Middle District of Pennsylvania

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jeffrey Scott Jones, age 62, pleaded guilty before United States District Court Judge Matthew W. Brann to the distribution of a controlled substance that resulted in the death of a Bloomsburg man in 2016.

According to United States Attorney David J. Freed, Jones sold heroin laced with fentanyl to a Bloomsburg man in July 2016, at which time the victim consumed the heroin and fatally overdosed.  

The case was investigated by the Scott Township Police Department and 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.

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.

Jones faces a mandatory minimum sentence of 20 years in prison and a potential life sentence as well as a maximum fine of $1,000,000. 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 David D. Klepadlo, age 63, of Clarks Summit, and the company he owns, David D. Klepadlo & Associates, Inc., pleaded guilty on December 19, 2018, before United States District Court Judge A. Richard Caputo to making false statements in violation of the Clean Water Act and tampering with a government witness.

According to United States Attorney David J. Freed, Klepadlo was certified by the Commonwealth of Pennsylvania as a waste water treatment plant operator.  Klepadlo and his company contracted with local municipalities to operate and manage the municipalities’ waste water treatment plants in accordance with regulations and limitations in permits issued by the Pennsylvania Department of Environmental Protection (PADEP) and the U.S. Environmental Protections Agency (EPA). 

The permits required that the permittee at all times maintain in good working order, and properly operate all facilities and systems installed and used to achieve compliance with the terms and conditions of the permits.  For approximately two years, beginning in May 2012 and continuing through June 2014, Klepadlo and his company failed to properly operate and maintain the facilities (Greenfield Township Sewer Authority, Lackawanna County, and the Benton/Nicholson Sewer Authority, both Lackawanna and Wyoming Counties) and systems of treatment and control, in accordance with terms and conditions of the permits. 

Klepadlo knowingly failed to take daily and weekly samples and measurements required for the purpose of monitoring pollutants discharged into waterways of the United States; knowingly created false test results and falsely reported those results in discharge monitoring reports submitted monthly to the PADEP and the EPA.

Klepadlo also admitted to attempting to persuade a government witness to fabricate a false explanation for the Clean Water Act violations for the purpose of influencing testimony of a witness in an official proceeding involving the testing and registering requirements of the permits.

Waste water from the Greenfield publicly-owned treatment plan is discharged into a tributary of Dundaff Creek, which flows into Tunkhannock Creek, which flows into the Susquehanna River.  Waste water from the Benton/Nicholson facility flows into a tributary of South Branch Tunkhannock Creek, which also flows into the Susquehanna River. 

“For personal profit, the Defendant in this case violated the Clean Water Act and tampered with a government witness,” said U.S. Attorney Freed.  “His failure to complete appropriate and necessary testing violated the trust of our citizens who depend upon public entities to ensure clean, safe drinking water. The one constant uniting the diverse communities of the Middle District of Pennsylvania is the Susquehanna River, providing us with an abundant natural resource as well as commercial and recreational opportunities.  Working with our partners at EPA Criminal Enforcement, the FBI and the Pennsylvania DEP we are committed to protecting this important asset and ferreting out violations of the Act.”

“The defendant not only violated the Clean Water Act by failing to properly operate a waste water treatment facility, but also created false test results to mislead state and federal officials,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in Pennsylvania.  “He then attempted to persuade a government witness to fabricate a false explanation of the violations. EPA and its law enforcement partners are committed to the protection of public health and will continue to pursue those who undermine those efforts.”

“At every turn, it seems, David Klepadlo opted to cut corners and tell lies,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “After tampering with his water samples, he sought to do the same with a government witness. The FBI will continue to work with our state and federal partners to investigate and stamp out such corruption.”

The charges stem from an investigation jointly conducted by the Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and the Federal Bureau of Investigations.  Assistant United States Attorney Michelle Olshefski is prosecuting the case.        

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

In this case, the maximum penalty for the Clean Water Act violation is punishable by up to 2 years’ imprisonment and a sliding scale for fines of $5,000 to $25,000 per violation, per day.  The maximum penalty under the tampering with a witness statute is 20 years’ imprisonment, and a $250,000 fine.  Each crime also carries a term of supervised release following imprisonment.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew McCollum, age 34, of Scranton, Pennsylvania, was sentenced on December 19, 2018, to 188 months’ imprisonment and three years’ supervised release by Senior United States District Court Judge A. Richard Caputo for drug distribution resulting in death.

According to United States Attorney David J. Freed, on December 13, 2015, McCollum distributed fentanyl laced heroin to a Dunmore man resulting in his death.

McCollum was indicted along with Josthan Cardona, age 27, and Holly Kaszuba, age 44, both of Scranton, on August 23, 2017.  Cardona pleaded guilty on October 24, 2018 to conspiracy to distribute a controlled substance that resulted in two deaths and caused serious bodily injury to another.  He is awaiting sentencing.  Kaszuba was convicted by a jury trial on November 7, 2018 of drug distribution resulting in death and awaits sentencing.

Judge Caputo also ordered McCollum to pay restitution in the amount of $8,000. 

The investigation was conducted by the Drug Enforcement Administration – Scranton Office, and the Dunmore and Scranton Police Departments.  Assistant United States Attorney Michelle Olshefski prosecuted the case.

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

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 14, 2018, a federal grand jury returned a superseding indictment charging Pedro Quinones, age 44, of Tobyhanna, Pennsylvania and Douglas DeHaven, age 35, of East Stroudsburg, Pennsylvania, with multiple counts of making false statements to federally licensed firearms dealers.  The superseding indictment had been under seal pending the arrest of Quinones, who was arrested yesterday.  DeHaven was arrested in August.

According to United States Attorney David J. Freed, the superseding indictment charges Quinones and DeHaven with providing false information, conspiracy, and aiding and abetting, regarding the purchases of fourteen firearms between January 5, 2018 and February 11, 2018.  It is alleged that two of the firearms were purchased from Bella Mia Jewels in Tannersville; nine of the firearms were purchased from Dunkelberger’s Sports Outfitters, in Brodheadsville; and three of the firearms were purchased from Dunkelberger’s Sports Outfitters, in Stroudsburg.  The superseding indictment also charges Quinones with being a convicted felon in possession of firearms. 

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  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 and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Arvco Container Corporation of Kalamazoo, Michigan has agreed to pay the United States $400,000 to settle False Claims Act allegations in connection with a contract with the Defense Logistics Agency Acquisition Operations (DLA) in New Cumberland, Pennsylvania.

According to United States Attorney David J. Freed, Arvco Container Corporation (Arvco) violated subcontract limitations imposed by federal regulations and the terms of a contract to provide corrugated boxes to the federal government from August 3, 2010 through August 3, 2014.  The contract was awarded by the DLA in New Cumberland, Pennsylvania to Fibre Technologies LLC (Fibre) located in Reading, Pennsylvania.  The contract was set-aside for eligible HUBZone small businesses in accordance with program requirements administered by the U.S. Small Business Administration.  Federal regulations and the terms of the contract limited Fibre’s ability to subcontract the manufacturing of the boxes to no more than 50 percent.  Arvco performed 100 percent of the manufacturing requirement.  Arvco’s gross profits for the performance of the Contract total $246,682 which will be returned to DLA.  Arvco also agreed to pay a civil penalty amount of $153,318. 

“I commend the dogged investigative efforts of our partners at SBA/OIG and DCIS in this case,” said U.S. Attorney Freed.  “Their outstanding efforts and the excellent legal work by AUSA Timothy Judge have ensured that Arvco’s ill-gotten profits have been returned, and an appropriate penalty has been assessed to deter other contractors from this behavior in the future.  The United States Attorney’s office is steadfastly dedicated to protecting the resources entrusted to us by the taxpayers.”

“Limitations on subtracting ensure that otherwise ineligible businesses don’t use small or disadvantaged businesses merely as vehicles to access set-aside contracts,” said Inspector General Hannibal “Mike” Ware.  “OIG will aggressively investigate violations of limitations on subcontracting to protect the integrity of SBA’s set-aside contracting programs.  I want to thank the U.S. Attorney’s Office and our law enforcement partners for their leadership and dedication throughout this investigation.”

"Today's settlement agreement is the successful result of a joint investigative effort by the U.S. Attorney's Office, SBA-OIG and the Defense Criminal Investigative Service (DCIS)," stated Special Agent-in-Charge Leigh-Alistair Barzey, DCIS Northeast Field Office.  "DCIS will continue to work with its law enforcement partners to ensure the integrity of the Defense procurement process."

SBA’s General Counsel Christopher Pilkerton said, “The settlement in this matter demonstrates the excellent results achieved through the combined efforts of federal agencies to uncover and forcefully respond to procurement fraud.  SBA is strongly committed to identifying and aggressively pursuing instances of fraud perpetrated by those participating in SBA’s procurement programs."

This case was investigated by the United States Attorney’s Office for the Middle District of Pennsylvania, the U.S. Small Business Administration Office of Inspector General, and the Defense Criminal Investigative Service.  The case was litigated by Assistant United States Attorney Timothy S. Judge. 

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Former McConnellsburg High School Basketball Coach, Dane Robert Pollock, age 35, of McConnellsburg, Pennsylvania, was sentenced on December 18, 2018, to 86 months’ imprisonment by U.S. District Court Judge Sylvia H. Rambo for receipt and distribution of child pornography.  Following Pollock’s seven-year sentence, Judge Rambo imposed a 10-year period of supervised release and a host of strict conditions Pollock must comply with, including having no unsupervised contact with minors under age 18, engaging in no contact with the victims and registering as a sex offender.   

According to United States Attorney David J. Freed, Pollock took sexually explicit, nude photographs and videos of at least one female student who was under the age of 18 years of age in 2016.  During the investigation, agents identified other minor victims Pollock had exploited between 2011 and 2016, while Pollock was the basketball coach and athletic director.

The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Meredith A. Taylor 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 on December 17, 2018, U.S. District Court Judge Sylvia H. Rambo sentenced Kevin O’Neal Thomas, age 33, of York, Pennsylvania, to 50 months’ imprisonment for possession of ammunition.

According to United States Attorney David J. Freed, on June 21, 2017, Thomas possessed ammunition at Stockade Tavern, York, when Thomas shot a 9mm round into the floor of the bar. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department and is being prosecuted by Assistant U.S. Attorney Meredith A. Taylor.

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.

# # #

WILKES-BARRE – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 17, 2018, United States District Court Judge A. Richard Caputo sentenced Niskauri DeJesus-Toribio, age 21, who resided in Wilkes-Barre, Pennsylvania, to a time-served sentence of one day and two years of supervised release for stealing mail.

According to United States Attorney David J. Freed, DeJesus-Toribio was convicted of conspiring with others to steal checks from mail receptacles throughout Luzerne County, deposit the checks into accounts under their control, and withdraw the funds in cash.  As part of the sentence, Judge Caputo ordered DeJesus-Toribio to pay $16,310.91 to the victims of her crimes.  DeJesus-Toribio’s co-defendant, Michael Mejia, was previously convicted and sentenced to approximately six months of imprisonment.

The investigation was conducted by United States Postal Inspection Service.  Assistant United States Attorney Phillip J. Caraballo prosecuted the case.

# # #

WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Myles Davis, age 30, of Tobyhanna, Pennsylvania, was sentenced yesterday by Senior U.S. District Court Judge A. Richard Caputo to five years’ 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, Davis previously pleaded guilty to conspiring with others to distribute between 100 and 400 grams of heroin in the Monroe County area between May and July 2015. The amount of heroin for which Davis was responsible for distributing was equivalent to approximately 4,000 – 16,000 retail bags of heroin.

Davis was one of eleven individuals indicted by a grand jury in July 2015 and charged with conspiring to distribute heroin and cocaine in the Monroe County area.   To date, nine defendants have entered guilty pleas.

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 is prosecuting the case.

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

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

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.

# # #

WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Steven Silva-Lugo, age 32, of Henryville, Monroe County, pleaded guilty yesterday before U.S. District Court Senior Judge A. Richard Caputo to the charge of conspiracy to distribute crack cocaine and powder cocaine.  

According to United States Attorney David J. Freed, Silva-Lugo admitted to participating in a conspiracy to distribute between 280 grams and 840 grams of crack cocaine, as well as between 3.5 kilograms and 5 kilograms of powder cocaine, in the Monroe County area between May and July 2015.  Silva-Lugo 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. To date, eight defendants have entered guilty pleas and one defendant, Myles Davis, was sentenced to five years’ imprisonment.

Judge Caputo ordered a presentence report to be completed.  Sentencing will be scheduled at a later date.       

The investigation was conducted by the Drug Enforcement Administration (DEA) and the Pocono Mountain Regional Police Department.  Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

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

This 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.

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

The charge carries a mandatory minimum sentence of ten years in prison.  The maximum penalty under federal law is up to 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.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brandon L. Heaton, age 35, of Clarks Summit, Pennsylvania, was sentenced to 21 months’ imprisonment yesterday by U.S. District Court Judge A. Richard Caputo for possession of stolen mail and bank fraud.

According to United States Attorney David J. Freed, Heaton previously pleaded guilty to  stealing mailed checks from mail boxes, forging and depositing the checks, and withdrawing money from his accounts between September 6-12, 2017.

Judge Caputo also ordered Heaton to pay $14,936.95 in restitution and to serve three years on supervised release following his prison sentence.

The case was investigated by the United States Postal Inspection Service.  Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.    

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Isaiah Moore-Brown, age 29, of Jim Thorpe, Pennsylvania, was sentenced to 101 months’ imprisonment and three years of supervised release on December 17, 2018, by United States District Court Judge James M. Munley, for possessing with the intent to distribute cocaine base, and for possessing firearms in furtherance of his narcotics trafficking.

According to United States Attorney David J. Freed, Moore-Brown pleaded guilty to distributing between 28 grams and 112 grams of crack cocaine in the Carbon County area in January 2017.  Law enforcement officials recovered narcotics, three firearms, and ammunition during a search warrant execution at Moore-Brown’s Jim Thorpe residence. 

The case was investigated by Homeland Security Investigations and the Pennsylvania Attorney General’s Office.  Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sally Berry, age 62, of Steelton, Pennsylvania, was charged  in a criminal information on December 13, 2018, with wire fraud for defrauding a 78 year-old man out of $86,500.

According to United States Attorney David J. Freed, the criminal information alleges that Berry defrauded the victim by falsely representing to him that Berry was going to receive a $750,000 settlement from the Western Union, fraud victim reimbursement fund and by persuading him to give her a series of eight loans between September 2017 and July 2018 totaling $97,500 to pay attorney fees and travel expenses incurred in connection with her settlement.

In January of 2017, Western Union entered into a Deferred Prosecution Agreement with the U.S. Department of Justice and the U.S. Attorneys’ Office for the Middle District of Pennsylvania wherein Western Union forfeited the sum of $586 million to the government. Under the terms of the Agreement the government made the $586 million available to reimburse victims of mass marketing, consumer fraud schemes who were fraudulently induced into sending Western Union money transfers between 2004 and 2017.

To process the claims submitted by the thousands of fraud victims, the Department of Justice retained the services of Gilardi and Company, LLC (Gilardi), to serve as the forfeiture fund’s petition for remission administrator. 

On or about May 30, 2018, Berry submitted a claim to Gilardi for reimbursement of alleged fraud losses totaling $25,084.  However, no other claim for any additional amount was submitted by Berry.

The Information alleges that beginning in September 2017, Berry repeatedly assured the victim she was going to receive $750,000 from the Western Union fund and that her claim had been approved by the Department of Justice.  Berry allegedly asked the victim to lend her money so she could pay various legal fees and travel expenses incurred in connection with her claim.

On September 28, 2018, the victim provided Berry the first loan in the amount of $25,000.  According to the Information, the victim financed the loan by borrowing $25,000 from a credit union.

The Information further alleges that in order to induce the victim into making additional loans, Berry gave the victim a Western Union Petition for Remission form bearing the handwritten note: “Proof of Western Union Settlement,” and another Western Union Remission document bearing the handwritten note: “Look at this – My claim was submitted and accepted 5/31 – Just a matter of time.”

Berry allegedly provided the victim assurance her loans would be repaid in the event she died by giving the victim a Nomination of Beneficiaries form from the Pennsylvania Public School Employees Retirement System.  The document, signed by Berry, bore the handwritten note: “Mr. W. will receive the amount of $150,000.” 

The Information also alleges Berry defrauded the victim by making six cash, lulling loan payments totaling $11,000 between September 2017 and May 2018.

According to the Information, in July 2018, Berry asked the victim for an additional $7,500 so she could ostensibly travel to Kentucky and Colorado to finalize her Western Union claim.  Berry allegedly told the victim the $7,500 would allow her attorney to file additional paperwork so she could receive up to $900,000 from Western Union.  Because by this time the victim had depleted all of his life savings, the victim borrowed $15,000 from a bank and gave Berry a check for $7,500.

Berry was arrested by U.S. Postal Inspectors in connection with the charges on November 15, 2018, and was subsequently ordered detained by Chief U.S. Magistrate Judge Martin C. Carlson.  Following a preliminary hearing before Judge Carlson on November 27, 2018, Berry was held over on the charges pending further proceedings.

The case is being investigated by the U.S. Postal Inspection Harrisburg Office.  Assistant United States Attorney Kim Douglas Daniel is prosecuting the case.

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

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

The maximum penalty under federal law for this offense is 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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ernesto Watkins, age 21, of York, Pennsylvania, was indicted yesterday by a federal grand jury for armed robbery and a firearms offense.

According to United States Attorney David J. Freed, the indictment alleges that Watkins robbed a Turkey Hill Minit Market in downtown York on July 1, 2018.  The indictment also alleges that Watkins brandished an Imez 9mm Makarov handgun during and in relation to that robbery.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department.  The case is being prosecuted by Assistant U.S. Attorney Carlo D. Marchioli.

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

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

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

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that seven previously deported aliens were indicted separately on December 12, 2018, by a federal grand jury for illegal re-entry into the United States. 

According to United States Attorney David J. Freed, Efrain Zepeda-Pena, age 30, of Mexico, was previously deported from the United States to Mexico in March 2016. He is alleged to have illegally re-entered the United States sometime after March 2016, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.

Under federal law, Zepeda-Pena faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine. 

Edwin Noel Diaz-Gamez, age 25, of Honduras, was previously deported from the United States to Honduras in September 2012 and January 2013. He is alleged to have illegally re-entered the United States sometime after January 2013, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.

Carlos Mata-Carrasco, age 42, of Mexico, was previously deported from the United States to Mexico in November 2009.  He is alleged to have illegally re-entered the United States sometime after November 2009, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

Jose Rios-Antonio, age 28, of Mexico, was previously deported from the United States to Mexico in February 2016.  He is alleged to have illegally re-entered the United States sometime after February 2016, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

Eulises Ramirez-Vasquez, age 27, of Mexico, was previously deported from the United States to Mexico in April 2010.  He is alleged to have illegally re-entered the United States sometime after April 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

Carlos Alfredo Lopez-Perez, age 26, of Mexico, was previously deported from the United States to Mexico in September 2015.  He is alleged to have illegally re-entered the United States sometime after September 2015, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Jose Alexander Garcia, age 30, of El Salvador, was previously deported from the United States to El Salvador in June 2010.  He is alleged to have illegally re-entered the United States sometime after June 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

Under federal law, Diaz-Gamez, Mata-Carrasco, Rios-Antonio, Ramirez-Vasquez, Lopez-Perez, and Garcia 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 James T. Clancy 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 Angel Prado, age 46, of Providence, Rhode Island, was sentenced yesterday to serve 10 years in prison by U.S. District Court Judge Robert D. Mariani for transporting six kilograms of heroin from Chicago to Pennsylvania.

According to United States Attorney David J. Freed, Prado previously pleaded guilty to possession with intent to distribute more than one kilogram of heroin. Six kilograms of heroin is equivalent to approximately 240,000 retail bags of heroin. The heroin were seized from a vehicle Prado was driving on Interstate 80 in Monroe County by members of the Pennsylvania State Police on December 19, 2013.

Judge Mariani also ordered Prado to be placed on five years of supervised release following his prison sentence. Prado also faces possible deportation to the Dominican Republic.  

The case was investigated by the Drug Enforcement Administration and the Pennsylvania State Police. Assistant U.S. Attorneys Francis P. Sempa and Phillip Caraballo prosecuted the case.   

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

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Travis Jones, age 20, of Oberlin, Pennsylvania, was indicted yesterday by a federal grand jury on drug trafficking and firearms charges.

According to United States Attorney David J. Freed, the indictment alleges that Jones possessed with intent to distribute heroin and fentanyl on April 13, 2017, in Dauphin County.  The indictment also alleges that on February 8, 2018, in Dauphin County, Jones possessed with intent to distribute heroin and possessed a firearm in furtherance of drug trafficking.     

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City Police Department.  The case is being prosecuted by Assistant U.S. Attorney Carlo D. Marchioli.

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

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

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Myron Owens, age 31, of East Stroudsburg, was sentenced yesterday by Senior U.S. District Court Judge James M. Munley to 140 months’ imprisonment and four years on supervised release for his role in a Monroe County-based conspiracy that was responsible for distributing between 100 and 400 grams of heroin and cocaine.

According to United States Attorney David J. Freed, Owens previously pleaded guilty to committing the offense between 2012 and 2015. Owens admitted to conspiring with others to obtain the drugs from a supplier in Patterson, New Jersey, and the drugs were then transported to Monroe County and sold to sub-distributors and customers. The amount of heroin distributed by the conspiracy was equivalent to approximately 4,000-16,000 retail bags of heroin.

In imposing the sentence, Judge Munley noted the dangerous impact of heroin trafficking on the people of our communities.

Owens was one of seven people charged by a federal grand jury in a superseding indictment in March 2015. The others charged—Eddie Pace, Shawnette Isaac, Daryl Trent, William Young, Catherine Abbey, and Anton Woodson—all previously entered guilty pleas in the case. Trent received a 90-month prison sentence. Woodson was sentenced to 63 months’ imprisonment. Isaac received a 30-month prison sentence. Abbey was sentenced to one year in prison. Pace and Young are awaiting sentencing.

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe 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.

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.

# # #

SCRANTON -   The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Heath Hobbs, age 43, of Pringle, Pennsylvania, was sentenced yesterday to 18 months’ imprisonment by United States District Court Judge A. Richard Caputo on firearms offenses.

According to United States Attorney David J. Freed, Hobbs was charged with possession of five stolen firearms.  Hobbs admitted to stealing the firearms and trading them for drugs in October 2017.

The case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, Kingston Municipal Police Department, and the Luzerne County Drug Task Force. Assistant U.S. Attorney Sean A. Camoni 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.  

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sean Michael Fryer, age 37, of Factoryville, Pennsylvania was indicted yesterday by a federal grand jury for multiple child exploitation crimes.

According to United States Attorney David J. Freed, the indictment alleges that Fryer used the internet and a cellular device to coerce a minor to produce child pornography and to engage in sexual conduct.  The indictment further alleges that Fryer received, distributed and possessed material in the form of visual depictions involving the use of minors engaging in sexually explicit conduct. 

The charges stem from an investigation conducted by the Federal Bureau of Investigation (FBI) – Philadelphia Division.  Assistant United States Attorney Michelle Olshefski is prosecuting the case.

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

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

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

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today Curtis Riley, age 56, of Dayton, Ohio, was indicted by a federal grand jury yesterday for conspiring to distribute and possess with intent to distribute more than a kilogram of heroin and fentanyl.

According to United States Attorney David J. Freed, the indictment alleges that Riley conspired with others beginning in 2017, to distribute the heroin and fentanyl. The indictment further alleges that Riley possessed with intent to distribute more than one kilogram of heroin and fentanyl on December 3, 2018, in Luzerne County. A kilogram of heroin is equivalent to approximately 40,000 retail bags of heroin.

The charges against Riley resulted from an investigation by the Drug Enforcement Administration and the Pennsylvania State Police. 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. The charge also carries a mandatory minimum penalty of ten years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Edward Gonzalez, age 30, of Hazelton, Pennsylvania, was charged on November 30, 2018, with drug trafficking and firearms charges.

According to United States Attorney David J. Freed, the complaint alleges that Gonzalez possessed with the intent to distribute over one kilogram of cocaine on November 30, 2018, in Hazelton, Pennsylvania.  The complaint also alleges that Gonzalez possessed a .40 caliber Smith & Wesson handgun in furtherance of drug trafficking.

The case was investigated by the U.S. Drug Enforcement Administration (DEA) and the Pennsylvania State Police and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.

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

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

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

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned a second superseding indictment yesterday adding an additional charge of interstate transportation of a stolen vehicle against Shawn Christy, age 27, of McAdoo, who was previously indicted for threatening to harm President Trump and others.

According to United States Attorney David J. Freed, the second superseding indictment charges Christy with transporting a stolen vehicle from Pennsylvania to New York State on July 7-8, 2018.

The second superseding indictment also includes all of the charges contained in the initial superseding indictment: interstate transportation of a stolen vehicle, two counts of interstate transportation of a stolen firearm, two counts of interstate transportation of a firearm while under a felony information, one count of unlawful possession of a firearm as a convicted felon, one count of unlawful possession of a firearm as a fugitive, threats against the President of the United States, and three counts of transmitting threatening communications.

The threat to President Trump is being investigated by United States Secret Service agents, and the other charges are being investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and Butler Township Police. Assistant U.S. Attorney Francis P. Sempa 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 each of the Unlawful Possession of Firearms offenses and the Interstate transportation of stolen firearms offenses is 10 years’ imprisonment. The maximum penalty for the interstate transportation of stolen vehicle offense is 10 years’ imprisonment. The maximum penalty for the interstate transportation of firearms while under a felony information is five years’ imprisonment. The maximum penalty for each threat 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 today that Anibal Luis Rodriguez, age 27, of Pottsville, pleaded guilty yesterday to conspiracy to distribute more than 500 grams of methamphetamine, before U.S. District Court Judge Robert D. Mariani.

According to United States Attorney David J. Freed, Rodriguez, admitted to committing the offense between July 2016 and May 24, 2017, in Schuylkill County and elsewhere. The plea agreement notes that Rodriguez was the organizer and leader of the drug conspiracy and used violence or threats in connection with the drug conspiracy.

Rodriguez was indicted by a grand jury along with three other persons in August 2017. Two of those co-defendants, David Castro and Laverne Schaeffer, previously pleaded guilty to participating in the conspiracy and are awaiting sentencing. Another co-conspirator, Ernest Schaeffer, also previously pleaded guilty and is awaiting sentencing.

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

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Schuylkill County. 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 a renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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

The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. The charge also carries a mandatory minimum penalty of ten 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.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David R. Parker, age 39, of Saylorsburg, Pennsylvania, was sentenced on December 6, 2018, to 30 years’ imprisonment by United States District Court Judge James M. Munley for sex trafficking involving a minor.

According to United States Attorney David J. Freed, from June 1, 2010 to August 31, 2010, Parker engaged in sex trafficking involving a minor.            Parker was charged by way of criminal information on August 3, 2017.  When he entered his guilty plea on August 7, 2017, Parker admitted that he transported and provided a minor male, approximately 9 years-old, to an adult male knowing that the minor male would be caused to engage in a commercial sexual act with the adult male.  Parker admitted that his own sexual gratification was but one benefit he received in exchange for trafficking the minor. 

In addition to the term of imprisonment, Judge Munley ordered that Parker be placed under supervision by a probation officer for the rest of his life.  He will also be required to comply with the registration requirements of the Sexual Offender Registration and Notification Act (Adam Walsh Act) upon release from prison.

“We will never stray from the duty to protect our most vulnerable citizens,” said U.S. Attorney David J. Freed. “Instead of enjoying the care and comfort of his family, the minor victim in this case was abused and sold by the very man who should have protected him. Judge Munley clearly recognized that a lengthy prison term is the only appropriate response to such conduct.  I thank our dedicated partners at the FBI, and Attorney General Josh Shapiro and his team, for their unceasing efforts to bring this pedophile to justice.”

“David Parker admitted to sexually exploiting an innocent child for the purposes of his own gratification,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “Plainly stated, he's a predator. Cases like this are among the most disturbing worked by the FBI and our partners. We can only hope that Parker's lengthy prison sentence brings the child he so badly harmed some peace.” 

“This is a horrendous case. Thanks to the courage of this brave survivor, we were able to hold this man accountable for his crimes,” Attorney General Josh Shapiro said. “I am pleased that today’s sentence secured by U.S. Attorney David J. Freed’s Office will keep this child predator behind bars for years to come.”

The investigation was conducted by the Federal Bureau of Investigation and the Pennsylvania Office of Attorney General.  Assistant United States Attorney Michelle Olshefski 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 today that Dr. Robert Ettlinger, age 63, a primary care doctor formerly practicing in Millersburg, Pennsylvania, has agreed to pay $45,000 to settle allegations that he violated the federal Controlled Substances Act by prescribing schedule II opioid controlled substance medications, which were issued for no legitimate medical purpose.

According to the investigation by the DEA, Dr. Ettlinger wrote 185 opioid prescriptions to six of his patients between 2013 and 2015, which were issued with no legitimate medical purpose and outside the usual course of his professional practice, resulting in civil violations of the Controlled Substances Act.  Dr. Ettlinger cooperated with the DEA’s investigation.

The settlement of the case resolves the matter without the filing of litigation.  The settlement is neither an admission of liability by Dr. Ettlinger nor a concession by the United States that its claims are not well-founded.

As part of the settlement, Dr. Ettlinger entered into a Memorandum of Agreement with the DEA under which he agreed to comply with heightened compliance requirements for prescribing controlled substances.

This case was investigated by the United States Attorney’s Office for the Middle District of Pennsylvania, DEA, and Pennsylvania Department of State, Bureau of Enforcement & Investigations.  This matter was handled by Assistant United States Attorney Melissa Swauger for the United States Attorney’s Office.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on November 30, 2018, United States District Court Judge Malachy E. Mannion sentenced Evan Watkins, age 30, of Stroudsburg, Pennsylvania, to 10 years’ imprisonment on drug trafficking charges.

According to United States Attorney David J. Freed, Watkins pled guilty to distributing and possessing with the intent to distribute over 100 grams of heroin between June 2015 and March 2017, in Monroe County, Pennsylvania.  Watkins admitted that he was responsible for the trafficking of between 100 and 400 grams of heroin over a nearly two-year span.  One hundred grams of heroin is the equivalent of approximately 4,000 individual doses of heroin.   

The case was investigated by the Federal Bureau of Investigation and the Stroud Area Regional Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

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

This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF).  OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Timothy Scheitlin, age 43, of Olyphant, Pennsylvania, was charged in a criminal information on December 3, 2018, with theft of Government funds.

According to United States Attorney David J. Freed, the information alleges that Scheitlin was employed at Tobyhanna Army Depot and part of his job duties included collecting U.S. currency from vending machines. During the course of his employment, Scheitlin allegedly stole over $1,000 from the United States between January 2014 and February 2017.

The case was investigated by the Army Criminal Investigation Division and is being prosecuted by Assistant U.S. Attorney Jenny P. Roberts.

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.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Charles McRae, age 38, of East Stroudsburg, Pennsylvania, was sentenced on December 2, 2018, to six years in prison followed by three years’ supervised release, by U.S. District Court Judge Malachy E. Mannion for drug trafficking.

According to United States Attorney David J. Freed, McRae previously pleaded guilty to distribution and possession with intent to distribute heroin in Monroe County on January 20, 2016.  McRae was arrested in July 2016, following a search of his residence, which resulted in the seizure of 199 bags of heroin and a digital scale.

McRae was indicted by a grand jury in December 2016.

The case was investigated by the Drug Enforcement Administration and local police from Monroe County. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

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

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Euphrem Kios Dohou, age 50, a native and citizen of Benin, West Africa, was convicted on November 29, 2018, after a two-day bench trial before United States District Court Judge Robert D. Mariani, of hindering his removal from the United States. 

According to United States Attorney David J. Freed, the evidence showed that Dohou entered the United States in 1992 on a B-2 Visitor Visa that permitted him to visit in the United States for a period of six months but Dohou failed to return to his home country of Benin as required by law.  In August 2006, Dohou was charged and convicted in the Eastern District of New York of a federal drug trafficking crime for which he was sentenced to a term of ten years’ imprisonment.  He was subsequently encountered by Immigration Officials while serving his sentence at a Bureau of Prisons facility in Minnesota.  On September 22, 2015, an Immigration Judge sitting in York, Pennsylvania issued a final order of removal against Dohou. 

On September 29, 2015, September 30, 2015, October 9, 2015, October 16, 2015, October 29, 2015, and November 5, 2015, Dohou refused to complete the required travel document application to facilitate his deportation to Benin.  Immigration Officials were subsequently able to secure the necessary travel document in Dohou’s name via the Republic of Benin Embassy.  Flight arrangements for deportation from the United States were scheduled for Dohou but on January 15, 2016 and again on February 9, 2015, Dohou physically and verbally resisted efforts of Immigration Officials to transport him from the York County Prison to the Washington Dulles International Airport.  Dohou was subsequently indicted by a federal grand jury in March of 2016.

The case was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO).  Assistant United States Attorney Michelle Olshefski prosecuted the case.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. In this case, Dohou faces up to ten years’ imprisonment and a $250,000 fine.  Dohou remains in custody with a tentative sentencing date of February 4, 2019.

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

# # #

HARRISBURG, PA - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Lee Johnson a/k/a Stone, age 52, of York, Pennsylvania, was indicted by a federal grand jury on sex trafficking charges.

According to United States Attorney David J. Freed, the indictment alleges that Johnson knowingly recruited and enticed multiple victims in and affecting interstate commerce to engage in commercial sex acts knowing force, threats of force, fraud and coercion would be used to cause multiple of those victims to engage in commercial sex acts from around November 2015 through mid-August 2016, in York County.

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

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

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

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Shawn Melleski, age 27, of Wilkes-Barre, Pennsylvania, was sentenced to 46 months’ imprisonment and three years of supervised release on November 28, 2018, by United States District Court Judge A. Richard Caputo for conspiring to manufacture and distribute crystal methamphetamine.

According to United States Attorney David J. Freed, Melleski pleaded guilty to conspiring to manufacture and distribute 50 grams or more of crystal methamphetamine in Pennsylvania between approximately June 21, 2016 through June 29, 2017.  Melleski admitted to helping run a methamphetamine laboratory in the basement of a Wilkes-Barre residence inhabited by other individuals, including four children.

The case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that two previously deported aliens were indicted separately on November 28, 2018, by a federal grand jury for illegal re-entry into the United States. 

According to United States Attorney David J. Freed, Savino Solano, age 28, of Honduras, was previously deported from the United States to Honduras in July 2014.  He is alleged to have illegally re-entered the United States sometime after July 2014, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.

Solano faces a maximum penalty of ten years’ imprisonment, a term of supervised release following imprisonment, and a fine.  

Ottoniel Chavarria-Vicente, age 37, of Guatemala, was previously deported from the United States to Guatemala in April 2009.  He is alleged to have illegally re-entered the United States sometime after April 2009, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.

Under federal law, Chavarria-Vicente 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).  Special Assistant United States Attorney James T. Clancy 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 today that Patrick Sutherland, age 29, of Roselle, New Jersey, was sentenced on November 27, 2018, by U.S. District Court Judge Malachy E. Mannion to 46 months’ imprisonment for bank fraud.

According to United States Attorney David J. Freed, from December 2014 through August 2016, Sutherland was involved in a scheme during which $1 postal money orders were purchased from post offices in the Scranton, Pennsylvania area, and altered to reflect $1,000.  The postal money orders were then deposited into bank accounts controlled by members of the conspiracy, and the cash withdrawn before the banks could identify the fraud.  Judge Mannion also ordered Sutherland to pay $282,779 in restitution, a $100 special assessment, and to be placed on 3 years of supervised release upon his release from prison.

The case was investigated by the United States Postal Inspection Service and was prosecuted by Assistant U.S. Attorney Todd K. Hinkley

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Laquan Hassan Croswell, age 25, of Paterson, New Jersey, was sentenced today by U.S. District Court Judge James M. Munley to 30 months’ imprisonment on charges related to straw purchase of firearms.

According to United States Attorney David J. Freed, the investigation began when a firearm purchased by Croswell was recovered in Paterson, New Jersey, in connection with an armed robbery.  Agents determined that Croswell had purchased in excess of thirty firearms from firearms dealers both in Pennsylvania and Florida.  Croswell then sold many of the firearms without filing the required transfer paperwork for each firearm transaction.  In essence, Croswell lied when he purchased these firearms, stating on the ATF Form 4473 purchase documents that he was the true purchaser of the firearms when he knew that he was purchasing them to be resold to unidentified persons.  Several of the firearms have yet to be recovered.

Judge Munley also ordered Croswell to pay a $100 special assessment, and be placed on two years of supervised release once released from federal prison.  All the firearms purchased by Croswell have been forfeited to the government. 

The case was investigated by the ATF and is being prosecuted by Assistant U.S. Attorney Todd K. Hinkley

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania has announced that Brandon Vitack, age 26, of Monroe Township, Pennsylvania, was charged in a criminal information on November 21, 2018, with maintaining a drug-involved premises.

According to United States Attorney David J. Freed, Vitack is charged in a criminal information with knowingly and intentionally opening and maintaining his residence from approximately October 1, 2017 to December 13, 2017, for the purpose of manufacturing, packaging, distributing, and using controlled substances, specifically, fentanyl, a Schedule II controlled substance.

The charges stem from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, and the Kingston Police Department.  United States Attorney Michelle Olshefski 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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

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

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 the federal statute for maintaining drug-involved premises is 20 years’ imprisonment and a $500,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Eddie Viera, age 44, of Shippensburg, Pennsylvania, was sentenced on November 27, 2018, by Chief U.S. District Court Judge Christopher C. Conner to 84 months’ imprisonment for drug trafficking.

According to U.S. Attorney David J. Freed, Viera distributed and possessed with intent to distribute heroin. He was arrested by the Pennsylvania State Police on February 15, 2016 near mile marker 77 of Interstate 81 after a high speed pursuit for nearly 20 miles. Along the route of the pursuit, Troopers found over 950 individual packets of heroin which Viera had thrown out the window of his car.  Viera was already the subject of an arrest warrant after members of the Franklin County Drug Task Force observed him allegedly distributing heroin and found over 70 individual packets of heroin in his apartment in December 2014.   

Chief Judge Conner sentenced above the recommended guidelines in this case stating, among others, that Viera was “spectacularly incorrigible.” 

The matter was investigated by the Franklin County Drug Task Force, the Pennsylvania State Police and the Federal Bureau of Investigation.  Assistant U.S. Attorney Scott R. Ford prosecuted the case.  

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

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 a federal grand jury today returned a superseding indictment yesterday adding seven additional charges against Shawn Christy, age 27, of McAdoo, who was previously indicted for threatening to harm President Trump and others.

According to United States Attorney David J. Freed, the superseding indictment charges Christy with interstate transportation of a stolen vehicle, two counts of interstate transportation of a stolen firearm, two counts of interstate transportation of a firearm while under a felony information, one count of unlawful possession of a firearm as a convicted felon, and one count of unlawful possession of a firearm as a fugitive.

The superseding indictment also contains the four threat offenses that were charged in the original indictment, including the threat against President Trump.

The superseding indictment alleges that Christy committed the new offenses between July 25, 2018 and August 20, 2018.

The threat to President Trump is being investigated by United States Secret Service, and the other charges are being investigated by the Federal Bureau of Investigation, and Butler Township Police. Assistant U.S. Attorney Francis P. Sempa 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 each of the unlawful possession of firearms offenses and the interstate transportation of stolen firearms offenses is 10 years’ imprisonment. The maximum penalty for the interstate transportation of stolen vehicle offense is 10 years’ imprisonment. The maximum penalty for the interstate transportation of firearms while under a felony information is five years’ imprisonment. The maximum penalty for each threat 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 today that Anthony Frank Angeli, Jr, age 55, of Moosic, Pennsylvania, was sentenced to 15 months’ imprisonment and three years’ supervised release on November 26, 2018, by United States District Court Judge Malachy E. Mannion for stalking. 

According to United States Attorney David J. Freed, between July 7, 2017 and August 14, 2017, Angeli used the internet to engage in a course of conduct to harass and intimidate another individual.  Angeli purchased a GPS tracking device and placed it on the victim’s car.  Angeli would receive location notifications on his electronic devices and proceeded to show up at places where the victim was or had been, including restaurants and retail stores.  After a Protection From Abuse Order (PFA) was granted, Angeli continued his harassment and intimidation of the victim.

Judge Mannion also ordered Angeli to surrender to the U.S. Marshals Service this morning at 10:00 a.m.

This case was investigated by the Moosic Police Department, the Lackawanna County District Attorney’s Office, and the Federal Bureau of Investigation. Assistant United States Attorney Jenny P. Roberts prosecuted the case.       

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Daniel Palmitessa, age 33, of Stroudsburg, Pennsylvania, was indicted on November 20, 2018, by a federal grand jury on child pornography charges.

According to United States Attorney David J. Freed, the indictment alleges that Palmitessa produced and possessed images of child pornography and attempted to entice two minors to engage in sexual activity.        

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

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

Indictments 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.

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sierra Benninger, age 24, of Mountaintop, Pennsylvania, was indicted on November 13, 2018, by a federal grand jury for making false statements when purchasing a firearm.

According to United States Attorney David J. Freed, the indictment alleges that on January 30, 2018, Benninger provided false statements to purchase a Taurus 9mm handgun, which she was prohibited from possessing as a person who used and was addicted to a controlled substance. 

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

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

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

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Waschko, age 37, of Sugarloaf, Pennsylvania, was indicted by a federal grand jury on November 20, 2018, for unlawfully importing controlled substances.

According to United States Attorney David J. Freed, Waschko is charged with three counts of unlawfully importing Tramadol, which is a Schedule IV controlled substance, from India, Germany, Singapore, and Switzerland to Luzerne County, Pennsylvania. The indictment alleges that the offenses occurred on or about June 15, 2015, June 14, 2016, and June 30, 2016.

The charges against Waschko resulted from an investigation by the Drug Enforcement Administration (DEA) and the United States Postal Inspection Service. Assistant U.S. Attorney Francis P. Sempa 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 each charge is five years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Beato-Hererra, age 29, of the Dominican Republic, was sentenced to 130 months’ imprisonment and five years of supervised release on November 20, 2018, by Chief United States District Court Judge Christopher C. Conner for conspiracy to possess with intent to distribute heroin and cocaine hydrochloride, and for possessing a firearm in furtherance of drug trafficking.

According to United States Attorney David J. Freed, Beato-Hererra pleaded guilty to conspiracy to possess with intent to distribute one kilogram or more of heroin (which is the equivalent to approximately 40,000 to 50,000 individuals doses of heroin) and five kilograms or more of cocaine hydrochloride, and for possessing a firearm in furtherance of drug trafficking.

The charges stem from an investigation in which the Department of Homeland Security Investigations (HSI) agents intercepted packages sent from Santo Domingo, Dominican Republic to the United States between June and October 2014.  The packages contained kilogram quantities of heroin and cocaine hydrochloride concealed inside xbox consoles, air filters, and projectors. The conspiracy spanned from Pennsylvania, New Jersey, and New York.

Beato-Hererra was charged in July 2015 with ten other individuals.  All of his co-defendants have been sentenced:

• Christian Rivera-Rios was sentenced to 181 months’ imprisonment;
• Glauco Kelvin Celedonio-Smith was sentenced to 180 months’ imprisonment;
• Yefries Guillen-Herrera was sentenced to 57 months’ imprisonment;
• Felix Rodriguez-Pabon was sentenced to 87 months’ imprisonment;
• Nelson Martinez was sentenced to 63 months’ imprisonment;
• Wilson Herrera was sentenced to 120 months’ imprisonment;
• Wilfreddy Perez was sentenced to 35 months’ imprisonment;
• Jose Pena-Herrera was sentenced to 12 months and 1 day imprisonment;
• Lional Martinez-Osoria was sentenced to 68 months’ imprisonment; and
• Joshua De La Cruz was sentenced to 60 months’ imprisonment.

The investigation was conducted by HSI, the Pennsylvania State Police, the Berks County District Attorney’s Office Detective Unit and the U.S. Customs & Border Protection.  Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.

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

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Adonis Smith, age 39, of New London, Connecticut, was sentenced to 60 months’ imprisonment and three years of supervised release on November 20, 2018, by United States District Court Judge Malachy E. Mannion for conspiring to distribute heroin, crack cocaine, and fentanyl.

According to United States Attorney David J. Freed, Smith pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately February 2016 through June 2016.  Smith admitted to working as a drug dealer and in the conspiracy, and to trafficking in excess of 15 grams of crack cocaine and in excess of 40 grams of heroin (which is the equivalent of 1,600 potentially fatal doses of heroin).

Smith was charged in June 2017 with 14 other individuals.  All of his co-defendants have pleaded guilty, with eight others having already been sentenced:

• Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment;
• Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months’ imprisonment;
• Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment;
• Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days’ imprisonment;
• William Waring of Bronx, New York, was sentenced to 60 months’ imprisonment;
• John Maybank of Bronx, New York, was sentenced to 53 months’ imprisonment;
• Siobhan Daniels, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months’ imprisonment; and
• Luis Nevarez, of Bronx, New York, was sentenced to 60 months’ imprisonment.

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

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

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jason Ehrhart, age 48, of Thompsontown, Pennsylvania, pleaded guilty today before Chief United States District Court Judge Christopher C. Conner for defrauding a disabled Veteran, the Department of Veteran’s Affairs (VA), and the Social Security Administration (SSA) out of $316,360.

According to United States Attorney David J. Freed, Jason Ehrhart was charged by way of a criminal information on October 29, 2018, with one count of health care fraud. Jason’s former wife, Laurie Ehrhart, age 48, of Newport, Pennsylvania, was indicted on October 24, 2018, with one count of health care fraud and one count of conspiracy to commit health care fraud. The charges against the couple relate to their misappropriation of a veteran’s disability benefits.

In 1985 while serving in the U.S. Army, a veteran who was a former resident of Perry County, Pennsylvania, was diagnosed with multiple sclerosis.  In 1998 the veteran began receiving disability benefits from the (VA and in 2006 began receiving disability benefits from the SSA. The veteran was eventually hospitalized on a permanent basis at the VA hospital in Lebanon, Pennsylvania in November of 2004. 

In August of 2006, the veteran was deemed by the VA to be incompetent to handle his own financial affairs.  As a result, on October 2, 2006, Jason Ehrhart applied to serve as the veteran’s VA Fiduciary and Legal Custodian.  Under the terms of a Fiduciary Agreement, Jason Ehrhart agreed to use all of the veteran’s VA disability benefits exclusively for the veteran’s benefit. The agreement warned him that the funds were not for his personal use. The Fiduciary Agreement also required Jason Ehrhart to submit an annual accounting to the VA with respect to the amount of money spent on the veteran’s behalf.

While Jason Ehrhart served as the veteran’s VA Fiduciary and Legal Custodian, all of the veteran’s VA benefits, plus most of his Social Security disability checks, were deposited into a checking account Jason opened at The Orrstown Bank.  Altogether, $476,260 in federal benefits ($422,828 in VA disability, $48,187 in Social Security disability, and $5,244 in VA clothing allowance) were deposited into the account between January 2009 and August 2016.

According to Jason Ehrhart’s criminal information and Laurie Ehrhart’s indictment, at least $316,360 of the $476,260 was misappropriated by Jason and Laurie Ehrhart and converted to their own use between October 2006 and August 2016.  Checks totaling $218,832 ($96,202 payable to Jason Ehrhart and $122,630 payable to Laurie Ehrhart), were drawn against the account.  Of the $218,832, $157,742 was deposited into Jason and Laurie Ehrhart’s joint checking account at the Juniata Valley Bank (JVB) and at least $23,496 was converted to cash.  Thereafter, the funds in the joint JVB account were employed by Jason and Laurie Ehrhart to pay their personal expenses. 

Another $7,174 in checks were made payable to Jason and Laurie Ehrhart’s two minor children.  According to the charges Jason Ehrhart instructed the children to take the checks to the bank, cash them, and to surrender the cash to him.

Another $19,890 in checks were made payable to another couple who were Jason and Laurie Ehrhart’s best friends.  According to the charges Jason Ehrhart regularly treated the couple and their children to dinners out and at least two, all-expense paid vacations to Disney World in Florida, purchased two automobiles for the family, and paid for the wife’s dental work.

To conceal his embezzlements, Jason Ehrhart submitted eight false annual accountings to the VA in which he falsely claimed he spent $402,408 on the veteran’s behalf between October 2006 and October 2015.  The itemized expenditures in the accountings were grossly inflated. For example, Jason Ehrhart claimed he paid the mortgage on the veteran’s residence ($1,631 per month) plus the veteran’s share of the mortgage on his mother’s residence ($881) after she died in May 2011.  However, the lenders against both properties obtained judgments and they were eventually foreclosed and sold.

Jason Ehrhart also falsely claimed in the annual accountings that he spent thousands on miscellaneous expenditures for the veteran, including storage unit rentals, vehicle maintenance bills, state and local taxes, life and auto insurance, and credit card bills.  However, in 2016 the veteran’s specially equipped wheelchair van, for which Jason Ehrhart claimed he spent approximately $32,395 for vehicle maintenance, was found broken down and abandoned along a Perry County roadside.

The veteran died at the Lebanon VA Medical Center on July 30, 2018. 

Jason Ehrhart agreed to make full restitution of the monies owed to the veteran’s estate. No date was set by Chief Judge Conner for Jason Ehrhart’s sentencing pending preparation of a presentence report.  Laurie Ehrhart is currently scheduled for trial on January 8, 2019.  

The Department of Veteran Affairs, the Office of Inspector General, the Pennsylvania State Police, and the Social Security Administration’s Office of Inspector General investigated the case.  Assistant United States Attorney Kim Douglas Daniel 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.

# # #

HARRISBURG –The United States Attorney’s Office for the Middle District of Pennsylvania announced that Larry D. Nuckols, age 69, of Valdosta, Georgia, co-owner of Nuvision, Inc., an Atlanta, Georgia based company, pleaded guilty today before United States District Court Judge John E. Jones, III, to vendor kick-back charges that defrauded Rite Aid, Inc. out of $5.7 million.

According to U.S. Attorney David J. Freed, Nuckols was charged in a criminal information filed on September 20, 2018, with one count of wire fraud.  The Information alleged that Nuckols engaged in a kick-back scheme with James W. Pilsner, age 60, of Harrisburg, Pennsylvania, a former Vice President for Advertising for Rite Aid, and Vance Taylor, age 71, of Acworth, Georgia, co-owner of Nuvision, Inc., between 1995 and August 2017. 

Nuckols and Taylor entered into an agreement with Pilsner whereby Pilsner would approve Nuvision’s invoices, some of which were false and inflated, for payment.  In exchange, Nuckols and Taylor would “kick-back” a significant portion of Rite Aid’s payments to Pilsner. 

Between 2001 and August of 2017, Rite Aid paid Nuvision approximately $45.3 million dollars.  Pilsner received no less than $5,124,862 in kick-backs over that time period, with another $634,300 paid to other Rite Aid employees designated by Pilsner, bringing the total loss to Rite Aid to $5,759,162.

Nuckols tendered restitution to Rite Aid in the amount of $1,919,720 at the time he entered his guilty plea. Nuckols also agreed to forfeit a $1.3 million yacht seized by the government and his interests in nine parcels of real estate located in Florida, Georgia, Alabama, and Costa Rico to the government.

James Pilsner pleaded guilty to wire fraud and tax evasion charges on October 1, 2018, before Judge Jones.  Pilsner was charged with Income Tax Evasion for tax year 2013.  The Information alleged that in March 2014, Pilsner filed an income tax return that did not report his receipt of $411,500 in kick-back money during 2013, thereby avoiding approximately $157,648, in federal income taxes.  The Information sought the forfeiture of Pilsner’s interests in $5,743,162 and his Harrisburg residence.  Pilsner paid $300,000 towards his tax restitution obligation of approximately $592,000 for the period 2013-2017 at the time he entered his guilty plea.  Pilsner also agreed to pay the balance owed to the IRS by the time of his sentencing.          

Vance Taylor was indicted on 40 counts of mail fraud, wire fraud, and money laundering on September 19, 2018.  His indictment seeks the forfeiture of $1,239,058 in U.S. Currency, eight cash/investment accounts, 73 tracts of real estate in Georgia, Florida and Alabama, and Taylor’s half interest in the $1.3 million yacht.  Taylor is currently awaiting trial scheduled for February 5, 2019.

The case is being investigated by the Harrisburg Offices of the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation.  Assistant United States Attorney Kim Douglas Daniel 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 mail fraud and wire fraud is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for unlawful monetary transactions is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jarrett Edmonds, also known as “Lollipop” and “Dollar,” age 36, of Wilkes-Barre, Pennsylvania, was indicted on November 13, 2018, by a federal grand jury for possession with intent to distribute heroin, fentanyl, and crack cocaine. The case was unsealed following Edmonds’ arrest.

According to United States Attorney David J. Freed, the indictment alleges that Edmonds possessed with the intent to distribute heroin, fentanyl, and crack cocaine on July 7, 2017, in Luzerne County.  

The case was investigated by the Federal Bureau of Investigation and Wilkes-Barre Police.  Assistant United States Attorney Francis P. Sempa is prosecuting the case.

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

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

Indictments 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 20 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 today that Lawrence Stone, age 63, of Scranton, was indicted on November 13, 2018, by a federal grand jury on charges of production and transportation of child pornography.  The case was unsealed following Stone’s arrest.

According to United States Attorney David J. Freed, the grand jury alleges that Stone committed the production of child pornography offense between 2010 and 2014, and committed the transportation of child pornography offense on September 3, 2018, in Lackawanna County. The indictment alleges that Stone persuaded a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, and later transported child pornography by using a means and facility of interstate commerce.   

The charges stem from an investigation by the Federal Bureau of Investigation and Scranton Police. Assistant United States Attorney Francis P. Sempa is prosecuting the case.

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

The maximum penalty under federal law for the production of child pornography charge is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for the transportation of child pornography charge is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 years’ imprisonment for the production of child pornography charge, and a mandatory minimum sentence of five years’ imprisonment for the transportation of child pornography 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 today the Honorable Christopher C. Conner sentenced Mason David Powell, age 30, a resident of Biglerville, Pennsylvania to 40 years in federal prison following a three hour sentencing hearing. 

According to United States Attorney David J. Freed, officers from the Cumberland Township Police Department initially arrested Powell in Biglerville, PA on October 17, 2015.  This arrest followed a concerned parent’s report to the local police that Powell was inappropriately chatting with her minor son.  With consent from this parent to assume the minor’s online identity, law enforcement set up a meeting with Powell, who continued to believe he chatted with a minor.  Powell arrived at the arranged location to meet the 13 year-old he had been chatting with online and brought two other minors with him. Officers greeted Powell and took him into custody at that time.  The Adams County District Attorney’s Office charged Powell with child exploitation offenses relating to a number of minors. 

During the investigation, the FBI and the local authorities located online messages Powell exchanged with several minors soliciting naked images of their genitals or attempting to coerce the minors to meet with Powell to engage in sex acts.  Powell confessed to soliciting at least 20 minors in this manner.  Law enforcement also discovered over 1,000 images of commercially downloaded child pornography of minors as young as infants on Powell’s phone. 

On October 28, 2016, Powell pleaded guilty to all counts of the federal indictment and admitted to both producing and possessing images of child pornography that were found on Powell’s phone and in the online chats.  In addition, Powell also pleaded guilty to attempting to coerce a minor victim to engage in sexual activity with him.

Before the Court imposed the 40 year sentence, the defense offered testimony from defense expert Dr. Frank Dattilio, a psychologist. Dr. Dattilio opined Powell is predatory, manipulative and on the high end of moderate risk to reoffend without treatment based on Powell’s abuse of numerous minors in the local Adams County community and his collection of pornographic images of prepubescent children from the internet. 

Chief Judge Conner rejected the defense’s request to impose only the mandatory minimum of 15 years, stating Powell is “clearly a sexual predator” and a “serious danger to the community” and imposed a 40 year sentence, to be followed by lifetime supervised release.

This case was investigated by the Federal Bureau of Investigation, the Adams County District Attorney’s Office and the Cumberland Township Police Department and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.

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 today that seven previously deported aliens were indicted separately on November 14, 2018, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Cumberland, Dauphin, Lackawanna,  and York.

According to United States Attorney David J. Freed, Esterlindo Torres-Varela, age 34, of Honduras, was previously deported from the United States to Honduras in January 2016.  He is alleged to have illegally reentered the United States sometime after January 2016, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

Under federal law, Torres-Varela faces a maximum penalty of twenty years of imprisonment, a term of supervised release following imprisonment, and a fine.  

Manuel Rodriguez-Martinez, age 30, of Honduras, was previously deported from the United States to Honduras in August 2011.  He is alleged to have illegally reentered the United States sometime after August 2011, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.

Miguel Morales-Ayala, age 28, of Mexico, was previously deported from the United States to Mexico in June 2016.  He is alleged to have illegally reentered the United States sometime after June 2016, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Rigoberto Balbuena-Guzman, age 46, of Mexico, was previously deported from the United States to Mexico in April 2012.  He is alleged to have illegally reentered the United States sometime after April 2012, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.

Maximiliano Santiz-Jimenez, age 32, of Mexico, was previously deported from the United States to Mexico in March 2010.  He is alleged to have illegally reentered the United States sometime after March 2010, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.

Constantino Pascual-Velasco, age 37, of Mexico, was previously deported from the United States to Mexico in November 2014.  He is alleged to have illegally reentered the United States sometime after November 2014, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Victor Vazquez-Beristain, age 46, of Mexico, was previously deported from the United States to Mexico in June 2011.  He is alleged to have illegally reentered the United States sometime after June 2011, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.

Under federal law, Rodriguez-Martinez, Morales-Ayala, Balbuena-Guzman, Santiz-Jimenez, Pascual-Velasco, and Vazquez-Beristain 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 James T. Clancy 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.

# # #