Middle District of Pennsylvania

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on Eric Hill, age 31, of Plymouth, Candacelee Ellis, age 34, of Plymouth, PA, Thomas Evanchik, age 40, of Kingston, PA, Casey VanGorder, age 25, of Wilkes-Barre, PA, and Casey Read, age 37, of Wilkes-Barre, PA, were indicted on August 11, 2020, by a federal grand jury for drug trafficking. The case was unsealed following the arrest of  defendants.

According to United States Attorney David J. Freed, the indictment alleges that defendants conspired to distribute more than 400 grams of fentanyl and additional amounts of heroin in the Luzerne County area between January 2017 and the present. 

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

This case is 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 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.

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

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

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

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jerald Ungerer, age 33, of Milford, Pennsylvania, was indicted on August 25, 2020, by a federal grand jury and charged with multiple child exploitation crimes.

According to United States Attorney, David J. Freed, the indictment alleges that on January 16, and February 9, 2017, March 6, and 12, 2020, Ungerer produced multiple videos and images of minors engaged in sexually explicit conduct.

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

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

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 is 60 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 24, 2020, U.S. District Court Judge Christopher C. Conner upheld the 28-year sentence imposed in 2011 of the former President Judge of the Luzerne County Court of Common Pleas, Mark A. Ciavarella, age 70, for accepting millions in bribes and kickbacks from the owner of privately held juvenile detention facility.  

According to U.S. Attorney David J. Freed, Ciavarella was convicted after an 11-day jury trial in February 2011 and in August 2011, the late U.S. District Court Judge Edwin M. Kosik sentenced Ciavarella to 28 years’ imprisonment. Yesterday’s decision upheld that sentence.

After his conviction was affirmed on appeal, Ciavarella claimed that his trial attorneys were ineffective because they should have argued to the jury that some of the crimes he was convicted for were barred by the statute of limitations. The case was reassigned to U.S. District Court Judge Christopher C. Conner to decide if Ciavarella’s attorneys were ineffective.

Judge Conner found Ciavarella’s attorneys were ineffective and vacated certain counts of conviction, including the charges of racketeering conspiracy and money laundering conspiracy. Ciavarella then claimed he was entitled to be resentenced on the remaining convictions.  

Yesterday’s opinion by Judge Conner held that resentencing was not required and the original 28 year sentence would remain in place.

“This decision reinforces this office’s long standing commitment to bring justice to those victimized by these corrupt state judges,” said U.S. Attorney Freed. “They betrayed their community and deserve the substantial punishments they received.”

Ciavarella and his co-defendant, Michael Conahan, who also served as President Judge of the Court of Common Pleas of Luzerne County, were initially charged in January 2009. The charges were the result of a federal investigation of alleged corruption in the Luzerne County court system. The inquiry began in 2007 and expanded to include county government offices, state legislators, school districts and contractors in Northeastern Pennsylvania.  Conahan pleaded guilty to racketeering conspiracy in April 2010 and is serving a 17-year sentence. Conahan was recently released from federal custody to home confinement due to the COVID-19 pandemic.

The judicial scandal, described as the worst in Pennsylvania's history, and the federal prosecutions have had major consequences: Ciavarella and Conahan resigned from the bench in 2009. The Supreme Court of Pennsylvania vacated thousands of juvenile convictions in Luzerne County as a result of Ciavarella's conduct as a Juvenile Court Judge. A State Interbranch Commission on Juvenile Justice recommended changes aimed at safeguarding the constitutional rights of juveniles and improving the oversight and disciplinary process for judges in Pennsylvania. In June 2011, a committee of the American Bar Association reviewed and made recommendations to improve procedures in the state's Judicial Conduct Board. A procedure was established in Luzerne County for compensation of victims of the activities of Ciavarella and Conahan.

Ciavarella is scheduled to be released from federal prison in 2035. 

The case was investigated by the Internal Revenue Service, Criminal Investigation Division and the Federal Bureau of Investigation.

The post-trial litigation was handled by Assistant United States Attorneys Carlo Marchioli, William S. Houser and Michael A. Consiglio.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew Forney, age 41, of Camp Hill, Pennsylvania, pled guilty on August 21, 2020, to four counts of tax evasion.  Kim Forney, age 47, of Windsor, Pennsylvania, pled guilty on August 17, 2020, to four counts of aiding in the preparation and filing of false tax returns. 

According to United States Attorney David J. Freed, on September 23, 2018, police were called to the residence of Matthew and Kim Forney for reports of a shooting.  Upon arrival, police discovered that their daughter’s boyfriend had shot both Matthew and Kim Forney.  While securing the residence, officers observed bloody footprints leading through the house to an outside pool house.  Inside the pool house, the police located a garbage bag, which contained a large amount of bundled United States currency.  Police obtained and executed a search warrant.  Inside a large gun safe located in the residence, police found additional amounts of bundled cash attached to daily receipts.  The officers seized the cash and receipts. 

The Forney’s daughter’s boyfriend was charged with two counts of aggravated assault in connection with the shooting, but charges were ultimately dismissed on June 19, 2019.

An investigation conducted by the Internal Revenue Service – Criminal Investigation determined that this currency was income that Matthew and Kim Forney earned through their business, but omitted 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.    

The case was investigated by the Internal Revenue Service - Criminal Investigation (IRS-CI).  Assistant U.S. Attorney Daryl Bloom 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 three years of imprisonment on each count, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rene Roy, age 51, of Mechanicsburg, Pennsylvania, was sentenced on August 19, 2020, by Chief United States District Court Judge John Jones to one day in prison and two years of supervised release, for committing bank fraud related to fraudulent records he submitted to a credit union for auto loans.

According to United States Attorney David J. Freed, Roy submitted an application to a Belco Community Credit Union for an auto loan and submitted falsified documents to get a lower interest rate, causing a loss to the credit union.

The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Angino Law Firm, P.C., has agreed to pay the United States $53,295 to resolve liability under the Medicare Secondary Payer Statue (MSPS).

Enacted in 1980, the Medicare Secondary Payer Statue requires insurers to make the primary payment for services rendered by Medicare beneficiaries, leaving the Medicare program to provide benefits as a secondary payer.  Under the MSPS, Medicare may make conditional payments for a beneficiary’s care, then seek reimbursement from a primary source such as a primary insurance company.  The MSPS permits Medicare to seek reimbursement directly from a primary insurance company or another person, such as the Medicare beneficiary or the beneficiary’s attorney, who received payment from the primary insurer but does not remit the payment to Medicare.

According to U.S. Attorney David J. Freed, the Angino Law Firm represented a Medicare beneficiary, “the client,” in a state medical malpractice claim against Bloomfield Pharmacy, Inc. and Bio-Medical Applications of Pennsylvania, Inc., alleging that the pharmacies had dispensed an incorrect drug to the client.  In 2011, Medicare conditionally paid approximately $84,353 for the client’s medical care.  The Angino Law Firm settled the state medical malpractice claim in 2014 and received payment on behalf of the pharmacies.  Under the Medicare Secondary Payer Statute, the Angino Law Firm was required to repay $53,295 to the Medicare Program.  Because the Angino Law Firm refused to repay the Medicare Program, the United States filed suit to recover the money owed to the Government in July 2017.

After extension litigation in the district court, the parties agreed to amicably resolve the matter.  Under the terms of the settlement, the Angino Law Firm paid the United States $19,545.15 and Bio-Medical Applications of Pennsylvania paid the Government $33,750, which had been set aside in escrow from the state medical malpractice settlement.  The settlement agreement is not an admission of liability by any of the parties, but it does result in the Medicare Program being reimbursed the funds it expended for the client’s treatment.

“Medicare benefits are a vital lifeline for thousands of citizens in the Middle District of Pennsylvania,” said U.S. Attorney Freed.  “Our Affirmative Civil Enforcement Unit is focused on making sure that such funds are appropriately billed and spent, and recovered when the situation requires.  The health of our Medicare beneficiaries is far too important for our office to stand on the sidelines.”

This matter was litigated by the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office and is assigned to Assistant U.S. Attorney D. Brian Simpson.  The Office of General Counsel, U.S. Department of Health and Human Services, also assisted in this case.  The case is docketed as U.S. v. Richard C. Angino.et al., Civ. No. 3:17-1193 (M.D. Pa.).   

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 19, 2020, Jemel Xavier Williams, age 37, of Macon, Georgia, was sentenced to 92 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for being a previously convicted felon in possession of firearms.

According to United States Attorney David J. Freed, on February 15, 2017, in Franklin County, Williams was found to be in possession of a Glock 19, 9mm and a Glock 36, .45 caliber firearms as a previously convicted felon.

The case was investigated by the Pennsylvania State Police with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney James T. 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. 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shanique Hall, age 29, of Mount Rainier, Maryland, was sentenced on August 18, 2020, by the U.S. District Court Judge Christopher C. Conner to three years of probation for making false statements when purchasing firearms.

According to United States Attorney David J. Freed, Hall previously pleaded guilty to falsely stating that she was a resident of Pennsylvania when she purchased multiple firearms in central Pennsylvania in 2018.  Hall admitted that she provided this false information when, on four occasions, she purchased or attempted to purchase a total of eight firearms.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jesse Carey, age 33, formerly of Wilkes-Barre, Pennsylvania, was sentenced on August 12, 2020, by U.S. District Court Judge Malachy E. Mannion, to 12 years’ imprisonment for two separate drug trafficking crimes committed in Monroe and Luzerne Counties.  

According to United States Attorney David J. Freed, Carey was indicted by a grand jury in 2017, after an incident on August 5, 2017, at the Mount Airy Casino in Monroe County, in which Carey was found in possession of approximately 47 grams of cocaine and 29 individual packets of heroin for further distribution, a scale, and $9,777 in U.S. Currency.  Carey was also indicted for drug trafficking after a separate incident on January 12, 2017, in Plymouth Borough, Luzerne County, in which Carey was arrested and found in possession of 14 grams of cocaine and approximately 80 individual doses of heroin for further distribution, $2,086 in U.S. currency, scales and drug packaging materials.  Carey committed these offenses while on probation for a previous offense he committed in Luzerne County.

The cases were investigated by the Federal Bureau of Investigation’s Safe Streets Task Force, the Pennsylvania State Police, the Pennsylvania Gaming Control Board, and the Plymouth Borough Police Department.  Assistant United States Attorney Robert J. O’Hara prosecuted the cases.

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Physician’s Mobile X-Ray has agreed to pay the United States $49,759 to resolve potential liability under the False Claims Act. Physician’s Mobile X-Ray is based in Harrisburg, Pennsylvania and provides mobile imaging services, including x-rays, ultrasounds and cardiac services.

According to U.S. Attorney David J. Freed, Physician Mobile X-Ray improperly billed Medicare for the transportation component of X-Ray equipment when x-ray services were provided to more than one Medicare beneficiary at the same location during the same trip.  While Medicare will reimburse providers for a transportation component associated with mobile imaging services, that transportation component should be apportioned when more than one patient at the same location receives an x-ray during the same visit.  The United States alleged that Physician’s Mobile X-Ray failed to apportion its charges between 2014 and 2019, leading to overcharges to Medicare.

“Federal Medicare funds provide vital assistance to citizens in the Middle District of Pennsylvania and across the entire country every day,” said U.S. Attorney Freed.  “A primary function of our ACE Unit is to ensure that providers are only reimbursed for authorized activities.  When our monitoring function uncovered the issue in this matter, Physicians Mobile X-Ray cooperated in reaching a resolution that is fair to the taxpayers and the business alike.”

Physician’s Mobile X-Ray cooperated with the investigation and updated its internal review protocols to prevent similar overcharges in the future. The settlement agreement is not an admission of liability by the provider. 

This matter was investigated by the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office and is assigned to Assistant U.S. Attorney D. Brian Simpson.  The Office of Counsel to the Inspector General, U.S. Department of Health and Human Services, also assisted in this investigation.   

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 11, 2020, a federal grand jury indicted Robert Andrewsh, Jr., age 25, of Dunmore, Pennsylvania, with methamphetamine trafficking and firearms offenses.

According to United States Attorney David J. Freed, the indictment charges Andrewsh with conspiring to distribute over 50 grams of methamphetamine in November and December 2019, with distributing and possessing with intent to distribute methamphetamine on three different occasions, and with possessing a firearm in furtherance of his narcotics trafficking.

The matter was investigated by the Drug Enforcement Administration, the Scranton Police Department, and the City of Carbondale Police Department.  Assistant United States Attorney Phillip J. Caraballo 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

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 penalties under federal law for the most serious drug offense are a minimum 10 years and maximum life of imprisonment, and for the firearms offense a minimum five years and maximum life of imprisonment, to run consecutive to any other sentenced imposed, and a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stefan Knoche, age 55, of Lebanon, Pennsylvania, was charged by Criminal Information with trafficking in counterfeit drugs.

According to United States Attorney David J. Freed, the information alleges that Knoche 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 23, 2017 and April 12, 2018.  The information alleges Knoche knowingly trafficked counterfeit Viagra, Aurogra, Xanax, Levitra, Cialis, and Valium, all using counterfeit trademarks of their respective pharmaceutical companies.

The case was investigated by the U.S. Postal Inspection Service; U.S. Food and Drug Administration, Office of Criminal Investigations; and U.S. Department of Homeland Security, Homeland Security Investigations.  Assistant U.S. Attorney James T. Clancy is prosecuting the case.

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

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

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

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HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 30, 2020, John Shover, age 58, of Duncannon, Pennsylvania, was sentenced by Senior U.S. District Court Judge Yvette Kane to 292 months’ imprisonment for using a minor to produce child pornography.

According to United States Attorney David J. Freed, Shover previously pleaded guilty to production of child pornography between January 2017 and March 2018.  Judge Kane’s sentence includes a period of supervised release of 10 years following Shover’s jail term as well as a $5,000 assessment pursuant to the Justice of Victims of Trafficking Act. 

The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police-Newport Station.  Assistant U.S. Attorneys Chelsea B. Schinnour and James T. Clancy prosecuted the case.

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

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 31, 2020, Danny Cruz, age 42 of Harrisburg, PA, Aida Rosado, age 60 of Harrisburg, and Lizarah Matthews, age 28 of York, PA, were indicted for their role in smuggling cellular telephones and contraband into Dauphin County Prison (DCP) in late 2015 and early 2016.  At the time, Cruz was an inmate in the prison. Matthews was a paramour of another inmate in the prison.

Separately, Alice Martinez, age 41, of Chambersburg, was also indicted by a federal grand jury for her role in a conspiracy to smuggle cellular telephones and contraband into Dauphin County Prison in 2015.  Her brother was an inmate in the prison facing federal charges.

According to United States Attorney David J. Freed, the indictments allege that Cruz and other inmates bribed corrections officers and staff to smuggle cellular telephones into the prison. They arranged for people outside of the prison to get the phones and pay the bribes to DCP staff. Lizarah Matthews was the girlfriend of an inmate in the prison. Aida Rosado is the mother of Cruz. Alice Martinez is the sister of an inmate at the prison.  The bribe payments and smuggling were facilitated by transferring money through Western Union and MoneyGram.

The case was investigated by the Federal Bureau of Investigation with the assistance of Dauphin County Prison and the Dauphin County Criminal Investigation Division.  Assistant U.S. Attorneys Michael Consiglio and Chelsea Schinnour are prosecuting the case.

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

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

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 31, 2020, Kyle Bower, age 31, of Harrisburg, Pennsylvania, was charged with smuggling contraband into Dauphin County Prison. 

According to United States Attorney David J. Freed, the information alleges that Bower worked as a correctional officer in the Dauphin County Prison from September 2014 through May 2016.  It is alleged that during his employment, he smuggled cellphones inside of the Dauphin County Prison at the behest of inmates between October 2015 and January 2016.  The information also alleges that Bower received monetary compensation for providing phones to inmates. 

The case was investigated by the Federal Bureau of Investigation and the Dauphin County Criminal Investigation Division in partnership with the Warden of the Dauphin County Prison.  Assistant U.S. Attorneys Chelsea Schinnour and Michael Consiglio are prosecuting the case.

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

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

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on July 31, 2020, Kamilah Lewis, age 32, of Harrisburg, Pennsylvania, was charged in a criminal information with smuggling contraband into Dauphin County Prison. 

According to United States Attorney David J. Freed, the information alleges that Lewis worked as a member of the kitchen staff in the Dauphin County Prison from May 2013 through September 2016.  It is alleged that during her employment, she smuggled cellphones inside of the Dauphin County Prison at the behest of inmates between April and May 2015.  The information also alleges that Lewis received monetary compensation for providing phones to inmates. 

The case was investigated by the Federal Bureau of Investigation and the Dauphin County Criminal Investigation Division in partnership with the Warden of the Dauphin County Prison.  Assistant U.S. Attorneys Michael Consiglio and Chelsea Schinnour are prosecuting the case.

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

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that John Law, age 41, of Rochester, New York, was indicted on July 28, 2020, by a federal grand jury on fraud charges.

According to United States Attorney David J. Freed, the indictment alleges that Law conspired with Perry Santillo and others to defraud investors as part of a Ponzi scheme that netted over $115 million nationwide.  Law is charged with conspiracy to commit mail fraud, wire fraud, and bank fraud, and with four counts of mail fraud.

Previously, Perry Santillo pled guilty to felony charges in Rochester and Scranton, and admitted to defrauding investors around the country as part of a Ponzi scheme that included victims in the Middle District of Pennsylvania.  Santillo admitted as part of his plea that the scheme took in approximately $115 million in fraudulent investments, and resulted in a total loss to investors of $70.7 million.

Perry Santillo was a founder, member, manager, and CEO of First Nationle Solution, LLC.  Law joined Santillo in offering and selling securities in First Nationle, Boyles America, and other issuers to investors.  Law also provided investment advice to those same investors. 

In fact, First Nationle, Boyles America, and other issuers did not conduct their purported businesses.  Rather, Santillo and others working with him operated each business primarily as a Ponzi scheme by issuing securities in the form of promissory notes, soliciting and then misappropriating substantial amounts of investor funds, and using some remaining investor funds to pay off redeeming investors.

As part of the scheme, Santillo and others travelled the country and bought books of business from investment professionals such as registered representatives and investment advisors. 

In the Middle District of Pennsylvania, Santillo, Law and those who aided and abetted them purchased a book of business from an investment advisor and conducted their fraud scheme under the guise of an “investment business” located in Scotrun, Monroe County, using various business names, including Advice and Life Group, Poconos Investments, First American Securities, and Financial Planners Group of America. 

Santillo and Law, with the help of others, then solicited investors from within those acquired books of business to withdraw money from traditional investments such as annuities, and reinvest the funds in issuers controlled by Santillo and others, including First Nationle, Percipience, and United RL, sometimes without disclosing that Santillo and his confederates controlled those issuers.

Through offering documents, company websites, and in-person pitches, Santillo and his confederates, including Law, falsely indicated that investments would be used to fund legitimate businesses.  However, rather than use investors’ funds for purported legitimate business purposes, Santillo and his confederates misappropriated vast amounts of the funds for their personal use and used some of the funds to pay redeeming investors to perpetuate the Ponzi scheme.  Santillo, Law, and their associates also misrepresented the ongoing performance – or lack thereof – of investors’ investments.  Santillo, Law, and others provided account statements to investors falsely stating that investor funds were invested, falsely stating investment returns, and in some cases falsely stating that a bonus had been credited to investor accounts.  In certain instances, Santillo and others provided investors with bonus funds or interest payments, and in other cases Santillo and others provided redeeming investors with all or part of their funds, at times with returns.  These were Ponzi payments derived from new investor funds rather than actual investment returns.  In other cases, Santillo and others failed to fulfill the requests of investors to redeem their investments.

Among the victim investors defrauded in the Middle District of Pennsylvania was an individual with the initials “JP.”  Victim JP first invested $159,000 in First Nationle in September 2015, and invested another $380,000 in June 2016.  In 2017, JP also invested twice in United RL, the first an investment of $20,000 and the second $52,000.  Santillo and confederates also induced JP to invest $325,000 in a third fraudulent issuer.  JP was repaid only $15,000, and was defrauded of the remainder of the $936,000 total investment.  The specific charge in the information to which Santillo pled guilty related to a mailing sent in relation to the fraudulent investments JP was sold by Santillo and his confederates.

The case was investigated by the U.S. Federal Bureau of Investigations; the Securities and Exchange Commission; United States Postal Inspection Service; the Internal Revenue Service, Criminal Investigation Division; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud; the New York State Department of Financial Services; and the Harrisburg Police Department, and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni in Scranton, and Assistant United States Attorney John Field in Rochester.

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

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brett Lamar Heinbach, age 38, of Pine Grove, Pennsylvania, was sentenced on July 27, 2020, to 97 months’ imprisonment followed by four years supervised release by United States District Court Judge Robert D. Mariani, for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking.

According to United States Attorney David J. Freed, between March 8, 2016 and April 9, 2016, Heinbach conspired with other individuals to distribute methamphetamine throughout Schuylkill County. During the conspiracy, Heinbach possessed multiple firearms, one of which had an obliterated serial number.  

The case was investigated by the Pennsylvania State Police, Schuylkill County District Attorney’s Office and Homeland Security and was prosecuted by Assistant U.S. Attorney Jenny P. Roberts.

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 also is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian Larry, age 56, of Clark’s Summit, Pennsylvania, and Jason Pannone, age 39, of North Providence, Rhode Island, were indicted on July 28, 2020, by a federal grand jury on fraud and identity theft offenses.

According to United States Attorney David J. Freed, the indictment alleges that Larry and Pannone, along with other co-conspirators conspired to defraud a Wilkes-Barre based automobile warranty company from approximately January 2014 through October 2018.  The conspirators are alleged to have 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 to obtain payment for the nonexistent repairs, with the conspirators splitting the warranty company’s payments between themselves.  Larry is alleged to have been a claims adjuster at the warranty company who approved of the fraudulent claims in exchange for kickbacks.  Pannone is alleged to have been the owner or employee of three of the garages that submitted fraudulent claims.

Over the course of the conspiracy, the conspirators allegedly obtained in excess of $400,000 in fraudulent proceeds.  In addition to the conspiracy charge, Larry and Pannone also are charged with several counts of wire fraud and aggravated identity theft.  Larry further is charged with mail fraud and with providing false statements to federal agents during the course of the investigation.

Separately, the United States Attorney’s Office unsealed charges against two other alleged co-conspirators.  Herman Cabral, age 61, of Cranston, Rhode Island, was charged in an information with conspiring to commit wire fraud.  Cabral allegedly processed false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile repair shop, A Plus Collision Center LLC.  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.

Matthew Gershkoff, age 63, of North Providence, Rhode Island, was charged in an information with conspiring to commit wire fraud, and with aggravated identity theft.  Gershkoff allegedly prepared and forged false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts.  Gershkoff pleaded guilty to the charges 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.

The case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Phillip J. Caraballo 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 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 – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Dauphin County Prison guard, Addie Isaac Reid, age 24, of Harrisburg, PA, was indicted on July 2, 2020, for bribery related to trying to smuggle a cellular telephone into Dauphin County Prison for inmates.  At the time, Reid was a prison guard at the facility. The case was unsealed following Reid’s initial appearance before United States District Court Judge Sylvia H. Rambo.

According to United States Attorney David J. Freed, the indictment alleges that between August and September 2019, Reid used a cellular telephone to arrange for a meeting where he could receive a bribe. Reid then met with an undercover officer where he accepted a bribe to smuggle a cellular telephone into Dauphin County Prison.

The case was investigated by the Federal Bureau of Investigation with the assistance of Dauphin County Prison and the Dauphin County Criminal Investigation Division. Assistant U.S. Attorney Michael Consiglio is prosecuting the case.

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

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

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jason Monast, age 37, of New Bedford, Massachusetts, was sentenced on July 28, 2020, to 25 years’ imprisonment followed by 10 years on supervised release by United States District Court Judge Malachy E. Mannion, for online enticement of a minor and penalties for registered sex offenders.

According to United States Attorney David J. Freed, between March 1, 2019 and April 11, 2019, as a registered sex offender, Monast used the internet to entice a minor to engage in sexual activity.

The case was investigated by the Federal Bureau of Investigation and the Covington Township Police Department. Assistant U.S. Attorney Jenny P. Roberts prosecuted the case.

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Steven Williams, age 48, of York, Pennsylvania, was sentenced on July 28, 2020, to 30 months’ imprisonment followed by three years of supervised release, by Chief District Court Judge John E. Jones, III, for stealing government property and conspiring to commit that offense.

According to United States Attorney David J. Freed, Williams previously pleaded guilty to conspiring with other individuals to purchase thousands of dollars’ worth of postage stamps from post offices in the Middle District of Pennsylvania and elsewhere.  Williams admitted that to purchase the stamps, he used personal checks, knowing that the funds in his bank account were insufficient to cover the cost of the stamps.  As part of his plea agreement, Williams agreed to pay restitution to the U.S. Postal Service in the amount of $105,875.

The case was investigated by the United States Postal Inspection Service and the Northeastern Regional Police Department.  Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Carlos Correa, age 32, of Shenandoah, Pennsylvania, was sentenced on July 23, 2020, by U.S. District Court Judge Robert D. Mariani to 30 months’ imprisonment for his participation in a  heroin trafficking conspiracy in Schuylkill and Luzerne Counties.

According to United States Attorney David J. Freed, Correa previously pleaded guilty to conspiracy to distribute more than 100 grams of heroin, which is equivalent to more than 4,000 retail bags of heroin. The drug conspiracy operated in the Shenandoah area of Schuylkill County and the Hazleton area of Luzerne County during 2012 through 2015.

The matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Shenandoah Police. Assistant U.S. Attorneys Francis P. Sempa 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 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 that on July 24, 2020, Chyvonne Traver, age 28, and Kayla Clark, age 29, both of Swoyersville, Pennsylvania, were sentenced by United States District Court Judge Robert D. Mariani, for fentanyl trafficking and firearms offenses.  Judge Mariani sentenced Traver to 36 months’ imprisonment and a four-year term of supervised release, and sentenced Clark to 60 months’ imprisonment and a four-year term of supervised release.

According to United States Attorney David J. Freed, Traver and Clark were convicted of conspiring to distribute between 100 and 300 grams of a fentanyl mixed with acetyl fentanyl, which is equivalent to approximately 50,000 to 150,000 potentially lethal individual doses of fentanyl, in June and July 2018. Traver also was convicted of possessing a firearm as a convicted felon, and Clark also was convicted of possessing a stolen firearm.  Judge Mariani ordered the forfeiture of the firearm seized during the investigation.

A codefendant, Jhaquil Moore, previously was convicted of conspiring to distribute fentanyl, and was sentenced to 60 months’ imprisonment and a four-year term of supervised release.  Another individual, Corey Foster, was charged in a separate indictment with trafficking fentanyl.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne Country Drug Task Force, and the Kingston Police Department.  Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.

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

This case was also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

This case further 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 that Arminda Martin, age 49, formerly of York County, Pennsylvania, was sentenced on July 28, 2020, to 12 months’ and one day imprisonment to be followed by two years of supervised release, by Chief District Court Judge John E. Jones, III, for conspiring to commit mail fraud. The sentence represents a downward adjustment of approximately 32 months to account for prison time that Martin has served for a related fraud scheme in Ohio.

According to United States Attorney David J. Freed, Martin, along with her husband, Theodore Martin, owned and operated Suburban Memorial Gardens Cemetery in Dover, Pennsylvania. The Martins previously pleaded guilty to conspiring to defraud hundreds of their customers out of approximately $500,000.  The Martins admitted that instead of applying customer payments to cemetery services and products, they embezzled the money for their own personal gain, including for gambling.

Theodore Martin was sentenced earlier this year to 13 months’ imprisonment.         

The case was investigated by the United States Department of Veterans Affairs Office of Inspector General, the Federal Bureau of Investigation, and the Northern York County Regional Police Department.  Assistant U.S. Attorneys Carlo D. Marchioli and Joseph J. Terz prosecuted the case.

# # #

Harrisburg - U.S. Attorney David J. Freed recognizes the 30th anniversary of the passage of the Americans with Disabilities Act of 1990 (ADA), which was signed into law by President George H.W. Bush on July 26, 1990.  At the signing ceremony, President Bush stated the ADA “signals the end to the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life.”

Thirty years later, the ADA is a transformative law that prohibits discrimination on the basis of disability in places of public accommodation, including all hotels, restaurants, retail stores, theaters, health care facilities, convention centers, parks, and places of recreation (Title III), in all activities of state and local governments (Title II), and in employment (Title I).  The ADA empowers the Department of Justice to investigate, litigate, and resolve complaints of discrimination as well as authorizing the Government to conduct compliance reviews of covered entities.

According to United States Attorney David J. Freed, because of measures taken to enforce the ADA, the United States Attorney’s Office has worked with the Commonwealth and local governments, as well as area business to ensure compliance with the antidiscrimination provisions of the ADA.  In particular, this Office has taken a leading role in the United States to ensure individuals with disabilities can exercise their right to vote in person at polling places in the Middle District of Pennsylvania.  

"We remain committed to eliminating segregation and exclusion of persons with disabilities from the mainstream of American life," said US Attorney Freed.  "This Office will continue to investigate and enforce the ADA to ensure that those with disabilities are free from barriers to vote, to attend school, to visit a place of public accommodation, and to participate in the democratic process at state and local government buildings.” 

For more information about the ADA, please visit www.ADA.gov.  Anyone who has experienced discrimination in violation of the ADA, should contact the Civil Rights coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing usapam.civil.rights@usdoj.gov. 

# # #

Harrisburg - U.S. Attorney David J. Freed recognizes the 30th anniversary of the passage of the Americans with Disabilities Act of 1990 (ADA), which was signed into law by President George H.W. Bush on July 26, 1990.  At the signing ceremony, President Bush stated the ADA “signals the end to the unjustified segregation and exclusion of persons with disabilities from the mainstream of American life.”

Thirty years later, the ADA is a transformative law that prohibits discrimination on the basis of disability in places of public accommodation, including all hotels, restaurants, retail stores, theaters, health care facilities, convention centers, parks, and places of recreation (Title III), in all activities of state and local governments (Title II), and in employment (Title I).  The ADA empowers the Department of Justice to investigate, litigate, and resolve complaints of discrimination as well as authorizing the Government to conduct compliance reviews of covered entities.

According to United States Attorney David J. Freed, because of measures taken to enforce the ADA, the United States Attorney’s Office has worked with the Commonwealth and local governments, as well as area business to ensure compliance with the antidiscrimination provisions of the ADA.  In particular, this Office has taken a leading role in the United States to ensure individuals with disabilities can exercise their right to vote in person at polling places in the Middle District of Pennsylvania.  

"We remain committed to eliminating segregation and exclusion of persons with disabilities from the mainstream of American life," said US Attorney Freed.  "This Office will continue to investigate and enforce the ADA to ensure that those with disabilities are free from barriers to vote, to attend school, to visit a place of public accommodation, and to participate in the democratic process at state and local government buildings.” 

For more information about the ADA, please visit www.ADA.gov.  Anyone who has experienced discrimination in violation of the ADA, should contact the Civil Rights coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing usapam.civil.rights@usdoj.gov. 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Ashley Borough Police Officer, Mark Icker, age 30, was sentenced on July 24, 2020, by U.S. District Court Judge Malachy E. Mannion to 15 years’ imprisonment for violating the civil rights of two females in custody whom he sexually assaulted.

According U.S. Attorney David J. Freed, Icker worked as a police officer for the Ashley Borough Police Department in December 2018.  On December 3, 2018 and December 10, 2018, Icker, while acting under color of the laws of the Commonwealth of Pennsylvania, willfully deprived two women of their liberty without due process of law, which includes the right to bodily integrity, by coercing the women into engaging in unwanted sexual contact with him.

“The lengthy sentence imposed in this case sends some very important messages,” said U.S. Attorney Freed. “First, that we will not stand for criminal behavior by predators hiding behind a badge. Second, that law enforcement at all levels in the Middle District Of Pennsylvania remains unified in our mission to protect our citizens no matter who the perpetrator is.  Finally, and most important, that when brave survivors stand up to make their voices heard, we will pursue justice for them with whatever it takes. The outstanding work of the investigators in this case and the courage and grace of the victims cannot be overstated.”

“It is hard to comprehend why Mark Icker felt entitled to treat women this way,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “In violating his victims’ bodies, he violated their civil rights. He betrayed not just his sworn oath, but his community and colleagues. We in law enforcement are granted significant authority in order to do our jobs and Icker misused those powers for his own sick gratification. We’re now gratified to see him held accountable.”

“No one is above the law least of all those trusted few who are depended upon to enforce it without fear or favor,” said District Attorney Stefanie Salavantis.  “Our office will not hesitate to prosecute an officer who breaches this sacred trust, violates the law, and uses his badge as a tool to prey upon defenseless citizens particularly women. I want to thank U.S. Attorney David Freed and Assistant U.S. Attorney Michelle Olshefski for their assistance in this case and helping to bring justice to Icker’s victims. While we cannot condemn all law enforcement for the actions of any individual, we also will not ignore misconduct within law enforcement ranks. We know that hundreds of Luzerne County police officers go out every day and protect us under the most intense scrutiny. Hopefully, this step makes it clear once again that crime victims and police officers can expect fair and impartial justice from this Office no matter the cost. The world is a safer place with Icker off the streets and behind bars. His criminal conduct does not cast a pall on the men and women who put their lives on the line every day to protect us.”

Judge Mannion also ordered Icker to comply with the Sexual Offender and Registration Notification Act (SORNA), a national system for the registration of sex offenders.

Icker was terminated from his position with the Ashley Borough P.D. in December 2018.  Icker was also terminated from part-time positions he held with the Sugar Notch and Jessup Police Departments.

This case was investigated by the Scranton Office of the FBI - Philadelphia Division, and Detectives from the Luzerne County District Attorney’s Office.  Prosecution was assigned to Assistant United States Attorneys Michelle Olshefski and Jeffery St. John of the Middle District of Pennsylvania and Trial Attorney Shan Patel of the Civil Rights Division of the U.S. Department of Justice.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Terrell Ike Luster, age 31, of Harrisburg, Pennsylvania, was indicted by a federal grand jury on July 22, 2020, for escape. Luster was taken into custody without incident on July 23, 2020.

According to United States Attorney David J. Freed, the indictment alleges that on July 7, 2020, Luster failed to return to the Capital Pavilion Residential Reentry Center where he was confined for his conviction by the United States District Court for the Middle District of Pennsylvania for unlawful possession of a firearm by a felon, possession of firearm during commission of federal drug charge, and possession with intent to distribute crack cocaine. 

The case was investigated by the United States Marshal Services for the Middle District of Pennsylvania. Assistant U.S. Attorney Jaime Keating is prosecuting the case.

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

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

The maximum penalty under federal law for this offense is 5 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 Marchese, age 28, of Swoyersville, Pennsylvania, was indicted on July 21, 2020, by a federal grand jury for drug trafficking and firearms offenses.

According to United States Attorney David J. Freed, the indictment alleges that between April and May 2020 within the Middle District of Pennsylvania, Marchese conspired to distribute in excess of 50 grams of methamphetamine, distributed methamphetamine, and was in possession of a Ruger LCP .380 handgun and ammunition as a convicted felon. 

The investigation was conducted by the Luzerne County Drug Task Force, the Kingston Police Department and the Bureau of Alcohol, Tobacco and Firearms (ATF).  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, 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. The charge of felon in possession of a firearm carries a maximum sentence of ten years in prison.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Delvin Hutchinson, age 28, of Stroudsburg, Pennsylvania, was indicted on June 23, 2020, by a federal grand jury with making false statements in connection with the purchase of three firearms from federally licensed firearms dealers. The indictment was unsealed following Hutchinson’s recent arrest.

According to United States Attorney David J. Freed, Hutchinson is charged with providing false information regarding the purchase of three firearms from Dunkelberger’s Sports Outfitter, in Stroudsburg, on March 27, 2019 and March 28, 2019. 

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, and the Pocono Mountain Regional Police Department.  Assistant U.S. 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.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

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 these offenses is ten 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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that former Militia Commander, Paul Nicholas, III, age 49, of Harrisburg, Pennsylvania, was sentenced to eight months’ imprisonment followed by three years of supervised release on July 21, 2020, for firearms offenses. 

According to U.S. Attorney David. J. Freed, on February 3, 2018, Nicholas, a previously convicted felon, unlawfully possessed two AR-15 style rifles and a .45 caliber pistol in Enola, plus a Winchester .30 -.30 caliber rifle at his Harrisburg residence.  At the time of his arrest, Nicholas was the commanding officer of the 41st Battalion of the Light Foot Militia in Central Pennsylvania.

Nicholas plead guilty to the charge in August 2018.  Thereafter, Nicholas’ sentencing was placed on hold while an appeal in another similar unlawful firearms possession case was decided by the U.S. Court of Appeals for the Third Circuit. That appeal was resolved in January 2020.

Judge Rambo ordered Nicholas to begin serving his sentence on August 17, 2020.

The case was investigated by the Harrisburg Office of the FBI and was prosecuted by Assistant US Attorney Kim Douglas Daniel.

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 also is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Brownlee, age 42, of Long Pond, Pennsylvania, pleaded guilty on July 16, 2020, before U.S. District Court Judge Malachy E. Mannion, to possessing child pornography

According to United States Attorney David J. Freed, Brownlee admitted that he used a laptop computer to possess and access images of child pornography. Between August 2017 and April 10, 2018, in Monroe County. Brownlee possessed the child pornography while serving a term of supervised release for a previous conviction for receipt and distribution of child pornography.

Judge Mannion ordered a presentence investigation to be completed. Sentencing will be scheduled at a later date.

The case was investigated by the Federal Bureau of Investigation and the U.S. Probation Office. Assistant United States Attorney Francis P. Sempa is prosecuting the case.

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

The maximum penalty under federal law for the offenses is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 10 years’ imprisonment because of Brownlee’s prior conviction for a child pornography crime. 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 James R. Bell, age 28, of Newark, New Jersey, was indicted on July 14, 2020, by a federal grand jury with drug distribution resulting in death.

According to United States Attorney David J. Freed, the Indictment alleges that Bell conspired with others to knowingly and intentionally distribute and possess with intent to distribute controlled substances, fentanyl and heroin, within the Middle District of Pennsylvania, resulting in the death of a person. 

The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, the Monroe County District Attorney’s Office, and the Pennsylvania State Police.  Assistant United States Attorney Michelle Olshefski is prosecuting the case.

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

This case is 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.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.  In this case, the maximum penalty under the federal statute for drug distribution resulting in death is life imprisonment.

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Nascent Devices, Inc. (Nascent) has agreed to pay the United States $70,000 to resolve potential liability under the False Claims Act.

According to U.S. Attorney David J. Freed, the investigation arose from Nascent’s conduct with respect to a Small Business Technology Transfer (STTR) award received from the National Science Foundation.  It is alleged that Nascent improperly charged unallowable and unallocable costs toward the award, applied a significantly higher overhead rate to account for underspending, and provided false certifications on its final report cover page in 2015.

“Potential false claims under grant programs such as the Small Business Technology Transfer program from the National Science Foundation, impact citizens and potential grant recipients alike,” said U.S. Attorney Freed.  “It is vital that we hold grantees accountable.  Our ACE Unit works closely together with a variety of federal agencies to ensure compliance and responsible stewardship of federal funds.”

“The National Science Foundation is a strong supporter of the Small Business Technology Transfer program,” said Allison Lerner, National Science Foundation Inspector General. “However, the Foundation expects grant recipients to abide by the award terms and conditions, including the federal cost principles. Expenses charged to grants must be allowable, allocable and reasonable.  Similarly, awardees cannot significantly underspend awards and keep the surplus funds without consequence. I commend the U.S. Attorney’s Office for their work on upholding federal grant rules in this case.”

This Settlement Agreement is neither an admission of liability by Nascent nor a concession by the United States that its claims are not well founded.

This case was investigated by the NSF Office of Inspector General.   The investigation was handled by Assistant United States Attorney, Tamara J. Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Philip Finn, Jr., age 50, of Plains, Pennsylvania, was sentenced on July 9, 2020 to 10 years’ imprisonment followed by three years supervised release by United States District Court Judge Malachy E. Mannion, for use of fire to commit stalking.

According to United States Attorney David J. Freed, on March 6, 2017, Finn threw three Molotov cocktails to set fire to the Luzerne County Children and Youth Building to harass and intimidate two Children and Youth Employees.  Finn also used Facebook, Google and his cell phone in harassing the employees.

Judge Mannion also ordered Finn to pay $398,756 in restitution for the fire and water damage to the building.

The case was investigated by the Federal Bureau of Investigation (FBI), the Wilkes-Barre City Police Department and the Luzerne County District Attorney’s Office.  Assistant U.S. Attorney Jenny P. Roberts prosecuted the case.

# # #

HARRISBURG - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Jared Bishop Heisey, age 30, of Etters, Pennsylvania, was indicted on July 1, 2020, for abusive sexual contact without consent and simple assault. 

According to United States Attorney David J. Freed, the indictment alleges that Heisey, former supervisor at the Distribution Defense Logistics Agency on Naval Services Activity in Mechanicsburg, engaged in unwanted sexual contact in July, August, and November 2019, of an employee of the United States Government while she was engaged in the performance of her official duties.

The case was investigated by Naval Criminal Investigative Services and is being prosecuted by Assistant U.S. Attorney Jaime Keating.

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 each Sexual Abuse charge is two years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law the Simple Assault charge is one year of 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 Laquanna Bacote, age 25, of Wilkes-Barre, Pennsylvania, pleaded guilty on July 7, 2020, before U.S. District Court Judge Malachy E. Mannion to conspiring with others to make false statements in connection with the acquisition of firearms from federal-licensed firearm dealers in Luzerne and Northampton Counties between April and October of 2019.

According to United States Attorney David J. Freed, Bacote admitted to conspiring with others to purchase 14 guns for another person while falsely claiming to be the actual purchaser of the firearms. Bacote made false statements on federal firearms forms to purchase firearms and unlawfully obtain firearms from H & H Tactical in Exeter, Pennsylvania and NJT Arms in Northampton, Pennsylvania. 

Judge Mannion ordered a pre-sentence investigation. Sentencing will be scheduled at a later date.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Francis P. Sempa 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.

The maximum penalty under federal law is five 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 Na’Deardra Mayhams, age 28, of Wilkes-Barre, Pennsylvania, was sentenced on July 7, 2020 to 66 months’ imprisonment and three years of supervised release by United States District Court Judge Malachy E. Mannion, for heroin and crack cocaine trafficking and firearms offenses.

According to United States Attorney David J. Freed, between February 2016 and May 2016, Mayhams was a member of a drug ring that distributed heroin and crack cocaine in the Wilkes-Barre area.  Mayhams personally sold narcotics to a confidential informant, and a search of her residence recovered heroin, crack cocaine, and a firearm.  A search warrant of the residence of Mayhams’s codefendants recovered a second firearm registered in her name.  Mayhams pleaded guilty to trafficking five grams of crack cocaine and 40 grams of heroin, the latter of which is the equivalent of approximately 1,600 potentially fatal doses of heroin, and for possessing firearms in furtherance of her drug dealing activities.

Four other members of the drug ring previously were sentenced:

• Davon Beckford, of Wilkes-Barre, was sentenced to time served of approximately 13 months of imprisonment and three years of supervised release.  After violating the terms of his supervised release, Beckford was sentenced to an additional 6 months’ imprisonment.
• Jaquan Henderson, of Wilkes-Barre, was sentenced to 96 months’ imprisonment and three years of supervised release.
• Stephanie Walter, of Sugar Notch, Pennsylvania, was sentenced to two years of probation.
• Al Dunlap, of Wilkes-Barre, was sentenced to 108 months’ imprisonment and three years of supervised release.

A sixth defendant, Truman Jones, was convicted at trial in December 2019 and awaits sentencing.

The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, the Wilkes-Barre Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police.  Assistant United States Attorneys Phillip J. Caraballo and Jenny Roberts 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 also is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

This case further 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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kearon Brinson, age 40, of West Nanticoke, Pennsylvania, and Lamont Hubbard, age 49, of Plymouth, Pennsylvania, were indicted on June 30, 2020, by a federal grand jury on drug trafficking and ammunition charges.

According to United States Attorney David J. Freed, the indictment alleges that Brinson and Hubbard conspired to traffic in excess of 40 grams of fentanyl between January 2019 and February 2020 in Luzerne County.  Brinson was charged with possessing with the intent to distribute crack cocaine, and Hubbard with possessing with the intent to distribute fentanyl, both on February 24, 2020.  Hubbard also was charged with possessing ammunition as a convicted felon.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne Country Drug Task Force, and the Kingston Police Department.  Assistant U.S. Attorney Phillip J. Caraballo 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

This case further 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 the most serious drug offense is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for the ammunition offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Vincent Ingino, age 28, of Stroudsburg, Pennsylvania was sentenced on July 1, 2020, to 300 months’ imprisonment followed by three-years supervised release by U.S. District Court Judge Malachy E. Mannion for distributions of controlled substances resulting in two deaths.

According to United States Attorney David J. Freed, Ingino was convicted by a jury in February 2020 on two counts of knowingly and intentionally distributing controlled substances that included a mixture of fentanyl and heroin, causing the deaths of two individuals.  In August 2018, Ingino drove to Patterson, New Jersey to obtain bundles of heroin for resale in the Stroudsburg area. Ingino first sold fentanyl laced heroin to a 24-year-old male on August 10, 2018; he made another sale of fentanyl laced heroin to a 28-year-old male on August 11, 2018.  Both men were found dead by friends and family the day after Ingino’s sales of drugs to them.    

At sentencing, members of both families made moving statements to the Court, which Judge Mannion acknowledged. 

The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, the Pennsylvania State Police, and detectives from the Monroe County District Attorney’s Office. The case was prosecuted by Assistant U.S. Attorneys Michelle Olshefski and Jenny Roberts.

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

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brooke Shaeffer, age 24, of Harrisburg, Pennsylvania, was sentenced on June 30, 2020, by the Honorable Jennifer P. Wilson to five years of probation for stealing from Members 1st Federal Credit Union. 

According to United States Attorney David J. Freed, Shaeffer previously pleaded guilty to the crime and admitted that in March 2017, she stole approximately $19,599 while employed as a teller at the credit union’s branch in Hummelstown, Pennsylvania.

Full restitution in the amount of $19,599 was made prior to sentencing.

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Amanda Boyle, age 37, of Sweet Valley, Pennsylvania, pleaded guilty on June 29, 2020, before U.S. District Court Judge Robert D. Mariani, to conspiracy to distribute more than 500 grams of methamphetamine.

According to United States Attorney David J. Freed, Boyle admitted to participating in a conspiracy to distribute between 1.5 kilograms and 5 kilograms of crystal methamphetamine in the Luzerne County area between January 2017 and December 2018.   Boyle was one of five individuals indicted by a grand jury in December 2018 for methamphetamine trafficking in Luzerne, Lackawanna and Schuylkill Counties

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

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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Theodore Martin, age 57, formerly of York County, Pennsylvania, was sentenced today to 13 months’ imprisonment to be followed by two years of supervised release by Chief United States District Court Judge John E. Jones III, for conspiring to commit mail fraud. The sentence represents a downward adjustment of approximately twenty-eight months to account for prison time that Martin has served for a related fraud scheme in Ohio.

According to United States Attorney David J. Freed, Martin, along with his wife Arminda Martin, owned and operated Suburban Memorial Gardens Cemetery in Dover, Pennsylvania. The Martins previously pleaded guilty to conspiring to defraud hundreds of their customers out of approximately $500,000.  The Martins admitted that instead of applying customer payments to cemetery services and products, they embezzled the money for their own personal gain, including for gambling.

Arminda Martin is scheduled to be sentenced on July 28, 2020.         

The case was investigated by the United States Department of Veterans Affairs Office of Inspector General, the Federal Bureau of Investigation, and the Northern York County Regional Police Department.  Assistant U.S. Attorneys Carlo D. Marchioli and Joseph J. Terz prosecuted the case.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge Robert D. Mariani sentenced Raheem Marrow, age 48, of East Stroudsburg, Pennsylvania, to 75 months’ imprisonment and a six-year term of supervised release for heroin trafficking.

According to United States Attorney David J. Freed, Marrow pleaded guilty to distributing and possessing with the intent to distribute heroin within 1,000 feet of a protected location.  Marrow sold heroin to an informant on four occasions between June 2016 and March 2017 within 1,000 feet of a school or playground.  A warranted search of Marrow’s residence yielded heroin, packaging materials, and a .22 caliber handgun.  Marrow took responsibility for the heroin and firearm, and admitted to his criminal conduct. 

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

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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jonathan Jacome, age 30, of Mountain Top, Pennsylvania, was sentenced on June 23, 2020, to 169 months’ imprisonment by United States District Court Judge Robert D. Mariani for money laundering conspiracy. 

According to United States Attorney David J. Freed, Jacome was a leader and organizer in a sophisticated scheme that used stolen identities to file fraudulent tax returns in 2011 and 2012, and obtained over $7.7 million in fraudulent federal tax refunds.  Jacome opened three check cashing businesses in Luzerne County solely to carry out the fraud scheme, and through which he processed the fraudulently obtained Treasury checks.  Jacome pleaded guilty pursuant to a plea agreement with the government to a single count of money laundering conspiracy.  As part of that agreement, Jacome admitted that he committed the underlying crimes of theft of public money, wire fraud, and bank fraud. 

Jacome also conspired with others to present false testimony to a federal grand jury investigating the scheme.  The fabricated testimony was intended to hide the fact that Jacome used stolen funds to purchase a house in Mountaintop, and to otherwise shield Jacome from criminal liability.  Jacome’s sentence reflected an enhancement for the obstruction.

Judge Mariani cited the widespread scope of the criminal activity, the degree of dishonesty involved during the scheme and after, and the extensive and intricate efforts to conceal the crimes in imposing the 169-month sentence.  Jacome was also ordered to pay over $7.7 million in restitution and must forfeit certain properties acquired with stolen funds.

The case was investigated by the U.S. Internal Revenue Service and the Hazelton City Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

# # #

HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenneth Hoffman, age 57, of Mechanicsburg, Pennsylvania,

was sentenced on June 23, 2020, by United States District Court Judge Christopher C. Conner to two years’ probation and to pay a $9,700 fine for structuring cash deposits.  

According to United States Attorney David J. Freed, between 2014 and 2017, Hoffman deposited over $2 million in cash into various bank accounts which were just below $10,000 to avoid having his cash deposits reported to federal authorities. 

Judge Conner recognized the remedial steps Hoffman took since the IRS began their investigation in 2017.  When the IRS initiated the case, Hoffman worked closely with outside professionals to reform his business practices. In addition, he has filed amended returns with appropriate taxing authorities to remedy prior deficiencies.

The case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.

# # #

HARRISBURG – U.S. Attorney David J. Freed and the Department of Justice‘s Office of Community Oriented Policing Services (COPS Office) announced nearly $42 million in funding to support state-level law enforcement agencies in combating the illegal manufacturing and distribution of methamphetamine, heroin, fentanyl, carfentanil, and prescription opioids. 

According to U.S. Attorney David J. Freed, in the Middle District of Pennsylvania, the Pennsylvania State Police will receive over $1.5 million in funding to support investigations into trafficking in heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids.

“On a daily basis, we work closely with our partners at the Pennsylvania State Police to investigate and dismantle drug trafficking organizations that are preying upon our citizens,” said U.S. Attorney Freed.  “I am very pleased that the COPS program has recognized the great work of PSP and is supporting our joint efforts to fight these highly addictive and often deadly substances by providing over 1.5 million dollars in funding.  The Department of Justice clearly recognizes that 85 percent of law enforcement across the country is state and local and that there is no daylight between our shared missions.”

“Drug traffickers exploit the heroin and opioid epidemic to create sophisticated criminal enterprises that put our communities at risk,” said Colonel Robert Evanchick, Commissioner of the Pennsylvania State Police. “The funding announced today will help the state police continue to collaborate with our local law enforcement partners to identify and dismantle these organizations and disrupt the flow of illicit drugs into Pennsylvania.”

“The scourge of opioid and methamphetamine use continues to take a devastating toll on our nation’s communities,” said COPS Office Director Phil Keith.  “By providing these resources to law enforcement to help combat the further spread, the COPS Office is demonstrating our commitment to this Administration’s priority of reducing drug use and protecting our citizens from this public health and safety crisis.”

Drug overdose deaths and opioid-involved deaths continue to increase in the United States.  Deaths from drug overdose are up among both men and women, all races, and adults of nearly all ages, with more than three out of five drug overdose deaths involving an opioid.  More than 130 people die every day in the United States after overdosing on opioids, while methamphetamine continues to be one of the most commonly misused stimulant drugs in the world and is the drug that most contributes to violent crime.

The COPS Office is awarding more than $29.7 million in grant funding to 14 state law enforcement agency task forces through the Anti-Heroin Task Force Program (AHTF).  AHTF provides three years of funding directly to state-level law enforcement agencies with multijurisdictional reach and interdisciplinary team (e.g., task force) structures, in states with high per capita rates of primary treatment admissions for heroin, fentanyl, carfentanil, and other opioids.  This funding will support the location or investigation of illicit activities through statewide collaboration related to the distribution of heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids.

• Pennsylvania State Police will receive $1,504,576 million in funding.

Through the COPS Anti-Methamphetamine Program (CAMP), the COPS Office is also awarding $12 million to 12 state law enforcement agencies.  These state agencies have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures.  State agencies are being awarded three years of funding through CAMP to support the location or investigation of illicit activities related to the manufacture and distribution of methamphetamine, including precursor diversion, laboratories, or methamphetamine trafficking.

The AHTF and CAMP funding has a tremendous impact on state investigative and seizure work.  During the five month period between October 2019 and February 2020, current AHTF grantees reported the seizure of over $4 million in cash and 1,213 firearms.  Similarly, for CAMP, grantees reported seizures of more than $7 million in cash and 1,577 firearms.

The complete list of Anti-Heroin Task Force Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/ahtf-award

The complete list of COPS Anti-Methamphetamine Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/camp-award

The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 135,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury returned a superseding indictment on June 16, 2020, charging Michael Laury, age 41, formerly of Wilkes-Barre, Pennsylvania, with additional offenses for a methamphetamine laboratory.

According to United States Attorney David J. Freed, the superseding indictment charges Laury with managing a drug premises, a methamphetamine conspiracy, with giving a false statement to federal law enforcement officials.  The charges stem from a methamphetamine laboratory that law enforcement officials shuttered at Laury’s residence in June 2017.  Laury also is charged with lying to FBI agents about his knowledge of the methamphetamine laboratory.

The matter was investigated by the FBI, the Pennsylvania State Police, and the Wilkes-Barre Police Department.  Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.

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

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

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

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

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Randell Bruton-Scott, age 33, of West Hazleton, Pennsylvania, was indicted on June 16, 2020, by a federal grand jury with crack cocaine trafficking and firearms offenses.

According to United States Attorney David J. Freed, the indictment charges Bruton-Scott with distributing crack cocaine on five different occasions, and with possessing with the intent to distribute more than 28 grams of crack cocaine, in May and June of 2019.  Bruton-Scott also is charged with possessing a firearm in furtherance of his narcotics trafficking and with being a felon in possession of firearms and ammunition.

The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosive, the Luzerne County Drug Task Force, and the West Hazleton Police Department.  Assistant United States Attorney Phillip J. Caraballo 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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.

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

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