Middle District of Pennsylvania

     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." 

     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.

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.

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.

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.

     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.

     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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     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.