Western District of Pennsylvania
Press releases recorded for this federal judicial district.
Romanian Man Sentenced to Prison for Bank Fraud and Identity Theft Violations Involving Use of Skimming Devices at Local ATMsRead the Press Release
PITTSBURGH, Pa. - A resident of Bacau, Romania, has been sentenced in federal court to four years of imprisonment on his conviction of bank fraud and aggravated identity theft, United States Attorney Eric G. Olshan announced today.
United States District Judge Robert J. Colville imposed the sentence on Ciprian Costel Borcea, 46.
According to information presented to the Court, a local financial institution discovered that it was targeted through a skimming device scheme that caused losses of more than $450,000 and the theft of account information related to more than 700 customers. A skimming device is one that fraudsters place over automated teller machines (ATMs) that captures the information from the magnetic strips of ATM cards. Those devices are then used in conjunction with pin hole cameras that capture customers’ personal identification numbers to create fraudulent ATM cards and then withdraw money from the customers’ bank accounts.
The investigation revealed that the skimming devices and cameras were placed on area ATMs in March and April 2023. Borcea was captured on surveillance video installing the skimming devices and cameras, retrieving the devices, and using the counterfeit ATM cards to withdraw money from customer accounts.
In early May 2023, Borcea installed a skimming device on an ATM located in the Cleveland, Ohio, area. The Cleveland Field Office of the U.S. Secret Service set up surveillance of the ATM machine and observed Borcea approaching the machine. Borcea was taken into custody, and a search of his vehicle revealed a skimming device, counterfeit ATM cards, and other evidence tying him to the ATM skimming device fraud in the Pittsburgh area.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
United States Attorney Olshan commended the United States Secret Service for the investigation leading to the successful prosecution of Borcea.
Previously Convicted Felon Charged with Possession of Machinegun in Furtherance of Cocaine Trafficking CrimeRead the Press Release
PITTSBURGH, Pa. – A former resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms and narcotics laws, United States Attorney Eric G. Olshan announced today.
The four-count Indictment named Christopher Pollard, 33, as the sole defendant.
According to the Indictment, on or about November 3, 2023, Pollard, who has multiple prior felony convictions, possessed a Glock handgun that had been illegally modified to fire as a fully automatic machinegun. In addition to prohibiting individuals from possessing machineguns, federal law makes it illegal for an individual who has been convicted of a felony from possessing any firearm or ammunition. Additionally, on the same day, Pollard possessed with intent to distribute a quantity of cocaine. The Indictment alleges that Pollard possessed the illegal firearm in furtherance of that drug trafficking offense.
The law provides for a maximum sentence of not less than five years and up to life in prison, a fine of up to $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Benjamin C. Dobkin is prosecuting this case on behalf of the United States.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Pittsburgh Bureau of Police conducted the investigation leading to the Indictment.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
New Castle Felon Pleads Guilty to Fentanyl and Cocaine Trafficking and Firearm PossessionRead the Press Release
PITTSBURGH, Pa. – A resident of New Castle, Pennsylvania, pleaded guilty in federal court to trafficking fentanyl and cocaine and possessing a firearm after a felony conviction, United States Attorney Eric G. Olshan announced today.
Donald Jeter, 34, pleaded guilty before United States Senior District Judge Arthur J. Schwab to conspiring to distribute fentanyl and cocaine between May 2021 and October 2022 and to possessing a firearm on August 10, 2022, after a felony conviction. Federal law prohibits possession of a firearm or ammunition by a convicted felon.
Judge Schwab scheduled sentencing for September 24, 2024. The law provides for a maximum sentence of up to 20 years in prison, a fine of up to $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Federal Bureau of Investigation, Pennsylvania Office of Attorney General, United States Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Lawrence County Drug Task Force, Mercer County Drug Task Force, New Castle Police Department, Sharon Police Department, and Pennsylvania State Police conducted the investigation that led to the prosecution of Jeter.
Johnstown Man Sentenced to 12 Years in Prison for Trafficking Large Quantities of Fentanyl, Heroin, Methamphetamine, Cocaine, and CrackRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pennsylvania, was sentenced in federal court to 144 months in prison, to be followed by four years of supervised release, on his convictions of conspiracy to distribute and possession with intent to distribute fentanyl, methamphetamine, cocaine, crack cocaine, and heroin, United States Attorney Eric G. Olshan announced today.
United States Senior District Judge Kim R. Gibson imposed the sentence on Dwight Logan, 44.
According to information presented to the Court, from in and around April 2019 to in and around July 2021, in the Western District of Pennsylvania, Logan conspired to distribute and possess with intent to distribute 40 grams or more of fentanyl, 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, a quantity of a mixture and substance containing a detectable amount of cocaine base in the form commonly known as crack, and a quantity of a mixture and substance containing a detectable amount of heroin. Further, in and around July 2021, Logan possessed with the intent to distribute 40 grams or more of fentanyl and a quantity of a mixture and substance containing a detectable amount of cocaine and methamphetamine. Logan was intercepted on a federal wiretap obtaining quantities of the drugs that he distributed to others.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Federal Bureau of Investigation’s Laurel Highlands Resident Agency and Homeland Security Investigations for the investigation that led to the successful prosecution of Logan. Additional agencies participating in the investigation included the Bureau of Alcohol, Tobacco, Firearms and Explosives, Internal Revenue Service – Criminal Investigation, United States Postal Inspection Service, Pennsylvania Office of Attorney General, Pennsylvania State Police, Cambria County District Attorney’s Office, Indiana County District Attorney’s Office, Cambria County Sheriff’s Office, Cambria Township Police Department, Indiana Borough Police Department, Johnstown Police Department, Upper Yoder Township Police Department, Richland Police Department, Ferndale Police Department, and other local law enforcement agencies.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Indianapolis Resident Pleads Guilty to Preparing and Submitting Fraudulent COVID-19 Relief Loan ApplicationsRead the Press Release
PITTSBURGH, Pa. - A resident of Indianapolis, Indiana, pleaded guilty in federal court to charges of wire fraud, United States Attorney Eric G. Olshan announced today.
Antranette Echols, 57, pleaded guilty to two counts before United States Senior District Judge Nora Barry Fischer.
In connection with the guilty plea, the Court was advised that Echols prepared and submitted for borrowers falsified COVID-19 pandemic relief loan applications, for which she took a fee. Some of the borrowers were located in the Western District of Pennsylvania.
Judge Fischer scheduled sentencing for August 16, 2024. The law provides for a maximum sentence of up to 40 years in prison, a fine of up to $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Echols.
Delaware County Man Currently Incarcerated for Murder, Robbery, and Firearm Crimes Sentenced to Five Years in Federal Prison for Methylfentanyl and Cocaine ViolationsRead the Press Release
PITTSBURGH, Pa. – A resident of Delaware County, Pennsylvania, has been sentenced in federal court to 60 months in prison on his conviction of possessing trans-3-methylfentanyl, cis-3-methylfentanyl, and cocaine with intent to distribute, United States Attorney Eric G. Olshan announced today.
United States District Judge Robert J. Colville imposed the sentence on Jamir Hughes, 23.
According to information presented to the Court, on May 27, 2020, Hughes possessed 17 grams of a mixture of trans-3-methylfentanyl and cis-3-methylfentanyl and 115 grams of cocaine in a vehicle that was traveling on the Pennsylvania Turnpike. Hughes was on his way from the Philadelphia area to Butler, where he intended to distribute the controlled substances, when Pennsylvania State Police stopped the vehicle in Somerset County and seized the controlled substances.
In 2023, Hughes was convicted in two prosecutions in Pennsylvania state courts—the Delaware County Court of Common Pleas and the Philadelphia County Court of Common Pleas— of committing third-degree murder, robbery, and firearm crimes. He was sentenced in Delaware County to 25-60 years in prison, and in Philadelphia County to 3.5-7 years in prison.
Judge Colville directed that 12 months of Hughes’s 60-month federal prison sentence in this case be served consecutive to the Philadelphia County and Delaware County sentences, with the remaining 48 months of the federal sentence to be served concurrently. Judge Colville also directed that Hughes serve four years of supervised release following his federal prison sentence.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
United States Attorney Olshan commended the Pennsylvania State Police, Federal Bureau of Investigation, and Butler County District Attorney’s Drug Task Force for the investigation leading to the successful prosecution of Hughes.
Florida Man Sentenced to 10 Years in Prison and Ordered to Pay More Than $97 Million in Restitution for Participation in Multiple Health Care Fraud and Kickback SchemesRead the Press Release
PITTSBURGH, Pa. - A resident of Fort Lauderdale, Florida, was sentenced in federal court to 120 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay more than $97 million in restitution and to forfeit more than $30 million and the proceeds from the sale of a yacht for conspiring to commit health care fraud and conspiring to pay and receive unlawful kickbacks, First Assistant United States Attorney Troy Rivetti announced today.
United States District Judge W. Scott Hardy imposed the sentence on Daniel Hurt, 59.
According to information presented to the Court, Hurt engaged in three separate health care fraud and illegal kickback schemes.
First, he and his co-conspirators victimized both TRICARE—a program that provides civilian health care benefits for military personnel, military retirees, and military dependents—and CHAMPVA—a health care benefit program run by the Department of Veterans Affairs—through a scheme that involved the payment of illegal kickbacks. In all, that scheme caused a loss to TRICARE of more than $18 million and to CHAMPVA of more than $450,000. Hurt was initially indicted in the Southern District of Florida for his participation in that scheme, before his case was transferred to the Western District of Pennsylvania for sentencing.
Hurt admitted during his plea hearing that, through this scheme, he and his co-conspirators billed TRICARE, CHAMPVA, and other insurance providers for expensive compounded medications that were not medically necessary. Hurt and his co-conspirators worked with patient recruiters to solicit patients who had health insurance, with the patient recruiters then generating prescriptions containing the patients’ information and a limited selection of expensive compounded medications. These prescriptions, which used formulations created or altered to obtain the maximum possible reimbursement from the insurance companies, were then referred to a telemedicine service and sent to a pharmacy owned by Hurt and his co-conspirators.
During the conspiracy, patient recruiters and the telemedicine service sent thousands of medically unnecessary prescriptions to this pharmacy, which, after filling the prescriptions, would bill patients’ insurance plans thousands of dollars for the compounded medications. Once the pharmacy received payment for the prescriptions, the pharmacy would then pay a kickback to Hurt and his co-conspirators, who would, in turn, pay kickbacks to the patient recruiters. As part of his plea, Hurt admitted to personally receiving more than $4.2 million from this scheme.
Second, Hurt engaged in a scheme that involved the payment of illegal kickbacks related to cancer genomic (CGx) testing, which was billed as if the testing were done in the Western District of Pennsylvania. In all, Medicare suffered a loss of more than $25 million from that scheme. CGx testing uses DNA sequencing to detect mutations in genes that could indicate a higher risk of developing certain types of cancers in the future.
Hurt admitted that, beginning in late 2018 and continuing through approximately October 2019, he and his co-conspirators, including individuals associated with so-called marketing entities, acquired thousands of CGx testing samples from Medicare beneficiaries located throughout the United States. Marketers used targeted campaigns to induce beneficiaries to submit CGx specimens by means of cheek swabs sent to their homes or provided to them at purported “health fairs” held throughout the United States.
Hurt directed these CGx specimens to be sent to Ellwood City Medical Center (ECMC), a hospital located in Ellwood City, Pennsylvania. Hurt further used ECMC as the billing entity for Medicare purposes despite the fact that the facility did not possess properly validated equipment to conduct any CGx testing on-site and, as such, ECMC staff were required, at Hurt’s direction, to repackage the samples and send them to third-party reference laboratories that were capable of completing the testing. In order to justify Medicare reimbursement for the CGx testing, Hurt and his co-conspirators obtained CGx prescriptions from telemedicine physicians without regard to the fact that the doctors did not conduct proper telemedicine visits, were not treating the Medicare beneficiaries for cancer or symptoms of cancer, and did not use the test results in the treatment of the beneficiaries.
During this time, Hurt directed ECMC staff to transfer millions of dollars from ECMC-related accounts to bank accounts that Hurt controlled. In turn, Hurt admitted using funds he obtained from ECMC to pay millions of dollars in kickbacks to the marketers, among others, in exchange for their efforts to obtain CGx samples. To disguise such kickbacks, Hurt entered into sham contracts with the marketers to make it appear that they were engaged in, and being paid for, legitimate marketing and referral services. Likewise, Hurt, acting through entities he controlled, entered into similar agreements and business arrangements with ECMC that disguised the payments he obtained from the facility as purportedly legitimate payments, including payments related to management services at ECMC’s laboratory. Payments, in fact, were based on the volume of CGx tests and the amount of resulting Medicare reimbursements. Hurt also admitted that he and others used a portion of Medicare reimbursements obtained through the fraudulent submission of CGx claims to engage in monetary transactions in excess of $10,000, including approximately $3 million in payments toward the purchase of a luxury watercraft in Florida called “In My DNA.”
Hurt’s third scheme involved illegal kickback payments and cancer genomic testing that caused an additional loss to Medicare of at least $53.3 million. Hurt was initially charged for his participation in that scheme in the District of New Jersey, before his case was transferred to the Western District of Pennsylvania for sentencing.In that scheme, Hurt admitted that he owned several clinical laboratories that conducted or arranged for a variety of medical tests, and that he paid kickbacks and bribes to various entities who supplied referrals and orders for CGx for Medicare and other health care benefit program beneficiaries, without regard to medical necessity. These laboratories submitted claims for payment to Medicare for these CGx tests, and Medicare reimbursed the laboratories without knowing that the services were not medically necessary or were procured through the payment of kickbacks. Hurt admitted paying kickbacks to entities who supplied referrals for each CGx test that was billed to Medicare and other health care benefit programs. To conceal the payments of bribes, Hurt and the suppliers entered into sham contracts to make it appear that the suppliers were engaged in, and being paid for, legitimate marketing and referral services. Hurt received at least $26.9 million from the $53.3 million reimbursed by Medicare.
First Assistant United States Attorney Rivetti commended the Federal Bureau of Investigation, Department of Health and Human Services – Office of Inspector General, Defense Criminal Investigative Service, United States Postal Inspection Service, Internal Revenue Service – Criminal Investigation, U.S. Department of Labor – Employee Benefits Security Administration, U.S. Department of Veterans Affairs – Office of Inspector General, Food and Drug Administration – Office of Criminal Investigation, and U.S. Army Criminal Investigation Division – Florida Fraud Resident Unit for the collaborative investigation leading to the successful prosecution of Hurt.
Bridgeville Resident Charged with Producing and Distributing Material Sexually Exploiting a MinorRead the Press Release
PITTSBURGH, Pa. - A resident of Bridgeville, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of producing and distributing material depicting the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.
The 11-count Indictment named Matthew Trax, 24, as the sole defendant.
According to the Indictment, in and around various dates in November 2023 through December 2023, Trax used, enticed, and persuaded a 14-year old female to engage in sexually explicit conduct to create videos and images involving the minor. In addition to producing this sexually explicit content, Trax also distributed sexually explicit material involving the same minor female.
The law provides for a sentence of not less than 15 years and up to 30 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Trax has been detained on state charges, and he remains detained pending trial.
Assistant United States Attorney Nicole A. Stockey is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and Mt. Lebanon Police Department conducted the investigation leading to the Indictment.
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 (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Resident Sentenced to Additional Prison Time for Possessing Contraband as InmateRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to an additional five months of incarceration on his conviction of possession of contraband by an inmate, United States Attorney Eric G. Olshan announced today.
United States Chief District Judge Mark R. Hornak imposed the sentence on Lajwan McMillan, 31.
According to information presented to the Court, three days after being sentenced to 18 months’ incarceration for violating the conditions of his federal supervised release and being sent back to prison, McMillan was found in possession of a cellular phone by officials at the Butler County Jail. Inmates in federal custody are prohibited by federal law from possessing cellular phones, and this criminal conduct is punishable by additional, consecutive time in prison.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
United States Attorney Olshan commended the United States Marshals Service, Butler County Detective Bureau, and officials at the Butler County Jail for the investigation leading to the successful prosecution of McMillan.
Recidivist Sex Offender Sentenced for Possessing Deepfake Child Sexual Abuse MaterialRead the Press Release
A Pennsylvania man was sentenced yesterday to 14 years and seven months in prison for possessing deepfake child sexual abuse material (CSAM) depicting numerous child celebrities.
According to court documents and evidence presented at trial, on two separate occasions, James Smelko, 57, of Pittsburgh, possessed and accessed pictures that digitally superimposed the faces of child actors onto nude bodies and bodies engaged in sex acts. Smelko possessed the pictures at his home in Pittsburgh. After law enforcement discovered the pictures during a search of Smelko’s computer, he was charged for possessing CSAM. While pending trial, Smelko was found to have violated his conditions of pretrial release by again accessing such images after incriminating web searches and images were detected by court-mandated monitoring software installed on his cell phone.
In November 2023, a federal jury in Pittsburgh convicted Smelko of one count of possessing child pornography and one count of accessing with the intent to view child pornography.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania; and Special Agent in Charge Kevin Rojek of the FBI Pittsburgh Field Office made the announcement.
The FBI Pittsburgh Field Office investigated the case.
Trial Attorney Gwendelynn Bills of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael Mitchell for the Western District of Pennsylvania prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse, launched in May 2006 by the Justice Department. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Recidivist Sex Offender Sentenced for Possessing Deepfake Child Sexual Abuse MaterialRead the Press Release
A Pennsylvania man was sentenced yesterday to 14 years and seven months in prison for possessing deepfake child sexual abuse material (CSAM) depicting numerous child celebrities.
According to court documents and evidence presented at trial, on two separate occasions, James Smelko, 57, of Pittsburgh, possessed and accessed pictures that digitally superimposed the faces of child actors onto nude bodies and bodies engaged in sex acts. Smelko possessed the pictures at his home in Pittsburgh. After law enforcement discovered the pictures during a search of Smelko’s computer, he was charged for possessing CSAM. While pending trial, Smelko was found to have violated his conditions of pretrial release by again accessing such images after incriminating web searches and images were detected by court-mandated monitoring software installed on his cell phone.
In November 2023, a federal jury in Pittsburgh convicted Smelko of one count of possessing child pornography and one count of accessing with the intent to view child pornography.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania; and Special Agent in Charge Kevin Rojek of the FBI Pittsburgh Field Office made the announcement.
The FBI Pittsburgh Field Office investigated the case.
Trial Attorney Gwendelynn Bills of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael Mitchell for the Western District of Pennsylvania prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse, launched in May 2006 by the Justice Department. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Greensburg Police Officer Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
PITTSBURGH, Pa. – A former police officer for Greensburg, Pennsylvania, pleaded guilty in federal court to engaging in a drug conspiracy, United States Attorney Eric G. Olshan announced today.
Regina McAtee, 51, of New Kensington pleaded guilty before United States District Judge Cathy Bissoon to one count of conspiracy to distribute methamphetamine.
As part of her guilty plea, McAtee admitted that she conspired to distribute methamphetamine (in the form of fake “Adderall” pills) with former Greensburg Chief of Police Shawn Denning and other drug suppliers. McAtee admitted that she and Denning would order the pills from online suppliers, that McAtee would pay for the pills, and that the pills would be delivered to McAtee’s residence. McAtee sold some of the pills back to Denning, who would then distribute the drugs to others. Denning pleaded guilty to a drug conspiracy charge on April 16, 2024, also before Judge Bissoon.
“As a sworn police officer, Regina McAtee’s job was to stop drug dealing,” U.S. Attorney Olshan said. “Instead, she worked with her boss at the time, Shawn Denning, to push more methamphetamine out into the community. Our office and our law enforcement partners will continue to aggressively pursue and prosecute drug dealing, regardless of whether it’s being committed by citizens on the street or those who wear a badge.”
Judge Bissoon scheduled sentencing for August 22, 2024. The law provides for a maximum total sentence of up to 20 years in prison, a fine of up to $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, United States Postal Inspection Service, Internal Revenue Service – Criminal Investigation, and Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Annapolis Resident Indicted on Sexual Exploitation of a Minor ChargesRead the Press Release
PITTSBURGH, Pa. - A resident of Annapolis, Maryland, has been indicted by a federal grand jury in Pittsburgh on charges related to the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.
The nine-count Indictment named George Luton, 49, as the sole defendant.
According to the Indictment, on multiple occasions in March 2024, Luton attempted to and did use, persuade, induce, entice, and coerce a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, and also attempted to do the same on another occasion. The Indictment further charges that, on April 6, 2024, Luton traveled in interstate commerce with a motivating purpose of engaging in illicit sexual conduct with another person.
The law provides for a sentence of up to 30 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Luton is detained pending trial.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Kiskiminetas Township Police Department, and Southern Armstrong Regional Police Department conducted the investigation leading to the Indictment.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
New Castle Resident Sentenced to More Than Eight Years in Prison for Drug Trafficking and Firearm ViolationsRead the Press Release
PITTSBURGH, Pa. – A resident of New Castle, Pennsylvania, has been sentenced to 97 months in federal prison for drug trafficking and firearm crimes, United States Attorney Eric G. Olshan announced today.
United States Senior District Judge David Stewart Cercone imposed the sentence on Maurice Collier, 33, also ordering Collier to serve three years of supervised release following his prison sentence. Collier previously pleaded guilty in this case to distributing cocaine base on September 17, 2020, and possessing with intent to distribute fentanyl, heroin, methamphetamine, cocaine, and cocaine base, as well as a firearm in furtherance of that drug trafficking crime, on November 4, 2020.
According to information presented to the Court, between September and November 2020, the Lawrence County Drug Task Force made four controlled purchases of cocaine and heroin directly from Collier. On November 4, 2020, the Drug Task Force served a search warrant at Collier’s New Castle residence and found a loaded and stolen pistol, $5,034 in drug trafficking proceeds, and quantities of fentanyl, heroin, cocaine, and methamphetamine. Collier was on bond with a pending drug trafficking charge in Pennsylvania state court at the time he committed these crimes. Prior to 2020, Collier had been convicted in New Jersey state court of committing cocaine trafficking and gun crimes and was sentenced to over six years of incarceration.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
United States Attorney Olshan commended the Lawrence County Drug Task Force, New Castle Police Department, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Collier.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Clairton Man with Prior Conviction Indicted for Possession of Firearm and NarcoticsRead the Press Release
PITTSBURGH, Pa. – A resident of Clairton, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms and narcotics laws, United States Attorney Eric G. Olshan announced today.
The two-count Indictment named Bradley Dawkins, 34, as the sole defendant.
According to the Indictment, on or about June 28, 2023, Dawkins possessed a firearm as a convicted felon. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition. The Indictment also alleges that, on the same day, Dawkins possessed with intent to distribute quantities of fentanyl, crack cocaine, and powder cocaine, all of which are Schedule II controlled substances.
The law provides for a maximum total sentence of up to 20 years in prison, a fine of not more than $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Benjamin C. Dobkin is prosecuting this case on behalf of the United States.
The Federal Bureau of Investigation and the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal Jury Convicts Penn Hills Man on Drug Trafficking and Firearms OffensesRead the Press Release
PITTSBURGH, Pa. - After deliberating for less than two hours, a federal jury on April 18, 2024, found Harry E. Duncan guilty of three counts of violating federal drug and firearms laws, United States Attorney Eric G. Olshan announced. The verdict of guilt included one count each of possession with intent to distribute fentanyl, cocaine, and crack cocaine; possession of firearms and ammunition by a convicted felon; and aiding and abetting the straw purchase of three firearms.
Duncan, 36, of the Penn Hills area of Pittsburgh, Pennsylvania, was tried before United States District Judge Christy Criswell Wiegand in Pittsburgh.
According to Assistant United States Attorneys Jerome A. Moschetta and Benjamin C. Dobkin, who prosecuted the case, the evidence presented at trial established that, in the fall of 2022, Duncan was the subject of an investigation by Allegheny County Police narcotics detectives for suspected involvement in drug trafficking. On November 18, 2022, the detectives served a search warrant on Duncan’s residence, finding in the basement over 1,000 stamp bags of fentanyl, significant amounts of unpackaged fentanyl powder, powder cocaine, and crack cocaine hidden in the ceiling. Throughout the basement, the detectives also discovered a large quantity of drug packaging materials, scales, cash, and 11 different cell phones.
In addition to the drugs and drug trafficking paraphernalia, detectives found a Ruger AR-556 semi-automatic rifle, a Winchester 12 gauge shotgun, several hundred rounds of ammunition, and several pistol cases. Further investigation revealed that Duncan, who previously had been convicted of a felony, had engaged a former drug customer to unlawfully straw purchase the rifle and two of the pistols. In December of 2020, at Duncan’s direction, that person lied on background investigation paperwork and falsely stated that they were the purchaser of the firearms, when, in fact, the firearms were for Duncan. Federal law prohibits possession of a firearm or ammunition by a convicted felon.
Judge Wiegand scheduled sentencing for August 29, 2024. The law provides for a maximum total sentence of up to 40 years in prison, a fine of up to $2.5 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the defendant’s prior criminal history. Pending sentencing, the Court remanded Duncan into the custody of the United States Marshals.
The Allegheny County Police Department, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to Duncan’s prosecution.
Chicago Man Sentenced to 4.5 Years in Prison for Pandemic Unemployment Benefits Fraud and Aggravated Identity TheftRead the Press Release
PITTSBURGH, Pa. - A resident of Chicago, Illinois, has been sentenced in federal court to 54 months in prison, to be followed by three years of supervised release, and $20,000 in restitution on his conviction of mail fraud and aggravated identity theft, United States Attorney Eric G. Olshan announced today.
United States District Judge William S. Stickman IV imposed the sentence on Christian Matthews, 35.
According to information presented to the Court, Matthews fraudulently obtained personal identifying information belonging to other people and used it to file claims for pandemic-related unemployment benefits. The Pandemic Unemployment Assistance Program was created to provide economic support to certain individuals unemployed as a result of the COVID-19 pandemic. Matthews used online marketplaces to purchase identifying information, including Social Security numbers, that had been stolen from victims. He then created fictitious businesses and used them to obtain mailing addresses from companies that rent shared office space. Finally, he used the stolen identity information to file fraudulent claims for Pandemic Unemployment Assistance benefits in states including Arizona, Nevada, and Pennsylvania, and had the resulting benefit cards sent via U.S. Mail to multiple business locations, including an office building in Pittsburgh, where Matthews would retrieve and use the benefits.
Assistant United States Attorney Jeffrey R. Bengel prosecuted this case on behalf of the government.
United States Attorney Olshan commended the United States Department of Labor Office of the Inspector General, United States Department of Homeland Security Investigations, United States Postal Inspection Service, and Findlay Township Police Department for the investigation leading to the successful prosecution of Matthews.
Previously Convicted Clinton Resident Pleads Guilty to Possession of Child Sexual Abuse MaterialRead the Press Release
PITTSBURGH, Pa. - A former resident of Clinton, Pennsylvania, pleaded guilty in federal court to a charge of possessing material depicting the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.
Roderick T. Long, 59, pleaded guilty to one count before United States District Judge J. Nicholas Ranjan.
In connection with the guilty plea, the Court was advised that, on March 9, 2020, Long—who had previously served a 121-month federal sentence of imprisonment for receiving material depicting the sexual exploitation of a minor—was found in possession of more than 500 videos and still images in computer graphics and digital files depicting the sexual exploitation of minors, many of whom had not attained the age of 12 years. The Pennsylvania State Police had obtained a search warrant for Long’s home, where they found the sexually exploitive material saved in his laptop computer and cellular telephone.
Judge Ranjan scheduled sentencing for August 8, 2024. The law provides for a maximum total sentence of not less than 10 years and up to 20 years in prison, a fine of $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the Court ordered that Long remain in custody.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Pennsylvania State Police conducted the investigation that led to the prosecution of Long.
U.S. Attorney’s Office Honors Crime Victims and Victims’ Rights Advocates at Annual CeremonyRead the Press Release
PITTSBURGH, Pa. – As part of National Crime Victims’ Rights Week, the United States Attorney’s Office for the Western District of Pennsylvania again honored a number of crime victims for their strength and resiliency, as well as law enforcement personnel, community partners, and attorneys for their exceptional service to victims of crime during the office’s annual Victim and Victim Advocates Recognition Ceremony that took place yesterday afternoon in the Joseph F. Weis Jr. United States Courthouse.
President Ronald Reagan first proclaimed National Crime Victims’ Rights Week in 1981 to bring greater attention and respect to the needs and rights of victims of crime. Each April, the United States Attorney’s Office for the Western District of Pennsylvania joins U.S. Attorney’s Offices and other federal, state, and local communities across the country in observing National Crime Victims’ Rights Week by honoring victims of crime and those who advocate on their behalf. The U.S. Attorney’s Office also participates in several events throughout the district to bring awareness to the services available to victims. National Crime Victims’ Rights Week is April 21-27. The theme is “How would you help? Options, services, and hope for crime survivors,” with a focus on creating safe environments for crime victims to share their experiences and offer support, options for life-saving services, and most importantly, hope.
“Crime does not discriminate. It finds victims from all walks of life and makes them members of a club they never wanted to join,” said U.S. Attorney Eric G. Olshan. “The strength and resilience victims of crime demonstrate throughout the criminal justice process is truly remarkable, and we are proud to stand beside them every step of the way. The work that our office and our partners—inside and outside government—do to support these individuals, protect and enforce their rights under the law, and pursue justice on their behalf is at the core of what we do.”
In addition to honoring several civilian victims of crime during the ceremony, the U.S. Attorney’s Office presented awards to several members of the office and law enforcement and community partners, recognizing their work on behalf of victims of crime throughout the past year. Law enforcement and community partner award recipients included:
• Five physically injured members of the Pittsburgh Bureau of Police—Officers Daniel Mead, Michael Smidga, Anthony Burke, Timothy Matson, and John Persin—were honored with Strength and Resiliency Awards for their bravery in responding to the October 2018 Tree of Life Synagogue shooting and their assistance in the resulting investigation and prosecution.
• Federal Bureau of Investigation Special Agent Carla Durrant was honored with an Outstanding Service Award for her role as the lead investigator in a case involving hate crimes committed by two defendants against more than a dozen severely disabled, non-verbal residents of a Western Pennsylvania health care facility.
• Homeland Security Investigations Special Agents Michael Radens and Carey Smith and Assistant United States Attorney Jeffrey Bengel were recognized with Outstanding Service Awards for their roles in the successful dismantling and prosecution of a large-scale conspiracy to defraud elderly victims. A local bank manager was also honored for quickly alerting local law enforcement when a victim attempted to withdraw a substantial sum of cash based on false representations made to the victim by members of the conspiracy.
• Margie Rosselli from the Clearfield County Victim Witness Office was recognized with an Outstanding Service Award for her work providing primary advocacy assistance to a victim and the victim’s family members in a case involving the sexual exploitation of a child.
• Assistant United States Attorney Heidi Grogan was honored with the U.S. Attorney’s Victim Advocate Award for both her role as the office’s Project Safe Childhood coordinator and her advocacy for victims and victims’ rights in each of her own cases. By ensuring that victims are regularly updated and consulted regarding case developments and allowing time to meet with victims whenever they have questions, Ms. Grogan has fostered increased trust with and participation from victims and their families, resulting in numerous successful convictions and sentencings.
• Victim Assistant Specialist Adrienne Howe also was awarded the U.S. Attorney’s Victim Advocate Award for her outstanding years of service in all facets of the work at the U.S. Attorney’s Office on behalf of crime victims, and in particular for her years of assistance to the those impacted by the Tree of Life Synagogue shooting and her tireless support of those crime victims during the months-long capital trial.
The United States Attorney’s Office for the Western District of Pennsylvania is committed to ensuring that federal crime victims are afforded all rights to which they are entitled by law. To learn more about our Victim Witness services, please visit our website at https://www.justice.gov/usao-wdpa/vw.
More Than Six Years After Fleeing the U.S., Dominican Republic Native Sentenced to 6.5 Years in Federal Prison for Smuggling $2 Million in HeroinRead the Press Release
PITTSBURGH, Pa. - A Dominican Republic native and former New York City resident has been sentenced in federal court to 78 months of incarceration, to be followed by five years of supervised release, on his conviction for federal drug trafficking offenses, United States Attorney Eric G. Olshan announced today.
United States District Judge Robert J. Colville imposed the sentence on Habys Omar Meran, age 38.
According to information presented to the Court, on January 26, 2016, Meran was driving a van containing a sophisticated, hydraulically activated hidden compartment when stopped on Interstate 80 by a Pennsylvania State Trooper who specializes in drug interdiction. The compartment was found to contain over four kilograms of heroin, an amount valued at over $2 million when packaged and sold on the street. Meran’s passenger—his relative Juan Wilquin Hernandez-Bourdier—was convicted by a jury of all charges on December 13, 2018, and is currently serving a 10-year sentence in the Federal Bureau of Prisons. But prior to Meran’s trial, Meran removed his ankle monitor and fled the country on November 23, 2017. The United States Marshals Service initiated a fugitive investigation and Meran was arrested in the Dominican Republic in 2023 and subsequently extradited back to the United States under an international treaty with the Dominican Republic government.
Prior to imposing sentence, Judge Colville stated that the seriousness of Meran’s drug-trafficking actions and his subsequent flight from justice warranted the significant sentence imposed. Judge Colville also ordered that the vehicle used to transport the drugs be forfeited to the federal government and noted that Meran will be deported to the Dominican Republic after serving his 78-month term of imprisonment.
Assistant United States Attorneys Ross E. Lenhardt and James R. Wilson prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Department of Homeland Security Investigations for the investigation that led to the prosecution of both Meran and Hernandez-Bourdier, with valuable assistance from the Pennsylvania State Police Interdiction Team, Pennsylvania State Police Crime Lab, Department of Homeland Security Crime Lab, United States Marshals Service, and Drug Enforcement Administration.
Jamestown Resident Sentenced to Seven Years in Prison for Possession and Distribution of Child PornographyRead the Press Release
ERIE, Pa. - A resident of Jamestown, Pennsylvania, has been sentenced in federal court to 84 months in prison, to be followed by 15 years of supervised release, and ordered to pay restitution in the amount of $7,000 on his conviction of violating federal laws relating to the sexual exploitation of children, United States Attorney Eric G. Olshan announced today.
United States District Judge Susan Paradise Baxter imposed the sentence on Hank Thomas Fisher, 22.
According to information presented to the Court, from March 2020 to August 2021, Fisher distributed images and videos depicting prepubescent minors engaging in sexually explicit conduct. Fisher also possessed thousands of images and videos of child sexual abuse material.
Prior to imposing sentence, Judge Baxter noted the lifelong impact that these crimes will have on the young victims depicted in the child sexual abuse material.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Federal Bureau of Investigation and Pennsylvania State Police for the investigation leading to the successful prosecution of Fisher.
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 (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Employee of Beaver County Health Care Facility Sentenced to 10 Years in Prison Following Conviction on Federal Hate Crime Charges Related to Assaults Against Disabled ResidentsRead the Press Release
PITTSBURGH, Pa. – A resident of Beaver County, Pennsylvania, was sentenced in federal court today for conspiring to commit and carrying out hate crimes against numerous severely disabled victims, United States Attorney Eric G. Olshan announced today.
United States District Judge J. Nicholas Ranjan sentenced Tyler Smith, 34, of New Brighton, Pennsylvania, to 120 months’ imprisonment, followed by three years of supervised release. Smith previously pleaded guilty to one count of conspiracy and one count of violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act.
“Today’s sentencing holds Tyler Smith accountable for the abhorrent and degrading assaults he and Zachary Dinell carried out against more than a dozen victims—simply because they were disabled,” U.S. Attorney Olshan said. “Hate crimes target and terrorize not just individuals but whole communities. Our hope is that today’s result brings some measure of closure to the victims’ families who have shouldered the crushing burden of Smith’s and Dinell’s conduct for so many years. This office and our partners at the FBI will continue to work every day to give voice to the voiceless and protect the most vulnerable members of our communities.”
“I hope today’s decision brings some comfort to the families impacted by this egregious crime,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “Today’s sentencing shows there is no room for hatred, and crimes against our most vulnerable citizens will be met with the force of justice. The FBI and our partners stand committed to safeguarding the rights and dignity of every individual.”
According to admissions made during Smith’s plea hearing, he and co-defendant Zachary Dinell were employees of an in-patient health care facility located in New Brighton, Pennsylvania. Residents of the facility suffered from a range of severe physical, intellectual, and emotional disabilities, and required assistance with all activities of daily life, including bathing, using the bathroom, oral hygiene, feeding, and dressing. As members of the facility’s Direct Care Staff, Smith admitted that he and Dinell were responsible for providing this daily assistance to residents.
From approximately June 2016 to September 2017, Smith admitted that he and Dinell engaged in a conspiracy to commit hate crimes against a total of 13 residents of the facility because of the residents’ actual or perceived disabilities. Many of the victims required the use of a wheelchair. Smith and Dinell carried out assaults in a variety of ways, including by punching and kicking residents, rubbing Purell hand sanitizer in their eyes, spraying mouthwash in their eyes and mouths, and, in one instance, removing a resident’s compression stocking in a manner intended to inflict pain. Several of these assaults were recorded on Dinell’s cell phone. In one instance, Smith admitted jumping on top of a 13-year-old minor while the child was lying prone on his bed with the lights off, and while Dinell filmed the incident on his cellular phone. Smith further acknowledged that immediately after recording the video, Dinell texted the video to him.
As part of the conspiracy, Smith also admitted that he and Dinell exchanged graphic text messages in which they expressed their animus toward the disabled residents, shared photographs and videos of residents, described their assaults, and encouraged each other’s continued abuse of residents.
Smith further admitted that he and Dinell were able to avoid detection by, among other things, exploiting their one-on-one access to residents of the facility and the fact that the victims were non-verbal and could not report the defendant’s alleged abuse. Due to their physical disabilities, the residents also were not able to defend themselves against the assaults.
Zachary Dinell previously pleaded guilty to all charges and was sentenced to 17 years’ imprisonment, followed by three years’ supervised release.
United States Attorney Eric G. Olshan and Assistant United States Attorneys Carolyn J. Bloch and Brendan J. McKenna prosecuted this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the charges against Smith and Dinell.
Sharon Resident Sentenced to More Than Five Years in Prison for Cocaine Trafficking and Firearm ViolationsRead the Press Release
PITTSBURGH, Pa. - A resident of Sharon, Pennsylvania, was sentenced to 65 months in federal prison for committing cocaine trafficking and firearm crimes, United States Attorney Eric G. Olshan announced today.
United States Senior District Judge Joy Flowers Conti imposed the sentence on Raymond Briskey, 38, also ordering Briskey to serve three years of supervised release following his prison sentence.
Briskey previously pleaded guilty in this case to possessing with intent to distribute cocaine and cocaine base on October 21, 2020, and to possessing a firearm in furtherance of that drug trafficking crime. Prior to sentencing, the Court was informed that, when committing these crimes, Briskey had outstanding bench warrants for failures to appear to address drug trafficking and theft charges in two counties in Ohio and to be sentenced for contraband and drug convictions in two cases in Mercer County, Pennsylvania.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
United States Attorney Olshan commended the Mercer County Drug Task Force, Pennsylvania Office of Attorney General, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Briskey.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Pittsburgh Man Pleads Guilty to Cocaine Conspiracy ChargeRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of conspiracy to distribute and possess with intent to distribute a quantity of cocaine, United States Attorney Eric G. Olshan announced today.
James Stewart, 44, pleaded guilty on April 16, 2024, to one count before United States District Judge Robert J. Colville.
In connection with the guilty plea, the Court was advised that a long-term investigation into drug-trafficking and illegal firearms activity in the Western District of Pennsylvania involving, among others, Anthony Peluso, a heroin and cocaine trafficker who supplied narcotics to lower-level drug traffickers, identified Stewart as one of Peluso’s customers. This included Stewart meeting with Peluso or his associates on multiple occasions to obtain cocaine that Stewart then redistributed to others. The investigation was conducted by the Greater Pittsburgh Safe Streets Task Force, led by the Federal Bureau of Investigation.
Judge Colville scheduled sentencing for August 15, 2024. The law provides for a maximum total sentence of up to 20 years in prison, a fine of up to $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Rebecca L. Silinski and Jonathan D. Lusty are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the United States Postal Inspection Service, Drug Enforcement Administration, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Pennsylvania State Police, Pittsburgh Bureau of Police, and Pennsylvania Office of Attorney General Bureau of Narcotics Investigations. Other assisting agencies include the Allegheny County Police Department, Baldwin Police Department, Brentwood Police Department, McKees Rocks Police Department, Stowe Township Police Department, and West Deer Township Police Department.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Pittsburgh Health Care Facility Owner Indicted on 33 Counts, Including Fraud, Money Laundering, and Making False Statements Related to Health Care MattersRead the Press Release
PITTSBURGH, Pa. – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of health care fraud, making false statements relating to health care matters, and money laundering, United States Attorney Eric G. Olshan announced today.
The 33-count Indictment named Kelley Oliver-Hollis, 59, as the sole defendant.
According to the Indictment, from December 2016 to July 2023, Oliver-Hollis, as owner of SerenityCare LLC, located in Penn Hills, schemed to overbill Pennsylvania Medicaid in connection with services SerenityCare provided to residents with intellectual disabilities. The Indictment asserts that, as part of the scheme to defraud, Oliver-Hollis failed to adequately train direct care workers in the proper care of residents, failed to keep adequate records, and allowed the residents’ homes to fall into a state of disrepair. In addition, according to the Indictment, Oliver-Hollis submitted false and fraudulent claims regarding the care and staffing provided to residents, which caused an overpayment of Medicaid benefits in excess of $2 million dollars.
The law provides for a maximum total sentence of up to 10 years in prison and a fine of up to $250,000 on the health care fraud charge; up to five years in prison and a fine of up to $250,000 on the false statements relating to health care matters charge; and up to 10 years in prison and a fine of $250,000 on the money laundering charge. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Internal Revenue Service, Department of Health and Human Services, U.S. Department of Labor, Allegheny County District Attorney’s Office, and Pennsylvania Attorney General’s Office conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
The United States Attorney’s Office’s efforts to combat healthcare fraud are frequently made possible by tips from the community. To report suspected fraud, please contact the FBI’s healthcare fraud tipline at [email protected] or the Department of Health and Human Services at 1-800-HHS-TIPS.
Justice Department Seizes Four Web Domains Used to Create over 40,000 Spoofed Websites and Store the Personal Information of More Than a Million VictimsRead the Press Release
PITTSBURGH, Pa. – United States Attorney Eric G. Olshan announced today the seizure of four domains used by the administrators and customers of a domain spoofing service. The domain seizures were authorized pursuant to seizure warrants issued in the Western District of Pennsylvania and were executed in coordination with the arrest of dozens of administrators and customers of the illicit service by foreign law enforcement agencies.
According to court records, the United States obtained authorization to seize the domains as part of an investigation of the spoofing service operated through the Lab-host.ru domain (LabHost), which resolves to a Russian internet infrastructure company. LabHost provided online infrastructure and interactive functionality for its subscription-based services. According to court records, customers of LabHost used its services to create and manage spoofed websites designed to look like the legitimate websites of businesses such as Amazon, Netflix, Wells Fargo, Bank of America, and Chase Bank. LabHost customers used the spoofed websites to lure unwitting victims into disclosing their personally identifiable information (PII)—e.g., date of birth, email address, password, address, and credit card information—on the websites the victims believed were legitimate. In turn, according to court documents, LabHost’s customers used the stolen PII to engage in unauthorized financial transactions at the expense of the victims. As outlined in court records, LabHost has been used to create over 40,000 spoofed websites, and its infrastructure has stored over one million user credentials and nearly 500,000 compromised credit cards.
The warrants authorized the seizure of the following four domains associated with application programming interface (API) services used to install spoofed websites and manage LabHost’s phishing and credential-theft operations: Instapi-1xoa93z90o348fz.co, Api2-4hdfix74ks.co, Api1-9kcpqcf7olw1w300w3m6.cc, and Api-d789342789342uy432hjf87df87dfk.cc. The four LabHost API domains were registered to NameSilo, LLC, a third-party webhosting service based in the United States. According to court records, the seized domains represented property used to commit violations of federal criminal law, including access device fraud, computer fraud, wire fraud, identity theft, and money laundering.
The effect of the domain seizures was to shut down the LabHost platform.
“Together with our international partners, the Justice Department has disrupted another cybercrime scheme originating from Russia that enabled criminals to steal from over a million victims in the United States and around the world,” said Attorney General Merrick B. Garland. “I am grateful to the U.S. Attorney’s Office for the Western District of Pennsylvania, the FBI, and our partners at the Secret Service for their work on this case, and to our foreign law enforcement partners whose efforts have led to the arrests of dozens of LabHost administrators and users.”
“The theft of personal information—and the financial ruin that often follows—should never be just another cost of using the internet for ordinary citizens,” U.S. Attorney Olshan said. “Today’s domain seizures show that cybercriminals’ greed will not go unchecked—no matter their sophistication and geographic reach. We will continue to work with our domestic and foreign law enforcement partners, using all available tools, to protect the global public.”
“Seizing LabHost and arresting those involved will have a systemic impact on transnational cybercrime,” said Special Agent in Charge Timothy P. Burke, U.S. Secret Service Pittsburgh Field Office. “We are proud to work with our foreign and domestic law enforcement partners as we continue to counter those engaged in cybercrime.”
“Behind every cybercrime-as-a-service operation lurks one thing: financial devastation,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “The FBI and our global partners will continue to aggressively pursue anyone who thinks they can get rich by stealing from hard-working Americans. Selling cybercrime tools has ripple effects that go far beyond the businesses and borders of America. With every theft and intrusion, the public loses more and more trust in our critical digital infrastructure.”
The domain seizures in the United States occurred in conjunction with the international arrests of dozens of LabHost administrators and customers facing criminal charges in more than a dozen foreign countries. Law enforcement authorities from the following countries participated in the investigation: Australia, Austria, Belgium, Canada, Czechia, Estonia, Finland, Ireland, Malta, the Netherlands, New Zealand, Poland, Portugal, Romania, Spain, Sweden, and the United Kingdom.
Assistant United States Attorney Mark V. Gurzo is representing the government in this matter.
The Federal Bureau of Investigation and United States Secret Service conducted the investigation in the United States, and the international investigation was led by the United Kingdom’s London Metropolitan Police, with the support of Europol’s European Cybercrime Centre and Joint Cybercrime Action Taskforce.
###
Link to seizure warrant (unsealed by the Court on 4/18/2024)
Link to Europol press release on seizuresPittsburgh Convicted Felon Charged with Possession of Firearm and AmmunitionRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating a firearms law, United States Attorney Eric G. Olshan announced today.
The one-count Indictment named Kenneth Gaines, 33, as the sole defendant.
According to the Indictment, on February 15, 2024, Gaines, who has prior felony convictions, possessed a firearm and ammunition. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.
The law provides for a maximum total sentence of up to 15 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorneys Michael R. Ball and Kelly M. Locher are prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Michigan Resident Sentenced to 20 Years in Prison for Sexual Exploitation of a MinorRead the Press Release
PITTSBURGH, Pa. - A resident of Lowell, Michigan, was sentenced in federal court on April 16, 2024, to 20 years of incarceration, to be followed by 15 years of supervised release, on his conviction on three counts related to the sexual exploitation of a minor from the Western District of Pennsylvania, United States Attorney Eric G. Olshan announced today.
United States Senior District Judge Arthur J. Schwab imposed the sentence on Frank Davis, 31.
According to information presented to the Court, during online chats in August 2022, Davis sent obscene videos depicting himself engaged in sexually explicit conduct to a minor. During the conversation, Davis also induced the minor to create and send images and videos of themself engaged in sexually explicit conduct to Davis.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Olshan commended Homeland Security Investigations-Pittsburgh, the Pennsylvania State Police, Homeland Security Investigations-Grand Rapids (Michigan), and the Lowell Police Department (Michigan) for the investigation leading to the successful prosecution of Davis.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Pittsburgh Resident Sentenced for Possession of Firearm with Obliterated Serial NumberRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to time served—approximately 16 months of imprisonment—to be followed by three years of supervised release on his conviction of possession of a firearm with an obliterated serial number, United States Attorney Eric G. Olshan announced today.
United States Senior District Judge David S. Cercone imposed the sentence on Raymond Young, 22.
According to information presented to the Court, on January 12, 2022, Allegheny County Police detectives were working in the Homestead area on a violent crime suppression detail when they observed Young preparing to smoke marijuana. When approached by the detectives, Young reached for his waistband, where he had concealed a stolen and loaded Glock 23 semi-automatic handgun with a round in the chamber. The serial numbers on the slide and frame of the weapon were obliterated. Also recovered from Young’s person incident to his arrest were $544 in cash, approximately 100 grams of marijuana, and a black digital scale.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Allegheny County Police Department for the investigation leading to the successful prosecution of Young.
Moldovan Botnet Operator Indicted for Role in Conspiracy to Unlawfully Access Thousands of Infected Computers Throughout the United StatesRead the Press Release
Note: Click here to view the wanted poster for Alexander Lefterov
PITTSBURGH, Pa. - A Moldovan national has been indicted by a federal grand jury in Pittsburgh for computer fraud crimes, aggravated identity theft, and conspiracy to commit wire fraud, United States Attorney Eric G. Olshan announced today.
The nine-count Indictment names Alexander Lefterov, a/k/a “Alipako,” a/k/a “Uptime,” a/k/a “Alipatime,” age 37, of Chisinau, Moldova, as the sole defendant.
According to the Indictment, from March 2021 through November 2021, Lefterov and his co-conspirators operated and controlled a botnet comprising thousands of infected computers throughout the United States, including in the Western District of Pennsylvania. Lefterov’s co-conspirators allegedly included “coders” who used their technical expertise to maintain and update the botnet over time. During the conspiracy, Lefterov and his co-conspirators stole victims’ login credentials—i.e., usernames and passwords—from the infected computers and then used the credentials to gain access to victim accounts at financial institutions, payment processers, and retail establishments as means to steal money from the victims. To further monetize the scheme, Lefterov allegedly leased the botnet to other co-conspirators by providing them access to infected computers as well as to the victims’ stolen credentials. Lefterov and his co-conspirators also provided access to the botnet for the purpose of distributing malware, including ransomware, to infected computers within the botnet. As the owner and operator of the botnet, Lefterov allegedly received a percentage-share of profits derived from the scheme.
“Lefterov and his co-conspirators allegedly used their sophisticated cyber skills and capabilities to victimize people throughout the country without regard for the financial havoc they wreaked,” U.S. Attorney Olshan said. “This case illustrates the resolve of our office and the law enforcement community to identify and pursue accountability from those who seek to exploit technology for their own personal gain at the expense of ordinary citizens. We will continue our collective fight to keep our neighbors safe regardless of whether they’re out on the street or sitting behind their keyboards.”
“Protecting Americans in cyber space is a top priority, and we will aggressively pursue anyone, no matter if they’re on U.S. soil or overseas, who believes our population is an easy target,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “The FBI and our partners will continue investigating the sources behind malware intrusions and the hijacking of machines for malicious attacks against Americans online. We urge everyone to practice secure cyber hygiene.”
“The United States Secret Service continues to locate cyber criminals wherever they may be, whether domestically or hiding abroad,” said Special Agent in Charge Timothy Burke, U.S. Secret Service Pittsburgh Field Office. “Working with our partners, we will continue these investigations to safeguard Americans from cyber fraud and other illicit activities.”
The Indictment against Lefterov was returned on December 28, 2021, and unsealed today.
The conspiracy to commit computer fraud, unauthorized access of a protected computer to obtain information for financial gain, and conspiracy to commit wire fraud offenses each carry a maximum penalty of five years in prison. The intentional damage to a protected computer offense carries a maximum penalty of 10 years in prison, and the maximum penalty for each of the aggravated identity theft offenses is not less than two years of imprisonment to run consecutively to any other term of imprisonment imposed. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and United States Secret Service conducted the investigation leading to the Indictment in this case. The Justice Department’s Office of International Affairs provided valuable assistance in this matter, as did Lithuanian and Moldovan authorities.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Greensburg Police Chief Pleads Guilty to Methamphetamine and Cocaine ConspiracyRead the Press Release
PITTSBURGH, Pa. – The former chief of police for Greensburg, Pennsylvania, pleaded guilty in federal court to engaging in a drug conspiracy, United States Attorney Eric G. Olshan announced today.
Shawn Denning, 43, of Delmont, Pennsylvania, pleaded guilty before United States District Judge Cathy Bissoon to one count of conspiracy to distribute over 50 grams of methamphetamine and a quantity of cocaine.
As part of his guilty plea, Denning admitted that, while serving as a captain of the Greensburg Police Department and continuing through his tenure as chief of the department, he conspired with others to distribute methamphetamine (in the form of fake “Adderall” pills) and cocaine to individuals in the Western District of Pennsylvania and across the country, including in Georgia, Texas, and Oklahoma. Denning boasted to a DEA confidential source that he could connect the source with “heavy hitters” across the country who would deliver drugs through the mail, later sending the source drug menus and prices, vouching for the source to the narcotics suppliers, communicating with the suppliers, and otherwise facilitating narcotics transactions. Toward the end of the investigation, Denning was recorded in an undercover operation discussing the drug conspiracy with the confidential source and admitting to his conduct.
Denning also admitted that he conspired with former Greenburg Police Officer Regina McAtee, whom Denning used to purchase drugs from the suppliers and then as a source for drugs for himself when McAtee received the orders. McAtee was charged by a separate criminal Information and is scheduled to plead guilty on May 1, 2024.
“Instead of catching drug dealers, Shawn Denning chose to be one by participating in a cross-country methamphetamine and cocaine conspiracy,” U.S. Attorney Olshan said. “Holding corrupt public officials accountable when they betray their oath to protect and serve the community remains a priority of this office and our partners in the law enforcement community.”
Judge Bissoon scheduled sentencing for August 13, 2024. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of up to $5 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, United States Postal Inspection Service, Internal Revenue Service – Criminal Investigation, and Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Convicted Felon from Greenville Pleads Guilty to Possession of Firearm and AmmunitionRead the Press Release
PITTSBURGH, Pa. – A resident of Greenville, Pennsylvania, pleaded guilty in federal court on April 15, 2024, to possessing a firearm and ammunition after a prior felony conviction, United States Attorney Eric G. Olshan announced today.
Devon Smith, 26, pleaded guilty before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the Court was advised that Smith possessed a firearm and ammunition in December of 2021 following a previous felony conviction. Federal law prohibits possession of a firearm or ammunition by a convicted felon.
Judge Bissoon scheduled sentencing for July 30, 2024. The law provides for a maximum total sentence of up to 10 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Pennsylvania Office of Attorney General, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the conviction of Smith.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Ambridge Resident Charged with Possession of MachinegunRead the Press Release
PITTSBURGH, Pa. - A resident of Ambridge, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh for violating federal firearms law, United States Attorney Eric G. Olshan announced today.
The one-count Indictment named Nasean Hunt, 18, as the sole defendant.
According to the Indictment, on or about July 9, 2023, in the Western District of Pennsylvania, Hunt illegally possessed a machinegun—a 9mm Glock handgun affixed with a gold “automatic conversion switch.” Federal law prohibits the possession of a machinegun as well as any part, such as a switch, that is designed for use in converting a weapon into a machine.
The law provides for a maximum total sentence of up to 10 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney DeMarr W. Moulton is prosecuting this case on behalf of the government.
The Beaver County Detective Bureau and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
East Pittsburgh Man Sentenced to Prison for Interstate Threats to Injure OthersRead the Press Release
PITTSBURGH, Pa. - A resident of East Pittsburgh, Pennsylvania, has been sentenced in federal court to 16 months of imprisonment on his conviction of interstate communications containing a threat to injure another person, United States Attorney Eric G. Olshan announced today.
United States District Judge J. Nicholas Ranjan imposed the sentence on Robert Notter, 35.
According to information presented to the Court, Notter made threats to numerous individuals, businesses, and organizations located in the Middle District of North Carolina while he was residing in East Pittsburgh. This included Notter sending text messages and leaving voicemails pretending to be another individual and threatening to kill the recipients.
Assistant United States Attorney Jonathan D. Lusty prosecuted this case on behalf of the government.
United States Attorney Olshan commended the U.S. Department of Homeland Security for the investigation leading to the successful prosecution of Notter.
Castle Shannon Resident Sentenced to Nine Years in Prison for Possession of Methamphetamine and Cocaine with Intent to DistributeRead the Press Release
PITTSBURGH, Pa. - A resident of Castle Shannon, Pennsylvania, was sentenced in federal court on April 10, 2024, to 108 months of imprisonment, to be followed by four years of federal supervised release, after pleading guilty to possession with intent to distribute more than 50 grams of methamphetamine and a quantity of cocaine, United States Attorney Eric G. Olshan announced today.
United States Senior District Judge Arthur J. Schwab imposed the sentence on Michael Hunsinger, 58.
According to information presented to the Court, on June 3, 2022, the Castle Shannon Police Department executed a search warrant at Hunsinger’s residence as part of a narcotics investigation within the community. During the search, law enforcement seized large quantities of cocaine and methamphetamine from the residence.
Assistant United States Attorney Nicole Stockey prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Federal Bureau of Investigation and Castle Shannon Police Department for the investigation leading to the successful prosecution of Hunsinger.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
New Castle Man Sentenced to Seven Years in Prison for Fentanyl and Cocaine ViolationsRead the Press Release
PITTSBURGH, Pa. – A resident of New Castle, Pennsylvania, has been sentenced to 84 months in federal prison for committing fentanyl and cocaine trafficking crimes, United States Attorney Eric G. Olshan announced today.
United States District Judge Cathy Bissoon imposed the sentence on Rayjzon Sams, 31, also ordering Sams to serve six years of supervised release following his prison sentence.
Sams previously pleaded guilty in this case to committing the following crimes in 2020 and 2021: (1) conspiring to distribute cocaine and crack, (2) distributing crack within 1,000 feet of a school, and (3) possessing fentanyl and crack with intent to distribute. According to information presented to the Court, Sams engaged in fentanyl and cocaine trafficking in Lawrence and Mercer counties despite several prior convictions and incarceration sentences from state prosecutions during the preceding 10 years, including for cocaine trafficking and aggravated assault. Sams was on bond and probation, subject to house arrest, at the time he was trafficking fentanyl and cocaine.
Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller prosecuted this case on behalf of the United States.
United States Attorney Olshan commended the Federal Bureau of Investigation, Drug Enforcement Administration, Pennsylvania Attorney General’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennsylvania State Police, Lawrence County Drug Task Force, Mercer County Drug Task Force, New Castle Police Department, Sharon Police Department, Hermitage Police Department, and Farrell Police Department for the investigation leading to the successful prosecution of Sams.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
New Brighton Resident Pleads Guilty to Methamphetamine Trafficking ChargeRead the Press Release
PITTSBURGH, Pa. – A resident of New Brighton, Pennsylvania, pleaded guilty in federal court to a drug trafficking charge, United States Attorney Eric G. Olshan announced today.
Anthony Besiso, 62, pleaded guilty before United States Senior District Judge Nora Barry Fischer to possession with intent to distribute a quantity of a mixture and substance containing a detectable amount of methamphetamine.
Between June 2021 and January 2022, the Beaver County Anti-Drug Task Force conducted an investigation into a drug trafficking organization in New Brighton. In connection with Besiso’s guilty plea, the Court was advised that numerous controlled purchase and surveillance operations demonstrated that Besiso would obtain methamphetamine from a source of supply in Ohio and then sell it to distributors in the Western District of Pennsylvania. On January 28, 2022, law enforcement executed a federal search warrant upon Besiso’s New Brighton residence, which resulted in the seizure of three digital scales and about 103 net grams of methamphetamine, a Schedule II controlled substance.
Judge Fischer scheduled sentencing for July 19, 2024. The law provides for a maximum total sentence of up to 20 years of imprisonment, a fine of up to $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.
The Beaver County Anti-Drug Task Force and Federal Bureau of Investigation conducted the investigation that led to the prosecution of Besiso.
McKees Rocks Convicted Felon Sentenced to More than Three Years in Prison for Possession of Loaded FirearmRead the Press Release
PITTSBURGH, Pa. – A resident of McKees Rocks, Pennsylvania, has been sentenced in federal court to 37 months of imprisonment on his conviction for possession of a firearm and ammunition by a convicted felon, United States Attorney Eric G. Olshan announced today.
United States District Judge Christy Criswell Wiegand imposed the sentence on Shawn Layne, 39.
According to information presented to the Court, on June 14, 2023, the Federal Bureau of Investigation and Pennsylvania State Police executed a search warrant upon Layne’s residence, which resulted in the seizure of a loaded handgun from the bedroom. At the time Layne possessed the loaded firearm, he had been convicted of multiple felony drug offenses through the Allegheny County Court of Common Pleas. Federal law prohibits possession of a firearm or ammunition by a convicted felon.
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Federal Bureau of Investigation and Pennsylvania State Police for the investigation leading to the successful prosecution of Layne.
Gibsonia Resident Sentenced to Prison and Ordered to Pay $2.6 Million in Restitution for Long-Term Tax EvasionRead the Press Release
PITTSBURGH, Pa. - A resident of Gibsonia, Pennsylvania, has been sentenced in federal court to 24 months of incarceration, to be followed by three years of supervised release, and ordered to pay restitution to the Internal Revenue Service in the amount of $2,613,933.92 on his conviction of tax evasion, United States Attorney Eric G. Olshan announced today.
United States Senior District Judge David S. Cercone imposed the sentence on Eli M. Zatezalo, 52.
According to information presented to the Court, from October 2009 to January 2022, Zatezalo avoided the payment of outstanding tax liability to the IRS by transferring income into financial accounts of others to avoid IRS collection efforts.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Internal Revenue Service for the investigation leading to the successful prosecution of Zatezalo.
Former California Resident Involved in Interstate Cocaine Trafficking Organization Pleads GuiltyRead the Press Release
PITTSBURGH, Pa. – A former resident of Oxnard, California, pleaded guilty in federal court on April 10, 2024, to a drug trafficking charge, United States Attorney Eric G. Olshan announced today.
Christopher Andrew Salgado, 24, pleaded guilty before United States District Judge W. Scott Hardy to one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.
In connection with the guilty plea, the Court was advised that, between March 2022 and September 2022, an Organized Crime Drug Enforcement Task Force (OCDETF) conducted an investigation into a drug trafficking organization operating in the Western District of Pennsylvania. The investigation revealed that a cocaine source of supply in California would mail parcels containing kilogram quantities of cocaine to a residence in Aliquippa, Pennsylvania. After investigators seized a parcel containing two kilograms of cocaine before it reached the Aliquippa residence, the source of supply began sending the parcels to Salgado in West Virginia. Thereafter, mobile and electronic surveillance confirmed that Salgado would drive the parcel from West Virginia to the Pittsburgh International Airport, pick up co-defendant Jose Sanchez, who would arrive on flights from California, and transport both the parcel and Sanchez to another co-defendant, Romaro Foster Sr., in Aliquippa.
Following one re-supply of cocaine to Foster Sr., law enforcement followed Salgado as he drove Sanchez back to the Pittsburgh airport, and observed Salgado dispose of a box in the trash of a fast food restaurant parking lot. Investigators recovered the box, observing a shipping label with Salgado’s West Virginia address as well as drug packaging material within the box. A field test of the packaging revealed the presence of cocaine, a Schedule II controlled substance.
In August 2022, investigators seized a parcel sent from California to Salgado in West Virginia. The parcel contained approximately two kilograms of cocaine. Investigators conducted a controlled delivery operation of the parcel at Salgado’s residence, executing a federal search warrant at the residence in conjunction with the operation. From Salgado’s bedroom, investigators recovered another parcel sent from California to Salgado containing approximately two kilograms of cocaine, along with a loaded 9mm handgun, an empty pistol magazine, a box of ammunition, and a digital scale.
Judge Hardy scheduled sentencing for August 14, 2024. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of $5 million, or both.
Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court remanded Salgado to the custody of the U.S. Marshals Service.
Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.
The Department of Homeland Security, U.S. Postal Inspection Service, and Drug Enforcement Administration conducted the investigation that led to the prosecution of Salgado.
This prosecution is part of an OCDETF investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Farrell Resident Sentenced to Prison for Conspiring to Distribute CocaineRead the Press Release
PITTSBURGH, Pa. – A resident of Farrell, Pennsylvania, has been sentenced in federal court to 24 months in federal prison, to be followed by three years of supervised release, for conspiring to distribute cocaine, United States Attorney Eric G. Olshan announced today.
United States District Judge Cathy Bissoon imposed the sentence on Kenneth Miller, 62.
Miller previously pleaded guilty in this case to conspiring to distribute a quantity of cocaine between June 2020 and June 2021. Prior to sentencing, the Court was informed that Miller assisted his co-defendants with cocaine trafficking by repeatedly allowing his Farrell apartment to be used as a location where powder cocaine was converted into crack cocaine, with Miller repeatedly receiving some of the cocaine in return.
Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller prosecuted this case on behalf of the United States.
United States Attorney Olshan commended the Federal Bureau of Investigation, Drug Enforcement Administration, Pennsylvania Attorney General’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennsylvania State Police, Lawrence County Drug Task Force, Mercer County Drug Task Force, New Castle Police Department, Sharon Police Department, Hermitage Police Department, and Farrell Police Department for the investigation leading to the successful prosecution of Miller.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Beaver Falls Man Sentenced to 10 Years in Prison for Drug and Firearms ConvictionsRead the Press Release
PITTSBURGH, Pa. – A resident of Beaver Falls, Pennsylvania, has been sentenced in federal court to 10 years of imprisonment on his convictions for possession with intent to distribute controlled substances and possession of a firearm in furtherance of that drug trafficking crime, United States Attorney Eric G. Olshan announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Robert Carpenter Jr., 39.
According to information presented to the Court, on July 25, 2022, the Beaver Falls Police Department executed a search warrant upon an apartment used by Carpenter. From the master bedroom, officers recovered 41.65 grams of cocaine base, in the form commonly known as crack, 6.74 net grams of cocaine, and 30 pills in a nightstand that also contained Carpenter’s identification and two digital scales. A laboratory analysis confirmed that some pills contained fentanyl while others contained fluorofentanyl. In addition to the packaged narcotics, law enforcement seized two firearms, a 9mm caliber handgun and a 5.56 caliber semiautomatic rifle. Both firearms were loaded and had been reported stolen, with the semiautomatic rifle loaded with a 30-round capacity magazine and having an altered serial number.
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Beaver Falls Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Carpenter.
Youngwood Resident Pleads Guilty to Fraud and Aggravated Identity Theft ChargesRead the Press Release
PITTSBURGH, Pa. - A resident of Youngwood, Pennsylvania, pleaded guilty in federal court to charges of access device fraud and aggravated identity theft, United States Attorney Eric G. Olshan announced today.
Jackie Lynn Neubauer, 41, pleaded guilty to two counts before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the Court was advised that Neubauer, as the manager of a car rental location, accepted credit card numbers of individuals obtained fraudulently from various conspirators, and knowingly processed car rental transactions as if they were legitimate. In total, Neubauer rented more than 140 vehicles in this manner, causing losses of more than $500,000.
Judge Horan scheduled sentencing for July 31, 2024. The law provides for a maximum total sentence of not less than two years and up to 12 years in prison, a fine of $500,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The United States Secret Service conducted the investigation that led to the prosecution of Neubauer.
West Mifflin Convicted Felon Sentenced to Three Years in Prison for Possession of Firearms While on Federal Supervised ReleaseRead the Press Release
PITTSBURGH, Pa. – A resident of West Mifflin, Pennsylvania, has been sentenced in federal court to 36 months of imprisonment on his convictions for possession of a firearm and ammunition by a convicted felon and for committing that crime while serving a period of federal supervised release, United States Attorney Eric G. Olshan announced today.
United States District Judge William S. Stickman IV imposed the sentence on Roderick Ferguson, 22.
According to information presented to the Court, on April 3, 2022, the Baldwin Police Department responded to a vehicle crash where a driver was ejected and killed after striking a parked car. Bystanders pulled a passenger, Roderick Ferguson, from the damaged vehicle. Upon arrival, officers recovered a semiautomatic rifle loaded with 29 rounds of ammunition which had been in Ferguson’s possession prior to the crash.
Following Ferguson’s discharge from the hospital for his injuries from that crash, he was a rear passenger in a vehicle during an April 28, 2022, traffic stop conducted by the Whitehall Borough Police Department in relation to an expired registration. After providing a fictitious name and being instructed to exit the vehicle, Ferguson began moving around the seat and adjusting his body. Ferguson consented to a search of his person, with law enforcement then recovering a loaded .357 Magnum revolver from Ferguson’s underwear.
Prior to the time Ferguson possessed the loaded semiautomatic rifle and loaded revolver, he was convicted of conspiracy to distribute and possess with intent to distribute controlled substances in the Western District of Pennsylvania, for which Ferguson was sentenced by Judge Stickman to 15 months of imprisonment, followed by two years of federal supervised release. Ferguson was still serving his term of supervised release at the time he possessed the loaded firearms. Under federal law, convicted felons are prohibited from possessing firearms and ammunition, and those who commit crimes while serving federal supervised release are eligible for additional prison terms.
In imposing sentence, Judge Stickman emphasized that Ferguson’s possession of loaded firearms within days of his release from his last federal sentence reflected a troubling willingness to disrespect the law.
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Baldwin Police Department, Whitehall Borough Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Ferguson.
Pittsburgh Resident Pleads Guilty to Fentanyl, Fluorofentanyl and Cocaine ChargesRead the Press Release
PITTSBURGH, Pa. – A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to federal drug charges, United States Attorney Eric G. Olshan announced today.
Andre Nunley, 50, pleaded guilty before United States District Judge William S. Stickman IV to conspiring to distribute and possess with intent to distribute 400 grams or more of fentanyl, 100 grams or more of fluorofentanyl, and 500 grams or more of cocaine, as well as attempting to possess with intent to distribute a quantity of fentanyl.
In connection with the guilty plea, the Court was advised that, between June 2022 and December 2023, Nunley was the subject of a joint investigation by federal, state, and local law enforcement operating under the High Intensity Drug Trafficking Areas (HIDTA) program in Beaver County. As part of the investigation, law enforcement seized over 500 grams of cocaine from a mid-level drug dealer as he left a brief meeting with Nunley. In January 2023, law enforcement executed federal search warrants upon both of Nunley’s known stash houses, resulting in the seizure of approximately 15,000 counterfeit oxycodone pills, 4,200 stamp bags, 40 boxes containing empty glassine bags, and bulk U.S. currency. A laboratory confirmed that the seized substances contained about 1,352 grams of fentanyl, 797 grams of a fluorofentanyl and fentanyl mixture, and 199 grams of fluorofentanyl. Fluorofentanyl and fentanyl are Schedule I and II controlled substances, respectively.
Following that seizure, law enforcement continued to investigate Nunley’s drug trafficking operation and identified a third residence used by Nunley. In December 2023, law enforcement intercepted a parcel addressed to that residence, which contained about two kilograms of fentanyl. During a controlled delivery operation of the seized parcel to the third residence, law enforcement encountered Nunley, who confessed to expecting a parcel containing drugs.
Judge Stickman scheduled sentencing for August 7, 2024. The maximum penalty for the conspiracy charge is not less than 10 years and up to life in prison, a fine of up to $10 million, or both. The maximum penalty for the attempt charge is a term of up to 20 years in prison, a fine of $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Pending sentencing, Judge Stickman ordered Nunley remanded to the custody of the U.S. Marshals Service.
Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, Pennsylvania Office of Attorney General, and United States Postal Inspection Service conducted the investigation that led to the prosecution of Nunley.
McKees Rocks Man Pleads Guilty to Fentanyl Trafficking ChargeRead the Press Release
PITTSBURGH, Pa. - A resident of McKees Rocks, Pennsylvania, pleaded guilty in federal court to a charge of possession with the intent to distribute fentanyl, United States Attorney Eric G. Olshan announced today.
Devon Lamont Johnson, 36, pleaded guilty to one count before United States Chief District Judge Mark R. Hornak.
In connection with the guilty plea, the Court was advised that, after a controlled purchase of fentanyl was made from Johnson, Allegheny County detectives executed a search warrant for a McKees Rocks residence from which Johnson was selling fentanyl. The search revealed distribution quantities of fentanyl consistent with the drugs Johnson had sold during the controlled purchase. According to court documents filed by the government, Johnson has two prior drug trafficking convictions, including one for distribution of heroin in the federal court in the Northern District of Western Virginia.
Judge Hornak scheduled sentencing for September 11, 2024. The law provides for a maximum total sentence of up to 30 years in prison, a fine of $2 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Allegheny County Police conducted the investigation that led to the prosecution of Johnson.
Waynesburg Resident Sentenced to 10 Years in Prison for Transporting Minor with Intent to Engage in Criminal Sexual ActivityRead the Press Release
PITTSBURGH, Pa. - A resident of Waynesburg, Pennsylvania, was sentenced in federal court on April 8, 2024, to 120 months of incarceration, to be followed by 15 years of supervised release, on his conviction of transportation of a minor with intent to engage in criminal sexual activity, United States Attorney Eric G. Olshan announced today.
United States District Judge William S. Stickman imposed the sentence on James Jordan, 31.
According to information presented to the Court, from January 11, 2022, until January 12, 2022, Jordan transported a minor from Pennsylvania to West Virginia with the intent that the minor engage in criminal sexual activity.
Prior to imposing sentence, Judge Stickman stated that Jordan’s serious crimes were an abuse of trust and that Jordan had violated the youth and naivety of his child victim to cover the tracks of his crime.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Olshan commended the Department of Homeland Security – Pittsburgh, Pennsylvania Office of Attorney General, Pennsylvania State Police, Waynesburg Police Department, and Lewisburg (WV) Police Department for the investigation leading to the successful prosecution of Jordan.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Erie Man Indicted on Methamphetamine ChargeRead the Press Release
JOHNSTOWN, Pa. – A resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Johnstown on a charge of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.
The one-count Indictment named Shawn Geer, 47, as the sole defendant.
According to the Indictment, on or about July 2, 2023, in the Western District of Pennsylvania, Geer possessed with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
The law provides for a total sentence of not less than five years and up to 40 years in prison, a fine of up to $5 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and Pennsylvania State Police conducted the investigation leading to the Indictment.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Duquesne Resident Sentenced to Three Decades of Prison for Production of Child Sexual Abuse MaterialsRead the Press Release
PITTSBURGH, Pa. - A resident of Duquesne, Pennsylvania, has been sentenced in federal court to 30 years of incarceration on each of three counts, to be served concurrently and then followed by lifetime supervised release, on his conviction of production and attempted production of material depicting the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.
United States District Judge W. Scott Hardy imposed the sentence on George Cobbs, 41.
According to information presented to the Court, on multiple occasions, Cobbs attempted to and did use, persuade, induce, entice, and coerce a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.
Prior to imposing sentence, Judge Hardy noted that Cobbs had violated the minor victim’s trust for his own gratification and denounced Cobbs’ memorialization of his sexual abuse of the minor as degrading the minor’s personhood.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Olshan commended the FBI Pittsburgh Child Exploitation and Human Trafficking Task Force, including the Federal Bureau of Investigation, Allegheny County Police Department, and Duquesne Police Department, for the investigation leading to the successful prosecution of Cobbs.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Court Enjoins Philips Respironics from Manufacturing and Distributing Adulterated and Misbranded Sleep and Respiratory Devices at or from Three Pennsylvania FacilitiesRead the Press Release
A federal court today ordered Philips RS North America LLC (Philips Respironics) to stop manufacturing most sleep and respiratory devices at three Pennsylvania facilities, and to stop distributing such devices from those facilities, until the company takes specific measures designed to increase the safety of its devices and ensure compliance with the Federal Food, Drug, and Cosmetic Act (FDCA).
In a complaint filed April 4, in federal court in the Western District of Pennsylvania, the United States alleged that Philips Respironics, a subsidiary of Philips Holding USA Inc., violated the FDCA by manufacturing and distributing adulterated and misbranded medical devices. Specifically, the complaint alleged that Philips Respironics manufactured continuous positive airway pressure (CPAP) machines, bi-level positive airway pressure (BiPAP) machines, and mechanical ventilators at facilities in Murrysville and New Kensington, Pennsylvania, and remediated certain ventilators at a facility in Mt. Pleasant, Pennsylvania, under conditions and using practices that failed to comply with the FDCA and with Good Manufacturing Practice regulations designed to assure the safety and effectiveness of the devices. The complaint also alleged that Philips Respironics failed to submit to FDA written reports of manufacturer-initiated corrections or removals for its devices, and further failed to validate and approve the process the company used to perform remediation work on certain recalled ventilators according to established procedures. The complaint further alleged that these violations were similar to violations observed during previous inspections that resulted in two FDA Warning Letters to Philips Respironics (for its Murrysville facility), a Warning Letter to its subsidiary Respironics California LLC (for another facility in Carlsbad, California) and a civil lawsuit and consent decree with another subsidiary of Philips Holding USA Inc., Philips North America LLC.
According to the complaint, millions of CPAP machines, BiPAP machines, and mechanical ventilators manufactured at the Murrysville and New Kensington facilities were recalled in June 2021 due to potential health risks. The recalled devices contained polyester-based polyurethane (PE-PUR) foam, which was used for sound abatement. According to the recall notices issued at that time, the PE-PUR sound abatement foam “may degrade into particles which may enter the device’s air pathway and be ingested or inhaled by the user,” and “the PE-PUR foam may off-gas certain chemicals.” The FDA classified the recalls as Class I, the most serious type of recall. Philips Respironics’ efforts to remediate the PE-PUR foam in those recalled devices are ongoing, and some of the remediated devices have themselves been the subject of additional recalls.
Defendants Philips Respironics, its parent company Philips Holding USA Inc., and subsidiary Respironics California (collectively Philips), along with Philips executives Thomas Fallon, Daniel Leonard, and Jeff DiLullo, as well as executives Roy Jakobs and Steven B. C de Baca from Philips’s Dutch parent company, all agreed to resolve the complaint through a consent decree of permanent injunction. Under the consent decree, entered today by U.S. District Judge Robert J. Colville, the defendants are barred (subject to certain limited exceptions, such as for “medically necessary” devices) from manufacturing and distributing devices at or from the three Pennsylvania facilities — or resuming such activities at the other facility in Carlsbad, California — unless and until Philips meets certain conditions. Those conditions include retaining an outside expert to inspect the defendants’ facilities, methods and controls to determine whether they conform to Good Manufacturing Practice regulations; completing activities described in an FDA-approved recall remediation plan and receiving written notification from FDA that the defendants appear to be in compliance with the FDCA and the decree.
“Medical device manufacturers have a responsibility to comply with requirements designed to ensure the safety and effectiveness of their products,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “Today’s action reflects our commitment to vigorously enforce federal law and prevent manufacturers from marketing adulterated and misbranded devices to vulnerable patients who need them.”
“Today’s consent decree requires Philips Respironics to meet a series of stringent thresholds before restarting production and establishes safeguards against future violations of the Food, Drug and Cosmetic Act,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “This office, the FDA and our partner agencies are committed to holding manufacturers accountable when they violate the law and put the public at risk.”
“The finalization of this decree is a significant milestone,” said Director Jeff Shuren, M.D., J.D., of the FDA’s Center for Devices and Radiological Health. “Throughout this recall, we have provided patients with important health information by issuing numerous safety communications and have taken actions rarely used by the agency to help protect those impacted by this recall. Today’s action is a culmination of those efforts and includes novel provisions aimed at helping ensure that patients receive the relief they have long deserved. This also marks the first time a device company is providing a remediation payment option for a recalled device under a consent decree.”
The consent decree also requires the defendants to retain outside experts to inspect their other Sleep and Respiratory Care facilities to evaluate whether those facilities are operating in compliance with the FDCA, to correct any identified deficiencies, and to evaluate the testing that the defendants have performed and are performing on foam being used to replace the sound abatement foam in the recalled devices. The consent decree also allows FDA to subject other facilities owned by the corporate defendants to certain provisions of the injunction if a future inspection shows that those facilities are not operated in conformity with the FDCA and applicable regulations.
Trial Attorneys Natalie N. Sanders and Ryan E. Norman of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Adam B. Fischer for the Western District of Pennsylvania handled this matter, with the assistance of Senior Counsel Paige H. Taylor of the FDA’s Office of the Chief Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Pennsylvania, visit www.justice.gov/usao-wdpa.
The claims resolved by the consent decree announced today are allegations only. There has been no determination of liability.
Consent Decree