Middle District of Pennsylvania

HARRISBURG – The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that former Vice President for Rite Aid, Inc. (Rite Aid), James W. Pilsner, age 61, of Harrisburg, Pennsylvania, was sentenced to two years’ imprisonment followed by two years on supervised release on October 23, 2019, by U.S. District Court Judge John E. Jones, III, for perpetrating a vendor kick-back scheme that defrauded the Company out of $5.7 million and for committing tax evasion.

According to U.S. Attorney David J. Freed, Pilsner pleaded guilty to one count of wire fraud and one count of tax evasion on October 1, 2018. Pilsner, a former Vice President for Advertising for Rite Aid, perpetrated a kick-back scheme with the owner of Nuvision, a small Atlanta, Georgia based company between 1995 and August 2017. Nuvision provided $45 million of pre-press advertising services to Rite Aid under contracts granted by Pilsner during that time period.  During the same period, Pilsner received $5,124,862 in kick-backs from Nuvision and distributed another $634,300 from Nuvision to some of his Rite Aid employees.

Pilsner paid $300,000 to the IRS at the time he entered his guilty pleas and paid the balance that he owed the IRS, $292,386, at sentencing.  Judge Jones also ordered Pilsner to pay $5,743,162 in restitution to Rite Aid.  Jones directed Pilsner to commence service of his sentence on January 6, 2020.

The case was investigated by the Harrisburg office of the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division.  AUSA Kim Douglas Daniel prosecuted the case.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that five previously deported aliens were indicted separately on October 23, 2019, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Franklin, Lackawanna, Luzerne, Northumberland and York Counties.

According to United States Attorney David J. Freed, Jose Isidro Martinez-Amaya, age 53, of Honduras, was previously deported from the United States to Honduras in June 2012.  He is alleged to have illegally reentered the United States sometime after June 2012, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.

Anibal Garcia-Santos, age 46, of Guatemala, was previously deported from the United States to Guatemala in August 2014.  He is alleged to have illegally reentered the United States sometime after August 2014, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

Filiberto Enrique Merida-Cano was previously deported from the United States to Guatemala in January 2018.  He is alleged to have illegally reentered the United States sometime after January 2018, and was found in the United States in Northumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Martinez-Amaya, Garcia-Santos, and Merida-Cano face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.  

Anthony Moore Copeland, age 56, of Jamaica, was previously deported from the United States to Jamaica in April 2012.  He is alleged to have illegally reentered the United States again sometime after April 2012, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

Stephen McKenzie, age 35, of Bahamas, was previously deported from the United States to the Bahamas in February 2011.  He is alleged to have illegally reentered the United States again sometime after February 2011, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.

Copeland and McKenzie face a maximum penalty of 20 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.

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HARRISBURG – U.S. Attorney David J. Freed joined Mary Quinn, President and CEO at YWCA Greater Harrisburg today, in announcing $1,375,000 in grant funding by the U.S. Department of Justice to the YWCA Greater Harrisburg to assist victims of human trafficking and to support transitional housing for victims.

The award of $925,000 includes funds to support victims of sex trafficking and labor trafficking, as well as for efforts to increase the capacity of communities to respond to human trafficking through the development of interagency partnerships, professional training, and public awareness activities.

The award of $450,000 includes funds to provide aid to victims of sexual assault, domestic and dating violence, and stalking, who are homeless, or in need of transitional housing or other housing assistance. This includes short-term housing assistance and supportive services, and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient.

“Over the course of my career in public service, I have had the opportunity to work together with the dedicated staff at the YWCA of Harrisburg on behalf of victims of Domestic Violence, Sexual Assault, Human Trafficking and Stalking,” said U.S. Attorney Freed.  “With a small staff and a limited budget, the YWCA provides direct services and advocacy to some of our most vulnerable citizens.  The two grants that we announce today will further support these efforts.  Stable housing is one of the greatest needs for victims and their families.  And while the public has become more aware of the scourge of Human Trafficking, we still have work to do, especially in the area of identifying cases and helping victims transition back into society.  We are proud to partner with the YWCA of Harrisburg on these vital efforts.”

“The continuation of these grants allows the YWCA Greater Harrisburg to maintain services without interruption to a very vulnerable population,” said President and CEO Quinn. “Our ability to serve victims through evidence based practices and build awareness alongside our partners is directly connected to the health and safety of our communities. The YWCA Greater Harrisburg is a driving force that transform lives and with the support of the community we can create a more just community for all.”

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.

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Josiah Ferrebee, age 23, of Pine Grove, Pennsylvania, was sentenced on October 22, 2019, to 15 years’ imprisonment followed by five years’ supervised release by Senior U.S. District Court Judge James M. Munley, for production and attempted to production of child pornography.

According to United States Attorney David J. Freed, Ferrebee previously admitted to persuading a 14-year-old female from the state of Michigan to take sexually explicit images of herself and send them to him via the internet. Ferrebee admitted that after he persuaded the minor to take and send some initial images to him, he threatened to post those images online unless she sent him more sexually explicit images of herself, which she did. Ferrebee committed the crime—what some have termed “sextortion”—in January 2016, when he was 19-years-old.

Ferrebee must also comply with the requirements of the Sex Offender Registration and Notification Act.  

The matter was investigated by the Department of Homeland Security and the Pennsylvania State Police. Assistant U.S. Attorneys Francis P. Sempa and Jenny P. Roberts prosecuted the case.

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the former Executive Director of the Perry County Family Center, Shelly A. Dreyer-Aurila, age 53, of New Bloomfield, Pennsylvania, pleaded guilty on October 22, 2019, before Senior U.S. District Court Judge Sylvia H. Rambo, for embezzlement of funds involving federal programs.

According to United States Attorney David J. Freed, Dreyer-Aurila admitted that between 2010 and 2017, as Executive Director of the 501(c)(3) charitable organization in New Bloomfield, Pennsylvania, knowingly embezzled and converted to her own personal use more than $200,000 under the care and control of the Center.  The Center annually receives more than $10,000 in federal grants from the U.S. Department of Health and Human Services through the Pennsylvania Department of Health and Human Services to fund programs such as its Maternal, Infant & Early Childhood Home Visiting program and its Child Abuse Prevention program. 

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that District Judge Robert D. Mariani sentenced Luis Enrique Martinez-Ortiz, age 27, of Wilkes-Barre, to 87 months’ imprisonment on October 16, 2019, for his role in a heroin, cocaine, and crack trafficking organization.        

According to United States Attorney David J. Freed, Martinez-Ortiz, also known as “Chino,” pled guilty to conspiracy to distribute and possess with intent to distribute heroin, powder cocaine, and cocaine base, or “crack.”  Martinez-Ortiz admitted responsibility for more than 100 grams of heroin, more than 500 grams of cocaine, and more than 28 grams of crack  (100 grams of heroin is the equivalent of approximately 4,000 individual doses of heroin).  The sentence was enhanced because the Court found that Martinez-Ortiz was either aware that a co-conspirator possessed a firearm or possessed a firearm himself, and because he maintained a premises, an apartment in Avoca, for the purposes of manufacturing or distributing controlled substances.        

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

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

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

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rodney Williams, age 36, of Wilkes-Barre, Pennsylvania, was sentenced on October 17, 2019 to 20 years’ imprisonment followed by three years on supervised release by Senior U.S. District Court Judge A. Richard Caputo, for distributing fentanyl and heroin to another person that resulted in the death of that person.   

According to United States Attorney David J. Freed, Williams previously pleaded guilty to supplying fentanyl and heroin to a drug customer on December 17, 2017, and the customer subsequently died as a result of ingesting the drugs in Kingston, Pennsylvania. Police found the deceased’s body on December 19, 2017.

Agents and police seized several firearms from Williams’ residence during the investigation, and Judge Caputo ordered the firearms forfeited to the government.

The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kingston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted 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. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.        

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

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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jace Whitenight, age 25, of Bloomsburg, Pennsylvania, was sentenced on October 16, 2019, to 84 months’ imprisonment by United States District Court Judge Matthew W. Brann, for a conspiracy to distribute heroin that occurred from 2015 through 2017.

According to United States Attorney David J. Freed, Whitenight previously pleaded guilty to distributing between 700 grams and 1 kilogram of heroin (which is approximately 35,000 to 50,000 individual doses of heroin) between June 2015 and July 2017.  Whitenight received heroin in bulk from a supplier in Philadelphia and then distributed it in the Bloomsburg area. 

The charges stem from an investigation conducted by the Federal Bureau of Investigation.  Assistant United States Attorney Geoffrey W. MacArthur is prosecuting the case.

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

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Terrance Baker, age 48, of Philadelphia, Pennsylvania, was indicted on October 16, 2019, by a federal grand jury for escaping from a Dauphin County correctional facility.

According to United States Attorney David J. Freed, the indictment alleges that Baker escaped from the Capital Pavilion Community Correction Center in Dauphin County on June 29, 2019.

The case was investigated by the United States Marshals Service. Assistant U.S. Attorney Johnny Baer is prosecuting the case.

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

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

The maximum penalty under federal law for this offense is a term of 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.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Aaron Johnson, age 29, of Harrisburg, Pennsylvania, was indicted on October 16, 2019, by a federal grand jury on four counts of armed bank robbery.

According to United States Attorney David J. Freed, the indictment alleges that Johnson committed four armed bank robberies in Cumberland County between February and September 2019:

• AmeriChoice Federal Credit Union on February 15, 2019;
• Centric Bank on July 12, 2019;
• BB&T Bank on July 31, 2019; and
• PNC Bank on August 19, 2019.

The case was investigated by the Federal Bureau of Investigation, the Lower Allen Police Department, East Pennsboro Township Police Department, Camp Hill Borough Police Department, and the Hampden Township Police Department. 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 up to 100 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Vashaurid Gibbs, age 24, of Harrisburg, Pennsylvania, was indicted on October 16, 2019, by a federal grand jury for theft of mail by a postal employee.

According to United States Attorney David J. Freed, the indictment alleges Gibbs removed money from letters, postal cards, packages, and mail that had come into his possession as a postal employee on July 8, 2019.

The case was investigated by the United States Postal Service Office of Inspector General. Assistant U.S. Attorney Christian T. Haugsby is prosecuting the case.

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

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

The maximum penalty under federal law for this offense is a term of 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.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kassidy D. Atherton, age 24, of McVeytown, Pennsylvania, was indicted on October 16, 2019, by a federal grand jury on embezzlement charges.

According to United States Attorney David J. Freed, the indictment alleges that between December 2018 and January 31, 2019, in Huntington and Fulton Counties, Atherton, while a Postal Service employee, knowingly issued fraudulent postal money orders and deposited the funds into her own bank account.

The case was investigated by the United States Postal Service Office of Inspector General. Assistant U.S. Attorney James T. Clancy is prosecuting the case.

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

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

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

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Haixi Sheng, age 20, a native and citizen of China, was sentenced on October 11, 2019, by Senior United States District Court Judge Sylvia H. Rambo to one year and one day imprisonment for smuggling goods from the United States. 

According to United States Attorney David J. Freed, Sheng fraudulently and knowingly exported and sent Gulf Coast box turtles to China in November 2017 via the United States mail.  The Gulf Coast box turtle is a protected species under Federal law and cannot be exported from the United States without prior approval from the United States Fish & Wildlife Service.  Sheng pled guilty to smuggling the protected turtles without the required authorization to export wildlife from the United States to China. 

This case was investigated by the United States Fish & Wildlife Service, with assistance from the United States Postal Inspection Service.  Assistant United States Attorney James T. Clancy and Special Assistant United States Attorney Brian G. McDonnell prosecuted the case.

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SCRANTON -The United States Attorney’s Office for the Middle District of Pennsylvania announced that Philip Finn, Jr., age 49, of Plains, Pennsylvania, pleaded guilty on October 9, 2019, before United States District Court Judge James M. Munley, to use of fire to commit stalking.

According to United States Attorney David J. Freed, Finn admitted that on March 6, 2017, he used three Molotov cocktails to set fire to the Luzerne County Children and Youth Building to harass and intimidate two Children and Youth Employees. 

On July 11, 2017, Finn was indicted on charges of stalking, interstate communications and malicious damage to federal property by fire.  The indictment alleged that between March 3, 2017 and March 6, 2017, Finn used Facebook, Google and his cell phone to harass and intimidate two Luzerne County Children and Youth Services employees.  On October 2, 2018, an additional count of Interstate Communications and the charge of use of fire to commit a felony were filed against Finn. On May 14, 2019, a federal grand jury returned a second superseding indictment charging Finn with attempted witness tampering. 

Sentencing is scheduled for January 9, 2020.        

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

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

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Cesar Moscoso-Sagastume, age 39, a citizen of Guatemala, pleaded guilty on October 8, 2019, before Senior U.S. District Court Judge A. Richard Caputo, to participating in a conspiracy that transported more than a kilogram of heroin that was seized by investigators on Interstate 80 near Hazleton in February 2018.

According to United States Attorney David J. Freed, Moscoso-Sagastume admitted to conspiring with others to distribute and possess with intent to distribute between three and ten kilograms of heroin (which is equivalent to between 120,000 and 400,000 retail bags of heroin) between November 2017 and February 2018. Investigators seized approximately five kilograms of heroin during the investigation.

Judge Caputo ordered a presentence investigation to be completed. Sentencing is scheduled for April 30, 2020.

The charge against Moscoso-Sagastume resulted from an investigation by the Drug Enforcement Administration (DEA) and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.  

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

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 is life imprisonment. The charge also carries a mandatory minimum penalty of 10 years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr., of the Western District of New York, together with David J. Freed, U.S. Attorney for the Middle District of Pennsylvania, announced today that Perry Santillo, 39, of Rochester, NY, pleaded guilty, before Chief U.S. District Judge Frank P. Geraci, Jr. for the Western District of New York, to conspiracy to commit mail fraud, mail fraud, and conspiracy to launder money. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine. As part of his plea in the Western District of New York, Santillo has also agreed to plead guilty to a mail fraud charge, which is also relating to his Ponzi scheme activities, that is currently pending against him in the Middle District of Pennsylvania. That charge carries a maximum penalty of 20 years and a $500,000 fine.

Assistant U.S. Attorney John J. Field, who is handling the case in the Western District of New York, and Assistant U.S. Attorney Sean A. Camoni, who is handling the case in the Middle District of Pennsylvania, stated that between January 2008 and June 2018, the defendant conspired with an individual identified as C.P., and others, to obtain money through an investment fraud commonly known as a Ponzi scheme. Specifically, in 2007, Santillo and C.P., as equal partners, formed a business known as Lucian Development in Rochester. Prior to approximately July 2007, Lucian Development raised millions of dollars from investors in Rochester, and elsewhere, by soliciting investments for City Capital Corporation, a business operated by Ephren Taylor. In July 2007, Santillo and C.P. were advised by Ephren Taylor that their investors’ money had been lost. In response, in August 2007, Santillo and C.P. agreed to acquire the assets and debts of City Capital Corporation. The acquisition proved financially ruinous, with the amount of the acquired debt far exceeding the value of the acquired assets. Taylor was later prosecuted and convicted of operating a Ponzi scheme.

Subsequently, Santillo and C.P. chose not to disclose the truth to investors that their money, entrusted to Lucian Development for investment in City Capital Corporation, was gone. Instead, the defendant and C.P. continued to solicit ever-increasing amounts of money from new investors in an unsuccessful attempt to recoup the losses.  In order to find potential investors to solicit and defraud, Santillo and C.P. purchased businesses from established investment advisors or brokers who were looking to exit their businesses. Between approximately 2008 and September 2017, Santillo and C.P., using money obtained from prior investors, purchased the businesses of at least 15 investment advisors or brokers, located in Tennessee, Ohio, Minnesota, Nevada, California (5 businesses), Florida, South Carolina (2 businesses), Texas, Pennsylvania, Maryland, and Indiana.

The investment offerings pitched by Santillo and C.P. consisted principally of unsecured promissory notes and preferred stock issued by various entities controlled by Santillo and C.P. Potential investors were offered an apparent array of investment options to create the illusion of a diversified investment portfolio. Those investment options included products issued by purported issuers such as First Nationle Solutions (FNS), Percipience Global Corporation, United RL Capital Services, Boyles America, Middlebury Development Corporation, and NexMedical Solutions, among others. None of these issuers had substantial bona fide business operations or used investor money in the manner and for the purposes represented to investors. To the extent that an issuer may have had some minor legitimate business activities, it was not profitable and insufficient revenues were generated to pay investors any returns (let alone return the principal amounts of their investments). Santillo, and others, sold fraudulent investments from these issuers to investors who were told that the money received would be used to conduct the purported business of each respective issuer. In fact, however, such issuers were the defendant’s various Ponzi schemes. Santillo, and others working with him, fraudulently induced investors to invest at least $46,000,000 in the First Nationle offering since February 2012, $22,000,000 in the Percipience offering since July 2012, and $25,000,000 in the United RL offering since March 2015.

Over the years, to keep the Ponzi scheme from being detected, a substantial portion of incoming new investor monies were depleted by making promised interest and other payments to earlier investors. Most of the rest of incoming investor money was used by Santillo, C.P. and other co-conspirators: to finance lavish lifestyles of the conspirators, their families and associates; to expand the scheme by purchasing investment advisor/brokerage businesses to obtain access to fresh investors; and to pay operating expenses – salaries for a sales force and administrative staff, office rents and related expenses, housing for employees, and interest on loans—all of which were used to keep the scheme going and maintain a façade of legitimate business operations.

Very little investor money was deployed in productive investments, and when so deployed, the investments yielded meager income and were not profitable, or failed altogether.  The Ponzi scheme was headquartered and based out of locations in Rochester, with a number of satellite offices around the country. Administrative and banking functions were largely performed out of Rochester. The conspiracy employed a variety of sales people, including Santillo and C.P., who traveled around the country to meet with and solicit new investors. In the Middle District of Pennsylvania, Santillo, and others, 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.

Between January 2012 and June 19, 2018, Santillo and C.P. obtained at least $115.5 million from approximately 1000 investors. By the time the scheme collapsed in late-2017/early 2018, Santillo and C.P., doing business through an array of corporate entities, had returned approximately $44.8 million to investors as part of their scheme, but continued to owe investors approximately $70.7 million in principal.

Among the Rochester/Pennsylvania victims area victims of the Ponzi scheme were the following:

• A resident of Webster, NY with a total asset value of $94,341.89 with a fictitious company known as First Nationle Solutions (FNS), which, as of December 31, 2017, was worthless or close to worthless, and
• A resident of Victor, NY and his wife invested approximately $221,758.67 with FNS and Middlebury Development. The couple received three payments of $2500 but lost approximately $214,258.67.
• Since May 2015, Santillo and others fraudulently raised at least $3,000,000 from approximately 30 investors in Pennsylvania, including the MDPA.  

Santillo and C.P. controlled hundreds of different business bank accounts opened under numerous different business names at various financial institutions, including but not limited to Bank of America, Citizens Bank, Genesee Regional Bank and ESL Federal Credit Union. Santillo and C.P. directed and authorized the transactions that occurred in the accounts, including deposits, withdrawals, check writing and funds transfers. The various bank accounts were used to transfer money from one account to another.  Incoming investor money was routinely transferred through several accounts before the funds were finally spent on whatever purpose Santillo and/or C.P. authorized. By moving investors funds through various accounts in various entity names, Santillo and C.P. were able to, conceal and obscure the fact that new investor money was being used to repay earlier investors, finance the operations of the Ponzi scheme, and fund their lifestyles.

“Today’s announcement reaffirms the shared commitment that United States Attorney’s Office’s across the country have to discovering those who hide behind deceptive fraud schemes in an effort to bilk investors out of their hard earned money and savings,” noted U.S. Attorney Kennedy. “This investigation and these pleas should make clear to fraudsters everywhere that you cannot hide and that we will work together across jurisdictions to find you and to bring you to justice.”

“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.”

“The United States Postal Inspection Service is committed to protecting consumers from falling victim to fraud, including illegitimate investment schemes,” stated Postal Inspector-in-Charge Joseph W. Cronin. “Along with our law enforcement counterparts, Postal Inspectors will always pursue individuals who utilize the US Mail to steal the hard earned money of our customers through false and misleading representations."

“Greed fueled Perry Santillo’s crimes and became the common thread throughout this investigation,” said Gary Loeffert, Special Agent-in-charge of the FBI Buffalo Office. “Everyone touched by his greed will forever feel the painful consequences. Santillo’s plea serves as a teachable moment for those criminals who believe they can stay ahead of their Ponzi schemes.”

“Defendants like Perry Santillo lure innocent investors by taking full advantage of their trust and hopes for a better financial future,” said Michael T. Harpster, Special Agent- in-Charge of the FBI’s Philadelphia Division. “As victims envision their nest eggs growing, these scammers are diverting, even pocketing, that hard-earned money. The FBI and our law enforcement partners will continue to bring such financial fraud to light, and its perpetrators to justice.”

IRS-CI Special Agent in Charge Jonathan D. Larsen said, “Tracing the complex flow of money between hundreds of bank accounts is vital in unraveling a Ponzi scheme such as the one perpetrated by Mr. Santillo, and we are proud of the excellence displayed by our team. The collaboration and partnership of our skilled financial investigators and prosecutors provides a formidable adversary in the fight for victims as seen in this case.”   

“Perry Santillo, Jr., conspired with his co-defendants by engaging in a Ponzi scheme that swindled unwitting investors out of tens of millions of dollars in retirement savings. The investors liquidated their retirement accounts to invest with companies Santillo and his-co-conspirators operated.  We will continue to work with our law enforcement partners to protect the integrity of employee benefit plans,” said Michael C. Mikulka, Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General.

“The alleged acts by the perpetrator endangered the financial security of hard-working, innocent New Yorkers and their families,” said Superintendent of Financial Services Linda A. Lacewell. “Anyone who commits insurance fraud by definition is acting against the interest of consumers. I commend the investigative work by DFS in coordination with fellow law enforcement agencies for apprehending the suspect.”

The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Federal Bureau of Investigation, Buffalo Division, under the direction of Special Agent-in-Charge Gary Loeffert, and FBI Scranton Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael C. Mikulka, Special Agent-in-Charge, New York Region, the New York State Department of Financial Services, under the direction of Superintendent Linda A. Lacewell; and the Securities and Exchange Commission.

Sentencing in the Western District of New York is scheduled for March 6, 2020, before Chief Judge Geraci. The arraignment date in the Middle District of Pennsylvania has not yet been set.

# # # 

HARRISBURG – The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Adrian Moye, age 28, of York, was indicted by a federal grand jury on October 2, 2019, and charged with unlawful possession of a firearm and ammunition.

According to U.S. Attorney David J. Freed, the indictment charges Moye with possession of a SCCY CPX-2 9mm firearm and ammunition as a convicted felon, in York County between July 20, 2019 and August 20, 2019.

The charges stem from an investigation conducted by the York City Police Department with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant United States Attorney James T. Clancy 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 in this case for possessing a firearm or ammunition after being convicted of a felony offense 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.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced a settlement with York County under Title II of the Americans with Disabilities Act to improve physical accessibility at the county’s polling places for individuals who use wheel chairs and other mobility aids, and for individuals who are blind or have vision impairments. 

According to United States Attorney David J. Freed, during the May 15, 2018 primary election, the United States Attorney’s Office, along with an architect from the Department of Justice, surveyed a portion of the county’s polling place locations.  The survey resulted in a finding that many of the county’s polling places contain barriers to access for persons with disabilities. Title II of the ADA prohibits discrimination on the basis of disability by a state or local government in any of its programs or services, including its voting program. 

York County is working collaboratively with the United States Attorney’s Office to make all polling places accessible.  Under the terms of the agreement, the county will use an evaluation form for each current and prospective polling place based on ADA architectural standards.  The settlement requires the county to either relocate inaccessible polling places to new, accessible facilities, or to use temporary measures such as portable ramps, signs, traffic cones and doorbells, where appropriate to ensure accessibility on Election Day. 

“The right of individuals to participate in our democratic system of government must not be diminished by barriers and obstacles at polling place locations,” said U.S. Attorney Freed.  “Every voter with a disability should have full and equal access to polling sites. Under this agreement, voters with disabilities will now be able to cast their ballots in person at their polling places alongside their neighbors.”

This investigation was handled by Assistant United States Attorney Michael J. Butler, the civil rights coordinator, with the assistance of the United States Department of Justice, Civil Rights Division (Disability Rights Section).  Those interested in finding out more about the ADA can access the ADA website at www.ada.gov. 

# # #

FBI Uniform Crime Report Shows 3.9 Drop in Violent Crime in 2018

Two years ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), the centerpiece of the department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Throughout the past two years, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.  According to FBI’s Uniform Crime Report released this week, the violent crime rate decreased for the second consecutive year, down 3.9 percent from the 2017 numbers.

“The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”

“In neighborhoods negatively impacted by violent crime across the Middle District of Pennsylvania I hear the same refrain from law abiding citizens: focus your efforts on the violent offenders that are preventing us from enjoying our homes and forcing us to keep our children inside,” said U.S. Attorney Freed.  “We have heard the call. Targeted enforcement and tough cooperative prosecutions are a proven formula for reducing violent crime. Project Safe Neighborhoods allows us to direct law enforcement assets to the areas of greatest need throughout the District.  Our extremely strong cooperative relationships among local, state and federal investigators and prosecutors mean that the right offenders are prosecuted in the right venue for the right crimes.  Nothing is more important to us than public safety.  PSN proves it.”

As we celebrate the two-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions over the past year:

Enforcement Actions

The Middle District of Pennsylvania’ strategy for reducing and preventing violent crime in the Middle District focuses on the Harrisburg, York, Wilkes-Barre and Williamsport areas. Federal, state and local law enforcement officers joined forces to coordinate their activities in high-crime areas and vigorously enforce the laws, which punish gun offenses, gang activity, drug-related crimes and other acts of violence. These partnerships have resulted in a dramatic increase in the number of federal prosecutions against the most violent individuals in our district. 

Just this month, Maurice L. Ross, a previously convicted felon, was sentenced to 77 years’ imprisonment for committing armed robbery of a convenience store on three separate occasions in Harrisburg.

Derek Pelker was sentenced in July 2019, to 533 months’ imprisonment for the armed robbery of four banks. Pelker’s co-defendants received sentences that ranged from 132 months’ imprisonment to nine months imprisonment for their involvement in the robberies.

Anthony Johnson was convicted on May 16, 2019, following a two-day jury trial, for Hobbs Act Robbery and discharging a firearm during a crime of violence in York.  Johnson and his co-conspirator robbed and shot the victim in the head.

In U.S. v. Adrian Ortiz-Diaz, et. al., U.S. v. Kevin Robles, et al. and U.S. v. Jose Miguel Guman Ruiz, et. al., twenty-nine individuals were charged in March 2019 in three separate indictments, for a drug trafficking conspiracy that entailed kilogram quantities of cocaine hydrochloride sent from Puerto Rico through the United States Postal Service to Pennsylvania and being purchased in California and transported to Pennsylvania, which was then distributed to customers in Dauphin, Cumberland, Northumberland and Union Counties.

In December 2018, Tyree Eatmon, a member of the violent York based gang known as “Southside” was sentenced to 21 years’ imprisonment for his activities that ravaged the York area for over a decade.  Eatmon assaulted, kicked and stomped a member of a rival gang.  During the altercation, multiple shots were fired striking an innocent bystander in the head, causing permanent damage. Four Southside gang members have received a sentence of life imprisonment for their gang activities.

Community Partnerships

The Middle District of Pennsylvania joined community and law enforcement partners in York as part of the York Group Violence Initiative (GVI). GVI is designed to reduce street group–involved homicide and gun violence. Two call–ins of 17 persons were conducted in 2018.  The participants were educated on the effects of gun violence on themselves and on their community.  They heard from law enforcement officials and received information from community outreach members who provide mentoring and other services.  Several of the participants have contacted the GVI project manager for help with job placement, securing household items, finding temporary living facilities and help with childcare issues. 

The Middle District joined with the York City Police Department, the York City Mayor, the York County District Attorney’s Office, the York City Community Street Solders, FBI, DEA, and ATF to participate in a community walk on May 22, 2019 in York. U.S. Attorney Freed acknowledged the work performed by federal, state, and local law enforcement by participating in a community walk and promoting the dialogue between law enforcement and the community. The community walk was meant to demonstrate that law enforcement agencies are committed to working with each other and community organizations and residents to reduce crime in these areas. 

Improvements to Community Safety

• For the second consecutive year, the estimated number of violent crimes in the nation decreased when compared with the previous year’s statistics, according to FBI figures released today. In 2018, the number of violent crimes was down 3.3 percent from the 2017 number.

• The 2018 statistics also show the estimated rate of violent crime was 368.9 offenses per 100,000 inhabitants. The violent crime rate fell 3.9 percent when compared with the 2017 rate.

• According to the FBI Uniform Crime Report for 2018, violent crime in Pennsylvania decreased from 40,030 events in 2017 to 39,192 events in 2018.  According to the report, violent crimes include: Murder and non-negligent manslaughter; Rape; Aggravated assault; and Property crime.

These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ronald McKenna, age 39, of Wilkes-Barre, Drew Miller, age 34, of East Stroudsburg, and William Hill, age 38, of East Stroudsburg, were indicted on October 1, 2019, by a federal grand jury for drug trafficking and firearms offenses.

According to United States Attorney David J. Freed, the indictment charges McKenna with conspiracy to distribute heroin and possessing firearms in furtherance of drug trafficking; it charges Miller with using a firearm during and in relation to a drug trafficking crime; and it charges Hill with using a firearm during and in relation to a drug trafficking crime and possessing, and bartering a stolen firearm.  

The conspiracy charge alleges that McKenna conspired with others to distribute heroin in Monroe County between September 2016 and February 2019. The indictment also alleges that all three men committed the gun offenses in February 2019.

The matter was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Stroud Area Regional Police Department. Assistant U.S. Attorney Francis P. Sempa is prosecuting the cases.

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.

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 imprisonment, a term of supervised release following imprisonment, and a fine for using or possessing a firearm in connection with a drug trafficking offense. Those charges also carry a mandatory minimum sentence of five years’ imprisonment. McKenna also faces a potential maximum sentence of 20 years’ imprisonment for the drug conspiracy charge. Hill also faces up to 10 years’ imprisonment if convicted of the possession/bartering of stolen firearm charge. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that ten previously deported aliens were indicted separately on October 2, 2019, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Cumberland, Dauphin, Franklin, Lackawanna, Lebanon, Luzerne, and Northumberland Counties.

According to United States Attorney David J. Freed, Jaime Vazquez-Hernandez, age 38, 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 Northumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Carlos Mejia-Ruiz, age 30, 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 Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.

Yadoris Arismendy Martinez-Sanchez, age 39, of Dominican Republic, was previously deported from the United States to Dominican Republic in April 2014.  He is alleged to have illegally reentered the United States sometime after April 2014, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.

Mario Domingo-Pablo, age 28, of Guatemala, was previously deported from the United States to Guatemala in November 2012.  He is alleged to have illegally reentered the United States sometime after November 2012, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

Ivan Gonzalez-Vasquez, age 31, of Mexico, was previously deported from the United States to Mexico in June 2009.  He is alleged to have illegally reentered the United States sometime after June 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Cesar Rodriguez-Arevalo was previously deported from the United States to El Salvador in November 2008.  He is alleged to have illegally reentered the United States sometime after November 2008, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

Cristian Domingo Rodriguez-Mejia, age 33, of Honduras, was previously deported from the United States to Honduras in July 2008.  He is alleged to have illegally reentered the United States sometime after July 2008, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.

Isael Armando Morales-Mendez, age 32, of Guatemala, was previously deported from the United States to Guatemala in October 2015.  He is alleged to have illegally reentered the United States sometime after October 2015, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

Gustavo Mejia, age 41, of Honduras, was previously deported from the United States to Honduras in September 2013.  He is alleged to have illegally reentered the United States sometime after September 2013, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.

Alejandro Flores-Torres, age 48, of Mexico, was previously deported from the United States to Mexico in January 2005.  He is alleged to have illegally reentered the United States sometime after January 2005, and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.

Flores-Torres faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.  

Vazquez-Hernandez, Mejia-Ruiz, Martinez-Sanchez, Domingo-Pablo, Gonzales-Vasquez,  Rodriguez-Mejia, Morales-Mendez, Mejia, Rodriguez-Arevalo face a maximum penalty of two 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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Laquanna Bacote, age 25, of Wilkes-Barre, Pennsylvania, was indicted on October 1, 2019, by a federal grand jury for her role in a scheme to illegally obtain firearms from federally licensed gun dealers.

According to United States Attorney David J. Freed, the indictment alleges that Bacote conspired with others to make false statements on federal firearms forms to purchase firearms and unlawfully obtain firearms from H & H Tactical in Exeter, Pennsylvania, NJT Arms in Northampton, Pennsylvania, and The Army & Navy Store in Whitehall, Pennsylvania. The indictment alleges that the conspiracy began in or about April 2019, and continues to the present. Bacote is also charged with a substantive count of making a false statements in connection with the purchase of three firearms from H & H Tactical in Exeter on April 23, 2019.

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

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

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

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

The maximum penalty under federal law for the substantive offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for the conspiracy 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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 30, 2019, United States Senior District Court Judge A. Richard Caputo sentenced Al Dunlap, age 29, of Wilkes-Barre, Pennsylvania, to 108 months’ imprisonment followed by three years of supervised release, for heroin trafficking and firearms offenses.

According to United States Attorney David J. Freed, between November 2015 and February 2016, Dunlap was a member of a drug ring that distributed heroin and crack cocaine in the Wilkes-Barre area.  Dunlap sold narcotics on several occasions to confidential informants, and a search warrant of his residence recovered significant quantities of narcotics and several firearms.  Dunlap admitted to distributing over 100 grams of heroin, which is equivalent to approximately 4,000 potentially fatal doses of heroin, and for possessing a firearm in furtherance of his drug dealing activities.  Dunlap also was held responsible for being a manager and supervisor of the drug ring.  As part of the sentence, Judge Caputo forfeited Dunlap’s interest in the firearms and ammunition seized from his residence.

Three other members of the drug ring previously were sentenced by Judge Caputo:

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

Two remaining defendants, Truman Jones and Na’Deardra Mayhams, are scheduled for trial on December 9, 2019.

The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, the Wilkes-Barre Police Department, the Luzerne County Drug Task Force, and by the Pennsylvania State Police.  Assistant United States Attorney Phillip J. Caraballo prosecuted the case.

The 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 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.

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 30, 2019, Ruben Esparza, an inmate formerly of the United States Penitentiary Allenwood, was sentenced to six months’ imprisonment by United States District Court Judge Mathew W. Brann for possession of contraband.

According to United States Attorney David J. Freed, on June 27, 2015, Esparza was found in possession of heroin while he was an inmate at USP Allenwood. The prison sentence runs consecutively to Esparza’s present federal sentence imposed for drug trafficking. 

The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service.  Assistant U.S. Attorney Geoffrey W. MacArthur and Special Assistant United States Attorney Michael Figgsganter prosecuted the case.

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Benjamin Butler, age 33, of Williamsport, Pennsylvania, was charged on September 26, 2019, with six counts of wire fraud.

According to United States Attorney David J. Freed, the indictment alleges that Butler engaged in a kiting scheme in September and October of 2015, whereby he allegedly used multiple credit card accounts to fraudulently pay off $18,850 of credit card charges by using the temporary credit on one card to pay off another account even though he did not have the funds to ultimately cover such a payment.

The charges stem from an investigation by the Federal Bureau of Investigation and the Department of Justice Office of the Inspector General.  Assistant United States Attorney Geoffrey 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.

Butler is facing a maximum of 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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Court Judge A. Richard Caputo sentenced three men from New York for various heroin trafficking and firearms offenses.  On September 19, 2019, Judge Caputo sentenced Jose Mendoza, age 41, to a time served sentence of approximately 13 months, and three years of supervised, for conspiring to distribute heroin.  On September 26, 2019, Judge Caputo sentenced Edwin Aguilar, age 27, to two years of probation, for conspiring to distribute heroin.  That same day, Luis Mercado, age 48, was sentenced to 110 months’ imprisonment and four years of supervised release, for conspiring to distribute in excess of 100 grams of heroin, and for aiding and abetting the transportation of stolen firearms.

According to United States David J. Freed, Mercado brokered the sale of 47 firearms stolen from Fulmer’s Sporting Goods, a federally licensed firearms dealer in Wysox, Pennsylvania.  Mercado and his co-conspirators, Jared Miller and Aaron Vanderpool, received heroin and cash in exchange for the stolen firearms.  Mercado admitted to trafficking between 100 grams and 400 grams of heroin, which is the equivalent of approximately 4,000 to 16,000 potentially fatal doses of heroin between New York and Pennsylvania in June 2012 through June 2015.  As part of his sentence, Mercado was ordered to pay $27,383.75 in restitution.

Mendoza and Aguilar worked as drug couriers who trafficked between 20 grams and 40 grams of heroin, which is the equivalent to approximately 800 to 1,600 potentially fatal doses of heroin.  Mendoza and Aguilar were apprehended transporting heroin from New York to Pennsylvania on August 31, 2015.

Miller previously was sentenced to 84 months’ imprisonment, and Vanderpool was sentenced to 77 months’ imprisonment for their roles in the offenses.  One other individual associated with the investigation, Jose Espinosa, pleaded guilty to heroin trafficking and stolen firearms offenses, and awaits sentencing.

The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, and the Pennsylvania State Police.  Assistant United States Attorney Phillip J. Caraballo prosecuted the cases.

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

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dawan “Finesse” Oliver, age 36, currently an inmate at Dauphin County Prison, was sentenced to 21 months’ imprisonment and ordered to pay an assessment of $5,000 under the Justice for Victims of Trafficking Act by Senior United States District Judge Yvette Kane for interstate travel in aid of prostitution.

According to United States Attorney David J. Freed, Oliver was sentenced by Judge Kane in 2008 for his participation in a large conspiracy involving trafficking of minor girls and women from Toledo, Ohio, to the Harrisburg area to engage in prostitution.  He was sentenced to serve nine years in federal prison at that time.  Law enforcement authorities in Lower Paxton Township became aware of Oliver engaging in similar conduct in 2018, this time with adult women only.  Upon receiving the information that Oliver had transported a young woman from Toledo to Harrisburg for prostitution, Oliver was arrested and charged federally.  He entered a guilty plea to a one-count indictment charging interstate travel in aid of prostitution in June 2019.  The 21-month sentence imposed by Judge Kane was at the top of the advisory Sentencing Guideline range.

This case was investigated by the Lower Paxton Township Police Department with assistance from the Federal Bureau of Investigation.  Assistant United States Attorney James T. Clancy prosecuted the case. 

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

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tavon Johnson, age 29, an inmate at the Federal Correctional Institution, Allenwood (FCI Allenwood), was indicted on September 26, 2019, for possession of a controlled substance.  

According to United States Attorney David J. Freed, the indictment alleges that Johnson was found on May 21, 2018 in possession of 120 strips of suboxone, a prescription opioid narcotic, hidden on his person after receiving a visit.

The charges stem from an investigation by officers at FCI Allenwood and agents of the Federal Bureau of Investigation.  Assistant United States Attorney Geoffrey 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.

Johnson is facing a maximum of twenty years of incarceration 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 – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gregory A. Jackson, age 54, of Philadelphia, Pennsylvania, was sentenced on September 23, 2019, to 121 months’ imprisonment to be followed by five years on supervised release, by Chief U.S. District Court Judge Christopher C. Conner, for distributing methamphetamine.

According to United States Attorney David J. Freed, Jackson was convicted in November 2018 after a two-day jury trial.  The evidence presented at trial showed that in September 2017, Jackson traveled from Philadelphia to York and delivered over 100 grams of pure methamphetamine to another individual.    

The case was investigated by the Federal Bureau of Investigation, the Springettsbury Township Police Department, the Pennsylvania State Police, and the York County Drug Task Force.  Assistant United States Attorneys Carlo D. Marchioli and James T. Clancy prosecuted the case.

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Earl T. Cook, Jr., age 55, of New Cumberland, Pennsylvania, was sentenced on September 25, 2019, by United States District Court Judge John E. Jones III, to five years’ imprisonment followed by five years’ on supervised release, for receipt of child pornography.  Judge Jones also ordered Cook to pay an assessment of $5,000 under the Justice for Victims of Trafficking Act.

According to United States Attorney David J. Freed, Cook admitted to receiving child pornography over the internet between October 2014 and March 2015, in New Cumberland. 

This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy prosecuted the case.  

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Angela Haggerty, age 44, of Hazleton, Pennsylvania, was sentenced on September 25, 2019, by U.S. District Court Judge Robert D. Mariani to 37 months’ imprisonment followed by three years’ supervised release, for participating in a heroin trafficking conspiracy that operated in Hazleton and other areas of Luzerne County.

According to United States Attorney David J. Freed, Haggerty previously pleaded guilty to conspiracy to distribute more than 700 grams of heroin between February 2016 and January 2017 (700 grams is equivalent to approximately 28,000 individual doses of heroin).

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Castro, age 29, of Reading, Pennsylvania, was sentenced on September 25, 2019, by U.S. District Court Judge Robert D. Mariani, to 57 months’ imprisonment for participating in a methamphetamine trafficking conspiracy that operated in Schuylkill and Berks Counties.

According to United States Attorney David J. Freed, Castro previously pleaded guilty to conspiracy to distribute more than 500 grams of methamphetamine between July 2016 and May 2017.

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police in Schuylkill County. 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.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Birch, age 46, of Allentown, was sentenced on September 25, 2019, to 140 months’ imprisonment by Senior U.S. District Court Judge A. Richard Caputo, for his role in a heroin trafficking conspiracy that operated in Carbon and Lehigh Counties from December 2014 through September 2016.

According to United States Attorney David J. Freed, Birch previously admitted to obtaining heroin from suppliers in New York and Allentown and distributing the drug in Carbon County, Pennsylvania, and elsewhere. Birch was responsible for distributing between 100 grams and 400 grams of heroin, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.

Judge Caputo also ordered Birch to serve four years on supervised release following his prison sentence.

The case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police, and Allentown Police Department. 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.

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Timothy Scheitlan, age 43, of Madison Township, Pennsylvania, was sentenced on September 20, 2019, to six months home confinement, by United States District Court Judge A. Richard Caputo for stealing money from Tobyhanna Army Deport.  Judge Caputo also ordered Scheitlan to pay restitution in the amount of $95,000. 

According to United States Attorney David J. Freed, Scheitlan previously pleaded guilty to stealing over $95,000 from Tobyhanna Army Depot between 2014 and 2017, and admitted that during the course of his employment, he removed money from vending machines for his own personal use. The money that Scheitlan stole from the vending machines is used to provide recreational facilities to military personnel.

The case was investigated by the U.S. Army Criminal Investigation Division.  Assistant United States Attorney Jenny P. Roberts prosecuted the case. 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Charles Brown, age 39, of Hazleton, Pennsylvania, was sentenced on September 19, 2019, to 240 months’ imprisonment followed by five years of supervised release, by United States District Court Judge Malachy E. Mannion, for distribution and possession with intent to distribute more than one kilogram of heroin, more than 280 grams of cocaine base (crack), and fentanyl (one kilogram is equivalent to approximately 40,000-50,000 individual doses).   

According to United States Attorney David J. Freed, Brown previously pleaded guilty to participating in the conspiracy during 2015 and 2016.  Brown rented a residence on East Birch Street in Hazleton where he and multiple other individuals distributed heroin, crack cocaine and fentanyl to customers on a daily basis.  Brown also admitted that he possessed a firearm in connection with his drug distribution activities.   

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

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

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Clay Aaron Rasp, age 34, of McConnellsburg, Pennsylvania, was sentenced yesterday to 210 months’ imprisonment by Chief United States District Court Judge Christopher C. Conner, for distribution of child pornography.

According to United States Attorney David J. Freed, in April 2019, Rasp pled guilty to distributing child pornography between January 2017 to July 2017, in McConnellsburg. During Rasp’s sentencing hearing, Chief Judge Conner noted Rasp’s efforts to lure an eleven-year-old child from Washington State to produce pornography for him as a factor in the 210-month sentence.

The Lower Heidelberg Police Department, the Pennsylvania State Police and the Federal Bureau of Investigation investigated the case.  Assistant U.S. Attorney Michael Consiglio  prosecuted the case.

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jordan James, age 22, of Brooklyn, New York, was sentenced yesterday to 96 months’ imprisonment by Chief United States District Court Judge Christopher C. Conner, for distribution of child pornography.

According to United States Attorney David J. Freed, in May 2019, James pled guilty to distributing child pornography between May 2017 to May 2018, when he resided in Carlisle, Pennsylvania.

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Fausto Hernandez, age 41, of Tobyhanna, Pennsylvania, was indicted on September 17, 2019, by a federal grand jury for cocaine trafficking.

According to United States Attorney David J. Freed, the indictment charges Hernandez with four counts of distribution of cocaine, and one count of possession with intent to distribute cocaine between June 11 and August 6, 2019, in Monroe County. 

This matter was investigated by the Drug Enforcement Agency (DEA) and the Pocono Mountain Regional Police Department.  Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.

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

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Maurice L. Ross, age 35, of Harrisburg, Pennsylvania, was sentenced on September 17, 2019, to 924 months’ imprisonment followed by five years on supervised release, by United States District Court Judge Yvette Kane for unlawful possession of a firearm as a convicted felon and three armed robberies. 

Judge Kane also ordered Ross to pay restitution in the amount of $2,147 to Brookwood Mart and the convenience store clerk victims.

According to United States Attorney David J. Freed, Ross was convicted on November 6, 2018 after a two-day jury trial, of three counts of a felon in possession of a firearm (a Charter Arms .38 caliber revolver), three counts of interference with commerce by threats or violence, and three counts of carrying and brandishing a firearm in furtherance of a crime of violence.

Ross robbed the Brookwood Mart, located in Harrisburg, by gunpoint on three separate occasions on December 8, 17, and 22, 2016. Each time, he stole hundreds of dollars of cash from the store registers.  Two of the three times, he also stole dozens of instant lottery tickets. The robberies occurred several months after Ross was released from federal prison after serving five years for possession with intent to distribute cocaine base and possessing a firearm in furtherance of drug trafficking.

There was surveillance footage from the robberies, but Ross was heavily hooded and masked, so identification was a significant issue, but Ross cashed some of the stolen lottery tickets the morning after one of the robberies at another convenience store, before the tickets could even be reported stolen.  The PA Lottery provided the location, date and time of the cashings, and Harrisburg detectives were able to review in-store surveillance videos at the store where the tickets were cashed.  That surveillance footage revealed a license plate that led detectives to Ross’ residence where a search warrant was executed.  Detectives found the very distinctive gun Ross used in all three robberies, a shirt tied like a mask, a pair of black boots, a black knit hat and a flat-brimmed hat seen in surveillance footage. 

The case was investigated by the Harrisburg Police Department.  Assistant United States Attorneys James T. Clancy and Carl Marchioli prosecuted the case.

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Anthony Navarro-Velez, age 34, of Shenandoah, Pennsylvania, was sentenced on September 9, 2019, to 121 months’ imprisonment by Senior U.S. District Court Judge James M. Munley, for his role in a conspiracy to distribute and possess with intent to distribute more than a kilogram of heroin.

According to United States Attorney David J. Freed, Navarro-Velez previously pleaded guilty to participating in the conspiracy during 2014 and 2015. Navarro-Velez admitted that he and others in the conspiracy distributed between one and three kilograms of heroin, which is approximately equivalent to between 40,000 and 120,000 retail bags of heroin. The heroin was obtained from suppliers in Paterson, New Jersey, and Hazleton, Pennsylvania.

Judge Munley also ordered Navarro-Velez to serve five years on supervised release following his prison sentence, and to forfeit firearms and his share of cash seized during the investigation.

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Shenandoah 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.

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tony J. Liesenfeld, age 49, of Selinsgrove, Pennsylvania, was charged on September 13, 2019 in a felony information with wire fraud.

According to United States Attorney David J. Freed, the information alleges that between June 11, 2001 and November 25, 2015, Liesenfeld embezzled over $77,000 from American Federation of Government Employees Local 148.  Liesenfeld allegedly used a union credit card to make unauthorized purchases and cash withdrawals, and forged checks from a union account to the same ends. 

The case was investigated by the U.S. Department of Labor Office of Labor-Management Standards and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Deovonie Birch, age 23, of Allentown, was sentenced on September 13, 2019 to serve 31 months’ imprisonment by Senior U.S. District Court Judge A. Richard Caputo, for his role in a conspiracy to distribute and possess with intent to distribute heroin.

According to United States Attorney David J. Freed, the defendant previously pleaded guilty to participating in the conspiracy during 2015 and 2016. Deovonie Birch admitted that he acted as a sub-distributor of heroin for his father, Robert Birch, who headed-up the conspiracy. The conspiracy obtained heroin from suppliers in New York and Allentown, and distributed it to customers in Carbon County, Pennsylvania, and elsewhere. Deovonie Birch was responsible for distributing between 60 and 80 grams of heroin, which is approximately equivalent to between 2300 and 3300 retail bags of heroin.

Judge Caputo also ordered Birch to serve three years on supervised release following his prison sentence.

Birch was indicted by a grand jury in September 2016, as a result of an investigation by agents of the Drug Enforcement Administration, members of the Pennsylvania State Police, and Allentown 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.

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Birch, age 46, of Allentown, pleaded guilty on September 13, 2019 to conspiracy to distribute more than 100 grams of heroin before Senior U.S. District Court Judge A. Richard Caputo.

According to United States Attorney David J. Freed, Birch admitted to regularly obtaining heroin from suppliers in New York and Allentown and distributing the drug in Carbon County, Pennsylvania, and elsewhere. Birch admitted to being responsible for distributing between 100 grams and 400 grams of heroin, which is approximately equivalent to between 4000 and 16,000 retail bags of heroin.

Judge Caputo scheduled sentencing for September 25, 2019.

Birch was indicted by a grand jury in September 2016, as a result of an investigation by agents of the Drug Enforcement Administration, members of the Pennsylvania State Police, and Allentown Police. Assistant United States Attorney Francis P. Sempa is prosecuting the case.

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

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 is 40 years’ imprisonment. The charge also carries a mandatory minimum penalty of five years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.                 

# # #

HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on September 11, 2019 that Juan Delvalle-Andino, 31, and Pablo Ortiz-Calzada, 33, both of Lebanon, were indicted by a federal grand on drug trafficking charges.      

According to United States Attorney David J. Freed, the indictment alleges that Delvalle-Andino and Ortiz-Calzada conspired with one another to possess over 500 grams of cocaine, attempted to possess over 500 grams of cocaine, and in fact did possess some quantity of cocaine.  The indictment further alleges that both individuals had previously been convicted in the Judicial District of Puerto Rico of serious drug felonies. 

The case was investigated by the U.S. Postal Inspectors and the Pennsylvania State Police.  The case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.

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

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on September 11, 2019, Judith Cefaly, age 54, of Mountain Top, Pennsylvania, was sentenced to 24 months of imprisonment and two years of supervised release, by United States District Judge James Munley, for failing to remit to the Internal Revenue Service (IRS) federal payroll taxes.

According to United States Attorney David J. Freed, Cefaly was the former general manager and part owner of Shakti, Inc., a beauty salon and spa in Kingston, Pennsylvania, from 1997 through 2017.  Cefaly previously pleaded guilty to an information alleging that she withheld federal payroll taxes from employees’ paychecks, but failed to then remit those taxes to the IRS.  Over the course of tax years 2011 through 2016, Cefaly failed to remit over $646,000 of those federal taxes to the IRS, instead using the funds for her personal benefit.

In addition to the terms of imprisonment and supervised release, Judge Munley also ordered Cefaly to pay $646,620.26 in restitution.

The investigation was conducted by the IRS Criminal Investigations Division.  The case was prosecuted by Assistant United States Attorney Phillip J. Caraballo.

###

HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on September 11, 2019 Qushawn Brown, age 28, Wesley Garner, age 25, and Anderson Ortiz, age 20, of Harrisburg, were indicted by a federal grand jury on drug trafficking and firearms charges.

According to United States Attorney David J. Freed the defendants are charged with operating a drug trafficking conspiracy from 2018 to August 2019 that distributed crack cocaine and heroin. The defendants used firearms during their drug trafficking activities including assault rifles with extended magazines.

The case was investigated by Bureau of Alcohol Tobacco, Firearms, and Explosives, the Harrisburg Bureau of Police, and the Pennsylvania State Police. The case is being prosecuted by Assistant U.S. Attorney Michael Consiglio.

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

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

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

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.

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WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Andrew Perez, age 31, of Allentown, Lehigh County, was sentenced yesterday by Senior U.S. District Court Judge A. Richard Caputo to ninety months’ imprisonment and four years on supervised release for his role in a Monroe County-based heroin and cocaine trafficking conspiracy.

According to United States Attorney David J. Freed, Perez previously pleaded guilty to conspiring with others to distribute between 700 grams and 1 kilogram of heroin (which is equivalent to 28,000 to 40,000 individual doses of heroin), as well as additional amounts of crack cocaine, in the Monroe County area between May and July 2015.  Perez 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 (DEA) 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.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Martin Evers, age 61, a Pike County, Pennsylvania, physician, was indicted on August 28, 2019, by a federal grand jury for unlawfully distributing controlled substances without a legitimate medical purpose resulting in death.

According to United States Attorney David J. Freed, the indictment alleges that in September 2014, Evers unlawfully provided prescriptions for fentanyl and methadone, both Schedule II controlled substances, and diazepam, a Schedule IV controlled substance, that caused the death of one of his patients. 

Evers appeared before Magistrate Judge Karoline Mehalchick today for his arraignment and was released under pre-trial supervision by Federal Probation.

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

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

The charges stem from an investigation by Drug Diversion agents with the Drug Enforcement Administration (DEA).  Assistant United States Attorney Michelle Olshefski is prosecuting the case.

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

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

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

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brenda Cruise, age 48, of Dunmore, pleaded guilty on September 3, 2019 before U.S. District Court Judge James M. Munley, to conspiracy to provide contraband to inmates at the Lackawanna County Prison.

According to United States Attorney David J. Freed, Cruise admitted that while she worked as a contract employee at the prison, she participated in a scheme to bring marijuana, suboxone, synthetic marijuana (“spice”), and tobacco to inmates at the prison between February 2018 and December 2018.

Cruise is the fourth person to be charged and plead guilty as a result of the investigation.  Sentencing for Cruise is scheduled for December 4, 2019.

The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

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

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Crispin Fernandez, age 26, a California resident, pleaded guilty on August 30, 2019, to participating in a conspiracy that transported more than a kilogram of heroin from California to Carbon County, Pennsylvania, before U.S. District Court Judge Malachy E. Mannion.   

According to United States Attorney David J. Freed, Fernandez admitted to conspiring with others to send more than one kilogram of heroin via couriers between July 2018 and the present. A kilogram of heroin is equivalent to approximately 40,000 retail bags of heroin.

Fernandez was charged in a superseding information with conspiracy to distribute and possess with intent to distribute in excess of one kilogram of heroin. Agents seized close to three kilograms during the investigation in Pennsylvania and Illinois.

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

The charge against Fernandez resulted from an investigation by the Drug Enforcement Administration (DEA), the Pennsylvania State Police, and the Illinois State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.  

This case is also a 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 is life imprisonment. The charge also carries a mandatory minimum penalty of 15 years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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