Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Two Former New Jersey Residents Plead Guilty to Multiple Armed Robberies in Luzerne, Schuylkill and Carbon CountiesRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that two former New Jersey residents pleaded guilty today before Magistrate Judge Karoline Mehalchick and admitted to participating in multiple armed robberies of stores and businesses located in Luzerne, Schuylkill and Carbon Counties between December of 2011 and February of 2012.
According to United States Attorney Peter J. Smith, Tysheed Hargrove, age 20, also known by the "street-name" "Sincere," formerly of Newark, New Jersey, admitted to 11-counts of interference with commerce by robbery and aiding and abetting.
Specifically, Hargrove admitted to robbing the following institutions:
- Convenient Mart, 51 West Juniper Street, Hazleton, on December 21, 2011;
- Turkey Hill, 70 Station Circle, Hazle Township, on December 24, 2011;
- Unimart, Route 940, Foster Township, on January 5, 2012;
- Turkey Hill, 800 Alter Street, Hazleton, on January 6, 2012;
- Turkey Hill, 800 Alter Street, Hazleton, on January 10, 2012;
- Fegley's Mini-Mart, 30-32 Center Street, Tamaqua, on January 20, 2012 ;
- Fegley's Mini-Mart, 146 South Kennedy Drive, McAdoo, on January 26, 2012;
- Wawa, SR 940, White Haven, on January 29, 2012;
- Turkey Hill, 205 Claremont Avenue, Hometown, on February 3, 2012;
- Unimart/Exxon, 541, Altamont Boulevard, Frackville, on February 3, 2012; and
- Fegley's Mini-Mart/Dunkin Donuts, 30-32 Center Street, Tamaqua on February 5, 2012.In addition, Jose Nunez, age 20, also known by the "street-name" "Skillz," formerly of Newark, New Jersey, pleaded guilty to aiding and abetting Hargrove in the following seven robberies:
- Convenient Mart, 51 West Juniper Street, Hazleton, on December 21, 2011;
- Turkey Hill, 70 Station Circle, Hazle Township, on December 24, 2011;
- Unimart, Route 940, Foster Township, on January 5, 2012;
- Fegley's Mini-Mart, 146 South Kennedy Drive, McAdoo, on January 26, 2012;
- Wawa, SR 940, White Haven, on January 29, 2012;
- Turkey Hill, 205 Claremont Avenue, Hometown on February 3, 2012; and
- Unimart/Exxon, 541, Altamont Boulevard, Frackville on February 3, 2012;Magistrate Judge Mehalchick ordered that presentence investigations be conducted by the United States Probation Office. Sentencing will be scheduled at a future date before Senior United States District Judge Richard P. Conaboy.
The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and numerous local law enforcement agencies, including the Hazleton, Tamaqua, McAdoo, Kidder Township, Rush Township and Nesquehoning Police Departments, and the Luzerne County, Schuylkill County and Carbon County District Attorney's Offices.
Prosecution has been assigned to Assistant U.S. Attorney Robert J. O'Hara.
****North Carolina Man Charged with Making False Internet Bomb Threat to Federal PrisonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an Information was filed today in U.S. Middle District Court in Williamsport against Matthew Mitchell Wilson, age 22, of Indian Trail, North Carolina. The Information charges Wilson with e-mailing a false bomb threat to the Low Security Correctional Institution at Allenwood on March 31, 2012.
According to United States Attorney Peter J. Smith, the Information alleges that on March 31, 2012, during a trip to visit his brother at the prison, Wilson sent an e-mail to the prison stating that there was a bomb in that facility.
The case was investigated by the Federal Bureau of Investigation. 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.
In this case, the maximum penalty under the federal statute is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Camp Hill Marijuana Trafficker Pleads GuiltyRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced that Andrew Angle, age 26, from Camp Hill, entered a guilty plea today before U.S. District Court Judge Christopher C. Conner to conspiracy to distribute marijuana between December 2011 and March 2012.
According to United States Attorney Peter J. Smith, Angle also forfeited over $50,000 in cash and drug proceeds seized from a bank account, safe deposit box, and locations affiliated with Angle. Angle has contested forfeiture of $28,000 in cash taken from one of his bank accounts. That forfeiture will be decided by the court at a later proceeding.
The case was investigated by the DEA, Dauphin County Drug Task Force and the Cumberland County Drug Task Force. Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.
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 five years’ imprisonment and 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.Scranton Man Convicted of Murder-For-Hire Conspiracy and Related CrimesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal jury returned guilty verdicts Wednesday against a Scranton man on all five charges related to his participation in a murder-for-hire scheme after a three-day trial in Senior U.S. District Court Judge A. Richard Caputo’s courtroom in Wilkes-Barre.
According to United States Attorney Peter J. Smith, the jury deliberated approximately three hours before finding Gary Williams, age 45, guilty of conspiracy to commit a murder-for-hire, carrying and possessing a firearm in relation to and in furtherance of a crime of violence, receiving a firearm and ammunition in interstate commerce with the intent to commit a felony offense, unlawfully possessing a firearm as a convicted felon, and attempting to tamper with a witness.
Williams was originally indicted by a federal grand jury in August 2012 as a result of an investigation by the Federal Bureau of Investigation and the Scranton Police Department. Williams was charged in a superseding indictment in April 2013. The indictment alleged that Williams agreed to kill the ex-wife of a co-conspirator, and that the co-conspirator shipped a rifle and bullets from Cape Coral, Florida to Scranton for Williams to use to commit the murder. The indictment further alleged that the co-conspirator promised Williams money and a job for committing the murder.
Judge Caputo scheduled sentencing in the case for November 21, 2013. Williams faces a possible maximum sentence of life in prison, a fine of up to $1.25 million, a maximum term of supervised release of 19 years, and a $500 special assessment. Williams was ordered to be detained in prison pending sentencing.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Harrisburg Man Indicted for Crack Cocaine TraffickingRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced that a federal grand jury in Harrisburg returned an indictment charging James O. Payne, age 32, of Harrisburg, with crack cocaine trafficking.
According to United States Attorney Peter J. Smith, Payne distributed crack cocaine in Harrisburg and elsewhere from 2011 to February 2013. An investigation by the United States Drug Enforcement Administration, Dauphin County Criminal Investigation Division, the Dauphin County Office Probation and Parole, and the Harrisburg Bureau of Police, revealed his pattern of drug trafficking in the area.
Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is life imprisonment and 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.
* * * *Fulton County Investment Advisor Convicted of 21 Counts of FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert G. Bard, age 47, of Warfordsburg, Pennsylvania, was convicted in U.S. District Court for the Middle District of Pennsylvania of 21 counts of fraud-related offenses after a seven-day jury trial before U.S. District Court Judge Sylvia H. Rambo. No date was set for sentencing.
Bard was a registered investment advisor and was the owner and operator of Vision Specialist Group (VSG) between December 2004 and August 2009. The jury convicted Bard of defrauding numerous investors by, among other things, misrepresenting the value and make-up of their investment portfolios. Bard executed the scheme by creating phony account statements which significantly inflated the value of the investors’ accounts and included securities that were not owned by the investor. Bard created the phony account statements to conceal over $3 million in losses his clients sustained between 2006 and 2009 as a result of risky and speculative stocks he purchased on their behalf.
Bard also failed to inform his clients that he was terminated from his prior employment as a stock broker for forging customer signatures on financial documents, had received a lifetime ban from the National Association of Securities Dealers and had declared personal bankruptcy in 2005.
Bard faces up to 20 years’ imprisonment on the securities fraud charge, up to 20 years’ imprisonment on each of the 14 wire fraud charges, up to 20 years’ imprisonment on each of the three mail fraud charges, up to 30 years’ imprisonment on the bank fraud charge and up to five years’ imprisonment on the false statements charge, as well as substantial fines and penalties when he is sentenced. Bard was previously held liable for a civil penalty of $2.5 million as well as disgorgement of $450,000 in profits in connection with a prior civil proceeding brought by the Securities and Exchange Commission.
The case was investigated by the FBI with assistance from the Securities and Exchange Commission. Senior Litigation Counsel Bruce Brandler handled the prosecution.
Federal Escapee Allegedly Involved InRead the Press Release
The Robbery Of Dunmore Bank Charged
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of a criminal Information in U.S. District Court in Scranton Wednesday charging Romeal Price, age 36, of Brooklyn, New York, with escape and bank robbery.
According to United States Attorney Peter J. Smith, the Information charges that while completing his remaining few months of a 15-year federal prison sentence from 2001, Price escaped from the Catholic Social Services Residential Reentry Center on June 18, 2013. It is alleged that following his escape, Price robbed the Pennstar Bank, 1230 O’Neill Highway, Dunmore, Pennsylvania, of approximately $11,000 on June 28, 2013. Following the robbery, Price fled to New York City. On July 17, 2013, deputies of the United States Marshals Service arrested Price in a New York City apartment without incident.
The case was investigated by the United States Marshals Service, the Federal Bureau of Investigation, and the Dunmore Police Department. The case is being prosecuted by Assistant U.S. 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 case, the maximum penalty under the federal statute is 25 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.
Appeals Court Affirms Life Sentence for Drug Conspiracy LeaderRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Third Circuit Court of Appeals today affirmed the sentence of life imprisonment imposed by Senior U.S. District Court Judge Edwin M. Kosik on Charles Sechler for his participation in an eight-year drug trafficking conspiracy that was responsible for distributing large amounts of methamphetamine and marijuana in Northeastern and Central Pennsylvania between 1995 and 2003.
According to United States Attorney Peter J. Smith, Sechler, age 44, who resided in the Montoursville area during the time of the conspiracy, was convicted by a jury after a six-day trial in July 2007. The jury returned guilty verdicts on all eleven drug-related charges against Sechler and his co-defendant Steven Fausnaught. Fausnaught was sentenced to 24 years in prison and his sentence was previously affirmed on appeal.
Sechler was indicted by a federal grand jury on August 12, 2003, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, Bloomsburg Police, the Columbia County Drug Task Force, and the Pennsylvania Attorney General’s Office.
After his conviction in the case, Sechler was released on bail and fled to Canada, was subsequently apprehended by Canadian authorities in cooperation with the U.S. Marshals Service, then fought extradition by claiming he was a “political prisoner.” He was returned to the United States and sentenced on July 14, 2011.
In upholding the life sentence, the Third Circuit Court noted that Sechler was responsible for distributing at least 15 kilograms of methamphetamine and more than 100 kilograms of marijuana, possessed firearms in connection with the conspiracy, and was an organizer and leader of the multi-year drug trafficking operation. The Court rejected Sechler’s argument that the sentence of life imprisonment violated the Eighth Amendment’s prohibition against cruel and unusual punishments, reasoning that the district court’s sentence was not “grossly disproportionate when balanced against the gravity of his offenses.”
Assistant United States Attorney Francis P. Sempa prosecuted the case and handled the appeal for the government.
Mexican Citizen Indicted for 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, announced today that a 28-year-old year-old native and citizen of Mexico has been charged with Illegal Reentry into the United States.
According to United States Attorney Peter J. Smith, Estevan Almanza-Mendoza, age 28, a native and citizen of Mexico, in the United States illegally, was charged in a one-count indictment by a federal grand jury in Harrisburg Wednesday.
The indictment alleges that Almanza-Mendoza, an alien who has been convicted on December 21, 2009, of Illegal Re-Entry into the United States by a Previously Deported Alien, was previously arrested and deported from the United States on January 11, 2010, did knowingly and unlawfully reenter the United States. He was located by federal immigration agents in York County, Pennsylvania.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. It is being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 10 years’ imprisonment, a term of supervised release following imprisonment, and a 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 Mother and Grandmother Indicted and Charged with Social Security Fraud and Theft of Government FundsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Oriana Merino, age 31 and Raquel Cuni, age 65, both of Harrisburg, were indicted Wednesday and charged with theft of government funds and social security fraud.
According to U.S. Attorney Peter J. Smith, from March 2010 to May 2013, Merino and Cuni received Supplemental Security Income and disability benefit payments as Representative Payees for their son/grandson and used the money for themselves. The child had been removed from the home and transferred to the custody of Dauphin County Children and Youth Services.
This case is being investigated by Social Security Office of 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.
In this case, the maximum penalty under the federal statute is 15 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.
Cameron County Man Convicted on Charges Related to Armed CarjackingRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that following a three-day trial before U.S. District Court Judge Christopher C. Conner, an Emporium, Pennsylvania man was convicted late Wednesday on charges of carjacking, brandishing a gun during a crime of violence and receiving a stolen firearm stemming from an armed carjacking.
According to United States Attorney Peter J. Smith, on August 8, 2012, Thomas Edward Smith, age 58, pretended to be working on a car parked along a street in Emporium and flagged down an employee of Citizens & Northern Bank. Smith entered the vehicle and pulled out a handgun. Smith then directed the victim to drive to the Citizens & Northern Bank branch in Emporium. Smith told the victim this would be "the worst day of her life," that the victim and the bank had taken his house away from him in a bank foreclosure, and that the victim and another bank employee were now "going to pay for it." The victim jumped out of the vehicle to escape from Smith, who then also fled from the vehicle.
Smith was indicted in September 2012.
Sentencing is scheduled for November 15, 2013.
The case was investigated by the Emporium Borough Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation. Prosecution was handled by Assistant United States Attorney George J. Rocktashel.
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.
Texas Man Sentenced to Prison for Federal Cocaine Trafficking ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Texas man was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 48 months in prison on the charge of conspiracy to distribute cocaine.
According to United States Attorney Peter J. Smith, Jhonny Pichardo, age 51, formerly of Coppell, Texas, previously admitted to participating in a drug-trafficking conspiracy which obtained cocaine in Texas and distributed the cocaine in the Monroe County and Northampton County areas in 2011.
In addition to the prison term, Senior Judge Kosik also ordered that Pichardo be supervised by a probation officer for four years following his prison sentence.
The investigation was conducted by the Drug Enforcement Administration, the Stroud Area Regional Police Department and the Internal Revenue Service, Criminal Investigations.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
Wilkes-BarreRead the Press Release
Man Charged With Counterfeiting
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a felony Information in U.S. District Court in Scranton charging Fabian Forbes, age 23, of Wilkes-Barre, Pennsylvania, with a conspiracy to deal in counterfeit United States Federal Reserve Notes.
According to United States Attorney Peter J. Smith, the Information charges that Forbes conspired with others in a scheme that involved the bleaching of genuine $1 Federal Reserve Notes for the purpose of printing over those notes with a genuine $100 Federal Reserve Note. The Information charges that Forbes engaged in this activity from December 2012 through June 2013.
The case was investigated by the United States Secret Service. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 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.
Monroe County Man Sentenced to Prison ForRead the Press Release
Federal Cocaine Trafficking And Money Laundering Charges
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 60 months in prison on the charges of conspiracy to distribute cocaine and conspiracy to commit money laundering.
According to United States Attorney Peter J. Smith, Dickson Gutierrez, age 37, formerly of Stroudsburg, Monroe County, previously admitted to participating in a conspiracy to distribute powder cocaine and to commit money laundering in the Monroe County and Northampton County areas in 2011. As part of his plea agreement, Gutierrez also agreed to forfeit to the United States two properties in the Dominican Republic which were purchased with the proceeds of cocaine trafficking activity.
In addition to the prison term, Senior Judge Kosik also ordered that Gutierrez be supervised by a probation officer for four years following his prison sentence.
The investigation was conducted by the Drug Enforcement Administration, the Stroud Area Regional Police Department and the Internal Revenue Service, Criminal Investigations.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
Former Debt Counselor Charged with FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a Criminal Information in U.S. District Court in Scranton charging Timothy Turner, age 36, of Shavertown, Pennsylvania, with a fraud scheme utilizing the United States Mails.
According to United States Attorney Peter J. Smith, Turner allegedly held himself out as a mortgage consultant, financial consultant, debt relief consultant and/or credit repair consultant with a local business office in Kingston, Pennsylvania. Turner, conducting business under the following corporate and fictitious entity names: The Turner Financial Company, LLC; The Turner Financial Co., LLC; In-Motion Debt Relief; Turner Approved Mortgage; and The Mortgage Modification Consultants.
Turner allegedly devised a scheme to defraud a victim of funds the victim provided Turner who offered debt relief services which included offers to assist the victim in negotiating settlements with credit card companies.
Turner allegedly offered to negotiate settlements with the creditors for approximately 40% of what was owed when the victim’s escrow account reached a sufficient balance. Part was to go into an "escrow account" to be used to satisfy the victim’s outstanding debts, and a separate portion was to go to Turner for his services.
The Information alleges that Turner comingled client funds with company funds and converted the client funds for his own use. Turner allegedly deposited the victim’s funds into an account and then promptly divided it among other business accounts. During a 15-month period between August 1, 2008 through October 31, 2009, Turner made purchases of a personal nature utilizing the victim’s funds. Turner obtained from the victim approximately $23,600 of which Turner claimed that approximately $16,000 were his fees with the remainder allegedly deposited in the "escrow account." Turner allegedly did not settle any of the victim’s credit card debt nor negotiate any settlement; he allegedly closed the business, and moved out of state without reimbursing the victim.
The case was investigated by the United States Secret Service. Prosecution is assigned to Assistant United States Attorney John Gurganus.
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 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Indictment Unsealed Following Arrest Charging Three with the Alleged Violent Robbery of Jewelry StoreRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced today that an indictment charging three individuals with allegedly being involved in the violent robbery of a York County jewelry store has been unsealed.
According United States Attorney Peter J. Smith, Jamell Smallwood, age 42, of Allentown, Pennsylvania, Timothy Forbes, age 31, of Allentown, Pennsylvania and Jesse Brewer, age 38, of Jamaica, New York, were charged with robbery and possession of a firearm during a crime of violence.
An indictment returned by a Harrisburg grand jury on January 30, 2013, was sealed pending the arrest of Smallwood. A superseding indictment was returned on May 15 adding charges against Forbes and Brewer.
The charges are the result of allegations that on July 12, 2012, Smallwood, Forbes and Brewer robbed White Jewelers in York, Pennsylvania and shot the owner of the store three times, severely injuring him.
The case is being jointly investigated by the Federal Bureau of Investigation and the York Area 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.
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.
New Jersey Woman to Enter Guilty Plea in an Interstate ConspiracyRead the Press Release
Involving Bank Fraud, Money Laundering And Drug Manufacturing
ChargesThe United States Attorney’s Office for the Middle District of Pennsylvania announced that Evelyn Ugalde, age 37, of Hopatcong, New Jersey, has agreed to plead guilty to conspiracy to commit bank fraud.
The felony Information filed against Ugalde in U.S. District Court in Scranton charges that she engaged in a conspiracy involving nominees selling their credit in exchange for cash payments. Ugalde’s role in the alleged conspiracy involved the preparation, execution, and submission of a false mortgage application to IndyMac Bank for a mortgage in the amount of $216,000. In exchange for the use of her name and credit, Ugalde allegedly received cash payments. The property falsely mortgaged is located in Gilbert, Monroe County, Pennsylvania. The plea agreement is subject to the Court’s approval.
Ugalde’s co-conspirators are charged in a superseding indictment filed on June 26, 2012. They include Carlos Guerra-Lescay, age 51, Eileen Mesa, age 36, Ernesto Huerta Martin, age 51, Jose Frias, age 43, all from Newark, NJ, Vivian Cruz, age 49, and Antonio Figueredo, age 41, both from Easton, PA, and Osleivy Gomez, age 34, North Bergen, NJ. The superseding indictment alleges that the defendants engaged in a scheme to acquire properties with false financial information submitted to multiple financial institutions.
The properties, located in the Brodheadsville and Gilbert area of Monroe County, as well as in New Jersey, were then used to facilitate an indoor marijuana growing operation. Search warrants executed by the Pennsylvania State Police at three of the properties in August 2011 uncovered an alleged large-scale indoor marijuana grow operation.
This case was investigated by the Drug Enforcement Administration, the Department of the Treasury - Internal Revenue Service, and the Pennsylvania State Police. Prosecution has been assigned to Assistant United States Attorney Michelle Olshefski.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 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.
Lemont Man Charged with Illegally StructuringRead the Press Release
Of Credit Union Deposits Totaling $372,321
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a one-count Information charging John Suhan, age 48, of Lemont, PA, with structuring transactions to evade federal reporting requirements, with funds totaling $372,321. Pursuant to a plea agreement filed with the Information, Suhan has agreed to waive indictment by a grand jury, plead guilty to the offense, and agree to criminal forfeiture of $3,180 in currency recovered from his residence.
According to United States Attorney Peter J. Smith, the Information charges that starting in or around January 2006, a relative of Suhan’s wife gave him and his wife a sum of cash totaling approximately $372,321 generated from a family business. At the time Suhan received the cash, the relative allegedly told him that he would have serious problems and would get in trouble with governmental authorities if he were to make any bank deposits with the money which exceeded $10,000. To avoid making a deposit over $10,000, beginning in January 2006 and continuing through September 2011, Suhan allegedly made in excess of 200 separate deposits of the cash hoard totaling $352,740.02 at the main and branch office locations of Penn State Federal Credit Union and SPE Credit Union where he maintained accounts. He kept $3,180 in currency inside a safe at his residence, cash which FBI agents seized.
The case was investigated by the Federal Bureau of Investigation and prosecution 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.
In this 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.
Remaining Defendants in Foreign Worker Fraud Scheme SentencedRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that the remaining two defendants in a foreign worker fraud scheme were sentenced today in Scranton before U.S. District Court Judge A. Richard Caputo.
Sudheer Bandi, age 45 and Ram Challa, age 44, both received sentences of time served. They were ordered to serve two years of supervised release and forfeit $1.9 million. Both were residing in Wilkes-Barre, Pennsylvania.
According to United States Attorney Peter J. Smith, beginning in 2007, Bandi, Challa, and others engaged in a visa fraud and money laundering scheme by falsifying documentation required to obtain H-1B visas and establishing “shell” companies to give the appearance that they were operating legitimate computer programming businesses.
Through the course of the scheme, checks were issued from bank accounts held by shell companies and deposited into accounts in the name of JMR Technologies, Inc. The transfers created an appearance of revenue for JMR Technologies, Inc., and a portion of the monies were paid to Challa and Bandi using checks that appeared to be paychecks issued by JMR Technologies, Inc. Because Challa and Bandi appeared to have working full-time at JMR Technologies, Inc., they were able to defraud the foreign labor certification program and maintain their H-1B visas.
The H-1B Specialty Occupation Program assists employers in competing in the global market by allowing them to access highly qualified individuals to work in special occupations on a temporary basis. In order to obtain such a visa the employer must comply with strict regulations and obtain approval from various government agencies. In this matter, members of the conspiracy provided false and fraudulent information to government agencies in order to obtain H-1B work visas for themselves and other individuals. In effect, members of the conspiracy who had obtained H-1B Specialty Occupation visas and who were reported to be working as computer programmers and technicians were instead working a gas station clerks in the Wilkes-Barre, Pennsylvania area.
Bandi and Challa were charged in November 2009 and pleaded guilty December 2009. Others charged in relation to this scheme include the following:
Ranga Junuthula, age 43, of Montvale, New Jersey, was charged in April 2010 and pleaded guilty to conspiracy to commit both visa fraud and money laundering. Junuthula was sentenced in October 2010, to 14 months’ imprisonment, $5,000 fine and three years of supervised release. Junuthula was ordered to forfeit $1,900,000.
Ramana Bandreddi, age 43, of Herdon, Virginia, was charged in July 2012 and pleaded guilty to aiding and abetting the giving of false statements in naturalization, citizenship, or registry of aliens. Bandreddi was sentenced in January 2012, to one year probation and a $3,500 fine. Bandreddi was also ordered to forfeit $14,025.
Krishna Koteru, age 44, of Parlin, New Jersey, was charged in July 2012 and pleaded guilty to aiding and abetting the giving of false statements in naturalization, citizenship, or registry of aliens. Koteru was sentenced in January 2012, to one year probation and a $3,000 fine. Koteru was also ordered to forfeit $21,865.68.
Ravi Kumar Nakirikanti, age 40, of Malvern, Pennsylvania, was charged in July 2012 and pleaded guilty to conspiracy provide false statements in naturalization, citizenship or registry of aliens. Nakirikanti was sentenced in March 2013, to one year probation and a $3,000 fine. Nakirikanti was also ordered to forfeit $122,340.
Venkat Varkala Reddy, age 42, of Edison, New Jersey, was charged in July 2012 and pleaded guilty to conspiracy to commit visa fraud. Reddy was sentenced in February 2013, to one year probation and a $2,000 fine. Reddy was also ordered to forfeit $1,496.
Raja Voggu, age 43, of Devon, Pennsylvania, was charged in June 2012 and pleaded guilty to conspiracy provide false statements in naturalization, citizenship or registry of aliens. Voggu was sentenced in December 2012, to one year probation. Voggu was also ordered to forfeit $28,563.54.
The cases were investigated by the Homeland Security Investigations (HSI) Immigration and Customs Enforcement (ICE), the U.S. Department of Labor-Office of Labor Racketeering and Fraud Investigations and the U.S. Citizenship and Immigration Services-Office of Fraud Detection and National Security with the assistance of the Pennsylvania State Police. The cases were prosecuted by Assistant United States Attorney Todd K. Hinkley.Four 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, Immigrations and Customs Enforcement, announced that four individuals were charged with being in the United States illegally, in separate cases.
According to United States Attorney Peter J. Smith, a grand jury in Harrisburg return indictments Wednesday against: Rosbel Velasquez-Perez, a/k/a Crumzel Valazquez-Perez age 25; Pedro Mulato-Rosas, age 32; Rodrigo Gomez-Roman, a/k/a Juan Diaz-Garcia, age 46; and Eliberto Tapia, age 37. All four are natives and citizens of Mexico.
Tapia and Velasquez-Perez were apprehended in Dauphin County. Mulato-Rosas and Gomez-Roman were apprehended in York County.
The investigations were conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement and are being prosecuted by Special Assistant United States Attorney Brian McDonnell.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, the maximum penalty under the federal statute is 10 years’imprisonment, a term of supervised release, 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.
Coal Township Man Charged with Failing to Report Earned IncomeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that charges have been filed against Paul J. Orner, of Coal Township, Pennsylvania.
According to United States Attorney, Peter J. Smith, Orner, age 55, is charged in a one-count Information with failing to report earned income to the Railroad Retirement Board while he was receiving a disability pension. The charge arose out of a Railroad Retirement Board investigation of individuals who failed to report income to the Railroad Retirement Board.
The investigation was conducted by the United States Railroad Retirement Board, Office of Inspector General, and the Internal Revenue Service, Criminal Investigation Division. 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 statutes 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.
Texas Man Convicted in $3.9 Million Money Laundering SchemeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that following a week long jury trial before U.S. District Court Judge Christopher C. Conner, a Texas man was convicted on July 19 on 14 Conspiracy and Money Laundering counts stemming from a scheme to defraud hundreds of victims across the country, including several from central Pennsylvania, out of more than $3.9 million and to launder the proceeds.
Olufemi Adigun, age 27, of Stafford, Texas, was indicted in December 2012 along with two other defendants, Uchechukwu Stanley Ohiri, age 29, and Benjamin Chikwe, age 32, both of Houston, Texas.
According to U.S. Attorney Peter J. Smith, the trial revealed that in 2008, Adigun operated MoneyGram and Western Union outlets out of an empty Houston storefront known as “FAB Tax Services,” a fictional tax service provider. The storefront was used by Adigun and his codefendants to intercept and launder $3.9 million sent by victims defrauded by advance fee, mass marketing schemes via the MoneyGram and Western Union money transfer systems.
The schemes rely heavily upon the MoneyGram and Western Union money transfer systems for success. More commonly known as Secret Shopper, Advance Fee, or Canadian Lottery schemes, perpetrators contact victims via the U.S. mail or the internet promising large cash prizes, lottery winnings, fictitious loans, or automobiles and motorcycles for sale. Counterfeit checks are sometimes sent to the victims who are induced into depositing them before returning a portion of the funds to the fraudsters via the MoneyGram and Western Union money transfer systems. The victims suffer a financial loss when the counterfeit checks bounce or after they send the fraudsters thousands of dollars of their own money for non-existent merchandise.
Adigun and his codefendants would intercept the victims’ money transfers and launder the proceeds before sending the proceeds back to the fraudsters minus a money laundering fee, typically 10-20%. Adigun and his codefendants would also enter false payee identification information into the MoneyGram and Western Union databases, thereby maintaining the anonymity of the fraudsters and creating the illusion that a bona-fide payee had physically entered the receiving outlet.
In almost all of the schemes the victim sender is instructed to provide the Money Transfer Reference Number (MTRN) to the fraudster immediately after the transfer is sent. Armed with the MTRN, FAB Tax Services or any other corrupt money transfer agent could query the MoneyGram and Western Union money transfer databases and remove the funds from the systems, even though FAB was physically located thousands of miles away from the intended payee.Adigun began operating FAB as a Western Union outlet in December 2007 and as a MoneyGram outlet in May 2008. Thereafter, more than 500 customers filed Consumer Fraud Reports (CFRs) with the two companies complaining they had been defrauded. The investigation revealed all 500 of the transfers had been paid out at FAB. As a result, MoneyGram and Western Union terminated FAB on August 20, 2008 and September 2, 2008 respectively. By that time, however, more than 1,241 victims had been defrauded out of $3,919,711. Adigun and his codefendants laundered $3.1 million of the $3.9 million by converting it into cash, withdrawing as much as $70,000 to $80,000 a day from 3 FAB bank accounts they controlled in the greater Houston area. The trio also forwarded another $650,000 offshore via the MoneyGram and Western Union money transfer systems, primarily to Canada, Nigeria and Romania. More than $100,000 of the offshore transfers were sent to just one MoneyGram agent in Toronto, which was also later closed for money laundering activity.
Adigun’s codefendant, Benjamin Chikwe, pleaded guilty to conspiracy to commit money laundering and is awaiting sentencing. Uchechukwu Stanley Ohirihas remains a fugitive.
Following the conviction, Judge Conner revoked release and committed Adigun to prison pending the sentencing in October.
This case was investigated by the Harrisburg Office of the U.S. Postal Inspection Service and was prosecuted by Assistant United States Attorney Kim Douglas Daniel.
The Postal Inspectors’ investigation has resulted in the conviction of more than 21 corrupt MoneyGram and Western Union agents from across the United States and Canada in the Middle District of Pennsylvania. The Postal Service’s investigation has also resulted in the prosecution of MoneyGram in the Middle District for aiding and abetting wire fraud, and for its failure to maintain an effective anti-money laundering program as required by federal law. In November 2012 the Company entered into a Deferred Prosecution Agreement with the government that required MoneyGram to pay $100,000,000 into a victim’s restitution fund, to make substantive improvements to its anti-money laundering programs, and to retain a Corporate Compliance Monitor selected by the government for the next five years.
Former Treasurer for Steelworkers Local 635 Charged with Falsifying RecordsRead 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 Bernard C. Nolter, Jr., age 45, of Mt. Carmel, Pennsylvania, with falsification of financial records.
According to United States Attorney Peter J. Smith, Nolter was responsible for the financial records of Steelworkers Local 635 during 2010-11 when he falsified those records in order to conceal the fact that he had embezzled approximately $7,047 from the union.
The case was investigated by the U.S. Department of Labor. Prosecution is assigned to Assistant U.S. Attorney Lorna N. Graham.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 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.
United States Reaches an Agreement with XTO Energy to Prevent Waste Spills from Natural Gas Exploration and ProductionRead the Press Release
WASHINGTON - The U.S. Environmental Protection Agency and the U.S. Department of Justice announced a settlement with XTO Energy Inc., a subsidiary of Exxon Mobil Corporation, to resolve an alleged violation of the Clean Water Act (CWA) related to the discharge of wastewater from XTO’s Penn Township, Lycoming County, Pa. facility used for the storage of wastewater generated by natural gas exploration, commonly known as fracking, and production.
The federal settlement requires that XTO pay a penalty of $100,000 to the United States and spend a federal government-estimated $20 million on a comprehensive plan to improve wastewater management practices to recycle, properly dispose of, and prevent spills of wastewater generated from natural gas exploration and production activities in Pennsylvania and West Virginia. Among other things, XTO must install a continuous, remote monitoring system for all of its permanent production located throughout Pennsylvania and West Virginia with alarms that will be triggered to alert operators immediately in the event of any future spills and implement a program to actively monitor interconnected wastewater storage tanks located throughout Pennsylvania and West Virginia.
The discharge was discovered by the Pennsylvania Department of Environmental Protection (PADEP) during an inspection of the Penn Township facility, where a PADEP inspector observed wastewater spilling from an open valve from a series of interconnected tanks. At the time, XTO stored wastewater generated from energy extraction activities conducted throughout Pennsylvania at its Penn Township facility and, at the time of the release, stored produced fluid from its operations in the area.
Pollutants from the release were found in a tributary of the Susquehanna River basin. EPA, in consultation with PADEP, conducted an investigation and determined that wastewater stored in the tanks at the Penn Township facility contained the same variety of pollutants, including chlorides, barium, strontium, and total dissolved solids, that were observed in those surface waters.
“Today’s settlement holds XTO accountable for a previous violation of the Clean Water Act and requires operational changes and improved management practices to help ensure the safe and responsible handling of wastewater produced during natural gas exploration and production activities,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The Justice Department is committed to ensuring that our natural resources are developed in an environmentally responsible manner.”
Under the settlement with the United States, the substantial improvements to XTO’s wastewater management are estimated by the federal government to reduce discharges of total dissolved solids by 264 million pounds over the course of the next three years. These reductions will occur in large part because XTO will increase wastewater recycling and will properly dispose of wastewaters generated by its natural gas activities across the mid-Atlantic region. In addition XTO will implement a region-wide program of operational best management practices which include: secondary containment for tanks used to store wastewater, improved standard operating procedures designed to reduce the risk of a spill, a prohibition on using pits or open-top tanks to store wastewater which will prevent air emissions, remote monitoring of tank volumes to prevent overfilling and spills, and proper signage on all tanks with safety information and a manned, 24-hour emergency phone number.
“The operational improvements required by today’s settlement will help to protect precious surface and drinking water resources in Pennsylvania and West Virginia,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA continues to push for responsible development of domestic sources of energy and to insist that companies play by the rules that protect public health.”
“This consent decree establishes a program of best practices that should be a model for the industry and, if followed, will give a level of assurance to the people of the Commonwealth that their waters will be protected. This settlement is in the long-term best interest of the taxpayers, the industry, and our children,” stated Peter J. Smith, U.S. Attorney for the Middle District of Pennsylvania.
Untreated discharges of wastewaters from natural gas exploration and production activities typically contain high levels of total dissolved solids and other pollutants and can adversely impact fresh water aquatic life and drinking water quality.
The consent decree, lodged in the Middle District of Pennsylvania, is subject to a 30-day public comment period and court approval. The consent decree is available for review at www.justice.gov/enrd/Consent_Decrees.htmlMore information about the settlement:
http://www2.epa.gov/enforcement/xto-energy-inc-settlementMore information about EPA Region III’s activities related to natural gas extraction: http://www.epa.gov/region3/marcellus_shale/
IF YOU HAVE QUESTIONS, PLEASE CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Wyoming County Man Sentenced to Federal Prison for Theft from an Employee Benefit Plan and Failure to File A Tax ReturnRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Wyoming County man was sentenced today by Senior United States District Judge James M. Munley to serve 17 months in prison on the charges of Theft from an Employee Benefit Plan and Failure to File an Income Tax Return.
According to United States Attorney Peter J. Smith, Charles Yaskulski, age 43, of Nicholson, Wyoming County, was the former president and majority shareholder of Eagle Warranty Corporation, located in Eynon, Lackawanna County, a business which marketed and sold used car warranty policies to customers in twelve states nationwide. Eagle Warranty also established a profit sharing plan, whereby company employees could make payroll-funded contributions to a company-sponsored 401(k) retirement plan. Yaskulski previously admitted to the theft of approximately $16,000 from the retirement plan in 2008 and 2009. Yaskulski also failed to file employer’s quarterly federal tax returns for Eagle Warranty for each tax quarter in 2009.
In addition to the prison term, Senior Judge Munley also ordered that Yaskulski be supervised by a probation officer for two years following his prison sentence. Yaskulski was also ordered to pay restitution to former employees of Eagle Warranty and to the Internal Revenue Service.
The investigation was conducted by the Department of Labor’s Office of Inspector General, the Department of Labor’s Employee Benefit Security Administration and the Internal Revenue Service, Criminal Investigations.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
****Williamsport Resident Sentenced to 70 Months on Federal Tax ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Cheryl Cobia, age 27, of Williamsport, Pennsylvania was sentenced to 70 months’ imprisonment by U.S. District Court Judge Matthew W. Brann on July 9, 2013, in U.S. District Court in Williamsport.
Cobia pleaded guilty earlier this year to charges of conspiracy and false statements in connection with a scheme to file false federal income tax returns in 2009-2011. Cobia was also charged with making false statements in applications for food stamps and medical assistance benefits.
Cobia and a co-conspirator used computers to create and file false tax returns seeking refunds totaling more than $1 million.
The investigation was conducted by the Internal Revenue Service, Criminal Investigation Division, the Federal Bureau of Investigation and the Office of Inspector General Department of Health and Human Services. Assistant United States Attorney Wayne P. Samuelson prosecuted the case.
* * * *Hazleton Man Sentenced for $150,000 FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joseph M. Yesvetz, age 57, of Hazleton, Pennsylvania was sentenced today by U.S. District Court Judge Robert D. Mariani to 18 months’ imprisonment, two years of supervised release, and $150,000 restitution in connection with making a false claim for benefits under the Department of Labor’s Energy Employees Occupational Illness Compensation Program (EEOICP).
According to United States Attorney Peter J. Smith, EEOICP is meant to compensate individuals who suffer work-related health conditions due to exposure to toxic substances in the work place. Yesvetz filed a claim on behalf of his father who died in 2001 after working at a beryllium plant and who allegedly suffered from chronic beryllium disease. Yesvetz was charged with lying on the claim form by failing to report his prior conviction in 2008 for mail fraud in connection with his receipt of over $88,000 in Pennsylvania state workers’ compensation benefits meant for his deceased father. Yesvetz received $150,000 in April 2012 as a result of his false claim under the EEOICP.
The case was investigated by the Department of Labor Inspector General’s Office and was prosecuted by Senior Litigation Counsel Bruce Brandler.
Two Luzerne County Residents Charged Federally for Distribution of Prohibited “Bath Salts”Read the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a federal grand jury returned an indictment on July 9, 2013 charging two Luzerne County residents with Conspiracy to Distribute Alpha-PVP, a prohibited controlled substance. The two individuals were arrested on July 10.
According to United States Attorney Peter J. Smith, Todd Morgans, 34, and Christine Policare, 20, both of West Pittston, Pennsylvania, were charged by the grand jury with Conspiracy to Distribute a Controlled Substance Analogue. The offense allegedly occurred between December 2011 and July 2013 in and around West Pittston, PA and nearby communities in Luzerne County.
Alpha-PVP is a controlled substance analogue of MDPV, which is commonly referred to as “bath salts”. A controlled substance analogue is a chemically similar substance which has a substantially similar effect on the central nervous system as that of the Schedule I substance.
The Indictment contains a forfeiture allegation seeking to forfeit Morgans’ residence at 217 Liberty Street, West Pittston, PA; two bank accounts; a Chevy Colorado Z-71 truck and a money judgment in the amount of $700,000, representing the proceeds of the conspiracy.
The defendants were arrested early Wednesday morning at the 217 Liberty Street house. In conjunction with the arrests, a federal search warrant was executed at the Liberty Street residence by the Pennsylvania State Police Special Emergency Response Team. The entry team encountered fortified doors and counter surveillance equipment believed to be installed to evade law enforcement. Investigators seized approximately 2000 grams of Alpha-PVP, drug packaging materials, scales, three (3) firearms, ammunition and approximately $40,000 in cash.
Based on what was found at the residence and information obtained during the investigation, the alleged drug distribution ring is allegedly linked to the Aryan Brotherhood organization. White supremacist paraphernalia was found in the residence. The residence was allegedly the main location for the organization’s distribution of bath salts and the meeting place for an Aryan Brotherhood Chapter led by Morgans. The investigation of this organization remains ongoing.
U.S. Attorney Smith noted that bath salts and MDPV analogues are highly dangerous drugs often causing extreme irrational behavior on the part of the individuals who use them, increasing the potential for harm to residents and other innocent bystanders. As a result, a dwelling used as a storage or distribution site for such drugs is both a public safety and health hazard. The substance appears to come to the United States from Asia. Finding the source of the drugs is part of the ongoing investigation.
The defendants, who are currently incarcerated, are scheduled to appear Friday July 12 starting at 10:30 A.M. before United States District Court Judge Malachy E. Mannion for a detention hearing.
The maximum sentence for the offense is imprisonment for 20 years, a fine of $1,000,000 and supervised release for a period of at least 3 years.
This case is the result of a joint investigation and ongoing cooperation among the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, The United States Postal Inspection Service, the West Pittston Police Department, Jenkins Township Police Department, and the Pittston City Police Department.
Prosecution is assigned to Assistant United States Attorney Amy C. Phillips.An Indictment or Information is not evidence of guilt but simply a description of the charge made by the Grand Jury and/or United States Attorney against a defendant. A charged Defendant is presumed innocent until a jury returns a unanimous finding that the United States has proven the defendant’s guilt beyond a reasonable doubt or until the defendant has pleaded guilty to the charges.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
York Resident Indicted for Failing to Register as Sex OffenderRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced today the indictment of John H. Phillips, age 45, of York, by a grand jury in Harrisburg for failing to properly register in Pennsylvania as a Sex Offender.
According to United States Attorney Peter J. Smith, Phillips is charged with knowing failure to register under the Sex Offender Registration and Notification Act. Phillips was convicted of rape in Massachusetts in 2004. Phillips registered as required in Massachusetts, but he allegedly recently left Massachusetts and moved to Pennsylvania. He allegedly failed to register as a sex offender and was found by United States Marshals living at a residence in York. Phillips was arrested on June 21, 2013. He was ordered to be detained in custody after a hearing before U.S. Magistrate Judge Susan Schwab.The Sex Offender Registration and Notification Act requires not only registration, but also updates when the registrant moves to, is employed, or attends school in another state.
“The Sex Offender Registration and Notification Act, commonly known as SORNA, is part of the Adam Walsh Child Protection and Safety Act of 2006, provides a set of minimum standards for sex offender registration and notification, and was enacted to help protect society from known sex offenders. The Act’s requirements are mandatory and are enforced vigorously in the Middle District of Pennsylvania.”
The case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant United States Attorney James T. Clancy.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is -10 years’ imprisonment, a term of supervised release following imprisonment, and a 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 Mexican Citizens Residing in Dauphin County Charged with Document Fraud in Separate IndictmentsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, announced today that two citizens of Mexico have been charged with Fraud and Misuse of Documents in separate indictments.
According to United States Attorney Peter J. Smith, Martin Perez-Pimental, age 18, and Manuel Alvarez-Alcantara, age 41, were charged separately in one-count indictments by a federal grand jury in Harrisburg today.
The indictment alleges that on April 4, 2013, Alvarez-Alcantara did knowingly possess, use, or attempt to use a fraudulent permanent resident card and social security card in Dauphin County, Pennsylvania.
The indictment alleges that on April 24, 2013, Perez-Pimental did knowingly possess, use, or attempt to use a fraudulent permanent resident card and social security card in Dauphin County, Pennsylvania.
These investigations were conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement and Homeland Security Investigations. They are being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these cases, the maximum penalty under the federal statute is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Jury Convicts Former MoneyGram Agent of Telemarketing Fraud SchemeRead the Press Release
The United Attorney’s Office for the Middle District of Pennsylvania announced that following a 6-day trial before U.S. District Court Judge Christopher C. Conner, a federal jury in Harrisburg convicted Itohan Agho-Allen, of Brooklyn, New York, late Tuesday, on charges of laundering money paid by victims of international telemarketing fraud schemes.
Agho-Allen was convicted of criminal conspiracy, 8 counts of wire fraud and 14 counts of money laundering. Following the verdict, Agho-Allen was taken into custody. A sentencing date has not yet been scheduled.
According to United States Attorney Peter J. Smith, Agho-Allen, age 39, was an agent of Miracle Multi-Link, a MoneyGram and Western Union outlet in Brooklyn, New York and had been recruited to process money transfers received from fraud schemes including sweepstakes, loans, employment opportunities, persons-in-need and internet purchases.
Between 2002 and November 2010, money transfers originating in locations in Pennsylvania, including York, Bloomsburg, Berwick, Hazleton, Lebanon, Chambersburg, East Stroudsburg and Montoursville, were transmitted through facilities to fraud participants in Brooklyn, Spain, Romania, Canada and Nigeria. Money in excess of $7 million was obtained from hundreds of victims throughout the United States through telemarketing schemes that falsely promised financial awards and other valuable items.
At trial the Government presented evidence that Agho-Allen entered fictitious identifying information into the Moneygram or Western Union computer systems disguising the true nature of the transaction and the identities of individuals perpetrating the frauds. For doing so, Agho-Allen was paid 10-15% of each transaction.
Assistant U.S. Attorney Christy Fawcett, the Government trial attorney, noted that, “The money launderer is crucial to the success of the international fraud scheme because she conceals from victims and law enforcement who is behind the fraud and where the money is going.”
Agho-Allen was indicted in March 2011 and charged with conspiracy to commit mail fraud, wire fraud and money laundering and counts of wire fraud and money laundering.
To-date, approximately 33 former MoneyGram and Western Union agents have been prosecuted by the United States Attorney’s Office in Harrisburg. Several of them testified as Government witnesses at Agho-Allen’s trial. In addition, in November 2012, the U.S. Department of Justice reached a settlement with MoneyGram which resulted in the forfeiture of $100 million to be used to compensate thousands of victims.
This case is part of an on-going, long-term investigation by the U.S. Postal Inspection Service in coordination with the United States Attorney’s Office for the Middle District of Pennsylvania and with cooperation from Canadian law enforcement agencies.
Prosecution was handled by Assistant United States Attorney Christy H. Fawcett.
Persons who believe they were victims of the fraud scheme should visit http://www.justice.gov/criminal/vns/caseup/ or call 1-877-282-2610 (United States Only) or 317-324-0390 (International) for instructions on how to request compensation.
Persons with information and/or complaints concerning suspected marketing fraud schemes should contact their nearest United States Post Office or 1-877-USMAIL-5.
York City Man Indicted for Drug Trafficking and Possession of A FirearmRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced that a federal grand jury in Harrisburg returned an indictment on June 26 charging a York City man for drug trafficking and possession of a firearm.
According to United States Attorney Peter J. Smith, on December 12, 2012, the Pennsylvania State Police and York City Police arrested Charlie Rivera, age 23, from York. Rivera was wanted by local officials for failing to report for service for a drug trafficking sentence. When officers arrested Rivera, they allegedly found in his vehicle crack cocaine, powder cocaine, heroin, oxycodone, and a firearm.
Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio and Special Assistant United States Attorney David Sunday from the York County District Attorney’s Office.Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, the maximum penalty under the federal statute is life imprisonment for the defendant and a term of supervised release following imprisonment and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Three York City Men Indicted for Drug TraffickingRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced that a federal grand jury in Harrisburg return an indictment Wednesday charging three men with drug trafficking in York City.
According to United States Attorney Peter J. Smith, the indictment resulted from a two-year investigation by the Pennsylvania State Police and the York County Drug Task Force, conducted with the assistance of the Federal Bureau of Investigation. In that investigation, hundreds of purchases of heroin, cocaine, and crack cocaine were made from dozens of individuals some of whom were affiliated with the Latin Kings street gang. That local investigation resulted in the arrest of dozens of individuals in a sweep that began on February 6, 2013, in York County. The present indictments arose from this investigation.
The United States Attorney’s Office has indicted the following individuals for drug trafficking: Hector Rengifo, age 40; Carlos Ortaga, age unknown; Jose Cartagena, Age 35; all of York.
Previously, a grand jury indicted eight individuals affiliated with the Latin Kings for their role in the larger drug trafficking conspiracy. Those individuals include: August Ranalli, age 31; Marcus Garcia, age 26; David Ramsey, age 31; Antonio Navaro-Garcia, age 21; Brandon Jones, age 24; Michael Enriquez, age 28; Daniel Pacheco-Morales, age 41; and Carlos Martinez-Villalongo, age 36. All of the defendants are from York, Pennsylvania.
Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio and Special Assistant United States Attorney David Sunday from the York County District Attorney’s Office.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, the maximum penalty under the federal statute is 20 years imprisonment for the defendants and 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 Harrisburg-Based U.S. Postal Inspectors Receive Award for Consumer Fraud WorkRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a U.S. Postal Inspector and a Consumer Fraud Analyst were awarded the Federal Trade Commission’s (FTC) Criminal Liaison Unit’s Consumer Shield Award for their dedicated efforts related to the investigation of the MoneyGram fraud case.
Nicholas Alicea and Michael Hartman were presented the Consumer Shield Award today by James Kohm, Associate Director for the FTC’s Division of Enforcement. It is the first time the FTC has presented this award established to recognize extraordinary work by a criminal law enforcement officer in fighting consumer fraud. Both men will be the only recipients of the award this year.
Alicea and Hartman were nominated for the award by United States Attorney Peter J. Smith.
Alicea and Hartman led the long-term investigation that resulted in the settlement with MoneyGram forfeiting $100 million to be used to compensate thousands of victims of mass marketing and consumer fraud schemes perpetrated by MoneyGram agents between 2004 and 2009.
In addition to the $100 million settlement, approximately 25 former MoneyGram agents have been prosecuted by the United States Attorney’s Office for the Middle District of Pennsylvania. Those defendants victimized individuals throughout Central Pennsylvania many of them elderly, from central and northeastern PA, including residents of: York; Mifflinburg; Sugarloaf; Lehighton; Chambersburg; Moosic; Dover; Stroudsburg; Harrisburg; Clark Summit; Jim Thorpe; Lairdsville; Montgomery; Milford; Bloomsburg; Mount Pocono; Palmyra; Tunkhannock; Montandon; State College; St. Clair; Lewisburg; Shenandoah; Montoursville; Wilkes-Barre; Northumberland; and Elizabethville.
The MoneyGram case was prosecuted by the U.S. Department of Justice Trial Attorney Craig Timm of the Criminal Division’s Asset Forfeiture and Money Laundering Section (AFMLS) and Assistant U.S. Attorney Kim Douglas Daniel of the U.S. Attorney’s Office for the Middle District of Pennsylvania. The forfeiture was handled by Acting Assistant Deputy Chief Jeannette Gunderson of AFMLS’ Forfeiture Unit. The case was investigated by the Harrisburg, PA, office of the United States Postal Inspection Service, Philadelphia Division.
U.S. Postal Inspectors and the U.S. Attorney’s Office are continuing the investigation and prosecutions of consumer fraud schemes that use international money transfer services to victimize U.S. Citizens.
Persons who believe they were victims of the fraud scheme should visit http://www.justice.gov/criminal/vns/caseup/ or call 1-877-282-2610 (United States Only) or 317-324-0390 (International) for instructions on how to request compensation.
Man Owing More Than $90,000 in Child Support Pleads Guilty to Failure to PayRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenneth Fay, age 54, most recently a resident of Missouri, pleaded guilty Monday before U.S. District Court Judge Christopher C. Conner to charges that he failed to pay child support.
According to United States Attorney Peter J. Smith, in November 1993, Fay was ordered to pay child support by the Dauphin County Court of Common Pleas Domestic Relations Section. Fay failed to pay the child support and the case was referred to the federal government after both the state and county exhausted their ability to collect the child support payments from Fay.
Fay was indicted by a federal grand jury in December 2011. At that time, Fay owed more than $90,000 in child support payments.
A sentencing date has not yet been scheduled.
The case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General. Prosecution is being handled by Assistant U.S. Attorney Daryl F. Bloom.
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 two years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Federal Inmate Indicted in Pennsylvania for Murder of Correctional OfficerRead the Press Release
A federal grand jury in Scranton returned an indictment today charging Jessie Con-Ui, a federal inmate, with the murder of federal corrections officer Eric Williams, the Justice Department announced.
Con-Ui, 36, was charged in U.S. District Court in the Middle District of Pennsylvania with one count of first degree murder, one count of first degree murder of a U.S. corrections officer and one count of possessing contraband in prison.
The indictment alleges that Con-Ui killed Williams on Feb. 25, 2013, in a premeditated attack at the Canaan Federal Correction Complex in Waymart, Pennsylvania. According to the indictment, Con-Ui stabbed Williams with a sharpened weapon and struck him repeatedly.If convicted, Con-Ui faces a maximum penalty of death or life in prison.
The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The charges against Con-Ui resulted from an investigation by the FBI, with assistance from the Federal Bureau of Prisons. The case is being prosecuted by the Justice Department’s Criminal Division and the U.S. Attorney’s Office for the Middle District of Pennsylvania.
****Allentown Man Charged with Making False Statements to HUDRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of a Criminal Information today against David Unterberg, age 52, of Allentown, Pennsylvania, alleging that he made false reports and statements to the Department of Housing and Urban Development (HUD).
According to United States Attorney Peter J. Smith, the Criminal Information alleges that between May and December 2010, Unterberg submitted invoices seeking and receiving reimbursement for expenses and wages related to two conferences that he falsely claimed to have attended which were paid for by HUD funds. At the time, Unterberg was the owner of a firm known as Community Programs Incorporated (CP), which provided services to the Borough of Tamaqua, Schuylkill County, in connection with a federal Community Development Block Grant (CDBG).
The case was investigated by the U.S. Department of Housing & Urban Development, Office of Inspector General, and the Pennsylvania Department of the Auditor General. Prosecution is assigned to Assistant United States Attorney John Gurganus.
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 one-year of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Scranton Man Enters Guilty Plea in Conspiracy Case Involving Illegal AliensRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Scranton man has entered a plea of guilty before U.S. District Court Senior Judge Richard P. Conaboy in Scranton to a conspiracy involving the transportation of illegal aliens.
According to United States Attorney Peter J. Smith, Kerin Hamim, an Indonesian national and illegal alien, pleaded guilty Wednesday to a Felony Information charging him with conspiracy to transport illegal aliens. Hamim was charged for committing the offenses beginning in September 2012 through March 2013. The charges are the result of a joint investigation by the U.S. Department of Homeland Security - Immigration and Customs Enforcement and the Pennsylvania State Police.
The Information to which Hamim pleaded guilty alleges a conspiracy whereby Hamim’s conduct acted to facilitate the employment of dozens of illegal temporary employees to a meat packaging business located in Scranton, Pennsylvania. It is alleged that Hamim, in furtherance of the conspiracy, knowingly provided transportation for the illegal workers and paid the illegal work force in cash on a weekly basis.
Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
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.
Mexican Citizen Indicted for 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, announced today that a 46-year-old year-old native and citizen of Mexico has been charged with Illegal Reentry into the United States.
According to United States Attorney Peter J. Smith, Jesus Briseno-Flores, age 46, a native and citizen of Mexico, in the United States illegally, was charged in a one-count indictment by a federal grand jury in Harrisburg today.
The indictment alleges that Briseno-Flores, an alien who was convicted on February 23, 2009, of Illegal Re-Entry into the United States by a Previously Deported Alien, was previously arrested and deported from the United States on March 3, 2009, did knowingly and unlawfully reenter the United States. He was located by federal immigration agents in Dauphin County, Pennsylvania.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. It is being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.
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 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Northampton County Man Sentenced to Prison for Federal Cocaine Trafficking ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Northampton County man was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 48 months in prison on the charge of conspiracy to distribute cocaine.
According to United States Attorney Peter J. Smith, Reinaldo Colon-Seda, age 50, formerly of Wind Gap, Northampton County, previously admitted to participating in a conspiracy to distribute powder cocaine in the Monroe County and Northampton County areas in 2011.
In addition to the prison term, Senior Judge Kosik also ordered that Colon-Seda be supervised by a probation officer for four years following his prison sentence.
The investigation was conducted by the Drug Enforcement Administration and the Monroe County Drug Task Force.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
United States Attorney’s Office Announces Support for Attorney General’s Mobile Street Crime UnitRead the Press Release
Peter Smith, United States Attorney for the Middle District of Pennsylvania, announced today that his office enthusiastically supports Attorney General Kathleen Kane’s proposal to establish a mobile street crime unit targeting gangs in specific areas of Pennsylvania, beginning with Hazelton.
Smith stated that the Attorney General’s plan is a timely act of bold leadership on behalf of often overwhelmed and underfunded local law enforcement agencies in Hazelton and the surrounding area. “It is especially appropriate that the Attorney General wants to focus on a community in Luzerne County where the combination of gangs, drugs, adverse economic conditions, and political corruption has undermined public confidence in government and faith in the future.”
Smith noted that the Attorney General’s announcement mentioned that the mobile unit would partner with agents of the Drug Enforcement Administration and Federal Bureau of Investigation. He added that, in addition, the United States Marshals Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Internal Revenue Service-Criminal Investigation; and United States Department of Homeland Security are also extremely active in northeastern Pennsylvania, in coordination with his office and local and state task forces, police departments, the Pennsylvania State Police, and district attorney’s offices.
“Federal law enforcement will continue to work closely and creatively with the Attorney General and her staff on this initiative and others to fight gangs and drugs in northeastern Pennsylvania with all of the tools and resources at our disposal.”
Mexican National Sentenced to Six Years for Role in Berks-Schuylkill County Drug RingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 31-year-old Mexican national who resided in the Reading area at the time of his arrest in November 2011, was sentenced today to serve six years in prison for participating in a drug trafficking conspiracy by Senior U.S. District Court Judge A. Richard Caputo.
According to United States Attorney Peter J. Smith, Ivan Villasenor previously pleaded guilty to conspiracy to distribute more than five kilograms of cocaine and more than 500 grams of methamphetamine. The drug conspiracy operated in the Schuylkill and Berks County area between August and November 2011.
Villasenor was indicted by a federal grand jury in November 2011, as a result of an investigation by the Drug Enforcement Administration. Two co-defendants, Jose Sandoval-Martinez and Isaac Villasenor, have also pleaded guilty to participating in the conspiracy. Sandoval-Martinez was sentenced to 10 years in prison. Isaac Villasenor is awaiting sentencing.
Judge Caputo also ordered that Ivan Villasenor be placed on five years of supervised release after serving his prison sentence, and pay a $100 special assessment. Villasenor also faces possible deportation as a result of his conviction.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
****Hanover Pennsylvania Heroin Dealer Sentenced to 20 Years in Prison in Connection with Two Heroin Overdose-Related DeathsRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Zachary Aaron Staley, age 30, of Hanover, Pennsylvania, was sentenced today by U.S. District Court Judge Sylvia H. Rambo to 20 years in prison for distributing heroin that resulted in two deaths. Judge Rambo further ordered that Staley pay $19,024.75 in restitution.
According to United States Attorney Peter J. Smith, in November 2007 and again in September 2008, Staley sold heroin to two individuals in the Hanover, Pennsylvania area who died of overdoses after using the heroin Staley sold them.
Staley was indicted in February 2012 and pleaded guilty in January 2013.
The case was investigated by the Drug Enforcement Administration and the Adams County District Attorney’s Office. Prosecution was handled by Assistant United States Attorney Joseph J. Terz.
Former Pennsylvania Charter School Operator Pleads Guilty to Federal Income Tax FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dennis Bloom, age 58, of Mount Pocono, Pennsylvania, pleaded guilty today to tax fraud before U.S. District Court Judge Robert D. Mariani in Scranton.
According to United States Attorney Peter J. Smith, Bloom was indicted in March 2013 following his failure to report $180,000 in income and evaded approximately $57,813 in taxes.
Bloom is the former chief executive officer of the Pocono Mountain Charter School and Pastor of Shawnee Tabernacle Church, both in Mount Pocono.
A sentencing date was scheduled for the week of September 16, 2013.
The case was investigated by the Internal Revenue Service-Criminal Investigations and the U.S. Department of Education, Office of Inspector General. Prosecution is assigned to Assistant United States Attorney Lorna N. Graham.
Federal Jury Convicts Harrisburg Man of Illegally Possessing A FirearmRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric Chambers, age 42, of Harrisburg, was convicted Wednesday, in federal court, for possession of a firearm by a convicted felon following a two-day trial before U.S. District Court Judge William W. Caldwell. The jury deliberated approximately 30 minutes.
According to United States Attorney Peter J. Smith, Dauphin County had an active arrest warrant for Chambers following an attempted murder in September 2011. On January 9, 2012, police received a tip that Chambers was at the Red Roof Inn, Eisenhower Blvd., Harrisburg. Federal, state and local law enforcement responded and Chambers was arrested without incident.
A subsequent search of the hotel room revealed that Chambers had a loaded .40 caliber semi-automatic handgun and a loaded magazine that was hidden in the trash can.
Chambers was indicted by a federal grand jury for the illegal possession of a firearm in April 2012 as a result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Harrisburg Bureau Police Department and the Swatara Police Department.
Last month, Chambers was convicted of attempted murder and other charges in Dauphin County.
Chambers is awaiting sentencing on both the federal and county convictions.
The federal case was prosecuted by Assistant U.S. Attorney Meredith Taylor.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is life imprisonment. The federal statute also carries a 15 year mandatory minimum term of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Northampton Man Charged with Having Drugs on A Federal InstallationRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that federal charges were filed Monday in Harrisburg against a Northampton, Pennsylvania man for having drugs and drug paraphernalia on a federal installation in New Cumberland, Pennsylvania.
According to United States Attorney Peter J. Smith, Paul Transue, Jr., age 51, was charged with possessing marijuana and cocaine on November 14, 2012 while on the grounds of the Defense Distribution Center Susquehanna (DDCS), New Cumberland. Transue, a civilian contractor, consented to the search of his vehicle after it had been stopped for speeding. A search of his car led to the recovery of cocaine and marijuana as well as a variety of drug use paraphernalia such as glass pipes, rolling papers, a razor blade and a straw. The amount of marijuana and cocaine recovered was consistent with possession for personal use, especially given the fact that paraphernalia for using the drugs was also recovered from Transue’s car.
The investigation was handled by the DDCS Security and Emergency Services. Prosecution has been assigned to Assistant U.S. Attorney William A. Behe.
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 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.
Former U.S. Corrections Officer Sentenced for Theft of Government PropertyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former correctional officer at the United States Penitentiary-Lewisburg was sentenced today in Williamsport by U.S. District Court Judge Christopher C. Conner to 12 months’ probation for the theft of government property. The Court ordered restitution in the amount of $1,545.76, which represented the cost of the materials.
According to United States Attorney Peter J. Smith, a criminal Information was filed in January 2013 charging Fred Hagenbuch, age 52, of Danville, with theft of government property. The property stolen was from the Federal Corrections Complex at Allenwood and included electrical conduit, fence post, and mesh fencing. At the time of the theft in December 2010, Hagenbuch was employed as a Senior Officer Specialist at the Lewisburg Penitentiary.
Hagenbuch pleaded guilty in February 2013.
The case was investigated by the U.S. Department of Justice’s Office of the Inspector General. The case was prosecuted by Assistant U.S. Attorney William Simmers.
Second Carbon County Woman Sentenced to Prison for Federal Cocaine Trafficking ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a second woman from Carbon County was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 40 months in prison on the charge of conspiracy to distribute cocaine.
According to United States Attorney Peter J. Smith, Victoria Ann Argott, age 34, of Lansford, Carbon County, previously admitted to participating in a conspiracy to distribute crack cocaine and powder cocaine in the Carbon County area between January 2011 and December 2012.
In addition to the prison term, Senior Judge Kosik also ordered that Argott be supervised by a probation officer for four years following her prison sentence.
Previously, Bonnie Vosburgh, age 22, of Nesquehoning, Carbon County, was sentenced to 60 months in prison after entering a guilty plea and admitting 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 was prosecuted by Assistant United States Attorney Robert J. O’Hara.
****Annville Man Charged with Stealing and Reselling FirearmsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jacob D. Sattazahn, age 26, of Annville, was indicted on June 5 by a federal grand jury in Harrisburg and charged with stealing firearms and possessing and selling stolen firearms.
According to United States Attorney Peter J. Smith, in April 2013, Sattazahn stole 12 firearms, including five pistols, six assault rifles and a shotgun from his former employer, IWI, Inc., a Harrisburg firm which receives, stores, assembles, sells and ships firearms.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lower Paxton Township Police 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.
In this particular case, the maximum penalty under the federal statute is 15 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 Luzerne County Man Sentenced to Prison for Failing to Update Sex Offender RegistrationRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 50-year-old former resident of Luzerne County was sentenced to 13 months in federal prison Thursday by Senior U.S. District Court Judge Richard P. Conaboy for failing to update his sex offender registration.
According to United States Attorney Peter J. Smith, Joseph Hannel previously pleaded guilty to moving from Luzerne County, Pennsylvania, where he was registered as a sex offender, to Virginia without notifying authorities in both states as required by law. Hannel was required to register as a sex offender and update that registration after serving a state prison sentence for involuntary deviate sexual intercourse and sexual abuse of children.
Hannel was indicted by a federal grand jury in October 2012, as a result of an investigation by the U.S. Marshal’s Service.
Judge Conaboy also ordered Hannel to be placed on supervised release for five years after serving his prison sentence. Hannel must also pay a $100 special assessment.
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 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.