FEDERAL DISTRICT ARCHIVE
Eastern District of Pennsylvania
Press releases recorded for this federal judicial district.
Philadelphia Man Charged with Twelve Counts of Drug DisitributionRead the Press Release
Richard Bernard, 38, of Philadelphia, Pennsylvania was charged today in a 12 count Indictment with distribution of heroin, two counts of possession with intent to distribute heroin, possession with intent to distribute cocaine, possession with intent to distribute cocaine base, possession with intent to distribute oxycodone, selling counterfeit federal reserve notes, possession of counterfeit federal reserve notes, manufacturing counterfeit federal reserve notes, assaulting a federal officer, possession of a firearm possession by a convicted felon, and possession of a firearm in in furtherance of a drug trafficking crime, announced Acting United States Attorney Louis D. Lappen.
If convicted of all of the charges against him the defendant faces a maximum possible sentence of life imprisonment, at least three years of supervised release up to lifetime supervised release, and a $7,500,000 fine.
The case was investigated by the United States Drug Enforcement Administration, the United States Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorneys Linwood C. Wright, Jr. and Sarah Damiani.
Former Reading, PA Mayor Charged with Violations of Federal Public Corruption LawsRead the Press Release
PHILADELPHIA – A federal indictment1 was unsealed today charging former Mayor Vaughn Spencer, 70, of Reading, for alleged violations of federal public corruption laws, announced Acting United States Attorney Louis D. Lappen. The indictment charges Spencer with 9 counts of bribery, 1 count of honest services wire fraud and conspiracy. Rebecca Acosta, 40, of Reading, and James Hickey, 54, of Allentown, were also included on the indictment. Acosta was charged with 2 counts of bribery, 1 count of mail fraud, 1 count of wire fraud, and conspiracy. Hickey was charged with 1 count of bribery, 1 count of mail fraud, 1 count of wire fraud and conspiracy.
According to allegations contained in the indictment, Spencer was involved in illegal activities associated with his position as an elected official: today’s announcement is the culmination of a several year investigation involving the pleas of 5 other individuals. Former Reading City officials and businesspersons pursuing contracts with the city of Reading are among those who have already plead guilty. The indictment sets forth numerous overt acts committed by Vaughn Spencer in the course of the conspiracy in which his objective was to maximize his campaign contributions through unlawful means.
In one egregious example, Mayor Spencer offered a bribe through City Council President Francisco Acosta to Francisco Acosta’s wife, School Board President Rebecca Acosta, who was running for district justice. Mayor Spencer gave the bribe in order to persuade Francisco Acosta to seek repeal of a city Code of Ethics ordinance that capped at $2,600 individual campaign contributions to persons running for city office, like Spencer, who was running as an incumbent in the democratic primary.
“The mayor of Allentown and the former mayor of Reading charged in the two indictments unsealed today sold their offices to the highest bidder -- violating the trust and confidence of the citizens of their cities,” said Acting United States Attorney Louis Lappen. “Both mayors, working with other corrupt officials and businesspeople, directed lucrative contracts to companies who agreed to provide campaign contributions in exchange for work. In an astounding act of irony, former Mayor Spencer bribed the President of City Council to introduce legislation repealing a Reading anti-corruption statute. The United States Attorney’s Office will continue to aggressively investigate and prosecute public officials who operate these “pay to play” schemes.
"As alleged in these indictments, 'pay to play' was the order of the day in Allentown, and in Reading," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division, "with those cities' mayors manipulating the levers of power for their own ways and means. As charged, Edwin Pawlowski and Vaughn Spencer brazenly and repeatedly sold off city contracts to bankroll their political futures. This years-long investigation illuminated troubling conduct for which all of those indicted must now answer. The FBI is committed to fighting public corruption, which erodes the trust of 'we the people' and cheapens our cherished democracy."
“Internal Revenue Service Criminal Investigation (IRS-CI) is diligent in unraveling the fraudulent actions of those, such as Edwin Pawlowski and Vaughn Spencer, who scheme to defraud citizens of Allentown and Reading who placed their trust in him,” said Acting Special Agent in Charge Gregory Floyd of IRS-CI’s Philadelphia Field Office. IRS-Criminal Investigation is proud to be a member of the formidable team that is rooting out public corruption. “Today’s indictment is a reminder that there are detrimental consequences for this type of criminal behavior.”
The charge of bribery concerning programs receiving federal funds carries a maximum sentence of 10 years in prison and a $250,000 fine; the charge of honest services wire fraud carries a maximum sentence of 20 years in prison and a $250,000 fine; and the charge of conspiracy carries a maximum sentence of 5 years in prison and a $250,000 fine.
The case is being prosecuted by Assistant United States Attorneys Michelle Morgan and Anthony Wzorek of the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The case is being investigated by the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation and Pennsylvania State Police.
1An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Allentown Mayor Charged in Pay to Play SchemeRead the Press Release
PHILADELPHIA – A federal indictment1 was unsealed today charging Mayor Edwin Pawlowski, 52, of Allentown, for alleged violations of federal public corruption laws, announced Acting United States Attorney Louis D. Lappen. The indictment charges Pawlowski with 14 counts of bribery, 9 counts of mail fraud, 9 counts of wire fraud, 6 counts of honest services wire fraud, 2 counts of honest services mail fraud, 3 counts of attempted Hobbs Act extortion under color of official right, 3 counts of travel act bribery, 7 counts of making material false statements, and conspiracy. Scott Allinson, 55, of Allentown, and James Hickey, 54, of Allentown, were also included on the indictment. Allinson was charged with 1 count of bribery and conspiracy. Hickey was charged with 4 counts of wire fraud, 2 counts of mail fraud, 4 counts of honest services wire fraud, 2 counts of honest services mail fraud, and conspiracy.
According to allegations contained in the indictment, Pawlowski was potentially involved in illegal activities associated with his position as a Mayor of Allentown. Today’s announcement is the culmination of a several year investigation involving the pleas of 10 others. Among those who have plead are former Allentown City Officials and businesspersons seeking contracts with the city of Allentown.
The indictment alleges that Pawlowski accepted the bribes on numerous separate occasions. According to the indictment, Pawlowski allegedly accepted over $150,000 in campaign contributions in exchange for the use of his official position. Among the most notable of the explicit quid pro quo examples is a three million dollar contract awarded to an engineering firm.
“The mayor of Allentown and the former mayor of Reading charged in the two indictments unsealed today sold their offices to the highest bidder -- violating the trust and confidence of the citizens of their cities,” said Acting United States Attorney Louis Lappen. “Both mayors, working with other corrupt officials and businesspeople, directed lucrative contracts to companies who agreed to provide campaign contributions in exchange for work. In an astounding act of irony, former Mayor Spencer bribed the President of City Council to introduce legislation repealing a Reading anti-corruption statute. The United States Attorney’s Office will continue to aggressively investigate and prosecute public officials who operate these “pay to play” schemes.
"As alleged in these indictments, 'pay to play' was the order of the day in Allentown, and in Reading," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division, "with those cities' mayors manipulating the levers of power for their own ways and means. As charged, Edwin Pawlowski and Vaughn Spencer brazenly and repeatedly sold off city contracts to bankroll their political futures. This years-long investigation illuminated troubling conduct for which all of those indicted must now answer. The FBI is committed to fighting public corruption, which erodes the trust of 'we the people' and cheapens our cherished democracy."
“Internal Revenue Service Criminal Investigation (IRS-CI) is diligent in unraveling the fraudulent actions of those, such as Edwin Pawlowski and Vaughn Spencer, who scheme to defraud citizens of Allentown and Reading who placed their trust in him,” said Acting Special Agent in Charge Gregory Floyd of IRS-CI’s Philadelphia Field Office. IRS-Criminal Investigation is proud to be a member of the formidable team that is rooting out public corruption. “Today’s indictment is a reminder that there are detrimental consequences for this type of criminal behavior.”
The charge of bribery concerning programs receiving federal funds carries a maximum sentence of 10 years in prison and a $250,000 fine; the charges of mail fraud, wire fraud, honest services mail fraud, honest services wire fraud, and attempted Hobbs Act all carry an individual maximum sentence of 20 years in prison and a $250,000 fine; and the charges of conspiracy, travel act bribery and making material false statements all carry an individual maximum sentence of 5 years in prison and a $250,000 fine.
The case is being prosecuted by Assistant United States Attorney Anthony J. Wzorek of the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The case is being investigated by the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation and Pennsylvania State Police.
1An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Woman Pleads Guilty to Charges of Causing False Statements to the Federal Election CommissionRead the Press Release
A Philadelphia woman pleaded guilty to a criminal information unsealed today charging her with causing false statements to the Federal Election Commission (FEC) in connection with a 2012 congressional primary election. Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania made the announcement.
According to the plea memorandum filed today, Carolyn Cavaness, 34, engaged in a falsification scheme involving payments to a candidate for the Democratic Party’s nomination for Member of the U.S. House of Representatives. According to the plea memorandum, those payments came from the campaign committee of the candidate’s political opponent for the purpose of removing the candidate from the 2012 Democratic race for Pennsylvania’s First Congressional District. Cavaness was a member of the candidate’s campaign staff.
As set forth in the criminal information and the government’s plea memorandum, Cavaness admitted that in or about February 2012, her candidate withdrew from the primary election pursuant to an agreement with his opponent, who promised to pay the candidate $90,000 from his campaign funds to be used to repay the candidate’s campaign debts. Cavaness admitted that she was aware that under the applicable law, a contribution from one authorized campaign to another could not exceed $2,000 for the primary election, and that the FEC required campaigns to file periodic reports itemizing the campaign’s contributions and expenditures during the reporting period. However, in order to conceal the fact that his opponent’s campaign committee paid his campaign debts, according to the plea memorandum, the candidate instructed Cavaness to create a company whose sole purpose would be to receive the funds from his opponent’s political campaign and repay the candidate’s campaign debts. As described in the plea memorandum, Cavaness admitted that she did so, and that the payments were then routed through two political consultants, who created false invoices to generate a paper trail intended to justify the payments from the candidate’s opponent’s campaign committee.
According to the plea memorandum, Cavaness used the money from the opponent’s campaign committee to repay the candidate’s campaign debts and for personal expenses, but failed to disclose this information to the FEC. Instead, according to the plea memorandum, Cavaness knowingly and intentionally caused the candidate’s campaign committee to file false reports with the FEC which did not disclose or reference the funds received from his opponent’s campaign committee, did not mention the companies of the political consultants through which the payments were routed and falsely listed the same debts owed by the candidate’s campaign that had been disclosed on earlier reports, despite the fact that those debts had been repaid using funds paid to the candidate by his opponent’s campaign committee.
The case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Eric Gibson and Trial Attorney Jonathan Kravis of the Criminal Division’s Public Integrity Section.
Philadelphia Woman Pleads Guilty to Charges of Causing False Statements to the Federal Election CommissionRead the Press Release
Carolyn Cavaness, age 34, of Ardmore, Pennsylvania, pled guilty to a criminal information unsealed today charging her with causing false statements to the Federal Election Commission (FEC) in connection with a 2012 congressional primary election. Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania and Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division made the announcement.
According to the plea agreement, Cavaness engaged in a falsification scheme involving payments to a candidate for the Democratic Party’s nomination for Member of the U.S. House of Representatives, identified in the information as Candidate B. According to the plea agreement, those payments came from Candidate B’s political opponent, identified in the information as Candidate A, for the purpose of removing Candidate B from the 2012 Democratic race for Pennsylvania’s First Congressional District. Cavaness was a member of Candidate B’s campaign staff.
Pursuant to the plea agreement, the defendant admitted that in or about February 2012, Candidate B withdrew from the primary election pursuant to an agreement with his opponent, Candidate A, who promised to pay Candidate B $90,000 from his campaign funds to be used to repay Candidate B’s campaign debts. Cavaness admitted that she was aware that under the applicable law, a contribution from one authorized campaign to another could not exceed $2,000 for the primary election, and that the FEC required campaigns to file periodic reports itemizing the campaign’s contributions and expenditures during the reporting period. However, in order to conceal the fact that Candidate A’s campaign committee paid Candidate B’s campaign debts, according to the plea agreement, Candidate B instructed Cavaness to create a company whose sole purpose would be to receive the funds from Candidate A’s political campaign and repay Candidate B’s campaign debts. Admissions in the plea agreements revealed that Cavaness did so, and that the payments were then routed through two political consultants, who created false invoices to generate a paper trail intended to justify the payments from Candidate A’s campaign committee.
According to the plea agreement, Cavaness used the money from Candidate A’s campaign committee to repay Candidate B’s campaign debts and for personal expenses, but failed to disclose this information to the FEC. Instead, according to the plea agreement, Cavaness knowingly and intentionally caused Candidate B’s campaign committee to file false reports with the FEC which did not disclose or reference the funds received from Candidate A’s campaign committee, did not mention the companies of the political consultants through whom the payments were routed, and falsely listed the same debts owed by Candidate B’s campaign that had been disclosed on earlier reports, despite the fact that those debts had been repaid using funds paid to Candidate B by Candidate A’s campaign committee.
The case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Eric Gibson and Trial Attorney Jonathan Kravis of the Criminal Division’s Public Integrity Section.
Undocumented Alien Charged with Identity TheftRead the Press Release
PHILADELPHIA - An indictment was filed charging Eulogio Bautista, an undocumented alien from Mexico, with producing a false identification document after he obtained a Pennsylvania driver’s license in the name of a person who is a citizen of Puerto Rico.
According to the indictment, Bautista obtained the false driver’s license using the other person’s name, date of birth, and social security number in 2009, and then renewed the false driver’s license in 2013 and 2017.
If convicted, Bautista faces a statutory maximum sentence of 15 years, a possible fine, a period of supervised release, and a $100 special assessment on each count.
The case was investigated by Department of Homeland Security and is being prosecuted by Assistant United States Attorney Laurie Magid
Lancaster Woman Sentenced to Prison for Theft of Social Security Benefit MoneyRead the Press Release
Carmen Perez, 40, of Lancaster, Pennsylvania, was sentenced today to 15 months in prison for theft of government funds, announced Acting United States Attorney Louis D. Lappen. The Honorable Edward G. Smith, United States District Judge, also ordered Perez to serve three years of supervised release after her prison term and pay full restitution of $78,768.06 to the Social Security Administration.
As the defendant admitted during her guilty plea hearing on February 28, 2017, during the commission of the charged offense, she was employed as a case manager for an organization that managed Social Security benefits for individuals who could not manage their own funds. a case manager for that organization, from March 2012 until July 2016, Perez stole Social Security benefits intended for the payment of financial obligations of 39 of her clients. Perez admitted further when she pleaded guilty, during the course of the scheme, she stole a total of approximately $78,768.06 in Social Security benefit money and used it for her own purposes.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Assistant United States Attorney Amanda R. Reinitz.
Mother-Daughter Duo Found Guilty of Scheme to Defraud IRSRead the Press Release
On June 19, 2017, a federal jury returned guilty verdicts against Maribel Nunez, 58, and Madeline Rosario, 25, both of Philadelphia, PA, on charges relating to a scheme to steal fraudulently issued tax refund checks for their own use. Nunez and her daughter, Rosario, were each found guilty of conspiracy to commit theft of government property and theft of government property. Both defendants face a statutory maximum sentence of 15 years. Both defendants also face a $200 special assessment fee, restitution, a fine, and a period of supervised release.
According to evidence presented at trial, between November of 2010 and June of 2014, the defendants opened, controlled, or conspired with others to access six business bank accounts for the purpose of depositing fraudulently obtained federal tax refund checks. Specifically, the defendants conspired together and with others, to commit theft of government funds by knowingly converting approximately 106 fraudulent tax refund checks totaling approximately $535,783.47 through the use of these bank accounts.
The defendants were immediately taken into federal custody.
The case was investigated by Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Priya DeSouza.
Algerian Man Extradited for Conspiring to Provide Material Support to Terrorists Makes Initial AppearanceRead the Press Release
Ali Charaf Damache, aka “Theblackflag,” 52, of Algeria, made his initial appearance today following extradition from Spain for his involvement in conspiring to provide material support and resources to terrorists.
Acting Assistant Attorney General for National Security Dana J. Boente and Acting U.S. Attorney Louis D. Lappen of the Eastern District of Pennsylvania made the announcement.
Damache was indicted in 2011 in the Eastern District of Pennsylvania on one count of conspiracy to provide material support to terrorists and one count of attempted identity theft to facilitate an act of international terrorism.
As part of the conspiracy, Damache, his co-defendants Mohammad Hassan Khalid, Colleen R. LaRose, Jamie Paulin Ramirez, and others conspired to provide material support and resources, including logistical support, recruitment services, financial support, identification documents and personnel, to a conspiracy to kill overseas. Damache, Khalid and others devised and coordinated a violent jihad organization consisting of men and women from Europe and the U.S. divided into a planning team, a research team, an action team, a recruitment team and a finance team; some of whom would travel to South Asia for explosives training and return to Europe to wage violent jihad.
Furthermore, Damache, Khalid, LaRose and others recruited men online to wage violent jihad in South Asia and Europe. In addition, Damache, Khalid, LaRose and others allegedly recruited women who had passports and the ability to travel to and around Europe in support of violent jihad.
This case was investigated by the Joint Terrorism Task Force in the FBI's New York Field Office, in conjunction with the FBI's Philadelphia, Baltimore and Washington DC Field Offices. Authorities in Ireland and Spain also provided assistance in this matter.
The case is being prosecuted by Assistant U.S. Attorney Jennifer Arbittier Williams of the Eastern District of Pennsylvania, and Trial Attorneys Matthew F. Blue and C. Alexandria Bogle of the National Security Division’s Counterterrorism Section. The Office of International Affairs in the Justice Department's Criminal Division also provided assistance.
Algerian Man Extradited for Conspiring to Provide Material Support to Terrorists Makes Initial AppearanceRead the Press Release
PHILADELPHIA – An Algerian man made his initial appearance today following extradition from Spain for his involvement in conspiring to provide material support and resources to terrorists, announced Acting U.S. Attorney Louis D. Lappen of the Eastern District of Pennsylvania and Acting Assistant Attorney General for National Security Dana J. Boente.
ALI CHARAF DAMACHE, 52, a/k/a “Theblackflag,” was indicted in 2011 in the Eastern District of Pennsylvania on one count of conspiracy to provide material support to terrorists and one count of attempted identity theft to facilitate an act of international terrorism. Damache was arrested on unrelated charges by authorities in Ireland in March 2010.
As part of the conspiracy, Damache, his co-defendant Mohammad Hassan Khalid, Colleen R. LaRose, Jamie Paulin Ramirez, and others conspired to provide material support and resources, including logistical support, recruitment services, financial support, identification documents and personnel, to a conspiracy to kill overseas. Damache, Khalid and others devised and coordinated a violent jihad organization consisting of men and women from Europe and the United States divided into a planning team, a research team, an action team, a recruitment team and a finance team; some of whom would travel to South Asia for explosives training and return to Europe to wage violent jihad.
Furthermore, Damache, Khalid, LaRose, and others recruited men online to wage violent jihad in South Asia and Europe. In addition, Damache, Khalid, LaRose, and others allegedly recruited women who had passports and the ability to travel to and around Europe in support of violent jihad.
This case was investigated by the FBI Field Division in New York, in conjunction with the FBI's Joint Terrorism Task Force in Philadelphia, and the FBI Field Divisions in Baltimore and Washington, D.C. Authorities in Ireland and Spain also provided assistance in this matter.
The case is being prosecuted by Assistant U.S. Attorney Jennifer Arbittier Williams, in the Eastern District of Pennsylvania, and Trial Attorneys Matthew F. Blue and C. Alexandria Bogle, from the Counterterrorism Section of the Justice Department's National Security Division. The Office of International Affairs in the Justice Department's Criminal Division also provided assistance.
Norristown, PA Man Charged with Illegal Reentry After DeportationRead the Press Release
Cruz Eduardo Tinoco-Salvador, of Norristown, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about June 20, 2017, Tinoco-Salvador, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about April 16, 2012, January 22, 2015, and February 26, 2015.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Homeland Security Investigations (“HSI”) and Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Laurie Magid.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Lancaster, PA Man Charged with Illegal Reentry After DeportationRead the Press Release
Ruben Alvarado-Diaz, of Lancaster, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about June 2, 2017, Alvarado-Diaz, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about June 27, 2014, June 11, 2015, and February 21, 2016.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Nancy Rue.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Brooklyn Man Engaging in Illicit Sexual Contact with A MinorRead the Press Release
Sandro G. Zhinin, 33, of Brooklyn, New York, was charged today by Indictment with crossing state lines to have sexual contact with a minor less than 12, travel to engage in illicit sexual conduct, and the production and possession of child pornography, announced Acting United States Attorney Louis D. Lappen.
If convicted the defendant faces a maximum possible sentence of lifetime incarceration, a mandatory minimum thirty years’ imprisonment, a mandatory minimum five years’ supervised release up to lifetime supervised release, a $2,000,000 fine, a $500 special assessment and an additional $25,000 Justice for Victims special assessment.
The case was investigated by Pennsylvania State Police and the Department of Homeland Security, and is being prosecuted by Assistant United States Attorney Sherri A. Stephan.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed
innocent unless and until proven guilty.
Avondale, PA Man Charged with Illegal Reentry After DeportationRead the Press Release
Pedro Mendez-Zavala, a/k/a “Pedro Zavala Mendez,” a/k/a “Luis Medina Bedolla,”of Avondale, Pennsylvania, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about February 22, 2017, Mendez-Zavala, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about April 18, 1998, April 10, 2013, and December 21, 2014.
If convicted the defendant faces a maximum possible sentence of ten years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Kevin Jayne.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Owner of Bucks County Financial Consulting Firm Sentenced to Five Years in Prison for Bribing Foreign OfficialRead the Press Release
The former owner and president of Chestnut Consulting Group Inc. and Chestnut Consulting Group Co. (the Chestnut Group) was sentenced to 60 months imprisonment today for bribing an official at the European Bank for Reconstruction and Development (EBRD) in violation of the Foreign Corrupt Practices Act (FCPA).
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Louis D. Lappen of the Eastern District of Pennsylvania and Special Agent in Charge Michael Harpster of the FBI’s Philadelphia Division made the announcement.
Dmitrij Harder, 45, of Huntingdon Valley, Pennsylvania, pleaded guilty on April 20, 2016, to two counts of violating the FCPA. In imposing sentence today, U.S. District Judge Paul S. Diamond also ordered Harder to forfeit $1.9 million.
Harder was the principal owner of Chestnut Consulting Group, based in Southampton, Pennsylvania. Between 2008 and 2009, the defendant paid approximately $3,500,000 in bribes to Andrej Ryjenko, an official and senior banker at the European Bank for Reconstruction and Development (EBRD), in exchange for Ryjenko referring EBRD clients to Chestnut, Harder admitted. Harder also admitted that he paid the bribes to Ryjenko through the Channel Island bank accounts of Ryjenko’s sister, Tatjana Sanderson. A British jury found both Ryjenko and Sanderson guilty of related corruption offenses in June 2017, and Ryjenko was sentenced to six years in prison.
The case was investigated by the FBI with significant assistance from U.K. law enforcement. Assistance was also provided by the Criminal Division’s Office of International Affairs. The case is being prosecuted by Assistant Chief Leo Tsao of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michelle L. Morgan of the Eastern District of Pennsylvania.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.
Newtown Man Charged with Receipt and Posession of Child PornographyRead the Press Release
John Hammond, of Norristown, PA, was charged today by Indictment with receipt and possession of child pornography, announced Acting United States Attorney Louis D. Lappen.
The Indictment alleges that from on or about April 11, 2016 through on or about April 18, 2016, Hammond received child pornography over the Internet. The Indictment further alleges that on April 19, 2016, Hammond possessed a computer, disc, and external drives that contained child pornography.
If convicted. Hammond faces a possible sentence of 40 years’ incarceration with a mandatory 5-year term of imprisonment, up to a lifetime of supervised release, a $500,000 dollar fine, restitution, forfeiture, and a $10,000 special assessment.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by 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 better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Department of Homeland Security and Montgomery County Detectives. It is being prosecuted by Assistant United States Attorney Sean P. McDonnell.
Defunct Philly Hospice’s Owners/Operators to Pay Millions to Settle Civil False Claims SuitRead the Press Release
PHILADELPHIA – Acting United States Attorney Louis D. Lappen announced today that Matthew Kolodesh, Alex Pugman, Svetlana Ganetsky, and Malvina Yakobashvili have agreed to pay millions of dollars to settle False Claims Act allegations that they and their now-defunct company, Home Care Hospice, Inc. (HCH), falsely claimed and received taxpayer dollars for hospice services that were either unnecessary or never provided. Previously, a federal jury found Kolodesh guilty on, and Pugman and Ganetsky pleaded guilty to, related criminal charges.
Kolodesh was HCH’s de facto co-owner; Pugman was HCH’s Executive Director and co-owner; Ganetsky was HCH’s Development Executive; and Yakobashvili was HCH’s CEO and President. Kolodesh and Yakobashvili are husband and wife, as are Pugman and Ganetsky.
The civil settlements with Kolodesh, Pugman, and Ganetsky specifically resolve False Claims Act allegations that HCH and they, between January 2003 and September 2008: knowingly submitted false claims and records (including fabricated records) to Medicare for purported hospice care for patients who were not terminally ill and thus not eligible for the Medicare hospice benefit; and/or knowingly submitted or caused the submission of false claims and records (including fabricated records) to Medicare for crisis care services that were not necessary or not actually provided; and, as a result of this conduct, violated the False Claims Act and cost the Medicare Program millions of dollars. The settlements with these defendants, as well as Yakobashvili, also resolve federal common law allegations that all five defendants were unjustly enriched as a result of such conduct.
As part of the settlements, the United States will retain the full value of multiple financial accounts that were restrained in a related civil injunction action filed by the United States in the Eastern District of Pennsylvania. The estimated current value of those interests is approximately $8.8 million. The defendants have further agreed: (1) to make cash payments to the government ($400,000 from Pugman and Ganetsky, and $425,000 from Kolodesh and Yakobashvili); and (2) to transfer to the United States various assets, including Pugman’s and Kolodesh’s interests in condominium properties that they co-own.
Under qui tam (whistleblower) provisions of the federal False Claims Act, certain private citizens may bring civil actions on behalf of the United States and may share in any recovery. This suit was originally filed on behalf of the United States by Maureen Fox and Cathy Gonzales, former HCH employees who discovered the alleged fraud. The settlements announced today include False Claims Act whistleblower awards for Ms. Gonzales and for the Estate of Ms. Fox, who passed away after filing suit.
As the result of the United States’ related criminal investigation, 22 persons employed by or associated with HCH were criminally convicted in the Eastern District of Pennsylvania.
“The Medicare hospice benefit is intended to provide patients nearing the end of life with pain management and other palliative care to make them as comfortable as possible,” Lappen said. “Too often, however, we hear reports of companies that abuse this critical service by enrolling patients who do not qualify for the hospice benefit, do not provide claimed services, or who push patients into services they don’t need in order to get higher government reimbursements. The Department of Justice, including this office, will take swift action to protect the public welfare and taxpayer dollars and to make sure that Medicare benefits are available to those truly in need.”
"Medicare, a crucial component of our nation's health care system, draws from a finite pool of funds," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "The defendants siphoned money earmarked for dying patients' hospice care, and built their bank accounts on taxpayers' backs. The FBI will continue to investigate and hold accountable those defrauding the U.S. government."
"Today's settlement returns over $8 million to our nation's Medicare program. This money was wrongfully paid as a result of fraudulent billings and part of a massive criminal conspiracy that preyed on a program that comforts beneficiaries at the end of their lives," said Nick DiGiulio, Special Agent in Charge of the Inspector General's Office of the United Stated Department of Health and Human Services in Philadelphia. "In addition to this civil settlement, this investigation resulted in the criminal prosecution of 22 individuals for health care fraud or other charges. We will continue to work with our law enforcement partners and the dedicated federal prosecutors in the Eastern District of Pennsylvania to use every available tool to jail those who steal from federal health care programs and recoup cash and assets illegally acquired."
The case was investigated by the Office of Inspector General of the U.S. Department of Health and Human Services (HHS), and the Organized Crime Section of the Federal Bureau of Investigation. The civil case was handled at the U.S. Attorney’s Office by Assistant United States Attorneys Eric D. Gill, Gerald B. Sullivan, and Colin C. Cherico. Assistance was provided by the HHS Office of Counsel to the Inspector General and the Commercial Litigation Branch of the U.S. Department of Justice’s Civil Division.
The civil claims asserted against HCH, Kolodesh, Pugman, Ganetsky, and Yakobashvili are allegations only, and there has been no determination of civil liability. The civil qui tam suit is docketed in the Eastern District of Pennsylvania as U.S.A. et al. ex rel. Fox and Gonzales v. Home Care Hospice, Inc, et al., No. 06-cv-4679.
The Eastern District of Pennsylvania is one of 10 federal districts that formed an Elder Justice Task Force as a part of the U.S. Department of Justice’s Elder Justice Initiative. (The office announced its task force here in March 2016, and maintains a publicly accessible website here.) The task force seeks to enhance government protection of vulnerable, elderly Pennsylvanians from harm and to ensure the integrity of government health care spending.
California Payment Processing Company President and Part-Owner Sentenced to Prison for Fraud SchemeRead the Press Release
A Santa Ana, California man was sentenced today in Philadelphia, Pennsylvania for his role in processing unauthorized withdrawals of millions of dollars from consumer bank accounts, the Justice Department announced.
Neil Godfrey, 79, was sentenced to serve 15 months in prison, followed by one year of supervised release by Judge Eduardo Robreno in the Eastern District of Pennsylvania. Judge Robreno also ordered Godfrey to pay a $50,000 fine and entered a $100,000 forfeiture money judgment against the defendant. Godfrey pleaded guilty in July 2015 to a one-count Information charging him with wire fraud. The Information described how Godfrey, working as a payment processor, knowingly enabled fraudulent merchants to withdraw money from consumers’ bank accounts without the consumers’ knowledge or consent.
“Payment processors who knowingly facilitate consumer fraud commit a federal offense,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “We are committed to protecting consumers from unknown withdrawals from their bank accounts, and we will prosecute any individual who knowingly assist these fraud schemes.”
Godfrey used a Santa Ana processing company named Check Site Inc. to assist at least two fraudulent merchants. The merchants operated or worked with websites that purportedly offered subscriptions, clubs, sweepstakes or payday loans. But in many cases, the websites were a ruse to harvest consumers’ bank account information. Instead of providing consumers with payday loans or other services advertised, the merchants operating the websites used the bank information provided by the consumers to withdraw money from the consumers’ bank accounts. Using Check Site, Godfrey knowingly processed the merchants’ fraudulent withdrawals and provided the merchants with access to the banking system.
As part of the criminal case, Godfrey admitted to using payment devices called remotely created checks (RCCs) to facilitate fraud schemes. Once the fraudulent merchants had obtained consumer names and bank account information, the merchants created RCCs, which Check Site submitted through the banking system to the consumers’ banks. Unlike an ordinary check, an RCC is generally honored without the signature of the account holder. When the RCCs were processed, Check Site kept a fee and transferred the remainder of the withdrawals to the merchants.
According to charging documents, Godfrey used banks that were willing to facilitate these transactions and ignore the red flags raised by these transactions. The charges also alleged that Godfrey helped the fraudulent merchants stay off the radar of bank employees and regulators so that the fraud could continue. For example, Godfrey advised merchants how to change the names of their companies and set up the facade of a legitimate company to defeat banks’ attempts at due diligence.
In an email message quoted in the charging documents, Godfrey advised a fraudulent merchant that “the lesson we have learned is that we must trick the [bank] folk. It means you need to set up some type of website front. What we need to do is set up a legitimate website selling anything you can think of – that is what you get approved on. It is irrelevant if anything is ever sold there – just so it exists. . . . In the mean time we set up false credit card approval etcetera. It is this we use to run the transactions. Yes, there will be a lot of returns, but what we do is send through transactions over the next few weeks that don’t have high returns. They stop looking and then we can run the regular stuff. . . . [A]fter several months we junk that company and go to another company.”
Acting Assistant Attorney General Chad A. Readler thanked the Federal Trade Commission for providing Attorney Michelle Chua to serve as a Special Assistant U.S. Attorney on the case, and commended the FBI and the Federal Deposit Insurance Corporation Office of Inspector General for their thorough investigation. The case is being prosecuted by Assistant U.S. Attorney Patrick J. Murray of the Eastern District of Pennsylvania and Trial Attorney Kathleen Konopka of the Civil Division’s Consumer Protection Branch.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of Eastern District of Pennsylvania, visit its website at https://www.justice.gov/usao-edpa.
Prison Escapee Charged with Collecting Social Security Under Assumed NameRead the Press Release
William Lewis, 90, of Philadelphia, Pennsylvania, was charged by Indictment, unsealed today, with two counts of mail fraud, two counts of wire fraud, one count of theft of government funds, and one count of social security fraud, announced Acting United States Attorney Louis D. Lappen. According to the Indictment1, the defendant escaped from prison in Maryland in 1970 and has lived under an assumed name ever since. During the defendant’s time as an escapee, he collected Social Security benefits in violation of Social Security regulations. The defendant’s alleged actions resulted in a loss to the government of approximately $457,771.20.
If convicted, defendant William Lewis faces a sentence of incarceration, a period of supervised release, full restitution to the government of $457,771.20, a fine, and a special assessment.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Christopher E. Parisi.1 An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged with Theft of Government FundsRead the Press Release
Oliver Burke, 56, of Philadelphia, Pennsylvania, was charged by Information with one count of theft of government funds and one count of theft from an employee pension plan, announced Acting United States Attorney Louis D. Lappen. According to the Information[1], the defendant received Social Security and pension benefits intended for his mother-in-law, after his mother-in-law’s death in April 2013, until the fraud was discovered in March 2016. The defendant’s alleged actions resulted in a loss to the government of approximately $69,026.25.
If convicted, the defendant faces a maximum sentence of 15 years’ imprisonment, a 3‑year period of supervised release, restitution to the government of $69,026.25, a fine of up to $500,000, and a $200 special assessment.
The case was investigated by the Social Security Administration, Office of Inspector General, and the Department of Labor, Office of Inspector General; and is being prosecuted by Assistant United States Attorney Amanda R. Reinitz.
[1] An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Head of Nonprofit Mental Health Clinic Found Guilty of Fraud Against ClinicRead the Press Release
Philadelphia – Today, a federal jury found Renee Tartaglione, 61, of Philadelphia, PA, guilty on all counts of conspiracy, fraud, and theft from a nonprofit clinic that provided mental health services to persons eligible under Medicaid. Tartaglione defrauded the Juniata Community Mental Health Clinic (JCMHC) by misappropriating funds of the clinic. Tartaglione was also convicted of falsifying her federal income tax returns by underreporting her income for tax years 2008, 2009, 2010, and 2012.
According to the evidence presented at trial, between 2007 and 2015, Tartaglione, as President of JCMHC’s Board of Directors, defrauded and stole money from JCMHC through a series of actions designed to benefit her personally at the expense of the clinic. Tartaglione purchased the building on 3rd Street in Philadelphia that housed the clinic and then raised the rent repeatedly; causing the clinic’s rent for the 3rd Street building to increase from $4,500 per month to $25,000 per month.
Additionally, as of 2010, Tartaglione’s company, Norris Hancock LLC, acquired an interest in a building on 5th Street, and Tartaglione began to cause the clinic to spend money to fix up that building. Then, in December 2012, Tartaglione leased that building to JCMHC under a lease that called for rent of $35,000 per month for the first two years, and $75,000 per month for the next three years. The rent Tartaglione charged the nonprofit clinic at both buildings was substantially in excess of the market rent.
None of the JCMHC rent increases or the lease agreements were approved by JCMHC’s Board of Directors. Tartaglione and her co-conspirators created false and fictitious documents in an attempt to make the transactions appear legitimate.
Tartaglione’s crimes against the Juniata Mental Health Clinic are unfortunate examples of how those in control of non-profits can abuse them for their personal enrichment,” said Acting United States Attorney Louis D. Lappen. “Her fraudulent scheme did serious damage to the community she was supposed to serve -- denying mental health services to economically disadvantaged people.”
“Nonprofit work is generally understood to be personally fulfilling – not financially enriching,” said Harpster. “The defendant disagreed. She brazenly diverted, for her own use, money meant to improve mental health care for the underprivileged and underserved. While doing so, she shortchanged her community, and stole from U.S. taxpayers. The FBI will continue to investigate and hold accountable those misappropriating federal government funds.”
"IRS Criminal Investigation provides financial investigative expertise in our work with our law enforcement partners. Today's verdict demonstrates our collective efforts to enforce the law and ensure public trust," said IRS-CI Acting Special Agent In Charge Gregory Floyd. "Renee Tartaglione made a conscious decision to deceive and benefit personally at the expense of others, and she is now a convicted felon as a result. Today's guilty verdict should send a clear message to those contemplating a similar crime."
“Non-profit entities are supposed to protect our truly disadvantaged. When members of our City are in their most trying times, they turn to organizations like Juniata Community Mental Health, and other contractors of the City’s Community Behavioral Health, for honest and compassionate assistance,” said Amy Kurland, Philadelphia Inspector General. “Theft within our City’s non-profit sector is profoundly harmful because it victimizes those who have already been victimized. That is why my office will forever be committed to protecting the integrity of charitable services within Philadelphia – and we are very grateful to have partners like the USAO and FBI who are equally committed to that mission.”
This case was investigated by the FBI, IRS Criminal Investigation, and the Philadelphia Office of the Inspector General. Assistant United States Attorney Bea Witzleben and Trial Attorney Peter N. Halpern of the Criminal Division’s Public Integrity Section are prosecuting the case.
Philadelphia Man Charged with Illegal Reentry After DeportationRead the Press Release
Julio Vicente-Rios, a/k/a “Julio V. Rios,” a/k/a “Pablo Reyes-Ortiz,” of Philadelphia, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about December 2, 2016, Vicente-Rios, an alien, and native and citizen of Guatemala, was found in the United States after having been deported from the United States on or about February 15, 2008, and December 29, 2008.
If convicted the defendant faces a maximum possible sentence of ten years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Jason P. Bologna.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Lancaster Man Charged with Illegal Reentry After DeportationRead the Press Release
Gabriel Bazan-Hernandez, of Lancaster, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about May 21, 2017, Bazan-Hernandez, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about October 23, 2007 and March 14, 2012.
If convicted the defendant faces a maximum possible sentence of ten years.
and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Albert S. Glenn.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Downingtown Man Charged with Illegal Reentry After DeportationRead the Press Release
Armando Martinez Nunez, of Downingtown, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about May 5, 2017, Martinez-Nunez, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about June 9, 2016.
If convicted the defendant faces a maximum possible sentence of twenty years.
The case was investigated by Homeland Security Investigations (“HSI”) and Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Katayoun M. Copeland.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pennsylvania Woman Sentenced to Prison for Conspiring to File Tax Returns Using Stolen IDsRead the Press Release
An Allentown, Pennsylvania resident was sentenced to serve 42 months in prison for conspiring to file tax returns using stolen IDs, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania.
According to the indictment and information presented to the court, Jessenia E. Cordero, 37, operated MJ & Associates and Express Tax Services, both located in Allentown. These businesses provided tax preparation, check cashing, and other services to customers. Cordero and her co-conspirators obtained lists of Puerto Rico residents’ names and social security numbers and used these IDs to file fraudulent tax returns seeking refunds with the Internal Revenue Service (IRS). The conspirators directed the IRS to mail the refund checks to addresses they controlled or to deposit the refunds onto pre-paid debit cards. Cordero used her businesses to cash fraudulently obtained refund checks totaling approximately $4,316,103.
In addition to the term of prison imposed, Cordero was also ordered to serve three years of supervised release and to pay $3,960,070.50 in restitution to the IRS.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Lappen commended special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney David Ignall and Trial Attorney Matthew J. Kluge of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Downingtown Woman Charged with Embezzling $194K from Employer, and Obtaining $100K in College Loans for her Children Using Co-workers’ Stolen IdentityRead the Press Release
PHILADELPHIA – Kimberly O’Toole, 49, of Downingtown, Pennsylvania, was charged by Information today with four counts of wire fraud, announced Acting United States Attorney Louis D. Lappen.
According to the Information, defendant Kimberly O’Toole engaged in an embezzlement scheme in which, from 2012 to 2013, she stole approximately $194,193.39 from her employer, Miwon North America (“Miwon”). Defendant Kimberly O’Toole’s husband was the President and General Manager at Miwon; defendant Kimberly O’Toole had accounting and bookkeeping duties at the company. In that role, defendant Kimberly O’Toole opened a fraudulent bank account in the company’s name that only she knew about and controlled. O’Toole then intercepted checks paid to Miwon by its customers, and deposited those checks into the sham bank account that she controlled. Defendant Kimberly O’Toole later withdrew the funds she embezzled for her own personal use, including to make mortgage payments for her personal residence in Downingtown, Pennsylvania, and to pay her cable bill. When Miwon officials detected her fraud, defendant Kimberly O’Toole tried to cover-up the fraud by accessing the email account of a co-worker, without the co-worker’s knowledge or permission, in an effort to deceive company officials as to the truth about her embezzlement scheme.
Separately, during the same time period, defendant Kimberly O’Toole – who also had HR duties at Miwon, and thus had access to the company’s employees’ personnel files – stole the identity of a co-worker. Using that co-worker’s stolen identity, defendant Kimberly O’Toole took out three fraudulent Wells Fargo college loans on behalf of two of her children, who attended The Pennsylvania State University and North Carolina State University-Raleigh, respectively. This was done without the knowledge or consent of the victim. The total amount of the fraudulent loans obtained by defendant Kimberly O’Toole for the loans obtained using the victim’s stolen identity totaled approximately $104,500.
If convicted, the defendant faces a maximum statutory sentence of 80 years’ incarceration, a fine of up to $1,000,000, three years of supervised release, and a $400 special assessment.
The case was investigated by the FBI and the U.S. Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney James Petkun.
An information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged with Illegal Reentry After DeportationRead the Press Release
Procoro Abel Alcaide-Bringas, a/k/a “Abel Alcaide-Bringas,” of Philadelphia, PA was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about May 17, 2017, Alcaide-Bringas, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about March 31, 1998, December 21, 2005, and February 26, 2006.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Randall P. Hsia.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Norristown Man Charged with Illegal Reentry After DeportationRead the Press Release
Luis Tellez, a/k/a “Jorge Luiz Hernandez-Tellez,” a/k/a “Efren Serrano,” of Norristown, PA was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about May 17, 2017, Tellez, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about February 18, 2013, September 9, 2013, April 9, 2015.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Kelly A.L. Fallenstein.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Magdiel Garcia and MAK Healthcare PC, d/b/a Multicare Plus Agree to Settlement for Stark Law ViolationsRead the Press Release
The United States announces that it has settled claims under the False Claims Act with Magdiel Garcia and MAK Healthcare PC d/b/a Multicare Plus for improperly billing Medicare in violation of the Stark Law prohibition against self-referrals.
The Stark Law, 42 U.S.C. § 1395nn, prevents a medical provider from referring patients to a medical facility in which the provider has a financial interest. Such referrals encourage over-utilization of medical services and drive up health care costs, and are prohibited.
The United States alleges that Magdiel Garcia and the medical providers who were employed by him improperly referred Medicare beneficiaries for services and equipment to MAK Healthcare PC, the Durable Medical Equipment (DME) company owned by Magdiel Garcia. The United States alleges that these improper self-referrals violated the Stark Law and resulted in false claims being submitted to the United States for payment.
The settlement covers claims submitted between January 2010 and December 23, 2013. Magdiel Garcia and MAK Healthcare PC have agreed to pay to the United States $225,000.00 to settle this matter.
This matter was handled by Department Health and Human Services Office of the Inspector General, including Attorney Katherine Matos and Investigator Mark Pascua and Assistant United States Attorney Susan Dein Bricklin.
Eastern District of Pennsylvania Observes World Elder Abuse Awareness DayRead the Press Release
As part of the U.S. Department of Justice’s Elder Justice Initiative, the Eastern District of Pennsylvania is one of 10 federal districts in the United States that formed an Elder Justice Task Force. The Eastern District of Pennsylvania announced its task force here in March 2016, and maintains a website for the public to access here.
The Eastern District of Pennsylvania’s task force met in Harrisburg, Pennsylvania, in Fall 2016 and Spring 2017, and will meet again in Fall 2017. Task force members include federal, regional, state, and local government officials within the Eastern District of Pennsylvania, as well as advocacy groups that focus on elder justice. Through collaboration, the Eastern District of Pennsylvania’s task force seeks to enhance government protection of vulnerable, elderly Pennsylvanians from harm, including from: (1) abuse, neglect, and failures of necessary care in nursing homes, hospices, hospitals, personal care homes, and other settings; and (2) financial fraud schemes. The task force also works to ensure the integrity of government spending by eliminating fraud, waste, and abuse in health care programs.
Our office welcomes an opportunity to speak to your group about the Elder Justice Initiative and the publicly available resources that can help us all to advance elder justice in Pennsylvania. If you are interested in a meeting, please send an email message to ElderJusticeEDPA@usdoj.gov.
Bala Cynwyd Man Sentenced to Prison for Hacking Computers of Public UtilitiesRead the Press Release
Adam Flanagan, 42, of Bala Cynwyd, PA was sentenced yesterday by the Hon. Paul Diamond to 12 months, 1 day in prison, based upon his plea of guilty to two counts of unauthorized access to a protected computer and thereby recklessly causing damage, announced Acting United States Attorney Louis D. Lappen. Flanagan was indicted on November 22, 2016, arrested without incident on November 23, 2016, and plead guilty on March 7, 2017.
Flanagan had worked as a radio frequency engineer for a company that made remote meter readers for utility systems. These readers would receive radio signals from individual meters and then process the data for billing. In these instances, the remote readers were installed to read water meters in municipalities spread throughout the eastern United States. After the company terminated Flanagan, he used his knowledge of how these readers operate to gain access to them through the Internet and to disable them. The result was that the municipal water authorities had to send people out to read the individual meters because the billing data was inaccurate. In addition, Flanagan’s former employer had to expend a large amount of time to conduct forensic examinations of the readers to determine what had happened and how to fix the problems.
The advisory Sentencing Guidelines provide for enhanced sentences for attacks on computers involved with critical infrastructure, such as water systems. In this case, Judge Diamond applied the enhancement for interfering with computers used to maintain or operate a critical infrastructure. (The Guidelines also provide a more serious enhancement for computer attacks that cause a substantial disruption of a critical infrastructure.)
The case was investigated by the FBI offices in Raleigh, NC and Philadelphia PA. The investigation was initially handled by the U.S. Attorney’s Office for the Eastern District of North Carolina and then transferred to the U.S. Attorney’s Office for the Eastern District of Pennsylvania, when the defendant was identified as the intruder. Assistant U.S. Attorney Michael L. Levy handled the case.
Avondale Man Charged with Illegal Reentry After DeportationRead the Press Release
Alberto Cruz-Gonzalez, of Avondale, PA was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about May 11, 2017, Cruz-Gonzalez, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about November 17, 2015, November 22, 2015, March 6, 2016, April 4, 2016, and June 2, 2016.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Eric L. Gibson.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged with Illegal Reentry After DeportationRead the Press Release
Miguel Domingo Barbosa, of Philadelphia, PA was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about May 2, 2017, Barbosa, an alien, and native and citizen of Brazil, was found in the United States after having been deported from the United States on or about March 31, 2008, June 14, 2009, October 21, 2009, and April 7, 2011.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Anita Eve.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Charged with Defrauding Social SecurityRead the Press Release
William Robertson, 65, of Philadelphia, Pennsylvania, was charged by Indictment, unsealed today, with five counts of wire fraud, one count of theft of government funds, one count of social security fraud, and one count of making false statements announced Acting United States Attorney Louis D. Lappen. According to the Indictment[1], the defendant received retirement benefits intended for a deceased relative after his relative’s death in June 2005. The defendant’s alleged actions resulted in a loss to the government of approximately $148,938.
If convicted, defendant William Robertson faces a sentence of incarceration, a period of supervised release, full restitution to the government of $148,938, a fine, and a special assessment.
The case was investigated by the Social Security Administration, Office of Inspector General, and is being prosecuted by Special Assistant United States Attorney Christopher E. Parisi.
[1] An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Woman Sentenced to Two and Half Years Imprisonment for Theft and Embezzlement from Philadelphia Non-Profit Serving ChildrenRead the Press Release
Sonja McQuillar, 50 of New Castle, Delaware was sentenced yesterday to 30 months in prison for embezzling from Northern Children’s Services, where she was employed. In addition to the prison term, U.S. District Court ordered 3 years of supervised release, a$300 special assessment, and $607,067 restitution.
McQuillar was the Director of Health and Information at Northern Children’s Services (NCS) in Philadelphia, Pennsylvania. NCS is a nonprofit organization that provides mental and behavioral treatment services to children. As Director of Health and Information, one of McQuillar’s responsibilities was to verify the accuracy of consultants’ invoices and submit them for payment. From December 2002 and April 2014, McQuillar embezzled approximately $607,067 from NCS by creating consulting invoices for relatives and friends who were never consultants for NCS, and for individuals who were consultants for NCS, but for work they did not perform. After creating bogus invoices, McQuillar then forged the signatures of the alleged consultants in order to cash the checks.
McQuillar embezzled more than $600,000 from a non-profit organization that existed to benefit our most vulnerable youth,” said Acting U.S. Attorney Louis D. Lappen. “In doing so, the defendant deprived these children of much needed public funds that were designed to help them overcome trauma and behavioral disorders. We will continue to investigate and prosecute those who, for their own personal benefit, abuse the trust of public and private organizations
"This case is an example of the most damaging kind of theft. The defendant stole taxpayer dollars that were meant to support at-risk children. We will not tolerate this kind of self-serving act against vulnerable members of our population," said Inspector General Amy Kurland. "I thank our federal law enforcement partners for their close cooperation in this investigation and assure the public that we will continue working diligently to maintain integrity in our City."
The case was initiated by a tip to the Philadelphia Office of the Inspector General and was also investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Michelle Morgan.
Philadelphia Man Charged SNAP Benefit Fraud and Theft of Government FundRead the Press Release
Matthew Philip, 55, of Philadelphia, Pennsylvania, was charged by Information with one count of SNAP benefit fraud and one count of theft of government funds, announced Acting United States Attorney Louis D. Lappen. According to the Information, from January 2013 through December 2016, the defendant unlawfully exchanged cash for SNAP benefits. The defendant’s alleged actions resulted in a loss to the government of more than $3,500,000.
If convicted, the defendant faces a term of imprisonment, a period of supervised release, restitution to the government, a $260,000 fine, and a $200 special assessment.
The case was investigated by the United States Department of Agriculture, Office of Inspector General, and Homeland Security Investigations. The case is being prosecuted by Special Assistant United States Attorney Christopher E. Parisi.
An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Delaware County Trio Charged with Drug Conspiracy,and Murdered Drug RivalRead the Press Release
A six-count second superseding indictment was unsealed today, charging three people with conspiring to distribute oxycodone in the Philadelphia area, and charging two of those defendants with committing murder with firearms during the course of that drug conspiracy. Mitesh Patel 36, Anthony Vetri, 31, and Michael Vandergrift, 29, all of Delaware County, were charged in the second superseding indictment[1] with one count of conspiracy to distribute oxycodone from 2008 until June 4, 2013. The indictment alleges that defendant Patel, a pharmacist, diverted oxycodone from pharmacies he owned in Delaware County and Philadelphia, to co-defendants Vetri and Vandergrift and others, including the pharmacies’ co-owner, Gbolahan Olabode. Defendants Vetri and Vandergrift are charged with murdering Olabode on January 4, 2012, outside his Lansdowne home, in order to eliminate Olabode as a drug rival, and to increase their illegal supplies of oxycodone from Patel. They are charged with committing this murder with Michael Mangold, who was charged separately. Patel is also charged with one count of money laundering conspiracy, and three counts of tax evasion. The government is also seeking forfeiture of more than $2.7 million in drug proceeds, and more than $1 million in laundered drug money. The unsealing of the indictment was announced by cting United States Attorney Louis D. Lappen.
If convicted, the defendants face lengthy prison sentences.
The case was investigated by the Federal Bureau of Investigation, the U.S. Drug Enforcement Administration, the Internal Revenue Service’s Criminal Investigation Division, the Philadelphia Police Department, the Organized Crime Drug Enforcement Task Force, the Lansdowne Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and is being prosecuted by Assistant United States Attorneys Jonathan B. Ortiz and David. E. Troyer.
[1]An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Medical Office Manager Charged with Healthcare Fraud, and in Conspiracy with Thirteen Defendants to Distribute OxycodoneRead the Press Release
An indictment was unsealed today, charging defendant Michael Milchin, 37, of Philadelphia, PA, with one count of conspiracy to commit health care fraud and five counts of health care fraud, announced Acting United States Attorney Louis D. Lappen. In addition, the indictment charges Milchin and the 13 defendants listed below with one count of conspiracy to distribute oxycodone:
NAME
ADDRESS
YEAR OF BIRTH
Augustine Lee
Philadelphia PA
1975
Nikita Latychev
Feasterville-Trevose PA
1988
Yaroslav Stadniychuk
Philadelphia PA
1989
Bryant Bishop
Philadelphia PA
1969
Ning Jian Du
Philadelphia PA
1984
Taras Trushchenko
Jamison PA
1978
Armen Khimoian
Warwick PA
1978
Linda Flamer
Philadelphia PA
1955
Igor Khavulya
Philadelphia PA
1981
Nik Palatnik
Feasterville-Trevose PA
1994
Vannarat Xayavongsithideth
Philadelphia PA
1982
Thearack Tham Kith
Philadelphia PA
1985
Sebastian Moeung
Philadelphia PA
1980
Each of the 13 defendants listed above is also charged with one count of distribution of oxycodone. In addition, Milchin is charged with fifteen counts of possession of oxycodone with the intent to distribute.
According to the indictment, Milchin became involved in two criminal agreements: first, from approximately June 2010 until approximately July 2012, a conspiracy to commit health care fraud with a chiropractor, John Vira, who is charged elsewhere; and second, from approximately May 2012 until approximately March 2015, a separate conspiracy with the other 13 charged defendants listed above, to distribute oxycodone.
Concerning the health care fraud conspiracy and substantive health care fraud charges, the indictment alleges that Milchin, who is not a medical professional, was the business manager at Vira’s office, Central Bucks Health Associates, located in Southampton PA. The indictment charges that Milchin and Vira worked together to defraud private insurance companies, Independence Blue Cross and Aetna, Inc., by billing those insurers more than $700,000 for chiropractic services that were never provided.
Concerning the drug distribution charges, the indictment alleges that Milchin conspired with the 13 defendants listed above to fill hundreds of fraudulent prescriptions for oxycodone at various pharmacies in and around Philadelphia. Milchin then sold the fraudulently obtained pills to others. The indictment charges that while the fraudulent prescriptions purported to be written by a physician with Central Bucks Health Associates, the physician in question had no affiliation with Central Bucks Health Associates and never authorized any of the prescriptions.
"The exploitation of the healthcare system through fraudulent claims for personal gain affects all of us who rely on that system,” said Acting United States Attorney Louis D. Lappen. “The trafficking of oxycodone completely devastates individuals, their families and all of our communities. We remain dedicated to prosecuting those who illegally exploit the healthcare system and fuel the opioid epidemic.”
If convicted, defendant Michael Milchin faces a maximum possible sentence of 5 years’ imprisonment for conspiracy to commit health care fraud and 10 years’ imprisonment for each count of health care fraud. In addition, each defendant faces a maximum possible sentence of 20 years’ imprisonment for conspiracy to distribute oxycodone and 20 years’ imprisonment for each count of distributing oxycodone or possessing oxycodone with the intent to distribute. Milchin also faces full restitution on the health care fraud charges.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Mary Kay Costello.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Reading Man Charged with Illegal Reentry after DeportationRead the Press Release
Luis Villa De Leon, of Reading, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about December 14, 2016, Villa-De Leon, an alien, and native and citizen of the Dominican Republic, was found in the United States after having been deported from the United States on or about October 10, 1999, July 26, 2000, and September 27, 2006.
If convicted the defendant faces a maximum possible sentence of twenty years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Nancy Rue.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Pair Charged with Hobbs Act RobberiesRead the Press Release
A superseding indictment[1] was filed today charging Montanez Adams, 22, and Robert Holmes, 19, both of Philadelphia, Pennsylvania with two counts each of Hobbs Act robbery, and two counts each of using, carrying, and brandishing a firearm during a crime of violence, and aiding and abetting, and Adams was also charged with one count of possession of a firearm by a convicted felon, announced Acting United States Attorney Louis D. Lappen. The superseding indictment alleges that the defendants committed two armed robberies of GameStop stores located at 6406 Sackett Street and 4600 Roosevelt Boulevard in Philadelphia, PA on or about January 2 and 7, 2017, respectively.
If convicted the defendants face maximum possible sentences of life imprisonment.
The case was investigated by the Philadelphia Police Department with the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant United States Attorney Katherine Driscoll.
[1] An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Bucks County Man Sentenced to 30 Years in Prison for Producing Child Pornography with 3-Year-Old ChildRead the Press Release
PHILADELPHIA – Norman Ridgeway, 27, of Croydon, Pennsylvania, was sentenced today to 30 years in prison as a result of his production of child pornography with a 3-year-old child, his distribution of that same child pornography over the internet, and his possession of a massive trove of videos and images containing child pornography.
Defendant Ridgeway pleaded guilty on February 9, 2017, to counts one through three of an indictment charging him with production of child pornography, transportation of child pornography, and possession of child pornography. Defendant Ridgeway’s crimes involved the production of child pornography with a 3-year-old child, and his subsequent distribution of that child pornography over the internet. Separately, defendant Ridgeway was caught possessing approximately 1,886 images containing child pornography, and 225 videos containing child pornography. When federal and local law enforcement attempted to arrest the defendant, he fled in a vehicle, during which time he destroyed additional evidence containing child pornography. Subsequently, while detained at the Federal Detention Center, Defendant Ridgeway attempted to obstruct justice by calling an associate and ordering that associate to locate and destroy additional evidence containing child pornography that the defendant had secretly stored in his wallet on a digital memory card.
Defendant Ridgeway was sentenced by U.S. District Judge Eduardo C. Robreno to a 30-year term of incarceration, 20 years of supervised release, a $2,000 fine, and a special assessment of $300. “The crimes that this defendant committed against the three-year old victim in this case, and numerous other children, are an abomination,” said Acting United States Attorney Louis D. Lappen. “We are pleased with today’s outcome, and we remain dedicated to working on behalf of the victims of child sexual abuse and exploitation to prosecute and incarcerate for lengthy periods of time those who exploit the most vulnerable members of our community.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by 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 better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the FBI and the Washington, D.C. Metropolitan Police Department, with assistance provided by the Bensalem Township Police Department, the Warminster Township Police Department, the Middletown Township Police Department, and the Bristol Township Police Department. It was prosecuted by Assistant United States Attorney James Petkun.
Abington Memorial Hospital to Pay $491,672 to Settle False Claims Act Liability for Improper Medicare Reimbursement SubmissionsRead the Press Release
Acting United States Attorney Louis D. Lappen announced that Abington Memorial Hospital, which does business as Abington Hospital – Jefferson Health (AMH), has agreed to pay the United States $491,672, to resolve allegations that an AMH employee forged physician signatures on forms submitted to the Medicare program for home care services. These forms required physicians’ genuine signatures for such claims to be reimbursed by Medicare.
In June 2016, AMH disclosed to the Government its discovery that during a period beginning in May 2014, AMH’s affiliated home care agency, Jefferson Abington Health Home Care and Hospice, had submitted claim forms on which an AMH employee had improperly cut-and-pasted the required physician signatures. Accordingly, there was no legitimate physician authorization on these forms.
In addition to reporting the conduct to the Government, AMH promptly reversed any claims to Medicare that were within one year of billing and repaid the money received in reimbursement for those claims. AMH has also taken corrective measures to prevent such conduct from recurring. These measures include terminating the employee responsible and installing a computer program that requires physicians’ electronic signatures, eliminating the need for AMH to obtain physical signatures.
“Medicare beneficiaries are entitled to receive care that is determined by their clinical needs, and if health providers wish to be reimbursed with taxpayer funds, they must follow the rules and ensure that the services they provided were properly authorized and documented,” said Acting U.S. Attorney Lappen. “We commend Abington Memorial Hospital for coming forward to disclose its problems and for working to improve its practices to ensure compliance by all personnel.”
The case was handled by Assistant United States Attorneys Paul W. Kaufman and Mark J. Sherer
Philadelphia Man Charged with Sextraffcking a Minor via Force, Fraud and CoercionRead the Press Release
Tyquil Clayron Norris III, 20, of Philadelphia, Pennsylvania, was charged today by Indictment with sex trafficking via force, fraud and coercion, and sex trafficking of a minor, announced Acting United States Attorney Louis D. Lappen.
The Indictment alleges that Norris engaged in sex trafficking via force, fraud and coercion, and in the sex trafficking of a minor, between April 2, 2017 and April 4, 2017.
If convicted as charged, the defendant faces a maximum possible sentence of life imprisonment, a mandatory minimum term of 15 years’ imprisonment, supervised release for a minimum term of five years and a lifetime maximum term, a $500,000 dollar fine, mandatory restitution, and a $200 special assessment.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by 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 better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department. The case is being prosecuted by Assistant United States Attorney Seth Schlessinger.
Nottingham, PA Man Charged with Illegal Reentry After DeportationRead the Press Release
Luis Enrique Rueda-Barcenas, a/k/a “Luis Rueda,” of Nottingham, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about April 3, 2017, Rueda-Barcenas, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about April 6, 2004 and March 24, 2005.
If convicted the defendant faces a maximum possible sentence of twenty years.
The case was jointly investigated by Homeland Security Investigations (“HSI”) and Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Special Assistant United States Attorney Josh A. Davison.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Bucks County Man Charged with Filing False Tax Returns and Structuring Cash Deposits of Marijuana Sales ProceedsRead the Press Release
An Information[1] was returned yesterday charging Bradley Mark Cohen, 60, of Ottsville, PA, with four counts of filing false tax returns and three counts of structuring cash deposits to avoid a reporting requirement, announced Acting United States Attorney Louis D. Lappen.
The Information alleges that Cohen was the owner/operator of two companies, Green Revolution, Inc. and Plug-In Manufacturing, which were involved in the business of selling “green” energy products, such as capacitors, to commercial and residential customers. As alleged in the Information, between January 1, 2010 and December 31, 2014, Cohen failed to report on his tax returns over $950,000 that he earned from these two companies, because instead he paid the majority of his personal living expenses, including his home mortgage, personal credit cards, golf club membership, and home improvements, through his business bank accounts and falsely treated these payments as business expenses.
In addition, the Information further alleges that between January 1, 2014, and September 18, 2015, Cohen received cash from his illegal sale of marijuana that he caused to be shipped from California to Pennsylvania New Jersey. The Information alleges that during this period, Cohen structured the deposits of over $143,000 in cash from his sale of marijuana into bank accounts that he controlled by making sure that the individual deposits were in amounts less than $10,000, in order to evade the banks’ currency transaction reporting requirements, of which Cohen was aware.
Cohen faces a maximum sentence of 27 years’ imprisonment, a three-year period of supervised release, a $1,150,000 fine, and a $700 special assessment. Cohen also will be required to provide payment for all unpaid taxes, interest and penalties finally determined to be due and owing.
The case was investigated by the Internal Revenue Service, Criminal Investigation Division, and the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
[1] An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty
Philadelphia Man Charged with Receipt, Distribution and Possession of Child PornographyRead the Press Release
Grant Shea, 30, of Philadelphia, Pennsylvania was charged today by Indictment with receipt, distribution, and possession of child pornography announced Acting United States Attorney Louis D. Lappen. Shea is currently pending trial for the same exact charges which were the result of an earlier Indictment filed on July 14, 2016.
The May 18, 2017 Indictment alleges that on certain dates in the month of January 2017, Shea received and distributed child pornography over the Internet. The Indictment further alleges that on January 30, 2017, Shea possessed child pornography. The alleged criminal activity took place while Shea was on pretrial release.
If convicted the defendant faces a maximum possible sentence 60 years imprisonment, a mandatory minimum term of 5 years, a minimum 5 year term up to lifetime of supervised release, a $750,000 dollar fine, mandatory restitution, and a $300 special assessment, and a Justice for Trafficking Victims additional assessment of $15,000.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by 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 better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigations. The case is being prosecuted by Assistant United States Attorney Priya T. De Souza.
Citizen of Honduras Charged with Illegal ReentryRead the Press Release
Franklin Renan Euceda, a/k/a “Nathaniel Fuentes,” “Nathanael Ortiz,” and “Nathanael Ortiz-Fuentes,” was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about May 10, 2016, Euceda, an alien, and native and citizen of Honduras, was found in the United States after having been deported from the United States on or about June 26, 2009.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Mark B. Dubnoff.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Trio Charged with Conspiracy to Distribute HeroinRead the Press Release
Cesar Jaime Ayala, 37, of Mission, Texas; Eugene Harwood, 57, of Greenbrier, Arkansas; Victor Gutierrez, 55, of Philadelphia, Pennsylvania; and Marcos Callejas-Nava, 35, of Marietta, South Carolina, were charged today by Indictment with one count each of conspiracy to distribute 1 kilogram or more of heroin, possession with intent to distribute 1 kilogram or more of heroin, possession with intent to distribute 1 kilogram or more of heroin within 1000 feet of a school, and aiding and abetting, announced Acting United States Attorney Louis D. Lappen. In addition, Victor Gutierrez was also charged with one count of maintaining a drug-involved premises.
If convicted the defendants face a maximum possible sentence of lifetime imprisonment, lifetime supervised release, $30,000,000 fine, and $300 special assessment. For count 4, Gutierrez faces an additional maximum sentence of 20 years’ imprisonment, $500,000 fine, and a $100 special assessment.
The case was investigated by the Drug Enforcement Administration, the Montgomery County Narcotics Enforcement Team, and the Montgomery County District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Jennifer B. Jordan.
Bethlehem Man Charged with Making False Statements in Connection with the Acquisition of FirearmsRead the Press Release
Jonathan William Vazquez, 37, of Bethlehem, PA, was charged today by indictment with fourteen counts of making false statements to federal firearms licensees announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about various dated between July 27, 2015 and March 22, 2016, Jonathan William Vazquez purchased sixteen firearms from three different federal firearms licensees, and in doing so, knowingly made false statements pertaining to information that the law requires the licensees keep.
If convicted of the charges, defendant faces a maximum sentence of 70 years’ imprisonment. He also faces a maximum period of supervised release of 3 years, a $3,500,000 fine, a $1,400 special assessment, restitution, and forfeiture of the firearms involved.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and is being prosecuted by Assistant United States Attorney Sarah T. Damiani.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Individuals Charged in Four Robberies of Pizza Delivery DriversRead the Press Release
David Torres-Medina (19) and Adiezel Perez-Rosario (19), both of Philadelphia, were charged today by Indictment[1] with four counts of robbery which interferes with interstate commerce; four counts of using and carrying a firearm during a crime of violence; carjacking; and, as against Torres-Medina only, possession of a firearm by a convicted felon, announced Acting United States Attorney Louis D. Lappen. The indictment charges that Torres-Medina committed a robbery of a Domino’s Pizza delivery person on September 20, 2016 in Philadelphia, Pennsylvania, and that Torres-Medina and Perez-Rosario committed gunpoint and knifepoint robberies of pizza delivery employees of Domino’s Pizza, Fishtown Pizza and Bravo Pizza, each located in Philadelphia, Pennsylvania, on February 13, 21 and 22, 2017, respectively. Torres-Medina and Perez-Rosario are also charged with a gunpoint robbery of a motor vehicle in connection with the February 22, 2017 Bravo Pizza delivery driver robbery.
If convicted of all counts, Torres-Medina faces a maximum sentence of life imprisonment, with a mandatory 82-year minimum sentence, a $2,500,000 fine, five years supervised release, and a $1,000 special assessment.
If convicted of all counts, Perez-Rosario faces a maximum sentence of life imprisonment, with a mandatory 82-year minimum sentence, a $2,000,000 fine, five years supervised release, and a $800 special assessment.
This case has been investigated by the Federal Bureau of Investigation, the Philadelphia Police Department and the Bensalem Police Department. The case has been assigned to Assistant United States Attorney Eric A. Boden.
[1] An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.