Western District of Pennsylvania
Press releases recorded for this federal judicial district.
Ross Township Man Sentenced to 10 Years for Attempted Coercion of a Minor for SexRead the Press Release
PITTSBURGH - A former resident of Ross Township, Pennsylvania, has been sentenced in federal court to 10 years’ imprisonment followed by 10 years’ supervised release on his conviction of Attempted Coercion and Enticement of a Minor to Engage in Illegal Sexual Activity, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Thomas Perry Stultz, age 38.
According to information presented to the court, from February 6, 2019 until on or about April 5, 2019, Stultz communicated online and via text messages with an undercover FBI agent, believing the agent to be a minor, to knowingly attempt to persuade, induce, entice and coerce the purported minor to engage in sexual activity with him. Law enforcement arrested Stultz on April 5, 2019, when Stultz attempted to meet the purported minor for the purpose of engaging in sexual activity.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Stultz.
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.
U.S Attorney Brady Statement on the Passing of Dick ThornburghRead the Press Release
PITTSBURGH – Scott W. Brady, United States Attorney for the Western District of Pennsylvania, issued the following statement tonight following the passing of former Attorney General of the United States, U.S. Attorney for the Western District of Pennsylvania, and Pennsylvania Governor, Dick Thornburgh.
"We join all Pennsylvanians in mourning the passing of General Thornburgh, a true giant in the law and a former leader of our Office who set an unwavering standard of excellence and professionalism for all United States Attorneys to follow."
"General Thornburgh’s legacy has been one not only of fierce intellect and love of justice, but also, like the Pittsburgher he was, an impact infused with his trademark integrity, grace and humility."
At the Law Enforcement Directors Awards Ceremony held on November 5th, U.S. Attorney Brady unveiled the inaugural Dick Thornburgh Award, which will be presented each year to an outstanding Assistant U. S. Attorney who exhibits the commitment to justice and the highest ethical standards that were embodied by General Thornburgh throughout his career.
Then-United States Attorney General William Barr provided a videotaped statement of congratulations to Assistant U.S. Attorney Brendan Conway, the first winner of the first Dick Thornburgh Award, in which AG Barr recalled his work experiences with Dick Thornburgh, the first Attorney General for whom he worked. AG Barr recalled General Thornburgh as "a lawyer’s lawyer", "an outstanding leader" and "a man of unquestioned integrity and courage."
"Away from the Department, he was a model of personal decency and public service, contributing on issues ranging from international affairs to the rights of the disabled," former AG Barr added.
Dick Thornburgh was born on July 16, 1932 in Pittsburgh, Pennsylvania. He graduated with a bachelor’s degree in engineering from Yale University in 1954 and earned his LL.B degree from the University of Pittsburgh in 1957. Mr. Thornburgh also holds honorary degrees from 31 colleges and universities.
Following law school, Mr. Thornburgh worked in private industry until 1959 when he joined the Pittsburgh law firm then known as Kirkpatrick & Lockhart. In 1967, he was elected as a delegate to the Pennsylvania Constitutional Convention. From 1969 to 1975, Mr. Thornburgh was the U.S. Attorney for the Western District of Pennsylvania and was appointed Assistant Attorney General for the Criminal Division in 1975, serving two years in Washington, D.C. in that role before returning to private practice as a partner at Kirkpatrick & Lockhart. Pennsylvania elected Mr. Thornburgh governor in 1979 and he served two terms. Mr. Thornburgh also taught courses at the Harvard University Kennedy School of Government and directed that school’s Institute of Politics from 1987 to 1988.
Appointed by President Reagan, Dick Thornburgh was sworn in as Attorney General on August 12, 1988. President George H.W. Bush reinstated him as Attorney General in 1989 and he served until 1991. In 1992, the American Legion honored Mr. Thornburgh with its highest award, the "Distinguished Services Medal." He published his autobiography in 2003 entitled, Where the Evidence Leads: The Autobiography of Dick Thornburgh.
Pittsburgh Heroin Dealer Sentenced to 10+ Years in Prison for New Violations of Federal Drug and Firearms LawsRead the Press Release
PITTSBURGH – John Burton was sentenced to 10 years and 10 months (130 months) in prison for committing fentanyl, heroin, and crack cocaine-trafficking and firearm crimes while on supervised release following a prior federal conviction for heroin trafficking, United States Attorney Scott W. Brady announced today.
Burton, age 32, of Pittsburgh, was sentenced by United States District Judge Arthur J. Schwab. Earlier this year, Burton pled guilty to possessing with intent to distribute fentanyl, heroin, and crack cocaine, and possessing a firearm in furtherance of a drug trafficking crime, on August 26, 2019.
Burton was previously convicted in federal court in 2012 for conspiring to distribute heroin. He was sentenced to 46 months in prison at that time. Burton was on federal supervised release from that sentence in 2019 when he committed the additional fentanyl, heroin, and crack cocaine-trafficking and firearm crimes. Judge Schwab imposed a 12-month consecutive prison sentence for the violation of his release conditions.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Pittsburgh Police Bureau of Police, the United States Marshals Service, and the Pennsylvania Office of Attorney General conducted the investigation leading to the conviction and sentence in this case.
This case was prosecuted as part of Project Safe Neighborhoods (PSN) which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Pittsburgh Felon Pleads Guilty to Illegally Possessing a Loaded .22 Caliber RifleRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of possession of a firearm and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.
Cheron Shelton, age 33, pleaded guilty to one count before Senior United States District Judge Arthur J. Schwab.
"This case is about law enforcement working together: there is no gap between the shields," said U.S. Attorney Brady. "This outcome is only possible because of the collaboration of the Allegheny County District Attorney’s Office, the Allegheny County Police Department, ATF, and the Wilkinsburg Police Department. This plea will prevent a violent offender from rejoining our community anytime soon."
In connection with the guilty plea, the court was advised that on March 11, 2016, homicide detectives from the Allegheny County Police Department and agents from the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF) executed a search warrant at Cheron Shelton’s mother’s residence in the Homewood North section of Pittsburgh as part of the investigation into the mass murder committed in Wilkinsburg, Pennsylvania, on March 9, 2016. In the residence, investigators recovered a .22 caliber rifle with an extended magazine and loaded with ammunition, as well as documents tying Cheron Shelton to the residence. The rifle, which had been reported stolen in June 2015, was processed for forensic evidence, and one of Shelton’s fingerprints was recovered from the rifle. The court was advised that this rifle was not used in the mass murder committed in Wilkinsburg on March 9, 2016.
Shelton has a previous conviction in the Allegheny County Court of Common Pleas for possession with intent to distribute a controlled substance. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.
Judge Schwab scheduled sentencing for April 22, 2021 The law provides for a total sentence of ten 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, if any, of the defendant.
Pending sentencing, the court ordered that the defendant remain detained.
Assistant United States Attorneys Brendan Conway and Doug Maloney are prosecuting this case on behalf of the government.
This prosecution is the result of a collaborative effort among the Allegheny County District Attorney’s Office, the United States Attorney’s Office, the Allegheny County Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The Wilkinsburg Police Department provided substantial assistance with this case.
Convicted Child Sex Offender Sentenced to 18 Years in Federal Prison for Child Sexual Exploitation Crimes He Committed while on ProbationRead the Press Release
PITTSBURGH – A former resident of McKeesport, Pennsylvania, has been sentenced in federal court to 18 years’ imprisonment, to be followed by 20 years’ supervised release on his conviction of coercion and enticement of a minor to engage in illegal sexual activity and possession of child pornography, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Nora Barry Fischer imposed the sentence on Scott Payne, age 33, formerly of McKeesport, Pennsylvania.
According to information presented to the court, on June 10, 2017, Payne, while pretending to be a teenage female, engaged in an Internet conversation with a 12 year-old male using a chatting application known as "KIK", during which Payne persuaded the minor victim to produce and share still images and videos of the minor engaging in sex acts. The court was further informed that evidence established that Payne engaged in similar communications with a 15 year-old male in New Jersey and a 16 year-old male in Louisiana, and was in possession of sexually explicit photographs and videos of the three minor victims when law enforcement agents executed a search warrant at his residence on June 19, 2017. Payne has a 2012 conviction involving sexual abuse of children and possession of child pornography for which he was serving a term of probation at the time of his arrest and for which he was required to register as a Megan’s Law sex offender.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation, the Western Pennsylvania Crimes Against Children Task Force, and the Bloomfield, New Jersey Police Department for the investigation leading to the successful prosecution of Payne. 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.
Butler Resident Sentenced to Prison for Dealing Multiple DrugsRead the Press Release
PITTSBURGH – Ricardo Glenn was sentenced to 57 months in prison for conspiring to distribute fentanyl, acetyl fentanyl, heroin, cocaine, and crack cocaine, United States Attorney Scott W. Brady announced today.
Glenn, age 28, formerly of Butler and Philadelphia, was sentenced by United States District Judge Robert J. Colville. Judge Colville ordered that Glenn serve three years of supervised release following his prison term.
Glenn moved to Butler County from Philadelphia and distributed fentanyl, heroin, and cocaine for a Butler-based drug-trafficking crew. Glenn did so on a nearly daily basis for months in 2019 and 2020. He was under court supervision at the time, following a 2018 firearm conviction and county-jail sentence in Philadelphia.
Assistant United States Attorneys Yvonne M. Saadi and Craig W. Haller prosecuted this case on behalf of the United States.
The Pennsylvania State Police, the Federal Bureau of Investigation, and the Butler County District Attorney’s Drug Task Force led the investigation leading to the conviction and sentence in this case.
Ross Township Woman Sentenced for Financial FraudRead the Press Release
PITTSBURGH, Pa. - A resident of suburban Pittsburgh has been sentenced in federal court to 14 months in prison, which has already been served, followed by five years of supervised release, which includes 90 days of home incarceration followed by 90 days of home detention, on her conviction of mail fraud conspiracy and bank fraud conspiracy, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Rachel Naill, 43.
According to information presented to the court, Rachel Naill, and her husband, Joseph Naill, obtained and used individuals’ personal identifying information to obtain fraudulent credit cards. The Naills then used the fraudulent credit cards to take cash advances, make online purchases and make point-of-sale purchases. The overall loss to financial institutions was approximately $178,500. Additionally, Rachal Naill also used stolen personal identifying information to attempt to obtain a fraudulent loan through Marquette Savings Bank.
Joseph Naill was previously sentenced to 45 months in prison and two years of supervised release.
Assistant United States Attorney Lee J. Karl prosecuted this case on behalf of the government.
United States Attorney Brady commended the United States Postal Inspection Service and the Department of Homeland Security - Homeland Security Investigations for the investigation leading to the successful prosecution of Rachel Naill.
Pittsburgh-Area Copper-Processing Company Pleads Guilty to Felony Violations of the Clean Water ActRead the Press Release
PITTSBURGH, Pa. – A copper-processing company headquartered in Leetsdale, Pennsylvania, pleaded guilty in federal court to three counts under the Clean Water Act, United States Attorney Scott W. Brady announced today.
United States District Court Judge William S. Stickman, IV, accepted the guilty plea of Libertas Copper, LLC d/b/a Hussey Copper ("Hussey") to one count each of submitting a false discharge monitoring report, discharging a quantity of oil that may be harmful to the environment, and failing to make immediate, required notification of such discharge of oil. Judge Stickman also proceeded directly to sentencing and ordered Hussey to pay a $550,000 fine and serve a three-year term of probation.
During today’s hearing, Hussey was represented by its Chief Executive Officer, who made admissions on behalf of the company. The Court was advised that Hussey operated a manufacturing facility on the Ohio River that produced flat-rolled copper products for the electrical distribution, industrial, and residential construction markets. Hussey also managed wastewater generated as a result of its copper processing via a wastewater treatment plant (WWTP). The WWTP discharged wastewater via designated internal and external outfalls, including outfalls on the Ohio River. Hussey further admitted that at all relevant times, it operated pursuant to the terms of a National Pollution Discharge Elimination System (NPDES) permit issued by the Pennsylvania Department of Environmental Protection (PADEP), as authorized by the federal Clean Water Act.
As part of its guilty plea, Hussey admitted that its NPDES permit set specific discharge limits for copper and oil, among other parameters. Hussey’s NPDES permit also required the company to submit discharge monitoring reports (DMRs) on a monthly basis to PADEP, documenting the quantity and quality of the discharges authorized by its NPDES permit during the preceding month. Each DMR was required to be signed and certified as to its accuracy by a responsible corporate officer on behalf of Hussey. Hussey further acknowledged that between at least June 2012 and continuing through at least May 2017, the company knowingly submitted numerous falsified DMRs to PADEP, indicating that various discharges from its outfalls were within applicable permit limits, when in truth and in fact Hussey’s own internal sampling data showed that such discharges had exceeded the relevant limits. Hussey also admitted reporting false values in monthly DMR submissions to PADEP as to at least 140 parameters subject to discharge limits, including a substantial number of copper discharges. The false parameter values reported to PADEP concealed permit exceedances on at least 21 monthly DMRs.
Separate from the alleged DMR falsifications, Hussey also admitted engaging in a years-long pattern of discharging oil in a quantity sufficient to generate oil sheens on the Ohio River, in violation of the Clean Water Act. Between at least January 2012 and continuing until at least 2018, Hussey admitted that it documented in internal logs hundreds of observed oil sheens at two of the company’s outfalls on the Ohio River. Notwithstanding these documented observations, Hussey admitted that it did not report any of the observed oil sheens to EPA or PADEP, as required by the Clean Water Act. Further, after PADEP issued a notice of violation to Hussey in June 2015, following a citizen complaint of an oil sheen at the company’s outfall, the company admitted that a responsible corporate officer responded to the state agency that Hussey would report any future oil sheens. The next year, in July 2016, a responsible corporate officer communicated to PADEP that there had been no observed oil sheens at Hussey’s outfalls for the prior thirteen months, when, in fact, as Hussey admitted, the company’s internal logs reflected dozens of sheen observations during that time. Moreover, as part of its guilty plea, Hussey admitted that it did not make an affirmative, required report to regulatory authorities of the presence of oil sheens at its outfalls until June 2018—and even then its reporting was incomplete. To that end, Hussey’s oil-sheen reporting in June 2018 referenced sheens observed on three specific days, despite the fact that Hussey’s own internal logs documented observed sheens on fifteen additional days during the relevant month, including multiple sheens during the same week.
As a condition off Hussey’s probation, the company is also required to enter into a civil Consent Decree within 180 days of judgment in this case in connection with a pending parallel civil investigation, pursuant to which Hussey will implement a comprehensive environmental compliance program at its Leetsdale facility. Upon entry of such Consent Decree, Hussey’s probation in the criminal matter will terminate.
Assistant United States Attorney Eric G. Olshan prosecuted this case on behalf of the government, with assistance from Martin Harrell, Associate Regional Criminal Enforcement Counsel of the Environmental Protection Agency. The EPA’s Criminal Investigation Division conducted the investigation of Hussey.
Armed Bank Robber Sentenced to 8 Years’ ImprisonmentRead the Press Release
PITTSBURGH – A resident of Youngstown, Ohio, was sentenced to 8 years in prison on charges of Armed Bank Robbery and Using and Brandishing a Firearm During and in Relation to a Crime of Violence, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Demetrius Harris, 20.
According to the information provided at his change of plea, on November 1, 2019, Harris, Darion Fitzgerald, and Taevon Young drove from Ohio and robbed the First National Bank, an FDIC insured, located at 1030 Indiana Avenue, Farrell, PA 16121, of over $62,000. Harris and his co-defendant Fitzgerald entered the bank, armed with a rifle and a handgun, while Young acted as a lookout.
Upon entering the bank, Harris pulled out a handgun, and demanded money from multiple bank tellers. During the robbery, Fitzgerald and Harris switched firearms. Shortly thereafter, Fitzgerald and Harris exited the bank, Harris now carrying the rifle-style firearm and Fitzgerald carrying the handgun, and fled on foot. The robbers took approximately $62,000.
Harris was arrested after fleeing and discarding the rifle-style firearm. Harris was found with a backpack with a large sum of U.S. currency (approximately $55,000). A rifle-style firearm (Anderson Manufacturing, AM-15, Serial #: 16357936) was recovered in the woods next to the location where Harris was arrested. Harris confessed to committing the bank robbery.
Darion Fitzgerald. 19, and Taevon Young, 20, both of Cleveland, Ohio, are pending trial.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Farrell Police Department, Cleveland Metroparks Police Department, and Youngstown Police Department conducted the investigation leading to the prosecution of Harris.
Pittsburgh Woman Sentenced for Role in DS44 Gang’s Drug TraffickingRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, PA, has been sentenced in federal court to time served and three years’ supervised release on her conviction of narcotics trafficking in connection with a large-scale investigation, United States Attorney Scott W. Brady announced today.
United States District Judge William S. Stickman imposed the sentence on Theresa Somerville, 50.
In connection with Somerville’s earlier guilty plea, the court was advised that in 2017, the Greater Pittsburgh Safe Streets Task Force initiated an investigation primarily targeting the Darccide/Smash 44, or DS44, neighborhood gang, and its drug-trafficking activity, in and around the South Side area of Pittsburgh. As part of this large-scale narcotics and firearms investigation, in February of 2019, the United States received authorization to conduct a federal wire investigation, which continued through June of 2019. In addition to communications about drug trafficking between Christopher Highsmith, the leader of the organization, and many of his coconspirators, agents made numerous seizures of fentanyl, heroin, and other drugs from members of the organization, as well as maintained critical physical surveillance of Highsmith’s drug-trafficking activities.
Somerville was convicted of one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. She was one of 38 individuals charged in the offense, including Highsmith, as well as her son, Ronald Williams, and her daughter, Ronika Somerville. Somerville admitted to personally packaging and distributing quantities of fentanyl and heroin mixtures at her son’s direction, as well as acknowledged that she separately distributed cocaine and crack cocaine. Somerville had served approximately one month in prison pending her entry of a guilty plea in this case.
Prior to imposing sentence, Judge Stickman stated that given the defendant’s lack of criminal history, her willingness to accept responsibility for her conduct, and her poor health, a sentence that did not include an additional term of imprisonment was appropriate.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation for leading the multi-agency investigation of this case, which included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department for the investigation leading to the successful prosecution of Somerville.
3 Defendants, 16 Defendant Pharmacies Admit Executing Health Care Fraud Schemes That Targeted VeteransRead the Press Release
PITTSBURGH - Residents of Los Angeles, California, and Henderson, Nevada, pleaded guilty this week in federal court to charges of healthcare fraud, conspiracy to commit fraud, and conspiracy to violate the federal anti-kickback statutes, United States Attorney Scott W. Brady announced today. Additionally, 16 corporate entities (pharmacies) pled guilty to charges of healthcare fraud, conspiracy to commit fraud, and/or conspiracy to violate the federal anti-kickback statutes.
Brothers Mehran David Kohanbash, and Joseph Kohan and their nephew, Nima Rodefshalom, entered pleas of guilty to three counts of a criminal Information before United States District Judge Susan Paradise Baxter. In addition to the three individual defendants, 16 pharmacies scattered between California, Texas, Wyoming, Arizona and Nevada also entered guilty pleas. Those pleading guilty included Insure Nutrition, Inc., Affordable Pharmacy, Inc., ASC Pharmaceutical, LLC, DQD Enterprise Corporation, DTST Ventures, LLC, Econo Pharmacy, Inc., Emerson Pharmacy, Inc., Genorex Pharmaceutical, LLC, Nutrition Plus, Inc., Pharmatek Pharmacy, Inc., Premier Med Services, Inc., Rexford Pharmacy, Inc., Specialty Pharmacy Management of America, Inc., Solutech Pharmaceuticals, LLC, Village Drug & Compounding, Inc., and Vitamed LLC.
"For nearly five years, these defendants executed elaborate schemes to steal millions of dollars from health care systems across the United States, including both Highmark and TRICARE beneficiaries in Erie, Pennsylvania," said U.S. Attorney Brady. "Where fraudsters target our veterans or vulnerable members of our community, especially relating to their health care, we will come after them."
"These defendants intended to defraud our healthcare systems and deprive patients of their right to honest services," said FBI Pittsburgh Special Agent in Charge Michael Christman. "They manipulated patients who were seeking bariatric treatment and preyed on their emotions, all to get the patient’s health insurance information. Without thinking twice, these defendants lined their pockets while putting a burden on our taxpayer-funded and private healthcare systems that in turn drives up insurance costs for everyone. Thank you to our partners, the United States Attorney’s Office and Department of Defense, Defense Criminal Investigative Service for their efforts on this investigation and prosecution."
"These Plea Agreements demonstrate the continued commitment of the Defense Criminal Investigative Service, partnering with the Federal Bureau of Investigation, the Defense Health Agency, and the United States Attorney's Office in the Western District of Pennsylvania, to protect the American taxpayer and its military members from those that exploit our nation's healthcare programs including TRICARE," said Bryan Denny, Patrick Hegarty, and Chris Dillard, Special Agents in Charge, U.S. Department of Defense Inspector General, Defense Criminal Investigative Service. "False and inappropriate billings, by virtue of intended schemes or willful ignorance, place the American Warfighter in danger, erode public confidence and undermine the mission of our military services. DCIS and its law enforcement partners will continue to investigate healthcare fraud allegations in order to protect U.S. military members and the American taxpayer."
According to the information presented to the Court at the time of the pleas the three defendants conspired together to execute health care fraud schemes that targeted patients that had undergone, or were to undergo, bariatric surgical procedures. The individual defendants together with the defendant pharmacies engaged in a series of interconnected actions that resulted in misleading advertising associated with supplying what were described to the Court as nutritional shakes; the inducement to enlist various patients in ordering the nutritional shakes resulted in the defendants and the pharmacies securing the patients’ insurance information which in turn resulted in the defendants (individual defendants and by and through the pharmacies) soliciting the patients to appeal to their respective physicians to prescribe what were described for the Court as High Yield (expensive) medications.
These medications were often compounded, meaning that one or more of the pharmacies mixed together preexisting medications or substances to provide a new or different product. It was a part of the scheme(s) involved in the guilty pleas that the defendants conspired to promote these medications that often yielded extremely high profits. It was a part of the healthcare fraud scheme that the defendants defrauded healthcare benefit programs, both private insurance carriers and the government run health care program, TRICARE, for military members and their families, by manipulating the collection of co pays on various medications to make it appear that co pays were being collected when in fact they were not. An honest reporting of the failure to collect co pays would have resulted in the defendants being unable to bill insurance carriers for the cost of the various medications. The various schemes in which the defendants were involved were overlapping and ran from September of 2013 through May of 2018.
Judge Susan Paradise Baxter scheduled sentencing for April 7-8, 2020 for the individual defendants. Sentencing for the defendant pharmacies has not been scheduled. For each individual defendant, the law provides for a maximum total sentence of 35 years in prison, a fine of $750,000, or both.The three defendants and the 16 corporations agreed to forfeiture, restitution, fines and civil penalties amounting to more than $60,000,000. 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(s).
Pending sentencing, the court released each of the individual defendants on bail.
Assistant United States Attorneys Shardul S. Desai and James R. Wilson are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Department of Defense Office of the Inspector General conducted the investigation that led to the prosecution of Nima Rodefshalom, Mehran David Kohanbash, Joseph Kohan, Insure Nutrition, Inc., Affordable Pharmacy, Inc., ASC Pharmaceutical, LLC, DQD Enterprise Corporation, DTST Ventures, LLC, Econo Pharmacy, Inc., Emerson Pharmacy, Inc., Genorex Pharmaceutical, LLC, Nutrition Plus, Inc., Pharmatek Pharmacy, Inc., Premier Med Services, Inc., Rexford Pharmacy, Inc., Specialty Pharmacy Management of America, Inc., Solutech Pharmaceuticals, LLC, Village Drug & Compounding, Inc., and Vitamed LLC.
Pittsburgh Resident Sentenced in Multi-Million Dollar Health Care Fraud ConspiracyRead the Press Release
PITTSBURGH, Pa. – A resident of Pittsburgh was sentenced in federal court for conspiracy to defraud the Pennsylvania Medicaid program and health care fraud, United States Attorney Scott W. Brady announced today.
United States District Judge Cathy Bissoon sentenced Terra Dean, 46, to four years of probation, including six months of home detention for her role in a years-long conspiracy. Dean was also ordered to pay restitution to the Pennsylvania Medicaid program in the amount of $94,101.55.
During her plea hearing on January 21, 2020, Dean admitted that between 2011 and 2017 she was an employee of Moriarty Consultants, Inc. (MCI), one of four related entities operating in the home health care industry. The other three entities were Activity Daily Living Services, Inc. (ADL), Coordination Care, Inc. (CCI), and Everyday People Staffing, Inc. (EPS). MCI, ADL, and CCI were approved under the Pennsylvania Medicaid program to offer certain services to qualifying Medicaid recipients ("consumers"), including personal assistance services (PAS), service coordination, and non-medical transportation, among other services. Between in and around January 2011 and in and around April 2017, MCI, ADL, and CCI, collectively, received more than $87,000,000 in Medicaid payments based on claims submitted for these services, with PAS payments accounting for more than $80,000,000 of the total amount.
During that time, Dean admitted that she participated in a wide-ranging conspiracy to defraud the Pennsylvania Medicaid program for the purpose of obtaining millions of dollars in illegal Medicaid payments through the submission of fraudulent claims for services that were never provided to the consumers identified on the claims, or for which there was insufficient or fabricated documentation to support the claims. As part of the conspiracy, Dean admitted that she fabricated timesheets to reflect the provision of in-home PAS care that, in fact, she never provided to the consumers identified on the timesheets. Dean further admitted that she caused the submission of Medicaid claims in the name of "ghost" employees—including, close relatives—for PAS care that was never provided to the consumers specified on Medicaid claims. Likewise, Dean admitted that she paid kickbacks to consumers in exchange for the consumers’ cooperation in the fraudulent billing scheme. In total, Dean admitted causing losses to the Pennsylvania Medicaid program in excess of $150,000.
To date, twelve defendants have pleaded guilty for their roles in the conspiracy.
Assistant United States Attorney Eric G. Olshan and Special Assistant United States Attorney Edward Song are prosecuting this case on behalf of the government. The Federal Bureau of Investigation, Pennsylvania Office of the Attorney General – Medicaid Fraud Control Unit, Internal Revenue Service – Criminal Investigation, U.S. Department of Health and Human Services – Office of Inspector General, and United States Postal Inspection Service conducted the investigation of the defendants.
Pittsburgh Man Admits Possessing Hundreds of Images and Videos of Children Engaged in Sexually Explicit ConductRead the Press Release
PITTSBURGH - A former resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
Krent Jeffrey Haight, age 48, pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that on November 14, 2018, Haight knowingly possessed approximately 1500 still images and videos in computer graphics files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age. Haight admitted that he uploaded numerous such images to Tumblr, a social networking website, making them available for public viewing.
Judge Bissoon scheduled sentencing for April 15, 2021, at 10:00 a.m. The law provides for a total sentence of not less than 10 years nor more than 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, if any, of the defendant.
Pending sentencing, the court ordered that Haight remain in custody.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Haight.
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.
New York Man Sentenced to Prison for Defrauding Sprint CorporationRead the Press Release
PITTSBURGH, PA – A resident of New York, NY was sentenced in federal court to charges of fraud conspiracy and aggravated identity theft, United States Attorney Scott W. Brady announced today.
Ramses Nathaniel Acosta, 39, was sentenced on two counts before United States Senior District Judge Joy Flowers Conti.
According to information provided to the court, Acosta, in a multi-state scheme, defrauded Sprint Corporation by using counterfeit drivers’ licenses to purchase cell phones and electronics in the identities of existing Sprint customers.
Judge Conti sentenced Acosta to 27 months’ incarceration, and two years’ supervised release.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
Agents from Homeland Security Investigations conducted the investigation leading to the prosecution of Acosta.
Greensburg Physician Sentenced to Prison for Drug Distribution, Health Care Fraud, and Money LaunderingRead the Press Release
PITTSBURGH – A Greensburg physician was sentenced in federal court today for three counts of distribution of buprenorphine, a Schedule III controlled substance; one count of health care fraud; and one count of money laundering, United States Attorney Scott W. Brady announced.
Nabil Jabbour, 69, a physician who previously operated an addiction-treatment practice out of offices in Greensburg and Connellsville, Pennsylvania, was sentenced to twelve months and one day in prison followed by one year of supervised release. Jabbour was also ordered to pay a $75,000 fine and a total of $40,000 in restitution to Medicare and the Pennsylvania Medicaid program. He will also forfeit approximately $17,000 in previously seized cash and casino chips.
"As a physician, Nabil Jabbour took an oath to uphold the ethical standards of his profession; instead, he operated a cash-only business that took advantage of vulnerable patients seeking help for their opioid addiction so that he could spend their money at casinos," said U.S. Attorney Brady. "We will continue our steady pursuit to bring drug-dealing doctors to justice."
"We trust our doctors to carefully and thoughtfully write prescriptions, not use their access to profit off of highly addictive medications meant to treat opioid addiction - an addiction that steals the lives of 12 Pennsylvanians a day," said Attorney General Josh Shapiro. "Dr. Jabbour admitted to unlawfully prescribing buprenorphine on multiple occasions for cash. My office and our partners in law enforcement will continue to hold individuals accountable who recklessly put the lives of others at risk for their own personal gain."
During his plea hearing on October 28, 2019, Jabbour admitted that on three occasions between July 2016 and December 2016 he unlawfully prescribed buprenorphine to undercover law enforcement officers. Buprenorphine is commonly used in the treatment of patients suffering from opioid addiction, and it is sold under the trade names Suboxone, Subutex, or Zubsolv. As Jabbour acknowledged, none of the undercover officers to whom he prescribed buprenorphine suffered from opioid use disorder or otherwise displayed symptoms of withdrawal. Jabbour further admitted that he did not accept insurance from his patients, requiring instead that they pay him in cash—typically $100 for an initial office visit and $80 for each subsequent visit. Although Jabbour did not accept insurance, he admitted that he caused Medicare and Pennsylvania Medicaid, two government-funded healthcare programs, to cover the costs of fraudulent buprenorphine prescriptions that he wrote for his patients. Finally, Jabbour also admitted to one count of money laundering based on a transaction he initiated at the Meadows Casino in July 2016 involving $13,960 in cash derived from his unlawful distribution of buprenorphine.
Pursuant to a written plea agreement, Jabbour also accepted responsibility for unlawfully distributing buprenorphine to undercover officers on fourteen additional occasions, maintaining his office locations in Greensburg and Connellsville as drug-involved premises, and laundering approximately $47,000 in cash from his buprenorphine practice during four additional trips to the Meadows Casino. Jabbour also agreed that he was responsible for between 10,000 and 20,000 dosage units of unlawful buprenorphine prescriptions.
Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government.
The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit, which combines personnel and resources from multiple federal and state agencies to combat the growing prescription opioid epidemic, including the Drug Enforcement Administration, Pennsylvania Office of Attorney General – Medicaid Fraud Control Unit, Internal Revenue Service – Criminal Investigation, and U.S. Department of Health and Human Services – Office of Inspector General. The Pennsylvania State Police, the Pennsylvania Office of the Attorney General – Narcotics Unit, Greensburg City Police, South Greensburg Police, and Westmoreland County Sheriff’s Office also provided assistance during the investigation and prosecution of Jabbour.
Arizona Man Sentenced for Misbranding and Smuggling Conspiracy Involving Online Sale and Distribution of Unapproved Drugs Obtained from OverseasRead the Press Release
PITTSBURGH, Pa. – A resident of Chino Valley, Arizona, was sentenced today in federal court for one count of conspiracy to smuggle misbranded drugs into the United States and introduce them into interstate commerce, United States Attorney Scott W. Brady announced.
United States District Judge Arthur J. Schwab sentenced Jeremy Brooks, 31, to five years of probation, including 180 days of home detention. Brooks was also ordered to forfeit a total of approximately $106,000 that was previously seized during the investigation.
During his plea hearing on August 6, 2020, Brooks admitted that between January 2016 and May 8, 2018, he engaged in a conspiracy to obtain unapproved drugs in bulk quantities from overseas suppliers, including suppliers in China, for the purpose of pressing the drugs into pills and distributing them to customers throughout the United States via an internet-based business—Domestic RCS—that he and a co-conspirator, Justin Ash, controlled. The business’s website, www.domesticrcs.com, advertised multiple unapproved or "misbranded" drugs—clonazolam, diclazepam, flubromazolam, and etizolam—each of which was a non-prescription benzodiazepine or substance with a similar chemical composition. As Brooks further acknowledged, these substances carried risks of dependency, toxicity, and even fatal overdose, particularly when combined with other central nervous system depressants. Although the co-conspirators’ website and the packaging contained in their shipments indicated that the substances were for "research purposes only," Brooks admitted that he was aware that the vast majority of customers purchased the drugs for individual consumption. Indeed, Brooks, Ash, or others acting at their direction communicated directly with individual customers about, among other things, the effects of the drugs when used for personal consumption. In an effort to evade detection by United States federal authorities, including the United States Food and Drug Administration, United States Postal Inspection Service, and United States Customs and Border Protection, Brooks also admitted that he and Ash caused their overseas suppliers to ship drugs to multiple addresses under their control and in smaller quantities that would draw less government scrutiny.
On November 24, 2020, in a related case, Judge Schwab sentenced Ash to 24 months’ incarceration and ordered him to forfeit approximately $780,000 in connection with his role in the conspiracy.
Assistant United States Attorney Eric G. Olshan prosecuted this case on behalf of the government. The United States Food and Drug Administration – Office of Criminal Investigations and Homeland Security Investigations conducted the investigation leading to the conviction in this case.
30 Members and Associates of the Pagans Motorcycle Club Facing Federal ChargesRead the Press Release
PITTSBURGH, PA – A federal grand jury in Pittsburgh has issued three separate, but related, Indictments, charging 30 residents of western Pennsylvania and eastern Ohio with narcotics trafficking and firearm possession, United States Attorney Scott W. Brady announced today.
According to U.S. Attorney Brady, the Indictments are a part of an ongoing investigation into members and associates of the Pagans Motorcycle Club (PMC or Pagans) operating in and around western Pennsylvania engaging in illegal activity, including federal violations of drug and firearm laws. The related Indictments are the result of an investigation that began in August of 2018, and ultimately led to a Title III wire investigation with intercepted communications over several telephones from August 2020 through November 2020. The defendants are alleged to have conspired to distribute controlled substances including cocaine, methamphetamine, and heroin.
"For decades, the Pagans have used violence to control cocaine, heroin and meth trafficking throughout western Pennsylvania: that stops now," said U.S. Attorney Brady. "With the arrests of thirty members and associates of the Pittsburgh chapter of the Pagan’s Motorcycle Club, including higher-ranking members, we have disrupted their criminal organization and made western Pennsylvania safer."
"The members and associates of the Pagan’s Motorcycle Club facing charges today had a complete disregard for the law and the safety of the communities they operate in," said FBI Pittsburgh Special Agent in Charge Michael Christman. "Through joint, collaborative investigations and robust partnerships, we will continue to target the leadership of these organizations and bring them to justice for the harm caused by their criminal actions."
According to the Department of Justice, the PMC is a violent Outlaw Motorcycle Gang whose membership distribute cocaine, methamphetamine, heroin, fentanyl, marijuana and other illegal drugs. The Pagans are one of the most prominent outlaw motorcycle gangs in the eastern United States. In addition to the PMC insignia, members of the PMC wear a diamond patch with "1%" inscribed inside, which denotes their claim to be among the one percent of motorcycle riders who are not law abiding.
According to information provided to the court, the three Indictments charge 30 individuals with federal drug trafficking and firearms charges. The drugs they distributed include significant quantities of methamphetamine, cocaine and heroin. The Indictments are the result of this long-term investigation, including court-authorized wiretaps on the cell phones of key members of the Pittsburgh Chapter of the Pagans Motorcycle Club. The investigation, which was wide-spread, also resulted in identifying large-scale suppliers of narcotics not only to members and associates of the Pagans, but to local drug traffickers and suppliers within the Greater Pittsburgh Region.
During the course of the investigation, which began in August of 2018, law enforcement received information pertaining to the suspected illegal activities of Bill Rana, aka "Pittsburgh Billy", Eric Armes aka "Knuckles", Jason Evans aka "Shahid", and Patrick Rizzo, who have all been identified as suspected members or associates of the Pittsburgh Chapter of the Pagans Motorcycle Club, as well as Phillip Bonanno, who has been identified as a suspected member of an Ohio Chapter of the Pagans Motorcycle Club, and others.
The PMC members routinely hold "church", a term used to describe their weekly meetings, on Thursdays. They also appeared to hold frequent, large gatherings or parties between PMC members/associates, non-PMC members, and other outlaw motorcycle gangs, at their McKees Rocks Clubhouse, which was one of more than a dozen locations where agents executed federally-authorized search warrants on December 8, 2020.
The three Indictments were returned under seal on December 1, 2020, and unsealed yesterday.
The first Indictment contains two conspiracy counts and one firearm possession count, and names the following nine individuals as defendants:
• Bill Rana, 40, of Cheswick, PA
• Eric Armes, 42, of Cheswick, PA
• Jason Evans, 44, of Pittsburgh, PA
• Hasani James, 49, of Detroit, MI
• Cody Bonanno, 25, of Uhrichsville, OH
• Phillip Bonanno, 54, of New Philadelphia, OH
• Dominic Quarture, 52, of Washington, PA
• Mark Stockhausen, 39, of Erie, PA
• Patrick Rizzo, 45, of McKees Rocks, PA
According to this Indictment, Rana, Armes, C. Bonanno, P. Bonanno, and Quarture conspired to distribute and possess with intent to distribute 500 grams or more of methamphetamine, a Schedule II controlled substance between January and November of 2020. The Indictment also charges Rana, Evans, James, P. Bonanno, and Stockhausen with conspiring to distribute and possess with intent to distribute 500 grams or more of cocaine, a Schedule II controlled substance, also between January and November of 2020.
The Indictment further alleges that on or about October 21, 2020, Patrick Rizzo, a convicted felon, who is prohibited from lawfully possessing a firearm, was found to be in possession of a loaded Taurus Judge .45 LC/410 pistol. As it relates to this count, the Indictment seeks forfeiture of the firearm and ammunition.
The second Indictment contains two counts and names the following nine individuals as defendants:
• Anthony Peluso, 38, of Hampton Township, PA
• Marissa Botta, 28, of Hampton Township, PA
• David Pietropaolo, 23, of Glenshaw, PA
• Thomas Snelsire, 45, of Baldwin, PA
• Wayne Webber, 42, of Duquesne, PA
• Ronald Simak, 37, of Verona, PA
• Anthony Scatena, 22, of Pittsburgh, PA
• James Stewart, 41, of Pittsburgh, PA
• Dorin Duncan, 42, of Glenshaw, PA
According to this Indictment, the above-named defendants conspired to distribute and possess with the intent to distribute 500 grams or more of cocaine, a Schedule II controlled substance between January and November of 2020. The Indictment further alleges that Peluso, Botta and Snelsire also conspired to distribute and possess with intent to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin, a Schedule I controlled substance, also between January and November 2020.
The third Indictment contains two counts and names the following twelve individuals as defendants:
• Jeffrey Kushik, 29, of Pittsburgh, PA
• Gary Hairston, 40, of Pittsburgh, PA
• Darian Wofford, 27, of Pittsburgh, PA
• Stephanie Zilka, 27, of Baldwin, PA
• Misty Walker, 39, of Pittsburgh, PA
• Richard White, 18, of Pittsburgh, PA
• Randy Camacho, 34, of Pittsburgh, PA
• Damian Cherepko, 26, of Elizabeth, PA
• Brandon Hulboy, 29, of Pittsburgh, PA
• James Crivella, 27, of Glenshaw, PA
• Seaira Collins, 32, of Pittsburgh, PA
• Jessica Taranto, 37, of Pittsburgh, PA
According to this Indictment, Kushik, Hairston, Wofford, Zilka, Walker, Camacho, Collins, and Taranto conspired to distribute and possess with the intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine, a Schedule II controlled substance between August and November of 2020. The Indictment further charges Kushik, Hairston, Wofford, Zilka, Walker, White, Cherepko, Hulboy and Crivella with conspiring to distribute and possess with intent to distribute one kilogram or more of a mixture and substance containing a detectable amount of heroin, a Schedule I controlled substance, also between August and November of 2020.
As to the conspiracy counts involving 100 grams or more of heroin and 500 grams or more of cocaine, the law provides for a minimum sentence of five years’ and a maximum sentence of 40 years’ imprisonment, a fine of not more than $5,000,000, or both. As to the conspiracy count involving 500 grams or more of methamphetamine and one kilogram or more of heroin, the law provides for a minimum sentence of 10 years’ and a maximum sentence of life imprisonment, a fine of not more than $10,000,000, or both. As to Patrick Rizzo the law provides for a maximum sentence of imprisonment of 10 years, a fine of not more than $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 of each defendant.
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, Allegheny County Sheriff’s Office, Pennsylvania State Police, Pittsburgh Bureau of Police, and the Pennsylvania Office of Attorney General Bureau of Narcotics Investigations. Other assisting agencies include the Allegheny County Police Department Homicide, Baldwin Police Department, Brentwood Police Department, McKees Rocks Police Department, Stowe Township Police Department and West Deer Township Police Department.
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.
Assistant United States Attorney Rebecca L. Silinski is prosecuting these cases on behalf of the government.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
A video announcement regarding this case can be found here: https://youtu.be/iWAof7-KgLA
Cameroonian Operator Charged in Fraudulent Online "Puppy Scam" that Exploited the COVID-19 PandemicRead the Press Release
A criminal complaint unsealed Friday in federal court in Pittsburgh charges Desmond Fodje Bobga for his alleged involvement in a puppy fraud scheme perpetrated against American consumers. Fodje Bobga, 27, is a citizen of Cameroon who is in Romania on a visa to attend a university there.
He is charged with conspiracy to commit wire fraud, wire fraud, forging a seal of the U.S. Supreme Court, and aggravated identity theft. Fodje Bobga has been arrested. A website that was used in the online puppy fraud scheme, www.lovelyhappypuppy.com, is already deleted.
“The Department of Justice is committed to deterring and disrupting schemes, especially transnational ones, that take advantage of the COVID-19 pandemic for financial gain by victimizing consumers,” said Acting Assistant Attorney General Jeffery Bossert Clark for the Civil Division. “We are grateful to our partners at the U.S. Attorney’s Office in the Western District of Pennsylvania and the FBI for working hard to shut down this fraud scheme and to punish criminals who seek to exploit American’s fondness for animals.”
“The dog adoption market can be a breeding ground for catfish schemes. Fodje Bogda and his co-conspirators exploited a national pandemic — and the social isolation it engendered — to exploit victims with photos of cute puppies and to bilk extra costs under the pretense of COVID,” said U.S. Attorney Scott W. Brady for the Western District of Pennsylvania. “With the holiday season upon us, and the desire for companionship higher than ever, don’t fall prey to scammers selling pets online: do your research and verify.”
“Unfortunately, the pandemic has created the perfect condition for unscrupulous pet sellers to thrive,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “This suspect exploited this website to sell puppies and capitalized on people looking for companion animals online during this difficult time. The FBI has a long arm and an even longer reach and no matter where these scammers are, we will stop at nothing to make sure they don't get away with victimizing American citizens.”
According to the unsealed affidavit filed with the criminal complaint, from around June 2018 to the present, Fodje Bobga knowingly conspired with others to offer puppies and other animals for sale on Internet websites, including lovelyhappypuppy.com. He and others communicated by text message and email with potential victims to induce pet purchases. Following each purchase, Fodje Bobga and the co-conspirators claimed that a transportation company would deliver the puppy or other animal and provided a false tracking number for the pet. Fodje Bobga and his co-conspirators, acting as the transportation company, then claimed the pet transport was delayed and that the victim needed to pay additional money for delivery of the pet.
More recently, Fodje Bobga and the co-conspirators told some victims that they needed to pay even more money for delivery because the pet had been exposed to the coronavirus. The perpetrators used false and fraudulent promises and documents regarding shipping fees and coronavirus exposure to extract successive payments from victims. Among the fake documents were a “refundable crate and vaccine guarantee document” that purported to have been issued by the “Supreme Court of the United States of America” and bore the seal of the court, along with the signature of a Clerk of the Court. After Fodje Bobga and the co-conspirators received money directly and indirectly through wire communications from the victims, Fodje Bobga and the co-conspirators never delivered the pets.
The affidavit and criminal complaint detail the alleged dealings of Fodje Bobga and his co-conspirators with six victims in Western Pennsylvania and elsewhere who were seeking to purchase a puppy. According to the affidavits and criminal complaint:
- Victim 1, of New Brighton, Pennsylvania, was seeking to purchase a mini-dachshund puppy for her mother in mid-March of 2020. Victim 1 was induced to lose $9,100 due to false claims that the puppy was being shipped, needed insurance, and was exposed to COVID-19;
- Victim 2 of Fruitland, Iowa, was seeking to purchase a mini dachshund puppy for herself in mid-March of 2020. False claims induced Victim 2 to lose $1,840;
- Victim 3 of Marion Center, Pennsylvania, was seeking to purchase a teacup Chihuahua and paid $600. Victim 3 became suspicious when asked for an additional $800 for shipping. Fodje Bobga allegedly provided a false Refundable Crate and Vaccine Guarantee Document, purported to have been issued by and containing the seal of the Supreme Court of the United States, in an attempt to induce Victim 3 to pay the additional charges. Victim 3 lost $600;
- Victim 4 is a Dallas, Texas, couple who were seeking to purchase a dog. Following the payment of $950 for the agreed upon dog named Snow White, the couple was contacted regarding issues with shipment and induced to pay $850 more by Zelle, an online payment service. The couple was contacted again with the claim that payment did not go through due to the wrong name being listed, but refused to resend $850. Victim 4 lost $1,800;
- Victim 5 of Cheswick, Pennsylvania, was seeking to purchase a Chihuahua named Bentley for $600. After sending a $600 MoneyGram to the alleged seller, Victim 5 was contacted repeatedly regarding problems with payments, transportation issues and the need to purchase a U.S. Department of Agriculture permit. Victim 5 lost $1,500; and
- Victim 6 of Pittsburgh, Pennsylvania, was searching for a puppy online but became suspicious and did not send any payments. According to the complaint, 55 text messages were exchanged with Victim 6’s phone number, between Jan. 23, 2020, and Jan. 24, 2020, that attempted to induce Victim 6 to pay for a puppy.
Fodje Bobga was arrested in Cluj, Romania, on Dec. 3, 2020, pursuant to a provisional arrest request from the United States.
The wire fraud conspiracy and wire fraud charges provide for a sentence of up to 20 years in prison. Forging of Seal provides for a maximum sentence of five years in prison. Aggravated identity theft provides for a mandatory two years in prison in addition to the other sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The FBI Pittsburgh Field Office conducted the investigation leading to the domain seizures and criminal complaint in this case. The prosecution is being handled by Assistant U.S. Attorneys Shardul Desai and Ira M. Karoll of the Western District of Pennsylvania and Wei Xiang of the Civil Division’s Consumer Protection Branch.
The Justice Department’s Office of International Affairs provided substantial assistance. Law enforcement authorities in Romania including the Romanian National Police, Directorate for Combating Organized Crime and the Cluj Brigade for Combating Organized Crime provided significant cooperation.
The FBI urges vigilance during the COVID-19 pandemic. For resources on keeping yourself and your family safe from hackers and scammers visit: https://www.fbi.gov/coronavirus.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
Cameroonian Operator Charged in Fraudulent Online “Puppy Scam” That Exploited the COVID-19 PandemicRead the Press Release
WASHINGTON – A criminal complaint unsealed Friday in federal court in Pittsburgh charges Desmond Fodje Bobga for his alleged involvement in a puppy fraud scheme perpetrated against American consumers. Fodje Bobga, 27, is a citizen of Cameroon who is in Romania on a visa to attend a university there. He is charged with conspiracy to commit wire fraud, wire fraud, forging a seal of the U.S. Supreme Court, and aggravated identity theft. Fodje Bobga has been arrested. A website that was used in the online puppy fraud scheme, www.lovelyhappypuppy.com, is already deleted.
Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division, U.S. Attorney Scott W. Brady for the Western District of Pennsylvania and Special Agent in Charge Michael Christman of the FBI Pittsburgh Field Office, announced the arrest.
"The Department of Justice is committed to deterring and disrupting schemes, especially transnational ones, that take advantage of the COVID-19 pandemic for financial gain by victimizing consumers," said Acting Assistant Attorney General Clark. "We are grateful to our partners at the U.S. Attorney’s Office in the Western District of Pennsylvania and the FBI for working hard to shut down this fraud scheme and to punish criminals who seek to exploit American’s fondness for animals."
"The dog adoption market can be a breeding ground for catfish schemes. Fodje Bogda and his co-conspirators exploited a national pandemic — and the social isolation it engendered — to exploit victims with photos of cute puppies and to bilk extra costs under the pretense of COVID," said U.S. Attorney Brady. "With the holiday season upon us, and the desire for companionship higher than ever, don’t fall prey to scammers selling pets online: do your research and verify."
"Unfortunately, the pandemic has created the perfect condition for unscrupulous pet sellers to thrive," said FBI Pittsburgh Special Agent in Charge Michael Christman. "This suspect exploited this website to sell puppies and capitalized on people looking for companion animals online during this difficult time. The FBI has a long arm and an even longer reach and no matter where these scammers are, we will stop at nothing to make sure they don't get away with victimizing American citizens."
According to the unsealed affidavit filed with the criminal complaint, from around June 2018 to the present, Fodje Bobga knowingly conspired with others to offer puppies and other animals for sale on Internet websites, including lovelyhappypuppy.com. He and others communicated by text message and email with potential victims to induce pet purchases. Following each purchase, Fodje Bobga and the coconspirators claimed that a transportation company would deliver the puppy or other animal and provided a false tracking number for the pet. Fodje Bobga and his coconspirators, acting as the transportation company, then claimed the pet transport was delayed and that the victim needed to pay additional money for delivery of the pet. More recently, Fodje Bobga and the coconspirators told some victims that they needed to pay even more money for delivery because the pet had been exposed to the coronavirus. The perpetrators used false and fraudulent promises and documents regarding shipping fees and coronavirus exposure to extract successive payments from victims. Among the fake documents were a "Refundable Crate and Vaccine Guarantee Document" that purported to have been issued by the "Supreme Court of the United States of America" and bore the seal of the Court, along with the signature of a Clerk of the Court. After Fodje Bobga and the coconspirators received money directly and indirectly through wire communications from the victims, Fodje Bobga and the coconspirators never delivered the pets.
The affidavit and criminal complaint detail the alleged dealings of Fodje Bobga and his coconspirators with six victims in Western Pennsylvania and elsewhere who were seeking to purchase a puppy. According to the affidavits and criminal complaint:
• Victim 1, of New Brighton, Pennsylvania, was seeking to purchase a mini-dachshund puppy for her mother in mid-March of 2020. Victim 1 was induced to lose $9,100 due to false claims that the puppy was being shipped, needed insurance, and was exposed to COVID-19;
• Victim 2 of Fruitland, Iowa was seeking to purchase a mini dachshund puppy for herself in mid-March of 2020. False claims induced Victim 2 to lose $1,840;
• Victim 3 of Marion Center, Pennsylvania was seeking to purchase a teacup Chihuahua and paid $600. Victim 3 became suspicious when asked for an additional $800 for shipping. Fodje Bobga allegedly provided a false Refundable Crate and Vaccine Guarantee Document, purported to have been issued by and containing the seal of the Supreme Court of the United States, in an attempt to induce Victim 3 to pay the additional charges. Victim 3 lost $600;
• Victim 4 is a Dallas, Texas couple who were seeking to purchase a dog. Following the payment of $950 for the agreed upon dog named Snow White, the couple was contacted regarding issues with shipment and induced to pay $850 more by Zelle, an online payment service. The couple was contacted again with the claim that payment did not go through due to the wrong name being listed, but refused to resend $850. Victim 4 lost $1,800;
• Victim 5 of Cheswick, Pennsylvania, was seeking to purchase a Chihuahua named Bentley for $600. After sending a $600 MoneyGram to the alleged seller, Victim 5 was contacted repeatedly regarding problems with payments, transportation issues and the need to purchase a USDA permit. Victim 5 lost $1,500; and
• Victim 6 of Pittsburgh, Pennsylvania, was searching for a puppy online but became suspicious and did not send any payments. According to the complaint, 55 text messages were exchanged with Victim 6’s phone number, between January 23, 2020, and January 24, 2020, that attempted to induce Victim 6 to pay for a puppy.
Fodje Bobga was arrested in Cluj, Romania, on December 3, 2020, pursuant to a provisional arrest request from the United States.
The wire fraud conspiracy and wire fraud charges provide for a sentence of up to 20 years in prison. Forging of Seal provides for a maximum sentence of five years in prison. Aggravated Identity Theft provides for a mandatory two years in prison in addition to the other sentences. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The FBI Pittsburgh Field Office conducted the investigation leading to the domain seizures and criminal complaint in this case. The prosecution is being handled by Assistant U.S. Attorneys Shardul Desai and Ira M. Karoll of the Western District of Pennsylvania and Wei Xiang of the Civil Division’s Consumer Protection Branch.
The Justice Department’s Office of International Affairs provided substantial assistance. Law enforcement authorities in Romania including the Romanian National Police, Directorate for Combating Organized Crime and the Cluj Brigade for Combating Organized Crime provided significant cooperation.
The FBI urges vigilance during the COVID-19 pandemic. For resources on keeping yourself and your family safe from hackers and scammers visit: https://www.fbi.gov/coronavirus.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
For more information about the Consumer Protection Branch, visit its website at www.justice.gov/civil/consumer-protection-branch.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Criminal Complaint- Criminal Complaint
Longtime Fugitive Tax Preparer Sentenced to Prison for Tax OffensesRead the Press Release
JOHNSTOWN, Pa. – A longtime fugitive has been sentenced in federal court to 33 months in prison, three years’ supervised release and ordered to pay restitution to the Internal Revenue Service in the amount of $82,129, on his conviction of filing false claims against an agency of the United States, U.S. Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on William Fabiseski, 46, of Tunkhannock, Pa.
According to information presented to the court, from Feb. 10, 2007, to Aug. 23, 2008, Fabiseski, while incarcerated at the State Correctional Institute in Houtzdale, Pa., prepared and filed false, fictitious, and fraudulent income tax returns using the personal identifying information of his fellow inmates knowing such claims were false. The claims he prepared and filed were false in that the purported claimant’s address was false, and the wage and withholding information was false. Fabiseski then kept the proceeds.
Fabiseski was indicted on Jan. 31, 2012, by a federal grand jury in Pittsburgh on charges of filing a false claim against an agency of the United States, After more than seven years on the run, the United States Marshals Service located and arrested the defendant on October 1, 2019, in Scranton, Pa. He was returned to the Western District of Pennsylvania for prosecution.
Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.
U.S. Attorney Brady commended the Internal Revenue Service Criminal Investigation Division for conducting the investigation leading to the prosecution of Fabiseski.
Wilkinsburg Man Sentenced in “SCO” Gang Drug Trafficking CaseRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania has been sentenced in federal court on convictions of narcotics trafficking, United States Attorney Scott W. Brady announced today.
On December 1, 2020, Senior United States District Judge Arthur J. Schwab imposed the sentence of eight years of imprisonment, followed by eight years of supervised release, on Justin Law, 31, formerly of Wilkinsburg, PA.
According to information presented to the Court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. Law enforcement identified several individuals who were illegally distributing controlled substances in the Greater Pittsburgh Region, as members of a neighborhood-based street gang, self-titled "SCO" and whose leader was identified as Howard McFadden.
In January of 2019, investigators obtained authorization to conduct a federal wiretap investigation, which continued through May of 2019. As a result of this investigation, Law, along with 32 others were indicted in June of 2019 by a federal grand jury in three separate, but related, Indictments.
The Court was informed that intercepted communications confirmed that Law was conspiring with others to possess with intent to distribute and distribute heroin and is an associate of one of the main members of the conspiracy and of "SCO." The Court was further informed that Law was a fugitive from June 12, 2019, when law enforcement executed numerous federal arrest and search warrants, until October 3, 2019, when he was arrested by the United States Marshals Western District of Pennsylvania Fugitive Task Force.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Brady commended the multi-agency team, which was led by the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of Law. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies included the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Erie Man Charged with Drug and Gun CrimesRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms and narcotics laws, United States Attorney Scott W. Brady announced today.
The three-count Indictment named Joseph Russell Wayne, Jr., 31, as the sole defendant.
According to the Indictment presented to the court, on November 17, 2020, Wayne possessed a Smith and Wesson, .40 caliber semi-automatic handgun in furtherance of the unlawful possession of marijuana, and additionally possessed a Smith and Wesson, 9mm semi-automatic handgun while prohibited under federal law. The Indictment alleged a total of $462,789.40 in assets are subject to forfeiture as proceeds of the unlawful distribution of marijuana by Wayne.
The law provides for a maximum total sentence of life in prison, a fine of $750,000, 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.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Pennsylvania State Police, the Federal Bureau of Investigation, and the Pennsylvania Office of the Attorney General conducted the investigation leading to the Indictment in this case. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the Fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Charged with Violating Federal Narcotics and Firearms LawsRead the Press Release
JOHNSTOWN, Pa. – Residents of Johnstown, Pa., and Washington, Pa. were indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics laws and firearms laws, United States Attorney Scott W. Brady announced today.
The four-count Indictment named Isiaha Waulk, 24, formerly of Johnstown, Pa., and Derik Carothers, 25, formerly of Washington, Pa., as defendants.
According to the Indictment presented to the court, on or about October 20, 2019, Waulk and Carothers conspired to distribute and possessed with intent to distribute a mixture and substance containing a detectable amount of cocaine base, in the form commonly known as crack. Further, Waulk and Carothers were found in found in possession of numerous firearms and ammunition. On November 4, 2013, Waulk was convicted in the Cambria County Court of Common Pleas of aggravated assault, and on January 16, 2015 of robbery and aggravated assault, which are crimes punishable by imprisonment for a term exceeding one year. On November 7, 2013, Carothers was convicted in the Cambria County Court of Common Pleas of burglary and carrying a firearm without a license, and on March 20, 2017 of carrying a firearm without a license, also crimes punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.
The law provides for a maximum sentence of 20 years to life in prison, a fine of $1,500,000, 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.
Assistant United States Attorney Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pennsylvania State Police 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.
Pittsburgh-area Copper-Processing Company Charged with Felony Violations of the Clean Water ActRead the Press Release
PITTSBURGH, Pa. – A copper-processing company headquartered in Leetsdale, Pennsylvania, was charged in federal court with three counts under the Clean Water Act related to unlawful discharges into the Ohio River over a five-year period, United States Attorney Scott W. Brady announced today. The guilty plea and sentencing hearing has been scheduled for December 15, 2020, at 10:30 a.m., before United States District Judge William S. Stickman, IV.
Libertas Copper, LLC d/b/a Hussey Copper ("Hussey"), was charged by criminal Information on November 30, 2020, with one count each of: (1) submitting a false discharge monitoring report, (2) discharging a quantity of oil that may be harmful to the environment, and (3) failing to make immediate, required notification of such discharge of oil.
"Protecting western Pennsylvania’s precious natural resources is a serious responsibility and a priority of this office," said U.S. Attorney Brady. "As the filing of this Criminal Information makes clear, polluting western Pennsylvania’s waterways and lying about it are crimes that will not be tolerated. If you pollute and try to cover it up, you will be investigated and prosecuted."
"In order to safeguard the environment, it is essential that the government receives accurate, honest and timely information," said Jennifer Lynn, Special Agent in Charge of EPA’s Criminal Enforcement Program in Pennsylvania. "Today’s charges demonstrate that we will hold violators responsible for breaking our environmental laws."
According to the Information, Hussey operated a manufacturing facility on the Ohio River that produced flat-rolled copper products for the electrical distribution, industrial, and residential construction markets. Hussey managed wastewater generated as a result of its copper processing via a wastewater treatment plant (WWTP). The WWTP discharged wastewater via designated internal and external outfalls, including outfalls on the Ohio River. At all relevant times, Hussey operated pursuant to the terms of a National Pollution Discharge Elimination System (NPDES) permit issued by the Pennsylvania Department of Environmental Protection (PADEP), as authorized by the federal Clean Water Act.
As alleged, Hussey’s NPDES permit set specific discharge limits for copper and oil, among other parameters. In addition, Hussey’s NPDES permit required the company to submit discharge monitoring reports (DMRs) on a monthly basis to PADEP, documenting the quantity and quality of the discharges authorized by its NPDES permit during the preceding month. Each DMR was required to be signed and certified as to its accuracy by a responsible corporate officer on behalf of Hussey. According to the Information, between at least June 2012 and continuing through at least May 2017, Hussey knowingly submitted numerous falsified DMRs to PADEP, indicating that various discharges from its outfalls were within applicable permit limits, when in truth and in fact Hussey’s own internal sampling data showed that such discharges had exceeded the relevant limits. The Information further alleges that during this time, Hussey reported false values in monthly DMR submissions to PADEP as to at least 140 parameters subject to discharge limits, including a substantial number of copper discharges. The false parameter values reported to PADEP allegedly concealed permit exceedances on at least 21 monthly DMRs.
Separate from the alleged DMR falsifications, the Information also alleges that Hussey engaged in a years-long pattern of discharging oil in a quantity sufficient to generate oil sheens on the Ohio River, in violation of the Clean Water Act. Between at least January 2012 and continuing until at least 2018, Hussey allegedly documented in internal logs hundreds of observed oil sheens at two of the company’s outfalls on the Ohio River. Notwithstanding these documented observations, Hussey failed to report any of the observed oil sheens to EPA or PADEP, as required by the Clean Water Act. After PADEP issued a notice of violation to Hussey in June 2015, following a citizen complaint of an oil sheen at the company’s outfall, a responsible corporate officer allegedly responded to the state agency that Hussey would report any future oil sheens. Later, in July 2016, a responsible corporate officer communicated to PADEP that there had been no observed oil sheens at Hussey’s outfalls for the prior thirteen months, when, in fact, as alleged, Hussey’s internal logs reflected dozens of sheen observations during that time. The Information further alleges that Hussey did not make an affirmative, required report to PADEP of the presence of oil sheens at its outfalls until June 2018—and even then its reporting was incomplete. According to the Information, Hussey’s oil-sheen reporting in June 2018 referenced sheens observed on three specific days, despite the fact that Hussey’s own internal logs documented observed sheens on fifteen additional days during the relevant month, including multiple sheens during the same week.
The maximum fine for submitting a false DMR (Count One) and failing to make immediate notification of the discharge of a quantity of oil that may be harmful (Count Three) is $500,000. The maximum fine for discharging a quantity of oil that may be harmful (Count Two) is (i) not less than $5,000 per day and not more than $50,000 per day of violation, or (ii) $500,000, whichever is greater. Each count carries a maximum term of probation of at least one year but not more than five years. The actual sentence imposed would be based upon the Court’s consideration of the Sentencing Guidelines and other statutory sentencing factors.
Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government, with assistance from Martin Harrell, Associate Regional Criminal Enforcement Counsel of the Environmental Protection Agency. The EPA’s Criminal Investigation Division conducted the investigation of Hussey Copper.
A criminal Information is an accusation.
A defendant is presumed innocent unless and until proven guilty. The filing of an Information generally indicates that the defendant intends to enter a guilty plea.
Information- Information
Lawrenceville Man Charged with Setting Fire to Wilkinsburg DuplexRead the Press Release
PITTSBURGH, PA – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of Malicious Destruction of Property, United States Attorney Scott W. Brady, announced today.
The one-count Indictment returned on November 17, 2020, named Lawrence Attisano, age 34, of Pittsburgh's Lawrencville neighborhood, as the sole defendant.
According to the Indictment, on or about July 16, 2020, Attisano set fire to the duplex located at 421-423 Lamar Avenue in Wilkinsburg. The occupants of the two residences were able to escape without injury.
Attisano faces a maximum sentence of imprisonment of 20 years and a fine of $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Federal Bureau of Alcohol, Tobacco and Firearms and the Allegheny County Fire Marshal’s office conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. Defendants are presumed innocent unless and until proven guilty.
California Man Sentenced to Prison for Misbranding and Smuggling Conspiracy Involving Online Sale and Distribution of Unapproved Drugs Obtained from OverseasRead the Press Release
PITTSBURGH, Pa. – A resident of Murrieta, California, was sentenced yesterday in federal court for one count of conspiracy to smuggle misbranded drugs into the United States and introduce them into interstate commerce, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab sentenced Justin Ash, 37, to 24 months’ imprisonment followed by three years of supervised release. Ash was also ordered to forfeit a total of approximately $780,000.
During his plea hearing on January 16, 2020, Ash admitted that between January 2016 and May 8, 2018, he engaged in a conspiracy to obtain unapproved drugs in bulk quantities from overseas suppliers, including suppliers in China, for the purpose of pressing the drugs into pills and distributing them to customers throughout the United States via his internet-based business Domestic RCS. Ash’s website, www.domesticrcs.com, advertised multiple unapproved or "misbranded" drugs—clonazolam, diclazepam, flubromazolam, and etizolam—each of which was a non-prescription benzodiazepine or substance with a similar chemical composition. As Ash further acknowledged, these substances carried risks of dependency, toxicity, and even fatal overdose, particularly when combined with other central nervous system depressants. Although his website and the packaging contained in his shipments indicated that the substances were for "research purposes only," Ash admitted that he was aware that the vast majority of his customers purchased the drugs for individual consumption. Indeed, Ash or others acting at his direction communicated directly with individual customers about, among other things, the effects of the drugs when used for personal consumption. In an effort to evade detection by United States federal authorities, including the United States Food and Drug Administration, United States Postal Inspection Service, and United States Customs and Border Protection, Ash also admitted that he caused his overseas suppliers to ship drugs to multiple addresses under his control and in smaller quantities that would draw less government scrutiny.
Assistant United States Attorney Eric G. Olshan prosecuted this case on behalf of the government. The United States Food and Drug Administration – Office of Criminal Investigations and Homeland Security Investigations conducted the investigation leading to the conviction in this case.
Greensburg Man Charged with Conspiring to Distribute MethamphetamineRead the Press Release
PITTSBURGH – A resident of Greensburg, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Tommy Lee Horner, 31, as the sole defendant.
According to the Indictment, from around December 2019 to around January 2020, Horner conspired to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
For Horner’s offense, the law provides for a maximum total sentence of 40 years’ imprisonment, a fine of $5,000,000, 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 David Lew is prosecuting this case on behalf of the government.
The United States Postal Inspection Service, Kiskiminetas Township Police Department, 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.
Felon Pleads Guilty to Illegally Possessing a PistolRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has pleaded guilty in federal court to a charge of possession of a firearm and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.
Aaron Lyons, 26, pleaded guilty before United States District Judge David Cercone to a one-count Superseding Indictment charging him with possession of a firearm and ammunition by a convicted felon.
In connection with the guilty plea, the court was advised that on November 19, 2019, Pittsburgh Police conducted a traffic stop in the East Liberty neighborhood of Pittsburgh of a vehicle in which Lyons was a traveling as a passenger. During the stop, officers conducted a pat down of Lyons for officer safety and felt a gun barrel in his jacket pocket. Following a scuffle resulting from Lyons’ failure to comply with officer instructions, a loaded .40 caliber Smith and Wesson pistol from recovered from Lyons. Lyons had been convicted of four offenses in three different cases between 2014 and 2018. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
Judge Cercone scheduled sentencing for April 6, 2021. For Lyons’ offense, the law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $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.
Assistant United States Attorney David Lew is prosecuting this case on behalf of the government.
The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pittsburgh Bureau of Police conducted the investigation leading to the indictment in this case.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reductions efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevent and reentry programs for lasting reductions in crime.
Another Greensburg Resident Charged in Meth Distribution SchemeRead the Press Release
PITTSBURGH – A resident of Greensburg, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Haley Lynne Hoffman, 28, as the sole defendant.
According to the Indictment, from around December 2019 to around January 2020, Hoffman conspired to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
For Hoffman’s offense, the law provides for a maximum total sentence of 40 years imprisonment, a fine of $5,000,000 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 David Lew is prosecuting this case on behalf of the government.
The United States Postal Inspection Service, Kiskiminetas Township Police Department, 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.
Aliquippa Felon Admits to Possessing Cocaine, a Firearm and AmmunitionRead the Press Release
PITTSBURGH - A Beaver County resident pleaded guilty in federal court to charges of possession with intent to distribute cocaine and possession of a firearm and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.
Antoine Cummings, age 37, of Aliquippa, Pennsylvania, pleaded guilty to two counts before Senior United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that in September 2019, the Beaver County Drug Task Force and Aliquippa Police Department searched an apartment in which Cummings was living. During the search, law enforcement officers found and seized around 51 grams of powder cocaine, a loaded Smith and Wesson 40 caliber pistol, ammunition, and over $5,800, all possessed by Cummings. Because Cummings had prior felony convictions, including one for drug trafficking, he was a person not to possess a firearm and ammunition.
Judge Fischer scheduled sentencing for April 22, 2021 at 1:00 pm. For the charge of possession with intent to distribute cocaine, the law provides for a total sentence of not more than 30 years in prison, a fine not to exceed $2,000,000, or both. For the charge of felon in possession, the law provides for a total sentence of not more than 10 years in prison, a fine of not more than $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, if any, of the defendant.
Pending sentencing, the court ordered that Cummings be detained.
Assistant United States Attorney Brian M. Czarnecki is prosecuting this case on behalf of the government.
The Beaver County Drug Task Force led the multi-agency investigation of this case. Other agencies involved in the investigation include the Beaver County High Intensity Drug Trafficking Area (HIDTA) Task Force, and the Aliquippa Police Department.
Federal Officials Announce the Dismantling of a Multi-Drug Trafficking Organization and the Arrests of its ParticipantsRead the Press Release
PITTSBURGH – Twenty-one members of a drug trafficking organization primarily operating in Washington, Allegheny and Fayette Counties in southwestern Pennsylvania have been indicted by a federal grand jury for trafficking significant quantities of cocaine, crack cocaine, heroin and fentanyl, United States Attorney Scott W. Brady announced today.
"From Erie to Fayette and Lawrence to Cambria, we are systematically dismantling drug trafficking organizations operating in every western Pennsylvania county," said U.S. Attorney Brady. "The Marcus Brown DTO has joined a long list of cocaine and heroin distribution networks that are out of business and behind bars."
"The FBI and our partners will not let drugs and gun violence rip apart our communities," said FBI Pittsburgh Special Agent in Charge Michael Christman. "Many of the people arrested have dangerous, violent criminal histories. They thrived on selling drugs that lead to dangerous consequences. Let this be a warning to other bad actors. The FBI and our partners will stop at nothing to investigate, disrupt and hold accountable those who insist on bringing their harmful business to our neighborhoods."
Seventeen of the defendants were arrested yesterday as part of FBI Operation Skyfall, an OCDETF investigation that included seven months of judicially authorized federal wiretaps of ten phones and identified a drug trafficking organization allegedly headed by Marcus Brown that operated throughout the Western District of Pennsylvania and New Jersey. Four of the defendants were already in custody. According to a Criminal Complaint filed in October, Marcus Brown and Steve Law, IV obtained cocaine and heroin in New Jersey and then transported the cocaine and heroin back to the Western District of Pennsylvania for distribution to others in the conspiracy.
Specifically, the Indictment returned on Nov. 12 and unsealed yesterday charges the following individuals at Count One with conspiring to distribute and possess with intent to distribute five kilograms or more of cocaine, in the Western District of Pennsylvania and elsewhere, from in and around April of 2020 and continuing until on or about October 27, 2020:
Marcus Brown, 33, of Washington, PA;
Brandon Boone, 38, of Washington, PA;
Kenneth Brooks, Jr., 27, of Washington, PA;
Kevin Bush, 51, of Washington, PA;
Marc Cain, 57, of Washington, PA;
Brian Householder, 57, of Greensburg, PA;
Steve Law, IV, 29, of Washington, PA;
Princess Makokele, 40, of Washington, PA;
David McComb, 32, of Coraopolis, PA;
Steve Miller, 48, of Allegheny, PA;
Andrew Molinaro, 42, of Canonsburg, PA;
Johnnita Richardson, 33, of Washington, PA;
Warren Sadler, 56, of Washington, PA;
Matthew Spicer, 50, of Canonsburg, PA;
Kristen Steffan, 36, of Canonsburg, PA; and
James Vance, 36, of Jersey City, NJ.
The Indictment also charges the following individuals at Count Two with conspiring to distribute and possess with intent to distribute 280 grams or more of crack cocaine, in the Western District of Pennsylvania and elsewhere, from in and around June of 2020 and continuing until on or about October 27, 2020:
Marcus Brown, 33, of Washington, PA;
Brandon Boone, 38, of Washington, PA;
Kenneth Brooks, Jr., 27, of Washington, PA;
Michael Brown, 56, of Brownsville, PA;
Steve Law, IV, 29, of Washington, PA;
Princess Makokele, 40, of Washington, PA;
Michael Pusateri, 39, of Washington, PA; and
Warren Sadler, 56, of Washington, PA.
At Count Three, the Indictment charges the following individuals with conspiring to distribute and possess with intent to distribute a quantity of cocaine, in the Western District of Pennsylvania, from in and around June of 2020 and continuing until in and around August of 2020:
Walter Brunson, Jr., 51, of Pittsburgh, PA;
Shawn McFarland, 51, of Lawrence, PA;
Matthew Spicer, 50, of Canonsburg, PA; and
Bradley Stopperich, 49, of Washington, PA.
Finally, at Count Four, the Indictment charges the following individuals with conspiring to distribute and possess with intent to distribute a quantities of heroin and fentanyl, in the Western District of Pennsylvania and elsewhere, from in and around August of 2020 and continuing until on or about October 27, 2020:
Marcus Brown, 33, of Washington, PA;
Kenneth Brooks, Jr., 27, of Washington, PA;
Steve Law, IV, 29, of Washington, PA; and
James Vance, 36, of Jersey City, NJ.
As to Counts One and Two, the law provides for a maximum total sentence of not less than 10 years to a maximum of life imprisonment, a fine of up to $10,000,000, or both, as to each charged Defendant. As to Counts Three and Four, the law provides for a maximum total sentence of not more than 20 years, a fine up to $1,000,000, or both, as to each charged Defendant. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendants.
Assistant United States Attorneys Mark V. Gurzo and Jerome A. Moschetta are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation in Pittsburgh, PA led the multi-agency investigation that included members of the Pennsylvania State Police, United States Postal Inspection Service, Allegheny County Police Department, Allegheny County Port Authority Police Department, Allegheny County Sherriff’s Office, Pittsburgh Bureau of Police, Stowe Township Police Department, and North Versailles Police Department.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney Scott Brady Establishes “Dick Thornburgh Award” to Recognize an Outstanding Federal Prosecutor in the Western District of PennsylvaniaRead the Press Release
PITTSBURGH – United States Attorney Scott Brady of the Western District of Pennsylvania has established an annual award to recognize sustained outstanding performance by an Assistant United States Attorney in the U.S. Attorney’s office.
"The Dick Thornburgh Award will be presented annually to an outstanding federal prosecutor in the Western District of Pennsylvania who exhibits the commitment to justice and the highest ethical standards that were embodied by General Thornburgh throughout his career," said U.S. Attorney Brady. "General Thornburgh casts a long shadow, and his impact on the US Attorney’s Office, the Commonwealth of Pennsylvania, the Department of Justice and to our great Republic has been profound."
Mr. Thornburgh is a former Attorney General of the United States, U.S. Attorney for the Western District of Pennsylvania, and Pennsylvania Governor.
"General Thornburgh’s legacy has been one not only of fierce intellect and love of justice, but also, like the Pittsburgher he is, an impact infused with his trademark integrity, grace and humility," U.S. Attorney Brady added. "Because of this great legacy, I thought it was important to honor him with an annual award for our top prosecutor."
The inaugural award was presented on November 5, 2020, at the Western Pennsylvania Law Enforcement Agency Directors’ (LEAD) 22nd Annual Awards Ceremony at Freedom Farms Event Center, in Valencia, Pennsylvania. Former Pennsylvania Governor and U.S. Attorney for the Western District of Pennsylvania, Tom Corbett, presented the inaugural award to Assistant U.S. Attorney Brendan T. Conway, Chief of the Major Crimes division.
U.S. Attorney General William Barr provided a videotaped statement of congratulations to AUSA Conway in which AG Barr recalled his work experiences with Dick Thornburgh, the first Attorney General for whom he worked. AG Barr recalled General Thornburgh as "substantive – a lawyer’s lawyer", "an outstanding leader" and "a man of unquestioned integrity and courage".
"Away from the Department, he was a model of personal decency and public service, contributing on issues ranging from international affairs to the rights of the disabled," AG Barr added. "He remains a generous, good-hearted man, and all those he touched along the way will be forever grateful.
John Thornburgh, a senior partner with WittKieffer, offered brief remarks on behalf of his father. "My father is truly honored by this recognition," he said. "He has a lifelong passion for the Department of Justice, and is thrilled to have his name associated with this annual award given for outstanding service in the U.S. Attorney's office where his career began."
"I am humbled and honored to be named the recipient of the inaugural Dick Thornburgh award. General Thornburgh has a long legacy of integrity and public service that we at the U.S. Attorney’s Office try to emulate," said AUSA Conway. "This award represents the hard work and dedication of many, including not only professionals in our office, but also our law enforcement partners who investigate the cases we prosecute. I am proud to represent them in accepting this prestigious award."
Dick Thornburgh was born on July 16, 1932 in Pittsburgh, Pennsylvania. He graduated with a bachelor’s degree in engineering from Yale University in 1954 and earned his LL.B degree from the University of Pittsburgh in 1957. Mr. Thornburgh also holds honorary degrees from 31 colleges and universities.
Following law school, Mr. Thornburgh worked in private industry until 1959 when he joined the Pittsburgh law firm then known as Kirkpatrick & Lockhart. In 1967, he was elected as a delegate to the Pennsylvania Constitutional Convention. From 1969 to 1975, Mr. Thornburgh was the U.S. Attorney for the Western District of Pennsylvania and was appointed Assistant Attorney General for the Criminal Division in 1975, serving two years in Washington, D.C. in that role before returning to private practice as a partner at Kirkpatrick & Lockhart. Pennsylvania elected Mr. Thornburgh governor in 1979 and he served two terms. Mr. Thornburgh also taught courses at the Harvard University Kennedy School of Government and directed that school’s Institute of Politics from 1987 to 1988.
Appointed by President Reagan, Dick Thornburgh was sworn in as Attorney General on August 12, 1988. President George H.W. Bush reinstated him as Attorney General in 1989 and he served until 1991. In 1992, the American Legion honored Mr. Thornburgh with its highest award, the "Distinguished Services Medal." He published his autobiography in 2003 entitled, Where the Evidence Leads: The Autobiography of Dick Thornburgh.
PA Pharmacist Pleads Guilty and is Sentenced for Unlawfully Dispensing PainkillersRead the Press Release
PITTSBURGH, PA - A resident of Johnstown, Pennsylvania pleaded guilty in federal court to a charge of unlawfully distributing or dispensing a controlled substance, and was sentenced to six months probation and fine of $3,000, United States Attorney Scott W. Brady announced today.
Joseph Martella, Jr., 57, pleaded guilty before, and was sentenced, by United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that between November 2013 and June 2016, Martella, a licensed Pennsylvania pharmacist, dispensed oxycodone, morphine sulfate and hydrocodone by filling prescriptions at Martella Pharmacy in Johnstown, Pennsylvania, knowing said prescriptions were not issued for legitimate medical purposes.
In addition, Martella agreed in a settlement with the United States Attorney’s Office and the Drug Enforcement Administration (DEA) that he would not dispense Schedule II or III narcotics for a period of three years and that Martella’s Pharmacy would pay a civil settlement of $300,000 and follow regulatory and reporting requirements established by the DEA.
Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.
The Drug Enforcement Administration conducted the investigation that led to the prosecution of Martella.
Monessen Man Sentenced to 6½ Years for Possessing Child Sexual Abuse VideosRead the Press Release
PITTSBURGH - A resident of Monessen, Pennsylvania, has been sentenced in federal court to 78 months’ imprisonment and 15 years of supervised release on his conviction of Possession of Material Depicting the Sexual Exploitation of a Minor, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Jack Brian LaForte, 56, of Monessen, Pennsylvania.
According to information presented to the court, the Department of Homeland Security Investigations (HSI) began investigating Mr. LaForte for violations of online child exploitation offenses after receiving information about an individual who had uploaded an image depicting a minor engaged in sexually explicit conduct. Agents were able to trace the upload of this child sexual abuse material to Mr. LaForte’s residence in Monessen, Pennsylvania. Upon executing a search warrant at Mr. LaForte’s residence in June 2019, Agents seized a laptop computer from Mr. LaForte that contained material, namely videos, of minors engaging in the lewd and lascivious display of their genitals, as well as engaged in sexually explicit conduct. The child sexual abuse material recovered from Mr. LaForte’s computer included videos depicting prepubescent minors who had not attained 12 years of age. At that time, Mr. LaForte spoke to agents and admitted to engaging in the criminal conduct.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Brady commended the Department of Homeland Security Investigations for the investigation leading to the successful prosecution of LaForte.
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.
Former Uniontown Medical Group Office Manager Sentenced to Prison for Embezzlement and Tax SchemeRead the Press Release
PITTSBURGH, PA - A resident of Fayette County, PA, has been sentenced in federal court to 28 months’ incarceration followed by three years of supervised release on charges of wire fraud and filing false income tax returns, United States Attorney Scott W. Brady announced today. Additionally, the defendant was ordered to forfeit to the United States approximately $926,940, and additional funds she maintained in a 401K retirement account held by her employer, Grandview Medical Management. She was also ordered to make restitution to the IRS totaling $270,426.
United States District Judge Mark R. Hornak imposed the sentence on Cynthia L. Demniak, 60, of Leckrone, PA.
The government represented to the court that between 2013 and 2018. Demniak, in her position as office manager for Grandview Medical Management located in Uniontown, PA, embezzled approximately $926,940 from her employer, which she used for personal expenses and to satisfy a gambling addiction. The court was also advised that for tax years 2013 through 2018, Demniak materially underreported the embezzled income from Grandview Medical Center on her federal income tax returns.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
The Internal Revenue Service-Criminal Investigations and United States Postal Inspection Service are conducted the investigation that led to the prosecution and conviction of Cynthia L. Demniak.
Erie Woman Prepared False Tax Returns for Herself and OthersRead the Press Release
Erie, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of filing false income tax returns and aiding and assisting the filing of false and fraudulent income tax returns, United States Attorney Scott W. Brady announced today.
Andrea Jones, 52, pleaded guilty to fourteen counts before United States District Judge Stephanie L. Haines.
In connection with the guilty plea, the court was advised that Jones prepared and filed false federal income tax returns for herself and others, who used her as their return preparer, for tax years 2011, 2012, 2013, 2014 and 2015.
Judge Haines scheduled sentencing for March 9, 2021 at 10:30 a.m. The law provides for a total sentence of 42 years in prison, a fine of $3,500,000, 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.
Pending sentencing, the court continued Jones on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Internal Revenue Service, Criminal Investigation conducted the investigation that led to the prosecution of Jones.
Erie Man Charged with Violating Federal Firearms LawsRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to unlawfully exporting firearm ammunition magazines, smuggling goods from the United States, and possessing unregistered firearms, United States Attorney Scott W. Brady announced today.
The three-count Superseding Indictment named Donald Robert Witherow, 47, 6661 Buffalo Road, Erie, Pennsylvania, as the sole defendant.
According to the Superseding Indictment presented to the court, in September 2019, Witherow, without first obtaining the required approval, sent ammunition and ammunition magazines to the Netherlands. In addition, on March 26, 2020, Witherow possessed unregistered firearms, namely destructive devices.
The law provides for a maximum total sentence of 40 years in prison, a fine of $1,500,000, 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.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation leading to the superseding indictment in this case. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the Fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Water and Sewer Authority to Plead Guilty to Clean Water Act Violations; Former Treatment Plant Supervisor IndictedRead the Press Release
PITTSBURGH – The Pittsburgh Water and Sewer Authority (PWSA), headquartered in downtown Pittsburgh, has been charged by criminal information in federal court and a former supervisor has been indicted for violating the Clean Water Act, United States Attorney Scott W. Brady announced today.
The Pittsburgh Water and Sewer Authority has been charged and will plead guilty to one count of violating its National Pollutant Discharge Elimination System Permit (the NPDES Permit) by discharging sludge into the Allegheny River. The Authority will also plead guilty to seven counts of making false statements in written reports about the amount of sludge it was sending the ALCOSAN’s waste treatment facility. Under the terms of the plea agreement, PWSA will agree to adhere to the terms of a comprehensive Environmental Compliance Program to correct the violations of federal law and to prevent further unlawful pollution of the Allegheny River.
In a related matter, former Aspinwall Drinking Water Treatment Plant supervisor Glenn Lijewski, 69, of Pittsburgh, was indicted on November 12, 2020, and charged with one count of conspiracy to violate the Clean Water Act and two counts of violating the PWSA’s Clean Water Act Industrial User Permit. The indictment alleges that Lijewski was directly responsible for the unauthorized discharge of clarifier sludge into the Allegheny River in violation of the PWSA’s NPDES Permit. It further alleges Lijewski directed other plant employees to discharge sludge into the river. Finally, the indictment alleges Lijewski directed employees to use estimated sludge flow numbers instead of actual numbers, and that the use of these estimated numbers violated PWSA’s Industrial User Permit.
"For seven years, the Pittsburgh Water and Sewer Authority has failed to meet its public trust obligations in complying with the Clean Water Act during the production of drinking water for the citizens of Pittsburgh," said U.S. Attorney Brady. "Today’s criminal charges shed light on years of mismanagement and malfeasance. The Department of Justice and the Environmental Protection Agency are committed to protecting you and your families by ensuring that the water you drink is produced safely and that the area’s rivers are not polluted with waste."
"The people of Pittsburgh deserve and expect local utilities to obey environmental requirements that protect natural resources," said EPA Special Agent in Charge Jennifer Lynn. "The defendants in this case are accused of dumping sludge into the Allegheny River. Today’s charges show that EPA and our law enforcement partners are committed to enforcing regulations that help protect our communities from environmental and health hazards."
The Criminal Information filed today alleges that PWSA violated its NPDES Permit when its employees at the Aspinwall Drinking Water Treatment Plant discharged sludge generated during the drinking water treatment process into the Allegheny River. During this process various chemicals are added to water drawn from the Allegheny River. These chemicals cause small particles suspended in the water to clump together. Afterwards, the partially treated water is transferred to two large sedimentation basins where solids and debris settle out. The water is then transferred back to the Aspinwall Plant where it was subjected to a clarification process. This took place in a facility known as the Clarifier Building, which contains four large concrete basins known as clarifiers. The addition of chemicals to the water promoted the generation of additional clumps of solids which settled on the bottom of each clarifier and were pumped to a large concrete structure located near the banks of the Allegheny River. The solids were referred to as sludge and the large concrete pit was referred to as "the sludge pit," "the ALCOSAN pit," or "FM-5." FM-5 had pipes that led to the Allegheny River and sewer line.
Under the terms of its NPDES Permit, PWSA was only permitted to discharge storm runoff water and partially treated drinking water that needed to be emptied out of a clarifier prior to cleaning and repairs. That water was referred to as "clarifier blowdown." PWSA was not permitted to discharge clarifier sludge into the Allegheny River.
Instead, between 2010 and May 2017, PWSA employees and supervisors at the Aspinwall Plant diverted and discharged sludge into the Allegheny River. By using electronic or manual controls at FM- 5, the employees caused the sludge to flow from FM-5 to a discharge point known as Outfall 012 and then into the Allegheny River.
At various points, plumes of discolored water, some of which were several hundred feet long, and solids were visible in the river. Over time, the sludge discharge resulted in a buildup of solids. Employees at the Aspinwall Plant referred to the buildup as an island. Birds were also observed walking on the island when the river levels were low. The river’s currents dissipated the island over time, but the island would reappear when new discharges occurred.
PWSA had also been issued a Clean Water Act Industrial User Permit by ALCOSAN. Under the terms of this permit, PWSA was permitted to ship one million gallons of sludge per day to ALCOSAN’s waste treatment facility. The permit required PWSA to determine the daily amount of sludge through the use of a meter. PWSA installed flow meters at FM-5 and at the clarifier basins. The readings from the meters had to be included in bi-annual reports PWSA was required to submit under the penalties of perjury to ALCOSAN.
The flow meters at two of the clarifier basins broke in or around late December 2014 or early January 2015. The meter at FM-5 also broke and was inactive by early 2015. As a result, PWSA supervisors at the plant instructed the plant’s operators to estimate the amount of sludge flowing from the clarifier basins to FM-5 and from there to the ALCOSAN facility. These estimates were also included in the reports PWSA sent to ALCOSAN. These reports also represented that PWSA’s employees periodically checked the calibration of the sludge flow meters to ensure they were within factory limits.
Each report was signed by a PWSA representative as being "true, accurate, and complete."
In July 2019, PWSA’s management obtained approval from PWSA’s Board of Directors for funds in "the amount of $47,852,71 to furnish and install four new flow meters for the sludge valves associated with each of the four clarifiers at the Aspinwall Water Treatment Plant." On January 15, 2020, investigators from the EPA, an attorney from the United States Attorney’s Office, and an attorney from EPA, Criminal Enforcement visited the Aspinwall Plant to interview employees and tour the facility. Part of the tour included a walk through the Clarifier Building and past the meters. No mention as to the inoperability of the meters was made. The following day, two of PWSA’s employees informed the investigators and the prosecutors that two of the meters were broken and had been for years. In February 2020, PWSA replaced the sludge flow meters, more than five years after they had broken.
Under the terms of the plea agreement PWSA will be placed on probation for a period of three years. In lieu of a fine, PWSA will be required to pay $500,000 into a self-funded Compliance Fund. Under the terms of the plea agreement, PWSA is not permitted to use the fund’s cost as a justification for any rate increase proposal it may submit to the Pennsylvania Public Utility Commission. The fund will be used to pay for comprehensive environmental compliance program to which PWSA must adhere. This program will be subject to the approval of the United States Attorney’s Office and will focus on the production of drinking water; PWSA’s compliance with it NPDES and Industrial User Permits; and the proper storage of chemicals at the plant. The United States Attorney’s Office and the EPA will monitor implementation of the plan during PWSA’s period of probation. PWSA will also be required to provide annual environmental audits to the United States Attorney’s Office and the EPA. These audits will also be available on the Authority’s website for the public’s benefit. PWSA will also be required to install an Environmental Compliance Manager at the Aspinwall Plant. This individual will be authorized to receive complaints and conduct investigations concerning environmental issues occurring at the plant.
For Lijewski, the law provides for a maximum term of imprisonment of five years as to the Conspiracy count and three years for a violation of a Clean Water Act Industrial User Permit. There are also potential fines associated with these crimes. 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 defendants.
Assistant United States Attorney Michael Leo Ivory and Martin Harrell, a criminal enforcement attorney with EPA Region 3 Office of Regional Counsel, are prosecuting this case on behalf of the government.
The Environmental Protection Agency conducted the investigation that led to the prosecution of the Pittsburgh Water and Sewer Authority.
Nazi-Obsessed Felon Sentenced to Prison for Illegally Possessing Guns and AmmunitionRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 32 months in prison to be followed by three years of supervised release on his conviction of possession of a firearm and ammunition by a convicted felon, United States Attorney Scott W. Brady announced today.
United States District Judge Robert J. Colville imposed the sentence on Dennis Alan Riggs, 51.
Prior to imposing sentence, Judge Colville stated that Riggs, a prohibited felon, possessed seven firearms and over 1000 rounds of ammunition, including an AR-15, a semi-automatic weapon capable of accepting a large capacity magazine.
The search of Riggs’ residence and cellular phone revealed Riggs’ obsession with Nazi ideology, Adolf Hitler and mass shooters. His cellular phone displayed photographs and videos of Riggs posing with the AR-15 wearing a Nazi Swastika shirt. The video specifically depicts Riggs cocking the illegal AR-15 and performing the Nazi "Heil Hitler salute", which Judge Colville indicated "exceeds the bounds of mere political expression".
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Riggs.
Pittsburgh Man Pleads Guilty to Defrauding Social SecurityRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to charges of theft of government money, Social Security fraud, and Social Security representative payee misuse, United States Attorney Scott W. Brady announced today.
John Robert Mahoney, age 53, of pleaded guilty to four counts before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that Mahoney applied to the Social Security Administration (SSA) be the representative payee for his minor child and receive Social Security Title II survivor benefits and Title XVI Supplemental Security Income (SSI) benefits on her behalf. As a representative payee, Mahoney was required to report to the SSA if his child left his household and was required to use SSA funds for the child’s benefit or save them.
In October 2015, Mahoney’s child was removed from his custody, and he failed to report the removal to the SSA as required. Mahoney continued to receive Title XVI payments on behalf of the child until December 2017 and Title II payments until April 2018. He also submitted a Representative Payee Report to SSA in which he falsely stated that the child had resided with him the prior year. Mahoney used money he received from SSA to pay his rent rather than for the child’s benefit. The overpayment by the SSA to Mahoney was $22,611.62.
Judge Bissoon scheduled sentencing for March 9, 2021. For the offense of theft of government money, the law provides for a maximum sentence of not more than 10 years in prison, a fine of $250,000, or both. For each offense of Social Security fraud and Social Security representative payee misuse, the law provides for a maximum sentence of not more than five 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, if any, of the defendant.
Assistant United States Attorney David Lew is prosecuting this case on behalf of the government.
The U.S. Social Security Administration – Office of Inspector General conducted the investigation leading to the indictment in this case.
Pittsburgh Man Charges with Drug and Gun Law OffensesRead the Press Release
PITTSBURGH, PA- A resident of Pittsburgh, Pennsylvania has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The four-count Indictment named Kendre Cain, 22, as the sole defendant.
According to the Indictment, on or about May 20, 2020, the defendant possessed fentanyl with the intent to distribute and a firearm, after being convicted of a crime punishable by more than one year in prison. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition. The Indictment further alleges that the firearm, which had an obliterated serial number, was possessed in furtherance of a drug trafficking crime.
The law provides for a maximum total sentence of life in prison, a fine of $1,750,000 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. The defendant remains incarcerated pending the resolution of the case.
Assistant United States Attorney Jonathan D. Lusty is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case. The case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Nanty Glo Man Charged with Violating Federal Drug and Gun LawsRead the Press Release
JOHNSTOWN, Pa. – A resident of Nanty Glo, Pa., was indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics laws and firearms laws, United States Attorney Scott W. Brady announced today.
The three-count Superseding Indictment named Seth Long, 35, as the sole defendant.
According to the Superseding Indictment presented to the court, on or about June 3, 2020, Long was found in possession of numerous firearms and ammunition by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime. Further, on or about June 3, 2020, Long possessed with intent to distribute quantities of a mixtures and substances containing detectable amounts of methylenedioxymethampehtamine (MDMA), heroin, lysergic acid diethylamide (LSD), methamphetamine, morphine, phencyclidine (PCP), cocaine and ketamine.
The law provides for a minimum sentence of 5 years up to life in prison, a fine of $2,000,000, 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 of the defendant.
Assistant United States Attorney Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
The Department of Homeland Security Investigations, United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Pennsylvania State Police conducted the investigation leading to the Superseding Indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pennsylvania Man Charged with Trafficking in Endangered and Invasive FishRead the Press Release
WASHINGTON – A Pennsylvania man has been indicted in the Western District of Pennsylvania for violating the Lacey Act.
The three-count indictment charged Anthony Nguyen, aka JoJo Nguyen and Jackie Lee, 48, of Pittsburgh, Pennsylvania, with trafficking in endangered Asian arowana and invasive snakehead fish. Nguyen owned and operated a Pittsburgh business specializing in the sale of rare and exotic freshwater tropical fish species.
"Snakeheads present a serious risk to our native ecosystems," said Principal Deputy Assistant Attorney General Jonathan D. Brightbill for the Justice Department’s Environment and Natural Resources Division. "These fish are prohibited for a reason. They are voracious predators, can live out of water for days, can move across land, and can wipe out the native species that inhabit freshwaters of the United States."
"The illegal trafficking of endangered and invasive wildlife represents a serious threat to our critical ecosystems," said U.S. Attorney Scott W. Brady of the Western District of Pennsylvania. "I commend the U.S. Fish and Wildlife Service, Office of Law Enforcement for their investigation of this matter. My office will continue to aggressively prosecute those individuals who engage in the illegal selling of wildlife."
According to the indictment, Nguyen violated the Lacey Act in 2016 when he sold illegally imported Asian arowana, which are native to Southeast Asia and are protected under the U.S. Endangered Species Act (ESA). Arowana, also known as "dragon fish" or "Asian bonytongue fish," are considered the most expensive freshwater fish on earth, with highly sought-after specimens selling for tens of thousands of dollars. Arowana are also listed in Appendix I of the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), which is reserved for the most endangered species of fish and wildlife.
Nguyen was also charged under the Lacey Act for selling invasive injurious snakehead fish in 2019, in violation of Pennsylvania law, and for falsifying documents related to the snakehead shipment. Snakeheads are native to Asia, but have been introduced into freshwater habitats in the U.S.
The investigation is being conducted by the U.S. Fish and Wildlife Service, Office of Law Enforcement. The Pennsylvania Fish and Boat Commission and the California Department of Fish and Wildlife also provided assistance during the investigation. The case is being prosecuted by Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Eric G. Olshan.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Pennsylvania Man Charged with Trafficking in Endangered and Invasive FishRead the Press Release
A Pennsylvania man has been indicted in the Western District of Pennsylvania for violating the Lacey Act.
The three-count indictment charged Anthony Nguyen, aka JoJo Nguyen and Jackie Lee, 48, of Pittsburgh, Pennsylvania, with trafficking in endangered Asian arowana and invasive snakehead fish. Nguyen owned and operated a Pittsburgh business specializing in the sale of rare and exotic freshwater tropical fish species.
“Snakeheads present a serious risk to our native ecosystems,” said Principal Deputy Assistant Attorney General Jonathan D. Brightbill for the Justice Department’s Environment and Natural Resources Division. “These fish are prohibited for a reason. They are voracious predators, can live out of water for days, can move across land, and can wipe out the native species that inhabit freshwaters of the United States.”
“The illegal trafficking of endangered and invasive wildlife represents a serious threat to our critical ecosystems,” said U.S. Attorney Scott W. Brady of the Western District of Pennsylvania. “I commend the U.S. Fish and Wildlife Service, Office of Law Enforcement for their investigation of this matter. My office will continue to aggressively prosecute those individuals who engage in the illegal selling of wildlife.”
According to the indictment, Nguyen violated the Lacey Act in 2016 when he sold illegally imported Asian arowana, which are native to Southeast Asia and are protected under the U.S. Endangered Species Act (ESA). Arowana, also known as “dragon fish” or “Asian bonytongue fish,” are considered the most expensive freshwater fish on earth, with highly sought-after specimens selling for tens of thousands of dollars. Arowana are also listed in Appendix I of the Convention on International Trade in Endangered Species of Flora and Fauna (CITES), which is reserved for the most endangered species of fish and wildlife.
Nguyen was also charged under the Lacey Act for selling invasive injurious snakehead fish in 2019, in violation of Pennsylvania law, and for falsifying documents related to the snakehead shipment. Snakeheads are native to Asia, but have been introduced into freshwater habitats in the U.S.
The investigation is being conducted by the U.S. Fish and Wildlife Service, Office of Law Enforcement. The Pennsylvania Fish and Boat Commission and the California Department of Fish and Wildlife also provided assistance during the investigation. The case is being prosecuted by Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Eric G. Olshan.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former Corrections Officer and Federal Detainee Indicted for Bribery Conspiracy Involving Contraband Cellphones Smuggled into the Indiana County JailRead the Press Release
PITTSBURGH, PA - A former resident of Home, Pennsylvania, and a federal detainee housed at the Indiana County Jail (ICJ) have been indicted by a federal grand jury in Pittsburgh on charges related to a bribery conspiracy involving smuggled contraband cellphones, United States Attorney Scott W. Brady announced today.
The five-count Indictment, returned on November 13 and unsealed today, charges Alex Lewis, 25, and Rashon Richardson, 30, with conspiracy to commit bribery, bribery of a public official, and use of a facility in interstate commerce in aid of bribery. Lewis is also charged with extortion under color of official right.
According to the Indictment, between June and August 2019, Lewis accepted multiple bribes from Rashon Richardson, while Lewis was employed as a corrections officer and Richardson was a federal detainee housed at ICJ pursuant to a contract with the United States Marshals Service. As part of the conspiracy, the Indictment alleges Richardson used an intermediary outside ICJ to meet with Lewis and pay bribes in the form of cash and, on one occasion, via a $400 payment to Lewis’s Cash App account. In return for the bribe payments, Lewis allegedly smuggled multiple contraband cellphones into ICJ for use by Richardson and other federal detainees housed at the facility.
The law provides for a maximum sentence of not more than five years in prison for the conspiracy charge, 15 years for the bribery charges, 20 years for the extortion under color of official right charge, and five years for the use of facilities in interstate commerce in aid of bribery charge. The maximum fine per count in this case is $250,000. 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 defendants.
Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case. The Pennsylvania State Police and Indiana County Jail also provided assistance during the course of the investigation.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal Inmate Sentenced to 41 Months for Laundering Drug Trafficking ProceedsRead the Press Release
PITTSBURGH - Thomas Hopes was sentenced to 41 months in prison for conspiring to launder drug-trafficking proceeds between 2017 and 2019, United States Attorney Scott W. Brady announced today.
Hopes, age 29, formerly of Pittsburgh, was sentenced by United States District Judge J. Nicholas Ranjan. Judge Ranjan directed that 15 months of the 41-month prison sentence be served consecutively to the federal prison sentence Hopes was serving at the time of the crime. Hopes’s prior federal prison sentence was for conspiring to distribute at least one kilogram of heroin. He was serving that sentence at FCI-Elkton in Ohio when he committed the money-laundering crime between 2017 and 2019.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service, the Federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Pittsburgh Man Indicted on Child Sexual Exploitation and Sextortion ChargesRead the Press Release
PITTSBURGH – A former resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on child sexual exploitation charges and for making threatening interstate communications with the intent to extort, United States Attorney Scott W. Brady announced today.
The five-count Indictment named Markell Smith, age 24, as the sole defendant.
According to the Indictment, on May 31, 2018, Smith transmitted a communication containing a threat to injure the person, property, and reputation of Minor 1, a minor female resident of New Jersey, and her family. The Indictment further alleges that on that day, Smith attempted to and did coerce and induce Minor 1 to engage in sexually explicit conduct for the purpose of producing a visual image and received and attempted to receive a visual depiction of Minor 1 engaging in sexually explicit conduct. The Indictment also alleges that on November 8, 2019, Smith possessed other visual depictions, namely videos and images in computer graphic and digital files, the production of which involved the use of minors engaging in sexually explicit conduct.
The law provides for a maximum total sentence of up to 30 years in prison, a fine of $1,000,000 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.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Red Bank (New Jersey) Police Department 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.
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.
West Virginia Woman Pleads Guilty in Coupon Fraud Scheme Targeting Kmart Stores in 25 StatesRead the Press Release
PITTSBURGH - A resident of Martinsburg, West Virginia, pleaded guilty in federal court to a charge of wire fraud, United States Attorney Scott W. Brady announced today.
Tanya Thompson a/k/a Tanya Wetzel, 38, pleaded guilty to one count before Senior United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that, between June 2017 and December 2017, Thompson possessed and used fraudulent mobile device coupons at numerous Kmart stores in approximately 25 states. Thompson used the fraudulent coupons to purchase third party gift cards and prepaid credit cards. The total loss to Kmart was approximately $94,977.50.
Judge Conti scheduled sentencing for April 14, 2021 at 11:00 a.m. The law provides for a total sentence of 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, if any, of the defendant.
Pending sentencing, the court permitted Thompson to remain free on bond.
Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Tanya Thompson a/k/a Tanya Wetzel.
Miami Couple Charged in $3.3M Scheme to Defraud Verizon WirelessRead the Press Release
PITTSBURGH – A couple from Miami, Florida, has been indicted by a federal grand jury on charges of conspiracy to commit wire fraud and conspiracy to commit money laundering, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on September 23, 2020, named Samuel T. Johnson, 31, and Daphne Debrosse, 30, as defendants.
According to the Indictment and information presented to the court, Johnson, Debrosse, and others conspired to defraud Verizon Wireless by fraudulently obtaining new, in-box cellular devices and reselling them on the illicit market. Through various means, Johnson was able to compromise existing Verizon accounts and charge the various devices to them. Johnson also created fraudulent accounts and charged devices to those as well. Afterwards, Johnson, Debrosse, and other others would retrieve the purloined devices from various Apple Stores and other third-party vendors, located throughout the United States. Johnson, Debrosse, and others would then resell them.
According to information presented in court, the conspiracy illegally obtained approximately 2,941 devices worth approximately $3,398,394.21. The devices were purchased in the names of various aliases. When law enforcement executed a search warrant at the apartment Johnson and Debrosse shared, they recovered currency totaling $619,184.00, which was seized. Law enforcement also initiated forfeiture proceedings against a 2019 Lamborghini Urus that Johnson had purchased on the grounds that it had been bought with illegal proceeds. The court also received information that Johnson and Debrosse conspired to commit money laundering by depositing the fraud proceeds into 13 different bank accounts. Between January 2017 and April 2019, a total of $813,227.59 was deposited into the accounts. Johnson used some this money to further the wire fraud conspiracy to pay for traveling expenses when he retrieved the illegally obtained cellular devices. The court received information that Johnson traveled to 21 different states during the conspiracy’s existence to obtain the phones.
At the conclusion of a detention hearing held on November 5, 2020, Chief United States Magistrate Judge John J. O’Sullivan in the Southern District of Florida ruled that Johnson was to be detained pending trial on the grounds that he constituted a flight risk
The law provides for a maximum total sentence of 40 years in prison, a fine of $6,796,788.00 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 Michael Leo Ivory is prosecuting this case on behalf of the government.
The Internal Revenue Service – Criminal Investigation and Homeland Security Investigations, with the assistance of Verizon Global Corporate Security Solutions and Apple Global Security Loss Prevention, 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.
Meadville Resident Indicted on Child Sexual Exploitation OffensesRead the Press Release
ERIE, Pa. - A former resident of Meadville, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
The three-count Indictment named Nathan L. Troup, 40, as the sole defendant.
According to the Indictment presented to the court, Troup attempted to induce, entice and persuade an undercover investigator posing as a fifteen year old male to engage in illegal sexual activity and then traveled to Ohio for the purpose of meeting the purported fifteen year old for illegal sexual activity. Troup also sent pictures of his exposed penis to the undercover investigator posing as a fifteen year old.
The law provides for a maximum total sentence of life imprisonment, a fine of $750,000, 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.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Homeland Security Investigations, the Ohio Internet Crimes Against Children (ICAC) Task Force, and the Cuyahoga County Prosecutor’s Office conducted the investigation leading to the Indictment in this case. 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.