Middle District of Pennsylvania

SCRANTON —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Bogdon, age 28, formerly of Harvey’s Lake, Pennsylvania, was sentenced today by U.S. District Court Judge Robert D. Mariani to 14 years’ imprisonment for drug distribution resulting in death.  Bogdon was also ordered to serve 3 years of supervised release upon release from custody.

According to United States Attorney John C. Gurganus, Bogdon previously pleaded guilty to drug distribution resulting in death.  Bogdon admitted that on December 12, 2017, he provided fentanyl, a Schedule II controlled substance, to an 18-year old female in Kingston, Pennsylvania, causing her death. 

The case was investigated by the Federal Bureau of Investigation (FBI) in Scranton, and the Kingston Police Department.  Assistant United States Attorney Michelle Olshefski prosecuted the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.”

This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 24, 2022, Fitzgerald C. Providence, age 49, of Bushkill, Pennsylvania, was indicted by a federal grand jury for aggravated assault by vehicle and other related motor vehicle offenses stemming from a serious motor vehicle collision that occurred on federal land.

According to United States Attorney John C. Gurganus, the indictment alleges that on September 24, 2021, on Bushkill Falls Road, within the Delaware Water Gap National Recreation Area, in Pike County, PA, Providence operated a motor vehicle in a reckless and grossly negligent manner and as a result caused a motor vehicle collision that resulted in serious bodily injury to another person.   

The matter was investigated by the National Park Service Park Police and by the Pennsylvania State Police.  Assistant United States Attorney Jeffery St John is prosecuting the case.

If convicted, the maximum penalty under federal law for these offenses is nine years imprisonment, a term of supervised release following imprisonment, and a fine.  A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 22, 2022, Andre Johnson, Jr., age 28, a resident of Wilkes-Barre, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearms offenses, including possessing firearms in furtherance of a drug trafficking crime, and as a previously convicted felon.

According to United States Attorney John C. Gurganus, the indictment charges that on or about February 24, 2022, Johnson possessed with intent to distribute 40 grams and more of fentanyl, 50 grams and more of methamphetamine, and 28 grams and more of cocaine base (crack), all Schedule II controlled substances, as well as an unspecified amount of marijuana, a Schedule I controlled substance.  It is further alleged that Johnson possessed multiple firearms in furtherance of a drug trafficking crime, as well as multiple firearms while knowing that he was a prohibited from possessing them due to prior felony convictions in Philadelphia County.  Johnson is also charged with possessing stolen firearms.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The charges stem from a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, the Wilkes-Barre City Police Department, and the Pennsylvania State Police.  Assistant United States Attorney Michelle Olshefski is prosecuting the case.

The maximum penalty under federal law for the crimes charged in the Indictment is life imprisonment, a term of supervised release following imprisonment, and a fine.  A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 22, 2022, Rodney L. Yentzer, age 52, of Cumberland County, Pennsylvania, pleaded guilty to conspiracy to commit health care fraud, conspiracy to commit money laundering, and theft of public money for defrauding Medicare, Medicaid, and the U.S. Department of Health and Human Services between 2016 and 2020. Yentzer also agreed to pay $3,869,571.55 in restitution for these offenses.

According to United States Attorney John C. Gurganus, Yentzer agreed with others to defraud Medicare and Medicaid by submitting medically unnecessary urine drug tests for patients at clinics he controlled, including a group of pain clinics known as Pain Medicine of York or “PMY” (also known as All Better Wellness).

PMY billed Medicare for more than $10 million in urine drug tests from mid-2017 through the end of 2019. As a result, Medicare paid out over $4 million for these urine drug tests.  Pennsylvania’s Medicaid program was also billed for urine drug tests during this same time period. The urine drug tests ordered by PMY were sent to an in-house laboratory at PMY whenever possible.  As a result, when medically unnecessary tests were billed to Medicare, the proceeds from them went to PMY itself.   

Search warrants were executed at PMY’s various locations in November 2019, and PMY  ceased operations soon after that.

Thereafter, in a separate offense, Yentzer sought and received over $191,000 in U.S. Department of Health and Human Services stimulus money that was intended for health care providers who had health care related expenses and lost revenues attributable to COVID-19.  Yentzer obtained these funds in April 2020, even though he had resigned from PMY the prior month and PMY had been closed since late 2019.   Yentzer used these funds on various things unrelated to COVID-19 relief, including personal expenses.

The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General, Federal Bureau of Investigation, Drug Enforcement Administration, and the Pennsylvania Office of Attorney General. Assistant U.S. Attorney Ravi Romel Sharma and Special Assistant U.S. Attorney Robert Smultkis are prosecuting the case.

The maximum penalty under federal law for conspiracy to commit health care fraud is 10 years’ imprisonment. The maximum penalty law for conspiracy to commit money laundering is 20 years’ imprisonment. The maximum penalty law for theft of public money is 10 years’ imprisonment. These charges may also carry a fine and a term of supervised release following imprisonment. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

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HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Clearbrook Treatment Centers, located in Laurel Run, Pennsylvania, and Andrew Brown’s Drug Store, Inc., located in Scranton, Pennsylvania, have agreed to pay the United States civil penalties for their alleged failures to comply with dispensing, distribution, and recordkeeping requirements of the Controlled Substances Act.   Clearbrook Treatment Centers will pay $300,000, and Andrew Brown’s Drug Store, Inc. will pay $250,000 in civil penalties.

The Controlled Substances Act, 21 U.S.C. sections 801 et seq. (CSA), was passed to combat illegal distribution and abuse of controlled substances, including prescription medications.  The CSA’s registration, dispensing, distribution, and recordkeeping requirements are designed to prevent the diversion of controlled substances for illegal purposes.  The CSA is enforced by the Drug Enforcement Administration’s Diversion Control Division, whose mission is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs. 

The CSA regulates how medical facilities can stock and dispense, and how pharmacies can dispense and distribute, controlled substances.  The CSA also requires the maintenance of complete and accurate records of each substance manufactured, received, sold, delivered, dispensed, or otherwise disposed of.  These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances.  The CSA provides for civil monetary penalties for violation of these requirements. 

According to Unites States Attorney John C. Gurganus, between December 2016 and April 2021, Andrew Brown’s Drug Store, Inc. dispensed prescriptions or made distributions of controlled substances to Clearbrook Treatment Centers in violation of the CSA.  During that same time, Clearbrook Treatment Centers received distributions from Andrew Brown’s Drug Store, Inc. and maintained a general stock of controlled substances for dispensing without being properly registered with the DEA.  Both Andrew Brown’s Drug Store, Inc. and Clearbrook Treatment Centers also allegedly failed to keep complete timely and accurate records of their respective distribution and dispensing of those controlled substances. 

This settlement addresses the independent obligation of Clearbrook Treatment Centers and Andrew Brown’s Drug Store, Inc. to ensure they have adequate systems in place to prevent improper distribution, maintenance of a general stock, or dispensing of controlled substances, as required by 21 U.S.C. §§ 822, 829, 842, and associated regulations.

“Both Clearbrook Treatment Centers and Andrew Brown’s Drug Store, Inc. have fully cooperated with investigators and are working to enhance their internal compliance with the CSA,” said United States Attorney John C. Gurganus.  “Fortunately, there are no allegations that any controlled substances were diverted for illegitimate use, and both companies are taking their responsibilities seriously and being proactive to strengthen their systems to protect the proper dispensing of drugs under their control from diversion.”    

“Pharmacies and rehabilitation facilities such as Andrew Brown’s Drug Store and Clearbrook are businesses that are integral to the health and overall well-being of our communities.  As such, they are also entrusted to properly distribute and keep track of the controlled substances they maintain,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division.  “Civil penalties such as these help to insure adherence to the requirements of the Controlled Substances Act.”

This Settlement Agreement is neither an admission of liability by Clearbrook Treatment Centers or Andrew Brown’s Drug Store, Inc., nor is it a concession by the United States that its claims are not well founded.

The investigation was handled by Assistant United States Attorneys Richard D. Euliss, Tamara Haken, and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office, with the assistance of the DEA Philadelphia Field Division.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Craig Alan Hare, age 51, of Carlisle, Pennsylvania, was indicted on March 23, 2022, by a federal grand jury on firearms charges.

According to United States Attorney John C. Gurganus, the indictment alleges that on January 14, 2022, in Carlisle, Pennsylvania, Hare unlawfully possessed a Sig Sauer M400 .223 AR 15 Rifle, and a Smith & Wesson 9mm Model, with ammunition and magazines for both firearms while having a previous conviction for a crime punishable by imprisonment for a term exceeding one year.

The case was investigated by the Bureau of Alcohol Tobacco and Firearms (ATF), and the Pennsylvania State Police.  Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

If convicted, the maximum penalty under federal law for this offense is 10 years imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 22, 2022, Damon Todd Carey, age 32, of Harrisburg, Pennsylvania, was sentenced to 228 months of imprisonment to be followed by 96 months of supervised release by United States District Court Judge Sylvia H. Rambo.  Carey previously was convicted following a jury trial of cocaine trafficking and possession of a firearm in furtherance of drug trafficking.

According to United States Attorney John C. Gurganus, during the trial, the government presented evidence of an extensive drug trafficking operation led by Carey, which included large quantities of cocaine, over $80,000 cash, a loaded firearm, money counter, digital scales, kilogram press, five cellphones, ledger totaling $92,700 in drug debts, and duffel bags filled with drug cooking equipment, cutting ingredients, and packaging materials.  At the time of his arrest and federal charges, Carey was on supervised release, and had just completed a 120-month prison sentence for drug trafficking. 

The case was investigated by the Federal Bureau of Investigation and Harrisburg Police Department, who received valuable assistance from the United States Marshals Service.  Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that March 22, 2022, Adam Neftali Santana, age 37, of Chambersburg, Pennsylvania, was sentenced to 15 years’ imprisonment to be followed by 5 years of supervised release by U.S. District Court Judge Jennifer P. Wilson.  Santana previously was convicted following a jury trial of conspiracy to distribute over five kilograms of cocaine, attempted possession with intent to distribute over 500 grams of cocaine, and possession of a firearm in furtherance of drug trafficking. 

According to United States Attorney John C. Gurganus, the investigation uncovered a drug trafficking operation where at least eight boxes that contained cocaine were mailed from Puerto Rico to Santana’s residence. A search warrant was then executed at Santana’s residence where authorities found a digital scale, a Glock 9mm pistol, numerous pistol magazines and ammunition in the master bedroom.  Additional packaging consistent with a seized parcel was also found indicating earlier cocaine deliveries.

The case was investigated jointly by the United States Postal Inspection Service and the Pennsylvania State Police. Assistant U.S. Attorneys Scott Ford and Christian Haugsby prosecuted the case.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 22, 2022, Dory L. Sater, age 47, formerly of Drexel Hill, Pennsylvania, was sentenced to 36 months of imprisonment by United States District Court Judge Robert D. Mariani.  Sater previously was convicted following a jury trial, of bank fraud and aggravated identity theft offenses.

According to United States Attorney John C. Gurganus, the evidence presented at trial showed that in August 2017, Sater forged a mortgage satisfaction piece and filed the instrument with the Luzerne County Recorder of Deeds Office.  The forged document erased a mortgage held by Fidelity Deposit & Discount Bank on the Mountaintop, Pennsylvania residence of Sater’s parents.  The mortgage had served as collateral for a $50,000 line of credit that Sater had withdrawn in its entirety.  Evidence at trial established that Sater’s parents were considering selling their residence while the forged satisfaction piece was recorded.  In the process of forging the mortgage satisfaction piece, Sater also forged the signatures of a Fidelity bank officer and of a public notary, whose notary stamp he stole to use on the forged document.  Sater was a personal injury attorney in Delaware County, who ran The Sater Law Firm LLC.

In pronouncing the sentence, Judge Mariani highlighted that Sater was arrested and charged by state authorities in Delaware County for running an unrelated fraud scheme while he was on pretrial release for his federal case.  He ultimately pleaded guilty and served approximately seven months of imprisonment in his state case.

The case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorneys Phillip J. Caraballo and James Buchanan prosecuted the case.

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Johnathan Sherer, age 29, of Pottsville, Pennsylvania, was charged on March 21, 2022, by criminal information with obstruction of the mail. 

According to United States Attorney John C. Gurganus, the information alleges that in 2019 through October 2020, Sherer, at the time a postal employee, delayed the delivery of over 3,000 pieces of mail by failing to deliver it and keeping it in his possession.

The case was investigated by the U.S. Postal Service Office of Inspector General. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

The maximum penalty under federal law for this offense is 6 months of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Scott a/k/a “Wells,” age 39, of Stroudsburg, Pennsylvania, was sentenced on March 18, 2022, to 24 months in prison by United States District Court Judge Robert D. Mariani for drug trafficking.

According to United States Attorney John C. Gurganus, Scott distributed and possessed with intent to distribute cocaine, cocaine base (“crack”) and MDMA (“molly”), on five separate occasions between December 2016 and February 2019 in Monroe County, Pennsylvania.  A search warrant executed at a Howard Johnson Hotel room in Bartonsville, where Scott lived at the time of his arrest in 2019, resulted in the seizure of cocaine, cocaine base, MDMA, a digital scale, $509 in cash, and drug packaging materials.

The case was investigated by the Federal Bureau of Investigation and the Stroud Area Regional Police Department and was prosecuted by Assistant U.S. Attorney Sean A. Camoni.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This prosecution is part of an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Torrance Gamble, age 49, an inmate at Federal Corrections Institution Schuylkill, Minersville, Pennsylvania, was charged in a criminal information with possession of a narcotic drug. 

According to United States Attorney John C. Gurganus, the information alleges that Gamble possessed buprenorphine, also known as Suboxone, a narcotic controlled substance on December 1, 2021.  Federal inmates are not permitted to possess narcotics.

The case was investigated by the FBI and the Bureau of Prisons. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

If convicted, the maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dimitris Smith, Jr., age 43, of Stroud Township, Pennsylvania, was sentenced yesterday to 24 months’ imprisonment by United States District Court Judge Robert D. Mariani for distributing heroin and fentanyl.

According to United States Attorney John C. Gurganus, on July 3, 2018, Smith distributed fentanyl and heroin to a confidential informant working with law enforcement in Stroud Township, Pennsylvania.  The investigation originated with a 2017 anonymous tip to the Pennsylvania State Police concerning drug trafficking in Monroe County, Pennsylvania.

The case was investigated by the FBI, and the Pennsylvania State Police.  Assistant U.S. Attorney Todd K. Hinkley is prosecuting the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dominique Hightower, age 23, of York, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearm charges.

According to United States Attorney John C. Gurganus, the indictment alleges that Hightower possessed with the intent to distribute 28 grams and more of cocaine base (crack), and unspecified amounts of heroin, marijuana, cocaine, fentanyl, and oxycodone, on November 3, 2021, in York.  The indictment also alleges that Hightower possessed a Glock 22 .40 caliber handgun converted to be fully automatic during and in relation to his drug trafficking activities.  According to the indictment, authorities also recovered a money counter, approximately $14,255.27 in United States Currency, multiple loaded magazines and a .40 caliber drum magazine.

The case was investigated by the Bureau of Alcohol Tobacco and Firearms (ATF), the United States Marshals Service, the York County Drug Task Force, the York City Police Department. Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

If convicted, the maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John C. Gurganus, United States Attorney for the Middle District of Pennsylvania, was reappointed as the United States Attorney by order of the District Court Judges effective March 17, 2022.  Mr. Gurganus was initially appointed United States Attorney by order of United States Attorney General Merrick B. Garland on November 17, 2021, for one hundred twenty days or until a Presidential appointment was made, whichever occurs first.  That appointment expired on March 16, 2022, and this new appointment by the District Court Judges appoints Mr. Gurganus as United States Attorney until the vacancy is filled by the President.  Chief Judge Matthew W. Brann administered the oath of office to Mr. Gurganus yesterday in Williamsport, Pennsylvania. 

Mr. Gurganus began his 33-year legal career with the United States Department of Justice through the Attorney General’s Honors Program in 1988, as a Trial Attorney with the Antitrust Division in the New York City Field Office.  In 1989, he was appointed an Assistant United States Attorney for the Middle District of Pennsylvania, and has been based in the Scranton, Pennsylvania office since that time. During his tenure with the U.S. Attorney’s Office, Mr. Gurganus has held a number of positions including First Assistant U.S. Attorney, Criminal Chief, Deputy Criminal Chief, and Lead Task Force Attorney for the Organized Crime Drug Enforcement Task Force. 

His experience includes the prosecution of a wide variety of cases, including public corruption, drug trafficking, violent crimes, tax evasion, child pornography, extortion, kidnapping, firearms, and fraud crimes.  Mr. Gurganus received two Department of Justice Director’s Awards for Superior Performance as an Assistant U.S Attorney: one for work in prosecuting drug overdose cases, and the other for obtaining a guilty verdict for an individual who attempted to provide material support to a terrorist organization.  

Before joining the Department of Justice, Mr. Gurganus served as a law clerk to the late Honorable Richard P. Conaboy, United States District Court Judge, Scranton, Pennsylvania.  He earned a B.A. from Villanova University in 1983, and received his law degree in 1986 from the University of Notre Dame Law School.  He resides in South Abington Township, Pennsylvania.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Pena-Charles, age 30, was indicted yesterday by a federal grand jury on two counts of failure to depart. 

According to United States Attorney John C. Gurganus, Pena-Charles is a removable alien who has a final order of removal issued by an Immigration Judge.  Pena-Charles is alleged to have knowingly taken steps to prevent his own removal from the United States by (1) failing to participate in an interview with his home country of the Dominican Republic, (2) failing to execute documents necessary to permit travel, and (3) failing to submit to a COVID-19 test which is necessary for air travel.        

This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney Joanne M. Sanderson.

Pena-Charles faces a maximum penalty of 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that five previously deported aliens were indicted separately yesterday by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the district including Dauphin, York, Huntingdon, and Northumberland Counties.

According to United States Attorney John C. Gurganus, Casano De Jesus Espinoza-Vargas, age 59, was previously deported from the United States to Mexico in September 2010.  He is alleged to have illegally reentered the United States again sometime after September 2010.  On February 8, 2022, he was found in the United States in Huntingdon County, Pennsylvania, after being involved in a vehicle accident and charged with driving under the influence. 

Melesio Medina-Torres, age 44, was previously deported from the United States to Mexico in October 2008.  He is alleged to have illegally reentered the United States again sometime after October 2008.  He was found in the United States in York County, Pennsylvania, after an arrest for simple assault and harassment. 

Deyby Mizael Aguilar-Avila, age 30, was previously deported from the United States to Honduras in October 2018.  He is alleged to have illegally reentered the United States again sometime after October 2018.  He was found in the United States in Dauphin County, Pennsylvania, when arrested for another offense that is currently pending in the Dauphin County Court of Common Pleas.   

Jose Navarrete-Bonilla a/k/a George Torres, age 35, was previously deported from the United States to Honduras in April 2012.  He is alleged to have illegally reentered the United States again sometime after April 2012.  He was found in the United States in Northumberland County, Pennsylvania, after an arrest by a Sunbury police officer, on charges which eventually led to a conviction for simple assault. 

Espinoza-Vargas, Medina-Torres, Aguilar-Avila, and Navarrete-Bonilla face a maximum penalty of 2 years of imprisonment, a term of supervised release following imprisonment, and a fine.

Fernando Contreras, age 19, a citizen of Mexico, was illegally in the country and was in possession of a firearm when encountered in Dauphin County on September 3, 2021, after a vehicle stop performed by local law enforcement.

Contreras faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.      

This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney Joanne M. Sanderson.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Denzell Swan, age 38, of York, Pennsylvania, was sentenced on March 14, 2022, to 41 months’ imprisonment to be followed by three years of supervised release, by U.S. District Court Judge Christopher C. Conner for distribution of cocaine.

According to United States Attorney John C. Gurganus, following a year-long investigation by the Bureau of Alcohol, Firearms, Tobacco and Explosives focusing on drug activity at a bar in York City, it was determined that Swan was part of a drug trafficking organization. Using an undercover federal agent, federal law enforcement purchased more than 500 grams of crack cocaine from Swan and his co-conspirators in 2019.

As part of the overall investigation, the United States Attorney’s Office charged others affiliated with the distribution of cocaine in York. The status of the other cases is as follows:

• Anthony Rankins is awaiting trial;
• Dorral Basknight is awaiting trial;
• William Barton was sentenced to 180 months’ imprisonment;
• Michael Adams pleaded guilty and is awaiting sentencing; and
• Furman Dennis pleaded guilty and is awaiting sentencing.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department. Assistant U.S. Attorney Johnny Baer is prosecuting the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Murry, age 44, of Montour County, Pennsylvania, was indicted on March 10, 2022, by federal grand jury on two counts of distribution of methamphetamine.  

According to United States John C. Gurganus, the indictment alleges that Murry distributed more than 50 grams of methamphetamine in Montour County on February 18 and March 7, 2022. 

The investigation was conducted by the Federal Bureau of Investigation.  Assistant United States Attorney Alisan V. Martin is prosecuting the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The maximum penalty for each charge is up to 40 years of imprisonment, a life term of supervised release, and a fine of $5,000,000. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that James Tyler Murphy, age 25, of Amoret, Missouri, was sentenced on March 15, 2022, to 180 months’ imprisonment to be followed by 20 years of supervised release by U.S. District Court Judge Christopher C. Conner for production of child pornography.

According to U.S. Attorney John C. Gurganus, in July 2021, Murphy entered a guilty plea to one count of production of child pornography.  Murphy produced pornographic videos of a 12-year-old York County child between April 3 and April 28, 2018.

This case was investigated by the Federal Bureau of Investigation Harrisburg Resident Office.  Assistant United States Attorney Christian Haugsby prosecuted the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.  For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

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HARRISBURG - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Elmer Rodriguez, age 51, of York, Pennsylvania, was sentenced on March 14, 2022, to 165 months’ imprisonment to be followed by 10 years of supervised release, by U.S. District Court Judge Christopher C. Conner for his role in a conspiracy to distribute kilogram quantities of cocaine.

According to United States Attorney John C. Gurganus, Rodriguez previously pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine.  In July 2018, Rodriguez attempted to receive five parcels he knew each contained approximately two kilograms of cocaine.  The parcels had been shipped from Puerto Rico and were destined for five different addresses in York County.  United States Postal Inspectors intercepted the parcels and discovered the cocaine.  Law enforcement authorities continued the investigation by conducting a controlled delivery of one of the parcels.  When Rodriguez’s wife, Marangely Olivencia, took custody of the parcel, she was arrested.  Olivencia, pleaded guilty and was sentenced to 37 months’ imprisonment for her role in the offense. 

The case was investigated by the U.S. Postal Inspection Service and the Pennsylvania State Police. Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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SCRANTON –U.S. Attorney John C. Gurganus today issued the 2021 Annual Report for the U.S. Attorney’s Office for the Middle District of Pennsylvania.

“As public servants, we are accountable to the citizens we serve and our efforts at transparency include publicizing our work and accomplishments,” said U.S. Attorney Gurganus. “The U.S. Attorney’s Office, along with our partner agencies, had many successes in 2021. This Annual Report is just a summary of those accomplishments and highlights the achievements in each major program of our office which seek to improve the safety and quality of life for the people of our district.” 

The accomplishments summarized in this report are due to the hard work of our 92 dedicated professionals, including the steady leadership of former United States Attorney Bruce D. Brandler.  In 2021, Assistant United States Attorneys prosecuted approximately 335 criminal cases involving 464 defendants, and our Civil Division handled over 790 cases representing the interests of the federal government, including obtaining over $12 million in criminal and civil actions. We continued to participate in numerous community outreach programs designed to educate the public and reduce recidivism, violent crimes, and opioid dependence. 

“It’s an honor to work with the members of this office and with our federal, state, and local law enforcement partners to seek justice and make the Middle District of Pennsylvania safer, said U.S. Attorney Gurganus. “I trust that the report will give you a fuller understanding of our mission.”

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jerald Ungerer, age 34, formerly of Milford, Pennsylvania, was sentenced on March 11, 2022, to twenty years’ imprisonment by U.S. District Court Judge Malachy E. Mannion for the charge of production of child pornography.  Upon release from prison, Ungerer will be supervised by a probation officer for a period of ten years.

According to United States Attorney John C. Gurganus, Ungerer previously pleaded guilty in October 2021, and admitted to producing multiple videos and images of minors engaged in sexually explicit conduct.  In March 2020, investigators served a search warrant at Ungerer’s residence in Pike County and seized multiple computer hard drives and other electronic devices containing child pornography, much of which was produced by Ungerer.

The charges stem from an investigation conducted by the Federal Bureau of Investigation, the Pennsylvania State Police and the Northeast Computer Crimes Task Force. Assistant United States Attorney Robert J. O’Hara prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit  www.usdoj.gov/psc and click on the tab "resources."

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andrew Marszalek, age 24, of New Cumberland, Pennsylvania, was sentenced to 18 months' imprisonment by United States District Court Judge Christopher C. Conner for pandemic unemployment fraud.

According to United States Attorney John C. Gurganus, Marszalek pled guilty to conspiring with five others to file false claims for unemployment assistance during the pandemic. These defendants gathered personal identification information from inmates housed within the Pennsylvania Department of Corrections system and filed unemployment claims. The payments were mailed to particular addresses in New Cumberland, Pennsylvania, where they were gathered and the funds accessed. The conspirators arranged for the payment of tens of thousands of dollars in benefits which they were not entitled to obtain.

Nicholas Baggio, age 32, an inmate at the State Correctional Institution at Mahanoy, entered a guilty plea to conspiracy to commit mail fraud. He is awaiting sentencing.

Alexis Figueroa, age 31, of Philadelphia, Oscar Martinez, age 28, an inmate at the State Correctional Institution at Rockview, and Jeovanny Shultz, age 28, an inmate at the State Correctional Institution at Mercer, are awaiting trial.  Joshua Powles, age 33, of Philadelphia, is wanted as a fugitive.

The case was investigated by the U.S. Postal Inspection Service and the United States Department of Labor Office of Inspector General. Assistant U.S. Attorney Michael Consiglio is prosecuting the case.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Glen Taormina, age 46, of Mount Carmel, Pennsylvania, was indicted by a federal grand jury on drug trafficking charges.

According to United States Attorney John C. Gurganus, the two-count indictment alleges that Taormina distributed 50 grams and more of methamphetamine on June 16, 2021, and then, on June 17, 2022, he possessed with the intent to distribute another 50 grams and more of methamphetamine, 40 grams and more of fentanyl, and detectable amounts of heroin in Northumberland County.  The indictment also seeks the criminal forfeiture of $10,754 in cash recovered on June 17, 2021.

The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Agency, and the Pennsylvania State Police.  Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit opioid related offenses.

The maximum penalty under federal law for each of these offenses is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 10, 2022, Jose William Perez Felipe, age 25, and Wilber Sori San Miguel age 31, both of Louisville, Kentucky, were indicted by a federal grand jury for conspiracy to transport 30 stolen catalytic converters from Kentucky and Ohio to State College, Pennsylvania.

According to United States Attorney John C. Gurganus, the indictment alleges that between November 29, 2021 and December 2, 2021, Perez Felipe and San Miguel unlawfully agreed to transport stolen catalytic converters from Kentucky to New York, where the valuable metals contained inside them, including rhodium, palladium, and platinum, were to be extracted.

During a stop in Ohio, they received additional stolen catalytic converters.  According to the indictment, they also stopped in State College, where they stole six additional catalytic converters from Penn State University vans parked in a campus parking garage and from box trucks at two businesses in State College. The indictment also alleges that they used a reciprocating saw to cut the converters from the vehicles. The defendants were found sleeping inside a green Ford van parked in the PSU garage and the van contained approximately 30 stolen catalytic converters.  The indictment alleges that the 30 stolen catalytic converters recovered from the van had a value of approximately $90,000.       

The case was investigated by the FBI, the State College Police Department, and the Pennsylvania State University Police Department.  Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.

If convicted, the maximum penalty under federal law for these offenses is 20 years in prison, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Windham, age 22, of Harrisburg, Pennsylvania, was sentenced to 46 months' imprisonment by United States District Court Judge Jennifer P. Wilson for weapons offenses.

According to United States Attorney John C. Gurganus, Windham pled guilty to conspiring with three other individuals to purchase guns for felons and persons under indictment. Windham was prohibited by law from possessing a gun, but he arranged for Taashaun Mansfield, age 23, of Harrisburg, to purchase a gun for him. Mansfield also purchased six other guns for felons.

Mansfield, of Harrisburg, entered a guilty plea to weapons offenses and was sentenced to 37 months in prison in February 2022. Antonio Godbolt, age 34, of Harrisburg, entered a guilty plea to conspiring to straw purchase guns and possessing a gun as a felon and is awaiting sentencing.  

The Bureau of Alcohol, Tobacco, Firearms and Explosives brought this case in conjunction with the Harrisburg Bureau of Police.  Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

# # #

HARRISBURG - The Justice Department and the U.S. Attorney’s Office for the Middle District of Pennsylvania announced today that on March 9, 2022, Ty Allen Barnett, of Dover, Pennsylvania, entered a plea of guilty to the improper handling and removing of regulated asbestos containing material as required by federal law.

A ten-count indictment filed in January 2020, charged Lobar Inc., First Capital Insulation, Inc., Francis Richard Yingling, Jr., Dennis Lee Charles Jr., M&J Excavation Inc., John August Sidari, Jr., and Ty Allen Barnett, with various violations of the federal Clean Air Act arising from disturbing and removing asbestos in violation of the National Emission Standards for Hazardous Air Pollutants regulations. Lobar, Inc. pleaded guilty on Feb. 9, 2022. The remaining defendants have pleaded not guilty and are currently scheduled for trial in June 2022 before U.S. District Court Judge Jennifer P. Wilson.

Asbestos was designated a hazardous air pollutant in 1971 which can become airborne and can be inhaled into the lungs. There is no known safe amount of exposure.

According to U.S. Attorney John C. Gurganus, the criminal charge is the result of Barnett’s activity as the project supervisor for the asbestos abatement contractor, First Capital Insulation Inc., on the Berwick Area School District project in Berwick, Pennsylvania. The scope of the project was designed to safely remove environmentally hazardous materials from the site, demolish the former weaving mill building, and construct a new elementary school.

Prior to purchasing the mill in January 2014, the Berwick Area School District obtained an environmental assessment report that identified hazardous substances, including asbestos, located in the old facility. The existence of asbestos was confirmed by an environmental consultant. The findings of both assessments were shared with Lobar, and its subcontractors responsible for asbestos removal and demolition. Despite this, the demolition went forward before the asbestos was properly removed until stopped by the United States Environmental Protection Agency.

“Exposure to airborne asbestos fibers can pose a serious health risk to workers and members of the public,” said EPA Special Agent in Charge Jennifer Lynn. “The defendant knowingly failed to follow the required safety practices when working with asbestos containing materials, potentially endangering the health of workers and the public.”

Howard P. Stewart, Senior Litigation Counsel from the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice, Assistant United States Paul Miovas and Special Assistant United States Attorney Patricia Miller of the Middle District of Pennsylvania are prosecuting the case. The case was investigated by the Criminal Investigation Division of the EPA.

A defendant is presumed innocent unless and until proven guilty.

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Marc Punzalan, age 27, formerly of Maryland, was sentenced to 267 months in prison to be followed by 10 years of supervised release by Chief U.S. District Court Judge Matthew W. Brann on child pornography charges. 

According to U.S. Attorney John C. Gurganus, Punzalan pleaded guilty to attempted sexual exploitation of a child.  In 2013, Punzalan, through the use of an internet messenger service, coerced a 13-year-old child to send him nude photographs of herself.  Over the course of two days in June 2013, Punzalan sent hundreds of messages to the 13-year-old victim.   In these messages, Punzalan attempted to extort the 13-year-old victim to send him additional nude images by threatening to tell her parents and the police that she had sent such pictures on prior occasions.  Punzalan continued to harass and blackmail her despite her repeated requests for him to stop.  Punzalan continued to threaten her even after she told him that his demands had her contemplating suicide.  The 13-year-old victim eventually became so emotionally distraught that she committed suicide on the second day of Punzalan’ s threats and harassment.

Punzalan committed similar acts against other young girls at the same time in Maryland, where he was living at the time.  After hearing from several of the dozen family and friends present to support the 13-year-old victim, Chief Judge Brann called Punzalan’s conduct “sickening” and said Punzalan’s predatory behavior caused irreparable harm.

Punzalan is presently serving a sentence from the District of Maryland for child exploitation offenses from that district.  The 267-month sentence imposed by the Chief Judge Brann will result in an overall sentence of 30 years’ imprisonment for Punzalan.

The case was investigated by the Federal Bureau of Investigation, and the South Williamsport Police Department.  Assistant United States Attorney Geoffrey W. MacArthur prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.

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HARRISBURG – Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, U.S. Attorney John C. Gurganus for the Middle District of Pennsylvania, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division and Special Agent in Charge Russell W. Cunningham of the Department of Justice Office of the Inspector General (DOJ-OIG) Washington Field Office announce that a former veteran detective for the Carlisle, Pennsylvania, Police Department, who was a task force officer with the FBI and a member of the Cumberland County Drug Task Force, was sentenced today to 75 months in prison for bribery, drug distribution, and making false statements by United States District Court Judge Jennifer P. Wilson.

According to court documents and evidence presented at trial, Christopher Collare, 54, now of Blythewood, South Carolina, used his official position to obtain sex from two women in exchange for agreeing to take actions in prosecutions. Specifically, in 2015, Collare agreed to accept sex or money in exchange for not appearing at an evidentiary hearing so that a criminal charge would be dismissed. In 2018, Collare agreed to accept sexual favors in exchange for taking steps to help reduce a potential sentence. In addition to bribery, the jury convicted Collare of distributing heroin in 2016. He also was convicted of lying in November 2015 on a federal form he completed during the process of becoming an FBI task force officer, and of making multiple false statements when interviewed by federal agents in May 2018.

“A badge carries enormous responsibility along with the trust it confers,” said Special Agent in Charge Jacqueline Maguire. “Those who abuse that responsibility will find themselves on the wrong side of the law, facing the stark reality that crossing the line comes with punishment.  Law enforcement officers at every level – local, state, federal – owe the public honest services free from bias or self-indulgent actions.”

“We rely on law enforcement officers to do their work with honesty and integrity.  Instead, Collare exploited his official position, accepting bribes of sex and money in exchange for taking actions in prosecutions.  Now, he will be held accountable for the bribery and lies,” said Russell W. Cunningham Special Agent in Charge of the Department of Justice Office of the Inspector General Washington Field Office.

The FBI’s Philadelphia Field Office Harrisburg Resident Agency and the Department of Justice Office of the Inspector General Washington Field Office investigated the case.  Trial Attorney James I. Pearce of the Criminal Division’s Appellate Section (formerly with the Public Integrity Section) and Assistant U.S. Attorneys Carlo D. Marchioli and Phillip J. Caraballo of the Middle District of Pennsylvania prosecuted the case.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Thomas Evanchik, age 41, formerly of Kingston, Pennsylvania, pleaded guilty on March 9, 2022, before U.S. District Court Judge Robert D. Mariani, to the charge of conspiracy to distribute more than 40 grams of fentanyl.

According to United States Attorney John C. Gurganus, Evanchik admitted to conspiring with other individuals to distribute, and possess with intent to distribute, between 160 and 280 grams of fentanyl in the Luzerne County area in 2020.  Judge Mariani ordered that a presentence report be completed for Evanchik.  Sentencing will be scheduled at a later date.

This matter was investigated by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police.  Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Evanchik faces a mandatory minimum 5-year imprisonment term.  The maximum sentence under federal law is up to 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine.  A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Alan Dorsey, 39, of Bellefonte, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearms charges.

According to U.S. Attorney John C. Gurganus, the indictment charges Dorsey with distribution of methamphetamine on June 3, 2021, along with possession with intent to distribute methamphetamine and a mixture of fentanyl and tramadol on September 11, 2021, all in Centre County.  The indictment also charges Dorsey with illegally possessing ammunition and possessing a 9mm handgun in furtherance of drug trafficking.

The matter was investigated by the Pennsylvania State Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Alisan V. Martin is prosecuting the case.   

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit opioid related offenses.

The maximum penalty for this offense is up to life in prison, a term of supervised release following imprisonment, and a fine.  A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that James Hughes, age 33, of Wilkes-Barre, Pennsylvania, was sentenced on March 7, 2022, to 132 months’ imprisonment to be followed by four years on supervised release by U.S. District Court Judge Malachy E. Mannion on drug trafficking and firearms charges.

According to United States Attorney John C. Gurganus, Hughes possessed with the intent to distribute over 200 grams of methamphetamine and over 40 grams of fentanyl on May 12, 2021, at a hotel in Wilkes-Barre, Pennsylvania. Hughes possessed a .40 caliber Smith and Wesson handgun and ammunition in furtherance of his drug trafficking activities and he was a person prohibited from possessing a firearm as a previously convicted felon.

This case was also part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of

this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

The case was investigated by the Federal Bureau of Investigation (FBI), the Pennsylvania State Police and the Wilkes-Barre City Police Department.  Assistant U.S. Attorney Jenny P. Roberts prosecuted the case.

# # #

Scranton –United States Attorney John C. Gurganus recently honored eight individuals for their outstanding contributions to public safety. These awards are made each year to a select group of individuals who perform in an exceptional manner and who make significant contributions to our Office’s efforts to promote public safety.

United States Marshal Martin J. Pane received the United States Attorney’s Award for Exemplary Lifetime Service as Law Enforcement Officer.  Marshal Pane’s remarkable career exemplifies the Marshals Service’s motto, “Justice, Integrity, Service.” He has served the United States and the citizens of Pennsylvania over a distinguished 34-year career marked by sound judgment, integrity, and unwavering dedication.  The award honors his expertise and leadership, and his steadying presence in our law enforcement community.  

Chief Detective Michael Dessoye, of the Luzerne County District Attorney’s Office received the United States Attorney’s Award for Outstanding Contributions to Cooperative Law Enforcement.  This award recognizes Chief County Detective Michael Dessoye’s exceptional work in promoting cooperation among law enforcement agencies.  During more than 50 years as a law enforcement officer, Chief Detective Dessoye has vigorously worked to create strong working relationships between federal, state, and local law enforcement to investigate and prosecute criminals who pose a danger to the citizens of Luzerne County, Pennsylvania.  Law enforcement agencies in the region have greatly benefited from his keen investigatory skills and his unique ability to forge partnerships that bring the necessary resources to investigations and thereby securing successful outcomes. 

Three individuals received the United States Attorney’s Award for Distinguished Service as a Law Enforcement Officer for their exceptional work in multiple significant criminal prosecutions:

• DEA Special Agent Philip A. Klemick

This award recognizes Agent Philip Klemick’s remarkable ability to work on large scale drug trafficking cases that produce outstanding results.  As a recognized expert in his field, Special Agent Klemick is often consulted by his colleagues and other agency partners and provides invaluable assistance with his unique ability to utilize the appropriate investigatory techniques to gather compelling evidence against significant large-scale drug law violators.  He is a master at drafting applications for the interception of wire and electronic communications.  In most instances, Special Agent Klemick has been able to trace the drugs in the Middle District of Pennsylvania to their source of supply.  In his career, he has been the lead case agent in numerous Organized Crime Drug Enforcement Task Force cases.

• Luzerne County Drug Task Force Coordinator Daniel Mimnaugh

This award recognizes Daniel Mimnaugh’s 26-year career of distinguished service as a law enforcement officer in the Middle District of Pennsylvania.   His law enforcement career includes positions as a Pennsylvania State Trooper, an FBI Task Force Officer, the Laflin Chief of Police, and the Coordinator of the Luzerne County Drug Task Force.  In those positions, he initiated and led numerous complex drug trafficking, organized crime, and gang related investigations.  His efforts resulted in the prosecution of hundreds of individuals and forfeiture of millions of dollars in illegally obtained assets. This award pays tribute to his tenacious work in the field, but also his more recent leadership of the members of the Drug Task Force.  

• FDA Special Agent Michael Sullivan

This award recognizes Agent Michael Sullivan’s exceptional work in US v. Jonathon Clark Baird, 1:20-CR-00244 (MDPA), a case that involved a licensed attorney who instructed his co-conspirators on methods used to fraudulently conceal the true nature of their illegal sale of prescription drugs in the U.S. marketplace that put consumers’ health at risk.  Baird, of Louisville, Kentucky marketed his law firm as focusing on steroid, nutritional supplements law and FDA regulations.  He retained a nationwide client base that included individuals and companies involved in the illicit internet marketing and sale of FDA regulated drugs to the body building and enhancement community.  Over about two-year period, two of Baird’s clients, Total Trading LLC of Lebanon, Pennsylvania and L&P, LLC of Schaumberg, Illinois grossed more than $5,500,000 in connection with the illegal internet sale of prescription drugs.  Baird assisted these companies by reviewing their business models, websites and drafting a bogus disclaimer that the drugs sold on the website were for research purposes only and not for human use.  He instructed his clients that the website check out procedure had to require that the customer acknowledge the disclaimer before he could complete the purchase of drugs.  To ensure the business practices did not undermine the “research purposes only” ruse, Baird also reviewed and provided instructions about drug ordering procedures, payment procedures, drug packaging labels and advertising.  Agent Sullivan’s work in bringing this case to justice was of the highest caliber. 

Bureau of Prisons Attorney Erin Frymoyer received the United States Attorney’s Award for Distinguished Service in Civil Litigation. This award recognizes the outstanding legal support Attorney Frymoyer provided to the U.S. Attorney’s Office in McCreary v. Federal Bureau of Prisons, et. al., a class action suit by USP Lewisburg inmates that challenged the constitutionality of mental health treatment provided to inmates in the institution’s Special Management Unit (SMU). The award also recognizes Attorney Frymoyer’s exemplary work in the production of documentary evidence for COVID-19 compassionate release litigation.  Attorney Frymoyer’s rapid response to requests for documents and policies enabled the U.S. Attorney’s Office to effectively respond to approximately 100 compassionate release motions. 

Two individuals received the United States Attorney’s Award for Distinguished Service in Civil Rights Litigation:

• Department of Justice Civil Rights Trial Attorney Anne Langford
• Department of Justice Civil Rights Trial Attorney Joy Welan

These two awards recognize the recipients’ exceptional assistance to the U.S. Attorney’s Office to negotiate a settlement with Rite Aid that enabled those with visual and mobility impairments to gain access to the Rite Aid online vaccination portal. This settlement is now a model for other pharmacies and retailers offering vaccination scheduling on-line; ensuring individuals with disabilities have the ability to schedule a COVID-19 vaccination independently and privately. 

“We are so pleased to recognize the achievements of our colleagues who have made significant contributions to the mission of the United States Attorney’s Office to protect the safety and well-being of our communities, said United States Attorney John C. Gurganus. “The exemplary work of these eight individuals deserves this special recognition, and I thank them for their service.”    

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 7, 2022, Donald Royce, age 45, of Orlando, Florida, pleaded guilty before U.S. District Court Judge Robert D. Mariani, to a mail fraud charge and a tax fraud offense. 

According to United States Attorney John C. Gurganus, Royce, a tax preparer working in Scranton, defrauded a number of local taxpayers in 2014.  After providing the victim taxpayers with a “client copy” of their tax return that showed the correct refund amount, Royce submitted fraudulent tax returns to the IRS that inflated the refund due. After the IRS sent the refund to Royce, the defendant kept the difference between the legitimate refund amount and the higher fraudulent amount for his own personal use.  In one case, Royce instructed the victim clients to provide him with their tax payment and instead forwarding the payment to the IRS, Royce kept the payment for himself.  Due to Royce’s actions, his victims suffered more than $250,000 in losses.

The case was investigated by the Internal Revenue Service, Criminal Investigations.  Assistant United States Attorney Jenny P. Roberts is prosecuting the case.

The maximum penalty under federal law for this offense is 23 years’ imprisonment, a term of supervised release following imprisonment, and a fine of $500,000. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 8, 2022, Joel Luis-Aguilar, age 56, was sentenced to 24 months’ imprisonment to be served consecutive to a recently imposed state sentence of 2-10 years for his tenth DUI, by United States District Judge Jennifer P. Wilson for illegal re-entry of a previously deported alien.  Luis-Aguilar was also sentenced to one year of supervised release to be served upon release from his federal sentence.

According to United States Attorney John C. Gurganus, Luis-Aguilar pleaded guilty to having illegally reentered the United States sometime after his last removal in April 2014 after eluding examination or inspection by immigration officers. He was encountered in the United States pursuant to an arrest for DUI while also subject to an arrest warrant for a previous DUI. It is expected he will be removed to Mexico at the completion of his sentence.

This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO).  Assistant United States Attorney Joanne M. Sanderson prosecuted the case.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 7, 2022, Dahveed Dean, age 45, an inmate at United States Penitentiary Canaan (USP Canaan), was sentenced to 18 months’ imprisonment by U.S. District Court Judge Malachy E. Mannion for assaulting a federal employee.

According to United States Attorney John C. Gurganus, Dean punched a corrections officer in the face during an altercation at the prison in July of 2016.  The 18-month sentence will run consecutive to Dean’s current federal sentence of 25 years for robbery and firearms charges.

The case was investigated by the Federal Bureau of Investigation and officers at USP Canaan, and was prosecuted by Assistant U.S. Attorney Sean A. Camoni.

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 7, 2022, Nelson Ferry, age 32, an inmate at FCI Schuylkill, Pennsylvania, was charged in a criminal information with possession of a weapon. 

According to United States Attorney John C. Gurganus, the information alleges that on December 1, 2021, Ferry possessed a sharpened metal object intended to be used as a weapon, commonly known as a “shank.” 

The case was investigated by the Federal Bureau of investigation and the Bureau of Prisons.  Assistant U.S. Attorney Sean Camoni is prosecuting the case.

The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Giuseppe Tomasino, age 45, and Andrea Tomasino, age 71, co-owners of Tomasino’s Restaurante Italiano, located in Dallas, PA, were sentenced on March 8, 2022, by United States District Judge Robert D. Mariani for both failing to collect and pay over several years’ worth of required federal payroll taxes and for underreporting personal income for several years.  Judge Mariani sentenced Giuseppe Tomasino to serve a 6-month period of home detention with electronic monitoring, to be followed by two years of supervised release.  Additionally, Giuseppe Tomasino was ordered to pay restitution to the Internal Revenue Service (IRS) in the amount of $205,799.00.  Citing the elder Tomasino’s serious health issues, Judge Mariani sentenced Andrea Tomasino to two years of probation.  Andrea Tomasino was also ordered to pay restitution to the IRS in the amount of $214,347.00.    

According to United States Attorney John C. Gurganus, for a 5-year period from the first quarter of 2014 through the first quarter of 2019, the Tomasinos willfully failed to collect and pay over to the IRS required federal payroll taxes, including Federal Insurance Contribution Act (FICA) taxes.  Additionally, for years 2014 through 2017, both men intentionally underreported their personal income, resulting in further tax loss to the IRS.  More specifically, Giuseppe Tomasino underreported income for the relevant years in the total amount of $489,390.00, while Andrea Tomasino underreported income for the same period in the total amount of $491,820.00.    

The case was investigated by IRS-Criminal Investigations.  Assistant U.S. Attorney Jeffery St John prosecuted the case. 

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Postal contractor, Rachele Ostrowe, age 39, of Jim Thorpe, Pennsylvania, was indicted by a federal grand jury for theft of Government funds. 

According to United States Attorney John C. Gurganus, the indictment alleges that between November 2017 and April 2019, Ostrowe fraudulently claimed mileage payments for extra trips to deliver mail and parcels to which she knew she was not entitled.  The indictment alleges she stole over $1,000.

The case is being investigated by the United States Postal Service Office of the Inspector General. Assistant United States Attorney Sean A. Camoni is prosecuting the case.

The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 4, 2022, a criminal information was filed charging Melinda Bixler, age 49, of York, Pennsylvania, with one count of engaging in monetary transactions in property derived from unlawful activity.

According to United States Attorney John C. Gurganus, the information alleges that Bixler purchased a home in York, PA for $685,000 using money that she had obtained through various unlawful means.

The information alleges that Bixler obtained a mortgage loan for the purchase of this home by submitting multiple false statements to York Traditions Bank. These false statements allegedly included a forged letter from the owners of a business property that Bixler had previously purchased stating that she no longer owed money to the prior owners, when in fact she was still making monthly payments on it. It is also alleged that Bixler obtained a gift letter from her son stating that he was gifting his mother $350,000 from his own personal funds when Bixler actually funneled money to her son through a series of transactions that disguised the true sources of the funds. One source of these funds was $78,000 that Bixler took from the bank account of M.H., a 94-year-old woman residing at a nursing home in Lancaster County, Pennsylvania. Bixler was then the power of attorney for M.H., and she therefore had access to the elderly client’s bank account.

The case was investigated by Internal Revenue Service Criminal Investigation, Federal Bureau of Investigation, York County District Attorney’s Office, York County Area Agency on Aging, and the Pennsylvania Department of Aging, Protective Services Office. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.

If convicted, the maximum penalty under federal law is 10 years’ imprisonment. This charge may also carry a fine and a term of supervised release following imprisonment. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Luis D. Baez-Sierra, age 38, of York, Pennsylvania, was sentenced on March 2, 2022, to 121 months’ imprisonment to be followed by five years of supervised release by U.S. District Court Judge Sylvia H. Rambo for drug trafficking.

According to United States Attorney John C. Gurganus, Baez-Sierra previously pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine between May 2015 and May 2017. Baez-Sierra was the leader of a drug trafficking organization operating in York County, Pennsylvania. Baez-Sierra was receiving narcotics through the United States mail sent from Puerto Rico.

Baez-Sierra was originally charged in May 2017, with seven codefendants:

• Ramon Puig Rodriguez – pleaded guilty to conspiracy to distribute cocaine hydrochloride and is awaiting sentencing;
• Chayann Torres-Santiago – pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine hydrochloride and was sentenced to 30 months’ imprisonment;  
• Juan Rivera Marrero – pleaded guilty to conspiracy to distribute 500 grams and more of cocaine hydrochloride, money laundering and was sentenced to 60 months’ imprisonment;
• Jean Carlos Torres-Santiago – pleaded guilty to conspiracy to distribute 500 grams and more of cocaine hydrochloride and 100 grams and more of heroin, and was sentenced to 60 months’ imprisonment;
• Charlie Abdiel Cruz Velez – pleaded guilty to conspiracy to distribute and possess with intent to distribute 5 kilograms and more of cocaine hydrochloride, and was sentenced to 57 months’ imprisonment;
• Henry Delgado – pleaded guilty to conspiracy to distribute and possess with intent to distribute 5 kilograms and more of cocaine hydrochloride, and was sentenced to 84 months’ imprisonment; and
• Angel Santiago-Torres – pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine hydrochloride and was sentenced to 12 months’ imprisonment.

This case was investigated by the Drug Enforcement Administration, United States Postal Inspection Service and the York City Police Department. Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ernest Stonebraker, age 33, and his wife, Theresa Stonebraker, age 42, both of Berwick, Pennsylvania, were sentenced on March 3, 2022, by Chief United States District Judge Matthew W. Brann, to terms of imprisonment as a result of their participation in a credit card fraud and identity theft scheme.  Ernest Stonebraker received a sentence of 48 months, while his wife and coconspirator, Theresa Stonebraker received a sentence of 30 months.  Each defendant was also ordered to serve a term of supervised release following imprisonment and to make restitution in the amount of $8,039.55, which represents the amount of unreimbursed loss suffered by their victims.   

According to United States Attorney John C. Gurganus, from March 2019 to May 2019, the Stonebrakers used the personal identification information of their neighbors, which they obtained from mail that they stole from their neighbors’ mail boxes, and through other means, including by accessing victims’ MyGeisinger accounts, to open credit card accounts in their victims’ names.  The couple then used the fraudulently obtained credit cards to purchase thousands of dollars of goods and services from local retailers.  In all, the Stonebrakers either victimized or attempted to victimize (by compiling the personal information of) approximately 70 of their fellow residents of Luzerne and Columbia Counties.  The total amount of loss attributable to the scheme was approximately $52,000.  

The case was investigated by the United States Postal Inspection Service and the Salem Township Police Department.  Assistant United States Attorney Jeffery St John prosecuted the case.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Nicole Ann Bozek, age 32, of Nicholson, Pennsylvania, was sentenced on March 2, 2022, to 33 months’ imprisonment to be followed by three years of supervised release by U.S. District Court Judge Malachy E. Mannion following her conviction for conspiracy to distribute and possession with intent to distribute heroin.

According to United States Attorney John C. Gurganus, Bozek conspired to distribute more than one kilogram of heroin (which is approximately equivalent to 50,000 individual retail bags of heroin) during the conspiracy.  

Bozek was one of eleven defendants indicted in May 2020.  With the exception of Tysheen Gott, a/k/a “LB,” all other co-conspirators pleaded guilty.  Gott was convicted after trial in August 2021 and is awaiting sentencing.

This case was the result of a year-long investigation, in part driven by multiple federal wiretaps conducted by the Federal Bureau of Investigation, the Wilkes-Barre Police Department, the Scranton Police Department, the Pittston City Police Department, the Plymouth Police Department, the Pennsylvania State Police, the Luzerne County District Attorney’s Office, the Wyoming County District Attorney’s Office and the Office of Pennsylvania Attorney General.  Assistant U.S. Attorneys Michelle Olshefski and Robert O’Hara prosecuted the case.

This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.”

This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 2, 2022, Yevgeniy Maksymiv, 33, of Camp Hill, Pennsylvania, was indicted by a federal grand jury for maliciously attempting to damage or destroy a building by fire, and for knowingly possessing an unregistered destructive device.

According to U.S. Attorney John C. Gurganus, the indictment alleges that Maksymiv attempted to damage or destroy Zembie’s Sports Tavern in Harrisburg by fire on February 28, 2022.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Prosecution is assigned to Assistant U.S. Attorney Christian T. Haugsby.

The total maximum penalties under federal law for the charged offenses is up to 30 years in prison and a $500,000 fine, followed by a period of supervised release following imprisonment.  A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged by indictment are presumed to be innocent unless and until found guilty in court.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Matthew W. Mensinger, age 48, of Berwick, Pennsylvania, was charged in a criminal information with aiding and abetting false statements on loan applications. 

According to United States Attorney John C. Gurganus, the criminal information alleges that Mensinger was the Chief Lending Officer of a Berwick, Pennsylvania-based financial institution.  Between approximately November 2011 and June 2020, Mensinger caused other individuals and entities to obtain approximately $690,000 in loans from the financial institution, purportedly for small business purposes.  In fact, however, the individuals and entities provided the money to Mensinger, who promised that he would repay the loans.

The case was investigated by agents from the Federal Deposit Insurance Corporation's Office of the Inspector General, and from the Federal Bureau of Investigation.  Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.

If convicted, the maximum penalty under federal law for this offense is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 2, 2022, Wyatt Jones, age 26 and Marisel Toro, age 21, of York, Pennsylvania, were indicted by a federal grand jury for child exploitation offenses.

According to U.S. Attorney John C. Gurganus, the indictment charges Jones and Toro with conspiracy to produce child pornography, production of child pornography, distribution of child pornography, and possession of child pornography. The indictment alleges that Jones and Toro committed the offenses between October 2020 and April 2021.

The case was investigated by the Federal Bureau of Investigation, the York City Police Department, and the United States Probation Office.  Assistant United States Attorney Paul J. Miovas, Jr. is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit  www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab.

If convicted, the maximum penalty under federal law for the offenses charged in the indictment is life imprisonment, a lifetime term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 years’ imprisonment for the defendants if convicted of production of child pornography. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Penn State has agreed to pay $899,824.55 to resolve allegations of civil liability for the submission of claims by the Penn State Psychological Clinic in State College, PA, to Medicare, TRICARE and Medicaid between February 1, 2015 and July 31, 2020 for behavioral health and Evaluation & Management services that violated Medicare rules and regulations. 

According to U.S. Attorney John C. Gurganus, Penn State, through the Clinic, is alleged to have submitted improper claims related to behavioral health services with respect to the supervision of doctoral students, “incident-to” billing requirements, and/or the credentialing of licensed practitioners for Medicare participation.  Additionally, the Clinic is alleged to have submitted claims for Evaluation & Management services that were not supported by the medical record.  After discovering the problems, Penn State took prompt corrective action and disclosed the matter to the United States Attorney’s Office.  Restitution is $599,883.03 of the settlement amount. 

This matter was handled by the Department of Health and Human Services (HHS), Office of Counsel to the Inspector General (OCIG), the Defense Health Agency (DHA), acting on behalf of the TRICARE program, and Assistant U.S. Attorney Tamara Haken of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office for the Middle District of Pennsylvania.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 2, 2022, Genrry Estuardo Lopez-Ramirez a/k/a Alex Ariel Lopez-Morales, a/k/a Henry Lopez-Ramirez, age 22, was indicted by a federal grand jury for illegal re-entry into the United States by a previously deported alien. 

According to United States Attorney John C. Gurganus, Lopez-Ramirez was previously deported from the United States to Mexico in March 2019.  He is alleged to have illegally reentered the United States again sometime after March 2019.  He was found in the United States in Franklin County, Pennsylvania, after an August 2, 2021, arrest by a Chambersburg police officer, on charges which eventually led to a conviction for DUI: Controlled Substance. 

This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne M. Sanderson is prosecuting the case.

If convicted, Lopez-Ramirez faces a maximum penalty of 2 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ricky Long, 54, of Mount Carmel, Pennsylvania, was sentenced to 12 months plus one-day in prison by U.S. District Court Chief Judge Matthew W. Brann for failure to account for and pay over employment tax.   

According to United States Attorney John C. Gurganus, Long pleaded guilty in August 2021, to failure to account and pay over employment taxes.  Long is the owner and operator of a home healthcare business known as Warm Hearts Home Care Agency, Inc. operating in Sunbury, Pennsylvania.  Warm Hearts employs aids that assist homebound patients with their medical needs.  Long failed to file tax return forms for or pay over $296,484.89 in employment and trust fund taxes collected from employees over several years.  Rather than turning the money over to the IRS, Long used the money to open a wine bar in Shamokin, Pennsylvania and on personal expenses such as vacations and tickets to sporting events.  Long was also ordered to make full restitution.

The case was investigated by the Internal Revenue Service.  Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.

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