FEDERAL DISTRICT ARCHIVE
Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Luzerne County Man Charged with Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 9, 2021, James Artis-Bryan, age 41, of Wilkes-Barre, Pennsylvania, was indicted by a federal grand jury on two separate drug trafficking charges.
According to Acting United States Attorney Bruce D. Brandler, one indictment alleges that in early 2020, Artis-Bryan conspired with other individuals to distribute and possess with intent to distribute over 500 grams of methamphetamine. A second indictment alleges that on August 9, 2021, Artis-Bryan possessed with the intent to distribute fentanyl and possessed a firearm in furtherance of his drug trafficking activities.
The cases were investigated by Homeland Security Investigations, the Pennsylvania Office of Attorney General, and the United States Postal Inspection Service. 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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Luzerne County Man Charged with Straw Purchase of A FirearmRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 2, 2021, Dashea Simmons, age 25, of Pittston, Pennsylvania, was charged by a federal grand jury with making false statements in connection with the purchase of a firearm from a federally licensed firearms dealer.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Simmons with providing false information regarding the purchase of a firearm from Dunkelberger’s Sports Outfitter, in Stroudsburg, Monroe County, on June 24, 2020.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Newark, New Jersey, Police Department. Assistant U.S. 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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Camp Hill Attorney Found Guilty of Obstructing JusticeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Charles W. Johnston, age 74, of Fairfax County, Virginia, was convicted on November 4, 2021, following a four-day bench trial before United States District Court Judge Jennifer P. Wilson for obstructing a United States Department of Labor (DOL) investigation to determine whether any person had violated federal laws and regulations governing the administration of a labor union pension plan.
According to Acting United States Attorney Bruce D. Brandler, Johnston previously maintained a law office in Camp Hill, Pennsylvania, and is now retired. Johnston began serving as legal counsel to the Plumbers and Pipefitters Local 520 Health and Welfare, Pension, and Annuity Plans in 1972. In 2014, DOL served a subpoena for records on the pension plan in connection with an investigation it was conducting into the pension plan’s financial activities. Johnston contacted the DOL investigator assigned to the investigation and informed him that as the attorney for the pension plan, he would be producing the records.
At trial, the Government proved that Johnston intentionally concealed and withheld from the Department of Labor emails and documents related to an internal audit of the union’s pension plan. The audit findings, which the Government established Johnston received, reported miscalculations of both pension and health and welfare benefits. When asked by DOL whether he had produced all the requested documents, Johnston lied and stated he had done so.
“Obstructing lawful government investigations into financial mismanagement by pension plans is serious criminal behavior and cannot be tolerated,” stated Acting United States Attorney Bruce D. Brandler. “When attorneys engage in this behavior it is particularly serious because attorneys hold a position of trust when representing clients and are expected to uphold the law, not violate it.”
“Charles W. Johnston Esq., attorney for the Plumbers and Pipefitters Local 520 Health and Welfare, Pension and Annuity Plans, illegally obstructed a U.S. Department of Labor, Employee Benefits Security Administration (EBSA) investigation by concealing subpoenaed documents,” said Syreeta Scott, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General. “This guilty verdict is an affirmation of our commitment to continuing to work with EBSA and our law enforcement partners to investigate those individuals who attempt to derail DOL proceedings that protect the integrity of labor unions and their affiliated benefit plans.”
“The U.S. Department of Labor, Employee Benefits Security Administration, will pursue to the fullest extent of the law those who obstruct the investigative activities of the Agency,” said Michael Schloss, Regional Director of EBSA’s Philadelphia Regional Office.
“Anyone who obstructs a federal investigation is attempting to subvert the course of justice,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “When an attorney, an officer of the court, is doing so, that’s even more egregious. The FBI and our partner agencies will always seek to hold accountable those foolish enough to try to interfere with our cases.”
The case was investigated by the U.S Department of Labor Office of Inspector General, the Federal Bureau of Investigation, and the Employee Benefits Security Administration. Assistant U.S. Attorneys Joseph Terz and Samuel Dalke are prosecuting the case.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. 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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Monroe County Man Charged with $450,000 in Covid-Relief FraudRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 2, 2021, Julian J. Levons, age 64, of Henryville, Pennsylvania, was charged in an indictment with perpetrating a wire fraud and money laundering scheme to obtain and attempt to obtain approximately $450,000 in COVID-19 relief guaranteed by the Small Business Administration through the Economic Injury Disaster Loan (EIDL) program.
The EIDL program is designed to help small businesses facing financial difficulties during the COVID-19 pandemic. Funded by the March 2020 CARES Act, EIDL funds are offered in low-interest rate loans, designated for specific business expenses, such as fixed debts, payroll, and business obligation.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that Levons obtained two EIDL loans for a combined approximate $300,000, and attempted unsuccessfully to obtain a third EIDL loan for approximately $150,000. In applying for the loans, Levons falsified revenue and expense figures for two supposed small businesses that he and his wife owned. The money was allegedly used to pay down a high interest rate line of credit for Levons’s personal expenses, and to pay off a high interest rate mortgage on a rental property, despite prohibitions on the use of EIDL funds to refinance pre-existing debt. Investigators seized over $210,000 in fraudulently obtained EIDL funds from bank accounts under his control. Levons was charged with conspiracies to commit wire fraud and money laundering, five counts of wire fraud, and three counts of illegal monetary transactions.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
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.
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 the most serious offenses are 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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Lancaster County Man Sentenced to 120 Months’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dillion Scott Schaffner, a/k/a “Trigger,” age 28, formerly of Elizabethtown, Pennsylvania, was sentenced on October 29, 2021, to 120 months’ imprisonment by United States District Court Judge Christopher C. Conner for conspiracy to distribute and possess with intent to distribute 50 grams and more of methamphetamine and 500 grams and more of a mixture and substance containing cocaine hydrochloride from August 2018 until August 2020, in York County, Pennsylvania and elsewhere.
According to Acting United States Attorney Bruce D. Brandler, a joint investigation by the Drug Enforcement Administration and the Pennsylvania State Police revealed that Schaffner was trafficking methamphetamine and cocaine in the York and Lancaster County areas. On October 17, 2019, the Lancaster County Drug Task Force executed a search warrant at Schaffner’s residence. Law enforcement seized approximately 14.38 grams of cocaine, 232.3 grams of marijuana, 67.09 grams of crystal methamphetamine, 3.75 grams of LSD, and 3.08 grams of psilocyn, drug proceeds, and two firearms.
The case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police and the Lancaster County Drug Task Force. Assistant U.S. Attorney Daryl Bloom 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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Harrisburg Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 3, 2021, Wezley Floyd, age 29, of Harrisburg, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearms charges.
According to Acting U.S. Attorney Bruce Brandler, the indictment charges Floyd with distribution of methamphetamine, possession with intent to distribute methamphetamine, brandishing a firearm in furtherance of drug trafficking, and possession of a firearm with an obliterated serial number on October 11, 2021.
The matter was investigated by the Swatara Township Police Department, the Harrisburg Police Department, and the Drug Enforcement Administration. Assistant U.S. Attorney Scott R. Ford 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 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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Previously Deported Alien Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Elmer Nahun Agustin-Arita, age 24, of Honduras, was indicted today by a federal grand jury with illegal re-entry into the United States by a previously deported alien.
According to Acting United States Attorney Bruce D. Brandler, Agustin-Arita was previously deported from the United States to Honduras 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.
Agustin-Arita 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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Perry County Man Charged with Child Pornography OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Todd Franklin Stydinger, age 40, of Elliotsburg, Pennsylvania, was indicted by a federal grand jury and charged with child pornography offenses.
According to Acting U.S. Attorney Bruce D. Brandler, the indictment charges Stydinger with attempting to produce child pornography, attempting to distribute child pornography, receiving child pornography, and possessing child pornography in Potter and Perry Counties.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Christian Haugsby is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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 combined maximum penalty under federal law for these offenses is up to 80 years’ imprisonment, a term of up to lifetime 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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Lycoming County Man Sentenced to One Year Imprisonment for Fraudulent Tax Return SchemeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeremy Baney, age 50, formerly of Lycoming County and currently an inmate at SCI Smithfield, Pennsylvania, was sentenced on November 3, 2021, to 12 months’ imprisonment by United States District Court Judge Sylvia H. Rambo for his participation in a scheme to file fraudulent federal income tax returns from state prison. Judge Rambo also ordered the 12-month sentence to run concurrent to Baney’s current state sentence.
According to Acting United States Attorney Bruce D. Brandler, Baney pled guilty to obtaining personal identification information from other SCI Smithfield state inmates and using that information to file federal income tax returns. The federal tax refunds were then deposited into local bank accounts set up by either Baney or a now deceased confederate. The false claims made to the United States amounted to $69,510 which resulted in the United States suffering a tax loss in terms of refunds amounting to $32,343. Judge Rambo ordered Baney to make restitution to the United States in the amount of $32,343.
The case was investigated by the U.S. Department of the Treasury’s Criminal Investigation Division. Assistant U.S. Attorney William A. Behe prosecuted the case.
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Harrisburg Man Sentenced to 156 Months’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joe Willie Williams, Jr., age 42, formerly of Harrisburg, Pennsylvania, was sentenced on October 29, 2021, to 156 months’ imprisonment by United States District Court Judge Christopher C. Conner for possession with intent to distribute 500 grams and more of cocaine hydrochloride and 28 grams and more of cocaine base.
According to Acting United States Attorney Bruce D. Brandler, a joint investigation by DEA and the Dauphin County Drug Taskforce revealed that Williams was trafficking cocaine in the Harrisburg area. During a vehicle stop police seized 127 grams of cocaine concealed in the vehicle Williams was driving. After obtaining a search warrant, a search of Williams’ residence on March 10, 2020 was conducted. During the search, law enforcement determined the residence to be a “stash house.” Officers located 224 grams of cocaine base (crack) packaged for sale, over four kilograms of cocaine hydrochloride (powder), a digital scale, a large quantity of United States currency, a money counter, drug packaging, cutting agents, and cookware containing cocaine residue, among other items indicative of drug trafficking.
Williams was previously convicted in 2006 before the Middle District of Pennsylvania District Court and was sentenced to 190 months’ imprisonment for his conviction of distribution and possession with intent to distribute cocaine base.
The case was investigated by the Drug Enforcement Administration and the Dauphin County Drug Task Force. Assistant U.S. Attorney Daryl Bloom 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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Former Defense Logistics Agency Supervisor Pleads Guilty to Assaulting A Subordinate EmployeeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 1, 2021, Jared B. Heisey, age 30, of Etters, Pennsylvania, pleaded guilty before United States District Court Judge Christopher C. Conner to assaulting a subordinate employee at the Naval Support Activity (NSA) in Mechanicsburg, Pennsylvania.
According to Acting United States Attorney Bruce D. Brandler, Heisey, a former Defense Logistics Agency (DLA) supervisor, admitted to assaulting a subordinate employee during work hours on August 9, 2019, at the NSA. Heisey admitted he directed the victim to accompany him to conduct an inventory count in a remote building at the NSA and when they entered the building, Heisey pinned the victim up against the wall by grabbing her neck with his hand while making sexual comments about what he would like to do to her. Heisey was subsequently terminated and is no longer employed by DLA.
“We are committed to ensuring the safety of all government employees,” stated Acting U.S. Attorney Brandler. “All employees are entitled to work in a safe and secure environment free of harassment, intimidation, and assaultive behavior.”
“Mr. Heisey committed a crime when he assaulted a subordinate employee aboard Naval Support Activity Mechanicsburg and for that he deserves to be held fully accountable,” said Special Agent in Charge Michael Wiest of the NCIS Northeast Field Office. “NCIS remains committed to investigating any and all allegations of criminal behavior that threaten Department of the Navy readiness and jeopardize the safety of military personnel aboard Department of the Navy installations.”
The case was investigated by the Naval Criminal Investigative Service (NCIS). Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.
Judge Conner ordered a pre-sentence investigation report to be completed and sentencing is scheduled for March 15, 2021.
The maximum penalty under federal law for this offense is 8 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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York Man Sentenced to 10 Years’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Travis Parker, age 41, of York County, Pennsylvania, was sentenced on October 29, 2021, to 120 months’ imprisonment by United States District Court Judge Christopher C. Conner for distributing and possessing with intent to distribute more than 28 grams of cocaine.
According to Acting United States Attorney Bruce D. Brandler, a jury convicted Parker of several drug trafficking offenses on May 5, 2021. The conviction stems from a roughly six-month investigation by the Bureau of Alcohol, Firearms, Tobacco and Explosives and the York County Drug Task Force, which focused on Parker’s drug activity in York City. Evidence at trial established that between September 2018 and January 2019, Parker sold or attempted to sell cocaine on several occasions to undercover detectives. When arrested on January 30, 2019, police discovered more than 60 grams of cocaine packaged for sale.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the York City Police Department, and the York County Drug Task Force. Assistant U.S. Attorney Johnny Baer 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.
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 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 several 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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New Jersey Man Convicted of Drug Trafficking in Connection with Largest Seizure of Methamphetamine in the History of DEA’s Philadelphia DivisionRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 29, 2021, David Jusino Ramirez, age 65, a New Jersey resident, was convicted of drug trafficking offenses after a five-day jury trial before United States District Court Judge Malachy E. Mannion.
According to Acting United States Attorney Bruce D. Brandler, the evidence presented at trial showed that Jusino Ramirez worked as a commercial truck driver who, in addition to legitimate cargo, transported illegal drugs from California to Pennsylvania as part of a drug trafficking organization that also involved Emmanual Roman-Figueroa, of Hazelton, and Julio Romero-Mancebo, of New Jersey. On October 8, 2020, Jusino Ramirez and Romero-Mancebo drove a tractor trailer carrying over 120 kilogram (approximately 264 pounds) of 100% pure crystal methamphetamine and 3 kilograms (approximately 6.6 pounds) of fentanyl from Montebello California to a truck stop near Hazelton, Pennsylvania. There they met with Roman-Figueroa and delivered the methamphetamine to him in exchange for $28,000 in cash. The three men were arrested by agents of the Drug Enforcement Administration along with officers from the Pennsylvania State Police and the Hazelton Police Department, who had tracked the shipment and observed the exchange. Investigators seized the drugs and cash, as well as an additional $9,000 from Roman-Figueroa’s residence. Hazelton PD Officers, working in conjunction with DEA investigators, had previously seized $371,000 in drug proceeds from Roman-Figueroa in July 2020.
A DEA expert witness testified at trial that the street value of the drugs seized would be in excess of $2.2 million. If the 3 kilograms of fentanyl was sold in its pure form, it would yield over 100,000 individual doses. The DEA expert testified that methamphetamine is sold in weights varying from single grams to ounce quantities, and estimated that the methamphetamine alone would amount to over $2 million on the street.
The jury returned a verdict of guilty on both counts of the superseding indictment, finding Jusino Ramirez guilty of conspiracy to distribute and possess with intent to distribute more than 500 grams of methamphetamine and more than 400 grams of fentanyl, and possession with intent to distribute more than 500 grams of methamphetamine and more than 400 grams of fentanyl. His codefendants previously pled guilty to felony drug trafficking charges and are awaiting sentencing.
Acting U.S. Attorney Bruce Brandler lauded the efforts of the DEA, Pennsylvania State Police, and Hazelton Police Department in disrupting this major, nationwide drug trafficking organization. “We hope this sends a message to traffickers that we will prosecute to the full extent of the law anybody who brings these deadly and addictive substances into our communities,” said Acting U.S. Attorney Brandler. “We will work tirelessly to safeguard our communities from drugs like crystal methamphetamine and fentanyl. With overdose deaths at record highs, successful investigations that result in these kinds of seizures and convictions save lives.”
The case was investigated by the Drug Enforcement Administration (DEA), the Pennsylvania State Police, and Hazleton Police Department. Assistant U.S. Attorneys Jenny Roberts and Sean A. Camoni 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.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Each count also carries a mandatory minimum sentence of 10 years’ 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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Justice Department Secures Settlement with Rite Aid Corporation to Make Its Online Covid-19 Vaccine Portal Accessible to Individuals with DisabilitiesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania and the Justice Department announced an Americans with Disabilities Act (ADA) settlement agreement with Rite Aid Corporation (Rite Aid) to ensure that people with disabilities can get information about COVID-19 vaccinations and book their vaccinations online. Rite Aid is a publicly owned national drug store chain with its headquarters located in Camp Hill, Pennsylvania.
According to Acting United States Attorney Bruce D. Brandler, a department compliance review discovered that individuals with vision and mobility impairments could not access a portion of Rite Aid’s website known as the COVID-19 Vaccine Registration Portal, currently located at https://www.riteaid.com/covid-19. For example, those who use screen reader software and those who have difficulty using a mouse could not successfully select a date and time for their appointment and were unable to make some “yes” or “no” selections during the appointment registration process.
Title III of the ADA requires public accommodations like drugstores and grocery stores to provide individuals with disabilities with full and equal enjoyment of goods and services. The ADA also requires public accommodations to provide effective communication with people with disabilities, including through auxiliary aids and services like accessible technology.
Under the terms of this agreement, within 30 days, Rite Aid must conform its online COVID-19 vaccine content to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA. WCAG is a set of industry guidelines for making information on websites accessible to users with disabilities. Rite Aid will also have to regularly test and quickly correct any issues with its COVID-19 Vaccine Registration Portal for the agreement’s 30-month duration.
“As technology increases, the internet is where people gain access to information about COVID-19 vaccines and schedule a vaccination appointment. Individuals with disabilities, including those with visual impairments and those who cannot use a mouse, must be given the same access to that information and the ease of scheduling appointments online,” said Acting U.S. Attorney Brandler. “Since the beginning of the fight against the COVID-19 pandemic, private companies have partnered with the United States. Today, with the help of Rite Aid, we make great strides in that continuing partnership by ensuring individuals with disabilities have the ability to schedule a COVID-19 vaccination independently and privately.”
“Equal access to healthcare is at the heart of the rights guaranteed by the Americans with Disabilities Act (ADA),” said Assistant Attorney General Kristen Clarke of the department’s Civil Rights Division. “As the nation continues its response to the COVID-19 pandemic—through booster shots, vaccinations for children under 12, and ongoing outreach to those still in need of initial doses—people with disabilities must be able to schedule potentially lifesaving vaccine appointments as easily as people without disabilities can.”
The ADA authorizes the U.S. Department of Justice and the U.S. Attorney’s Office to undertake investigations and periodic reviews of covered establishments. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. Anyone in the Middle District of Pennsylvania may also report civil rights violations to the Civil Rights Coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing usapam.civil.rights@usdoj.gov.
This case was handled jointly by Assistant United States Attorney for the Middle District of Pennsylvania Michael J. Butler, and attorneys for the Disability Rights Section of the Department’s Civil Rights Division Anne Langford and Joy Welan.
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Geisinger Community Health Services Agrees to $18 Million Civil SettlementRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Geisinger Community Health Services (GCHS) has agreed to pay $18,513,621.05 to resolve allegations of civil liability for submitting claims to Medicare for hospice and home health services that violated Medicare rules and regulations. GCHS voluntarily disclosed the violations.
According to the voluntary disclosures, between January 2012 and December 2017, through several affiliated entities, GCHS submitted claims to Medicare for hospice and home health services that violated Medicare rules and regulations regarding physician certifications of terminal illness, patient elections of hospice care, and physician face-to-face encounters with home health patients. After it discovered the problems, GCHS took corrective action and disclosed the matter to the United States Attorney’s Office.
“The $18 million payment in this matter reflects the priority healthcare providers should place on making sure they closely follow all Medicare rules and regulations,” said Acting U.S. Attorney Brandler. “Healthcare fraud remains a focus of the Department of Justice and the Affirmative Civil Enforcement Unit of the United States Attorney’s Office. I commend GCHS for taking this seriously, voluntarily disclosing these issues to our office and working to address the problems that led to these violations.”
This matter was handled by the Department of Health and Human Services (HHS), Office of Counsel to the Inspector General (OCIG), the Justice Department’s Civil Division Commercial Litigation Branch, Fraud Section, and AUSA Tamara Haken of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office for the Middle District of Pennsylvania.
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Washington D.C. Man Indicted for Unlawfully Possessing A FirearmRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Diego E. Aleman-Lozano, age 22, of Washington D.C., was indicted by a federal grand jury on October 27, 2021, with possession of a firearm and ammunition by a prohibited person.
According to Acting U.S. Attorney Bruce D. Brandler, the indictment alleges that on September 27, 2021, in York County, Aleman-Lozano was in possession of a 9mm Self Made Firearm (SMF), Polymer80 Semi-Automatic Pistol, and various rounds of ammunition as a prohibited person.
The matter was investigated by Pennsylvania State Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Paul J. Miovas, Jr. is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement 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 enforcement and the local community to develop effective, locally-based strategies to reduce 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 for possession of a firearm and ammunition by a nonimmigrant offense is 10 years of imprisonment, a term of 3 years of supervised release following imprisonment, and a $250,000 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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South Carolina Man Charged with Robbing Jewelry StoreRead the Press Release
HARRISBURG, - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 27, 2021, Christopher Demarcus Bethea, age 47, of South Carolina, was indicted by a federal grand jury for robbing a Cumberland County jewelry store.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on January 30, 2019, Bethea robbed the Kay Jewelers Store in South Middleton Township, Pennsylvania.
The case was investigated by the Federal Bureau of Investigations and the Pennsylvania State Police. Assistant U.S. Attorney Jaime Keating is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement 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 enforcement and the local community to develop effective, locally-based strategies to reduce crime.
Indictments, Criminal Informations and 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 term of incarceration of 20 years, 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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Milton Man Charged with Attempted Enticement of A Minor to Engage in Prostitution and Sexual ActivityRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Erick Donnell Metzger, age 53, of Milton, Pennsylvania, was indicted today by a federal grand jury on an attempted enticement of a minor charge.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on October 23, 2021 Metzger knowingly attempted to persuade, entice, and coerce a minor to engage in prostitution and sexual activity.
The case was investigated by the FBI. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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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Maryland Man Indicted on Firearms ChargesRead the Press Release
HARRISBURG, - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 27, 2021, Melton Montgomery, age 27, of Gwynn Oak, Maryland, was indicted by a federal grand jury for possession of a firearm by prohibited person.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that Montgomery possessed a loaded Rossi .38 caliber revolver and ammunition, as a previously convicted felon, on November 20, 2020, in Adams County.
The case was investigated by the Alcohol Tobacco and Firearms (ATF), the Adams County District Attorney’s Office and the Littlestown Borough Police Department. Assistant U.S. Attorney Jaime Keating 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, Criminal Informations and 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 10 years, 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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Lost Creek Man Charged with Attempted Enticement of A Minor to Engage in Prostitution and Sexual ActivityRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Frank A. Nork, age 47, of Lost Creek, Pennsylvania, was indicted today by a federal grand jury on an attempted enticement of a minor charge.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on October 21, 2021 Nork knowingly attempted to persuade, entice, and coerce a minor to engage in prostitution and sexual activity.
The case was investigated by the FBI. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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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Duncannon Man Charged with Attempted Enticement of A Minor to Engage in Prostitution and Sexual ActivityRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Patrick Joel Taylor, age 34, of Duncannon, Pennsylvania, was indicted today by a federal grand jury on an attempted enticement of a minor charge.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on October 23, 2021, Taylor knowingly attempted to persuade, entice, and coerce a minor to engage in prostitution and sexual activity.
The case was investigated by the FBI. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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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York Man Sentenced to over 18 Years’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 27, 2021, Brandon Orr, a/k/a “B Orr,” age 29, of York, was sentenced to 224 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for conspiring to distribute over a kilogram of heroin laced with fentanyl and five kilograms of cocaine while on federal supervision for a prior 2015 drug conviction.
The sentence consisted of 200 months’ imprisonment for the drug trafficking offenses and a consecutive sentence of 24 months’ imprisonment for violating his federal supervision from a 34-month sentence for distribution and possession with intent to distribute cocaine base, heroin and marijuana.
According to Acting United States Attorney Bruce D. Brandler, the investigation began with an overdose death in the City of York on December 2, 2017. Investigators connected the death to heroin laced with fentanyl sold by Lamar Johnson. They further determined that Luis Minier and Orr were bringing kilogram quantities of heroin and cocaine into York on a weekly basis from September 2017 until December 2017. A kilogram of heroin is the equivalent of approximately 40,000 individual doses of heroin. Police seized over 700 grams of heroin and a kilogram of cocaine during police searches in December 2017.
Coconspirators Luis Minier, a/k/a “Cito,” age 29, of York, entered a guilty plea to drug trafficking and was sentenced to 10 years’ imprisonment; Javiel Snellings, age 28, of York, entered a guilty plea to drug trafficking and was sentenced to two years of probation; and, Lamar Johnson, age 33, of York, entered a guilty plea to drug trafficking and is awaiting sentencing.
The case was investigated by the Capitol Safe Streets Task Force, which included representatives of the Federal Bureau of Investigation, the Pennsylvania State Police, the York County Drug Task Force, and Springettsbury Township Police. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
These cases are 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.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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 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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York Man Sentenced to 15 Years’ Imprisonment for Cocaine TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Barton, age 40, of York County, Pennsylvania, was sentenced on October 26, 2021, to 180 months’ imprisonment by United States District Court Judge Christopher C. Conner after Barton entered a guilty plea to conspiring to distribute more than 280 grams of crack cocaine.
According to Acting United States Attorney Bruce D. Brandler, following a roughly year-long investigation by the Bureau of Alcohol, Firearms, Tobacco and Explosives which focused on drug activity at a bar in York City, it was determined that Barton was part of a drug trafficking organization. Using an undercover federal agent, federal law enforcement purchased more than 500 grams of crack cocaine from Barton and his co-conspirators in 2019.
The following coconspirators pled guilty and are awaiting sentencing: Michael Adams, 44, Denzel Swan, 38, and Furman Dennis, 40, all of York County, Pennsylvania. Coconspirators Anthony Rankins, 40, and Dorral Basknight, 42, both of York County, are awaiting trial.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the York City Police Department, the Pennsylvania State Police, and the York County Drug Task Force. Assistant U.S. Attorney Johnny Baer 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.
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 several 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 Man Convicted of Being A Felon in Possession of A FirearmRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 26, 2021, Alfred W. Stewart, age 38, of Harrisburg, Pennsylvania, was convicted of possessing a firearm as a previously convicted felon after a two-day trial before United States District Court Judge Jennifer P. Wilson.
According to Acting United States Attorney Bruce D. Brandler, the jury returned the guilty verdict after approximately one hour of deliberation. The government established that on March 27, 2019, members of the United States Marshal Service (USMS) Fugitive Task Force executed an arrest warrant on Stewart for being a fugitive from federal supervision and for multiple violations of his federal supervised release. When the officers arrived at the Dauphin County home, they knocked on the door and spoke with a family member. This family member indicated that Stewart was home and up on the third floor. The Marshals gave commands for Stewart to come downstairs. Instead, Stewart fled out of a third-floor window. Officers outside observed him with a gun in his hand. Stewart walked back and forth between a chimney and another obstruction and put something in the chimney. Afterwards he surrendered. Police went to the basement of the house and found a Glock model 30 .45 caliber pistol in the chimney which Stewart was prohibited from possessing as a result of a prior felony conviction.
Stewart had three prior convictions for serious drug offenses:
- 2003 conviction before the Dauphin County Court of Common Pleas for unlawful distribution of a controlled substance (cocaine);
- 2003 conviction before the Dauphin County Court of Common Pleas for Possession with intent to distribute a controlled substance;
- 2010 conviction before the United States District Court for the Middle District of Pennsylvania for distribution and possession with intent to distribute a Controlled Substance (cocaine).
As a result of these three convictions, Stewart qualifies as an Armed Career Criminal and is subject to a minimum mandatory 15 year term of imprisonment.
The case was investigated by the U.S. Marshal Service, the Harrisburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Michael A. Consiglio and Sam 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.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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 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 Man Charged with Online Enticement and Receipt and Possession of Child PornographyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Adrean Lorenzano, age 22, of Scranton, Pennsylvania, was charged by a criminal complaint on October 22, 2021, for online enticement of a minor and the receipt and possession of visual depictions of minors engaging in sexually explicit conduct.
According to Acting United States Attorney, Bruce D. Brandler, the complaint alleges that Lorenzano used a facility of interstate commerce to entice a minor to engage in sexual activity. Additionally, the complaint alleges that Lorenzano received and possessed visual depiction of sexually explicit conduct and visual depictions of minors engaging in sexually explicit conduct.
The charges stem from an investigation by the Homeland Security Investigations, the Bethlehem Township Police Department, and the Scranton Police Department. Assistant United States Attorney James M. Buchanan is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
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 penalties under federal law for these offenses is life imprisonment, a mandatory minimum period of imprisonment of 10 years, 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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Two Harrisburg Men Sentenced for Drug Trafficking OffensesRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tyquann Langston, age 26, and Donza Brown, age 58, both of Harrisburg, were sentenced by U.S. District Court Judge Christopher C. Conner for selling crack cocaine, heroin, and fentanyl, and operating a drug involved premises in Harrisburg from 2019 to August 2019.
According to Acting U.S. Attorney Bruce D. Brandler, on October 22, 2021, Langston was sentenced to 10 years’ imprisonment for his role in a conspiracy to traffick crack cocaine and other drugs in Harrisburg. On October 20, 2021, Brown was sentenced to 37 months’ imprisonment for selling crack cocaine and maintaining a drug involved premises at 1621 Market Street in Harrisburg. The location was the regular subject of drug trafficking, shootings and murders. Donza Brown pled guilty to maintaining this drug involved premises and to trafficking crack cocaine from it.
Members of the conspiracy were affiliated with a music group named “Never Forget Loyalty” or “NFL.” As a part of their drug trafficking operation, the “NFL” posted videos on YouTube which were filmed in various Harrisburg locales. In the videos, members of the group brandished various weapons, flashed cash, and displayed drugs. In a yearlong investigation, ATF and local law enforcement conducted a series of searches. During these searches police recovered a machine gun, assault rifles, and various weapons with extended magazines.
Co-defendants Qushawn Brown, age 30, Wesley Garner, age 28, and Anderson Ortiz, age 22, have pled not guilty to their role in these offenses. They are scheduled for trial in December 2021. Co-defendants Jaionne Miller, age 21, Adieas Johnson, age 33, and Kaleaf Brown, age 26, all of Harrisburg, entered guilty pleas to drug trafficking and weapons offenses and their sentences are pending before the court.
The case was investigated by Bureau of Alcohol Tobacco, Firearms, and Explosives, the Harrisburg Bureau of Police, and the Pennsylvania State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Consiglio.
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.
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Lackawanna County Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 19, 2021, Douglas Richard Spencer, age 39, of Jefferson Township, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearm charges.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on June 9, 2021, in Lackawanna County, Spencer possessed with the intent to distribute over 50 grams of methamphetamine. The indictment also alleges that Spencer, a felon not permitted to possess firearms, possessed several firearms in furtherance of his drug trafficking activities.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police (PSP). Assistant United States Attorney Jeffery St John 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 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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Dentist in South Korea to Pay $100,000 to Resolve Civil Liability for Violations of the False Claims ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dr. Gina Sohn, a dentist practicing in South Korea, has agreed to pay the United States $100,000 to resolve civil liability for alleged violations of the False Claims Act.
According to Acting United States Attorney, Bruce D. Brandler, Dr. Sohn is a licensed dentist who practices in South Korea, serving U.S. military service members and their families. Between January 1, 2017 and January 1, 2021, Dr. Sohn allegedly submitted false or fraudulent claims for payment to the TRICARE Program for services not rendered to her patients, specifically for fillings not provided to patients. TRICARE is the healthcare program for uniformed service members, retirees, and their families around the world. The amount of the settlement represents the reimbursements received for the billings for unrendered services and penalties.
“Healthcare providers must be held accountable when they falsely represent the services they are providing in order to increase their profits,” said Acting U.S. Attorney Brandler. “Health care fraud is a high priority of the Department of Justice and overpayments by the government issued through programs like TRICARE contribute to the ever escalating costs of health care in the United States.”
“The special agents of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service (DCIS) are dedicated to ensuring that our military members and their dependents receive the high quality care that the TRICARE program provides for” said Stanley A. Newell, Special Agent-in-Charge of the DCIS Transnational Operations Field Office. “This settlement demonstrates that no matter where they are on the globe, those who defraud the American military and taxpayers will be brought to justice.”
This Settlement Agreement is neither an admission of liability by Dr. Sohn nor a concession by the United States that its claims are not well founded.
This matter was investigated by the Defense Criminal Investigative Service and was handled by Assistant United States Attorney, Tamara J. Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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New York Man Indicted for Armed Bank RobberyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 19, 2021, Michael Muse, age 43, of Brooklyn, New York, was indicted for armed bank robbery.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on September 16, 2021, Michael Muse, age 43, committed an armed robbery of the ESSA Bank in Middle Smithfield Township, Monroe County.
The charge against the defendant resulted from an investigation conducted by the Pennsylvania State Police and the FBI Safe Streets Task Force. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement 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 enforcement and the local community to develop effective, locally-based strategies to reduce 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, Muse faces a maximum sentence of up to twenty-five years in prison, 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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Hanover Man Sentenced to 14 Years’ Imprisonment for Distributing Child PornographyRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andrew Michael Rogers, age 39, of Hanover, Pennsylvania, was sentenced on October 19, 2021 to 14 years’ imprisonment by United States District Court Judge Jennifer P. Wilson for receiving, distributing, and attempting to distribute child pornography. Rogers was also ordered to serve 15 years of supervised release following his release from prison, and to pay $134,000 in restitution to victims.
According to Acting United States Attorney Bruce D. Brandler, Rogers previously pleaded guilty to receiving and distributing images of child pornography within Middle District of Pennsylvania and elsewhere. At the time of his arrest, Rogers was found to be in possession of more than 3,400 images of child pornography, including images of prepubescent children, and sexually explicit material involving children that depicted sadistic or masochistic conduct or other depictions of violence.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Christian T. Haugsby prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab.
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East Stroudsburg Man Sentenced to 40 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Temple, age 52, of East Stroudsburg, Pennsylvania, was sentenced on October 19, 2021, to 40 months’ imprisonment to be followed by a 4-year term of supervised release, by United States District Court Judge Malachy E. Mannion, for trafficking in fentanyl and other illegal narcotics.
According to Acting United States Attorney Bruce D. Brandler, from approximately October 2018 to October 2019, Temple conspired with others to distribute fentanyl, primarily in Monroe County. On October 3, 2019, following the execution of a search warrant at Temple’s East Stroudsburg residence, authorities seized over 90 grams of fentanyl, along with distribution quantities of cocaine, amphetamine and illegally obtained prescription pills. The 90 grams of fentanyl seized from Temple’s residence corresponds to approximately 3,600 individual doses of the potentially lethal substance.
This case was investigated by the Federal Bureau of Investigation (FBI) and its state and local law enforcement partners in Monroe County. Assistant United States Attorney Jeffery St. John prosecuted the case.
These cases are 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.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Bloomsburg Couple Plead Guilty to Committing over $430,000 Money Laundering Scheme, Including $300,000 in Covid-Relief FraudRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 18, 2021, Darryl Corradini, age 63, and Vicki Hackenberg, age 57, both of Bloomsburg, Pennsylvania, pleaded guilty before Chief District Court Judge Matthew W. Brann to conspiring to commit money laundering. The laundering activities involved hundreds of thousands of fraudulently obtained funds, including nearly $300,000 in COVID-19 relief guaranteed by the Small Business Administration through the Paycheck Protection Program (PPP).
The PPP is designed to help small businesses facing financial difficulties during the COVID-19 pandemic. Funded by the March 2020 CARES Act, PPP funds are offered in forgivable loans, provided that certain criteria are met, including use of the funds for employee payroll, mortgage interest, lease, and utilities expenses.
According to Acting U.S. Attorney Bruce D. Brandler, Corradini and Hackenberg admitted to assisting their coconspirators by creating a shell corporation, CGM Realty LLC, and opening bank accounts and a Bitcoin trading account in the corporation’s name, by using false and forged documents. Corradini and Hackenberg also assisted their conspirators in obtaining over $135,000 in fraudulently obtained funds, and over $296,000 from a PPP loan that was obtained with false and forged documentation. That documentation included false information and certifications about CGM Realty LLC’s employee payroll obligations, and intention to use the funds for approved purposes, when in fact CGM Realty LLC had no employees or legitimate business operations. Forged IRS documentation also was included with the PPP application, containing false information about CGM Realty LLC’s nonexistent payroll obligations. Over $350,000 was then used to purchase Bitcoins, a type of cryptocurrency, with Corradini and Hackenberg obtaining several thousand dollars for their efforts.
As part of their guilty pleas, Corradini and Hackenberg agreed to forfeit several checks to investigators, and to pay over $430,000 in restitution.
“COVID-19 relief fraud is a high priority for the Department of Justice and our office will continue to vigorously investigate and prosecute these offenses,” stated Acting United States Attorney Bruce D. Brandler. “These funds were intended to help people and businesses harmed by the pandemic, not to line the pockets of fraudsters. We will do everything in our power to make sure that individuals involved in this type of criminal behavior are prosecuted to the fullest extent the law allows.”
The case was investigated by the IRS, Criminal Investigations Division. The case is being prosecuted by Assistant U.S. Attorney Phillip J. Caraballo.
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.
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 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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Berwick Man Pleads Guilty to Committing over $400,000 in Covid-Relief FraudRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Hayes D. Horner, Jr., age 67, of Berwick, Pennsylvania, pleaded guilty to committing wire fraud in a scheme to obtain and attempt to obtain over $400,000 in COVID-19 relief guaranteed by the Small Business Administration through the Economic Injury Disaster Loan (EIDL) program. Horner pleaded guilty before Chief District Court Judge Matthew W. Brann on October 18, 2021, and was released pending sentencing.
The EIDL program is designed to help small businesses facing financial difficulties during the COVID-19 pandemic. Funded by the March 2020 CARES Act, EIDL funds are offered in low-interest rate loans, designated for specific business expenses, such as fixed debts, payroll, and business obligation.
According to Acting U.S. Attorney Bruce D. Brandler, Horner pleaded guilty to aiding his coconspirators in obtaining and attempting to obtain over $400,000 in EIDL funds by opening two bank accounts that received EIDL funds obtained pursuant to fraudulent loan applications made in the names of identity theft victims. Horner allegedly withdrew over $58,000 in fraudulently obtained EIDL funds, and attempted unsuccessfully to wire approximately $165,000 in fraudulently obtained EIDL funds to other accounts under his coconspirators’ control.
Investigators seized over $100,000 in fraudulently obtained EIDL funds from a bank account under Horner’s control. As part of his guilty plea, Horner agreed to forfeit those seized funds, and to repay nearly $160,000 in restitution.
“COVID-19 relief fraud is a high priority for the Department of Justice and our office will continue to vigorously investigate and prosecute these offenses,” stated Acting United States Attorney Bruce D. Brandler. “These funds were intended to help people and businesses harmed by the pandemic, not to line the pockets of fraudsters. We will do everything in our power to make sure that individuals involved in this type of criminal behavior are prosecuted to the fullest extent the law allows.”
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.
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.
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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York Man Sentenced to 15 Months’ Imprisonment for Stealing $105,875 Worth of Postage StampsRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Elieze Guilamo, age 20, of York, Pennsylvania, was sentenced today to 15 months’ imprisonment by United States District Court Judge Christopher C. Conner for conspiring to steal government property.
According to Acting United States Attorney Bruce D. Brandler, Guilamo previously pleaded guilty to conspiring with other individuals to purchase $105,875 worth of postage stamps from post offices in the Middle District of Pennsylvania and elsewhere. Guilamo admitted that to purchase the stamps, he used personal checks, knowing that the funds in his bank account were insufficient to cover the cost of the stamps. As part of his plea agreement, Guilamo agreed to pay restitution to the U.S. Postal Service in the amount of $105,875, which represents the value of the postage stamps that Guilamo and his coconspirators unlawfully obtained.
Guilamo’s codefendants, Steven Williams and Arthur Gibson, were previously sentenced to 30 months’ imprisonment and 18 months’ imprisonment, respectively.
The case was investigated by the United States Postal Inspection Service and the Northeastern Regional Police Department. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
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Pike County Man Guilty of Producing Child PornographyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 18, 2021, Jerald Ungerer, age 34, formerly of Milford, Pennsylvania, pled guilty before U.S. District Court Judge Malachy E. Mannion to production of child pornography.
According to Acting United States Attorney, Bruce D. Brandler, Ungerer admitted to producing multiple videos and images of minors engaged in sexually explicit conduct.
The charges stem from an investigation conducted by the Federal Bureau of Investigation, the Pennsylvania State Police and the Northeast Computer Crimes Task Force. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched 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."
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 charge carries a mandatory minimum penalty of 15 years’ imprisonment, up to a maximum penalty of 30 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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Federal and Local Law Enforcement Agencies Announce Operation Scarecrow- HarrisburgRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Harrisburg Police Bureau announced a joint initiative (Operation Scarecrow - Harrisburg) that targets individuals who illegally purchase and possess firearms in Harrisburg and surrounding areas. Operation Scarecrow focuses on individuals who are prohibited from possessing firearms due to a prior felony conviction who use third parties (“straw parties”) to purchase firearms on their behalf. Under federal and state law, such transactions are illegal and both the prohibited person and the straw party are subject to criminal prosecution for engaging in this type of behavior.
Operation Scarecrow - Harrisburg began in April 2021 and has thus far resulted in ten individuals being charged in federal court regarding 139 straw purchases of firearms, and 26 firearms being recovered.
U.S. v. Holton, et. al.
- Jamia Philecia Holton, age 22, Harrisburg, PA, charged with conspiracy to make false statements during the purchase of a firearm;
- Shadaya Nakeyma Jackson, age 30, York, PA, charged with conspiracy to make false statements during the purchase of a firearms;
- Tykeam Markel Jackson, age 26, York, PA and Boston, MA, charged with conspiracy to make false statements during the purchase of firearms, unlawful possession of firearm by prohibited person, and two counts of false statement during the purchase of a firearm;
- 53 guns straw purchased;
- 10 additional attempted straw purchases
- 5 recovered.
U.S. v. Tasker, et. al.
- Dontrece Tasker, age 22, Harrisburg, PA, charged with conspiracy to deal in firearms without a license and false statement during purchase of a firearm;
- Yahmir Miller-Holmes, age 22, Harrisburg, PA, charged with conspiracy to deal in firearms without a license;
- Khyree Randolph, age 20, Harrisburg, PA, charged with conspiracy to deal in firearms without a license;
- Anthony Braxton, age 22, Harrisburg, PA, charged with conspiracy to deal in firearms without a license;
- 33 guns straw purchased;
- 10 recovered.
U.S. v. Lugo-Brooks
- Destynee Lugo-Brooks, age 23, Harrisburg, PA, charged with three counts of false statement during purchase of a firearm;
- 6 guns straw purchased;
- 5 recovered.
U.S. v. Bailey
- Darar Bailey, age 25, Newark, NJ, charged with six counts of false statement during purchase of a firearm;
- 22 guns straw purchased;
- 0 recovered.
U.S. v. Adorno
- Jose Ramon Adorno, Jr., age 25, Harrisburg, PA, charged with engaging in the unlawful business of dealing in firearms;
- 25 guns straw purchased;
- 6 recovered.
The investigations are continuing, and numerous other individuals are expected to be charged in the near future.
“Taking illegal guns off the streets is a high priority of the Department of Justice,” stated Acting United States Attorney Bruce D. Brandler. “Illegal guns fuel the epidemic of violence we see too often in Harrisburg, and around the nation. We will work with all our state and local partners to reduce gun violence and investigate any and all suspicious straw party transactions that result in felons or other prohibited persons illegally possessing firearms.”
“ATF has a zero-tolerance policy for straw purchasers who acquire firearms from a federal firearms licensee for someone who is either ineligible to purchase a firearm or wishes to conceal his/her identity,” said Matthew Varisco, Special Agent in Charge of ATF’s Philadelphia Field Division. “ATF remains committed to removing those offenders who put these guns in the hands of criminals. We will continue to work with our partners at all levels to make our communities safer.”
“The City of Harrisburg is working diligently to ensure that the safety of its residents is a priority,” said Mayor Papenfuse. “The Police Bureau’s collaboration with ATF on Operation Scarecrow is an important step in making the City streets safer.”
The indictments are the result of an investigation by ATF, and the Harrisburg Bureau of Police.
These cases are 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.
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Kingston Man Charged with Firearms OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 15, 2021, Ahmyr Younger, age 19, of Kingston, Pennsylvania, was charged by felony information with illegally possessing a firearm.
According to Acting United States Attorney Bruce D. Brandler, the information alleges that on June 30, 2021, in Luzerne County, Younger possessed a Jimenez Arms 9mm handgun, but was prohibited by law to possess firearms.
The case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the Newark, New Jersey Police Department, and the Kingston Police Department. Assistant U.S. Attorney Sean A. Camoni 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.”
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 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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USP Allenwood Inmate Charged with Possession A WeaponRead the Press Release
WILLIAMSPORT –The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday Alfonso Algeria, age 39, an inmate at the United States Penitentiary Allenwood (USP Allenwood) was indicted by the federal grand jury for possessing a weapon in prison.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges that on September 4, 2021, while an inmate at USP Allenwood, Algeria possessed an approximately 7 1/2-inch long piece of wood, sharpened to a point and wrapped with tape and cord to form a hand grip and lanyard, concealed within his rectal cavity.
This case was investigated by the federal Bureau of Prisons and the FBI. Assistant United States Attorney George J. Rocktashel 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.
Algeria faces a maximum term of 5 years’ imprisonment on the single count of the indictment, a fine of up to $250,000, and a maximum term of supervised release of three years. 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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USP Allenwood Inmate Charged with Possessing A Weapon and Threatening A Law Enforcement OfficerRead the Press Release
WILLIAMSPORT –The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ronald Rogers, age 31, an inmate at the United States Penitentiary Allenwood (USP Allenwood) was indicted by the federal grand jury for possessing a weapon in prison and threatening to assault and murder a law enforcement officer.
According to Acting United States Attorney Bruce D. Brandler, the two-count indictment charges that on April 13, 2021, while an inmate at USP Allenwood, Rogers possessed a piece of plastic-like material with a metal screw sharpened to a point, measuring approximately 6-inches in length. The indictment also charges Rogers with threatening to assault and murder a correctional officer following the recovery of the weapon.
This case was investigated by the federal Bureau of Prisons and the FBI. Assistant United States Attorney George J. Rocktashel 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.
Algeria faces a total maximum term of 15 years’ imprisonment on both counts of the indictment, a fine of up to $500,000 on both counts, and a maximum term of supervised release of three years on each count. 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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North Carolina Man Indicted for Drug TraffickingRead the Press Release
WILLIAMSPORT -The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 14, 2021, Jelani Lee, of Durham, North Carolina was indicted yesterday by a federal grand jury for methamphetamine distribution.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on multiple occasions in July 2021, Lee sold methamphetamine to others in Wyoming and Luzerne counties.
The case was investigated by the Federal Bureau of Investigation and Pennsylvania State Police. Assistant U.S. Attorney Geoffrey W. MacArthur 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 count 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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El Salvador Man Indicted for Possession of Fraudulent Immigration DocumentsRead the Press Release
WILLIAMSPORT -The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 14, 2021, Carlos Zavala Zamora, age 40, of El Salvador was indicted by a federal grand jury on one count of possessing fraudulent immigration documents.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that in September 2021, Zamora Zavala was arrested in Bloomsburg, PA, by agents of the Department of Homeland Security after being found in possession of a counterfeit Permanent Resident Card and counterfeit Social Security card.
The case was investigated by the Immigrations and Customs Enforcement section of the Department of Homeland Security. Assistant U.S. Attorney Geoffrey W. MacArthur 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 count 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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Texas Woman Sentenced to over Four Years’ Imprisonment for Fraud OffensesRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shannon Gray, age 41, of Houston, Texas, was sentenced today to 51 months’ imprisonment by United States District Court Judge Jennifer P. Wilson for bank fraud and aggravated identity theft.
According to Acting United States Attorney Bruce D. Brandler, Gray previously admitted that in September 2019, she purchased approximately $50,000 in postage stamps from post offices in Pennsylvania, Kentucky, and West Virginia by using personal checks that were not hers and that she was not authorized to use. Gray was arrested on September 13, 2019, outside of the post office in Mountville, Pennsylvania, after she attempted to purchase $935 in stamps using a fraudulent check. Gray was also ordered to pay $48,610.91 in restitution.
The case was investigated by the United States Postal Inspection Service and the West Hempfield Township Police Department. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
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Acting United States Attorney Bruce D. Brandler Thanks WVIA for Producing “A Call to Care”Read the Press Release
HARRISBURG – WVIA will premiere the original documentary film “A Call to CARE” on Thursday, October 14th, at 8 p.m. on WVIA TV. WVIA is the PBS and NPR affiliate serving over 22 counties in northeastern and central Pennsylvania and encores of the documentary will air on Friday, October 15th, at 1 p.m., Sunday, October 17th, at 12:30p.m., Thursday October 21st, at 9 p.m., and Friday, October 22nd, at 2 p.m. In addition, it will also be available to watch on-demand at WVIA.org and on the PBS and WVIA Apps after the broadcast premiere.
“A Call to CARE” is a one-hour original documentary film produced by WVIA that explores the Court-Assisted Re-Entry (CARE) Program that exists in the United States District Court for the Middle District of Pennsylvania. The Middle District’s CARE program is designed to help individuals released from prison avoid a devastating relapse into criminal behavior. As described by WVIA, “the documentary chronicles the program’s comprehensive rehabilitative process and celebrates its healing resonance in the community.”
“The Middle District’s CARE program was one of the first re-entry programs to operate in the federal system and represents one of the most important initiatives of the Department of Justice,” stated Acting United States Attorney Bruce D. Brandler. “Re-entry programs are not just a matter of public safety-it’s also an issue of housing and health care; a question of education and employment; and a family challenge that affects millions across the country every year. Since 2009 we have proudly participated in CARE along with many others in the federal judiciary, the Federal Public Defender’s Office, and the U.S. Probation Office. Numerous private individuals and private organizations have also devoted significant time and money to implement ground-breaking public-private partnerships to provide participants with access to a range of otherwise unavailable resources. We are gratified that WVIA has dedicated its resources to chronicle our efforts and the numerous successful outcomes that have resulted. I want to thank all those who played a part in producing this remarkable documentary and I also want to express my appreciation to all the private individuals and private organizations who have contributed to the program’s success over the years.”
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Department of Justice Awards over $270,000 to “Pa Coalitions Against Rape and Domestic Violence” to Combat Sexual Assault and Domestic ViolenceRead the Press Release
HARISBURG –Acting U.S. Attorney Bruce D. Brandler announced that the Department of Justice’s Office of Violence Against Women (OVW) has awarded $172,076 to “PA Coalition Against Rape,” located in Enola, Pennsylvania, to help combat sexual assault, and $98,706 to “PA Coalition Against Domestic Violence,” located in Harrisburg, Pennsylvania, to help combat domestic violence.
OVW’s grant to “PA Coalition Against Rape” (PCAR) will build on and sustain on PCAR’s prior efforts to enhance services to under and unserved communities impacted by sexual harassment, abuse, and assault. Funding from this grant helps support local efforts to improve services and infrastructure to better serve all members of communities impacted by sexual violence. The grant also supports internal workgroups, staff learning opportunities, ongoing technical assistance, and collaboration with network of rape crisis centers and statewide partners. This funding affords PCAR the opportunity to build internal racial justice and language access work by continuing to work in partnership with culturally specific organizations.
OVW’s grant to “PA Coalition Against Domestic Violence” (PCADV) is foundational to continuing to support and grow PCADV’s primary initiatives that support the core of its mission. The funding allows for sustainability of key training and technical assistance, and public awareness activities that support core initiatives at the statewide and local levels. The initiatives include:
- Impact of domestic violence on children;
- Intimate partner violence in later life (IPVILL);
- Helping underserved populations;
- Providing safe housing;
- Ending abuse in the LGBTQ+ community;
- Economic justice and empowerment;
- The intersection of domestic violence and animal abuse;
- Lethality Assessment Program (LAP);
- Civil Legal Representation (CLR); and
- Medical Advocacy.
“The awards we are making this year will touch the lives of millions of survivors of violence and help our nation end these devastating crimes,” said Allison Randall, OVW Acting Director. “OVW is proud to be the leading federal voice in the country’s fight against sexual and domestic violence.”
“This funding provides the Coalition with important support of its infrastructure, which is rare but extremely necessary to ensure PCAR has the capacity to provide support for local sexual assault services programs,” stated COO Joyce Lukima.
“The DOJ OVW State Coalition grant funding is essential for sustaining our fundamental projects,” said Susan Higginbotham, CEO, PCADV. “It funds state-level training and technical assistance for intersectional initiatives and resources that enable our local programs to serve more survivors, especially those in underserved communities.”
OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
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York Man Convicted of Drug-Trafficking and Firearms OffensesRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric Banks, age 41, of York, Pennsylvania, was convicted on October 8, 2021, following a four-day jury trial held before United States District Court Judge Jennifer P. Wilson of conspiracy to distribute heroin, possession with intent to distribute fentanyl, crack cocaine, and powder cocaine, possession of firearms in furtherance of drug trafficking, and possession of firearms as a previously convicted felon.
According to Acting United States Attorney Bruce D. Brandler, Banks distributed significant quantities of heroin, fentanyl, crack cocaine, and powder cocaine in the York area in 2017 and 2018. In January 2018, during the execution of a search warrant at Banks’ York residence, law enforcement recovered drugs, drug-packaging materials, and three loaded handguns. Two of the handguns had been reported stolen.
The case was investigated by the Federal Bureau of Investigation and the York County Drug Task Force. Assistant U.S. Attorneys Carlo D. Marchioli and Christian T. Haugsby are prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.”
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 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.
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 imprisonment for life, 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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Pittston Man Sentenced to Prison for Failing to Pay TaxesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that John T. Stuchkus, age 59, of Pittston, Pennsylvania was sentenced yesterday to 18 months’ imprisonment by U.S. District Court Judge Robert D. Mariani, for failing to pay federal income and payroll taxes.
According to Acting United States Attorney Bruce D. Brandler, Stuchkus is the owner and operator of The Chicken Coop, a restaurant located in Wilkes-Barre, Pennsylvania. The Chicken Coop employed several people during tax years 2013 through 2017. Although Stuchkus deducted and collected F.I.C.A. and other taxes from his employee’s payroll checks, Stuchkus failed to pay the collected taxes to the United States as required by law. Stuchkus also paid employees cash “under the table” and failed to withhold federal employment and F.I.C.A. taxes. Stuchkus was ordered to pay $397,406.91 in restitution, representing the tax loss to the United States.
The case was investigated by the IRS and Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.
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Former West Hazleton Police Chief Sentenced to Two Months’ Imprisonment for Civil Rights ViolationRead the Press Release
WILKES-BARRE- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Buglio, age 46, of Lattimer Mines, Pennsylvania, was sentenced by United States Magistrate Judge Joseph F. Saporito, Jr., to two months of imprisonment and a one-year term of supervised release that includes four months of home confinement.
According to Acting United States Bruce D. Brandler, Buglio, the former Chief of Police for the West Hazleton Police Department, pleaded guilty to a deprivation of civil rights, after he threatened a private citizen with felony criminal charges, in retaliation for social media posts created by the private citizen that were critical of Buglio and of the West Hazleton Police Department.
In pronouncing the sentence, Judge Saporito deemed Buglio’s actions an “abuse of power” when he threatened to use the criminal justice system to further his own personal interests. In addition to the term of imprisonment and supervised release, Judge Saporito also ordered Buglio to pay a $5,000 fine.
The case was investigated by the Scranton Federal Bureau of Investigation’s Public Corruption Task Force, which consists of members of the Pennsylvania State Police and the Pennsylvania Attorney General’s Office, and federal agents from the FBI and Internal Revenue Service. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
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Wayne County Man Charged with Enticement of A MinorRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 1, 2021, Michael Jacob Walczyk, age 41, of Beach Lake, Pennsylvania, was charged by a criminal information with enticement of a minor.
According to Acting United States Attorney Bruce D. Brandler, the information alleges that between July 10, 2019 and September 2020, Walczyk knowingly persuaded, induced, enticed, and coerced a victim under the age of 18 to engage in sexual activity for the purposes of producing child pornography.
The case was investigated by the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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 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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“The Prescription Center” to Pay $57,073 in Civil Penalties for Recordkeeping Violations of the Controlled Substances ActRead the Press Release
HARRISBURG —The United States Attorney’s Office for the Middle District of Pennsylvania announced that “The Prescription Center,” located in Scranton, Pennsylvania, has agreed to pay the United States $57,073 in civil penalties for allegedly failing to comply with recordkeeping requirements of the Controlled Substances Act.
The Controlled Substances Act, 21 U.S.C. sections 801 et seq. (CSA), was passed to combat illegal distribution and abuse of controlled substances, including prescription medications. The CSA’s recordkeeping and prescribing requirements are designed to prevent the diversion of controlled substances for illegal purposes. The CSA is enforced by the Drug Enforcement Administration’s Diversion Control Division, whose mission is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs. Under the CSA, entities registered with the DEA who purchase, distribute, dispense, transfer, or sell controlled substances must comply with inventory and documentation requirements, and are subject to compliance audits.
Regulations promulgated under the CSA require that each DEA registrant, including pharmacies, maintain complete and accurate records of each substance manufactured, received, sold, delivered, dispensed, or otherwise disposed of by the registrant. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances. Violations of the record-keeping requirements subject DEA registrants to civil monetary penalties.
According to Acting United States Attorney Bruce D. Brandler, between March 2020 and March 2021, “The Prescription Center” failed to keep complete, timely, and accurate inventories and records regarding the receipt and dispensing of Schedule II, III, and IV controlled substances, including but not limited to hydrocodone, buprenorphine-naloxone, and alprazolam. As a result of the Center’s alleged actions and inactions, thousands of doses of controlled substances went unaccounted for.
The present civil investigation was prompted by a scheduled DEA audit in March 2021. “The Prescription Center” cooperated with the investigators and has since enhanced its recordkeeping and internal compliance program in response to concerns raised by the DEA in the course of this investigation. Although there are no allegations that any of the alleged unaccounted for controlled substances were diverted, this settlement addresses the independent obligation of “The Prescription Center” to ensure it has systems in place adequate to prevent improper dispensing, as required by 21 U.S.C. §§ 827, 842, and associated regulations.
“While no known actual diversion took place in this instance, pharmacies have a crucial responsibility to protect controlled substances from being diverted and potentially abused. Our nation remains in the midst of an opioid crisis, and the importance of keeping complete and accurate records of incoming and outgoing controlled substances at the pharmacy level cannot be overstated,” said Acting U.S. Attorney Brandler. “I commend the owners of “The Prescription Center” for taking this responsibility seriously and being proactive in this investigation to strengthen their systems and processes to protect their legitimate dispensing from diversion.”
This Settlement Agreement is neither an admission of liability by the pharmacy nor a concession by the United States that its claims are not well founded.
This case was investigated by Drug Enforcement Administration’s Diversion Control Division. The investigation was handled by Assistant United States Attorney, Harlan W. Glasser and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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Certified Registered Nurse Practitioner to Pay $21,000 to Resolve Civil Liability for Alleged Violations of the False Claims ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Certified Registered Nurse Practitioner (CRNP) Kate Cordisco, has agreed to pay the United States $21,000 to resolve civil liability for alleged violations of the False Claims Act.
According to Acting United States Attorney, Bruce D. Brandler, between August 2018 and April 2019, Ms. Cordisco accepted consultation fees for ordering Durable Medical Equipment (DME) for patients with whom she did not have an established provider-patient relationship. She attested to the medical necessity of the orders for pre-selected products without any physical examination of the patients. In many instances, Ms. Cordisco had no interaction at all with the patients, and in some instances she had only a brief phone call. By approving and signing orders for medically unnecessary DME such as knee braces in exchange for a small fee per patient from a third-party marketing company, Ms. Cordisco played a key role in a larger telemedicine scheme that resulted in Medicare paying hundreds of thousands of dollars to DME companies for unnecessary medical equipment.
“While telemedicine can result in efficient and accurate patient care when practiced correctly, if providers are willing to jettison their professional responsibilities and accept small consultation fees from marketing companies to sign off on medically unnecessary orders for expensive DME, the healthcare system as a whole becomes compromised,” said Acting U.S. Attorney Brandler, “When providers in MDPA choose to engage in this conduct and facilitate these fraudulent schemes in this manner, they will be held accountable.”
This Settlement Agreement is neither an admission of liability by Ms. Cordisco nor a concession by the United States that its claims are not well founded.
The investigation was handled by Assistant United States Attorney, Tamara J. Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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