FEDERAL DISTRICT ARCHIVE
Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Lancaster Woman Sentenced to 45 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 20, 2019, United States District Court Judge Robert D. Mariani sentenced Myrna Echevarria-Jiminez, age 44, of Lancaster, Pennsylvania, to 45 months’ imprisonment followed by four years of supervised release for drug trafficking.
According to United States Attorney David J. Freed, Ecchevaria-Jiminez pled guilty to a conspiracy to distribute and possess with intent to distribute cocaine, and admitted responsibility for one kilogram of cocaine as part of that conspiracy. Several co-conspirators have also pled guilty and are pending sentencing. Codefendant Luis Enrique Martinez-Ortiz, a/k/a “Chino,” was previously sentenced to 87 months in prison. Ecchevaris-Jiminez’a sentence includes a 4-year term of supervised release after her prison term.
The case was investigated by the U.S. Drug Enforcement Administration (DEA), Wilkes-Barre Police Department, and Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni 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.
# # #
Allentown Man Sentenced to 55 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 19, 2019, Malcom Wilfong, age 28, of Allentown, Pennsylvania, was sentenced by U.S. District Court Judge Robert D. Mariani to 55 months’ imprisonment for participating in a methamphetamine trafficking conspiracy that operated in Schuylkill and Berks Counties.
According to United States Attorney David J. Freed, Wilfong previously pleaded guilty to conspiracy to distribute more than 500 grams of methamphetamine between July 2016 and May 2017.
Wilfong is the fourth defendant connected to the methamphetamine ring to be sentenced in federal court. Anibal Rodriguez, the leader of the drug conspiracy, was previously sentenced to 20 years’ imprisonment. Ernest Schaeffer received a 15-year prison sentence. David Castro was sentenced to 57 months’ imprisonment.
The matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Shenandoah Police Department. Assistant U.S. Attorney 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.
# # #
U.S. Attorney’s Office Collects over $15 Million in Civil and Criminal Actions in Fiscal Year 2019Read the Press Release
HARRISBURG - U.S. Attorney David J. Freed announced today that the Middle District of Pennsylvania collected $15,249,331 in criminal and civil actions in Fiscal Year 2019. Of this amount, $2,431,898 was collected in criminal actions and $12,817,433 was collected in civil actions.
Additionally, the Middle District of Pennsylvania worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $1,447,320 in cases pursued jointly by these offices. Of this amount, $13,767 was collected in criminal actions and $1,433,552 was collected in civil actions.
“The United States Attorney’s Office for the Middle District of Pennsylvania is dedicated to the protection of our fellow law-abiding citizens, whether we are battling the scourge of drugs and violent crime or attacking scams designed to defraud government agencies,” said U.S. Attorney Freed. “The diligent efforts of our hard working attorneys and staff have again resulted in our collections far exceeding our office budget. In addition, our successes in the realm of asset forfeiture provide direct benefits to crime victims and strong support of numerous law enforcement initiatives.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s Office in the Middle District of Pennsylvania, working with partner agencies and divisions, collected $70,977,344 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
# # #
Luzerne County Man Sentenced to Six Years’ Imprisonment for Fentanyl and Firearms OffensesRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Banks, age 33, formerly of Sugar Notch, Pennsylvania, entered a guilty plea on December 18, 2019, before Senior U.S. District Court Judge A. Richard Caputo, to charges of possession with intent to distribute fentanyl and possession of a firearm in furtherance of drug trafficking. Banks was then immediately sentenced to six years’ imprisonment.
According to United States Attorney David J. Freed, Banks was indicted by a grand jury in February 2018, after an incident in which police were called to a Wilkes-Barre hotel and found Banks in possession of a firearm and several packets of heroin. In a separate incident, members of the Wilkes-Barre Police Department made a traffic stop of a vehicle in which Banks was an occupant and found Banks in possession of approximately 19 grams of fentanyl for further distribution. Nineteen grams of fentanyl is equivalent to approximately 9,500 individual doses.
The case was investigated by the Bureau of Alcohol, Tobacco and Firearms (ATF) and the Wilkes-Barre Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was 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.
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. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: [list partners here]. For more information about Project Guardian, please see https://www.justice.gov/opa/pr/attorney-general-william-p-barr-announces-launch-project-guardian-nationwide-strategic-plan.
# # #
Wilkes-Barre Man Sentenced to 98 Months’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 17, 2019, United States District Court Judge A. Richard Caputo sentenced Nigel Deshawn Velardo, age 23, of Wilkes-Barre, Pennsylvania, to 98 months’ imprisonment and a four-year term of supervised release, for being in possession with intent to distribute fentanyl and possession of firearms in furtherance of drug trafficking.
According to United States Attorney David J. Freed, on March 8, 2019, Velardo was found in possession of fentanyl and five semi-automatic handgun-style firearms, which were seized pursuant to a search warrant in Wilkes-Barre.
The case was investigated by the Federal Bureau of Investigation and the Wilkes-Barre Police Department. Assistant U.S. Attorney Jeffery St John 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.
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. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: [list partners here]. For more information about Project Guardian, please see https://www.justice.gov/opa/pr/attorney-general-william-p-barr-announces-launch-project-guardian-nationwide-strategic-plan.
# # #
Luzerne County Woman Sentenced to 66 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 17, 2019, Victoria Kraynak, age 28, of Luzerne, Pennsylvania, was sentenced to 66 months’ imprisonment and five years of supervised release, by United States District Court Judge Malachy E. Mannion, for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Kraynak pleaded guilty to conspiring to distribute controlled substances in Pennsylvania, from approximately November 2015 through March 2017. Kraynak admitted to working as a drug dealer in the conspiracy, to transporting drugs from New York to Pennsylvania for redistribution, to possessing firearms, and to supervising other members of the conspiracy. Kraynak admitted to trafficking in excess of 840 grams of crack cocaine, fentanyl, and in excess of 1 kilogram of heroin, the latter of which is the equivalent of 40,000 potentially fatal doses of heroin.
Kraynak was charged in June 2017 with 14 other individuals. All of her co-defendants have pleaded guilty, with 13 others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months’ imprisonment;
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment;
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days’ imprisonment;
- William Waring of Bronx, New York, was sentenced to 60 months’ imprisonment;
- John Maybank of Bronx, New York, was sentenced to 53 months’ imprisonment;
- Siobhan Daniels, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months’ imprisonment;
- Luis Nevarez, of Bronx, New York, was sentenced to 60 months’ imprisonment;
- Adonis Smith, of New London, Connecticut, was sentenced to 60 months’ imprisonment;
- Cara Dubaskas, of Plymouth, Pennsylvania, was sentenced to a time served sentence of seven months;
- Chad Eckrote, of Plymouth, Pennsylvania, was sentenced to three years of probation;
- Adam Gottstein, of Kingston, Pennsylvania, was sentenced to 78 months’ imprisonment; and
- Amanda Romano, of Wilkes-Barre, Pennsylvania, was sentenced to 84 months’ imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne County Drug Task Force, and by the Kingston Police Department. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been 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 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.
# # #
Luzerne County Man Sentenced to 50 Month’s Imprisonment for Drug TraffickingRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 13, 2019, United States District Court Judge Robert D. Mariani sentenced Felix Silva, a/k/a Carlos Santana, a/k/a Hector Borero, age 51, a former resident of Hazleton, Pennsylvania, to 50 months’ imprisonment for drug trafficking.
According to United States Attorney David J. Freed, Silva was apprehended by the Pennsylvania State Police during a traffic stop on Interstate 81 in December 2017. A search of the vehicle with the assistance of a drug sniffing canine resulted in the seizure of more than 700 grams of heroin found concealed in a trap inside the door of Silva’s vehicle. Seven-hundred grams of heroin is approximately equivalent to 28,000 retail bags of heroin.
The investigation was conducted by the Drug Enforcement Administration – Scranton, and the Pennsylvania State Police. Assistant United States Attorney Michelle Olshefski prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
# # #
Carbon County Man Sentenced to 100 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 16, 2019, United States District Court Judge James M. Munley sentenced Donald Fritz, Jr., age 48, of Palmerton, Pennsylvania to 100 months’ imprisonment and five years of supervised release, for crystal methamphetamine trafficking and for possessing firearms in furtherance of his drug trafficking offense.
According to United States Attorney David J. Freed, Fritz sold crystal methamphetamine in the Palmerton area in June and July 2015. During a search warrant executed at Fritz’s residence, law enforcement recovered over one kilogram of high-purity crystal methamphetamine, six firearms and associated ammunition, an explosive device, $1,200 in counterfeit currency, and over $29,000 in cash, all of which was seized and forfeited. The forfeited firearms were:
- Taurus .357 magnum;
- Walther PPK .380 ACP;
- Hi Point Model JCP .40 caliber, bearing a defaced serial number;
- Heritage .17 caliber revolver;
- Marlin .22 caliber rifle; and
- Traditions .50 caliber inline muzzleloader.
The matter was investigated by Homeland Security Investigations and the Pennsylvania Office of the Attorney General. 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.
# # #
Justice Department Awards More Than $333 Million to Fight Opioid CrisisRead the Press Release
$ 2,689,009 Will Support Efforts to Combat Drugs and Crime in the Middle District of Pennsylvania
Harrisburg - The Justice Department’s Office of Justice Programs announced on December 13, 2019, awards of more than $333 million to help communities affected by the opioid crisis. $2,689,009 will help public safety and public health professionals in the Middle District of Pennsylvania combat substance abuse and respond effectively to overdoses. OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan made the announcement during a visit with local, state and federal officials in West Virginia, one of the states hardest hit by the epidemic.
“The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless,” said PDAAG Sullivan. “This epidemic—the most deadly in our nation’s history—is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time.”
With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance, forensic science services and research—to help save lives and break the cycle of addiction and crime.
“The opioid crisis – both a crime issue and a public health issue – has severely impacted the lives of the citizens of the Middle District of Pennsylvania,” said U.S. Attorney David Freed. “These sorely needed funds will allow our devastated communities to forge local solutions that work for their specific areas, and foster understanding of the best methods to prevent overdoses and save lives. We in the United States Attorney’s Office are proud to collaborate with our state and local partners as they implement their programs.”
The awards announced today support an array of activities designed to reduce the harm inflicted by these dangerous drugs. Grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs and support opioid-related research.
The following Comprehensive Opioid Abuse Site-based program awards were made to organizations in the Middle District of Pennsylvania:
- Lackawanna County District Attorney’s Office - $900,000
- Wyoming County - $600,000
- York County - $1,189,009
Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
# # #
Harrisburg Woman Charged with Credit Union TheftRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brooke Shaeffer, age 24, of Harrisburg, Pennsylvania, was charged in a criminal information with theft of funds on December 9, 2019.
According to United States Attorney David J. Freed, the information alleges that in March 2017, Shaeffer stole approximately $19,599 from the Members 1st Federal Credit Union while employed as a teller.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
Criminal informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for ten years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
New York Man Sentenced to 72 Months’ Imprisonment for Child Exploitation OffensesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge Matthew W. Brann sentenced Leonard Lewis, age 58, of New York City, New York, to 72 months’ imprisonment and three years of supervised release on December 5, 2019, for the production and distribution of obscene visual representations of the sexual abuse of children.
According to United States David J. Freed, Lewis created images depicting sexual acts by placing the image of a minor on photographed bodies of adult men engaged in sexual activity. He then sent these images to the minor along with marijuana, solicited the minor to take photographs of himself to send to Lewis, and attempted to entice the minor to travel to New York to have sex with Lewis.
The matter was investigated by the United States Postal Service. Assistant United States Attorneys Chelsea Schinnour and Geoffrey MacArthur prosecuted the case
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
# # #
Luzerne County Man Sentenced to Six Years’ Imprisonment for Cocaine TraffickingRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lee Crawford, age 58, formerly of Kingston, Pennsylvania, was sentenced on December 6, 2019, by Senior U.S. District Court Judge A. Richard Caputo, to 72 months’ imprisonment and four years on supervised release for cocaine trafficking.
According to United States Attorney David J. Freed, Crawford previously pleaded guilty in July 2019, for distributing cocaine to another individual in Luzerne County in 2013.
The case was investigated by the Bureau of Alcohol, Tobacco and Firearms (ATF) and the Kingston Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
# # #
Luzerne County Man Pleads Guilty to Theft of MailRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Mark Kerpovich, age 29, of Shavertown, Pennsylvania, pleaded guilty on December 6, 2019, before U.S. District Court Senior Judge A. Richard Caputo to theft of mail.
According to United States Attorney David J. Freed, Kerpovich admitted to stealing mail between October 2017 and October 2018. The thefts were discovered after postal customers in Hanover Township, Luzerne County, complained about mail that was not received and/or mail that was received with contents missing. Some of the missing contents included cash, gift cards, and lottery tickets.
The case was investigated by the United States Postal Service, Office of Inspector General. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
Judge Caputo ordered that a presentence investigation take place. Sentencing is scheduled for May 1, 2020.
The maximum penalty for the charge under federal law is up to five years in prison, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Philadelphia Man Charged for Failure to Report for Service of His SentenceRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Warren Johnson, age 28, of Philadelphia, Pennsylvania, was indicted on December 3, 2019, by a federal grand jury on charges of failure to appear at the Bureau of Prisons for the commencement of his previously imposed sentence.
According to United States Attorney David J. Freed, Johnson was sentenced to a term of 78 months’ imprisonment on October 30, 2019 on a charge of possession with intent to distribute a controlled substance (methamphetamine, cocaine and heroin) to which he had previously pleaded guilty. Johnson, who was on bail at the time of his sentencing, asked the court for permission to surrender to prison on November 15, 2019 so that he could take an electricians’ exam. Instead of reporting to prison as required on that date, Johnson allegedly cut his electronic ankle bracelet monitor and was at large until his arrest by Philadelphia Police on November 23, 2019.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Geoffrey W. MacArthur is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this 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.
# # #
California Man Guilty of Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Saul Carrasco, age 35, of Simi Valley, California, pleaded guilty on December 3, 2019, before U.S. District Court Judge Malachy E. Mannion, to conspiracy to distribute and possess with intent to distribute more than a kilogram of heroin.
According to United States Attorney David J. Freed, Carrasco admitted to participating in the conspiracy during July through November 2018. Carrasco also admitted that he agreed with others to transport the heroin from California to Carbon County, Pennsylvania. A kilogram of heroin is approximately equivalent to 40,000 retail bags of heroin.
Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing will be scheduled at a later date.
Carrasco was indicted by a grand jury in November 2018, as a result of an investigation by the Drug Enforcement Administration, the Pennsylvania State Police and the Illinois State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law for this offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 10 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Mcadoo Man Convicted of Threatening the President and Others, and of Stolen Vehicle and Firearms OffensesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shawn Christy, age 28, of McAdoo, was convicted on November 26, 2019, by a federal jury on twelve counts involving threats against the President of the United States, transmitting threatening communications, interstate transportation of stolen vehicles, interstate transportation of stolen firearms, interstate transportation of firearms while charged with a felony offense, and unlawful possession of a firearm as a fugitive and as a convicted felon. The seven-day trial was held before U.S. District Court Judge Robert D. Mariani.
According to United States Attorney David J. Freed, the jury deliberated for approximately six hours before finding Christy guilty of all charges.
The evidence showed that arrest warrants were issued for Christy in early June 2018, for his failure to appear for court proceedings in Schuylkill and Northampton Counties, and that while a fugitive Christy posted threats in June 2018 to kill President Trump, Northampton County District Attorney John Morganelli, and any law enforcement officer that sought to detain him.
Christy was apprehended in Ohio on September 21, 2018, after a three-month manhunt by U.S. Marshals, FBI agents, Secret Service agents, and state and local law enforcement from six states. Prosecutors presented evidence that Christy stole and transported two vehicles from Pennsylvania to New York State and West Virginia, stole firearms and transported them from Pennsylvania to Maryland and Kentucky, broke into businesses in Pennsylvania and Maryland, broke into a church in Maryland, and broke into residences in Butler Township, Pennsylvania, and Kentucky.
After the verdict, Judge Mariani ordered a presentence investigation report to be completed and tentatively scheduled sentencing for February 2020. Christy remains in custody pending sentencing.
The case was investigated by the Federal Bureau of Investigation, the United States Secret Service, the United States Marshals Service, U.S. Border Patrol agents, the Pennsylvania State Police, Butler Township Police, Maryland State Police, New York State Police, Allegany County, Maryland Sheriff’s Office, Nitro Police in West Virginia, Richland County Jail Officers in Ohio, Northeastern Ohio Correctional Officials, and the Royal Canadian Mounted Police. Assistant U.S. Attorneys Francis P. Sempa and Sean A. Camoni are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The maximum penalty under federal law for each threat offense is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for each interstate transportation of a stolen vehicle offense is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for each interstate transportation of a stolen firearm offense, and for unlawful possession of a firearm as a fugitive and convicted felon, is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for each interstate transportation of a firearm while charged with a felony offense 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.
# # #
Kingston Woman Sentenced to 72 Months’ Imprisonment for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 25, 2019, Shavonne Saxon, age 32, of Kingston, Pennsylvania, received a sentence of 72 months’ imprisonment and three years of supervised release, by United States District Court Judge Malachy E. Mannion, for distributing crack cocaine, and for possessing a firearm in furtherance of her drug trafficking.
According to United States Attorney David J. Freed, Saxon admitted to working as a drug dealer in 2016 and 2017, and to distributing and possessing with intent to distribute at least 60 grams of crack cocaine and at least 165 grams of cocaine. Saxon also admitted to possessing a firearm in furtherance of her trafficking activities, and the United States seized from her and forfeited a Ruger LCP .380.
Saxon was one of 16 individuals charged in 2017 with various drug trafficking and firearms offenses. All of the defendants have pleaded guilty, with 13 others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months’ imprisonment;
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment;
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days’ imprisonment;
- William Waring of Bronx, New York, was sentenced to 60 months’ imprisonment;
- John Maybank of Bronx, New York, was sentenced to 53 months’ imprisonment;
- Siobhan Daniels, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months’ imprisonment;
- Luis Nevarez, of Bronx, New York, was sentenced to 60 months’ imprisonment;
- Adonis Smith, of New London, Connecticut, was sentenced to 60 months’ imprisonment;
- Cara Dubaskas, of Plymouth, Pennsylvania, was sentenced to a time served sentence of 7 months;
- Chad Eckrote, of Plymouth, Pennsylvania, was sentenced to 3 years of probation;
- Adam Gottstein, of Kingston, Pennsylvania, was sentenced to 78 months’ imprisonment; and
- Amanda Romano, of Wilkes-Barre, Pennsylvania, was sentenced to 84 months’ imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Luzerne County Drug Task Force, and by the Kingston Police Department. Assistant U.S. Attorney Phillip J. Caraballo 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.
# # #
Former Police Officer Pleads Guilty to Sexually Assaulting Two WomenRead the Press Release
The Department of Justice today announced former Ashley Borough Police Officer, Mark Icker, 30, pleaded guilty today before U.S. District Court Judge Malachy E. Mannion to violating the civil rights of two females in his custody whom he sexually assaulted.
The criminal information alleges that Icker worked as a police officer for the Ashley Borough Police Department in December 2018. On Dec. 3, 2018 and Dec. 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 Department of Justice will continue to vigorously prosecute law enforcement officers who exploit their authority to sexually abuse individuals in their custody,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division.
“We count on law enforcement officers at all levels to uphold their oaths, and to serve and protect the public,” said U.S. Attorney David J. Freed for the Middle District of Pennsylvania. “When a line is crossed, and a protector becomes a predator, we must act – swiftly and with certainty. While I am extremely proud of the cooperative efforts of law enforcement in this case, especially my colleagues and partners in the Luzerne County District Attorney’s Office, we are only able to pursue this prosecution because of the bravery of the victims. In a case where one of us in law enforcement did something so very wrong, the innocent victims stood up for what is right. We are proud to seek justice on their behalf.”
“A police officer using his position of authority to sexually exploit women is utterly contemptible,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Mark Icker felt entitled enough to coerce his victims into sex acts. He clearly expected to get away with violating their bodies and their civil rights. The public corruption and civil rights squad at our Scranton Resident Agency was determined to seek justice for the women involved, and keep Icker from harming anyone else in this way.”
Icker was terminated from his position with the Ashley Borough Police Department 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 the Luzerne County District Attorney’s Office. Prosecution is 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.
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 for civil rights violations is 20 years’ imprisonment. The charge also includes a fine and a term of supervised release following any period of incarceration. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant
Former Ashley Borough Police Officer Pleads Guilty to Sexually Assaulting Two WomenRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that former Ashley Borough Police Officer, Mark Icker, age 30, pleaded guilty today before United States District Court Judge Malachy E. Mannion to violating the civil rights of two females in his custody whom he sexually assaulted.
According U.S. Attorney David J. Freed, the criminal information alleges that 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.
In a plea agreement filed with the Court, the Government and Icker agreed to jointly recommend a twelve year sentence of imprisonment. Sentencing was deferred pending the preparation of a pre-sentence report.
“The Department of Justice will continue to vigorously prosecute law enforcement officers who exploit their authority to sexually abuse individuals in their custody,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division.
“We count on law enforcement officers at all levels to uphold their oaths, and to serve and protect the public,” said U.S. Attorney David J. Freed. “When a line is crossed, and a protector becomes a predator, we must act – swiftly and with certainty. While I am extremely proud of the cooperative efforts of law enforcement in this case, especially my colleagues and partners in the Luzerne County District Attorney’s Office, we are only able to pursue this prosecution because of the bravery of the victims. In a case where one of us in law enforcement did something so very wrong, the innocent victims stood up for what is right. We are proud to seek justice on their behalf.”
"A police officer using his position of authority to sexually exploit women is utterly contemptible,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Mark Icker felt entitled enough to coerce his victims into sex acts. He clearly expected to get away with violating their bodies and their civil rights. The public corruption and civil rights squad at our Scranton Resident Agency was determined to seek justice for the women involved, and keep Icker from harming anyone else in this way.”
“The actions of this former officer are in no way indicative of law enforcement of Luzerne County,” said District Attorney Stefanie Salavantis. “Many great men and women have died doing what is right while wearing the badge Mr. Icker has tarnished. As adamant as this office is about standing by police when they pursue justice, we are as determined to defend the Constitution when a sworn officer violates the God-given rights that make this country so great.
On behalf of our office and the people of Luzerne County, we would like to thank U.S. Attorney David Freed, Assistant U.S. Attorneys Olshefski, St. John and Patel, along with the FBI agents whom not only agreed with our assessment of the egregious nature of these offenses, but also worked so closely with us to bring this matter to a swift and just resolution.”
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 the Luzerne County District Attorney’s Office. 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 are 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.
In this case, the maximum penalty for civil rights violations is 20 years’ imprisonment. The charge also includes a fine and a term of supervised release following any period of incarceration. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Philadelphia Men Convicted of Mail Fraud and Identity TheftRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Nana Mensah, age 34, and Patrick Barkers-Woode, age 27, both of Philadelphia, Pennsylvania, were convicted on November 22, 2019, on fifteen counts of mail fraud, four counts of aggravated identity theft, and conspiracy to commit mail fraud and aggravated identity theft after a three-day trial before U.S. District Court Judge Yvette Kane.
According to United States Attorney David J. Freed, Mensah and Barkers-Woode, along with other co-conspirators, some located in West Africa, were involved in an international scheme in which co-conspirators would obtain the personal identification information of identity theft victims and use that information to purchase cellular phones. The conspirators would have the products delivered to homes which appeared vacant. They would then track the delivery of the packages on line, pick up the packages, and eventually resell them. The evidence showed that the conspiracy involved over 270 packages containing over 830 cell phones, valued at over $595,000. The conspiracy took advantage of well over 100 victims.
The case was investigated by Homeland Security Investigations, the Pennsylvania State Police, the Delaware State Police, and the Derry Township Police Department. Assistant U.S. Attorneys Scott R. Ford and Christian Haugsby prosecuted the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
As a result of their convictions, the defendants face a total of 333 years in prison, fines of up to $5,250,000, as well as restitution. 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.
# # #
Chicago and Tennessee Man Convicted for Veteran’s Unemployment Compensation FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Earl Lafayette Hall, III, age 38, previously of Chicago and Arlington, Tennessee, was convicted on Friday, November 22, 2019, by a federal jury on 2 counts of conspiracy, 12 counts of mail fraud, 10 counts of money laundering, and 4 counts of aggravated identity theft. The charges related to a veteran’s unemployment compensation fraud scheme. The five-day trial was held before United States District Court Judge Sylvia H. Rambo in Harrisburg.
According to United States Attorney David J. Freed, Hall was previously sentenced by Judge Rambo to 116 months’ imprisonment on February 16, 2018, and his wife, Renita Blunt, age 35, was previously sentenced to 22 months’ imprisonment on January 17, 2018, following their conviction after a jury trial on March 10, 2017. In that trial, Hall was convicted of conspiracy to commit mail fraud, conspiracy to commit money laundering, mail fraud, money laundering, and aggravated identity theft. Blunt was convicted of conspiracy to commit mail fraud and aggravated identity theft.
The couple appealed their convictions to the Third Circuit Court of Appeals, arguing that their trials should have been severed from one another and conducted separately. In August of 2019, the Third Circuit ruled in their favor by vacating their convictions and ordering they be retried separately. Blunt’s re-trial is currently scheduled for January 6, 2020.
The evidence presented during the trial showed that Hall applied for and received approximately $70,000 in unemployment compensation benefits under the Unemployment Compensation for Ex-Service Members Program, commonly known as “The UCX Program,” under the assumed identities (first name, last name, date of birth and Social Security Number) of six other individuals. The UCX Program is a federally funded, U.S. Department of Defense program administered by the States. The jury found that Hall fraudulently obtained the benefits paid on five false UCX applications submitted to Pennsylvania and another UCX application submitted to Hawaii in 2013 and 2014.
“It takes an especially devious and brazen criminal mind to defraud a program established to benefit those who have sacrificed so much for their fellow citizens,” said U.S. Attorney Freed. “Fortunately the Defense Criminal Investigation Service, the United States Department of Labor Office of Inspector General, the United States Postal Inspection Service and numerous other federal, state and local partners were on the case. Hall’s criminal conduct has now been recognized by two separate juries of his peers, and we look forward to presenting our arguments at his re-sentencing.”
“The conviction announced today is the result of a joint effort by the Defense Criminal Investigative Service (DCIS), the U.S. Department of Labor’s Office of Inspector General, and the U.S. Attorney’s Office, Middle District of Pennsylvania,” stated Special Agent in Charge Leigh-Alistair Barzey, DCIS Northeast Field Office. “The DCIS is committed to working with its law enforcement partners and the DOJ to protect the integrity of federally funded programs, such as the UCX Program, which provides unemployment benefits for eligible former service members who are unemployed following their separation from military service.”
"Earl Lafayette Hall III misused the identities of others to submit counterfeit forms and steal money intended for individuals who experience unemployment after serving in the U.S. Armed Forces,” stated Acting Special Agent-in-Charge, Derek Pickle, Philadelphia Region, U.S. Department of Labor Office of Inspector General. “We will continue to work with our law enforcement partners to investigate those who exploit the Unemployment Compensation for Ex-service Members Program.”
The investigation was conducted by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering & Fraud Investigations, the U.S. Defense Criminal Investigative Service, and the U.S. Postal Inspection Service in Harrisburg with the assistance of the Pennsylvania Department of Labor and Industry, Internal Audits Division, the Pennsylvania Department of Labor and Industry, Office of Unemployment Compensation Benefits and Policy, and the Pennsylvania Department of Treasury, Office of Unemployment Compensation Disbursements. Assistant U.S. Attorney Kim Douglas Daniel prosecuted the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each conspiracy, mail fraud and money laundering offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Chambersburg Man Sentenced to 13 Years’ Imprisonment for Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brett Trageser, age 29, currently residing in Cumberland County Prison, Carlisle, Pennsylvania, was sentenced on November 7, 2019, to 156 months’ imprisonment followed by five years of supervised release, by Chief United States District Court Judge Christopher C. Conner, for conspiracy to distribute 400 grams or more of fentanyl.
According to United States Attorney David J. Freed, Trageser pleaded guilty to conspiracy to distribute and possess with intent 400 grams or more of fentanyl between October 2015 and May 2017. Trageser was determined to have distributed between 1.2 and four kilograms of fentanyl pills that were being manufactured by coconspirator Nathan Anthony Ott, age 34, currently incarcerated at the Federal Correction Institution Fort Dix, New Jersey, who was obtaining kilogram quantities of fentanyl and manufacturing the kilograms into pills.
Ott sold the manufactured pills locally in Chambersburg using “runners” and then began selling the pills on-line utilizing the dark web to distribute the manufactured pills throughout the United States and a few foreign countries. Ott would mail the packages from various United States Postal facilities in Chambersburg and surrounding areas. Ott was sentenced to 210 months’ imprisonment.
The coconspirators received the following sentences for their participation in the conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl:
- Apollo Ravanna Bey was sentenced to 21 months’ imprisonment;
- Mike Wood was sentenced to 120 months’ imprisonment;
- Cindy Jo Wood was sentenced to 48 months’ imprisonment;
- Justin Chandler was sentenced to 120 months’ imprisonment;
- Stephanie Holtry was sentenced to 48 months’ imprisonment
The charges stem from an investigation conducted by the Federal Bureau of Investigation Safe Streets Task Force, the Franklin County District Attorney’s Office, the Franklin County Drug Task Force, the Chambersburg Police Department, the Shippensburg Police Department and the Pennsylvania State Police. Assistant United States Attorney Daryl F. Bloom 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.
# # #
Maryland Man Pleads Guilty to Murder, Drug Trafficking and Obstruction of JusticeRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Christopher Johnson, age 31, previously residing in Baltimore, Maryland, pleaded guilty before Chief United States District Court Judge Christopher C. Conner to one count of conspiracy to commit Hobbs Act robbery; three counts of use of a firearm during a crime of violence resulting in death; one count of interstate travel to commit a murder for hire; one count of conspiracy to kill a witness to a federal offense to prevent communication to a federal law enforcement officer; three counts of killing a witness to a federal offense to prevent communication to a federal law enforcement officer; and one count of felon in possession of a firearm.
According to United States Attorney David J. Freed, the charges were the result of a two and a half year investigation into three murders that occurred in a barn on June 25, 2016, on a property along Welsh Run Road in Mercersburg, Franklin County. The murders were drug related and one of the victims was providing information regarding several of the defendants and others to federal/state law enforcement drug task forces in Maryland. The individuals involved in the murders also joined with others to obstruct the grand jury’s investigation and to locate and kill an individual believed to be assisting federal investigators with the murder investigation.
Johnson, along with ten coconspirators, were charged in a superseding indictment on December 20, 2018, with murder, drug trafficking, and obstruction of justice.
Charged in the superseding indictment were:
- Kevin Coles, age 34, Hagerstown, Maryland;
- Devin Dickerson, age 31, Hagerstown;
- Torey White, age 30, Waynesboro, Pennsylvania;
- Jerell Adgebesan, age 32, Baltimore, Maryland;
- Kenyatta Corbett, age 38, Hagerstown;
- Michael Buck, age 30, Hagerstown;
- Nicholas Preddy, age 29, Baltimore;
- Johnnie Jenkins-Armstrong, age 22, Baltimore;
- Terrance Lawson, age 31, Baltimore; and
- Tyrone Armstrong, age 30, Baltimore.
Joshua Davis, age 30, previously pled guilty to participating in the conspiracy to locate and kill an individual believed to be cooperating with federal authorities in the investigation of the triple murders. Davis was recently sentenced by United States District Court Judge John E. Jones, III to 100 months’ imprisonment. Several other individuals who were separately indicted on charges of obstructing the federal investigation into the triple murders have also pled guilty and are awaiting sentencing.
The following federal, state and local law enforcement agencies participated in the investigation: Drug Enforcement Administration Harrisburg Resident Office, Pennsylvania State Police, Chambersburg, Pennsylvania State Police, Troop H, Franklin County Drug Task Force, Franklin County Adult Probation, Pennsylvania State Probation and Parole, Hagerstown Police Department Criminal Investigation Division, Drug Enforcement Administration Hagerstown Resident Office, Washington County Narcotics Task Force, Drug Enforcement Administration Baltimore District Office, Strike Force Group 1, Maryland State Police Homicide Unit, Baltimore Police Department Narcotics, Fugitive And Homicide Units, Baltimore County Police Department Narcotics and Gang Unit, Federal Bureau of Investigation Evidence Management Unit, Quantico, VA, US Marshal’s Service Harrisburg, PA and Phoenix, AZ, Franklin County District Attorney’s Office, United States Attorney’s Office, District Of Maryland, and The Washington County State’s Attorney’s Office.
Assistant United States Attorney William A. Behe, Organized Crime Drug Enforcement Task Force, and Senior Litigation Counsel Michael Consiglio are prosecuting 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.
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.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF) identified as “Retribution foe Welsh Run”. OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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 several of these offenses is life imprisonment or the possibility of the death penalty, 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.
# # #
York Man Sentenced to Five Years’ Imprisonment for Drug Trafficking and Money Laundering ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Juan Rivera Marrero a/k/a “Viejo” a/k/a “Charlie,”, age 57, currently residing in Dauphin County Prison, Harrisburg, Pennsylvania, was sentenced on November 13, 2019, to 60 months’ imprisonment followed by five years of supervised release, by United States District Court Judge Sylvia H. Rambo, for drug trafficking and money laundering.
According to United States Attorney David J. Freed, Marrero previously pleaded guilty to money laundering and to conspiring with others to distribute 500 grams or more of cocaine in the York County, Pennsylvania area between May 2015 and May 2017. Marrero admitted to purchasing bulk quantities of cocaine from Luis D. Baez-Sierra, who was obtaining narcotics through the United States mail sent from Puerto Rico to York, Pennsylvania.
Marrero was originally charged in May 2017, with seven codefendants. The following codefendants were sentenced:
- Henry Delgado pleaded guilty to conspiracy to distribute and possess with intent to distribute five kilograms and more of cocaine hydrochloride and was sentenced to 84 months’ imprisonment;
- Jean Carlos Torres-Santiago pleaded guilty to conspiracy to distribute cocaine hydrochloride and heroin and sentenced to 60 months’ imprisonment;
- Charlie Abdiel Cruz-Velez, pleaded guilty conspiracy to distribute cocaine hydrochloride and was sentenced to 57 months’ imprisonment;
- Chayann Torres-Santiago pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine hydrochloride and sentenced to 30 months’ imprisonment; and
- Angel Santiago-Torres pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine hydrochloride and was sentenced to 12 months’ imprisonment.
The following codefendants are awaiting sentencing:
- Ramon Puig Rodriguez pleaded guilty to conspiracy to distribute cocaine hydrochloride; and
- Luis D. Baez-Sierra pleaded guilty to conspiracy to distribute cocaine hydrochloride.
The charges stem from an investigation conducted by the Drug Enforcement Administration and the Internal Revenue Service, Criminal Investigation Division. Assistant United States Attorney Daryl F. Bloom 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 prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
# # #
York County Man Charged with Child Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gilbert Joseph Swann, III, age 67, of Delta Borough, Pennsylvania, was indicted on November 13, 2019, by a federal grand jury for exploitation of minors.
According to United States Attorney David J. Freed, the indictment alleges that Swann received and possessed images of child pornography between May 2012 and July 2013, in York County. The indictment also seeks forfeiture of all electronic equipment used to take those images, Freed said.
This case was investigated by the Pennsylvania State Police with the assistance of the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for receipt of child pornography charge is 20 years’ imprisonment and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 5 years. The possession of child pornography charge is punishable by a maximum of 10 years’ imprisonment and a $250,000 fine. Both charges carry a term of supervised released following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Monroe County Woman Sentenced to 30 Months’ Imprisonment for Drug Trafficking ConspiracyRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kyme Ashby, age 29, of Tobyhanna, Pennsylvania, was sentenced on November 13, 2019, by Senior U.S. District Court Judge A. Richard Caputo to 30 months’ imprisonment for her role in a Monroe County-based heroin and cocaine trafficking conspiracy.
According to United States Attorney David J. Freed, Ashby previously pleaded guilty and admitted to participating in a conspiracy to distribute between 20 grams and 40 grams of heroin (which is equivalent to 800 to 1,600 individual doses of heroin), as well as between 840 grams and 2.8 kilograms of crack cocaine, in the Monroe County area between May and July 2015. Ashby was one of eleven individuals indicted by a grand jury in July 2015, and charged with conspiring to distribute heroin, powder cocaine and crack cocaine in the Monroe County area.
The case was investigated by the Drug Enforcement Administration and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was 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.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
# # #
Monroe County Man Sentenced to 41 Months’ Imprisonment for Drug Trafficking ConspiracyRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Sherquille Ernest, age 27, of Mount Pocono, Pennsylvania, was sentenced on November 13, 2019, by Senior U.S. District Court Judge A. Richard Caputo to 41 months’ imprisonment for his role in a Monroe County-based heroin and cocaine trafficking conspiracy.
According to United States Attorney David J. Freed, Ernest previously pleaded guilty and admitted to participating in a conspiracy to distribute between 20 and 40 grams of heroin (which is equivalent to 800 to 1,600 individual doses of heroin), as well as between 28 and 112 grams of crack cocaine, in the Monroe County area between May and July 2015. Ernest was one of eleven individuals indicted by a grand jury in July 2015 and charged with conspiring to distribute heroin, powder cocaine and crack cocaine in the Monroe County area.
The case was investigated by the Drug Enforcement Administration and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was 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.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
# # #
Harrisburg Man Indicted on Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Anthony Haskins, age 44, of Harrisburg, Pennsylvania, was indicted on November 13, 2019, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment charges Haskins with possession with intent to distribute cocaine base and cocaine, possession of a firearm in furtherance of drug trafficking, and being a felon in possession of a firearm on October 5, 2018, in Dauphin County.
The case was investigated by the Harrisburg Bureau of Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford 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 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 is 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.
# # #
Five Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that five previously deported aliens were indicted separately on November 13, 2019, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Adams, Cumberland, and Luzerne Counties.
According to United States Attorney David J. Freed, Elmer Martinez-Hernandez, age 24, of Honduras, was previously deported from the United States to Honduras in September 2017. He is alleged to have illegally reentered the United States sometime after September 2017, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Humberto Martinez-Gomez, age 22, of Mexico, was previously deported from the United States to Mexico in June 2015. He is alleged to have illegally reentered the United States sometime after June 2015, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Josefina Bautista-Rojas, age 20, of Mexico, was previously deported from the United States to Mexico in December 2017. She is alleged to have illegally reentered the United States sometime after December 2017, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
Martinez-Hernandez, Martinez-Gomez and Bautista-Rojas face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
Shinju Park, age 39, an alien who was under a final order of removal from the United States, did willfully fail or refuse to make timely application in good faith for travel or other documents necessary to the alien’s departure from the United States between August and October 2019.
Park faces a maximum penalty of four years of imprisonment, a term of supervised release following imprisonment, and a fine.
Gerardo Medina a/k/a Carlos Sebastian, age 31, of Mexico, was previously deported from the United States to Mexico in February 2017. He is alleged to have illegally reentered the United States sometime after February 2017, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
Medina faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne Sanderson is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
U.S. Attorney David J. Freed Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
Initiative emphasizes enforcing gun prohibitions based on domestic violence convictions and mental health denials
U.S. Attorney David J. Freed announces that today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“In announcing Project Guardian, Attorney General Barr has given voice to what we see on the streets,” said U.S. Attorney Freed. “Firearms, most often illegally obtained and possessed, are the indispensable tool of the violent criminal. Throughout the Middle District of Pennsylvania, and in particular in our Project Safe Neighborhoods’ (PSN) sites of Harrisburg, Wilkes-Barre/Hazleton, Williamsport and York, we are singularly focused on reducing violent crime. This very clearly means aggressively investigating and prosecuting gun crimes. Together with our state and local partners, we are sending one clear message: Any criminal who uses a firearm in commission of his crime is in very real danger of federal prosecution, and federal prison.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees. Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety. Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF. Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
# # #
Bloomsburg Man Convicted of Child Sex OffensesRead the Press Release
WILLIAMSPORT—The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Dewald, age 43, of Bloomsburg, Pennsylvania, was convicted of two counts of attempted production of child pornography, and three counts of online enticement and attempted online enticement of minors for sexual purposes, after a five-day trial before U.S. District Court Judge Matthew W. Brann.
According to United States Attorney David J. Freed, the jury deliberated for approximately two and a half hours before finding Dewald guilty on November 8, 2019, of all the charges. At trial, prosecutors presented evidence that Dewald used his cell phone and the internet to attempt to persuade two female minors (ages 13 and 16) to take and send him sexually explicit photographs of themselves, and persuaded a third female minor (age 14) to meet him for sexual purposes. Dewald’s conduct occurred between July 2015 and May 2016.
After the verdict, Judge Brann ordered Dewald to be detained in the custody of the U.S. Marshals pending sentencing. A presentence investigation report will be completed and sentencing will be scheduled at a later date.
The matter was investigated by the Federal Bureau of Investigation and Delaware County Detectives. Assistant U.S. Attorneys Francis P. Sempa and Jeffrey St. John prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the offenses life imprisonment, a term of supervised release following imprisonment, and a fine. The defendant also faces a mandatory minimum 15-year prison sentence for the attempted production of child pornography charges, and a mandatory minimum 10-year prison sentence for the online enticement and attempted online enticement charges. 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.
# # #
Luzerne County Man Was Sentenced to 120 Months’ Imprisonment for Sexual Exploitation of ChildrenRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Mark Scott, age 60, of Wilkes-Barre, Pennsylvania, was sentenced to 120 months’ imprisonment followed by five years’ supervised release by United States District Court Judge Malachy E. Mannion for possession of videos and images involving sexual exploitation of children.
According to United States Attorney David J. Freed, from June 2017 through September 2018, Scott received and possessed multiple videos and images depicting minors under the age of 12 engaged in sexually explicit conduct with adult males and females.
In addition to the term of imprisonment, Judge Mannion ordered that Scott comply with the Sexual Offender and Registration Notification Act (SORNA), a national system for the registration of sex offenders.
The matter was investigated by the United States Postal Service, Office of Inspector General, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
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."
# # #
Jamaican National Sentenced to over Four Years’ Imprisonment for Sweepstakes Scam Targeting the ElderlyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jennmariey Burchell, age 26, a Jamaican citizen who formerly resided in Panama City, Florida, was sentenced to 51 months’ imprisonment followed by two years of supervised release by United States District Court Judge Sylvia H. Rambo for mail fraud.
According to United States Attorney David J. Freed, Burchell and identified and unidentified coconspirators perpetrated a scheme to defraud senior citizens, some of whom resided in the Middle District of Pennsylvania, that were falsely told they had won multi-million dollar international sweepstakes prizes. The purported winners were directed to send Western Union and MoneyGram money transfers, money orders and checks to persons known as “money mules,” ostensibly to pre-pay taxes and other fictitious expenses, in order to collect the non-existent cash prizes. Burchell enlisted the “money mules” to receive and transfer the fraud proceeds to him and other conspirators in Jamaica.
Judge Rambo also ordered Burchell to pay $549,495 in restitution to nine elderly victims in this Jamaican Sweepstakes fraud prosecution.
The case was investigated by the Harrisburg Office of the United States Postal Inspection Service. Assistant United States Attorney Kim Douglas Daniel prosecuted the case.
The United States Attorney’s Office and the United States Postal Inspection Service remind all citizens that they should never make an advance payment of any kind on the promise of a sweepstakes prize, loan or grant.
# # #
Wilkes Barre Man Sentenced to 60 Months’ Imprisonment for Fentanyl TraffickingRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 31, 2019, Jhaquil Moore, age 24, of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment and three years of supervised release, by United States District Court Judge Robert D. Mariani, for fentanyl trafficking.
According to United States Attorney David J. Freed, Moore was 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 2018.
Moore’s codefendants, Chyvonne Traver and Kayla Clark, both pleaded guilty to fentanyl trafficking and firearms offenses, and are awaiting sentencing.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and by the Luzerne Country Drug Task Force. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
# # #
Rochester Man Pleads Guilty to Fraud in Multi-Million Dollar Nationwide Ponzi SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Perry Santillo, age 39, of Rochester, New York, pleaded guilty on November 4, 2019, to mail fraud.
According to United States Attorney David J. Freed, Santillo 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. Santillo offered and sold securities in First Nationle, Percipience Global Corporation, United RL Capital Services LLC, and other issuers to investors. Santillo also provided investment advice to those same investors.
In fact, First Nationle, Percipience Global and United RL 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 and those who aided and abetted him 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, 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 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 and his associates also misrepresented the ongoing performance – or lack thereof – of investors’ investments. Santillo 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.
“As he did in districts throughout the country, Perry Santillo came to the Middle District of Pennsylvania and purchased a business from a trusted investment advisor for the sole purpose of finding new victims to exploit,” said U.S. Attorney Freed. “This massive nationwide fraud was committed for one simple reason – to enrich Santillo and his confederates. This was a scam from day one, and Santillo and the others knew it. Thankfully, federal law enforcement was on the case. I want to particularly thank my friend and colleague U.S. Attorney J.P. Kennedy and his team for their hard work on this case and commend all of the federal agencies involved for their industry and cooperative efforts.”
Santillo had previously pled guilty in the Western District of New York to a three-count information in a related case in October 2019. The investigation is continuing in the Middle District of Pennsylvania, as well as, the Western District of New York with respect to others who may have participated in the scheme.
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. Assistant U.S. Attorney Sean A. Camoni in Scranton, and Assistant United States Attorney John Field in Rochester are 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 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.
# # #
Dunmore Man Charged with Bank FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric R. Colborn, age 49, of Dunmore, Pennsylvania, was charged in a criminal information on October 31, 2019, with conspiracy to commit bank fraud.
According to United States Attorney David J. Freed, the criminal information alleges that Colborn created a counterfeit Wells Fargo brokerage statement in his name showing that he had in excess of $14,000,000 in a brokerage account, and then fraudulently induced reliance on the counterfeit brokerage statement to secure property and other things of value. It is also alleged that Colborn and his coconspirator entered into sales agreements to purchase property and vehicles by writing checks on accounts neither Colborn or his coconspirator owned or were authorized to use. The scheme to defraud started in or about November 2017 and continued through March 2019. The total loss amount is approximately $404,293.
The case was investigated by the Internal Revenue Service – Criminal Investigation Division, the Dunmore Police Department, and the Lackawanna County District Attorney’s Office. Assistant U.S. Attorney Michelle Olshefski is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Mechanicsburg Man Charged with Product TamperingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert K. Burns, age 58, of Mechanicsburg, Pennsylvania, was indicted on October 30, 2019, by a federal grand jury on consumer product tampering charges.
According to United States Attorney David J. Freed, the indictment alleges that Burns tampered and attempted to tamper with consumer products affecting interstate commerce, specifically Lansoprazole, with the labeling and container for such product by replacing the advertised product with other products not containing the active ingredient in the original product, between May and August 2019 in Cumberland County.
The case was investigated by the Silver Spring Township Police Department with assistance from the U.S. Food and Drug Administration, Office of Criminal Investigations. Assistant U.S. Attorney James T. Clancy 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 these offenses is 10 years in prison, a period 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.
# # #
Wyoming County Man Pleads Guilty to Illegal Possession of FirearmsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Hoyt, age 55, of Eaton Township, Wyoming County, pleaded guilty on October 31, 2019, before United States District Court Judge Robert D. Mariani, being an unlawful user of controlled substances in possession of firearms and ammunition.
According to United States Attorney David J. Freed, Hoyt admitted that between November 11, 2018 and April 9, 2019, he possessed six firearms, as well as ammunition, while being a user of methamphetamine and heroin. The charges stem from an incident in which law enforcement authorities searched Hoyt’s residence in Eaton Township and seized six firearms, ammunition and heroin.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kingston Police Department, and the Pennsylvania State Police. Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as 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.
The maximum penalty for the offense is ten years’ 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.
# # #
Wilkes-Barre Woman Sentenced to 42 Months’ Imprisonment for Executing Romance ScamRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joy Dykes, age 37, of Wilkes-Barre, was sentenced on October 29, 2019, to 42 months’ imprisonment by United States District Court Judge Robert D. Mariani for her involvement in a romance scam that duped an unsuspecting victim out of approximately $124,000.
According to United States Attorney David J. Freed, Dykes previously admitted to conspiring to commit money laundering by wire fraud on November 30, 2018. Dykes’ was involved in an on-line scheme to defraud a Staten Island, New York woman of money by creating multiple fictitious identities. Dykes lured the victim into a romantic relationship, and solicited money from the victim for allegedly buying a house jointly with the fictitious boyfriend in Hershey, Pennsylvania. Dykes then pretended to be a lawyer prosecuting the fictitious boyfriend for defaulting on the mortgage payments and would threaten the victim that she would be arrested for nonpayment by impersonating an FBI agent. The scheme involved threats and coercion, to which the victim responded by sending cash and/or money transfers to Dykes.
Dykes unlawfully received approximately $124,000 from the victim of the fraud. The money laundering conspiracy began in November 2011 and continued through February 2016.
Judge Mariani decided to depart upwards from the 24 to 30 months’ guidelines to 42 months, by describing the crime as “predatory, cruel, deceitful, and prolonged, with a significant impact on the victim.” Judge Mariani also ordered Dykes to serve two years on supervised release following her prison sentence, and ordered her to pay $124,759.00 in restitution to the victim.
The case was investigated by the Internal Revenue Service – Scranton Office. Assistant United States Attorney Michelle L. Olshefski prosecuted the case.
# # #
Two Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that two previously deported aliens were indicted separately on October 30, 2019, by a federal grand jury with illegal re-entry into the United States by a previously deported alien. These matters arose in Dauphin and Luzerne Counties.
According to United States Attorney David J. Freed, Jose Antonio Cardona-Rodriguez, age 37, of Honduras, was previously deported from the United States to Honduras in July 2009. He is alleged to have illegally reentered the United States sometime after July 2009, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Jimenez-Gutierrez, age 37, of Mexico, was previously deported from the United States to Mexico in March 2011. He is alleged to have illegally reentered the United States sometime after March 2011, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
The cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and are being prosecuted by Assistant United States Attorney Joanne M. Sanderson.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Cardona-Rodriguez and Jimenez-Gutierrez face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Schuylkill County Man Sentenced to 24 Months’ Imprisonment for Straw Purchases of FirearmsRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 31, 2019, United States District Judge Malachy E. Mannion sentenced Theodore R. Stang, Jr. age 31, of Girardville, Pennsylvania, to 24 months’ imprisonment and a two-year term of supervised release, for unlawfully purchasing firearms for another individual.
According to United States Attorney David J. Freed, during June 2017, Stang acted as a “straw purchaser” of firearms, purchasing two handgun-style firearms for another individual who was not permitted to lawfully purchase or possess firearms based upon prior criminal convictions and whom Stang knew to be involved in narcotics trafficking.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Jeffery St John.
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.
# # #
York Man Indicted on Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Richard Tyler, age 34, of York, Pennsylvania, was indicted on October 30, 2019, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Tyler possessed cocaine base and heroin with the intent to distribute in York County, on January 22, 2019. The indictment further alleges that he illegally possessed a firearm.
The case was investigated by the York City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Johnny Baer 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 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 50 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.
# # #
U.S. Department of Justice Awards Grant Funds to Lackawanna County District Attorney’s OfficeRead the Press Release
HARRISBURG – U.S. Attorney David J. Freed joined District Attorney Mark Powell today in announcing $900,000 in grant funding by the U.S. Department of Justice to the Lackawanna County District Attorney’s Office to facilitate the Comprehensive Opioid Abuse Site-based Program.
The award of $900,000 includes funds to support the Lackawanna County District Attorney’s Office to facilitate a Comprehensive Opioid Abuse Site-based Program (COAP), which aims to reduce opioid abuse and the number of overdose fatalities, as well as to mitigate the impacts on crime victims by supporting comprehensive, collaborative initiatives.
In 2016 the United States Congress, in recognition of the nationwide scope of the Heroin and Opioid Crisis, passed the Comprehensive Addiction and Recovery Act – sweeping bipartisan legislation to fund everything from primary prevention efforts to access to recovery services to medication assisted treatment,” said U.S. Attorney Freed. “Today’s grant funds a project under the Comprehensive Opioid Site-based Program which is designed to take into account unique local circumstances while taking advantage of already existing partnerships. While strong anti-drug enforcement and public protection will always be an important part of our mission, we understand that prevention, treatment and harm reduction are essential to reducing overdoses and saving lives. We are proud to partner with our colleagues in Lackawanna County under the leadership of District Attorney Mark Powell and Judge Michael Barrasse.”
“This grant will enable us to establish a multi-agency Overdose Death Review Team, under the auspices of the District Attorney’s Office, to provide a thorough and comprehensive analysis of each and every overdose death in Lackawanna County,” said District Attorney Mark Powell. “It will enable us to prevent more overdoses and save more lives by taking an evidence-based approach to allocating our resources where they will be most effective.”
The awards were made by the three grant-making components of the Department of Justice – Office on Violence Against Women, the Office of Community Oriented Policing Services, and the Office of Justice Programs.
About the Office of Community Oriented Policing Services:
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 130,000 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.
About the Office of Justice Programs:
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
About the Office on Violence Against Women:
The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
# # #
Wilkes-Barre Man Sentenced to Five Years’ Imprisonment for Possessing A Gun in Furtherance of Drug TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Akilees Hobson, age 21, of Wilkes-Barre, Pennsylvania, was sentenced today to five years’ imprisonment by Senior U.S. District Court Judge James M. Munley for possessing a firearm in furtherance of a drug trafficking crime.
According to United States Attorney David J. Freed, Hobson previously admitted to unlawfully possessing the firearm on March 26, 2017, in Wilkes-Barre. Police seized the firearm, illegal drugs, and drug paraphernalia from a vehicle driven by Hobson.
Judge Munley also ordered Hobson to serve three years on supervised release following his prison sentence, and ordered the firearm, a 9mm semi-automatic handgun, forfeited to the government.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Wilkes-Barre Police. Assistant United States Attorney 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.
# # #
Marysville Woman Sentenced to One Year and A Day of Imprisonment for Forging 164 Opioid PrescriptionsRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Belinda Dietrich, age 63, of Marysville, Pennsylvania, was sentenced on October 28, 2019, by Senior U.S. District Court Judge Sylvia H. Rambo to one year and a day in prison followed by three years of supervised release, for forging the signature of a dentist on 164 prescriptions for opioid drugs.
According to United States Attorney David J. Freed, Dietrich pleaded guilty before Judge Rambo in April 2019, to one count of distributing a controlled substance and one count of making false statements in health care matters. Dietrich, a former receptionist for a solo dental practitioner in Harrisburg, forged the signature of her employer on a blank prescription form on February 13, 2017, for oxycodone pills for her mother, a Medicare beneficiary, who was not a patient of the dentist. Dietrich then had the prescription filled at a Harrisburg area pharmacy and received 24 oxycodone pills, who then converted the drugs to her own use. The pharmacy billed the cost of the oxycodone pills to Medicare, which paid the claim.
Dietrich’s forgeries were not limited to just one prescription. Between February 17, 2016 and August 2017, Dietrich forged 164 prescriptions for oxycodone and hydrocodone. Dietrich filled out 10 of the bogus prescriptions for herself; the rest were made out to the names of 11 friends and family, who then filled the prescriptions at local pharmacies and shared the controlled substances among themselves. All together, more than 5,022 oxycodone and hydrocodone pill were obtained in this manner. All 11 individuals were prosecuted by the US Attorney’s Office for their role in the forged prescription scheme.
Judge Rambo ordered Dietrich to begin service of her sentence on January 6, 2020
The case was investigated by the Harrisburg Offices of the Drug Enforcement Administration, Diversion Division, and the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services. Assistant U.S. Attorney Kim Douglas Daniel prosecuted the case.
# # #
Luzerne County Man Sentenced to 40 Months’ Imprisonment for Unlawfully Possessing A Firearm and Ammunition as A Convicted FelonRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rodney Miles, age 29, of Edwardsville, Pennsylvania, was sentenced on October 28, 2019, by Senior U.S. District Court Judge James M. Munley to 40 months’ imprisonment followed by three years on supervised release for unlawfully possessing a firearm as a convicted felon.
According to United States Attorney David J. Freed, Miles admitted to possessing a .380 caliber handgun and ammunition on October 22, 2014, at a residence in Edwardsville. At the time he possessed the firearm and ammunition, Miles had a previous conviction for conspiracy to commit burglary.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Pennsylvania State Police, and the Kingston Police Department. Assistant U.S. Attorney 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.
# # #
Luzerne County Man Guilty of Receiving Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that William Barratt, age 39, of Sugarloaf Township, Pennsylvania, pleaded guilty on October 28, 2019, to receiving child pornography before Senior U.S. District Court Judge James M. Munley.
According to United States Attorney David J. Freed, Barratt admitted that he used his cell phone and computer to receive images and videos of child pornography from websites on the internet. Barratt committed the offense between April 2018 and March 5, 2019, in Luzerne County.
Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for January 29, 2020.
Barratt was indicted by a federal grand jury in June 2019, as a result of an investigation conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Luzerne County District Attorney’s 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 five years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Kingston Man Sentenced to 16 Years’ Imprisonment for Armed Bank RobberyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shawn Cavanaugh, age 38, of Kingston, Pennsylvania, was sentenced on October 25, 2019, by United States District Court Judge Robert D. Mariani to 192 months’ imprisonment followed by four years of supervised release, for an armed bank robbery.
According to United States Attorney David J. Freed, Cavanaugh and his co-defendant, Doug Sickler, robbed the PNC Bank in Avoca, Pennsylvania on June 21, 2017, while threatening employees with pellet guns. Sickler and Cavanaugh were arrested on June 22, 2017, and have remained in custody since. In addition to the sentence of imprisonment, Judge Mariani ordered that Cavanaugh pay $909 to the victim of his crime.
Cavanaugh’s co-defendant, Doug Sickler, was previously sentenced to 63 months’ imprisonment.
The matter was investigated by the Federal Bureau of Investigation and the Kingston Police Department. Assistant United States Attorneys Phillip J. Caraballo and Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
# # #
York County Man Charged with Child Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that John A. Swayze, age 56, of York, Pennsylvania, was indicted on October 23, 2019, by a federal grand jury on child exploitation charges.
According to United States Attorney David J. Freed, the indictment alleges that Swayze received and distributed child pornography, and possessed child pornography involving minors under the age of 12 between October 2017 and May 2019. The two-count indictment also includes a notice of the Government’s intent to forfeit all images of child pornography and the electronic devices associated with those images.
This case was investigated by the Northeastern Regional Police Department with assistance from the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for receipt and distribution of child pornography is 20 years’ imprisonment and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 5 years. The maximum penalty for possession of child pornography involving minors under 12 years old is 20 years’ imprisonment and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Harrisburg Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Daryl Pierce, age 34, of Harrisburg, Pennsylvania, was indicted on October 23, 2019, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Pierce distributed marijuana on multiple occasions in Harrisburg between August 15, 2018 and August 31, 2018. The indictment further alleges that he possessed a firearm during and in relation to his drug trafficking activities.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Police Bureau. Assistant U.S. Attorney Johnny Baer 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 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 a term of life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #