Middle District of Pennsylvania

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 19, 2021, Edward McCreath, age 35, of New Cumberland, Pennsylvania, was indicted by a federal grand jury with possession with the intent to distribute crack cocaine. 

According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on or about July 17, 2018, in Dauphin County, McCreath possessed with intent to distribute 28 grams and more of a mixture and substance containing a detectable amount of cocaine base (crack).

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

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

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

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

McCreath faces a maximum penalty of up to 40 years’ imprisonment, a fine of up to $5,000,000, and a term of supervised release of up to life.  Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offenses; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 19, 2021, Jorge Roque, Jr., age 34, of Lebanon, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearms offenses.

According to Acting United States Attorney Bruce D. Brandler, the indictment charges Roque with possession with the intent to distribute cocaine, methamphetamine, and heroin on or about December 19, 2020, in Lebanon County. The indictment also charges Roque with being in possession of a firearm in furtherance of drug trafficking, and with possession of a firearm by a convicted felon.   

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

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

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

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

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

Upon conviction, Roque faces a maximum penalty of up to life imprisonment, a fine of up to $1,000,000, and a term of supervised release of up to life.  Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offenses; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 11, 2021, Brian Larry, age 59, of Clark’s Summit, Pennsylvania, was convicted following a seven-day jury trial held before United States District Court Judge Malachy E. Mannion of mail fraud, wire fraud, aggravated identity theft, and false statement offenses. 

According to Acting United States Attorney Bruce D. Brandler, Larry was charged with defrauding his former employer, a Wilkes-Barre based automobile warranty company, from approximately January 2014 through October 2018.  Larry was convicted of stealing the personal information of warranty policy owners and providing it to his coconspirators, who created false invoices for nonexistent automobile repair work supposedly performed at various garages in Rhode Island, Massachusetts, and Pennsylvania, including by forging the policy owners’ signatures on the paperwork.  The false and forged documentation was then sent to the warranty company, where Larry approved payment of the invoices.  During the course of the scheme, Larry and his coconspirators obtained approximately $400,000 paid out by the warranty company pursuant to the false invoices, including thousands of dollars in repair work for Larry’s personal vehicle that he charged to other policy owners.  The evidence at trial showed that Larry then falsified internal warranty company documents in an attempt to conceal his crimes.

The jury returned a guilty verdict after approximately two hours of deliberation.  Larry was convicted of every count in his indictment: one count of conspiring to commit mail fraud and wire fraud; four counts of wire fraud, two counts of mail fraud; five counts of aggravated identity theft; and one count of making a false statement to the FBI when he denied receiving cash kickbacks in exchange for his participation in the scheme.

Three of Larry’s coconspirators previously pleaded guilty in connection with the scheme, and are awaiting sentencing:

1. Matthew Gershkoff, age 64, of North Providence, Rhode Island, pleaded guilty to conspiring to commit wire fraud, and to aggravated identity theft, and is awaiting sentencing.  Gershkoff was convicted of preparing false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts, and for forging policy owners’ signatures.  Gershkoff pleaded guilty on May 18, 2020, to causing between $250,000 and $550,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and has agreed to repay restitution.
2. Jason Pannone, age 39, of North Providence, Rhode Island, pleaded guilty to conspiring to commit wire fraud and mail fraud, and to aggravated identity theft, and is awaiting sentencing.  Pannone was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, Platinum Auto Services, and through a North Attleboro, Massachusetts automobile repair shop, Ultra Auto Services.  Pannone pleaded guilty on March 23, 2021, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and he has agreed to repay over $128,000 in restitution.
3. Herman Cabral, age 62, of Cranston, Rhode Island, pleaded guilty to conspiring to commit wire fraud.  Cabral was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile repair shop, A Plus Collision Center.  Cabral pleaded guilty on July 23, 2019, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and he has agreed to repay over $211,000 in restitution.        

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

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

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

# # #

HARRISBURG - In honor of National Police Week, Acting U.S. Attorney Bruce D. Brandler recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement.  This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021. 

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

“There is no harder job in America today than being a police officer and these dedicated public servants deserve our admiration and gratitude,” stated Acting United States Attorney Brandler. “Every time a police officer puts on his or her uniform they put their lives at risk.  No other profession requires that type of personal sacrifice and courage. On behalf of the United States Attorney’s Office, I want to express my sincere appreciation for everything they do to make our communities safer.”

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.  

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.

During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored.  Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19. Here in the Middle District of Pennsylvania, two officers died in the line of duty.

Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020.  LEOKA statistics can be found on FBI’s Crime Data Explorer website.  

The names of the 394 fallen officers, including two officers from the Middle District of Pennsylvania, who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 pm EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.

Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.   

To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.

###

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on May 4, 2021, Joshua Keller, age 30, of Pottsville, Pennsylvania, was sentenced to one year and one day imprisonment followed by a two-year term of supervised release by U.S. District Court Judge Robert D. Mariani, for destruction of government property and lying during the purchase of a firearm.  Judge Mariani also ordered Keller to pay $39,393 in restitution. 

According to Acting U.S. Attorney Bruce D. Brandler, Keller had pled guilty to one count of destruction of government property and one count of lying during the purchase of a firearm. While under the influence of methamphetamine, Keller vandalized two GSA vehicles in a Virginia parking lot by repeatedly striking them with a tire iron and spraying down the inside of the vehicles with a fire extinguisher. In a separate incident, Keller purchased a firearm for an individual in exchange for methamphetamine.

The case was investigated by the GSA Office of Inspector General.  Assistant United States Attorney Scott R. Ford prosecuted the case.

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 30, 2021, Raymond Howard, age 46, of Williamsport, Pennsylvania, was sentenced sentenced to 300 months' imprisonment followed by a four-year term of supervised release by U.S. District Court Judge Matthew W. Brann for drug trafficking. 

According to Acting U.S. Attorney Bruce D. Brandler, Howard was found guilty after a five-day jury trial in October 2020 to conspiring to distribute heroin and a mixture of heroin and carfentanil. During a three-day period in June 2017, there was a rash of drug overdoses in Williamsport.  At the time, UPMC Susquehanna in Williamsport and Wellsboro rpoerted treating 51 such cases within a 48-hour period. 

Howard was determined to be the source of the carfentanil-laced heroin that led to the overdoses.  In total, three co-conspirators identified on the indictment, Wayne Davidson, Nathan Crowder, and Markeese Askew, were charged with delivering the mixture of heroin and carfentanil that resulted in serious bodily injury to eight individuals.  The three co-conspirators were previously sentenced after pleading guilty in October 2020.  Davidson and Crowder were sentenced to 210 months’ imprisonment in March 2021 and Askew was sentenced to 192 months’ imprisonment in April 2021. 

“The 25 year sentence imposed on Howard, and the substantial sentences imposed on his coconspirators, not only reflects the seriousness of these offenses but also the commitment of our office to aggressively prosecute all opioid related offenses,” stated Acting U.S. Attorney Brandler. “When these overdoses occurred in 2017, we decided to take whatever steps were necessary to make sure the responsible individuals were brought to justice. I want to thank all the law enforcement agents and prosecutors who tirelessly worked to accomplish that goal.”

The case was investigated by the Lycoming County District Attorney’s Office Narcotics Enforcement Unit, Montoursville Police Department, Old Lycoming Township Police Department, South Williamsport Police Department, Williamsport Bureau of Police, Pennsylvania State Police and the Federal Bureau of Investigation.  Assistant United States Attorneys Alisan V. Martin and Geoffrey W. MacArthur prosecuted 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. This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 

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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 28, 2021, James Patterson, age 40, of Harrisburg, Pennsylvania, was indicted by a federal grand jury with possession of a firearm as a convicted felon.    

According to Acting U.S. Attorney Bruce D. Brandler, the indictment alleges that on October 8, 2020, in Dauphin County, Pennsylvania, Patterson was in possession of a Charter Arms .38 caliber handgun and three rounds of ammunition after previously having been convicted of a felony offense.

The matter was investigated by the Harrisburg Police Department’s Street Crimes Unit and the Community Policing Unit, along with 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 this 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.

# # #

SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 27, 2021, Michael Jones, Jr, age 40, of Wilkes-Barre, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearms offenses.

According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that between December 2020 and March 14, 2021, Jones conspired with others to traffic at least 280 grams of crack cocaine and 40 grams of fentanyl.  On March 14-15, 2021 Jones also possessed with intent to distribute crack cocaine, fentanyl, and methamphetamine.  The indictment also alleges that on March 14-15, 2021, Jones possessed a stolen firearm in furtherance of his drug trafficking activities, and he is a person prohibited from possessing a firearm because of a prior felony conviction.

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

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

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

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

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

The maximum penalty under federal law for 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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 27, 2021, Terrance Tyson, age 44, of East Stroudsburg, Pennsylvania, was indicted by a federal grand jury for bank robbery.

According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on September 24, 2019, Tyson committed a robbery of the NBT Bank located in East Stroudsburg and took approximately $5,226.

The case was investigated by the Stroud Area Regional Police Department 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, Tyson faces a maximum sentence of up to 20 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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that the former Executive Director of the Perry County Family Center, Shelley A. Dreyer-Aurila, age 55, of New Bloomfield, Pennsylvania, was sentenced today to 15 months’ imprisonment by U.S. District Court Judge Sylvia H. Rambo for embezzlement of funds involving federal programs. 

According to Acting United States Attorney Bruce D. Brandler, Dreyer-Aurila previously admitted that between 2010 and 2017, she embezzled and converted to her own personal use more than $150,000 that was under the care and control of the Center.  During that period, the Center annually received more than $10,000 in federal grants from the U.S. Department of Health and Human Services, through the Pennsylvania Department of Health and Human Services, to fund programs like its Maternal, Infant, and Early Childhood Home Visiting program and its Child Abuse Prevention program.

Dreyer-Aurila was also ordered to pay $127,764.56 in restitution.  She had previously repaid $22,520. 

The case was investigated by the Pennsylvania Department of State, Bureau of Enforcement and Investigation, Charitable Investigation Unit.  Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney James T. Clancy prosecuted the case.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gerard Gaffney, age 19, of Mount Ranier, Maryland, was sentenced on April 26, 2021, to 84 months’ imprisonment by Chief U.S. District Court Judge John E. Jones for his role as the driver in a 2019 armed robbery of a Rite Aid pharmacy in Dauphin County.

According to Acting United States Attorney Bruce D. Brandler, Gaffney and his codefendants drove to the Rite Aid on Union Deposit Road on March 28, 2019, with plans to rob it.  With Gaffney waiting outside in the getaway car, three masked robbers entered the pharmacy and pointed weapons at the heads of staff, forcing them to surrender drugs from the pharmacy before escaping to the getaway car sitting outside. Police responded to reports of the armed robbery and pursued the getaway car as it sped away from police. The car crashed and three of the occupants were apprehended, including Gaffney. Police recovered bottles of pharmaceuticals stolen from the Rite Aid. They also recovered a stolen firearm from codefendant, David Marable.

Marable had previously entered a guilty plea to the robbery and brandishing a firearm in furtherance of the robbery and was sentenced 10 years imprisonment.

The case was investigated by the Federal Bureau of Investigation, the Lower Paxton Police Department, and the Swatara Police Department.  Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.

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

# # #

WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 20, 2021, United States District Judge Matthew W. Brann sentenced Rockwater Northeast LLC to pay $2 million in fines and $12,400 in special assessments for violating the Clean Air Act.

According to Acting United States Attorney Bruce D. Brandler, Rockwater Northeast LLC, a Pennsylvania-based company that provides water management services to companies in the oil and gas industry, pleaded guilty to an information charging 31 counts of violating the Clean Air Act.  The information charged Rockwater Northeast LLC with tampering with the emissions systems on 31 heavy-duty diesel trucks owned by the company, and installing “defeat devices” that disabled emissions diagnostic systems on the trucks.  Rockwater Northeast LLC also is alleged to have caused the trucks to pass annual vehicle safety inspections by the Department of Transportation (DOT), despite the modified emissions systems.

Separately, Select Energy Services, Inc., a Texas-based company and the successor in interest to Rockwater Energy Solutions, Inc., parent company of Rockwater Northeast LLC, entered a three-year non-prosecution agreement with the United States.  The agreement resolves Clean Air Act violations for modified emissions systems on 29 additional heavy-duty diesel trucks that were owned by Rockwater Energy Solutions, Inc.  Select Energy Services, Inc. paid an additional $2.3 million in monetary penalties pursuant to the terms of a non-prosecution agreement.

Select Energy Services, Inc. has cooperated with the investigation since its acquisition of Rockwater Energy Solutions, Inc. in 2017.  Under the terms of the non-prosecution agreement, Select Energy Services, Inc. agreed to continue cooperating with the government, and implemented an environmental compliance program designed to prevent future Clean Air Act violations.  Select Energy Services, Inc. also commenced conducting annual audits during the three-year term of the agreement, to ensure Clean Air Act compliance.

Six individuals have been prosecuted in connection with this investigation; four of whom are current or former employees of Rockwater Northeast LLC, and two of whom are former third-party vendors of Rockwater Northeast LLC.  All six individuals pleaded guilty to conspiring to impede the lawful functions of the Environmental Protection Agency (EPA) and DOT, and to violate the Clean Air Act:

1. Brian Mellot, of Cumberland, Maryland, was sentenced to six months’ imprisonment and one year of supervised release;
2. Gavin Rexer of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing;
3. Dennis Paulhamus of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing;
4. Joseph Powell of Hickory, Pennsylvania, pleaded guilty and is awaiting sentencing;
5. John Joseph of Canonsburg, Pennsylvania, pleaded guilty and is awaiting sentencing; and
6. Timothy Sweitzer of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing.

The matter was investigated by the EPA’s Criminal Investigations Division and the DOT’s Office of the Inspector General, with the assistance of the Pennsylvania State Police and other law enforcement agencies.  Assistant United States Attorneys Phillip J. Caraballo and Sean Camoni, and Special Assistant United States Attorney Patricia C. Miller prosecuted the case.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Edirso De Leon Frias, age 29, of Nanticoke, Pennsylvania was sentenced on April 15, 2021, by United States District Court Judge Robert D. Mariani to 10 years’ imprisonment for conspiracy to distribute and possess with intent to distribute over one kilogram of heroin and over 500 grams of cocaine.   

According to Acting United States Attorney Bruce D. Brandler, De Leon Frias pled guilty to being an organizer of a drug trafficking organization operating in and around Luzerne County.  De Leon Frias was responsible for more than one kilogram of heroin and more than 500 grams of cocaine, and possessed a firearm during the commission of the drug offense.  One kilogram of heroin is the equivalent of approximately 40,000 individual doses. 

Fourteen other defendants have previously been sentenced on charges arising from this investigation.  Most notably, Jose Ramon de Leon Pineda was sentenced to 188 months’ imprisonment, and Juan Roman Polanco was sentenced to 151 months’ imprisonment.  Both men were also leaders in their drug trafficking conspiracies, and both men possessed firearms during the course of the conspiracy.

This conviction was the result of a year-long investigation, in part driven by multiple wiretaps, conducted by the U.S. Drug Enforcement Administration (DEA), Wilkes-Barre Police Department, and Pennsylvania State Police.  Assistant U.S. Attorney Sean A. Camoni prosecuted 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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Christopher Gambrill, age 44, of Windsor, Pennsylvania, was indicted by a federal grand jury for concealing assets during a bankruptcy proceeding.

According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that while Gambrill was a party in a bankruptcy proceeding in December 2016 through September 2017, he fraudulently concealed a $125,000 inheritance from the bankruptcy trustee and creditors.         

The case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.

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

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

The maximum penalty under federal law for this offense is imprisonment for five 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.

# # #

HARRISBURG – As the April 24th Drug Enforcement Agency’s (DEA) 20th National Prescription Drug Take Back Day approaches, Acting United States Attorney Bruce D. Brandler urges the public to participate in the biannual event and remove dangerous expired, unused, and unwanted prescription drugs from your home, where they could be stolen or abused by family members and visitors, including children and teens.

Since it was established in 2010, DEA has held 19 National Prescription Drug Take Back Day events, which have, collectively, removed 13,684,848 pounds (more than 6,842 tons) of medications from circulation. The disposal service is free and anonymous, no questions asked.

DEA and its partners will collect tablets, capsules, patches, and solid forms of medication.  Vaping devices and cartridges will also be accepted, so long as the lithium batteries are removed.  Liquids including intravenous solutions and syringes, as well as illegal drugs, will not be accepted.  All collection sites will adhere to local COVID-19 guidelines and regulations to maintain the safety of all participants and local law enforcement.

“In the midst of the Covid-19 pandemic, the public should not forget we are still in the midst of an opioid epidemic that has only worsened during the pandemic,” stated Acting U.S. Attorney Bruce D. Brandler. “Over 81,000 people died of a drug overdose in 2020 which represented a significant increase from 2019. Getting rid of excess prescription drugs in the home will help save lives and I urge the public to participate in this very worthwhile endeavor.”

“DEA and its partners collected a record amount at its last Take Back event, making it the largest collection since the program began in 2010,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “This event brings to light how unused medications can end up in the wrong hands.” 

Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisoning and overdoses due to these drugs.  Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.  Additionally, opioid overdose deaths have increased during the pandemic. Centers for Disease Control and Prevention (CDC) issued a health alert in December indicating a significant increase in overdose deaths from May 2019 through May 2020, including concerning trends during the first months of the COVID-19 pandemic. Over 81,000 people in the United States died of a drug overdose in just one year. This is the largest number of drug overdoses on record in the United States within a one- year period and an 18 percent increase in deaths year over year.

The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency, but accelerated significantly during the first months of the pandemic. Synthetic opioids, such as illicit fentanyl, are the primary driver of the increases in overdose deaths. More people die each year from drug overdose than from traffic accidents or firearms – a staggering statistic that challenges how people perceive the deaths and overdose of people addicted to opioids.

For more information about the event or to locate a collection site near you, visit the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/ or call 1-800-882-9539.

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dana Container, Inc., (“Dana”), headquartered in Avenel, New Jersey, pled guilty on April 14, 2021, before U.S. Magistrate Judge Joseph F. Saporito, Jr., to willfully committing an OSHA violation that resulted in an employee’s death, as charged in a criminal Information.

According to Acting United States Attorney Bruce D. Brandler, the criminal information to which Dana pleaded guilty alleges that Dana utilized the trade name “Dana Rail Care” for a portion of its business activity related to the maintenance and cleaning of the interior of rail cars, and that in or about March of 2019, Dana contracted with another firm to clean crude oil residue from approximately 100 rail cars that were located at a rail yard in Pittston, Pennsylvania.

Under regulations issued by the Occupational Safety and Health Administration (“OSHA”), an employee who is tasked by his or her employer to work in a confined space, like the interior of a rail car, must be protected in various ways.  Employers are required to test and monitor atmospheric conditions within the space to ensure that the atmosphere is non-hazardous and to purge, flush or ventilate the space as necessary to eliminate or control any atmospheric hazards, including oxygen concentrations below 19.5 percent.  Employers must also outfit any employee tasked with working in any atmosphere considered to be potentially hazardous with a particular type of OSHA-certified respirator. 

On May 31, 2019, a Dana employee entered one of the rail cars at the Pittston site in order to scrape crude oil from the walls of the car.  About 30 minutes later, the employee collapsed inside the car.  He later died on scene, with the cause of death ruled asphyxiation.  The atmosphere inside the car was determined to be oxygen-deficient and although Dana was aware of applicable OSHA regulations, the employee had not been outfitted with the proper OSHA-certified respirator.  

“The death of the employee was a tragedy and could have been avoided if the company had followed the regulations for this type of dangerous activity,” stated Acting U.S. Attorney Bruce D. Brandler. “Our office and OSHA take these cases very seriously and willful violations of OSHA regulations will be aggressively prosecuted to deter this type of behavior and ensure that workers are protected.” 

The charge stems from an investigation by the Occupational Safety and Health Administration (OSHA) and the Department of Labor, Criminal Investigation Division.  Assistant U.S. Attorney Jeffery St John is prosecuting the case.

A sentence following a finding of guilt will be imposed by the Judge after consideration of the applicable federal sentencing statutes.

The maximum penalty under federal law for this offense is a $500,000 fine and a 5-year term of probation.  Under federal law, 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 and protect the public.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stefen Knoche, age 55, of Lebanon, Pennsylvania, was sentenced today to 70 months’ imprisonment by U.S. District Court Judge Sylvia H. Rambo for trafficking in counterfeit drugs.  Knoche was also ordered to pay $3,648,911.18 in restitution.

According to Acting United States Attorney Bruce D. Brandler, Knoche previously admitted that he intentionally trafficked drugs knowing them to contain counterfeit marks of pharmaceutical manufacturers Pfizer Pharmaceuticals, Bayer AG, Eli Lilly and Company, and Roche Holding AG between May 2017 and April 2018.  Knoche further acknowledged that he trafficked counterfeit Viagra, Aurogra, Xanax, Levitra, Cialis, and Valium, all using counterfeit trademarks of their respective pharmaceutical companies.

“The U.S. Postal Inspection Service continues to prioritize eliminating contraband to include illegal prescription drugs from the U.S. Mail,” said Inspector in Charge Damon Wood, U.S. Postal Inspection Service Philadelphia Division. “We are committed to bringing all members of illegal drug trafficking organizations who utilize the U.S. Mail to justice.”

“Selling illegal prescription drugs in the U.S. marketplace puts consumers’ health at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office.  “The FDA remains fully committed to disrupting and dismantling illegal prescription drug distribution networks that misuse the internet at the expense of public health and safety.”

“Today’s sentence demonstrates what can be accomplished when the Homeland Security Investigations, U.S. Postal Inspection Service, and U.S. Food and Drug Administration Office of Criminal Investigations, combine resources to investigate and apprehend criminals whose illicit actions harm Americans,” said Brian A. Michael, Special Agent in Charge for Homeland Security Investigations Philadelphia.  “Together we are committed to pursuing justice by investigating, dismantling, prosecuting criminals like the defendant to the fullest extent of the law.”

The case was investigated by the U.S. Postal Inspection Service; U.S. Food and Drug Administration, Office of Criminal Investigations; and Homeland Security Investigations.  Assistant U.S. Attorney Carlo D. Marchioli and former Assistant U.S. Attorney James T. Clancy prosecuted the case.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric R. Colborn, age 46, of Dunmore, Pennsylvania, was sentenced on April 14, 2021, to 16 months’ imprisonment to be followed by a three-year term of supervised release by U.S. District Court Judge Robert D. Mariani for bank fraud.  Judge Mariani also ordered Colborn to pay restitution in the amount of $22,470.40.

According to Acting United States Attorney Bruce D. Brandler, Colborn previously entered guilty pleas on January 15, 2020 to bank fraud and conspiracy to commit bank fraud. 

Colborn created a counterfeit Wells Fargo brokerage statement in his name showing that he had in excess of $14,000,000 in a brokerage account, and then fraudulently induced reliance on the counterfeit brokerage statement to secure property and other things of value.  One such example occurred when Colborn admittedly issued a bad check to a local realtor in the amount of $2,000 for a down payment toward the purchase of a residence in Dunmore, Pennsylvania with a promise of paying $190,000 in cash at closing.  The realtor subsequently contacted Wells Fargo and learned that the brokerage account did not exist.

Beginning in November 2017 through March 2019, Colborn admitted to unlawfully issuing a series of bad checks totaling more than $400,000 in order to obtain property.  For example, in November 2017, Colborn issued a bad check in the amount of $58,786.54 to Motor World in order to take possession of a Range Rover.  In that same month, Colborn issued a bad check in the amount of $68,416.70 to Gibbon’s Ford in order take possession of a 2018 Ford F-150 pick-up truck.  In January 2019, Colborn issued a bad check in the amount of $95,682.48 to Ken Pollock Alfa Romero in order take possession of an Alfa Romero vehicle. The vehicles were subsequently repossessed.  Colborn’s fraud scheme also included a series of bad checks issued to local retailers for thousands of dollars, including Home Depot, RJ Walker, Dick’s Sporting Goods and Auto Zone.

The case was investigated by the Internal Revenue Service – Scranton Office, the Dunmore Police Department, and the Lackawanna County District Attorney’s Office.  Assistant U.S. Attorney Michelle Olshefski prosecuted the case.

# # #  

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Darryl Corradini, age 63, and Vicki Hackenberg, age 57, both of Bloomsburg, Pennsylvania, were charged on April 13, 2021, by a federal grand jury with perpetrating a bank fraud and money laundering scheme that included 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 United States Bruce D. Brandler, the indictment alleges that Corradini, Hackenberg, and other coconspirators created a shell corporation, CGM Realty LLC, and opened bank accounts and a Bitcoin trading account in the corporation’s name, by using false and forged documents.  The conspirators allegedly used the accounts to receive 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.

Corradini and Hackenberg are charged with conspiring to commit bank fraud and with two counts of committing bank fraud for submitting false and fraudulent documentation to obtain the PPP loan.  They also are charged with two counts of making false statements on loan applications, with conspiring to commit money laundering, and with three counts of engaging in unlawful monetary transactions by purchasing Bitcoins with the fraudulently obtained PPP loan.  Corradini is charged with one count of making false statements to IRS agents that he did not have access to CGM Realty LLC’s bank account.  Hackenberg is charged with two counts of making false statements to IRS agents that she had no knowledge of CGM Realty LLC, and that she had not communicated with other coconspirators in over a year.

The case was investigated by the IRS, Criminal Investigations.  Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.

Criminal 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 is 30 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.

# # #

Principal Deputy Assistant Attorney General for Civil Rights Pamela S. Karlan issued the following statement and attached resource guide to assist Federal agencies, state and local governments, and recipients of Federal financial assistance in addressing ongoing civil rights challenges related to the COVID-19 pandemic:

The COVID-19 pandemic has stressed our Nation’s commitment to an open, equal, and inclusive society. We have seen hateful and xenophobic rhetoric and violence aimed at Asian American and Pacific Islander (AAPI) communities and businesses. We have also seen Black, Indigenous, Latino, and Pacific Islander communities, as well as people with disabilities, suffer disproportionately high rates of death and greater risk of infection and hospitalization. COVID-19 has magnified social, economic, and environmental inequalities that we cannot ignore.

As a Nation, we cannot adequately respond to, and recover from, COVID-19 if we do not protect all of our neighbors. That requires us to pursue justice on behalf of those targeted because of their race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or citizenship.

The Department of Justice will vigorously enforce Federal civil rights as we continue the process of national reckoning, recovery, and healing. Civil rights protections and responsibilities still apply, even during emergencies. They cannot be waived. Federal agencies, state and local governments, and recipients of Federal financial assistance are an integral part of our shared effort to uphold civil rights.

The following principles should assist in meeting these nondiscrimination obligations:

1. Combat hate crimes, harassment, and other discrimination against the AAPI community. There has been a disturbing rise in violence, harassment, and discrimination directed at the AAPI community. Laws prohibiting such conduct must be vigorously enforced by the Federal government, acting with its state and local partners. We must support and provide services to victims of hate crimes, harassment, or unlawful discrimination and ensure the safety of schools, workplaces, and communities through prompt and thorough investigation of complaints. The attached guide includes resources to support prevention and reporting of hate crimes in communities. It also explains how to report discrimination, harassment, or hate incidents in housing, education, employment or other civil rights violations. The Civil Rights Division is prepared to work with sister Federal agencies to support state and local efforts aimed at preventing pandemic-related harassment and discrimination targeting AAPI communities. For more information on preventing hate crimes in your community, visit the Department of Justice’s hate crimes resource page: https://www.justice.gov/hatecrimes.

2. Ensure equal access for people with disabilities and avoid disability discrimination. COVID-19 has had a devastating and disproportionate impact on people with disabilities. Governments, health care providers, and long-term care facilities must comply with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). This includes when making decisions about who will receive medical care, including vaccines and hospital beds. It also includes crafting and implementing policies such as crisis standards of care, visitation rules, and vaccine distribution plans. People living in nursing homes and other long-term care facilities have been placed at particular risk of COVID-19 infection and death. Some reports show that more than one-third of all deaths from COVID-19 in the U.S.—over 172,000 people—are linked to nursing homes and other long-term care facilities. Providing services in home- and community- based settings instead of in long-term care facilities can satisfy the ADA integration mandate by preventing unnecessary institutionalization. It can also reduce COVID-19 risk. As governments, employers, and businesses lift pandemic-related restrictions and reopen, they must comply with the ADA and Section 504. This includes providing reasonable accommodations and modifications, physical access, and effective communication. For information about rights and responsibilities under these statutes, please contact the ADA Information Line at 800-514-0301 (voice) or 800- 514-0383 (TTY) or visit https://www.ada.gov/. Additional relevant information can be found on the U.S. Department of Health and Human Services’ Office for Civil Rights’ website at https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/index.html.

3. Reduce further learning loss for vulnerable students. Education inequalities have worsened as COVID-19 continues to disrupt learning for millions of students. Students of color are experiencing disproportionate failure rates, a growing digital divide disadvantages students who cannot access the internet and miss school as a result, and students with limited English proficiency and/or a disability are suffering serious educational consequences. Students who are homeless or in juvenile justice facilities are particularly at risk of learning disruptions. Schools contribute to these challenges when they fail to communicate with limited English proficient families in a language they understand about how to access online learning and other important information about school activities. Whether schools begin to reopen or continue to teach virtually, they must do so in compliance with Titles IV and VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Equal Educational Opportunities Act of 1974, the ADA, and Section 504. COVID-19 resources for schools, students, and families can be found at https://www.ed.gov/coronavirus?src=feature&utm_medium=email&utm_source=govdelivery.

4. Protect correctional staff, incarcerated and detained people, and their families. Studies have shown that compared to the general population, a disproportionate number of COVID-19 outbreaks and deaths occur in jails, prisons, and detention facilities across the country. Certain communities of color, including Black, Indigenous, and Latino people, as well as people with disabilities, are more likely to have comorbidities, and suffer serious and even fatal COVID-19 infections, both in the general population and in jails, prisons, and detention centers. Individuals with limited English proficiency and those with disabilities can face increased isolation and lack meaningful access to essential information during COVID-19. This can limit their ability to obtain treatment and timely escalation of care when needed. State and local jails, prisons, and detention centers that receive Federal financial assistance must not discriminate on the basis of race, color, and national origin under Title VI of the Civil Rights Act of 1964 and other statutes. They must also comply with the ADA’s and Section 504’s disability nondiscrimination mandate. In addition to the statutory prohibitions on discrimination, these facilities may not deprive prisoners of their rights guaranteed by the Eighth and Fourteenth Amendments. Federal prisons and detention facilities are subject to Executive Order 13166 and other authorities that protect the civil rights of Federal detainees and inmates. For further guidance on managing pandemic response and recovery in correction and detention facilities, see https://nicic.gov/coronavirus and https://www.cdc.gov/coronavirus/2019-ncov/hcp/broad-based-testing.html.

5. Protect vulnerable populations facing housing instability. COVID-19 has exacerbated existing racial and economic disparities in access to safe and affordable housing. Despite these challenges, individuals retain their fundamental right to obtain housing free from discrimination. Direct providers of housing must still comply with the Fair Housing Act. Our country already faced a severe shortage in affordable housing before the economic impacts of COVID-19 caused significant increases in housing instability. With studies showing that certain communities of color are more likely to be at risk of eviction, we must ensure that discrimination is not an additional barrier. Information on where to find housing assistance during the pandemic can be found here: https://www.benefits.gov/news/article/402. The Department of Housing and Urban Development also maintains a list of resources, found at https://www.hud.gov/coronavirus.

6. Provide information in languages other than English. Large numbers of people in the United States do not read or understand English well. Yet all people need to understand the symptoms, when to stay home, and how to protect themselves and their families to prevent the spread of the virus. Federal, state, and local public messaging on pandemic safety measures and recovery efforts should be provided in the wide array of languages spoken by people with limited English proficiency. Likewise, it is important that we ensure language accessibility in law enforcement, courts, and victim services so that victims of hate crimes and discrimination can vindicate their rights. Title VI requires recipients of Federal financial assistance to provide meaningful access to Federally-funded programs and activities to people with limited English proficiency. More information about ensuring language access and the concentration of, and languages spoken by, persons with limited English proficiency in a particular community can be found at https://www.lep.gov/ and https://www.lep.gov/maps.

7. Collect data to monitor, track, and ensure equitable outcomes. COVID-19 requires accountability and action to address longstanding disparities for Black, Indigenous, Latino, AAPI, and other people of color, as well as people with disabilities. Complete, consistent, and accurate data collection and reporting on race, ethnicity, disability, and limited English proficient status are essential to our ability to recognize and address disparities and inequality. Federal civil rights offices are authorized to use qualitative (studies, news reports, and other sources of information) and quantitative data to conduct outreach, technical assistance, and enforcement to ensure compliance with Title VI of the Civil Rights Act of 1964. The Civil Rights Division is available to consult with Federal agencies on approaches to data collection and assessments to determine whether policies or practices may have a discriminatory impact. For more information on identifying discrimination under Title VI and on data collection, see https://www.justice.gov/crt/fcs/T6Manual7#Z; see also Executive Order 13985 (addressing the need for race, ethnicity, and disability data collection).

The Civil Rights Division will do its part to facilitate a coordinated federal response to these issues. Under Executive Order 12250, the Department of Justice is responsible for ensuring the consistent and effective implementation of Federal civil rights laws “prohibiting discriminatory practices in Federal programs and programs receiving federal financial assistance.” Accordingly, I have directed the Civil Rights Division’s Federal Coordination and Compliance Section and the Disability Rights Section to ensure that Federal agencies use their authority to pursue a comprehensive approach to advance equity and redress inequities in pandemic response and recovery. Finally, the Civil Rights Division will continue to convene meetings of Federal civil rights offices to:

1) exchange information and resources for agencies to take action on COVID-19-related harassment and discrimination;

2) monitor and address civil rights issues related to COVID-19 and recipients of Federal financial assistance;

3) identify strategies to ensure Federal, state and local efforts achieve equitable outcomes in current and future emergency planning and response;

4) work with the Federal agencies to develop and identify data sources or indices that will assist recipients of Federal financial assistance to collect data from communities of color and other underserved populations. The Civil Rights Division, together with other agencies throughout the Federal government, will continue to monitor civil rights issues related to COVID-19 and vigorously enforce civil rights laws. To file a complaint with the Civil Rights Division, please fill out our online form at https://civilrights.justice.gov/.

Attachment(s):

/media/1148476/dl?inline

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Sparano, age 30, of Stroudsburg, Pennsylvania, was indicted on April 13, 2021, by a federal grand jury for drug trafficking and firearm offenses.

According to Acting United States Attorney Bruce D. Brandler, the indictment charges Sparano with conspiracy to distribute over one kilogram of heroin (which is the equivalent of approximately 40,000 individual doses of heroin).  The indictment further charges Sparano with possessing two firearms while knowing that he had previously been convicted of a felony.

The matter was investigated by the Federal Bureau of Investigation (FBI) the Monroe County District Attorney’s Office, the Monroe County Drug Task Force, and the Stroud Area Regional Police Department.  Assistant United States Attorney James Buchanan is prosecuting the case.

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

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 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 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.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Shirley, age 28, of Hazleton, Pennsylvania, was indicted on April 13, 2021, by a federal grand jury for drug trafficking and firearms offenses.

According to Acting United States Attorney Bruce D. Brandler, the indictment charges Shirley with distributing fentanyl and methamphetamine and possessing with the intent to distribute fentanyl, methamphetamine, and cocaine.  The indictment further charges Shirley with possessing two firearms, including a 5.56 caliber rifle, in furtherance of a drug trafficking offense and for possessing them having been previously convicted of a felony offense.

The matter was investigated by the Federal Bureau of Investigations (FBI), and the Pennsylvania State Police.  Assistant United States Attorney James Buchanan is prosecuting the case.

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

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

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

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

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

# # #

HARRISBURG, PA - The United States Attorney’s Office for the Middle District of Pennsylvania announced Robert Lee Johnson a/k/a Stone, age 54, of York, Pennsylvania, was sentenced on April 8, 2021, to 396 months’ imprisonment by U.S. District Court Judge Jennifer Wilson on sex trafficking charges.

According to Acting United States Attorney Bruce D. Brandler, Johnson knowingly recruited and enticed multiple victims to engage in commercial sex acts at local hotels between November 2015 and August 2016, in York County. Most of the victims worked on an “all in” basis, meaning they would give all of the money they earned to Johnson in exchange for having basic living expenses supplied. They relied on Johnson for food and clothing and, most significantly, heroin to support their addictions.  Johnson was often violent, threatened the victims and physically assaulted them if they tried to keep any money or if they were “disrespectful.”  Johnson would force the victims to watch him beat someone to serve as a warning on what would happen to them if they crossed Johnson.  As another method of threatening and forcing the victims was to withholding heroin from them until they reached a quota of tricks.

The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Scott Ford and retired Assistant U.S. Attorney James Clancy prosecuted 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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

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

The maximum penalty under federal law for 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.

# # #

HARRISBURG - With the deadline for filing federal individual income tax returns having been extended to May 17th, 2021, and taxpayers now preparing to file their tax returns, the U.S. Attorney’s Office for the Middle District of Pennsylvania, and the Philadelphia Field Office, IRS Criminal Investigation Division, jointly announced a warning to those who are thinking about breaking the law by committing tax crimes. Willfully filing false tax returns or deliberately evading paying taxes are serious criminal offenses and can result in prison and substantial fines and penalties.

“Supreme Court Justice Oliver Wendell Holmes famously stated that taxes are what we pay for a civilized society and those words are even engraved on the exterior of the IRS building in Washington D.C.,” stated Acting U.S. Attorney Bruce D. Brandler. Those who fail to pay their fair share of taxes not only cheat the government out of much needed revenue that finances our military, health programs, and public works projects, but also cheat their fellow citizens who are forced to carry more than their share of the burden. Our office will vigorously prosecute any individual or business that willfully violates our tax laws.”

“Tax fraud schemes, such as employment tax fraud, refund fraud, and identity theft harm everyone,” said IRS Special Agent in Charge Thomas Fattorusso. “These schemes serve no purpose except to defraud the IRS and the American Public. Would-be tax cheats are reminded that IRS-CI uses all its investigative tools to uncover and put a stop to such fraud.”

Throughout the past year, the U.S. Attorney’s Office prosecuted a broad array of tax offenses including tax evasion, employment tax fraud, and refund fraud. Enforcement efforts are continually ongoing. Here are a few recent examples:

Tax Evasion

• On March 5, 2021, a 54-year-old Old Forge man was sentenced to three years of probation and ordered to pay $117,370 in restitution for tax evasion. Christopher Jones failed to report over $500,000 in taxable income between 2014 and 2019 to avoid paying federal income taxes. Jones failed to report income he gained from illegal bookmaking activities and made false statements to federal agents in February 2019 during the investigation. The judge noted that but for COVID, Jones would have had to serve prison time, but his medical conditions placed him at high risk.

Prosecution of Business Owners

• On January 27, 2021, Lynn and Richard Mineo of Old Forge, Pennsylvania, pled guilty to tax evasion. The Mineos, who are husband and wife, failed to report a total of $550,469.92 in income between tax years 2014 ($145,205), 2015 ($169,346), 2016 ($153,749), and 2017 ($82,168).  The income was for the Mineos’ business, a beer retail store called Mineo’s Brewer’s Outlet, located in Dunmore, Pennsylvania.

• On February 23, 2021, a 36-year-old Harrisburg man was sentenced to two years of probation and ordered to pay $360,897.86 in restitution for conspiring to defraud the United States by failing to pay employment taxes. Darasomalee Thach co-owned and operated a temporary staffing company in Harrisburg and failed to withhold and pay employment taxes from 2011 through 2015, in order to maximize his personal profit.

• On March 5, 2021, Matthew Forney of Camp Hill, was sentenced to one year and one day imprisonment and ordered to pay a $40,000 fine, and Kim Forney, of Windsor, was sentenced on March 4, 2021, to one year imprisonment, for failing to include earnings made through their business on their federal income tax returns for the years 2014 through 2017. The Forneys deposited checks from their business sales into the business bank account, which was reported as taxable income on their tax returns, along with credit card sales. However, the Forneys retained any cash from their business sales at their residence. The Forneys did not report this cash as taxable income on their tax returns or pay taxes on these monies. The unreported income for these years totaled $817,713, which resulted in $292,066 in unpaid taxes.

• On March 31, 2021, Andrea and Guiseppe Tomasino, co-owners of Tomasino’s Restaurante Italiano, located in Dallas, Pennsylvania, pled guilty to failing to collect and pay required federal payroll taxes. Andrea and Guiseppe Tomasino, who were responsible, as co-owners of Tomasino’s Restaurant Italiano, for collecting and paying to the Internal Revenue Service federal payroll taxes, including Federal Insurance Contribution Act (FICA) taxes, willfully failed to pay to the IRS these required taxes for a period from the first quarter of 2014 through the first quarter of 2019, in the total amount of $95,710. 

Stolen Identity Refund Fraud

• On March 9, 2021, a 38-year-old Allentown woman was sentenced to 75 months’ imprisonment for conspiring to defraud the government between January 2015 to July 2016.  Marien Torres-Acevedo and her conspirators obtained fraudulent U.S. Treasury checks by stealing victims’ identities and using those stolen identities to file false tax returns that generated significant refunds.  Torres-Acevedo and her conspirators then secured the fraudulent U.S. Treasury checks and cashed them at various check cashing businesses, including several in Pennsylvania.  Torres-Acevedo admitted that between $550, 000 and $1.5 million in losses occurred as a result of the criminal activity. Torres-Acevedo was ordered to pay $857,729.65 in restitution.

• On April 1, 2021, a 44-year-old Allentown man was sentenced to 70 months’ imprisonment for conspiring to defraud the government and for committing aggravated identity theft. Julio Polanco Suarez and his conspirators obtained fraudulent U.S. Treasury checks by stealing victims’ identities and using those stolen identities to file false tax returns that generated significant refunds.  The conspirators then secured the fraudulent U.S. Treasury checks and cashed them at various check cashing businesses, including several in Pennsylvania.  Suarez admitted that between $1.5 million and $3.5 million in losses to the U.S. Treasury occurred as a result of the criminal activity. Suarez was also ordered Suarez to pay $1,189,256.50 in restitution.  Coconspirators received sentences ranging from three years’ probation to 75 months’ imprisonment. Suarez faces deportation at the conclusion of his sentence of imprisonment.

Fraudulent FormsOn March 26, 2021, Eric Judkins pled guilty to conspiracy to defraud the Internal Revenue Service.  Judkins and his co-defendant, Larry Benavides and others, ran a scheme between January 2011 and October 2012, at USP Allentown in which they would fill out fraudulent IRS Forms 1040EZ to claim refunds. The scheme also included selling completed forms to other inmates for a price, after which Judkins and Bernavides would pocket the money and the inmate would claim the bogus refund himself. From early 2011 until 2012, approximately 80 false returns were filed with the IRS on behalf of multiple inmates.  Judkins directed that the refunds be sent to individuals outside of prison which involved setting up individuals outside of prison as Powers of Attorney so that they could cash the checks and deposit the money into the inmates’ commissary accounts.  Searches of the inmates’ cells resulted in recoveries of IRS forms.  The total amount of refunds claimed by the conspiracy was $108,855 of which Judkins or individuals directed by Judkins claimed $11,031.37.  The total amount of refunds issued by the IRS was $26,735, of which $7,194 went to Judkins and his direct associates. Benavides previously pleaded guilty in the Western District of Pennsylvania and is awaiting sentencing.

Tax Scam Warning

The U.S. Attorney’s Office and the IRS remind tax payers to exercise caution during tax season to protect themselves against tax schemes ranging from identity theft to return preparer fraud. Illegal scams can lead to significant penalties and interest and possible criminal prosecution. IRS Criminal Investigation works closely with the Department of Justice to shutdown scams and to prosecute the criminals behind them.  The IRS would like to warn taxpayers of a quickly growing scam involving a phone scam whereby criminals fake calls from the Taxpayer Advocate Service (TAS), an independent organization within the IRS.

Similar to other IRS impersonation scams, thieves make unsolicited phone calls to their intended victims fraudulently claiming to be from the IRS. In this most recent scam variation, callers “spoof” the telephone number of the IRS Taxpayer Advocate Service office in Houston or Brooklyn. Calls may be ‘robo-calls’ that request a call back. Once the taxpayer returns the call, the con artist requests personal information, including Social Security number or individual taxpayer identification number (ITIN).

TAS can help protect your taxpayer rights. TAS can help if you need assistance resolving an IRS problem, if your problem is causing financial difficulty, or if you believe an IRS system or procedure isn’t working as it should. TAS does not initiate calls to taxpayers “out of the blue.” Typically, a taxpayer would contact TAS for help first, and only then would TAS reach out to the taxpayer.

In other variations of the IRS impersonation phone scam, fraudsters demand immediate payment of taxes by a prepaid debit card or wire transfer. The callers are often hostile and abusive. Alternately, scammers may tell would-be victims that they are entitled to a large refund but must first provide personal information. Other characteristics of these scams include:

• Scammers use fake names and IRS badge numbers to identify themselves.
• Scammers may know the last four digits of the taxpayer’s Social Security number.
• Scammers spoof caller ID to make the phone number appear as if the IRS or another local law enforcement agency is calling.
• Scammers may send bogus IRS emails to victims to support their bogus calls.
• Victims hear background noise of other calls to mimic a call site.
• After threatening victims with jail time or with, driver’s license or other professional license revocation, scammers hang up. Others soon call back pretending to be from local law enforcement agencies or the Department of Motor Vehicles, and caller ID again supports their claim.

Here are some things the scammers often do, but the IRS will not do. Taxpayers should remember that any one of these is a tell-tale sign of a scam.

The IRS will never:

• Call to demand immediate payment using a specific payment method such as a prepaid debit card, gift card or wire transfer. Generally, the IRS will first mail a bill to any taxpayer who owes taxes.
• Threaten to immediately bring in local police or other law-enforcement groups to have the taxpayer arrested for not paying.
• Demand that taxes be paid without giving taxpayers the opportunity to question or appeal the amount owed.
• Ask for credit or debit card numbers over the phone.
• Call about an unexpected refund.

For taxpayers who don’t owe taxes or don’t think they do:

• Please report IRS or Treasury-related fraudulent calls to phishing@irs.gov (Subject: IRS Phone Scam).
• Do not give out any information. Hang up immediately. The longer the con artist is engaged; the more opportunity he/she believes exists, potentially prompting more calls.
• Contact TIGTA to report the call. Use their IRS Impersonation Scam Reporting web page. Alternatively, call 800-366-4484.
• Report it to the Federal Trade Commission. Use FTC.gov. Please add "IRS Telephone Scam" in the notes.

For those who owe taxes or think they do:

• Call the IRS at 800-829-1040. IRS workers can help.
• View tax account online. Taxpayers can see their past 24 months of payment history, payoff amount and balance of each tax year owed. 

Stay alert to scams that use the IRS or other legitimate companies and agencies as a lure. Tax scams can happen any time of year, not just at tax time. For more information visit Tax Scams and Consumer Alerts on IRS.gov. 

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Dashem, age 36, of Port Matilda, Pennsylvania, was sentenced to 240 months' imprisonment by U.S. District Court Judge Matthew W. Brann for receiving and possessing child pornography. The federal sentence imposed by Judge Brann will be served consecutively to a state prison sentence that Dashem is currently serving. 

According to Acting U.S. Attorney Bruce D. Brandler, Dashem pleaded guilty in November 2020 to receiving and possessing child pornography.

The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police.  Assistant United States Attorney Geoffrey W. MacArthur prosecuted the case.

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

###

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 8, 2021, Gregory Rossi, age 49, of Hazleton, Pennsylvania, was sentenced to 30 months' imprisonment to be followed by three years of supervised release by U.S. District Court Judge Robert D. Mariani for stalking. 

According to Acting U.S. Attorney Bruce D. Brandler, on December 16, 2019, Rossi entered a guilty plea to stalking a victim from August 1, 2018 through August 27, 2019 while a protection from abuse order was in place.  Judge Mariani also ordered the forfeiture of dozens of firearms and thousands of rounds of ammunition found in Rossi’s possession at the time of his arrest. 

The case was investigated by the Federal Bureau of Investigation, the Hazleton City Police Department and the Sugarloaf Police Department.  Assistant United States Attorney Jenny P. Roberts prosecuted the case.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Terron, age 38, formerly of Reading, Pennsylvania, pled guilty yesterday before U.S. District Court Judge Robert D. Mariani, to conspiracy to distribute more than 500 grams of methamphetamine and heroin.

According to Acting United States Attorney Bruce D. Brandler, Terron admitted to participating in a conspiracy to distribute between 1.5 kilograms and 5 kilograms of crystal methamphetamine, and between 1 kilogram and 3 kilograms of heroin, in Luzerne, Lackawanna and Schuylkill Counties between January 2017 and December 2018.  Terron was one of five individuals indicted by a grand jury in December 2018 for methamphetamine trafficking in Northeastern Pennsylvania.

Judge Mariani ordered that a presentence report be completed.  Sentencing will be scheduled at a later date.

Previously, Amanda Boyle, age 37, of Sweet Valley, Luzerne County, was sentenced by Judge Mariani to nine years in prison for her role in this drug trafficking conspiracy.

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

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

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 ten years in prison under federal law. The maximum penalty for the charge is up to life in prison, a term of supervised release following imprisonment, and a $10,000,000 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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Luis Vazques, age 39, of Stroudsburg, Pennsylvania, was sentenced yesterday to 87 months’ imprisonment by United States District Court Judge Robert D. Mariani for drug trafficking and firearms charges.

According to Acting United States Attorney Bruce D. Brandler, Vazques pleaded guilty to a conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin (approximately 5,000 individual doses) and 40 grams or more of fentanyl.  Vazques also pleaded guilty to possessing a firearm in furtherance of his drug trafficking.

The case was investigated by the FBI, the Pennsylvania State Police, Monroe, Pennsylvania District Attorney’s Office and Stroud Area Regional Police. Assistant U.S. Attorney Todd K. Hinkley prosecuted 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. 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Alex Pazmino, age 36, of Hazleton, Pennsylvania, was sentenced on April 6, 2021, to 78 months’ imprisonment and a 4-year term of supervised release by United States District Court Judge Robert D. Mariani for conspiring to distribute over 500 grams of methamphetamine.

According to Acting United States Attorney Bruce D. Brandler, on April 29, 2016, Pazmino was arrested upon receiving a significant shipment of methamphetamine from California.  Pazmino subsequently pleaded guilty, acknowledging his role in a drug trafficking conspiracy.  At sentencing, the Court found that Pazmino was responsible for conspiring to distribute over 1.5 kilograms of methamphetamine.          

The matter was investigated by the Drug Enforcement Administration (DEA).  Assistant U.S. Attorney Jeffery St John prosecuted 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. 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Heck, age 40, of Hazleton, Pennsylvania, was indicted on April 6, 2021, by a federal grand jury for drug trafficking and firearms offenses.

According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on October 2, 2020, Heck possessed a firearm in furtherance of drug trafficking, was a convicted felon in possession of firearms and ammunition, and possessed more than 40 grams of methamphetamine and an additional amount of fentanyl for distribution in Luzerne County.  

The case was investigated by the FBI Safe Streets Task Force and the Pennsylvania State Police.  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, Heck faces a mandatory minimum sentence of ten years in prison for the drug trafficking charge, up to a maximum sentence of life in prison, a term of supervised release following imprisonment, and a fine. For the firearms charges, Heck faces an additional mandatory minimum sentence of five years in prison, which must run consecutive to any other sentence, a maximum sentence of life, 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.

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Grenninger, age 38, of Lock Haven, Pennsylvania, was sentenced on April 6, 2021, to 360 months' imprisonment to be followed by a 10-year term of supervised release by U.S. District Court Judge Matthew W. Brann, for producing child pornography.

According to Acting U.S. Attorney Bruce D. Brandler, Genninger sexually abused an eight-year-old child and photographed the abuse.  Genninger also produced videos of minors ranging from age eight through their early teens engaged in secually explicit conduct.  Additionally, Genninger attempted to arrange meetings with 11-year-old girls in Virginia and New York City for sex, and sent a pornographc image of himself over the internet.

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, the Clinton County District Attorney’s Office, and the Christiansburg (Virginia) Police Department.  Assistant United States Attorney Geoffrey W. MacArthur prosecuted the case.

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Richard Earl Davis, age 28, of Harrisburg, Pennsylvania, was sentenced on April 1, 2021, to 144 months' imprisonment by U.S. District Court Judge Jennifer Wilson, for aiding and abetting straw purchase of firearms, witness tampering, and discharge of a firearm in furtherance of drug trafficking. 

According to Acting U.S. Attorney Bruce D. Brandler, Davis was involved in a conspiracy in which an individual would purchase firearms that were ultimately sold to persons prohibited from possessing them, to include felons and drug dealers.  After his arrest, Davis contacted a witness and told her how to testify at his upcoming bail hearing. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant United States Attorneys James Clancy and Scott Ford prosecuted 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. This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 

# # #

A former executive director for a university’s donor relations and fundraising programs in New York was sentenced today to 35 years in prison for multiple child pornography crimes, including his participation in the sexual abuse of a 6-year-old.

According to court documents, on July 22, 2015, Scott Lane, 37, of New York, New York, and others were on a particular video-conferencing platform when a man in Pennsylvania, co-conspirator William Augusta, began sexually abusing a 6-year-old boy. Lane and others encouraged Augusta to sexually abuse the boy for everyone to watch live. Specifically, Lane, using the alias “NYC Perv,” instructed Augusta to “make out with him,” and further instructed Augusta to engage in specific sexual acts with the boy. An undercover Toronto Police detective constable observed the sexual abuse via the video-conferencing platform, and the following day, law enforcement rescued the child and arrested Augusta, who had been sexually abusing the child for approximately two years. A subsequent search of Lane’s electronic devices revealed that Lane possessed multiple videos of prepubescent child pornography.

“The successful prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a 6-year-old child on a live-streaming, video-conferencing platform, demonstrate the Department of Justice’s unwavering commitment to targeting dangerous sexual abusers of children, however they commit their crimes,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “We will continue to work closely with our domestic and foreign law enforcement partners to identify, prosecute, and hold accountable those who exploit children, no matter the technological means they use to commit their heinous crimes.”

“This defendant and his co-conspirators engaged in truly hideous behavior toward a child,” said Acting U.S. Attorney Bruce D. Brandler of the Middle District of Pennsylvania. “The lengthy sentence imposed today, and the lengthy sentences imposed earlier, reflect our office’s commitment to protecting vulnerable victims and punishing individuals who engage in this type of abhorrent behavior. I want to thank all the prosecutors and law enforcement agents who worked tirelessly to make sure justice was served in this case.”

“Today’s sentence demonstrates the severity of the crimes committed in this case,” said Special Agent in Charge Brian A. Michael for Homeland Security Investigations (HSI) Philadelphia. “The defendant perpetuated unspeakable crimes against the most vulnerable of victims, a child. Homeland Security Investigations and our law enforcement partners are devoted to identifying, investigating, and prosecuting offenders like the defendant ensuring they will never harm another child. We hope today’s sentencing can bring some solace to the victim in their recovery.”

In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video-conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial, and two went to trial in January 2018. The defendants were sentenced to between six and a half years and 60 years. One defendant died after pleading guilty but before sentencing, and another defendant died before trial.

Lane pleaded guilty to six counts of child pornography crimes on Jan. 11, 2018, including conspiracy to produce and production of child pornography. In addition to the prison sentence, he was ordered to serve 15 years of supervised release and to pay $50,000 of restitution to the then-6-year-old victim as well as $476.95 to another victim.

HSI Philadelphia, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case, with assistance from the Criminal Division’s Child Exploitation and Obscenity Section’s (CEOS) High Technology Investigative Unit.

CEOS Trial Attorney Austin M. Berry and Assistant U.S. Attorney Scott Ford of the Middle District of Pennsylvania prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the York County District Attorney’s Office, and the York City Police Department announced a joint initiative (Operation Scarecrow) that targets individuals who illegally purchase and possess firearms in York County.  Operation Scarecrow will focus 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 began on January 20, 2021 and has thus far resulted in 19 firearms being recovered.  As a result of the operation, the U.S. Attorney's Office has charged the following individuals: 

• Jahzaire Jahzaire Gilliam, age 19, York, PA, charged with conspiring to make a false statement during the purchase of a firearm; two counts of receipt of firearm by person under indictment; possession of firearm by unlawful user of controlled substance; distribution of marijuana; possession with intent to distribute marijuana; and possession of a firearm in furtherance of drug trafficking;
• Hannah Lapham, age 22, York, PA, charged with conspiring to make and making a false statement during the purchase of a firearm;
• Donte Christian, age 45, of Baltimore, MD, charged with four counts of making a false statement during the purchase of a firearm; and
• Nijee Baskins, age 21, York, PA, charged with two counts of making a false statement during the purchase of a firearm.

The investigations are continuing, and numerous other individuals are expected to be charged in both federal and state court 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 York, 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.”

“When a person chooses to purchase a firearm under false pretenses, these firearms more often than not end up on the streets and into the hands of criminals,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division.  “Successful investigations like these, exemplifies ATF’s dedication to our local, state and federal partners in working together to keep our streets safe from gun violence.  I would like to thank the York City Police Department, the York County Drug Task Force, the York County District Attorney’s Office and the United States Attorney’s Office for their continued support in our important mission to protect the public.” 

The indictments are the result of an investigation by ATF, York City Police Department, the York County Drug Task Force, and the York County District Attorney’s Office.

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.           

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Markeese Askew, age 28, of Philadelphia, Pennsylvania, was sentenced to 192 months' imprisonment followed by a six-year term of supervised release by U.S. District Court Judge Matthew W. Brann on drug trafficking charges.

According to Acting U.S. Attorney Bruce D. Brandler, Davidson pleaded guilty in october 2020 to conspiring to distribute heroin and a mixture of heroin and carfentanil. During a three-day period in June 2017, there was a reash of drug overdoses in Williamsport.  At the time, UPMC Susquehanna in Williamsport and Wellsboro reported treating 51 such cases within a 48-hour period.

Two of Davidson’s co-conspirators, Wayne Davidson and Nathan Crowder also pleaded guilty in October 2020 to the same charge.  They were both sentenced to 210 months’ imprisonment in March 2021.  Raymond Howard was convicted after a five-day jury trial and awaits sentencing.

In total, Askew and the three co-conspirators were charged with delivering a mixture of heroin and carfentanil that resulted in serious bodily injury to eight individuals.

The case was investigated by the Lycoming County District Attorney’s Office Narcotics Enforcement Unit, Montoursville Police Department, Old Lycoming Township Police Department, South Williamsport Police Department, Williamsport Bureau of Police, Pennsylvania State Police and the Federal Bureau of Investigation.  Assistant United States Attorneys Alisan V. Martin and Geoffrey W. MacArthur prosecuted 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. This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 

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 former executive director for a university’s donor relations and fundraising programs in New York was sentenced today to 35 years in prison for multiple child pornography crimes, including his participation in the sexual abuse of a 6-year-old.

According to court documents, on July 22, 2015, Scott Lane, 37, of New York, New York, and others were on a particular video-conferencing platform when a man in Pennsylvania, co-conspirator William Augusta, began sexually abusing a 6-year-old boy. Lane and others encouraged Augusta to sexually abuse the boy for everyone to watch live. Specifically, Lane, using the alias “NYC Perv,” instructed Augusta to “make out with him,” and further instructed Augusta to engage in specific sexual acts with the boy. An undercover Toronto Police detective constable observed the sexual abuse via the video-conferencing platform, and the following day, law enforcement rescued the child and arrested Augusta, who had been sexually abusing the child for approximately two years. A subsequent search of Lane’s electronic devices revealed that Lane possessed multiple videos of prepubescent child pornography.

“The successful prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a 6-year-old child on a live-streaming, video-conferencing platform, demonstrate the Department of Justice’s unwavering commitment to targeting dangerous sexual abusers of children, however they commit their crimes,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “We will continue to work closely with our domestic and foreign law enforcement partners to identify, prosecute, and hold accountable those who exploit children, no matter the technological means they use to commit their heinous crimes.”

“This defendant and his co-conspirators engaged in truly hideous behavior toward a child,” said Acting U.S. Attorney Bruce D. Brandler of the Middle District of Pennsylvania. “The lengthy sentence imposed today, and the lengthy sentences imposed earlier, reflect our office’s commitment to protecting vulnerable victims and punishing individuals who engage in this type of abhorrent behavior. I want to thank all the prosecutors and law enforcement agents who worked tirelessly to make sure justice was served in this case.”

“Today’s sentence demonstrates the severity of the crimes committed in this case,” said Special Agent in Charge Brian A. Michael for Homeland Security Investigations (HSI) Philadelphia. “The defendant perpetuated unspeakable crimes against the most vulnerable of victims, a child. Homeland Security Investigations and our law enforcement partners are devoted to identifying, investigating, and prosecuting offenders like the defendant ensuring they will never harm another child. We hope today’s sentencing can bring some solace to the victim in their recovery.”

In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video-conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial, and two went to trial in January 2018. The defendants were sentenced to between six and a half years and 60 years. One defendant died after pleading guilty but before sentencing, and another defendant died before trial.

Lane pleaded guilty to six counts of child pornography crimes on Jan. 11, 2018, including conspiracy to produce and production of child pornography. In addition to the prison sentence, he was ordered to serve 15 years of supervised release and to pay $50,000 of restitution to the then-6-year-old victim as well as $476.95 to another victim.

HSI Philadelphia, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case, with assistance from the Criminal Division’s Child Exploitation and Obscenity Section’s (CEOS) High Technology Investigative Unit.

CEOS Trial Attorney Austin M. Berry and Assistant U.S. Attorney Scott Ford of the Middle District of Pennsylvania prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Francis Vasquez-Familia, age 33, of Hazleton, Pennsylvania, was sentenced to 80 months' imprisonment followed by a five-year term of supervised release by U.S. District Court Judge Robert D. Mariani for possession with intent to distribute in excess of 500 grams of methamphetamine.  

According to Acting U.S. Attorney Bruce D. Brandler, Vasquez-Familia’s activities involving drug distribution in the Hazleton, Pennsylvania area were brought to the attention of the Pennsylvania State Police, who in cooperation with the DEA initiated an investigation.  Investigators utilized a confidential informant to purchase narcotics from Vasquez-Familia, including heroin.  A traffic stop of Vasquez-Familia’s vehicle resulted in the seizure of 1,554 grams of methamphetamine and 530 grams (which is approximately 29,000 individual doses) of heroin. 

The case was investigated by the Pennsylvania State Police and the DEA.  Assistant United States Attorneys Todd K. Hinkley prosecuted 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. This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 

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.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Robert D. Mariani sentenced Julio Polanco Suarez, age 44, of Allentown, Pennsylvania, to 70 months’ imprisonment, for conspiring to defraud the government and for committing aggravated identity theft.

According to Acting United States Attorney Bruce D. Brandler, Suarez pleaded guilty to conspiring to defraud the government between March 2009 and September 2016.  Suarez and his conspirators obtained fraudulent U.S. Treasury checks by stealing victims’ identities and using those stolen identities to file false tax returns that generated significant refunds.  The conspirators then secured the fraudulent U.S. Treasury checks and cashed them at various check cashing businesses, including several in Pennsylvania.  Suarez admitted that between $1.5 million and $3.5 million in losses to the U.S. Treasury occurred as a result of the criminal activity.

During the sentencing hearing, Judge Mariani highlighted the losses caused to the United States government by the scheme, and how Suarez, who is a citizen of the Dominican Republic, abused the rights and freedoms he enjoyed while living in the United States.  Suarez faces deportation at the conclusion of his sentence of imprisonment.  Judge Mariani also ordered Suarez to pay $1,189,256.50 in restitution.

Three other defendants were convicted and sentenced in the course of the investigation:

• Marien Torres-Acevedo, age 38, of Allentown, Pennsylvania, was sentenced to 75 months’ imprisonment and faces deportation;
• Francisco Rodriguez-Polanco, age 35, of New York, New York, was sentenced to 54 months’ imprisonment and faces deportation; and
• Alfred LiPuma, age 81, of Lake Harmony, Pennsylvania, was sentenced to three years of probation and paid $2.1 million in restitution and fines.

The matter was investigated by agents from the Department of the Treasury’s Office of the Inspector General, the Internal Revenue Service, Homeland Security Investigations, United States Postal Inspectors, and other federal and state law enforcement agencies.  Assistant United States Attorney Phillip J. Caraballo prosecuted the case.

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Chinnapatr Chunhasomboon, age 41, of Bangkok, Thailand, was indicted on March 30, 2021, by a federal grand jury for fraudulently selling chloroquine phosphate to United States citizens as a treatment for COVID-19.

According to Acting United States Bruce D. Brandler, the indictment alleges that Chunhasomboon sold unapproved chloroquine phosphate to customers worldwide, including in the United States, as a treatment for both COVID-19 and for malaria.  Chunhasomboon allegedly evaded and attempted to evade U.S. Customs inspectors by disguising his shipments of chloroquine phosphate as fish tank accessories and cell phone cases, among other things.  Chunhasomboon also allegedly undervalued the shipments to be worth only $10 to $12, when in fact they often were worth several hundred dollars each.  Chunhasomboon allegedly made tens of thousands of dollars from his scheme.

Chloroquine phosphate is not approved by the FDA as a COVID-19 treatment, and previously was approved on an emergency basis only in controlled hospital settings and from approved sources. The CDC previously reported that two individuals who ingested chloroquine phosphate they obtained for treating aquarium fish did so as a prophylactic measure against COVID-19.  One of those individuals died, and one was left critically ill.

Chunhasomboon is charged with two counts of mail fraud and three counts of wire fraud for selling chloroquine phosphate to four customers located in Pennsylvania.  He also is charged with two counts of smuggling chloroquine phosphate into the United States, two counts of introducing misbranded drugs into U.S. commerce, and two counts of introducing unapproved new drugs into U.S. commerce.  Chunhasomboon further is charged with two counts of making false statements to federal agents, denying that he sold chloroquine phosphate as either a treatment for COVID-19 or for malaria.

The case was investigated by Homeland Security Investigations, with assistance from the Food and Drug Administration.  Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case.

Criminal 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 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.

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Olivetti, age 40, of Philadelphia, Pennsylvania, was charged by criminal information on March 30, 2021, with mail fraud and tax evasion.

According to Acting United States Attorney Bruce D. Brandler, the information alleges that Olivetti, a licensed attorney, stole approximately $91,991.28 from an estate that he represented.  The information also alleges that between November 9, 2015 and July 15, 2020, Olivetti attempted to evade paying his taxes by hiding funds and providing false information to an Internal Revenue Officer.

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

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

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

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

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andrea Tomasino, age 70, and Guiseppe Tomasino, age 44, co-owners of Tomasino’s Restaurante Italiano, located in Dallas, Pennsylvania, pled guilty today before U.S. District Court Judge Robert D. Mariani, to failing to collect and pay required federal payroll taxes.

According to Acting United States Attorney Bruce D. Brandler, Andrea and Guiseppe Tomasino, who were responsible, as co-owners of Tomasino’s Restaurant Italiano, for collecting and paying to the Internal Revenue Service federal payroll taxes, including Federal Insurance Contribution Act (FICA) taxes, willfully failed to pay to the IRS these required taxes for a period from the first quarter of 2014 through the first quarter of 2019, in the total amount of $95,710. 

These charges stem from an investigation by IRS Criminal Investigations.  Assistant U.S. Attorney Jeffery St John is prosecuting the case.

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

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

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andres Santos, age 39, of Hazelton, Pennsylvania, was sentenced on March 30, 2021, by United States District Court Judge Robert D. Mariani to 24 months’ imprisonment for aggravated identity theft in connection with a scheme to unlawfully obtain various government benefits.

According to Acting United States Attorney Bruce D. Brandler, on February 21, 2019, Santos used the name, social security number, and birth date of the victim, and misrepresented his citizenship status, in order to obtain social welfare benefits to which he was not entitled, specifically, Medicaid Medical Assistance benefits and Supplemental Nutrition Assistance Program (SNAP) benefits, in a total amount of approximately $11,000.00. 

The case was investigated by Department of Homeland Security Investigations and the Pennsylvania Office of the State Inspector General.  Assistant United States Attorney Jeffery St John prosecuted the case.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Lower Paxton Postal employee, Candy Ehler, age 51, of  Harrisburg, Pennsylvania, pled guilty on March 29, 2021, before U.S. District Court Judge Sylvia H. Rambo to three counts of theft of mail by an employee.

According to Acting United States Attorney Bruce D. Brandler, on August 2, 2019, the United States Postal Service was notified that a medication package had not been received by its intended recipient. A pattern of missing/stolen medication packages containing opioid based controlled substances that required signature confirmation of receipt was confirmed.  These packages were attempted to be delivered by the assigned mail carrier, but were returned to the Lower Paxton Post Office due to the intended recipients not being at their residence.  Once returned to the Post Office, video surveillance revealed Postal Carrier Ehler, removing three controlled substance medication packages that were not on her primary route.  Ehler did not have a request for second delivery attempt, and the intended recipients never received their medication.

The charges stem from an investigation by the United States Postal Service Office of Inspector General and Department of Veteran’s Affairs Office of Inspector General.  Assistant United States Attorney Daryl F. Bloom is prosecuting the case.

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

Ehler is facing a maximum of 15 years of incarceration and a $750,000 fine.  Under the Federal Sentencing Guidelines, the court is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Caleb Guerrier, age 39, of Hanover Township, Pennsylvania, was sentenced on March 29, 2021, by U.S. District Court Judge Malachy E. Mannion, to 63 months’ imprisonment for being a convicted felon in possession of firearms and ammunition and being in possession with intent to distribute crack cocaine.

According to Acting United States Attorney Bruce D. Brandler, the charges stem from  an incident in March 2014, in which investigators served a search warrant at Guerrier’s residence in Hanover Township and seized a cache of weapons and ammunition, including five semi-automatic pistols, three of which had obliterated serial numbers, one sawed-off shotgun, multiple boxes of assorted ammunition, drug paraphernalia and $195 in United States currency.  Guerrier is a convicted felon and is prohibited under federal law from possessing firearms or ammunition. The charge of possession with intent to distribute crack cocaine stems from a separate incident in June 2016, in which investigators searched a storage unit which Guerrier rented in Wilkes-Barre Township and seized crack cocaine, additional amounts of ammunition and $5000 in U.S. currency. Guerrier previously entered a guilty plea to both the firearms and drug trafficking offenses.

In addition to the prison sentence, Judge Mannion ordered that upon release from prison Guerrier be supervised by a probation officer for three years.

The investigation was conducted by the Federal Bureau of Investigation Safe Streets Task Force, the Luzerne County Drug Task Force, and the Hanover Township Police Department.  Assistant United States Attorney Robert J. O’Hara prosecuted 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.           

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Daniel Palmitessa, age 35, of Stroudsburg, Pennsylvania, was sentenced on March 25, 2021 to 240 months’ imprisonment by United States District Court Judge Malachy E. Mannion, for production of child pornography and enticement of minors to engage in sexual activity.   

According to Acting United States Attorney Bruce D. Brandler, between January 13, 2013 through January 2016, Palmitessa produced images of child pornography.  Also, between February 2018 through April 2018, Palmitessa used the internet and a cellular phone to attempt to persuade a minor to engage in sexual activity.  In addition to the term of imprisonment, Judge Mannion ordered that Palmitessa be placed under supervision by a probation officer for a period of 10 years following release from prison. 

The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police.  Assistant United States Attorney Jenny P. Roberts prosecuted the case. 

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

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Nathan Crowder, age 32, of Williamsport, Pennsylvania, was sentenced to 210 months' imprisonment followed by a four-year term of supervised release by U.S. District Court Judge Matthew W. Brann for conspiring to distribute heroin and a mixture of heroin and carfentanil. 

According to Acting U.S. Attorney Bruce D. Brandler, during a three-day period in June 2017, there was a rash of drug overdoses in Williamsport.  At the time, UPMC Susquehanna in Williamsport and Wellsboro reported treating 51 such cases within a 48-hour period.

Two of Crowder’s co-conspirators, Markeese Askew and Wayne Davidson pleaded guilty in October 2020 to the same charge.  Davidson was sentenced to 210 months’ imprisonment in March.  Askew faces a minimum sentence of 11 years’ imprisonment.  Raymond Howard, the fourth individual indicted in the case, was convicted after a five-day jury trial in October and awaits sentencing. He faces a minimum sentence of 10 years’ imprisonment. 

In total, Crowder and the three co-conspirators were charged with delivering a mixture of heroin and carfentanil that resulted in serious bodily injury to eight individuals.

The case was investigated by the Lycoming County District Attorney’s Office Narcotics Enforcement Unit, Montoursville Police Department, Old Lycoming Township Police Department, South Williamsport Police Department, Williamsport Bureau of Police, Pennsylvania State Police and the Federal Bureau of Investigation.  Assistant United States Attorneys Alisan V. Martin and Geoffrey W. MacArthur prosecuted 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. This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 

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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony Diaz, age 52, formerly of East Stroudsburg, Pennsylvania, was sentenced to 210 months’ imprisonment and three years of supervised release by United States District Court Judge Malachy E. Mannion for wire fraud and mail fraud offenses. He was taken into custody immediately after the sentencing to begin serving the term of imprisonment.

According to Acting United States Attorney Bruce D. Brandler, Diaz was convicted on January 30, 2020 following a 12-day jury trial, of seven counts of wire fraud and four counts of mail fraud, all stemming from the same scheme.

The evidence presented at trial showed that from approximately 2008 through April 2015, Diaz owned and operated Financial Planners Group of America, a financial planning business in East Stroudsburg and Scotrun, Pennsylvania.  Diaz persuaded his clients to invest in high risk, illiquid “alternative investment products,” including real estate investment trusts, business development companies, oil and gas drilling companies, and equipment leasing companies.

A dozen of Diaz’s former clients testified at trial that Diaz convinced them to invest their life savings in the alternative investments through a series of false representations, including that the investments were low-risk, with guaranteed protection of principle and guaranteed rates of return, and that the investments were liquid, giving investors access to their funds in an emergency.  Evidence introduced at trial showed that the investments were high-risk and speculative, with no guarantees, and that in some instances, investors lost all of their money.  Evidence at trial also showed that the investments had lengthy holding periods, with no access to funds, and that could be extended indefinitely at the unilateral discretion of the investment company.  Some witnesses testified to having invested money over a decade ago that they still could not liquidate.

At trial, jurors saw extensive client documentation bearing false information about the clients’ assets, risk tolerance, investment experience, and investment objectives.  Clients testified that Diaz regularly had them sign blank documents, with the promise that missing information would be filled in by his office.  Former employees of Diaz testified that he ordered them to add false information to the account forms, inflating clients’ assets, risk tolerance, and investment experience to qualify them as suitable investors for the alternative investments.

Jurors also learned that Diaz was terminated by five broker-dealers and permitted to resign by a sixth broker-dealer.  Clients who asked about the frequent changes to new broker-dealers were told that it was for their benefit.  Diaz’s former employees testified that they were ordered to conceal his firings and lie to the clients about his changes between broker-dealers.

Jurors also learned that Diaz was suspended by the Certified Financial Planners Board of Standards in 2013, and under investigation by the Financial Industry Regulatory Authority and the Pennsylvania Department of Banking, both of whom ultimately barred Diaz from the securities industry in 2015.  Diaz’s clients testified that he failed to disclose his suspension from the Certified Financial Planners Board of Standards, and concealed the nature and severity of the regulatory investigations.

Various industry witnesses testified that Diaz earned commissions on the alternative investments that were often double, or even quadruple the commissions earned on more conventional investments, such as stocks, bonds, and mutual funds.  Documents at trial showed that Diaz regularly earned in excess of $1.5 million in commissions annually.  Witnesses described how Diaz spent his money on expensive automobiles, a dozen properties across the United States, and frequent vacations to exotic locales.

Labeling Diaz a “sophisticated criminal,” Judge Mannion highlighted how Diaz “lied through his teeth” when testifying at trial, and emphasized the gravity and volume of his offense.  In pronouncing the sentence, Judge Mannion also noted that Diaz had made “no showing of remorse” and queried, “Are you such a con man that you don’t know you’re a con?”  Diaz faced an enhanced sentence under the advisory Sentencing Guidelines for the sophisticated nature of his scheme, the substantial financial hardship caused to numerous victims, for supervising the criminal activity of others, for violating securities regulations as an investment advisor, and for obstructing justice by committing perjury at trial.

At sentencing, dozens of former clients of Diaz submitted victim impact statements, and several told Judge Mannion about how Diaz invested their family’s retirement savings in illiquid investments, which they were unable to use in times of need.  Diaz stipulated in advance of sentencing that he had caused actual and intended losses of between $1.5 million and $3.5 million to the victims to testified at trial alone.  Judge Mannion ordered Diaz to pay restitution of $1,020,840 to those victims.

“While it is true that violent crimes have a devastating impact on victims, it is also true that financial crimes sometimes have an equal, if not greater impact on victims’ lives,” stated Acting U.S. Attorney Brandler. “Unlike physical injuries that can heal in time, losing one’s life savings as one nears retirement is not something many can recover from. Corrupt financial planners like Mr. Diaz who line their own pockets at the expense of their clients will be aggressively prosecuted and receive significant jail sentences, as today’s proceedings prove. Hopefully the significant sentence imposed today on Mr. Diaz will give his victims some sense of justice and deter others from engaging in similar crimes in the future. I want to commend the prosecutors and the numerous law enforcement agents who worked tirelessly to bring this case to a successful conclusion.”

“Anthony Diaz took advantage of inexperienced investors who trusted him with their life savings,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “Spouting a legion of lies, he convinced his clients to invest their money not in their own best interests, but in risky ways that generated Diaz himself millions of dollars in commissions. The harm done here was significant — retirement delayed, tuition money lost, lives turned upside down — all in service of one man’s greed. Today’s lengthy sentence doesn’t right those wrongs. But it does ensure Diaz won’t be victimizing anyone else like this.”

The case was investigated by the Federal Bureau of Investigation.  Assistant United States Attorneys Phillip Caraballo and Robert O’Hara prosecuted the case.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jean Quinones, age 26, of Scranton, Pennsylvania, pleaded guilty on March 24, 2021, before U.S. District Court Judge Malacy E. Mannion to attempt to possess with intent to distribute in excess of 500 grams of cocaine.

According to Acting United States Attorney Bruce D. Brandler, the charge stems from an investigation in which Customs and Border Patrol agents intercepted a package which had been mailed from the Virgin Islands to Scranton.  The package was found to contain a kilogram of cocaine.  Homeland Security agents and U.S. Postal Inspectors arrested Quinones shortly after he picked up the package at a post office in Scranton.

Judge Mannion ordered that a presentence investigation take place.  Sentencing will be scheduled at a later date. 

The investigation was conducted by the Homeland Security Investigations, the United States Postal Inspection Service, the United States Customs and Border Patrol, and the Scranton Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

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

Under federal law, the drug trafficking offense carries a mandatory minimum sentence of five years in prison, up to a maximum sentence of forty 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.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that James Larnerd, age 47, of Lebanon, Pennsylvania, was convicted yesterday by a federal jury for possession with the intent to distribute methamphetamine; for being a previously convicted felon in possession of a firearm; and maintaining a drug involved premises, after a three-day trial held before United States District Court Judge Jennifer Wilson. Larnerd faces a potential 15 year mandatory minimum sentence as a result of three prior convictions for serious drug offenses.

According to Acting United States Attorney Bruce D. Brandler, the jury returned the guilty verdict after approximately two hours of deliberation.  The evidence at trial showed that during May of 2019, the North Cornwall Township Police received information that Larnerd was selling drugs and possessed firearms at his residence in Lebanon County. Based on that information, the North Cornwall Police applied for and obtained a search warrant for Larnerd’s residence in June 2019.

During execution of the warrant, the police found a Highpoint 9mm C9 Luger handgun in Larnerd’s second floor bedroom, and a Highpoint Model CF380 ACP handgun in a downstairs closet. There were also small amounts of marijuana and methamphetamine scattered about the house. Witnesses testified that Larnerd sold them methamphetamine from the residence and possessed the firearms.

The case was investigated by the North Cornwall Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorneys Johnny Baer and Christian Haugsby are prosecuting the case.

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

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

The maximum penalty under federal law for this offense is a term of 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. Larnerd’s conviction for illegal firearm possession carries a 15-year mandatory sentence.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lee Crawford, age 59, of Wilkes-Barre, Pennsylvania and John Williams, age 41, of Kingston, Pennsylvania, were indicted on March 23, 2021, by a federal grand jury for conspiring to distribute more than 40 grams of fentanyl in Luzerne County.

According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that Crawford and Williams conspired to distribute more than 40 grams of fentanyl in the Luzerne County area between July 2020 and February 2021. The indictment also charges Crawford with nine counts of distributing fentanyl and charges Williams with one count of distributing fentanyl.

The case was investigated by the Kingston Police Department, the Bureau of Alcohol Tobacco and Firearms, and the Luzerne County Drug 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, Crawford faces a mandatory minimum sentence of ten years in prison,  up to a maximum sentence of life in prison, a term of supervised release following imprisonment, and a fine. Williams faces a mandatory minimum sentence of five years in prison,  up to a maximum sentence of forty 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.

# # #