Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Berks County Man Pleads Guilty to Role in Multi-County Drug ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 24-year-old Reading man pleaded guilty Wednesday before Senior U.S. District Court Judge A. Richard Caputo to participating in a cocaine and methamphetamine trafficking conspiracy in 2011.
According to United States Attorney Peter J. Smith, Isaac Villasenor admitted to conspiring with others to distribute and possess with intent to distribute large quantities of cocaine and more than 500 grams of methamphetamine. The conspiracy spread across Berks, Dauphin, and Schuylkill Counties during 2011.
Villasenor was indicted by a federal grand jury on November 8, 2011, as a result of an investigation by the Drug Enforcement Administration(DEA) and the Pennsylvania State Police.
The plea agreement, if accepted by the court, calls for Villasenor to be sentenced to not less than seven years in prison and not more than eight years in prison. Judge Caputo scheduled sentencing for September 10, 2013.
Two co-defendants in the case previously pleaded guilty to participating in the drug conspiracy. Jose Sandoval-Martinez, the leader of the drug operation, was sentenced to 10 years in prison. Ivan Villasenor, Isaac’s brother, is scheduled to be sentenced later this month.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.Indictments Charging Twenty-Three People with Drug TraffickingRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced the filing of indictments returned by a federal grand jury in Scranton on May 21 and June 4, 2013, charging a total of 23 persons with offenses related to trafficking in controlled substances, including heroin.
According to United States Attorney Peter J. Smith, the indictments resulted from lengthy investigations by the United States Drug Enforcement Administration, Pennsylvania State Police, Wilkes-Barre City Police Department, and the Hanover Township Police Department into drug trafficking organizations involved in heroin distribution in the City of Wilkes-Barre.
The following individuals were indicted for their alleged roles in drug trafficking conspiracies and related offenses: Corey Arnott, 21, Ashlee, PA; Marvin Fitts, 37, Archbald, PA; Angelo Hardy, 41, Hanover Township, PA; Dawan Ingram, 25, Wilkes-Barre, PA; Lamar Johnson, age unknown, Wilkes-Barre, PA; Michael Scott, 21, Wilkes-Barre, PA; Dwayne Webb, age unknown, Wilkes-Barre, PA; Anthony Wilson, 25, Wilkes-Barre, PA; Anthony Rajohn Wilson, 31, Wilkes-Barre, PA; Derrick Wilson, 36, Edwardsville, PA; Lamont Wilson, 32, Wilkes-Barre, PA; Steven Wilson, 24, Glen Lyon, PA; William Wilson, 54, Edwardsville, PA; Teresa Bradigan, 31, Scranton, PA; Alejandro Delrosario, 28, Butler Township, PA; Christopher Gayton, 31, Wilkes-Barre, PA; Zackarae Lowe, 31, Wilkes-Barre, PA; Justin Murphy, 29, Scranton, PA; Richard Murphy, 30, Maryland; Damon Murray, 35, Wilkes-Barre, PA; Michael Murray, 36, Maryland; William Patterson, 30, Wilkes-Barre, PA; and Ashlee Taylor, 27, Maryland.
“Today, a big step has been taken to make Wilkes-Barre a safer place” said Drug Enforcement Administration (DEA) Special Agent in Charge, David G. Dongilli. The DEA, along with local, state and federal counterparts culminated a six-month long investigation of a violent heroin and cocaine drug trafficking organization operating throughout the region. SAC Dongilli further stated, “The DEA will bring every resource at our disposal to pursue and bring to justice those who, without conscience distribute this poison into our communities”.
Prosecution is assigned to Assistant United States Attorney William S. Houser.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, the statutory maximum penalty for the most serious offenses charged against some defendants is life imprisonment and a fine. Some defendants also face mandatory minimum periods of incarceration of ten years. Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
* * * *Former Middle Smithfield Township Supervisor Robert Spano Sentenced for Making False Statements in Connection with A Health Care MatterRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Spano, a former Supervisor in Middle Smithfield Township, Monroe County, was sentenced in federal court today by Senior U.S. District Court Judge Richard P. Conaboy to a two-year term of probation with four months to be spent on home confinement with electronic monitoring and must perform 50 hours of community service. Judge Conaboy further ordered that Spano pay $24,488.09 in restitution and a $500 fine.
According to United States Attorney Peter J, Smith, Spano, age 64, while a Supervisor and employee of Middle Smithfield Township, participated in the township’s group health benefit plan administered by Blue Cross of Northeastern Pennsylvania and in the township’s dental care benefits plan administered by United Concordia.
Spano completed health insurance and dental insurance enrollment forms in November 2007 in which he listed his girlfriend, referred to in the indictment as “C.B.,” as his spouse, and as having the last name “Spano,” when in fact her last name was not “Spano,” and she was not his spouse. Spano was still legally married to another person and had filed for divorce from his wife in January 2011.
As a result of Spano’s misrepresentations, Middle Smithfield Township, Blue Cross of Northeastern Pennsylvania, and United Concordia incurred expenses totaling approximately $24,488 for medical and dental services provided to C.B. and for higher health insurance premiums between 2007 and 2010.
Spano was indicted in November 2011 and pleaded guilty in February 2013.
The case was investigated by the Federal Bureau of Investigation and the Northeastern Pennsylvania Insurance Fraud Task Force.
The case was prosecuted by Assistant United States Attorney Robert J. O’Hara
Plea Agreement Filed in Case of Peckville Man Charged with Online Enticement of MinorsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that it has filed a plea agreement in U.S. District Court in Scranton today. The agreement is with Mark Kandel, age 53, of Peckville. In the agreement, Kandel will acknowledge that he engaged in the online enticement of minors and committed the offenses from January 2012 through November 2012.
The agreement, which must be accepted by the court, calls for a period of incarceration of at least 13 years but up to 19 years, to be determined by the Judge at the time of sentencing. As part of the plea agreement, Kandel will also receive a lifetime term of supervised release upon the completion of any term of incarceration and, will be subject to the registration and reporting requirements of the Adam Walsh Act.
Kandel was indicted by a federal grand jury in December 2012 on five counts of online enticement of a minor. He was taken into custody by federal agents. He remains detained.
According to United States Attorney Peter J. Smith, this case was brought as part of Project Safe Childhood, a nationwide initiative 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."
This investigation was conducted by the FBI, the Lackawanna County District Attorney’s Office and the Blakely Police Department. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Harrisburg Man Involved in Drug Trafficking Organization Sentenced to 120 Months’ ImprisonmentRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Cruz, age 32, was sentenced Thursday by U.S. District Court Judge Christopher C. Conner to 120 months’ imprisonment and three years’ of supervised release for distribution and possession with intent to distribute cocaine. Judge Conner further ordered the Cruz pay a $1,100 fine.
According to United States Attorney Peter J. Smith, as a result of continuous efforts by the Drug Enforcement Administration and the Dauphin County Drug Task Force the investigation identified cocaine and heroin drug trafficking organizations, which included Cruz and 18 other defendants who were indicted in April 2012.
Investigators found that Cruz was a distributor for a known drug trafficking organization in Harrisburg that used couriers who traveled between Harrisburg and the Boston metropolitan area where the drugs were obtained. Upon returning to Harrisburg, the drugs were repackaged for distribution throughout the area including Cruz’s cousin’s business, D&M Contracting.
Cruz pleaded guilty in December 2012 to distributing at least 500 grams of cocaine hydrochloride.
Of the remaining 18 defendants, Fremo Santana; Zenaida Arroyo; Eduardo Martinez; Ramon Serrano-Aponte; Angel Cruz; Jorge San Miguel; Jerome Brunson; Heidi Fisher; Eddie Carlo Rodriguez-Melendez; Angel DeJesus; and Richard Eugene Sims are awaiting trial scheduled for August 2013.
Crystal Dee Brunson, Thomas Davenport, Dwayne Lamont Harmon, Edwin Puglia and Harry Ortiz have pleaded guilty and are awaiting sentencing.
Luis Lopez-Melendez and Ralph David Howell remain fugitives.
The case was investigated by the Drug Enforcement Administration, the Lebanon County Drug Task Force and the Dauphin County Drug Task Force. Prosecution is being handled by Assistant U.S. Attorney Daryl F. Bloom.
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Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.York Man Sentenced to over 87 Years’ Imprisonment for Armed Robbery of Three BanksRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tristan Green, age 28, of York, Pennsylvania, was sentenced Wednesday by U.S. District Court Judge Christopher C. Conner to a 1030-month (85 years, 8 months) term of imprisonment for the armed robbery of three banks and must pay $217,178.45 in restitution. Judge Conner also ordered that Green serve 24-months imprisonment for violating the conditions of his supervised release relating to an earlier conviction.
In addition to Wednesday’s prison sentence, Green was sentenced to 30 years imprisonment on April 4, for a separate armed bank robbery at the Fulton Bank in Etters, Pennsylvania.
Green will serve a total of 117 years and 10 months in prison.
According to United States Attorney Peter J. Smith, on November 14, 2007, Green, and co-defendants, Nijul Alexander, Jami Shabazz and Jamael Stubbs robbed the Sovereign Bank, 1442 Bannister Street, York, PA. On September 20, 2007, Green and Alexander robbed the Heritage Valley Credit Union, 777 Kings Mill Road, York, PA; and on December 6, 2007, Green and Alexander also robbed the Sovereign Bank, 519 South 29th Street, Harrisburg, PA. Each bank was robbed at gunpoint.
In January 2012, the four defendants were indicted. Alexander and Shabazz both pleaded guilty and are awaiting sentencing. In January 2013, a jury returned a guilty verdict against Green and Stubbs on armed robbery charges.
Stubbs was also sentenced Wednesday to a 154 month term of imprisonment, three years of supervised release and ordered to pay a $2,000 fine.
The case was investigated by the Federal Bureau of Investigation, Capital City Safe Streets Task Force; the Pennsylvania State Police; and the West Manchester, Spring Garden and Harrisburg City Police Departments. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.Statement of United States Attorney Peter Smith Concerning the Decision of the United States Court of Appeals for the Third Circuit in the Case OfRead the Press Release
United States Of America V. Anthony Munchak And Robert CordaroToday the Court of Appeals affirmed the convictions of former Lackawanna County Commissioners Cordaro and Munchak. The Court also upheld the enhancement of Munchak’s sentence for obstruction of justice. The Court rejected Cordaro’s arguments that the indictment failed to allege essential elements and that the government had conducted an improper cross examination of the defendant at trial.
The government’s position is and always has been, that the only improper conduct here was that of Cordaro and Munchak while they were public officials.The Court remanded a portion of the case to the District Court to resolve a question concerning part of the restitution Cordaro was ordered to pay. We are reviewing the Court’s Order to determine the government’s response.
The investigation and prosecution were conducted with skill and dedication by a team of agents from the FBI and IRS-Criminal Investigations and Assistant United States Attorneys Lorna Graham, Bruce Brandler and William Houser, assisted by Criminal Division Chief Christian Fisanick and Criminal Division Appeals Chief Stephen Cerutti.
Overall the verdict of the jury, the sentences and the judgments of the Courts constitute a strong condemnation of the corrupt abuse of power by Munchak and Cordaro. Hopefully they will serve as a strong and lasting warning to others.
****Luzerne County Men Plead Guilty to Federal Drug Trafficking OffenseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Estock, age 37, and Frank Suriano, age 44, both of Pittston, Pennsylvania, have pleaded guilty to the charge of conspiracy to distribute more than 500 grams of cocaine. Suriano pleaded guilty Tuesday and Estock pleaded guilty today before Senior United States District Court Judge Edwin M. Kosik.
According to United States Attorney Peter J. Smith, the charges and guilty pleas are part of a continuing investigation into a Pittston area drug ring by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Pennsylvania Attorney General’s Office. The charging documents in this case alleged that Suriano and Estock were part of a scheme to obtain cocaine in New York City transportation and sale in the Luzerne County.
The sentences following these guilty pleas will be 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 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Assistant United States Attorney John Gurganus is prosecuting the case.
Jewelry Store Robber Pleads Guilty in Federal CourtRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Huby Ramkissoon, age 37, of New York, New York, pleaded guilty today to the May 14, 2008 robbery of Dunay Jewelers, Wilkes-Barre, Pennsylvania, before Senior United States District Court Judge James M. Munley.
According to United States Attorney Peter J. Smith, the charges and guilty plea are part of a continuing investigation into a 2008 scheme to rob Luzerne County jewelry stores. To date, four other individuals have been charged in connection with that scheme in either federal or state court. Devon Nash and Jerry Smith were charged and convicted in federal court in connection with the May 5, 2008 robbery of the Steve Hydock Diamonds in Kingston, Pennsylvania. Jerry Smith and Jason Soto were charged and convicted in connection with the May 14, 2008 robbery of Dunay Jewelers, a jewelry store located in Wilkes-Barre, Pennsylvania. Smith was convicted in federal court, and Soto was convicted in state court. Finally, Kirk Robinson was recently charged by the federal grand jury with conspiracy to use firearms in connection with both robberies and is pending trial on the charges.
Huby Ramkissoon was originally charged by a Complaint in 2008 by the Wilkes-Barre Police for the robbery. At the time the Complaint was filed in 2008, Ramkissoon was a fugitive. On October 16, 2012, a federal grand jury in Scranton returned an Indictment against Ramkissoon charging him with the robbery scheme.
On December 18, 2012, Special Agents of the Federal Bureau of Investigation located and arrested Ramkissoon in New York City.
Today, Ramkissoon pleaded guilty to two counts associated with the Dunay Jewelers robbery; (1) interference with commerce by robbery; and (2) using and brandishing a firearm in furtherance of the robbery.
The sentence following this guilty plea will be 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, 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.
Assistant United States Attorney John Gurganus is prosecuting the case.
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 Carbon County woman was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 60 months in prison on the charge of conspiracy to distribute cocaine.
According to United States Attorney Peter J. Smith, Bonnie Vosburgh, age 23, of Nesquehoning, Carbon County, previously admitted to participating in a conspiracy to distribute crack cocaine and powder cocaine in the Carbon County area between January of 2011 and December of 2012.
In addition to the prison term, Senior Judge Kosik also ordered that Vosburgh be supervised by a probation officer for four years following her prison sentence.
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.
U.S. Court of Appeals Upholds Ciavarella’s Conviction and SentenceRead the Press Release
A three member panel of the United States Third Circuit Court of Appeals in Philadelphia has unanimously upheld the conviction and 28 year sentence of the former state court judge Mark Ciavarella.
Ciavarella was found guilty after an 11 day jury trial in February 2011. In August 2011 Senior U.S. District Court Judge Edwin M. Kosik sentenced Ciavarella to 336 months (28 years)imprisonment and ordered restitution be paid in the amount of $965,930 to the Commonwealth of Pennsylvania and $207,861 in restitution related to the tax charges. The Court of Appeals ruling agreed with the Government’s position in the appeal and upheld all of the charges on which Ciavarella was convicted with the exception of one mail fraud count.
The Court of Appeals found that one count of the Indictment should be dismissed because the statute of limitation had run on the offense. However, the Court rejected Ciavarella’s attorneys’ arguments that the trial judge was biased, had made incorrect rulings on evidence and had imposed an unreasonable sentence.
According to United States Attorney Peter J. Smith the dismissal of the count has no effect on the sentence, restitution or the trial jury’s findings that Ciavarella was guilty of racketeering, conspiracy and mail fraud.
Mr. Smith expressed his thanks to the investigators and prosecutors in the case. He praised Senior Litigation Counsel Gordon Zubrod, who argued the case for the Government on appeal and led the Government’s trial team, as well as the work of the team and the staff of the Scranton FBI and IRS offices. Smith said all of them did a tremendous job despite complex and challenging legal and factual issues. He noted that they carried out this project for over five years during the administration of three United States Attorneys.
Ciavarella and his co-defendant, Michael Conahan, who also served as President Judge of the Court of Common Pleas of Luzerne County, were initially charged in January 2009. The charges were the result of a federal investigation of alleged corruption in the Luzerne County court system. The inquiry began in 2007 and expanded to include county government offices, state legislators, school districts and contractors in Northeastern Pennsylvania. Conahan pleaded guilty to racketeering conspiracy in April 2010 and is serving a 17 year sentence.
The case was investigated by the agents of the Internal Revenue Service, Criminal Investigations and Federal Bureau of Investigation's Scranton office. Overall, 30 local or state government officials and contractors were convicted.
The judicial scandal, described as the worst in Pennsylvania's history, and the federal prosecutions have had major consequences: Ciavarella and Conahan resigned from the bench in 2009. The Supreme Court of Pennsylvania vacated thousands of juvenile convictions in Luzerne County as a result of Ciavarella's conduct as a Juvenile Court Judge. A State Interbranch Commission on Juvenile Justice recommended changes aimed at safeguarding the constitutional rights of juveniles and improving the oversight and disciplinary process for judges in Pennsylvania. In June 2011, a committee of the American Bar Association reviewed and made recommendations to improve procedures in the state's Judicial Conduct Board. A procedure was established in Luzerne County for compensation of victims of the activities of Ciavarella and Conahan.
The prosecution was conducted by a team consisting of Senor Litigation Counsel Gordon Zubrod, Assistant United States Attorneys William S. Houser, Michael A. Consiglio, and Amy Phillips, with the assistance of Criminal Division Chief Christian A. Fisanick and Criminal Appeal Chief Stephen Cerutti.
The federal investigation, the largest and the most sustained political corruption inquiry in the history of the Middle District of Pennsylvania, was initiated under the direction of Former United States Attorney Martin C. Carlson, now a United States Magistrate Judge in the Middle District, and continued under Dennis C. Pfannenschmidt, who succeeded Carlson as court-appointed United States Attorney in 2009.
Ciavarella and Conahan were originally charged with honest services mail and wire fraud and tax fraud in connection with the use of privately owned juvenile detention facilities. Both defendants agreed to plead guilty. In July 2009, Judge Kosik rejected the proposed plea agreements because the defendants did not appear to accept responsibility for their conduct.
In September 2009 and September 2010, a Grand Jury returned superseding indictments charging both defendants with racketeering, honest services mail fraud, money laundering, extortion, bribery, tax violations and conspiracy. The government also sought the forfeiture of approximately $2.8 million in assets allegedly acquired by the defendants through racketeering and money laundering. In response to the United States Supreme Court's 2010 decision in United States v. Skilling, the 2010 Indictment specifically charged that bribes and kickbacks were paid to the defendants.
After an 11 day trial in Scranton in February 2011, a jury found Ciavarella guilty on 12 of 39 counts: racketeering, racketeering conspiracy, money laundering conspiracy, conspiracy to defraud the United States, four counts of honest services mail fraud and four counts of filing false income tax returns. The jury also found that Ciavarella should forfeit $997,600, the sum he received from Robert Mericle, the developer who built the juvenile detention facilities.
Convicted Bank Robber Indicted on Federal Escape ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a grand jury in Williamsport has returned a one-count indictment today charging a convicted bank robber with escaping from federal custody while serving his federal bank robbery sentence.
According to United States Attorney Peter J. Smith, Daniel Warren Gaudio, age 56, formerly of California, is charged with escape from the Capital Pavilion Residential Reentry Center in Harrisburg, Pennsylvania on March 9, 2013. At the time of the escape, Gaudio was serving a sentence of 110 months for robbing the Sovereign Bank Branch in Lewisburg, Pennsylvania on May 9, 2005, transporting a Ford pick-up truck stolen in Las Vegas, Nevada and used in the bank robbery, and robbing another bank in Kentucky.
On March 12, 2013, the United States Marshals obtained a criminal complaint and warrant for Gaudio’s arrest on the escape charge.
On April 19, 2013, Gaudio was apprehended in Venice, California in connection with new bank robbery charges. According to a federal criminal complaint filed in Los Angeles on April 22, 2013, Gaudio allegedly robbed a USBANK branch in Manhattan Beach, California.
The case was investigated by the United States Marshals Service. Prosecution of this matter has been assigned to Assistant United States Attorney George J. Rocktashel, in coordination with the U.S. Attorney’s Office in Los Angeles.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Indictment Charging Eight York City Men Affilliated with the Latin Kings Street Gang with Drug Trafficking UnsealedRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced the unsealing of an indictment returned by a federal grand jury in Harrisburg on April 17 charging eight men affiliated with the Latin Kings street gang for drug trafficking in York City. The indictment was unsealed today following the arrests and initial appearances.
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, 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 affiliated with the Latin Kings street gang. That investigation resulted in the arrest of dozens of individuals in a sweep that began on February 6, 2013, in York County.
The United States Attorney’s Office indicted the following individuals for their role in this larger drug trafficking conspiracy: 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.
An indictment of August Ranalli was originally returned on December 12, 2012, in which he was charged with crack cocaine distribution. This superseding indictment, which was returned on April 17, 2013, expanded the time period of the drug trafficking activities, included heroin and cocaine, as well as charging seven other co-conspirators.
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 defendants and a term of supervised release following imprisonment and a fine. Each defendant also faces a mandatory minimum period of incarceration of ten years. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
* * * *Scranton Man Sentenced for Online Enticement of MinorRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 46-year-old Scranton resident was sentenced today by Senior U.S. District Court Judge A. Richard Caputo in Scranton to 70 months in prison for attempting to entice a minor to engage in illegal sexual conduct.
According to United States Attorney Peter J. Smith, the defendant Lewis John Davies previously admitted to using a computer to attempt to persuade a minor to engage in sexual acts with him during April-June 2008.
Davies was indicted by a federal grand jury in June 2008, as a result of an investigation by the Federal Bureau of Investigation and the Scranton Police Department.
Judge Caputo also ordered Davies to serve six years on supervised release after serving his prison sentence, pay a $100 special assessment, and forfeit several computer hard drives that were seized by agents during the investigation.
Davies was also ordered to undergo sex offender treatment and to comply with sex offender registration and notification requirements.
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.
Mexican Citizen Encountered in Cumberland County 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, Immigrations and Customs Enforcement, announced that a
34-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, Patricio Pedraza-Montes, age 34, 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 Pedraza-Montes, an alien who has previously been arrested, and deported from the United States on August 5, 2003, did knowingly and unlawfully reenter the United States and was apprehended in Cumberland County, Pennsylvania.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement and is being prosecuted by Special Assistant United States Attorney Alice Song Hartye.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular 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.
Jury Convicts Two Harrisburg Men of Cocaine TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that two Harrisburg men were convicted by a federal jury for conspiracy and distribution of cocaine and crack cocaine.
According to United States Attorney Peter J. Smith, on May 8, following a two-day trial before Senior U.S. District Court Judge William Caldwell in Harrisburg, the jury returned a verdict of guilty on all counts against Dawan Maynard, age 41, and Michael Morris, age 46. A sentencing date has not been scheduled.
Following the verdict, the defendants filed a motion to correct the verdict and interview the jurors relating to the amount of drugs and when they were distributed. On Tuesday, May 14, Judge Caldwell denied the defendant’s motion.
Maynard, Morris and a third man, Corry Matthews, were indicted in October 2012 after a three-year investigation spearheaded by the Drug Enforcement Administration in conjunction with the Dauphin County Drug Task Force.
The evidence showed that the three defendants were involved in a violent drug trafficking enterprise from 2009 through 2012 in Dauphin County which distributed and possessed 500 grams of cocaine and crack cocaine. Maynard and his co-conspirators also used threats of violence and intimidation to acquire cocaine from other area drug traffickers.
Matthews pleaded guilty in January 2013 and is awaiting sentencing.
The case is part of an on-going coordinated effort by multiple law enforcement agencies including the Dauphin County Criminal Investigation Division, Middletown Bureau Police Department, Lower Paxton Township Police Department, the Harrisburg Bureau of Police, and the Pennsylvania State Police. The case is being prosecuted by Assistant United States Attorney Michael 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 forty years imprisonment for the defendants and a term of supervised release following imprisonment and a fine. Each defendant also faces a mandatory minimum period of incarceration of five years.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
* * * *Pike County Man Charged with Receiving and Distributing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 49-year-old Dingmans Ferry resident was indicted Tuesday by a federal grand jury in Scranton for receiving and distributing child pornography.
According to United States Attorney Peter J. Smith, Richard A. Lewis, is charged with using a computer between January and May of 2013, to receive and distribute child pornography.
The indictment of Lewis stems from an investigation by special agents of Homeland Security Investigations and Provincial Police from Ontario, Canada.
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 is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the mandatory minimum penalty under the federal statute is 15 years’ imprisonment. The maximum penalty is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Pennsylvania Inmate Sentenced to Life in Prison for Violent Murder of Fellow InmateRead the Press Release
A federal inmate was sentenced today to life in prison for the violent murder of a fellow inmate in Pennsylvania’s Allenwood Correctional Complex, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney for the Middle District of Pennsylvania Peter J. Smith.
Ritz D. Williams Jr., 32, of Gila River Indian Reservation, Sacaton, Ariz., pleaded guilty to one count of first degree murder and possession of a weapon on April 15, 2013. U.S. District Court Judge Yvette Kane sentenced Williams to life without the possibility of parole on May 15, 2013, for his role in the murder of fellow inmate Alvin Allery.
Williams and his co-conspirator Shawn Cooya were indicted by a federal grand jury in February 2008 and a superseding indictment was returned in July 2009.
According to court documents, Williams and Cooya aided each other in the premeditated murder of Allery. On Sept. 28, 2005, Williams and Cooya stabbed Allery 10 times with a homemade knife and repeatedly kicked him in the head and torso, which resulted in Allery’s death.
On Jan. 8, 2013, Cooya pleaded guilty to one count of first degree murder and was sentenced to serve life in prison on March 18, 2013.
The case was investigated by the Bureau of Prisons and the FBI. The case was prosecuted by Assistant U.S. Attorneys Wayne P. Samuelson and Michelle Olshefski of the Middle District of Pennsylvania, Trial Attorneys Julie B. Mosley and Mike Warbel of the Criminal Division’s Capital Case Unit, and Assistant U.S. Attorney C.J. Williams of the Northern District of Iowa and formerly with the Capital Case Unit.
Luzerne County Man Charged with Jewelry Store Robberies, Bank Robbery and Insurance FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kirk Robinson, age 45, of Wilkes-Barre, Pennsylvania, was charged by a federal grand jury in Scranton Tuesday, with allegedly being involved in two Luzerne County jewelry store robberies, a bank robbery, as well as, an insurance fraud scheme.
According to United States Attorney Peter J. Smith, Robinson allegedly conspired with others to carry firearms in connection with the robbery of Steve Hydock Diamonds Jewelry store, Kingston, Pennsylvania, on May 5, 2008 and Dunay Jewelry store, Wilkes-Barre, Pennsylvania, on May 14, 2008. He was also charged with the involvement in an armed $17,000 bank robbery of the M&T Bank, Hanover Township, occurring on October 30, 2010. The indictment alleges that Robinson acted as a planner and getaway driver in those robberies. Additionally, the Grand Jury charged Robinson with a mail fraud scheme involving a fake jewelry robbery staged to fraudulently obtain $43,000 from an insurance company in 2009.
The case was investigated by the FBI, and the Kingston, Hanover Township and Wilkes-Barre Police Departments. Prosecution has been assigned to Assistant United States Attorney John C. Gurganus.Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is 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.
Former Wilkes-Barre, PA. Football Coach Sentenced to 25 Years for Producing Child Pornography, Interstate Extortion and Cyber StalkingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that the former football coach of Holy Redeemer High School in Wilkes-Barre was sentenced today to serve 25 years in prison by Senior United States District Court Judge Edwin M. Kosik for producing and attempting to produce child pornography, interstate extortion, and cyber stalking.
According to United States Attorney Peter J. Smith, the defendant Joseph J. Ostrowski, previously pleaded guilty to persuading and enticing, and attempting to persuade and entice, minors to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, including live transmissions via webcam, and using the internet to extort and attempt to extort additional nude photographs, images and live transmissions of sexual conduct from his victims.
Ostrowski was indicted by a federal grand jury in Scranton in May 2012 and taken into custody. He was later indicted for cyber stalking by a federal grand jury in the Western District of Michigan. That case was transferred to the Middle District of Pennsylvania for prosecution. The United States Attorney’s Office for the Middle District of Pennsylvania subsequently filed a superseding Information against Ostrowski.
According to a summary of the Government’s evidence presented at the guilty plea hearing by Assistant United States Attorney Francis P. Sempa, Ostrowski’s production and attempted production of child pornography, interstate extortion activities and cyber stalking occurred during 2006 through May 2012, and involved victims in Pennsylvania, New York, North Carolina, California, Texas, Florida, New Jersey, Michigan, Ohio, Virginia, Minnesota, Indiana, Alabama, and Maryland. Some victims were adults; some were minors; they included students who participated in athletic programs. Ostrowski admitted that he frequently posed as students, school alumni, and other persons and used Facebook, Skype, e-mail, instant messaging, and cellular text messaging to commit the crimes.At the sentencing hearing today, the Government noted that Ostrowski victimized or attempted to victimize more than 60 people, used deception to compromise the Facebook and other online identities of people, and in some instances took advantage of the trust that athletes placed in him. Ostrowski was described by the Government as “the very definition of an online predator.”
Ostrowski’s charges resulted from an investigation by the Federal Bureau of Investigation in Scranton and Michigan and the Michigan State University Police.
Judge Kosik also ordered that Ostrowski be placed on supervised release for life following his prison sentence, pay a $1500 fine, and a $300 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."
Drug Trafficking Conspirator Sentenced to Life in PrisonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Bethlehem man who participated in a Carbon County-based drug trafficking conspiracy, was sentenced today to serve life in prison by Senior United States District Court Judge James M. Munley.
According to United States Attorney Peter J. Smith, the defendant Krishna Mote, age 43, was convicted after a three-day jury trial in December 2012 of conspiracy to distribute more than 280 grams of crack cocaine and more than 500 grams of cocaine, and distribution of crack cocaine as an aider and abettor.
Mote was indicted by a federal grand jury in June 2011, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police in Carbon County. The drug conspiracy operated in the Lehighton and Weissport area from late 2005 through April 2007. Evidence presented at trial proved that Mote and his co-conspirators used the residences of several local drug users to distribute crack cocaine and cocaine to numerous customers.
The court noted that Mote’s two prior drug trafficking convictions triggered a federal statute that mandated the imposition of a life sentence. Judge Munley also ordered that Mote pay a $200 special assessment.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Philadelphia Man Pleads Guilty to Forging Federal Judge’s Signature to Escape from PrisonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin William Small, age 50, pleaded guilty today in Harrisburg before United States District Court Judge Gene E.K. Pratter to mail fraud, escape, forging judicial signatures, use of a counterfeit seal and possession of a counterfeit seal. A sentencing date has not been scheduled.
According to United States Attorney Peter J. Smith, in 2007, Small was convicted of four counts of filing false tax claims following a week-long trial before District Court Judge Christopher C. Conner. Evidence presented during the trial showed that Small was a long-term state prisoner who for at least four years had filed for an income tax refund claiming that he was due a substantial tax refund. Trial evidence from 2007 also established that Small created documents to substantiate his fictitious employment and opened fraudulent bank accounts to receive the tax refunds.
Judge Conner sentenced Small to serve 135 months in federal prison and directed that he begin serving this sentence after he finished serving his state sentence at Huntingdon State Prison. Small’s conviction and sentence were affirmed by appellate courts following two rounds of appeals.Small’s state sentence expired on January 5, 2012 and he was scheduled to be turned over to federal prison authorities on that day. However, state prison officials had received a document that purported to be signed and sealed by Judge Conner and the Clerk of Courts for the Middle District of Pennsylvania that stated that Small’s federal conviction had been vacated. As a result, Small was released on that day rather than being turned over to federal prison authorities to begin serving his federal sentence.
The escape was discovered when a federal agent called the state prison on another matter on March 8, inquired about Small, and learned that Small had been released to the street on January 5, 2012.
Small was located by the U.S. Marshals Service and arrested in a residence in Philadelphia on March 5, 2012. Many documents that appeared to be forged or fraudulent were seized from the residence at the time of his arrest, including partially-prepared court documents that purportedly freed other state prisoners.
Small was indicted on the most recent charges in March 2012. A superseding indictment was returned in December 2012. Judge Pratter, a federal Judge in the Eastern District of Pennsylvania, was assigned to the case because the defendant’s conduct involved forgery of the signature of a federal Judge in the Middle District of Pennsylvania.
This case was investigated by the United States Marshals Service, the Federal Bureau of Investigation, and the Internal Revenue Service Criminal Investigations and is assigned to Assistant U.S. Attorney Christy H. Fawcett.
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 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Nesspor Pleads Guilty to Oxycontin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 54-year-old West Lawn, Pennsylvania resident pleaded guilty today in Scranton before Senior U.S. District Court Judge Edwin M. Kosik to participating in an Oxycontin trafficking conspiracy that operated in Schuylkill and Berks County in 2011.
According to United States Attorney Peter J. Smith, Stephen Nesspor admitted to conspiring with at least two others to unlawfully distribute 80mg Oxycontin pills.
Nesspor was indicted by a federal grand jury in September 2011, as a result of an investigation by the Drug Enforcement Administration and the Pennsylvania State Police.
Judge Kosik ordered a pre-sentence investigation report to be completed. Nesspor faces up to 20 years in prison and a $1 million fine. No date was set for sentencing.
Two of Nesspor’s co-defendants previously entered guilty pleas in the case. Richard Law was sentenced to 15 months in prison. Michael Beaver pleaded guilty and is awaiting sentencing.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Members of Bloods Gang Plead Guilty to Federal Drug Trafficking ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that three members of the Pennsylvania branch of the Almighty Renegade Gangsta (“ARG”) Bloods gang who were involved in the distribution of heroin, crack cocaine and marijuana in Columbia, Northumberland, and Luzerne Counties pleaded guilty today in federal court in Williamsport before U.S. District Court Judge Christopher C. Conner.
Renard Durant, a/k/a “Black” and “SB,” age 27, of Bloomsburg, Shelton Cochrane, II, a/k/a “Sett,” age 37, of Mt. Carmel, and Gilberto Lanzot, Jr., a/k/a “Pops,” age 32, of Wilkes-Barre, each pleaded guilty to conspiracy to distribute heroin, crack cocaine, and marijuana. Sentencing has been scheduled for August 19, 2013.
According to United States Attorney Peter J. Smith, Durant and Jeffrey Tripp were initially indicted in June 2012 on charges of distribution of heroin, crack cocaine, and marijuana in Northumberland and Columbia Counties.
In December 2012, a superseding indictment was returned charging Cochrane and Lanzot for their involvement. A second superseding indictment was returned in March 2013.
Durant, Cochrane, and Lanzot occupied positions of leadership within the Pennsylvania branch of the “ARG” Bloods operating in Columbia, Northumberland, and Luzerne Counties, Pennsylvania. Durant served as the leader of the local ARG Bloods, managing a network of approximately 10-15 gang members which included Cochrane, Lanzot, and Tripp, who distributed heroin, crack cocaine, and marijuana from various suppliers in Hazleton, Pennsylvania and New York. From July 2011 through 2013, Durant agreed with Cochrane, Lanzot, and Tripp to distribute and to possess with intent to distribute 100 grams of heroin and 112 grams of crack cocaine.
Co-defendant Jeffrey Tripp pleaded guilty in December 2012 and is scheduled for sentencing on June 11, 2013.
The case was investigated by the Pennsylvania State Police, the Columbia County Drug Task Force, and the Federal Bureau of Investigation. Prosecution of this matter has been assigned to 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 particular case, the maximum penalty under the federal statute for each defendant is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Mount Holly Springs Man Pleads Guilty to Distributing Drug That Resulted in DeathRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Mount Holly Springs man pled guilty in United States District Court in Harrisburg Thursday to distributing heroin that resulted in the death of a Carlisle area man.
According to United States Attorney Peter J. Smith, Derk Roberts, age 29, of Mount Holly Springs, pled guilty before Senior U.S. District Court Judge William W. Caldwell in Harrisburg to a charge of unlawfully distributing heroin in the Cumberland County area during the period of time beginning in January of 2010 until February 9, 2011. The heroin distributed by Roberts caused the death of Joshua Michael Hamman, age 27, of Carlisle.
The evidence presented in court established that on February 4, 2011 at approximately 3:25 p.m. a worker at the PPG glass manufacturing facility in South Middleton Township, Cumberland County, found Hamman unconscious on the floor of a bathroom stall in the locker room/bathroom of the plant. Hamman had injected heroin and passed out. Facility staff administered CPR to Hamman until EMS personnel arrived and transported him to the Carlisle Regional Medical Center. Hamman was admitted to the ICU where on February 8, 2011 Hamman was taken off of life support and subsequently died at 8:15 pm that day.
The Pennsylvania State Police and the Federal Bureau of Investigation conducted an investigation that established that Hamman had been in touch with Roberts the morning of February 4, 2011 via cell phone text messages. Hamman was asking the defendant if he could get heroin from Roberts later in the day. During the next few hours Hamman and Roberts exchanged text messages in which it was discussed that Roberts would be getting heroin in Maryland and would deliver it to Hamman at the PPG facility. At around 2:42 in the afternoon that day Roberts met Hamman in the PPG parking lot and provided him with several packets of heroin and then left. Hamman went back into work and into the bathroom stall where he injected the heroin and passed out. The autopsy determined that Hamman died as a result of opiate toxicity.
Roberts was later interviewed by agents with the FBI and state police and admitted that he in fact sold Hamman the heroin on February 4, 2011. Roberts admitted that he had been selling heroin for about a year before he sold the heroin that led to Hamman’s death.
Roberts entered into a plea agreement with the United States which, if accepted by the court, requires the court to impose a sentence of no less than 6 years nor more than 8 years imprisonment. Roberts also faces a fine of up to $1 million dollars and a supervised release term of no less than three years. A sentencing date has not been scheduled.
The matter was investigated by the Federal Bureau of Investigation, Pennsylvania States Police and the Cumberland County Drug Task Force.
The case was prosecuted by Assistant United States Attorney William A. Behe who is assigned to the Organized Crime Drug Enforcement Task Force.
Danville Man Convicted of Conspiracy to Commit MoneyRead the Press Release
Laundering And Harboring, Transporting, And Employing Illegal Aliens
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Wally Nguyen, age 48, of Danville was convicted yesterday in federal court for conspiracy to commit money laundering and to harbor, transport, and employ illegal aliens, as well as separate counts of transporting illegal aliens, harboring illegal aliens, and aiding and abetting the unlawful employment of illegal aliens. The offenses of conviction were committed from January 2004 through January 2008.
The jury also returned a special verdict ordering Wally Nguyen to forfeit $50,000 to the United States, as well as two properties located in Danville that were used to facilitate the crimes.
The indictment charged that Wally Nguyen engaged in a conspiracy whereby his conduct acted to promote and conceal the profits of the underlying criminal activity. That underlying criminal activity involved the operation of a temporary employment agency known as “H&T” which recruited, employed, transported, and harbored an illegal work force. “H&T” provided hundreds of illegal temporary employees to various businesses throughout the Middle District of Pennsylvania over a period of several years. In furtherance of the conspiracy, Nguyen knowingly provided housing and transportation for the illegal workers and paid the illegal work force in cash on a weekly basis. H also engaged in a scheme to defraud the Commonwealth of Pennsylvania and the United States Government of revenue. The scheme included the filing of false Pennsylvania tax documents and the avoidance of reporting requirements.
Wally Nguyen faces a statutory maximum term of 25 years and fines in the amount of $750,000. A sentencing date has not been scheduled.
The charges resulted from a joint investigation by the U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI), United States Department of Labor, United States Department of Health and Human Services - Office of the Inspector General, and the Pennsylvania State Police.
The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
Dunmore Tax Return Preparer Pleads Guilty to Tax EvasionRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dominick J. Muracco, Jr., age 60, of Scranton, Pennsylvania, pled guilty in federal court in Wilkes-Barre before Senior U.S. District Judge A. Richard Caputo to attempted income tax evasion regarding his 2008 federal income tax return. Sentencing was scheduled for August 15, 2013.
According to United States Attorney Peter J. Smith, Muracco previously operated a business in Dunmore, Pennsylvania known as Automated Payroll and Tax Service (“APTS”) which prepared tax returns and represented taxpayers before the IRS. Muracco admitted today that he filed a false income tax return for 2008 which omitted over $125,000 in taxable income and over $31,000 in tax. Muracco also admitted that for the years 2006, 2007, 2008 and 2009, he under-reported his income by over $276,000 and his tax by over $63,000. The unreported income came primarily from fees that Muracco charged APTS clients for tax program services.
The case was investigated by the Criminal Investigation Division of the IRS and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.
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, restitution 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 York Man Charged with Allegedly Transporting Minor with Intent to Engage in Sexual ConductRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Trevorn Renel Parkins, age 21, of Buffalo, New York, was indicted today by a federal grand jury in Harrisburg charging him with the transportation of minors and traveling with intent to engage in illicit sexual conduct.
The case is being investigated by the Federal Bureau of Investigation, Pennsylvania State Police, the Buffalo City Police and the Buffalo District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular 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.
Harrisburg Ambulance Company Pleads Guilty to Submitting False Statements to MedicareRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg-based ambulance company has pleaded guilty to multiple False Statement charges related to Medicare fraud.
Advantage Medical Transport, Inc, headquartered at 733 Fire House Lane, Harrisburg, pleaded guilty before U.S. District Court Judge Christopher C. Conner today to 14 Counts of False Statements in Health Care Matters, 18 USC 1035. Each Count is punishable by up to as much as a $500,000 fine. Serge Sivchuk, age 27, the sole owner of Advantage, appeared in court and entered the guilty pleas on behalf of the Corporation. The Government estimated the total loss to Medicare as a result of the fraud was approximately $740,000.
According to U.S. Attorney Peter J. Smith, Sivchuk and Advantage were indicted in January 2012 on multiple False Statement and Medicare Fraud charges. The Indictment alleged that between January of 2009 and June of 2011 Sivchuk and Advantage perpetrated a scheme to defraud Medicare by submitting hundreds of claims for the nonemergency transport of Medicare beneficiaries to and from dialysis treatment centers. The Indictment alleged the claims were fraudulent because the patients were ambulatory and the ambulance transports were not medically necessary.
The Indictment focused on an August 2010 audit conducted by Medicare and a June 2, 2011 search of Advantage’s business premises by federal law enforcement officers. In response to the audit Sivchuk submitted 14 ambulance Trip Sheets to Medicare that were prepared by Emergency Medical Technicians (EMTs) at the time of each ambulance transport. The Trip Sheets contained a narrative section that described the patient’s physical condition and ability to ambulate, and serve as the primary support document for each Medicare billed, ambulance transport claim. The June 2, 2011 search by the FBI and investigators from the Health and Human Services (HHS) Inspector General’s Office revealed Sivchuk did not submit the original trip sheets to the auditors but instead submitted copies that had been re-written and forged to conceal the fact the beneficiaries were ambulatory and capable of walking and standing.
During a February 22, 2013 court appearance before Judge Connor, Sivchuk plead guilty to one of the 14 False Statement Counts for which he was indicted, admitting he directed a subordinate to re-write and forge the signatures of two EMTs on a Trip Sheet pertaining to the ambulance transport of a dialysis treatment beneficiary on August 19, 2010. Sivchuk is currently awaiting sentencing and the completion of a pre-sentence report.Medicare paid Advantage approximately $166 for each leg of a transport to and from a dialysis treatment center, plus $5.49 per mile. Many dialysis patients underwent 3 treatments per week. Thus, one week’s transport of just one dialysis patient would yield Advantage more than $1,000.
Under the terms of Advantage’s plea agreement Judge Conner will determine the overall loss to Medicare. During the guilty plea proceeding Assistant U.S. Attorney Kim Douglas Daniel told the Court the government intends to show during the loss hearing that the total loss to Medicare was approximately $740,000. Daniel also noted that at the time the investigators executed the June 2, 2011 search warrant, the U.S. Attorney’s Office filed a civil action in federal court that froze more than $936,000 in Advantage and Sivchuk controlled bank accounts.
The case is part of a priority program within the U.S. Department of Justice and the U.S. Attorney’s Office focusing on Health Care Fraud and a joint investigation by the FBI and the HHS-Office of Inspector General. Anyone with information concerning suspected health care fraud should contact the FBI at 717-232-8686.
Financial Consultant Charged with FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of criminal charges Tuesday against August John Stile, Jr. age 49, of Hughestown, Pennsylvania.
According to United States Attorney Peter J. Smith, the Criminal Information alleges that between 2007 and January 2011, Stile devised and executed a scheme to defraud private investors of money by fraudulently offering short term investment opportunities based upon a promise of a return of the investment with substantial interest in less than 90 days. Stile allegedly defrauded the investors of approximately $310,000.
Stile was allegedly the purported Vice President of JFC Group and the President of Stile Consulting. JFC Group had an office in Dickson City, Pennsylvania, and Stile Consulting had its office in Exeter, Pennsylvania.
The case was investigated by the Federal Bureau of Investigation. Prosecution has been assigned to Assistant United States Attorney John Gurganus.Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is 140 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.
Mechanicsburg Man Pleads Guilty to Tax EvasionRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Thomas C. Holloway, age 46, of Mechanicsburg, Pennsylvania, pleaded guilty today before U.S. District Court Judge Christopher C. Conner to attempted income tax evasion for 2008. Sentencing has been scheduled for August 8, 2013.
According to United States Attorney Peter J. Smith, Holloway previously was employed by Spherion (an IT firm based in Mechanicsburg and formerly known as Intellimark and Technisource) between 2001 and 2009 and embezzled company funds which were not reported on his income tax returns. Holloway previously was charged by local authorities with theft by deception in connection with the embezzlements and was sentenced in 2010 in state court to probation and ordered to pay $125,000 in restitution to Spherion. The current tax charges allege that the tax loss to the IRS was $80,000 for the years 2003-2009.
The case was investigated by the Criminal Investigation Division of the IRS and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.
A sentencing 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.
United States Seeks Injunction Against Alleged Fraudulent State License FeesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that it has filed a civil complaint seeking a permanent injunction against an operator of an alleged fraudulent mailing scheme directed at Pennsylvania corporations and corporations in other states. It has been assigned to U.S. District Court Judge Sylvia H. Rambo.
The civil complaint filed on April 29, 2013, alleges that Aaron Williams, of Playa Vista, CA, doing business as Pennsylvania Corporate Compliance (PCC), sent on March 22, 2013, 5,312 pieces of mail to Pennsylvania businesses. The mailings urged the businesses to file information and send payment of $125.00 by April 5, 2013 to maintain proper records.
According to United States Attorney Peter J. Smith, the mailings included one page of instructions to complete an annual disclosure statement form, a one page annual meeting disclosure statement with a request reply by April 5, 2013, and a return envelope directing the mail to PCC with a mailing address of 4075 Linglestown Road #120, Harrisburg PA.
The annual disclosure statement stated “failure to comply with certain requirements could cause your corporation to lose its limited liability status . . . . Companies that do not satisfy certain state requirements may forfeit the limited liability protection provided to owners, and could face administrative dissolution or revocation of the entity status by that state should the integrity of the corporation become questionable.” Additionally, the annual disclosure statement provides that PCC “assist[s] corporations to avoid potential non-compliance with the [Pennsylvania Business Code] of maintaining Annual Meeting Minutes.”
Businesses receiving the mailing reasonably believed that PCC is a state agency, completion and submission of the annual meeting disclosure statement is required by the Commonwealth, and they are required to pay the $125.00 fee.
In fact, corporations or limited liability companies registered with the Commonwealth of Pennsylvania are not required to file corporate or annual meeting minutes and are not required to pay the $125.00 fee.
The Pennsylvania Department of State has issued a consumer alert regarding the PCC scam on its website.
Similar mailings in other states have resulted in a cease and desist order against Williams doing business as Indiana Corporate Compliance Business Service Division, Illinois Corporate Compliance Business Services Division, and Ohio Corporate Compliance Business Services Division. The Wyoming Secretary of State has issued a cease and desist letter to Aaron Williams doing business as Wyoming Corporate Compliance.
On April 19, 2013, 3,450 pieces of mail were presented on behalf of Rhode Island Corporate Compliance, 68 Dorrance St. STE 119, Providence, RI 02903-2210 to the United States Postal Service. These mailings are also believed to be part of Williams’ fraudulent scheme.
Williams’ continued misrepresentations and misuse of the mail are not in the public interest and undermine the State’s ability to collect legitimate fees. Thus, the United States Attorney’s Office has sought to permanently enjoin Williams from such fraudulent activities anywhere in the United States.
This matter is being litigated by Assistant United States Attorneys Melissa A. Swauger and Timothy S. Judge. The case stems from an investigation conducted by the Harrisburg office of the United States Postal Inspection Service.Operator of Illegal Alien Employment Business in Scranton Sentenced in Federal CourtRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an operator of an illegal alien employment business in Scranton was sentenced Thursday in federal court before Senior U.S. District Court Judge A. Richard Caputo.
Rama Putra, age 32, residing in Scranton, was sentenced to 12 months’ imprisonment. Putra also faces possible deportation.
According to United States Attorney Peter J. Smith, Putra engaged in a conspiracy to promote and conceal the profits of a temporary employment agency known as “H&Y Staffing, Inc.” operating out of a Scranton address which recruited, employed, and transported an illegal work force. “H&Y Staffing, Inc.” provided dozens of illegal temporary employees to businesses in the Scranton area over a period of several years. Putra, in furtherance of the conspiracy, allegedly provided transportation for the illegal workers, paid the illegal work force in cash on a weekly basis, and cashed checks from local businesses at check cashing services located in Philadelphia as part of the scheme to conceal and promote the underlying criminal activity.
Putra was indicted in October 2012 and pleaded guilty in January 2013 to conspiracy to commit money laundering and the employment and transportation of illegal aliens.
The case was investigated by the U.S. Department of Homeland Security - Immigration and Customs Enforcement and the Pennsylvania State Police.
Prosecution was assigned to Assistant United States Attorney Michelle Olshefski.
Nicholson Man Pleads Guilty to Producing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 33-year-old Nicholson resident pleaded guilty today before U.S. District Court Judge Robert D. Mariani to producing and attempting to produce child pornography.
According to United States Attorney Peter J. Smith, Alfred Kenvyn admitted to persuading a nine-year-old girl to engage in sexually explicit conduct on an X-box web cam session between July and September 2012, and admitted to attempting to persuade an 11-year-old girl to engage in similar conduct in early 2012.
The charge against Kenvyn resulted from an investigation by the Federal Bureau of Investigation and the Blooming Grove, New York Police Department.
Under the terms of the plea agreement that was filed in the case, prosecutors and the defendant have agreed to recommend that Kenvyn be sentenced to 13 years in prison to be followed by supervised release for life. Sentencing will take place in July 2013. Kenvyn remains in prison while awaiting sentencing.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Mexican National Sentenced on Drug ChargeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 35-year-old Mexican national who resided in the Reading area at the time of his arrest was sentenced to serve 10 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, Jose Luis Sandoval-Martinez 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. Sandoval-Martinez was indicted by a federal grand jury in November 2011, as a result of an investigation by the Drug Enforcement Administration.Judge Caputo also ordered that Sandoval-Martinez be placed on five years of supervised release after serving his prison sentence, and pay a $100 special assessment. Sandoval-Martinez also faces possible deportation as a result of his conviction.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Pittston Man Sentenced for Cocaine DistributionRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Senior United States District Court Judge Edwin M. Kosik sentenced Richard A. Burgio, age 50, of Pittston, Pennsylvania, Tuesday to 18 months’ imprisonment for distributing cocaine on numerous occasions between 2010 and April 18, 2012, in Luzerne County.
United States Attorney Peter J. Smith noted that in additional to the 18-month term of imprisonment, Judge Kosik also ordered that Burgio be placed on supervised release for a period of two years following the service of his sentence.The case was investigated by special agents of the Federal Bureau of Investigation, the Pennsylvania State Police, and the Pennsylvania Attorney General’s Office. Assistant United States Attorney John Gurganus prosecuted the case.
Additional Charges Filed in Murder-For-Hire CaseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that more charges were filed today against two men accused of participating in a murder-for-hire scheme.
According to United States Attorney Peter J. Smith, a federal grand jury returned separate superseding indictments against Edward McLaughlin, of Florida and Gary Williams, of Scranton, related to an alleged conspiracy to murder McLaughlin’s ex-wife.
One superseding indictment charges McLaughlin with conspiracy to commit a murder-for-hire; two counts of solicitation to commit a crime of violence; possessing a firearm in furtherance of a crime of violence; unlawfully shipping a firearm and ammunition as a convicted felon; unlawfully transferring a firearm to be used in a violent crime; unlawfully shipping a firearm to commit a felony offense; and unlawfully transporting a firearm in interstate commerce.
The second indictment charges Williams with conspiracy to commit a murder-for-hire; possessing a firearm in furtherance of a violent crime; receiving a firearm with the intent to commit a felony offense; unlawfully possessing a firearm as a convicted felon; and attempting to tamper with a witness.
McLaughlin was originally indicted in July 2012. The charges resulted from an investigation by the Federal Bureau of Investigation and the Scranton Police Department. The cases are assigned to Senior U.S. District Judge A. Richard Caputo who ordered that the defendants be charged separately.The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, both defendants face a mandatory minimum of five years imprisonment. 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.
Northampton Man Sentenced to 18 Months in Prison for Attempted Enticement of Minor to Produce Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Northampton County man was sentenced today in Harrisburg before U.S. District Court Judge Christopher C. Conner for attempting to entice a minor to produce child pornography.
Alan Stroppa was sentenced to an 18-month term of imprisonment, 10 years of supervised release and a $100 fine.
According to United States Attorney Peter J. Smith, in January 2012, Stroppa, age 46, of Bath, Pennsylvania, began communicating with an undercover United States Postal Inspector in Harrisburg who presented himself online as a 12-year-old girl. For several months Stroppa regularly communicated via the internet and text messages with the “girl.” Stroppa attempted to entice the “girl” to produce a sexually explicit video and photographs of herself. Pursuant to Stroppa’s requests, the purported videos were sent through the mail to a Northampton business. On June 14, 2012, Stroppa accepted the package when delivered and was arrested shortly thereafter by federal and local law enforcement.
Stroppa was indicted in July 2012 and pleaded guilty in November 2012.
The case was investigated by the United States Postal Inspection Service with the assistance of the Office of Homeland Security Investigations and Northampton Police Department. Assistant United States Attorney Michael A. Consiglio prosecuted the case.Mechanicsburg Doctor and Owner of Two Medical Facilities Pleads Guilty in Federal CourtRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Mechanicsburg doctor and owner of two Central Pennsylvania medical facilities pleaded guilty today in federal court in Harrisburg before U.S. District Judge Christopher C. Conner.
According to United States Attorney Peter J. Smith, Dr. Timothy Clark, age 44, is a medical doctor and pulmonologist and the sole owner of Central Pennsylvania Pulmonary Associates(CPPA) and Sleep Disorder Centers of Central Pennsylvania. In June 2012 and again in July, Clark was indicted by a federal grand jury in Harrisburg in separate indictments.
In June 2012, Clark was indicted on charges that from July 2010 through December 2011, as the owner of CPPA, and the trustee of the CPPA employee 401(k) Plan, he withheld employee 401(k) contributions and failed to deposit the withheld funds into their 401(k) Plan. Clark instead maintained the employee 401(k) contributions in bank accounts he controlled. Clark’s employees lost approximately $25,000 of their retirement funds.
In July 2012, Clark was indicted on charges that from December 2007 through September 26, 2008, Clark, who provided critical care services to patients of Holy Spirit Hospital, intentionally inflated the amount of time the healthcare providers he employed spent with each patient, thereby fraudulently inflating the health insurance claims Clark submitted to Medicare, Highmark, Inc., and Capital Blue Cross. The dollar amount of the fraudulent claims exceeded $500,000. In the indictment’s six money laundering counts, Clark was charged with transferring approximately $103,000 obtained through the healthcare fraud to CPPA payroll and money market accounts.
Today, Clark pleaded guilty to embezzlement from an employee benefit plan, executing a scheme to defraud healthcare benefit programs in connection with the delivery and payment of healthcare benefits and money laundering.
Clark is scheduled for sentencing on July 29, 2013.
The case involving the embezzlement from an employee benefit plan was investigated by the United States Department of Labor, Employee Benefits Security Administration, the United States Department of Labor, Office of Inspector General, the United States Department of Health and Human Service, Office of Inspector General, and the Federal Bureau of Investigation.The case involving the health care fraud and money laundering was investigated by the Pennsylvania Office of Attorney General, Insurance Fraud Section; the United States Department of Health and Human Services, Office of Inspector General; the Internal Revenue Service, Criminal Investigations; and the Federal Bureau of Investigation.
Both cases are being prosecuted by Assistant United States Attorney Joseph J. Terz.
Lebanon Man Charged in the Robbery of the Fulton Bank in CleonaRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Karree Isiah Pitts, the man allegedly responsible for the robbery at the Fulton Bank in Cleona was charged in an indictment.
According to United States Attorney Peter J. Smith, on February 27, 2013, the Fulton Bank located at 433 West Penn Avenue in Cleona, Pennsylvania was robbed and $2,790 was stolen from the bank. A federal grand jury in Harrisburg returned an indictment Wednesday charging Karree Isiah Pitts, age 22, of Lebanon, with bank robbery.
This case was investigated by the Federal Bureau of Investigation and the Cleona Police Department. Prosecution has been assigned to 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 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.
****Hazleton Man Pleads Guilty to $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, pled guilty in federal court today in Scranton before U.S. District Judge Robert D. Mariani to 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 admitted that he lied 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 is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.
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.
Hazleton Man Sentenced for Bank RobberyRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Senior United States District Court Judge Edwin M. Kosik today sentenced Kevin Andre Parks, age 41, of Hazleton, Pennsylvania, to 60 months’ imprisonment for the September 7, 2012, robbery of the First National Community Bank, located at 340 West Broad Street, Hazleton, Pennsylvania.
According to United States Attorney Peter J. Smith, in robbing the bank, Parks stated to one of the tellers "Give me all your cash, I have a gun” and then patted his right pants pocket. Thereafter, Parks fled to Scranton where he was arrested and found in possession of $3,199 in bank robbery proceeds. Parks did not possess a weapon at the time of his arrest.In addition to the 60-month term of imprisonment, Judge Kosik also ordered that Parks be placed on supervised release for a period of three years following the service of his sentence.
The case was investigated by special agents of the Federal Bureau of Investigation, Scranton Police Department, and the Hazleton Police Department. Assistant United States Attorney John Gurganus prosecuted the case.
Harrisburg Man Convicted of Federal Drug Trafficking ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Harrisburg man faces at least 20 years and up to life imprisonment after his conviction last week on federal drug trafficking charges.
According to United States Attorney Peter J. Smith, Damien Hammonds, age 28, of Harrisburg, was convicted by a jury in United States District Court in Harrisburg following a weeklong trial before U.S. District Judge Christopher C. Conner on charges of unlawfully distributing cocaine base, also known as crack, as well as cocaine hydrochloride. The jury also held that the amount of crack cocaine involved was at least 280 grams plus at least half a kilogram of cocaine hydrochloride.
The evidence showed that Hammonds sold crack cocaine and also supplied co-conspirator Michael Hansley, also of Harrisburg, with multiple ounces of cocaine hydrochloride on a weekly basis which Hansley would convert into crack and then distribute through individuals working with and for him.
Hansley previously pleaded guilty and is awaiting sentencing on May 23, 2013.
Hammonds was stopped at the airport in San Juan, Puerto Rico in June 2010 and found to have approximately $22,000 in U.S. currency hidden on his person and in his luggage. Hammonds was in Puerto Rico to purchase a kilogram of cocaine from a source of supply located there.
The evidence also showed that in April 2011 Hammonds sold two ounces of crack cocaine to an individual who was assisting the Drug Enforcement Administration and the Dauphin County Drug Task Force. That sale was under surveillance by those agencies and was subject to both audio and video recording.
Hammonds was indicted in May 2011. A sentencing date has not been scheduled.
The case was investigated by the Drug Enforcement Administration’s Harrisburg Resident Office, the Pennsylvania Attorney General’s Bureau of Narcotics Investigation and the Dauphin County Drug Task Force.
Assistant United States Attorney William A. Behe prosecuted the case for the United States.
Federal Inmate Pleads Guilty in Pennsylvania to Prison MurderRead the Press Release
A federal inmate pleaded guilty today for the violent murder of a fellow inmate in Pennsylvania’s Allenwood Correctional Complex, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney for the Middle District of Pennsylvania Peter J. Smith.
Ritz D. Williams Jr., 32, of Gila River Indian Reservation, Sacaton, Ariz., pleaded guilty before Chief U.S. District Judge Yvette Kane to one count of first degree murder and possession of a weapon.
Williams and his co-conspirator Shawn Cooya were indicted by a federal grand jury in February 2008 and a superseding indictment was returned in July 2009.
According to court documents, Williams and Cooya aided each other in the premeditated murder of inmate Alvin Allery. On Sept. 28, 2005, Williams and Cooya stabbed Allery 10 times with a homemade knife and repeatedly kicked him in the head and torso, which resulted in Allery’s death.
On Jan. 8, 2013, Cooya pleaded guilty to one count of first degree murder. On March 18, 2013, he was sentenced to serve life in prison without the possibility of parole.
As a result of Williams’s plea, he faces a mandatory sentence of life in prison. His sentencing has been scheduled for May 15, 2013, in the Middle District of Pennsylvania.
The case is being prosecuted by Assistant U.S. Attorneys Wayne P. Samuelson and Michelle Olshefski of the Middle District of Pennsylvania and Trial Attorneys Julie B. Mosley and Mike Warbel of the Criminal Division’s Capital Case Unit (CCU) and former CCU Trial Attorney C.J. Williams. The case was investigated by the Bureau of Prisons and the FBI.Former Scranton Area Title Company Agent Agrees to Plead Guilty to Mail FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Christine Tufts, age 43, of Virginia, has agreed to plead guilty to mail fraud. Tufts was indicted by a federal grand jury in Scranton on August 14, 2012.
According to U.S. Attorney Peter J. Smith, Tufts was the owner of Foremost Settlement Services, Inc., which had an office in Moosic, PA. Tufts was an agent of First American Title Insurance Company. The indictment charged that from 2006 to 2008, Tufts issued title insurance on behalf of First American to clients who owned properties in Lackawanna and Luzerne Counties. The clients took out mortgages to pay off prior mortgages or other loans.
Tufts allegedly falsely represented to First American that the proceeds of the mortgage funds were being used to pay off the prior mortgages or other loans when, in fact, she allegedly kept the money for herself.
The plea agreement was filed with the court on April 5. The case is assigned to U.S. District Court Judge Richard P. Conaboy.
The case was investigated by the Federal Bureau of Investigation and the prosecution is assigned to Assistant U.S. Attorney Lorna 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 particular 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 Man Sentenced to 30 Years’ Imprisonment for Armed Robbery of Etters BankRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tristan Green, age 28, of York, Pennsylvania, was sentenced April 4 by U.S. District Court Judge Christopher C. Conner to a 360-month (30 years) term of imprisonment for the armed robbery of the Fulton Bank in Etters, Pennsylvania. Judge Conner also ordered that Green serve three years of supervised release and pay $13,761 in restitution.
According to United States Attorney Peter J. Smith, on September 16, 2011, the Fulton Bank located at 2220 Old Trail Road, Etters, Pennsylvania, was robbed at gunpoint and over $13,000 was stolen from the bank.
Green, and co-defendant, Willie Elmore, of Brooklyn, New York, were indicted in December 2011 on charges of armed bank robbery and possession of a firearm in furtherance of a crime of violence.
In August 2012, following a four-day trial, Elmore and Green were convicted for the armed robbery of the Fulton Bank.
Elmore was sentenced in February 2013 to a 168-month term of imprisonment. Elmore was also ordered to pay $13,761 in restitution which will be paid jointly with Green.
Green faces additional prison terms associated with the robberies of three other banks. In January 2013, a jury returned a guilty verdict on armed robbery charges associated with the robbery of the Sovereign Bank, 1442 Bannister Street, York, PA; the Heritage Valley Credit Union, 777 Kings Mill Road, York, PA; and the Sovereign Bank, 519 South 29th Street, Harrisburg, PA. The maximum penalty under the federal statute is life imprisonment. Green faces a mandatory minimum of 900 months imprisonment. A sentencing date has not been scheduled.
This case was investigated by the Federal Bureau of Investigation, Capital City Safe Streets Task Force; Pennsylvania State Police; York City Police Department; Newberry Township Police Department; Springettsbury Township Police Department; Hellam Township Police Department; Northern York County Regional Police Department and the York County District Attorney’s Office Criminal Investigation Division. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.Former Chambersburg Area School Teacher Indicted for Receipt and Possession of Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeffrey Schmutzler, of Fayettesville, Pennsylvania, was indicted Wednesday by a federal grand jury in Harrisburg for receipt and possession of child pornography.
According to United States Attorney Peter J. Smith, Schmutzler, a former teacher at Chambersburg Area School District, was arrested on March 21, following charges filed in a Criminal Complaint. He remains in custody.
At this point in the investigation, the U.S. Attorney’s Office has no evidence that any female students were involved or that there was any unlawful physical contact with any students.
Anyone with information related to this matter should please contact United States Postal Inspector Michael Corricelli at 717-257-5581.
If you feel you are a victim and need assistance please contact the Victim/Witness Coordinator for the Middle District of Pennsylvania Laurie A. Riley at 717-221-4482 or 1-866-673-7340.
The case is being investigated by the U.S. Postal Inspection Service, U.S. Immigration and Customs Enforcement’s(ICE) Homeland Security Investigations(HSI) and the Pennsylvania State Police. The prosecutor assigned to the case is 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 mandatory minimum penalty is five years’ imprisonment. The maximum penalty under the federal statute is 30 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 31- 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, Navor Silva-Garcia, age 31, 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 Silva-Garcia, an alien who was convicted on March 19, 2012, of Unlawful Restraint, was previously arrested and deported from the United States on April 13, 2012, did knowingly and unlawfully re-enter 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 Alice Song Hartye.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
St. Luke’s University Health Network Agrees ToRead the Press Release
Pay Government $1,029,791 To ResolveAlleged Improper Medicare Claims
The United States Attorney's Office for the Middle District of Pennsylvania announced that the St. Luke’s University Health Network has agreed to pay the United States $1,029,791 to resolve allegations that it erroneously submitted improper claims to the Medicare program. St. Luke’s University Health Network owns and operates St. Luke’s Hospital of Bethlehem, St. Luke’s Quakertown Hospital, and St. Luke’s Miners Memorial Hospital.
According to United States Attorney Peter J. Smith, St. Luke’s University Health Network has agreed to pay $1,029,791 to resolve allegations that from January 1, 2002, through June 30, 2012, its hospitals erroneously submitted claims to the Medicare program for payment that contained evaluation and management services that were not allowable under Medicare.
Medicare does not normally allow additional payments for such services performed by a provider on the same day as a procedure, unless the service is significant, separately identifiable, and above and beyond the usual preoperative and postoperative care associated with the procedure. In such cases, an attachment to the claim, known as "Modifier 25," may be submitted to allow the additional payment.
In this matter, the government determined that St. Luke’s hospitals incorrectly attached Modifier 25 to Medicare claims that led Medicare to pay the hospitals for evaluation and management services that were not significant and separately identifiable from the underlying procedures for which Medicare also made payments.
St. Luke’s fully cooperated in this investigation after being contacted by the government.The Harrisburg Office of the U.S. Attorney’s Office had jurisdiction because Medicare provider claims are processed by Novitas Solutions, Inc., formerly Highmark Medicare Services, in Camp Hill, Pennsylvania. The U.S. Attorney’s Office for the Eastern District of Pennsylvania cooperated in this matter.
The case was investigated by the U.S. Department of Health and Human Services, Office of the Inspector General in Harrisburg and handled by D. Brian Simpson, of the United States Attorney's Office, Civil Division.
Easton Hospital Agrees to Pay Government $454,866Read the Press Release
To Resolve Allegation Of Improper Medicare Claims
The United States Attorney's Office for the Middle District of Pennsylvania announced that Easton Hospital has agreed to pay the United States $454,866 to resolve allegations that it submitted improper claims to the Medicare program. Easton Hospital is a subsidiary of Community Health Systems and is located in Easton, Pennsylvania.
According to United States Attorney Peter J. Smith, Easton Hospital has agreed to pay $454,866 to resolve allegations that from January 1, 2004, through May 28, 2009, Easton Hospital improperly submitted claims to the Medicare program for payment that contained evaluation and management services that were not allowable under Medicare.
Medicare does not normally allow additional payments for such services performed by a provider on the same day as a procedure, unless the service is significant, separately identifiable, and above and beyond the usual preoperative and postoperative care associated with the procedure. In such cases, an attachment to the claim, known as "Modifier 25," may be submitted to allow the additional payment.
In this matter, the government determined that Easton Hospital incorrectly attached Modifier 25 to Medicare claims that led Medicare to pay the hospital for evaluation and management services that were not significant and separately identifiable from the underlying procedure for which Medicare also paid the hospital.
The U.S. Attorney’s Office acknowledged and Easton Hospital’s cooperation and remedial action which helped to resolve the matter. After the Government contacted Easton Hospital concerning improper Modifier 25 claims, the hospital conducted an internal review to determine what caused the improper claims to be submitted to the Medicare program and took action to increase medical coding training and bolster its compliance program.
The Harrisburg Office of the U.S. Attorney’s Office had jurisdiction because Medicare provider claims are processed by Novitas Solutions, Inc., formerly Highmark Medicare Services, in Camp Hill, Pennsylvania. The U.S. Attorney’s Office for the Eastern District of Pennsylvania cooperated in this matter.
The case was investigated by the U.S. Department of Health and Human Services, Office of the Inspector General, in Harrisburg and handled by D. Brian Simpson, of the United States Attorney's Office, Civil Division.