Middle District of Pennsylvania

WILLIAMSPORT—The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 16, 2021, Hugo Reynosa, age 26, was convicted of possessing a weapon in federal prison after a bench trial before United States District Court Chief Judge Matthew W. Brann.

According to United States Attorney John C. Gurganus, the evidence presented at trial showed that on May 12, 2020, officers at the United States Penitentiary in Lewisburg, Pennsylvania, initiated a mass search of inmate cells in Hugo Reynosa’s housing block.  Officers instructed the inmates to exit their cells without carrying any property.  An officer spotted Reynosa exit his cell and throw a bag into a garbage can on the housing range.  The officer immediately retrieved and searched the bag, which contained a 6.25-inch piece of metal with a crude handle and sharp point, commonly referred to as a “shank.”

Chief Judge Brann rendered a verdict of guilty on the sole count of the indictment, finding Hugo Reynosa guilty of possessing contraband in prison.

The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation.  Special Assistant U.S. Attorney Drew O. Inman and Assistant U.S. Attorney Alisan V. Martin are prosecuting the case.

The maximum penalty under federal law for this offense is five years’ imprisonment, a three-year term of supervised release following imprisonment, and a $250,000 fine.  Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances, and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public, and provide for the defendant’s educational, vocational, and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Antonio Bishop, age 37, an inmate at United States Penitentiary, Canaan (USP Cannan), Waymart, Pennsylvania, was indicted on December 14, 2021, by a federal grand jury on charges stemming from an attempt to introduce narcotics and tobacco into a federal prison. 

According to United States Attorney John C. Gurganus, the indictment alleges that inmate Bishop attempted to provide suboxone and amphetamines, narcotic controlled substances, to inmates, and to possess and obtain tobacco, all of which is considered contraband in a federal prison.

The case was investigated by the Bureau of Prisons Special Investigation Section (SIS) and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum total penalty under federal law for these offenses is 20 years, 6 months of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Louis Borrero, age 38, an inmate at United States Penitentiary, Canaan (USP Canaan), in Waymart, Pennsylvania, was indicted on December 14, 2021, by a federal grand jury on assault and weapon possession charges. 

According to United States Attorney John C. Gurganus, the indictment alleges that inmate Borrero assaulted a victim on July 16, 2021 at USP Canaan with a razor blade, which is a contraband weapon in a federal prison.

The case was investigated by the Bureau of Prisons Special Investigation Section (SIS) and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum combined penalty under federal law for these offenses is 15 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Sanchez-Flores, age 33, of Mexico, was indicted on December 15, 2021, by a federal grand jury with illegal re-entry into the United States by a previously deported alien. 

According to United States Attorney John C. Gurganus, Sanchez-Flores was previously deported from the United States to Mexico in January 2016.  He is alleged to have illegally reentered the United States again sometime after that time.  He was located in the United States on December 5, 2021, in Adams County, Pennsylvania, when a Pennsylvania State Police trooper charged him with public drunkenness and possession of a personal use quantity of marijuana.  Those state charges are pending.

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.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Sanchez-Flores faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Damian Smith-Birge, age 26, of Neosho, Missouri, was indicted on December 14, 2021, by a federal grand jury for making threats against the Pennsylvania State Police.

According to United States Attorney John C. Gurganus, the indictment alleges that on November 18, 2021, Smith-Birge telephoned the Pennsylvania State Police Stroudsburg barracks and made threats against law enforcement.  The indictment also alleges that during the recorded calls, Smith-Birge referenced the December 2020 officer involved shooting incident that occurred in Hamilton Township, Monroe County, Pennsylvania.  Smith-Birge was arrested in Missouri on a federal criminal complaint on November 22, 2021.

The case was investigated by the Federal Bureau of Investigation (FBI) and the Pennsylvania State Police.  Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.

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

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.

The maximum penalty under federal law for this offense is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON: The United States Attorney’s Office for the Middle District of Pennsylvania announced that Arless R. Leito, age 37, of Wilkes-Barre, Pennsylvania, was indicted on December 14, 2021, by a federal grand jury on drug trafficking and firearms charges. 

According to United States Attorney John C. Gurganus, the indictment alleges that Leito possessed with the intent to distribute methamphetamine, cocaine, heroin, and fentanyl on November 17, 2021, in Wilkes-Barre.  The indictment also alleges that Leito possessed a 9mm Beretta semi-automatic handgun during and in relation to his drug trafficking activities and after being previously convicted of a felony offense.

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

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

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.

The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances, and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rasjon Walters, age 26, of Wilkes-Barre, Pennsylvania, was indicted on December 15, 2021, by a federal grand jury for drug trafficking and firearms offenses.

According to United States Attorney John C. Gurganus, the indictment charges Walters with multiple counts of distribution of fentanyl, using and carrying a firearm during and in relation to a drug trafficking crime, and being a convicted felon in possession of a firearm between June 2021 through December 2021, in Luzerne County.

The investigation was conducted by the FBI Safe Streets Task Force, the Pennsylvania State Police, and the Wilkes-Barre Police Department. 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.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Under federal law, the drug trafficking offenses each carry a maximum sentence of twenty years in prison, a term of supervised release following imprisonment, and a fine. The charge of using and carrying a firearm during and in relation to a drug trafficking crime carries a mandatory minimum sentence of five years in prison, which must be served consecutive to any other sentence, up to a maximum sentence of life. The charge of felon in possession of a firearm carries a maximum sentence of ten years in prison.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Alvarez-Carrillo, age 65, of Columbia, Pennsylvania, was indicted on December 15, 2021 by a federal grand jury for drug trafficking.

According to U.S. Attorney John C. Gurganus, the indictment charges Alvarez-Carrillo with two counts of distribution of methamphetamine and one count of possession with intent to distribute methamphetamine. It alleged that the offenses took place in York County between April and May 2021. 

This case was investigated by the FBI and the Pennsylvania State Police.  Assistant U.S. Attorney Christian T. Haugsby 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.

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

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.

The maximum penalty under federal law for the offenses charged in the indictment is life imprisonment, a $10 million fine, and up to lifetime supervised release.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 14, 2021, Scott Lykens, age 44, of State College, Pennsylvania, was charged by criminal information for failure to pay federal income and payroll taxes.

According to United States Attorney John C. Gurganus, Lykens was the owner and operator of a medical billing company, Keystone Medical Management Solutions, Inc. (KMMS, Inc.) doing business in Centre County, Pennsylvania. The information alleges that KMMS, Inc. withheld taxes from its employees’ paychecks, including federal income taxes, Medicare and Social Security taxes (referred herein as payroll taxes) and was required to make deposits of the payroll taxes to the IRS on a periodic basis and file Employer’s Quarterly Federal Income Tax Returns.  KMMS, Inc. as an employer was required to pay the employer’s share of Social Security and Medicare taxes on behalf of its employees. It is alleged that between 2015 and 2019, Lykens failed to pay over to the IRS taxes that he had withheld from the employees of KMMS, Inc. The total unpaid tax liability was $1,044,796.

This case was investigated by the Internal Revenue Service.  Assistant U.S. Attorney Geoffrey W. MacArthur is prosecuting the case.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 13, 2021, Jonathan Olivetti, age 41, of Philadelphia, Pennsylvania, was charged by criminal information with wire fraud in connection with a scheme to obtain COVID-19 pandemic relief money he was not entitled to receive. 

According to United States Attorney John C. Gurganus, the information alleges that between June 18, 2020 and February 2021, Olivetti, a licensed attorney, applied for two Paycheck Protection Program (PPP) loans and two Economic Injury Disaster Loans (EIDL) on behalf of Olivetti Law, LLC.  Both loan programs were authorized or expanded by the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act -- a federal law enacted in March 2020 that provided emergency financial assistance to millions of Americans suffering financial difficulties from the economic impact of the COVID-19 pandemic.

With respect to the PPP loans, Olivetti allegedly made materially false representations by inflating the payroll of Olivetti Law, LLC in the on-line applications and received $41,600 based upon those false representations.  In addition, Olivetti made application for two two Economic Injury Disaster Loans (“EIDL”) which were to provide low-interest financing (including forgivable $10,000 advances) to small businesses experiencing substantial financial disruption resulting from the COVID-19 pandemic. Olivetti’s EIDL loan applications each sought approximately $62,500 on behalf of Olivetti Law, LLC.  The applications contained inflated gross receipts of Olivetti Law and ultimately were not approved by the SBA.  

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 28, 2021, Walik Skeete, age 44, of Binghamton, New York, was indicted by a federal grand jury for being a convicted felon in possession of a firearm and ammunition. The case was unsealed following Skeete’s arrest.

According to United States Attorney John C. Gurganus, the indictment alleges that on August 4, 2021, Skeete was in possession of a Beretta 9mm handgun and rounds of ammunition as a previously convicted felon.

The investigation was conducted by the Pennsylvania State Police and the Bureau of Alcohol, Tobacco and Firearms (ATF).  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.”

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Under federal law, the maximum penalty is up to ten years in prison, a term of supervised release and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Earnest Lee Pittman, Jr., age 46, of Cresco, Pennsylvania, was sentenced on December 14, 2021 to ten years’ imprisonment to be followed by five years of supervised release by United States District Court Judge Robert D. Mariani, for attempted online enticement of a minor to engage in sexual activity. 

According to United States Attorney John C. Gurganus, between August 4, 2020 and August 12, 2020, Pittman used the internet and a cellular phone to attempt to persuade someone he believed to be a 15-year-old minor to engage in sexual activity.  When he arrived for the encounter, Kingston Municipal Police officers arrested Pittman. 

The matter was investigated by the Federal Bureau of Investigation (FBI) and the Kingston Municipal Police Department. Assistant U.S. Attorney Jenny P. Roberts 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 today that licensed practical nurse (LPN) Dana Aldinger, age 55, of York, PA, was charged by criminal information with theft in connection with health care. 

According to United States Attorney John C. Gurganus, the criminal information alleges that on or about August 10, 2019, Aldinger stole and converted for personal use Oxycodone pills prescribed for a Medicare hospice patient residing at a personal care home where she was employed. 

The case was investigated by the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services, Harrisburg Field Office, and the Bureau of Narcotics Investigations (BNI) of the Pennsylvania Office of Attorney General.  Assistant U.S. Attorney Samuel S. Dalke is prosecuting the case.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for the offense charged is one year of imprisonment, a term of supervised release following imprisonment, and a $100,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jordan Reid, age 29, and Ralph Hooper, age 43, inmates at United States Penitentiary (USP Lewisburg), Lewisburg, Pennsylvania, were charged separately by criminal information with unlawfully possessing contraband in federal prison.

According to United States Attorney John C. Gurganus, the criminal informations allege that on September 29, 2021, Hooper possessed a black Android cellphone and on October 5, 2021, Reid possessed a black LG cellphone while serving their federal sentences at USP Lewisburg.  Federal law prohibits inmates from possessing cellphones due to the institutional security risks posed by their use. 

The matter is being investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation.  Special Assistant U.S. Attorney Drew O. Inman and Assistant U.S. Attorney Geoffrey W. MacArthur are prosecuting the cases.

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

A sentence following a finding of guilt is imposed by the judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for this offense is one year of imprisonment.  Under the Federal Sentencing Guidelines, the judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational, and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 9, 2021, Imhram Clarke, age 44, of Steelton, Pennsylvania was sentenced to 21 months’ imprisonment for mail fraud by U.S. District Court Judge Christopher C. Conner.

According to United States Attorney John C. Gurganus, Clarke pleaded guilty to a one-count information charging him with mail fraud on March 26, 2021.  Between July 2010 and December 2018, Clarke, working with other unnamed co-conspirators, played the role of a middleman or “money mule” in a Jamaica-based fraud scheme in which seven victims, four of whom were age 80 or older, lost around $194,723.  Clarke retained a portion of the fraud proceeds sent to him and then transferred the remaining proceeds to other fraudsters in Jamaica via Western Union or MoneyGram money transfers. 

One of Clarke's victims was a 93-year-old War II veteran from Ann Arbor, Michigan.  From November 2018 until December 2018, the victim was defrauded of about $35,000 or more through a scheme in which victims sent fraudsters money as an “advance” payment in order to redeem a promised sweepstakes prize.  This victim mailed money to Clarke’s residence in Steelton, Pennsylvania on multiple occasions, including one mailing of $5,000 in cash that was intercepted by members of the U.S. Postal Inspection Service.  

Clarke was also ordered to pay $41,838.50 in restitution and to serve a three-year term of supervised release following his prison sentence. 

The case was investigated by the United States Postal Inspection Service. Assistant U.S. Attorney Ravi Romel Sharma prosecuted the case.

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 19, 2021, Alpha Jalloh, age 48, of Norristown, Pennsylvania, was indicted by a federal grand jury on charges of trafficking in counterfeit merchandise. The indictment was unsealed following Jalloh’s arrest.

According to United States Attorney John C. Gurganus, the indictment alleges that on December 9, 2020 and February 26, 2021, Jalloh possessed and sold counterfeit designer merchandise, including Gucci, Nike/Air Jordan and Michael Kors items in Luzerne County. 

The case was investigated by Homeland Security Investigations (HSI), the Pennsylvania State Police, and the Wilkes-Barre City Police Department.  Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.

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

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.

The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Pennsylvania Commission on Crime and Delinquency was awarded funding totaling $155,117 to administer PSN grant funds in the Middle District of Pennsylvania.

The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices.

“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”

“This award of $155,117 will, in part, support an expansion of the Violent Crime Reduction Program (VCRP) which seeks to reduce firearms violence in the City of York by implementing data driven strategies to identify, deter and prosecute violent individuals in targeted areas,” said United States Attorney John C. Gurganus.  “A portion of the award will also be dedicated to the family engagement unit in York City to help the families of criminal offenders, and other at risk individuals, to maintain a law abiding lifestyle.”

“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”

In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.

This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.

PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.

For a list of all grantees, please visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FY21-Project-Safe-Neighborhoods-Awards.pdf.

Information about these and other FY 2021 grant awards from the Office of Justice Programs can be found online at the OJP Grant Awards Page.

The Office of Justice Programs provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 7, 2021, Joshair Jones, age 19, of Williamsport, Pennsylvania, was sentenced to five years’ imprisonment to be followed by three years of supervised release by Chief U.S. District Court Judge Matthew W. Brann for possession of a firearm with an obliterated serial number.

According to United States Attorney John C. Gurganus, Jones possessed the firearm between August 1 and August 16, 2020. The firearm was recovered by law enforcement on August 16, 2020, and further analysis of the weapon revealed fingerprints that were a match for Joshair Jones. 

At the sentencing hearing, the United Stated presented evidence of Jones’s involvement in a shooting that occurred on July 31, 2020, in Williamsport, along with Jones’s possession of a rifle on August 16, 2020.   The Court listened to recorded phone calls in which Joshair Jones acknowledged his role in the shooting and discussed a potential retaliatory shooting that individuals threatened would occur in a residential neighborhood in Williamsport.  The United States also played a phone call in which Jones directed another individual to bring him a semi-automatic rifle on August 16, 2020.  That rifle was recovered by law enforcement on August 19, 2020. 

In sentencing the defendant to the maximum allowed, Chief Judge Brann called Jones one of the more dangerous individuals who had come before him.

The investigation was conducted by the Pennsylvania State Police, the Williamsport Bureau of Police, the Lycoming County Narcotics Enforcement Unit, the Federal Bureau of Investigation, and the Drug Enforcement Administration.  Assistant United States Attorney Alisan V. Martin prosecuted 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.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Scranton physician, Kurt Moran, age 69, pleaded guilty before U.S. District Court Judge Robert D. Mariani to charges related to the unlawful distribution of controlled substances and engaging in a health care fraud scheme. 

According to United States Attorney John C. Gurganus, Moran pleaded guilty to the unlawful distribution of a controlled substance (Subsys), maintaining a drug-involved premises, and health care fraud.  For purposes of his guilty plea, Moran further agreed that he knowingly and intentionally distributed oxycodone and fentanyl, Schedule II controlled substances, outside the usual course of professional practice and not for legitimate medical purposes, and that the death of “J.B.” resulted from the use of the substances. 

With respect to the health care fraud scheme, between December 2014 and through 2017, Moran conspired with others to receive bribes in exchange for prescribing the drug Subsys (sublingual fentanyl) to his patients.  Subsys is a transmucosal immediate release fentanyl (TIRF) drug.  It is approved by the Food and Drug Administration (FDA) only for use in cancer patients suffering from breakthrough cancer pain.  It is alleged that a company paid Moran approximately $140,000 over a two-year period to prescribe Subsys to his patients for pain not associated with cancer.  In order to conceal and disguise that kickbacks and bribes were being paid to Moran to prescribe Subsys, the company falsely designated the payments to Moran as “honoraria” for purportedly providing educational presentations regarding Subsys.  Moran prescribed millions of micrograms of the sublingual fentanyl spray to patients with no cancer diagnosis and not suffering from breakthrough cancer pain.   

“Today at his guilty plea, Kurt Moran admitted that he ran his Scranton medical practice for the purpose of distributing high dosages of opioids outside the usual course of professional practice and not for legitimate medical purposes,” said United States Attorney John C. Gurganus.  “In illegally prescribing these highly addictive and dangerous drugs, he often did so without conducting a meaningful physical examination to verify the claimed illness or condition, and, at times without even seeing the patients -- all while knowing that such illegal practices could result in overdoses, dependence, addiction, and, in at least one case, death. We are committed to work vigorously to combat the opioid epidemic, and a key component of that effort is to prosecute rogue doctors who betray their professional obligations.”

Moran surrendered his DEA registration on September 18, 2020.  His license to practice medicine in the Commonwealth of Pennsylvania was suspended on October 7, 2020. 

As part the plea agreement entered in the case, the parties agreed to recommend that the Court impose a sentence of 144 months’ incarceration.  Moran further agreed to a forfeiture order in the amount of $134,000.

The charges stem from an investigation initiated in 2016 by the Drug Enforcement Administration (DEA) located in Scranton, the United States Postal Service – Office of Inspector General, and the Pennsylvania Attorney General’s Office.  Assistant United States Attorneys Michelle Olshefski and Michael Consiglio are prosecuting the case.

A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. 

In this case, the maximum penalty under the federal statute for the unlawful distribution of controlled substances and maintaining drug-involved premises is 20 years’ imprisonment.  The charge related to health care fraud carries a maximum sentence of 10 years’ imprisonment.  Each charge also carries a fine and a term of supervised release following any period of incarceration.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Madziarek, age 38, of Dillsburg, Pennsylvania, was sentenced to 45 months’ imprisonment on December 3, 2021, by United States District Court Judge Christopher C. Conner for unlawfully possessing a destructive device.  The sentence also includes a two-year term of supervised release, which will follow the term of imprisonment.

According to United States Attorney John C. Gurganus, Madziarek previously admitted that in August 2020, he possessed a destructive device, along with an electrical box that could have initiated the device, on a wooded property in Cumberland County.  The device, which was made out of PVC pipe, was capable of causing death, serious bodily injury, and property damage.   

The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police.  Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney Kim Douglas Daniel prosecuted the case.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Efrain Gregorio-Gonzalez, age 22, of Mexico, was indicted on December 1, 2021, by a federal grand jury with illegal re-entry into the United States by a previously deported alien. 

According to United States Attorney John C. Gurganus, Gregorio-Gonzalez was previously deported from the United States to Mexico in September 2018.  He is alleged to have illegally reentered the United States again sometime after September 2018 and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.

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.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Gregorio-Gonzalez faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lucy Annette Alexander, age 35, of Maryland and Washington, DC, was indicted on December 1, 2021, by a federal grand jury on seven counts of bank fraud for using checks in a fraudulent manner at stores located in the Middle District of Pennsylvania.

According to United States Attorney John C. Gurganus, the indictment alleges that between August 2019 and June 2021, Alexander wrote numerous checks at retail store locations, including PetSmart, Sears, Dollar Tree, Weis Markets (or Weis Pharmacy), Food Lion, MOM’s Organic Market, Giant Food, Harris Teeter, The Home Depot, Sally Beauty, Advance Auto Parts, Costco, Barnes & Noble, Hobby Lobby, BJ’s Wholesale Club, CVS Pharmacy, Party City, SHOE SHOW, Bed Bath & Beyond, Roses Discount Store, and others. It is also alleged that the JPMorgan Chase bank accounts from which Alexander wrote these checks were already closed and therefore did not have adequate funds to cover purchases at the above retail stores.  Alexander wrote over 200 checks from just one account after it was already closed.  The total amount of fraudulent checks written was over $200,000.

It’s also alleged that in May 2020, Alexander wrote and used seven checks from a Chase Bank account for a total of over $17,000, knowing that her account had insufficient funds to cover these checks. These checks were used to purchase goods at Weis Markets, Giant Food, and Roses Discount Store locations in the Middle District of Pennsylvania.

The case was investigated by the U.S. Secret Service. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.

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

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.

The maximum penalty under federal law for bank fraud is 30 years’ imprisonment. This charge may also carry a fine of up to $1,000,000 and a term of supervised release following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 1, 2021, James Henderson Bryant III, of Westminster, Maryland, was indicted by a federal grand jury for committing five bank robberies in Adams, Cumberland, and York Counties between July 19, 2021 and October 5, 2021. 

According to U.S. Attorney John C. Gurganus, the indictment alleges that Bryant robbed branches of BB&T Bank and Citizens Bank taking approximately $28,823 in total during the five robberies:  

• July 19, 2021 - BB&T Bank, Hanover, PA $3,026
• August 9, 2021 - BB&T Bank, Gettysburg, PA $8,670
• August 30, 2021 - BB&T Bank, Spring Grove, PA $8,710
• September 22, 2021 - Citizens Bank, Dillsburg, PA $6,206
• October 5, 2021 - Citizens Bank, Carlisle, PA $2,211

The indictment also alleges that Bryant used a dangerous weapon during the commission of two of the robberies. Angell Dawn Peacher, age 34, of Westminster, Maryland, was also charged with aiding and abetting Bryant’s commission of the October 5, 2021, bank robbery.

This case was investigated by the FBI.  Assistant U.S. Attorney Christian T. Haugsby 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.

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

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.

The maximum penalty under federal law for armed bank robbery is 25 years in prison and a $250,000 fine, followed by a period of supervised release following imprisonment.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dwayne Sherman, age 47, of Lancaster, Pennsylvania, was charged in an eight-count superseding indictment on December 1, 2021, by a federal grand jury on drug trafficking and money laundering charges. 

According to United States Attorney John C. Gurganus, the superseding indictment charges Sherman with one count of conspiring to distribute more than 500 grams of cocaine between October 2015 and May 2018, in the Middle District of Pennsylvania, California, and elsewhere and seven counts of money laundering.

Sherman was previously charged in October 2015 and awaiting trial in the Middle District of Pennsylvania on money laundering charges related to sending thousands of dollars in drug related proceeds to Mexico to pay for illegal controlled substances.

The case was investigated by the Internal Revenue Service, the Federal Bureau of Investigation, and the Hawthorne (California) Police Department. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.

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

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for the most serious offense is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that three inmates at Federal Correctional Institute – Schuylkill (FCI Schuylkill), Minersville, Pennsylvania, were charged separately by criminal information with unlawfully possessing a prohibited object. 

According to United States Attorney John C. Gurganus, Matthew Davis, age 42, was charged by criminal information with possessing a Samsung cellphone on September 4, 2021; 

Keon White, age 32, was charged by criminal information with possessing an LG cellphone on October 27, 2021; and Antwain Hill, age 43, was charged by criminal information with possessing a Samsung cellphone on November 4, 2021.

Under federal law, it is illegal for inmates to possess cellular phones due to the security related issues that their use by inmates presents to the institution.  

The matter is being investigated by the Federal Bureau of Prisons. Assistant United States Attorney Sean A. Camoni is prosecuting the case.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for this offense is one year of imprisonment.    Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The U.S. Attorney’s Office for the Middle District of Pennsylvania announced today that there is insufficient evidence to pursue federal criminal civil rights charges against York County Prison personnel related to the death of Everett Palmer Jr.

According to U.S. Attorney John C. Gurganus, yesterday, officials from the department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Pennsylvania notified representatives of the Palmer family to inform them of this decision. Palmer died following an emergency cell extraction after exhibiting self-injurious behavior. The medical examiner determined that his death was caused by complications following an excited state (excited delirium), associated with methamphetamine toxicity, during physical restraint.

Federal authorities examined all of the material and evidence in the State case generated by the Pennsylvania State Police and the Office of the District Attorney of York County (DAO), including statements made by corrections officers, witness statements, video recordings, medical reports, and prison policies and procedures.

The federal review sought to determine whether corrections officers violated federal law by willfully using unreasonable force against Palmer or by acting with deliberate indifference to his known medical needs. Under the applicable federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right. To establish willfulness, federal authorities must show that the officer(s) acted with the deliberate and specific intent to do something the law forbids. This is one of the highest standards of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation.

After a careful and thorough review into the facts surrounding the incident, federal investigators determined that there is insufficient evidence to prove beyond a reasonable doubt a violation of the federal statute. The evidence, when viewed as whole, is insufficient to establish beyond a reasonable doubt that the use of force by corrections officers was “objectively unreasonable” or that corrections officers acted with deliberate indifference to Palmer’s known medical needs. The evidence is also insufficient to establish that any corrections officer acted with the specific intent to break the law.

Accordingly, the investigation into this incident has been closed. This decision is limited strictly to the department’s inability to meet the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of this incident.

The Justice Department is committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 9, 2021, Daniel D. Wheeler, a/k/a “Danny Manhattan,” age 32, of Jersey City, New Jersey, was charged by a federal grand jury with drug distribution resulting in death and conspiring to do the same.  The case was unsealed following Wheeler’s arrest on November 30, 2021.

According to United States Attorney John C. Gurganus, the indictment alleges that Wheeler conspired to knowingly and intentionally distributing controlled substances, including fentanyl and heroin, within the Middle District of Pennsylvania, resulting in the death of a person.  The indictment further alleges that Wheeler aided and abetted by another, did distribute heroin and fentanyl on March 31, 2020, which led to the death of another.

The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, the Monroe County District Attorney’s Office, the Pocono Mountain Regional Police Department, and the United States Marshals Service.  Assistant United States Attorney James M. Buchanan is prosecuting the case.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and fentanyl.  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.

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.

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

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. 

In this case, the maximum penalty under the federal statute for drug distribution resulting in death is life imprisonment.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 30, 2021, Luis Mercado, age 44, of Lebanon, Pennsylvania, pled guilty before U.S. District Court Judge Sylvia H. Rambo, to wire fraud for fraudulently claiming pandemic unemployment assistance funds.

According to United States Attorney John C. Gurganus, Mercado began claiming Pandemic Unemployment Assistance in August 2020 despite being employed with the United States Department of Agriculture as a poultry inspector. Mercado falsely claimed that he was unemployed due to the pandemic or a major disaster, and he received benefits based on this false claim. Mercado reaffirmed his unemployment status on a weekly basis and ultimately received $37,555 in fraudulently obtained unemployment benefits. Mercado pleaded guilty to a single count of wire fraud based on his course of conduct.

“This investigation and prosecution should send a strong zero-tolerance message to those individuals who explicitly apply for aid to exploit taxpayer funded pandemic relief programs,” said Bethanne M. Dinkins, Special Agent in Charge, USDA-Office of Inspector General.  “We appreciate the partnership with our federal partners in pursuing this type of fraud and holding these bad actors to account in this great time of need.”

“Luis Mercado fraudulently applied for and received Pennsylvania Pandemic Unemployment Assistance (PUA) benefits,” stated Syreeta Scott, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General. “Mercado submitted weekly certifications where he falsely certified that he was unemployed due to COVID-19 while he was actively employed as a food inspector by the United States Department of Agriculture.  The U.S. Department of Labor Office of Inspector General will continue to work with the Pennsylvania Department of Labor and Industry and our federal law enforcement partners to safeguard the integrity of unemployment compensation benefits programs.”

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The case was investigated by the U.S. Department of Agriculture Office of Inspector General and the U.S. Department of Labor Office of Inspector General. Assistant U.S. Attorney Paul J. Miovas, Jr. is prosecuting the case.

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.

The maximum penalty under federal law for this offense is twenty years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 30, 2021, Ramon Tavarez-Ramirez, age 49, was sentenced to time served of eight months’ imprisonment followed by one year of supervised release, by United States District Court Judge Sylvia Rambo for illegal re-entry of a previously deported alien.

According to United States Attorney John C. Gurganus, Tavarez-Ramirez pleaded guilty to having illegally reentered the United States sometime after his last removal in February 2003 following a conviction for a felony.  In reentering the United States, Tavarez-Ramirez eluded examination or inspection by immigration officers.  He was found in Adams County on March 21, 2021, when arrested for driving under the influence by the Eastern Adams Regional Police Department. 

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.

# # #

HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brendon Rothrock, age 23, of Huntingdon, Pennsylvania, was sentenced on November 24, 2021, to 20 years’ imprisonment by United States District Court Judge Jennifer P. Wilson for receiving child pornography.  The sentence also includes a 15-year term of supervised release, which will follow the term of imprisonment.

According to United States Attorney John C. Gurganus, in February 2018, Rothrock communicated with another individual through Kik Messenger regarding the sexual exploitation of children.  Through those communications, Rothrock encouraged the other individual to sexually assault an 18-month-old girl.  The other individual complied and, at Rothrock’s request, sent Rothrock images of the assault.  Rothrock also received hundreds of additional images of child pornography.

The case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney James T. Clancy 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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WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jabin Godspower Okpako, age 36, was sentenced on November 23, 2021, to 87 months’ imprisonment by U.S. District Court Chief Judge Matthew W. Brann for conspiring to launder approximately $1.89 million in mail and wire fraud proceeds.

According to United States Attorney John C. Gurganus, Jabin Okpako and his wife, codefendant Christine Bradley Okpako, age 54, of Sayre, Pennsylvania, received approximately $1,898,046 million in proceeds from a mail and wire fraud scheme, laundered the funds through numerous bank and wire transactions in multiple states, and transferred the funds out of the United States to three separate bank accounts in Nigeria. 

The mail and wire fraud scheme sought to defraud multiple female victims throughout the United States, ranging in age from 55 to 85. The victims had visited online game, relationship and dating web sites, including Instagram, Facebook, Words with Friends, and What’s App.  The conspirators, located in the United States and West Africa, befriended the victims through interaction and exchanges of photos on the web sites via text and instant messaging. After cultivating online relationships with the victims, the conspirators fraudulently induced the victims to send and transmit funds for various fictitious reasons and purposes, including to assist a worker in Alaska who fell from a tower, to purchase an apartment in Washington, D.C., to assist the United Nations, to repair machinery and equipment on an oil drilling rig, to pay for medicine, to recover a $6 million inheritance, and to make an investment in gold.  After fraudulently inducing the victims to provide funds for these fictitious reasons, the unindicted conspirators instructed the victims to transmit checks and cash to Okpako and Bradley at their residence in Sayre, Pennsylvania. 

In sentencing Okpako, Chief Judge Brann stated that Okpako and his wife continued to transfer fraud proceeds to Nigeria even after numerous banks closed their accounts based on the suspicious and irregular nature of the transactions.  Chief Judge Brann also noted that Okpako and his wife continued to conduct money laundering transfers despite receiving a warning letter from the FBI concerning their activities.  Chief Judge Brann ordered Okpako to make restitution in the amount of $440,950 to victims and forfeit proceeds of the criminal activity.  

Christin Bradley Okpako plead guilty on March 31, 2021, to conspiracy to commit money laundering through mail and wire fraud and is awaiting sentencing.

The case was investigated by the FBI.  Assistant U.S. Attorney George J. Rocktashel prosecuted the case.   

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 22, 2021, Damian Smith-Birge, age 26, of Neosho, Missouri, was charged by criminal complaint with interstate threats and taken into custody by agents of the Federal Bureau of Investigation. 

According to United States Attorney John C. Gurganus, the affidavit to the complaint alleges that on November 18, 2021, Smith-Birge called the Pennsylvania State Police Stroudsburg barracks and made threats against law enforcement.  The affidavit also alleges that during the recorded calls, Smith-Birge referenced the December 2020 officer involved shooting incident that occurred in Hamilton Township, Monroe County, Pennsylvania.  Smith-Birge appeared before a Federal Magistrate Judge in Missouri on November 23, 2021.

The case was investigated by the Federal Bureau of Investigation (FBI) and the Pennsylvania State Police.  Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.

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

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.

The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

###

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lance Green, age 43, of Bronx, New York, was sentenced on November 19, 2021 to 235 months’ imprisonment followed by three years supervised release by United States District Court Judge Robert D. Mariani, for possession of a firearm by a convicted felon and possession of a firearm with an obliterated serial number.

According to United States Attorney John C. Gurganus, on March 18, 2021, following a four-day trial, a jury convicted Green of possessing and displaying a firearm that had an obliterated serial number during a neighbor dispute in Kingston, Pennsylvania, on October 5, 2017.

Green had previously been convicted of multiple felony offenses and was on state parole at the time of the offense. On August 17, 2020, while on federal pretrial release, Green committed and was convicted by a Lackawanna County jury of possession with intent to distribute a controlled substance. In September, Green was sentenced to 7 ½ to 15 years of imprisonment on the state offense.  Judge Mariani ordered that his federal sentence be served consecutively to the state parole violation and the Lackawanna County sentence.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kingston Police Department.  Assistant United States Attorney Jenny P. Roberts prosecuted 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.

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric Judkins, age 46, of Manchester, New Hampshire, was sentenced to 12 months and one day in prison to be followed by three years of supervised release by U.S. District Court Chief Judge Matthew W. Brann for conspiring to defraud the Internal Revenue Service (IRS).  Chief Judge Brann also ordered Judkins to pay restitution in the amount of $11,031.37 to the IRS.

According to U.S. Attorney John C. Gurganus, Judkins participated in a scheme to defraud the IRS while he was an inmate at U.S.P. Allenwood.  As part of the scheme, Judkins and others sought refunds from the IRS to which they were not entitled by submitting Form 1040EZs with false information on 80 occasions.  The conspiracy sought $108,000 from the IRS, although only a fraction of this amount was paid out before the scheme was discovered.

The case was investigated by the Internal Revenue Service.  Assistant United States Attorney Geoffrey W. MacArthur prosecuted the case.

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SCRANTON – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the Middle District of Pennsylvania three municipalities were awarded funding totaling $834,200.

“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”

“Today’s awards will strengthen three police departments in the Middle District of Pennsylvania by funding the hiring of a total of five officers who will help protect and build trust with the public,” said United States Attorney John C. Gurganus. “These grants are in high demand by law enforcement agencies nationwide and there is a highly competitive award selection process.  We are pleased to see awards granted to three of our municipalities.”     

The following municipalities in the Middle District of Pennsylvania received awards:

• Borough of Steelton - $250,000
• Tobyhanna Township - $250,000
• City of York - $334,200

CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based responses to persons in crisis. The complete list of awards can be found here.  

Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.

To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.  The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that two Harrisburg business owners, Saqueena “Queenie” Williams, age 46, of Harrisburg, Pennsylvania, and Nyree “Gram” or “Grannie” Letterlough, age 50, of Harrisburg, were convicted by a federal jury of selling cocaine and using their bar and a local business to conceal their drug trafficking. The jury trial was held this week before U.S. District Court Judge Christopher C. Conner.

According to U.S. Attorney John C. Gurganus, during the trial, the government presented evidence of a years-long investigation of the drug trafficking group, which culminated in the February 1, 2018 arrests and searches of locations under the control of Williams and Letterlough. During those sweeps, police recovered stolen guns, hundreds of grams of cocaine, crack, over $100,000 in cash, a white Bentley convertible, and other evidence.

Williams, the operator of Queenies Café, was convicted of running a drug trafficking conspiracy from 2012 to 2018. The jury also found that five kilograms of cocaine were distributed. Williams was also convicted of possessing guns in furtherance of her drug trafficking and possessing a stolen weapon. Williams also surrendered her interests in Queenies Café located in Harrisburg, as well as the liquor license and other properties.

Letterlough was also convicted of drug trafficking, possessing a gun in furtherance of drug trafficking, and possession of a stolen gun. These items were also seized during the February 1, 2018 sweep.  Letterlough also surrendered her interests in Grams Grill located in Harrisburg, and other property.

The case was investigated by the Pennsylvania State Police, the Federal Bureau of Investigation, the Harrisburg Police Department and numerous other law enforcement agencies. Assistant U.S. Attorneys Michael Consiglio and Samuel Dalke are prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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.

The maximum penalty under federal law for some of the offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Brian Olson, age 42, originally from Saint Paul, Minnesota, was sentenced on November 5, 2021, to 51 months’ imprisonment by United States District Court Chief Judge Matthew W. Brann for assault with a dangerous weapon.

According to U.S. Attorney John C. Gurganus, on May 20, 2020, while Olson was an inmate at the United States Penitentiary, Allenwood, White Deer, Pennsylvania, he attacked a fellow inmate by hitting the inmate on the head with a metal object tied inside a sock.  The victim needed three staples to close the laceration on his head. 

The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation.  Special Assistant U.S. Attorney Drew O. Inman and Assistant U.S. Attorney Geoffrey W. MacArthur prosecuted the case.

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tyrone Wayne Meachem, age 40, was sentenced on November 17, 2021, to 12 months’ imprisonment by United States District Court Chief Judge Matthew W. Brann for possessing buprenorphine in prison.

According to U.S. Attorney John C. Gurganus, in April 2018, Meachem was an inmate at the Federal Correctional Institution, Allenwood (FCI Allenwood), in White Deer, Pennsylvania.  On April 7, 2018, Jessika Ann Sanders visited Meachem at FCI Allenwood and gave him a sandwich with three balloons that held 68 Suboxone strips that contained buprenorphine, a controlled substance.  Meachem admitted to police investigators that the balloons were hidden in his sandwich.  Meachem had agreed to smuggle in the Suboxone to pay off a debt to another inmate.

Jessika Ann Sanders was charged on December 12, 2019, with conspiracy to distribute a controlled substance, distribution of a controlled substance, and providing contraband in prison.  Sanders is currently awaiting trial.

The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation.  Special Assistant U.S. Attorney Drew O. Inman and Assistant U.S. Attorney Geoffrey W. MacArthur prosecuted the case.

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 17, 2021, Mark Holmes, age 66, of Hughes Springs, Texas, was charged in a criminal information with honest services wire fraud and failing to remit employment taxes to the Internal Revenue Service (IRS).

According to United States Attorney John C. Gurganus, the information alleges that from 2014 through 2017, Holmes, as the General Manager of a Pennsylvania food services company, accepted approximately $400,000 in bribes and kickbacks from two temporary staffing companies, in exchange for their hiring employees.  The two temporary staffing companies, in turn, received approximately $7,800,000 from Holmes’s employer.

Holmes also was charged with failing to remit employment taxes to the IRS for a separate temporary staffing company, Encore Staffing Solutions LLC, that he owned and operated with other coconspirators.  From March 2018 through December 2020, Holmes and his coconspirators allegedly failed to pay approximately $135,000 in employment taxes owed by Encore Staffing Solutions LLC to the IRS.

The case was investigated by the IRS Criminal Investigations Division.  The case is being prosecuted by Assistant U.S. Attorney Phillip J. Caraballo.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for the most serious offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 16, 2021, Keith Parson, age 49, of Stroudsburg, Pennsylvania, was indicted by a federal grand jury for drug trafficking offenses.

According to United States Attorney John C. Gurganus, the indictment charges Parson with two counts of distributing heroin and fentanyl on October 25 and November 1, 2021, and one count of possession with intent to distribute heroin and fentanyl on November 10, 2021, in Monroe County. 

The matter was investigated by the Federal Bureau of Investigation and its state and local law enforcement partners in Monroe County.  Assistant United States Attorney Jeffery St John is prosecuting the case.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and fentanyl.  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.

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.

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

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.

The maximum penalty under federal law for these offenses is 20 years imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 16, 2021, Malik Adoyi, age 24, of Stroudsburg, PA, was indicted by a federal grand jury for drug trafficking and firearm offenses.

According to United States Attorney John C. Gurganus, the indictment charges Adoyi with five counts of distribution of heroin and fentanyl, one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl between July 16 and November 10, 2021, in Monroe County, and one count of being a felon in possession of a firearm on November 10, 2021.

The matter was investigated by the Federal Bureau of Investigation and its state and local law enforcement partners in Monroe County, Pennsylvania.  Assistant United States Attorney Jeffery St John is prosecuting the case.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and fentanyl.  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.

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.

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

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.

The maximum penalty under federal law for these offenses is 40 years imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 17, 2021, Hector Bienvenido Amador-Medina, age 34, was sentenced to time-served of two months and seven days followed by one year of supervised release, by United States District Court Judge Jennifer P. Wilson for illegal re-entry of a previously deported alien.

According to United States Attorney John C. Gurganus, Amador-Medina previously pleaded guilty to illegally reentering the United States sometime after his last removal in June 2018 after eluding examination or inspection by immigration officers.

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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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 3, 2021, Salvador Dionisio-Guillermo, age 42, of Mexico, was indicted by a federal grand jury with illegal re-entry into the United States by a previously deported alien. 

According to United States Attorney John C. Gurganus, Dionisio-Guillermo was previously deported from the United States to Mexico in November 2008.  He is alleged to have illegally reentered the United States again sometime after November 2008 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

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.

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

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Dionisio-Guillermo faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 16, 2021, Casian Amir Jackson-Flowers, age 21, of Pottsville, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearm offenses.

According to United States Attorney John C. Gurganus, the indictment charges Flowers with possession with intent to distribute cocaine and methamphetamine. The indictment also charges Flowers with possessing a Ruger P89 8mm pistol, with an obliterated serial number, in furtherance of a drug trafficking crime.

The matter was investigated by the Federal Bureau of Investigation (FBI), the Schuylkill County District Attorney’s Office, and the Pottsville Police Department.  Assistant United States Attorney James Buchanan is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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

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.

The maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 2, 2021, Daniel Gutman and Benjamin Gutman, both age 39 and residents of Maryland, pleaded guilty to conspiracy to defraud the United States and commit offenses against the United States before United States District Court Judge Jennifer P. Wilson.

According to United States Attorney John C. Gurganus, the United States Department of Agriculture certifies that U.S. agricultural and food products shipped to international markets meet both U.S. and foreign requirements. When it comes to dairy cattle, this process relies upon the services of USDA-accredited veterinarians and the animal exporters to whom these veterinarians provide services. Federal law requires cattle transported in interstate and foreign commerce to be tested for certain diseases prior to shipment. These diseases may include, depending on the destination, Tuberculosis, Brucellosis, Leucosis, and Bovine Viral Diarrhea, among others.

The USDA initiated an investigation of Dr. Donald Yorlets, a USDA-accredited veterinarian, several years ago. Yorlets conducts business under the name Circle Y Veterinary Services, located in New Oxford, PA. On August 31, 2020, Yorlets pleaded guilty to a one-count criminal Information charging him with conspiracy to defraud the United States. 

Daniel Gutman and Benjamin Gutman are brothers who own and operate a livestock exporting business known as Gutman Brothers Dairy Cattle (“Gutman Brothers”). Though the business is headquartered in Maryland, Gutman Brothers has a large cattle farm in Spring Grove, PA, in the Middle District of Pennsylvania.

Daniel Gutman and Benjamin Gutman are brokers of dairy cattle, both domestically and internationally. The use of false and fraudulent interstate and international health certificates—known, respectively, as Certificates of Veterinary Inspection (CVIs) and International Certificates of Veterinary Inspection (ICVIs)—allowed Gutman Brothers to acquire and quickly sell cattle from other dairy farms to customers in other states and foreign jurisdictions. In order to carry out their scheme, the Gutman Brothers needed a compliant USDA-accredited veterinarian to sign health certificates, knowing that the tests had not been appropriately conducted. For years, Dr. Yorlets played this role.

The USDA’s investigation revealed that Yorlets and the Gutman Brothers conspired to carry out a scheme to defraud the USDA and the governments of Puerto Rico and foreign countries. They did so by submitting non-authentic, bovine blood samples for the detection of disease to a USDA-accredited testing laboratory located in Harrisburg, Pennsylvania and by issuing false and fraudulent health certificates for the untested animals. In addition, Yorlets also falsely claimed in health certificates that cattle had tested negative for Bovine Tuberculosis when, in fact, the required caudal skin fold test had not been administered. Furthermore, Yorlets submitted these false and fraudulent health certificates to a USDA Veterinary Services Endorsement Office. The USDA’s endorsement of these health certificates permitted dairy cattle to be shipped in interstate and foreign commerce.

Each cow has a unique antibody profile in its blood. If all of the blood specimens submitted by Yorlets were authentic, antibody profile testing would have shown that each blood sample had a unique antibody profile. Instead, forensic testing conducted on blood samples submitted by Yorlets for Gutman Brothers shipments confirmed that over a several year period, a small percentage of blood samples—only about one in ten—were authentic. These results showed that Yorlets repeatedly submitted the same blood for different cows and issued false health certificates for hundreds of animals that were never tested.

The fraudulent disease tests, and the false and fraudulent health certificates supported by these tests, enabled the Gutman Brothers to unlawfully export untested animals to Mexico, Canada, Qatar, and Puerto Rico. These false and fraudulent certificates were also transmitted, in turn, to customers of the Gutman Brothers, who needed these certificates in order to meet import requirements in their respective countries. For example, in April 2018, Gutman Brothers exported approximately 2,900 head of cattle to a buyer in Qatar. This buyer was unaware that it was receiving dairy cattle that had not been properly tested and that the international health certificates used for this sale were fraudulent. This buyer paid Gutman Brothers over $5.3 million in U.S. currency.

Daniel and Benjamin Gutman admitted as part of their guilty pleas that they were not only aware of Yorlets’ activities; at times they also took part in the process of obtaining blood samples, knowing that those samples would be used in a fraudulent manner. Gutman Brothers also admitted to providing ear tags for the identification of dairy cattle, knowing that the ear tags would be used to falsely represent that the cattle had been disease tested prior to shipment.

In connection with their guilty plea, Daniel and Benjamin Gutman have agreed to forfeit $1,438,646.42 in U.S. currency. They must also make full restitution to all victims for the losses those victims have suffered as a result of their conduct. The specific restitution amount will be determined by the Court following a hearing, and restitution payments will be made according to a schedule to be determined by the Court. The defendants have also agreed that any information in the Government’s possession can be shared with regulatory authorities for purposes of debarment proceedings.

The case was investigated by the United States Department of Agriculture and Homeland Security Investigations. Assistant U.S. Attorneys Ravi Romel Sharma and Philip J. Caraballo are prosecuting the case. Now retired Assistant U.S. Attorney Kim Douglas Daniel previously worked on the case.

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.

The maximum penalty under federal law for criminal conspiracy is 5 years’ imprisonment. This charge may also carry a fine and a term of supervised release following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John C. Gurganus, former Chief of the Criminal Division, has been appointed United States Attorney for the Middle District of Pennsylvania effective November 17, 2021.  Mr. Gurganus was appointed by order of United States Attorney General Merrick B. Garland.  Mr. Gurganus’ interim appointment is for 120 days or until a Presidential appointment is made, whichever occurs first.

Mr. Gurganus began his legal career as a law clerk to the late Honorable Richard P. Conaboy, United States District Court Judge, Scranton, Pennsylvania.  Thereafter, he began his 33-year legal career with the United States Department of Justice. He entered the Department 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 worked 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 offenses, 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.  

Mr. Gurganus graduated from Villanova University in 1983 and received a B.A. with honors.  He 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 –Acting U.S. Attorney Bruce D. Brandler announced that the Department of Justice’s Office of Bureau of Justice Assistance (BJA) has awarded over $236,000 of the Edward Byrne Memorial Justice Assistance Grant to the City of Scranton, City of Wilkes-Barre, City of York, and Dauphin County. 

These grants are used to support activities to prevent and control crime based on local needs and conditions. Grant funds can be used for local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety.

• BJA’s grant of $36,915 to the City of Wilkes-Barre will help assign additional officers in high crime/violent crime areas in order to reduce the criminal and violent activity in those areas of the city.  Also, these funds will be used for community-based and non-community-based police officer trainings to deal with violent crimes areas of the city.  The goal is to increase public safety for citizens while reducing violence and violent crimes. 

“This JAG funding enables the Wilkes-Barre Police Department to continue with its plans to provide necessary services to the residents of the City of Wilkes-Barre with the flexibility to prioritize and place funds where they are needed the most,” said City of Wilkes-Barre’s Mayor George C. Brown. 

• BJA’s grant of $81,264 to the City of Scranton will help fund the Scranton Police Department’s forty officer part time Civil Disturbance Unit (CDU) with new equipment.  

• BJA awarded grant funds in the amount of $62,015 to the City of York.  $50,532 was allocated to the York City Police Department to help maintain its technology through the purchase of the annual subscription for Power DMS software. York City Police Department will also provide ten officers with bicycle certification training and purchase various equipment for the department.  $11,485 was allocated to York Township to fund partial expenses for Crimewatch and the Cody NIBRS reporting system. 

• BJA’s grant of $56,605 to Dauphin County will help fund the Harrisburg victim advocate and police technology project which will ensure crime victim advocates are placed in the Harrisburg City Police Department. Victim advocates will reach out to crime victims and assist throughout the victim’s time in the criminal justice system. The funds will also be used to fund expenses for Crimewatch and the Cody NIBRS reporting system.

“These grants will address the needs of local communities to fight crime, train police, and increase victim services,” stated Acting U.S. Attorney Brandler. “These are all important goals and I am pleased the Department of Justice can contribute to these worthy causes.”

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Philip Schmaldinst, age 45, of Lehigh County, Pennsylvania, was sentenced on November 10, 2021, to 120 months’ imprisonment to be followed by a five-year term of supervised release, by United States District Court Judge Malachy E. Mannion for using the internet to attempt to entice a 12-year-old minor female to engage in prohibited sex acts.  

According to Acting United States Attorney Bruce D. Brandler, on September 24, 2020, during an on-line communication with a law enforcement officer posing as the mother of a minor female, Schmaldinst agreed to pay money to the mother in exchange for receiving oral sex from the minor and having other sexual contact with the minor and then traveled to a location in Tannersville, PA for the purpose of meeting the mother and minor and paying for sex.  Schmaldinst was arrested on scene.

At sentencing, Judge Mannion also ordered Schmaldinst to comply with the Sex Offender Registration and Notification Act (SORNA).

The case was investigated by the Federal Bureau of Investigation (FBI) – Philadelphia Division and its state and local law enforcement partners in Monroe County, Pennsylvania.  Assistant United States Attorney Jeffery St. John 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 - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Adam Neftali Santana, age 37, of Chambersburg, Pennsylvania, was convicted on November 10, 2021, following a three-day trial before United States District Court Judge Jennifer P. Wilson 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 Acting United States Attorney Bruce D. Brandler, the investigation uncovered a drug trafficking operation where at least eight boxes that contained cocaine was mailed from Puerto Rico to Santana’s residence. A search warrant was then executed at Santana’s residence where authorities seized a digital scale, a Glock 9mm pistol, numerous pistol magazines and ammunition were located in the master bedroom.  Additional packaging consistent with a seized parcel was also found which indicated 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 are prosecuting the case.

Santana faces a mandatory minimum sentence of fifteen years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances, and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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.

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SCRANTON -The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 9, 2021, Jason Charles Lajoie, age 45, of Scranton, Pennsylvania, was charged by a federal grand jury on a superseding indictment with drug trafficking, firearms offenses, and escape.

According to Acting United States Attorney Bruce D. Brandler, the superseding indictment alleges that Lajoie distributed at least five grams of pure methamphetamine on multiple occasions between June 3, 2019 and February 25, 2021, and Lajoie also possessed with intent to distribute at least five grams of pure methamphetamine on February 25, 2021. It is alleged that the drug transactions occurred after Lajoie had previously been convicted and served a sentence for another serious felony drug trafficking offense. The superseding indictment also alleges that Lajoie possessed multiple firearms during and in relation to his drug trafficking activities as a previously convicted felon. Last, the superseding indictment alleges that Lajoie escaped from custody at the Lackawanna County Prison on October 24, 2021.

The case was investigated by the Federal Bureau of Investigation (FBI), the United States Marshals and the Lackawanna County District Attorney’s Office.  Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.

This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF).  OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.

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.

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

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.

The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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