Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Three Charged with Improper Entry into the United StatesRead 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 three individuals were charged with being in the United States illegally in separate cases.
According to United States Attorney Peter J. Smith, Informations were filed Monday against: Adolfo Lopez-Perez, age 24, and Antonio Rios, age 42, natives and citizens of Mexico, both found in Adams County and Tomas Justino Mercado-Mendoza, age 26, a native and citizen of El Salvador, found in York County. The three came to the attention of authorities after eluding examination or inspection by immigration officers.
The investigations were conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement and are being prosecuted by Special Assistant United States Attorney 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 these particular cases, the maximum penalty under the federal statute is six months’ 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 Hershey Resident Sentenced for Adulteration of Medical DevicesRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that William Joseph Zinnanti, age 44, of Mountain View, California, was sentenced today, in Harrisburg, to four months’ imprisonment by U.S. District Court Senior Judge William W. Caldwell for introducing adulterated medical devices into interstate commerce in violation of Federal Food and Drug laws.
According to information presented by Assistant U.S. Attorney Joseph Terz, from 2005 to 2007, while residing in Hershey, Pennsylvania, Zinnanti was the President and Owner of a business known as Zinnanti Surgical Design, LLC, which manufactured a medical device known as the Bayonet Electro-Surgical Pencil. The device was sold mainly to hospitals. Surgeons used this device to cut and cauterize tissue surrounding the patient's thoracic vertebrae to allow access to the thoracic disk space during back surgery.
The surgical pencils were adulterated because the methods, facilities, and controls Zinnanti used for the manufacture, packing, and storage of the product did not comport with current good manufacturing practice to ensure that the devices were safe and effective and in compliance with the Federal Food, Drug, and Cosmetic Act. Zinnanti acted with the intent to defraud and mislead the FDA with regard to the manufacturing procedures he had in place.
Zinnanti was charged in May 2012 and pleaded guilty in June 2012.
According to United States Attorney Peter J. Smith, after questions surrounding the sterility of the device came to light in 2006, a nationwide and international recall was instituted. Anyone seeking further information regarding the recall should contact the FDA Division of Small Manufacturers International and Consumer Assistance at 1-800-638-2041.This investigation was conducted by the Food and Drug Administration, Office of Criminal Investigations. The case was prosecuted with the assistance of FDA's Office of Chief Counsel.
Settlement Announced Resolving Federal Civil Complaint Against Chambersburg Skydiving Center, Inc.Read the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the settlement of a federal lawsuit against Chambersburg Skydiving Center, Inc., Chambersburg, Pennsylvania filed as a result of an inquiry by the Federal Aviation Administration (FAA).
According to United States Attorney Peter J. Smith, the civil Complaint, filed on November 7, 2012, claimed that Chambersburg Skydiving Center Inc. operated an aircraft in violation of the federal aviation regulations by failing to have the aircraft inspected, by failing to have annual inspections and operating the aircraft when it was not in an airworthy condition.
Under the terms of the settlement agreement, Chambersburg Skydiving Center, Inc. will pay $10,000 in satisfaction of all alleged violations. Additionally, Chambersburg Skydiving Center, Inc. agreed to fully cooperate with the FAA for the purpose of conducting inspections and investigations concerning compliance with federal aviation regulations.
The U.S. Attorney’s Office and Chambersburg Skydiving Center, Inc. agreed that the terms of the settlement agreement were appropriate in light of the Chambersburg Skydiving Center’s status as a small business with limited financial resources and its record of no prior violations. Additionally, Chambersburg Skydiving Center, Inc. took measures to ensure the airworthiness of the aircraft once it became aware of any alleged violation including the timely repairs and inspections. The company is currently compliant with the FAA’s requirements and has agreed to cooperate with any future inspection or investigation by the FAA.
The settlement agreement is subject to the approval of U.S. District Court Judge John E. Jones, III, the judge to whom the case is assigned.
This matter was litigated by Assistant U.S. Attorney Timothy Judge, of the U.S. Attorney’s Office Civil Division in collaboration with the FAA’s Eastern Regional Counsel’s Office.
Operator of Illegal Alien Employment Business in Scranton Pleads GuiltyRead 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 pleaded guilty today in federal court before U.S. District Court Judge A. Richard Caputo.
According to United States Attorney Peter J. Smith, Rama Putra, age 32, residing in Scranton, pleaded guilty to Count I of an indictment returned in October 2012 by a grand jury in Scranton. Count I charges Putra with conspiracy to commit money laundering, and the employment and transportation of illegal aliens. Putra was charged for committing the offenses from January 2007 through September 2012.
The indictment stemmed from a continuing joint investigation by the U.S. Department of Homeland Security - Immigration and Customs Enforcement and the Pennsylvania State Police.
The indictment alleged that 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.
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.
Sentencing is scheduled for April 25, 2013.
Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Old Forge Man Pleads Guilty to Online EnticementRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an Old Forge man pleaded guilty today in Scranton before U.S. District Court Judge A. Richard Caputo to online enticement.
According to United States Attorney Peter J. Smith, Jeffrey Pettinato, age 51, was charged in a felony Information in November 2012 for committing the offenses at various times between July 2012 through August 2012. Pettinato used a computer and attempted to persuade, induce, entice, and coerce a minor to engage in sexual activity.
In this particular case, the maximum penalty under the federal statute is life imprisonment and a minimum of 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.
Pettinato will also be required to follow sexual offender registration requirements pursuant to the Adam Walsh Act. A sentencing date has been scheduled for April 30, 2013.
Smith noted that 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."
Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
****Milford Woman Pleads Guilty to Health Care FraudRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that Patricia Delorenzo, age 59, of Milford, Pennsylvania, pleaded guilty today in Scranton to Health Care Fraud charges before U.S. District Court Judge A. Richard Caputo.
According to United States Attorney Peter J. Smith, a criminal Information was filed in November 2012 charging Delorenzo with engaging in a scheme to defraud Blue Cross of Northeastern Pennsylvania for the period beginning May 2009 through December 2011.
The charges stem from an investigation initiated in July of 2009 by the Federal Bureau of Investigation (FBI).
Under the terms of the plea agreement, Delorenzo=s intended loss is approximately $20,000. Actual loss is $10,188.88. Delorenzo will pay restitution for the actual loss amount and forfeit her professional counseling license.
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.
Sentencing is scheduled for April 26, 2013.
Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Mexican Citizen Encountered in Franklin 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 today that a
30-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, Miguel Angel Bautista-Valdez, age 30, a native and citizen of Mexico, in the United States illegally was charged in a one-count indictment by a federal grand jury in Harrisburg today.
The indictment alleges that Bautista-Valdez, an alien who has previously been arrested, and deported from the United States on January 9, 2008, did knowingly and unlawfully reenter the United States and was apprehended in Franklin 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.
Inmate Who Bribed Correctional Officer to Smuggle Contraband to Him Sentenced to 15 Months’ ImprisonmentRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that today in Scranton Senior United States District Court Judge James M. Munley sentenced Anthony Orlando Gibbs, age 37, formerly of Michigan, to 15 months’ imprisonment for bribing a correctional officer at the United States Penitentiary at Canaan to smuggle contraband into the prison.
The sentencing follows Gibbs’ guilty plea to a Criminal Information charging him with bribery of a public official. The Criminal Information noted that during the Spring and Summer of 2011, Gibbs was an inmate at USP-Canaan. The United States Penitentiary-Canaan is a high security institution housing male inmates. High security institutions, also known as United States Penitentiaries, have highly-secured perimeters featuring walls or reinforced fences, multiple- and single-occupant cell housing, the highest staff-to-inmate ratio, and close control of inmate movement.
The Criminal Information further noted that under federal law, inmates are prohibited from possessing cellular telephones. USP-Canaan is also a smoke-free environment; inmates are not allowed to purchase or possess any kind of tobacco product which is considered contraband within the institution.
The Criminal Information alleged that Gibbs paid more than $5,000 to correctional officer Donald E. Lykon to induce him to smuggle to the defendant cellular phones, marijuana, tobacco and related items within the United States Penitentiary at Canaan.
There was a plea agreement in the case which was accepted by Senior Judge Munley.
Judge Munley previously sentenced correctional officer Donald E. Lykon to 18 months’ imprisonment and his wife, Kimberly Lykon, to 5 months’ imprisonment for their roles in the scheme.
The investigation was conducted by the United States Department of Justice Office of Inspector General.Assistant U.S. Attorney John Gurganus prosecuted the case.
Over $300,000 from Sale of Drug Dealer’s Home Forfeited to the United StatesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today the forfeiture of more than $300,000 from the sale of a drug trafficker’s home. According to United States Attorney Peter J. Smith, United States District Judge John E. Jones, III, entered a Final Order of Forfeiture on January 14, 2013 in connection with a criminal case pending against Robert Taylor. The court’s order forfeited $341,898.35 to the United States. That sum was the proceeds of the sale of Taylor’s home located at 4216 Herrera Court, Randallstown, Maryland. Those proceeds were held by the United States Marshals Service since the closing on the sale pending the court’s forfeiture order.
Taylor, 37, of Aberdeen, MD and co-defendant, Shawn Duncan, 41, of Harrisburg, came to the attention of authorities following an investigation into drug activity in Harrisburg. Taylor was identified as a source of supply for Duncan. In February of 2012, federal agents made multiple purchases of crack cocaine from co-defendant Duncan. Both Duncan and Taylor were arrested on February 9, 2012 and approximately 9 ounces of crack cocaine was seized.
Taylor and Duncan were indicted by a federal grand jury in Harrisburg in February 2012 with unlawfully distributing both cocaine HCL and crack cocaine as well as criminal conspiracy to do the same. A superseding indictment was returned by a federal grand jury in Harrisburg in March 2012 providing notice of the Government’s intention to forfeit any property that drug proceeds were used to purchase and any property used to commit the offenses. The federal investigation revealed that the proceeds of drug trafficking were used to purchase the Randallstown home.
On October 1, 2012 both Taylor and Duncan pleaded guilty to unlawfully distributing cocaine HCL and crack cocaine. Taylor agreed to the forfeiture of the proceeds of the sale of the Randallstown home. Both defendants await sentencing. Taylor faces a mandatory minimum term of imprisonment of 10 years up to life imprisonment. Duncan faces a maximum sentence of 20 years imprisonment. Sentencing dates have not yet been scheduled for either defendant.
The case was investigated by the U.S. Drug Enforcement Administration’s Harrisburg Resident Office, the Pennsylvania State Police, the Dauphin County Drug Task Force and the East Lampeter Township Police Department. The case is being prosecuted by Assistant U.S. Attorney William A. Behe.
Nigerian National Pleads Guilty to Involvement in Multi-Million Dollar Attorney Collection ScamRead the Press Release
The United States Attorney’s office for the Middle District of Pennsylvania announced that a Nigerian national charged in connection with a multi-national scheme that bilked more than $70 million from U.S. and Canadian lawyers pleaded guilty in federal court today in Harrisburg.
According to United States Attorney Peter J. Smith, Emmanuel Ekhator, 42, of Mississauga, Canada, and Benin City, Nigeria, pleaded guilty to criminal conspiracy to commit mail fraud and wire fraud before United States Magistrate Judge Martin C. Carlson. Pursuant to a plea agreement with the government, Ekhator also acknowledged the government’s right to forfeit property in Canada and the contents of several bank accounts in Nigeria.
According to the information provided to the court by Assistant U.S. Attorney Christy Fawcett during the guilty plea proceeding, Ekhator was part of a scam that targeted lawyers. Conspirators contacted U.S. and Canadian law firms by e-mail claiming to be individuals or businesses outside North America who were owed money by entities in the U.S. and asking for legal representation to collect the money. Often, the prospective “clients” said the monies owed came from a real estate transaction, tort claim, or divorce settlement.
Once the law firm agreed to represent the out-of-country “client”, the law firm would be contacted by the U.S. entity purportedly owing money with an offer to pay the “client” by check. The “client” would instruct the law firm to deposit the check in the law firm’s trust account, retain the law firm’s fee, and wire the remaining funds to accounts in Asia. The check that was then mailed to the law firm would be a counterfeit check, a fact that would be discovered only after funds from the law firm’s trust account had been wired to the Asian bank.
The counterfeit checks, which appeared to be drawn on legitimate accounts from well-established financial institutions, often included a telephone number for the financial institution. Lawyers attempting to determine the validity of the check would call the number only to reach another conspirator who would falsely verify the check. Ekhator’s co-defendant, Yvette Mathurin, has been charged with alleged involvement with this aspect of the conspiracy and is awaiting extradition from Canada.
As part of the plea agreement lawyers for Ekhator told the court that Ekhator’s involvement in the scheme makes him responsible for losses of more than $7 million and up to $20,000,000. Ekhator also admitted to being a leader in the sophisticated criminal enterprise.
Ekhator was arrested in Nigeria in August 2010, and extradited to the United States in August 2011.
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.
Sentencing is expected to occur in the spring.
This case is part of an on-going investigation of advance fee collection fraud schemes by a task force including the United States Postal Inspection Service, the Federal Bureau of Investigation, the United States Secret Service, the Toronto Police Services, the Royal Canadian Mounted Police, the Nigerian Economic and Financial Crimes Commission and the U.S. Attorney’s Office for the Middle District of Pennsylvania.
Indictment Charging Two New Jersey Men with Mortgage Fraud, Making False Statements, and Conspiracy to Defraud the United States Unsealed Following ArrestRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an indictment charging two New Jersey residents for conspiring to defraud the United States, using false documents and making false statements in connection with a Monroe County residence mortgage loan insured by the Federal Housing Administration of the U.S. Department of Housing and Urban Development was unsealed today. The indictment returned on January 8, was sealed pending their arrest.
According to United States Attorney Peter J. Smith, the defendants, David Sacci, age 46, of Bradley Beach, New Jersey, and Martin Sacci, age 64, of South Plainfield, New Jersey, are charged with committing the offenses in 2007 and 2008, when both men worked as loan officers for Aurora Financial, a financial services firm operating in Pennsylvania, New Jersey and other states. The fraud and false statements were allegedly in connection with a mortgage insured by the FHA for a residential property in Long Pond, Monroe County, Pennsylvania.
The indictment also seeks the forfeiture of all property and proceeds obtained as a result of the alleged fraudulent conduct.
Both defendants were arraigned before U.S. Magistrate Judge Thomas M. Blewitt. Trial in the case is scheduled for March 18, 2013. Both defendants were released pending trial.
The charges stem from an investigation by the Department of Housing and Urban Development (HUD).
Another defendant connected to the scheme, Patricia Chmura, previously pleaded guilty to HUD fraud charges and is awaiting sentencing.
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 maximum penalty under the federal statute is 14 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Former Wilkes-Barre, Pa. Football Coach Pleads Guilty to 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 Joseph J. Ostrowski, age 29, of Wilkes-Barre, pleaded guilty today before Senior United States District Court Judge Edwin M. Kosik to producing and attempting to produce child pornography, interstate extortion, and cyber stalking.
The plea agreement calls for Ostrowski to be sentenced to 25 years in prison, to be followed by a lifetime of supervised release. The court ordered a pre-sentence investigation to be completed after which a date for sentencing will be scheduled.
According to United States Attorney Peter J. Smith, a Superseding Information was filed in December 2012 charging that Ostrowski, a former football coach at Holy Redeemer High School in Wilkes-Barre, persuaded and enticed, and attempted 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 used 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 also 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.
According to a summary of the Government’s evidence presented at today’s 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.
Ostrowski's charges resulted from an investigation by the Federal Bureau of Investigation in Scranton and Michigan and the Michigan State University Police.
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."
Member of Carbon County Drug Trafficking Conspiracy Sentenced to 39 Months in PrisonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a member of a Carbon County-based drug trafficking conspiracy was sentenced Tuesday by Senior U. S. District Court Judge James M. Munley to 39 months in prison.
According to United States Attorney Peter J. Smith, Imani Simelani, age 30, of Allentown, Pennsylvania, who used the street name “E,” previously pleaded guilty to conspiracy to distribute cocaine base (“crack”) and cocaine. Simelani admitted to being a member of the drug conspiracy from early 2006 to April 2007.
Simelani was indicted by a federal grand jury in April 2007, as a result of an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police. Simelani was one of 11 people charged in the case. Ten of the co-defendants pleaded guilty to drug-related charges and have been sentenced to prison. Krishna Mote, one of the leaders of the drug ring, was recently convicted after a jury trial and is awaiting sentencing.
Judge Munley also ordered Simelani to be placed on supervised release for four years following his prison sentence and pay a fine of $500.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Luzerne County Man Sentenced to PrisonRead the Press Release
For Federal Heroin Trafficking Charges
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Luzerne County man was sentenced by Senior United States District Judge James M. Munley to serve 60 months in prison on the charge of conspiracy to distribute heroin.
According to United States Attorney Peter J. Smith, David Gilliam, age 27, of Forty Fort, previously admitted to participating in a conspiracy to distribute heroin in the Luzerne County area between January and November 2011. In March 2011, investigators seized 660 bags of heroin from a residence located on Wyoming Avenue in Forty Fort where Gilliam was residing.
In addition to the prison term, Judge Munley also ordered that Gilliam be supervised by a probation officer for three years following his prison sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, the Luzerne County Drug Task Force, and the Kingston and Hanover Police Departments.The case was prosecuted by Assistant United States Attorneys Robert J. O’Hara.
Luzerne County Man Sentenced to PrisonRead the Press Release
For Stolen Firearms Charge
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Luzerne County man was sentenced by Senior United States District Court Judge James M. Munley to serve 20 months in prison for the possession and receipt of three stolen firearms.
According to United States Attorney Peter J. Smith, Albert Behrmann, age 37, of Larksville, Luzerne County, was previously indicted by a federal grand jury in November 2011, after an incident in Luzerne County in which the defendant was involved in the sale of a stolen firearm to another person.
Behrmann previously entered a guilty plea to the charge of possession and receipt of stolen firearms on April 4, 2012.
In addition to the prison term, Judge Munley also ordered that the defendant be supervised by a probation officer for three years following his prison sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, the Luzerne County Drug Task Force, and the Kingston and Hanover Police Departments. The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.
Federal Inmate Pleads Guilty in PennsylvaniaRead the Press Release
To Premeditated Prison Murder
A federal inmate formerly held in Pennsylvania’s Allenwood Federal Correctional Complex pleaded guilty today in Harrisburg, Pa., before U.S. District Judge Yvette Kane, to first degree murder for stabbing and kicking a fellow inmate to death.
U.S. Attorney for the Middle District of Pennsylvania Peter J. Smith and Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division announced the plea, entered today by Shawn Cooya, 33, formerly of White River, Ariz.
According to documents filed in this case and Cooya’s admissions in court, in September 2005, Cooya, allegedly along with co-defendant Ritz Williams – another inmate at Allenwood in White Deer, Pa. – aided each other in the premeditated murder of inmate Alvin Allery by repeatedly stabbing him with a homemade knife and repeatedly kicking him in the head and torso.
Cooya and Williams were indicted by a federal grand jury in Williamsport in February 2008 and a superseding indictment was returned in July 2009.
As a result of his plea, Cooya faces a mandatory sentence of life in prison. Sentencing has been scheduled for March 18, 2013.
A trial date for Williams has been scheduled for April 15, 2013. He is considered innocent unless and until proven guilty.
The case was investigated by the FBI, Williamsport, Pa., Resident Agency and the Federal Bureau of Prisons. The case is being prosecuted by Assistant U.S. Attorneys Wayne Samuelson and Michelle Olshefski of the Middle District of Pennsylvania and Michael Warbel of the Criminal Division’s Capital Case Unit.
Federal Inmate Charged with Assaulting A Correctional OfficerRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an inmate at the United States Penitentiary at Canaan, Pennsylvania, has been charged in a two-count indictment returned today by a federal grand jury in Scranton, Pennsylvania.
According to United States Attorney Peter J. Smith, the indictment alleges that Jose Montalban assaulted a correctional officer with a dangerous weapon. The correctional officer suffered facial wounds which required nine sutures. A second count of the indictment alleges that Montelban, while having the status of an inmate, knowingly possessed a prohibited object, that is, a sharpened weapon commonly known as a "shiv" or "shank."
The case was investigated by the FBI and the Special Investigation Section at USP-Canaan. 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 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.
Pennsylvania State Inmate Pleads Guilty to Assault and Threats Against Federal OfficialsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Stephen Christopher Pyle, age 27, of Albion, Pennsylvania, entered a guilty plea Thursday in U.S. District Court in Allentown to a two-count felony criminal information charging him with threatening to murder a federal law enforcement official and assaulting a federal employee.
According to United States Attorney Peter J. Smith, Pyle was serving concurrent sentences for both a previous state and federal conviction when he mailed a letter to the United States Attorney’s office for the Eastern District of Pennsylvania threatening to murder the Assistant United States Attorney who handled his federal prosecution for threatening the President of the United States.
After Pyle was moved from the state correctional facility to Philadelphia to face new federal charges, he assaulted a member of the medical staff. The victim was able to fight Pyle off and federal corrections officers were able to restrain and control him.
U.S. District Court Judge James Knoll Gardner scheduled the sentencing for May 13, 2013 in Allentown.
As a result of his guilty plea, the statutory maximum penalty for the offences charged in the criminal Information is imprisonment of up to 30 years.
The investigation was conducted by the United States Marshals Service and the FBI. The case is assigned to Assistant United States Attorney Todd K. Hinkley. The matter is being prosecuted by the United States Attorney’s Office for the Middle District of Pennsylvania at the request of Eastern District officials who were required to recuse themselves because a member of the staff in that office was an alleged target of the threat.
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East Stroudsburg Resident Charged with Illegal EntryRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Victor Marroquin, age 41, from El Salvador and residing in East Stroundsburg, Pennsylvania was charged with illegal entry into the United States in a criminal Information filed today in U.S. District Court in Scranton.
According to United States Attorney Peter J. Smith, Marroquin came to the attention of federal authorities after being charged by the Pennsylvania State Police with Driving Under the Influence.The investigation was conducted by the U.S. Immigration and Customs Enforcement and is assigned to Assistant United States Attorney Todd K. Hinkley for prosecution.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of 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 6 months’ 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.