Middle District of Pennsylvania

WASHINGTON – U.S. Attorney David J. Freed joined Attorney General Jeff Sessions and Justice Department leadership today in announcing the recipients of the Second Annual Attorney General’s Award for Distinguished Service in Policing, recognizing the exceptional work of 25 law enforcement officers and deputies from 12 jurisdictions across the country.

“The Trump Administration supports law enforcement at all levels—and we always will,” said Attorney General Sessions. “Today’s awards honor the incredible work that is being done across this country every day.  This Department of Justice takes pride in announcing today’s winners of the Attorney General’s Award for Distinguished Service in Policing.”

“Attorney General Sessions understands very clearly that 85% of law enforcement resources in the United States are state and local,” said U.S. Attorney Freed. “In the Middle District of Pennsylvania, we enjoy true partnership with our colleagues in the Pennsylvania State Police.  Trooper Follmer’s dogged dedication and determination to see justice done in this investigation is indicative of the high level of training and professionalism throughout his organization.  We congratulate Trooper Follmer and the Pennsylvania State Police for the well-deserved recognition from the Attorney General.”

The Justice Department has been committed to supporting law enforcement and continues to back the “women and men in blue,” as directed by President Trump’s February 2017 Executive Order. The Department has recently awarded grants to assist law enforcement and first responders who supported mass shootings in Las Vegas, Nevada, Parkland, Florida, and Santa Fe, Texas.  In addition, the Department has helped police departments across America to hire hundreds more police officers through the COPS grant program.

The Attorney General’s Award recognizes individual state, local, and tribal sworn rank-and-file police officers and deputies for exceptional efforts in policing. The awarded officers and deputies have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations or innovations in community policing. The Department received 207 nominations for 469 individuals ranging from state police departments, to local police, to campus public safety agencies. This award highlights the work that officers and deputies do to prevent, intervene in, and respond to crime and public safety issues.

The individual recognized by the Attorney General today includes Pennsylvania State Trooper Joel D. Follmer for his determined efforts and innovative policing techniques on an 18-month series of kidnapping and rape investigations throughout Pennsylvania that led to the arrest of a serial rapist with assaults dating back as far as 1994. Trooper Follmer arrested the suspect in December of last year, who immediately confessed to several cases, and provided information on many others that he had attempted in the past and was planning in the future. The suspect is currently awaiting trial. 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Eddie Pace, age 44, of East Stroudsburg, Pennsylvania, pleaded guilty today to conspiracy to distribute more than 100 grams of heroin and more than 500 grams of cocaine, before Senior U.S. District Court Judge James M. Munley.

According to United States Attorney David J. Freed, Pace admitted to committing the offense between 2012 and 2015. Pace also admitted to conspiring with others to travel to Patterson, New Jersey, to obtain multiple bricks of heroin which were then sold to sub-distributors and customers from Pace’s barbershop in the Monroe County area of Pennsylvania, and elsewhere. One hundred grams of heroin is equivalent to approximately 4,000 retail bags of heroin.

Pace was one of seven people charged by a federal grand jury in a superseding indictment in March 2015. The others charged—Shawnette Isaac, Daryl Trent, Myron Owens, William Young, Catherine Abbey, and Anton Woodson—all previously entered guilty pleas in the case. Trent was recently sentenced to 90 months’ imprisonment on drug and gun charges, and Isaac was recently sentenced to 30 months’ imprisonment for her role in the drug conspiracy. The other defendants are awaiting sentencing.

Judge Munley ordered a presentence report to be completed, and scheduled Pace’s sentencing for December 14, 2018.

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

The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. There is also 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.

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WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brandon Shields, age 33, formerly of Philadelphia, and currently a federal inmate at the United States Penitentiary at Canaan (USP Canaan), pleaded guilty on September 13, 2018, to assaulting another inmate with a dangerous weapon and was sentenced by U.S. District Court Senior Judge A. Richard Caputo to serve an additional five years in prison.  

According to United States Attorney David J. Freed, the charges stem from an incident on January 7, 2016, in which Shields assaulted another inmate with a homemade weapon in the form of a combination lock attached to a length of cloth.  Shields was indicted by a grand jury in March 2016.

Shields is presently serving a sentence of 110 months in prison for several bank robberies he committed in Philadelphia in 2011 and 2012.  The sentence Shields received yesterday will be served in addition to that sentence. 

The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara prosecuted the case.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Manuel Escarcega, age 30, of Oklahoma, was indicted on September 11, 2018, by a federal grand jury on drug trafficking and conspiracy charges.

According to United States Attorney David J. Freed, the indictment charges Escarcega with conspiracy to distribute in excess of five kilograms of cocaine between November 2016 and February 2017, and possession with intent to distribute in excess of five kilograms of cocaine between on February 8, 2017, in Monroe County, Pennsylvania. 

The investigation was conducted by the Drug Enforcement Administration 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 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.  

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.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michelle Beagle, age 39, of Wilkes-Barre, Pennsylvania was sentenced on September 11, 2018, to 235 months’ imprisonment by U.S. District Court Judge Robert D. Mariani for heroin distribution resulting in death.

According to United States Attorney David J. Freed, Beagle pleaded guilty on March 18, 2016, to conspiracy to distribute and possession with intent to distribute heroin laced with fentanyl to a 20-year old man, who overdosed and died on June 3, 2015. 

Beagle was indicted by a grand jury in November 2015, along with Alfred Yale, age 39, a/k/a “Alfie,” also of Wilkes-Barre.  Judge Mariani sentenced Yale to 262 months’ imprisonment and three years’ supervised release for the same charge.

At sentencing, Judge Mariani stated that any lesser sentence than 235 months’ imprisonment would denigrate the memory of the victim and make a mockery of the law.

Judge Mariani also ordered that upon release from prison, Beagle be supervised by the U.S. probation office for a period of 3 years and that Beagle pay restitution in the amount of $8,174.13. 

The investigation was jointly conducted by the Drug Enforcement Administration (DEA) in Scranton, and the South Abington Police Department.  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. 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 brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin.  Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gilroy Stewart, age 48, of Cleveland, Ohio, was indicted by a federal grand jury on drug trafficking charges. 

According to United States Attorney David J. Freed, the indictment charges Stewart with possession with intent to distribute in excess of five kilograms of cocaine on or about August 28, 2018, in Carbon County, Pennsylvania. 

The investigation was conducted by the Pennsylvania State Police and the Drug Enforcement Administration. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.  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. 

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.

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Third Circuit Court of Appeals today affirmed the 70-month prison sentence of Sean Griffin, age 24, that was imposed by U.S. District Court Judge Malachy E. Mannion on May 2, 2017.    

According to United States Attorney David J. Freed, the Court ruled that Griffin, who used the street name of “Kritical” and who pleaded guilty in November 2016 to conspiracy to distribute heroin, was not entitled to a reduction in his sentence for being a minor participant in the drug conspiracy.

Griffin argued on appeal that he was less culpable than other members of the conspiracy and therefore was entitled to a “minor role” adjustment in his prison sentence. The Court disagreed, reasoning that “multiple witnesses identified Griffin as a key distributor of heroin for the [Black P-Stone’s] local squads—a ‘four-star general’ in the parlance of the conspiracy.” Griffin, the Court noted, “distributed large quantities of drugs throughout Maine and Pennsylvania, and his efforts were a vital part of the conspiracy’s success.”

Griffin was indicted by a federal grand jury in September 2015, and later in a superseding indictment in October 2016, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County into the drug trafficking and sex trafficking activities of a gang known as the “Black P-Stones.” Griffin admitted in his guilty plea that he and other members of the gang distributed heroin in both Pennsylvania and Maine.

Assistant United States Attorney Francis P. Sempa prosecuted the case and handled the appeal for the government.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Mellott, age 45, of Cumberland, Maryland, was indicted by a federal grand jury with conspiring to impede the lawful functions of the Environmental Protection Agency (EPA) and Department of Transportation (DOT), and to violate the Clean Air Act.  Mellott also was charged with three counts of violating the Clean Air Act.  The indictment was returned on August 14, 2018, but remained under seal until Mellott was apprehended.

According to United States Attorney David J. Freed, the indictment alleges that Mellott was an analyst at Rockwater Northeast LLC, a company that serviced the fracking industry in Pennsylvania.  In the course of his employment, it is alleged that Mellott conspired to modify the emissions systems on approximately 30 Rockwater heavy-duty diesel trucks by using “defeat devices.”  It is further alleged that the defeat device purchases were concealed in Rockwater’s books and records by mislabeling them as exhaust systems, including invoices approved by Mellott.  Mellott and his co-conspirators also are accused of allegedly taking the modified commercial motor vehicles to state-approved inspection stations to pass federally regulated commercial motor vehicle inspections falsely.

Five other individuals—Gavin Rexer, Dennis Paulhamus, Joseph Powell, John Joseph, and Timothy Sweitzer—were previously charged with and pleaded guilty to conspiring to defraud the government and violate the Clean Air Act, as part of this investigation.

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

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

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Nevarez, age 20, of the Bronx, New York, was sentenced to 60 months of imprisonment and four years of supervised release on September 4, 2018 by United States District Judge Malachy E. Mannion for conspiring to distribute heroin, crack cocaine, and fentanyl.

According to United States Attorney David J. Freed, Nevarez pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately December 2016 through January 2017.  Nevarez admitted to working as a drug dealer and runner in the conspiracy, and to transporting narcotics from New York to Pennsylvania.  Nevarez also admitted to trading narcotics in exchange for a firearm, and to having been affiliated with the Crips, a nationwide criminal organization.  Nevarez admitted to trafficking in excess of 112 grams of crack cocaine and in excess of 200 grams of heroin, the latter of which is the equivalent of 8,000 potentially fatal doses of heroin.

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

• Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months of imprisonment;
• Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months of 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 of imprisonment;
• William Waring of Bronx, New York, was sentenced to 60 months of imprisonment;
• John Maybank of Bronx, New York, was sentenced to 53 months of imprisonment; and
• Siobhan Daniels, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months of imprisonment.

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

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.   Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

This case 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.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Chad Stoner, age 30, of Conewago Township, York County, Pennsylvania, was sentenced on August 30, 2018, to 150 months’ imprisonment by United States District Court Judge Yvette Kane for conspiracy and transmitting an interstate communication containing a threat to injure police officers and officials of Conewago Township, and possessing an AK-47 semi-automatic weapons illegally. 

According to United States Attorney David J. Freed, Stoner was convicted of the charges after a three-day trial before Judge Kane on December 5, 2017.  Stoner previously pled guilty to being a felon in possession of firearms after those charges were severed by the Court.  On August 10, 2016, Stoner and his co-conspirator Emily Winand, age 28, of Conewago Township, agreed that Winand would use her Youtube account to post a video on which Stoner communicated a threat to injure police officers. 

Winand pled guilty before Judge Kane on October 10, 2017, to conspiracy and obstruction of justice and is scheduled to be sentenced on September 12, 2018.

The investigation was conducted by the Harrisburg Resident Office of the Federal Bureau of Investigation, Joint Terrorism Task Force, the Northern York County Regional Police Department, and the West York Borough Police Department. Assistant United States Attorney Joseph J. Terz prosecuted the case.

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Marien Torres Acevedo, age 35, of Allentown, Pennsylvania, and Francisco Rodriguez Polanco, age 34, of the Bronx, New York, were indicted by a federal grand jury with conspiring to defraud the government, and six counts of theft of government money and aggravated identity theft.  The indictment was returned on April 10, 2018, but remained under seal until the defendants were both apprehended.

According to United States Attorney David J. Freed, the indictment charges Acevedo, and Polanco with conspiring to defraud the government between January 1, 2015 and July 9, 2016.  The indictment alleges that the coconspirators stole individuals’ identities, and used them to prepare and file false tax returns.  The coconspirators then allegedly obtained the refund checks issued by the U.S. Treasury pursuant to those false tax returns.  Acevedo and Polanco and their coconspirators took possession of the refund checks, forged names and social security numbers on them, and cashed them at check cashing businesses in the Middle District of Pennsylvania.  Acevedo and Polanco and their coconspirators are charged with cashing at least $113,649.17 in fraudulently obtained Treasury checks, and attempting to cash an additional $41,349.67 worth of checks.

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

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

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

The maximum penalties under federal law for the most serious charges are up to 10 years of imprisonment.  The aggravated identity theft charges carry a two-year consecutive mandatory minimum term of imprisonment.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that seven previously deported aliens were indicted separately on August 29, 2018, by a federal grand jury for illegal re-entry into the United States. 

According to United States Attorney David J. Freed, Mario Mendez-Morales, age 41, of Mexico, was previously deported from the United States to Mexico in August 2009, March 2010, May 2010, and February 2013.  He is alleged to have illegally re-entered the United States sometime after February 2013 and was found in the United States in Schuylkill County, Pennsylvania after eluding examination or inspection by immigration officers.

Mendez-Morales faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.  

Bernardo Palma-Flores, age 32, of Mexico, was previously deported from the United States to Mexico in March 2018.  He is alleged to have illegally re-entered the United States sometime after March 2018, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

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

Sixto Hernandez-Arias, age 44, of El Salvador, was previously deported from the United States to El Salvador in June 2012.  He is alleged to have illegally re-entered the United States sometime after June 2012, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

Eigner Zunun-Gonzalez, age 27, of Mexico, was previously deported from the United States to Mexico in August 2009.  He is alleged to have illegally re-entered the United States sometime after August 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Facundo Gregorio-Gonzalez, age 42, of Mexico, was previously deported from the United States to Mexico in August 2015.  He is alleged to have illegally re-entered the United States sometime after August 2015, and was found in the United States in Union County, Pennsylvania after eluding examination or inspection by immigration officers.

Mario Castillo-Carmona, age 28, of Mexico, was previously deported from the United States to Mexico in May 2011.  He is alleged to have illegally re-entered the United States sometime after May 2011, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.

Under federal law, Palma-Flores, Sales-Picazo, Hernandez-Arias, Zunun-Gonzalez, Gregorio-Gonzalez, and Castillo-Carmona all 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 Brian G. McDonnell is prosecuting the cases.

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

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Samuel Lombardo, age 53, of Pittston, Pennsylvania was sentenced to 72 months’ imprisonment on August 29, 2018, by United States District Court Judge James M. Munley for drug trafficking and firearms offenses.

According to United States Attorney David J. Freed, Lombardo was convicted after a two-day jury trial in April 2018, for selling heroin on August 12 and 13, 2018, possessing with intent to distribute heroin, and carrying a .25 caliber Armi Tanfolio semi-automatic handgun during his drug trafficking activities.

The evidence at trial proved that Lombardo sold more than 60 grams of heroin during the course of one year, which is the equivalent to approximately 2,500-3,000 individual doses of heroin.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Kingston Police Department. Assistant United States Attorneys Evan Gotlob and Phil 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.

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.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Donnell, age 56, of Freeland, Maryland, was indicted on August 29, 2018, by a federal grand jury for bank robbery. 

According to United States Attorney David J. Freed, the indictment alleges that on May 23, 2018, Donnell robbed the BB&T Bank located in Shrewsbury Township, York County, Pennsylvania of $1,584.

The case was investigated by the Southern Regional Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation, with assistance from the Maryland State Police.  Assistant U.S. Attorney Chelsea Schinnour 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 twenty years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Lone Wolf (formerly known as Jeffrey B. Myers), age 40, and Deborah Burnett, age 55, both of Havre de Grace, Maryland, were charged in separate criminal informations on August 30, 2018, for illegal possession of wildlife. 

According to U.S. Attorney David J. Freed, Wolf and Burnett were charged in one-count criminal informations with illegal receipt of wildlife parts.  The criminal informations allege that Wolf and Burnett bartered for and bought bald eagle parts, a great blue heron carcass and a snowy owl carcass in violation of the Lacey Act, which prohibits the sale and receipt of wildlife taken in violation of other laws, including the Bald and Golden Eagle Protection Act.

The charges stem from an investigation conducted by the U.S. Fish and Wildlife Service and the Pennsylvania Game Commission. Assistant U.S. Attorney James T. Clancy is prosecuting the cases.

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Rodney Williams, age 34, of Kingston, Pennsylvania, was indicted on August 28, 2018, by a federal grand jury on multiple drug trafficking charges, including drug distribution resulting in death, and firearms charges.

According to United States Attorney David J. Freed, the indictment alleges that Williams distributed a mixture of heroin, fentanyl and acetyl, which caused the death of an individual who used the substance.  Additionally, Williams is charged with distributing cocaine in February of 2018 and possessing heroin, cocaine, and multiple stolen firearms in his home when it was searched by law enforcement officers.   

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Luzerne County Drug Task Force. 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 life imprisonment, a term of supervised release following imprisonment, and a fine. The drug distribution resulting in death charge carries a mandatory minimum sentence of 20 years in prison. The possession of firearms in furtherance of drug trafficking charge carries a five-year mandatory minimum sentence. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON - The United States Attorney’s office for the Middle District of Pennsylvania announced today that the United States has reached a settlement with Vantage Trust Federal Credit Union. The United States had sued Vantage seeking to remove Vantage from federal land and to recover money damages. The suit was brought because Vantage continued to occupy a building on the property of the Wilkes-Barre VA Medical Center after its license to occupy that building had ended. Damages were also sought because Vantage had no basis for continuing to occupy the building after its license had expired.

Vantage has agreed to turn over the building which previously housed the credit union to the US Department of Veterans Affairs. Vantage also agreed to pay to the United States $205,000. The settlement was reached after a mediation conducted by United States Magistrate Judge Joseph F. Saporito, Jr.

The case was handled by Assistant United States Attorney Justin Blewitt together with Dennis J Kulish, Office of General Counsel, U.S. Department of Veterans Affairs.

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

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WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Morales, age 27, of Tobyhanna, Pennsylvania, pleaded guilty on August 28, 2018, before U.S. District Court Senior Judge A. Richard Caputo to the charge of conspiracy to distribute heroin and crack cocaine.  

According to United States Attorney David J. Freed, Morales admitted to participating in a conspiracy to distribute between 700 grams and one kilogram of heroin (which is equivalent to 28,000 to 40,000 individual doses of heroin), as well as between 840 grams and 2.8 kilograms of crack cocaine, in the Monroe County area between May and July 2015.  Morales 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.

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 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.         

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.

# # #

HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced that former Pennsylvania State Treasurer Robert M. McCord, age 59, currently residing in Long Branch, New Jersey, was sentenced to 30 months’ imprisonment by U.S. District Court Judge John E. Jones, III, for two counts of attempted extortion.

Judge Jones also ordered McCord to pay a $5,000 fine and to report to the Bureau of Prisons on October 29, 2018.                      

According to United States Attorney David J. Freed, McCord served as the Pennsylvania State Treasurer from 2008 until he resigned in February 2015. During late April and early May 2014, McCord attempted to extort campaign contributions from a law firm and a property management company while he was running for Governor by threatening economic harm to the potential donors if they failed to make sufficient campaign contributions. In particular, McCord threatened to use his position as State Treasurer to interfere with the business that the law firm and property management firm were conducting with the state if they did not make the contributions.

“As Treasurer of the Commonwealth of Pennsylvania, and a candidate for Governor, McCord attempted to obtain political contributions by threatening retaliation against those who refused,” said U.S. Attorney Freed.  “McCord’s official actions to benefit his friends and punish his foes compromised the integrity of the Treasury and directly damaged the citizens of Pennsylvania.  Although public corruption investigations are lengthy, difficult and complex, they have been and will remain a priority of our office.  Our oaths demand it and the public deserves it.  I commend the outstanding work of the FBI, IRS-Criminal Investigations and the Pennsylvania State Police and thank them for their continued commitment to rooting out corruption in Pennsylvania.”

“Rob McCord crossed the line from fundraising to felonies, when he attempted to extort potential donors to fund his gubernatorial campaign,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Trying to further his own ambitions, he abused his position of public trust. The FBI will continue to investigate public corruption and hold those responsible accountable, to send a message to public officials that crime truly doesn’t pay.” 

“McCord broke the law and the trust placed in him by the public when he attempted to extort campaign contributions,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “McCord’s sentence demonstrates our collective efforts to enforce the law and ensure public trust.”

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorneys Michael A. Consiglio, William S. Houser, and Gordon A. D. Zubrod prosecuted the case.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Justin Bodnar, age 29, of Wilkes-Barre, Pennsylvania, pleaded guilty on August 24, 2018, before U.S. District Court Senior Judge James M. Munley to the charge of unauthorized access to a computer.

According to United States Attorney David J. Freed, Bodnar admitted that he “hacked” into a computer belonging to another individual and thereby obtained the e-mails of that individual.  Bodnar then offered to sell copies of the e-mails to a third person.  As a result of that conduct, Bodnar was indicted by a grand jury in December 2016. 

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

The matter was investigated the Federal Bureau of Investigation (FBI).  Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

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

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

# # #

WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Matthew Morales, age 25, of Pocono Summit, Pennsylvania, pleaded guilty on August 23, 2018, before U.S. District Court Senior Judge A. Richard Caputo to conspiracy to distribute heroin and crack cocaine.  

According to United States Attorney David J. Freed, Morales admitted to participating in a conspiracy to distribute between 10 and 40 grams of heroin (which is equivalent to 400 to1,600 individual doses of heroin), as well as between 28 and 112 grams of crack cocaine, in the Monroe County area between May and July 2015.  Morales 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.

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 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.       

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Orlando Hernandez, age 33, formerly of Florida, pleaded guilty on August 24, 2018, before U.S. District Court Judge Malachy E. Mannion to the charge of assault on a correctional officer.

According to United States Attorney David J. Freed, Hernandez, an inmate at USP  Canaan, admitted to kicking and “head-butting” a correctional officer on January 27, 2017, during a disciplinary hearing at the prison.  Hernandez was indicted by a grand jury in September 2017. 

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

The matter was investigated by the Federal Bureau of Investigation (FBI) and the Bureau of Prisons Special Investigative Service.  Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

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

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

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Demitri Reese, age 26, an inmate at the United States Penitentiary, Allenwood (USP Allenwood), Pennsylvania, was indicted on August 23, 2018, for possession of a weapon in prison.  

According to United States Attorney David J. Freed, the indictment alleges that on October 14, 2017, Reese was found in possession of a homemade piece of plastic, commonly referred to as a “shank,” that was designed to be used as a weapon.

The case was investigated by officers at USP Allenwood and the Federal Bureau of Investigation.  Assistant United States Attorney Alisan VanFleet is prosecuting the case.

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

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

The defendant is facing a maximum of five years of incarceration and a $250,000 fine.   Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dwayne Romail Brown, age 38, Michael Rinaldi, age 41, and Andrew Henry, age 44, all of Wilkes-Barre, Pennsylvania, were indicted on August 21, 2018, by a federal grand jury on drug trafficking charges.

According to United States Attorney David J. Freed, the indictment alleges that Brown, Rinaldi and Henry conspired to distribute and possess with the intent to distribute over 500 grams of cocaine between May and August 2018, in the Middle District of Pennsylvania. 

The case was investigated by the U.S. Drug Enforcement Administration (DEA) 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. 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 40 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 Jeffrey R. Boyd, age 55, a resident of Tulsa, Oklahoma, was indicted on August 21, 2018, by a federal grand jury for unlawfully possessing a firearm and ammunition.

According to United States Attorney David J. Freed, the indictment alleges that on or about July 31, 2018, Boyd was subject to an Order of Protection that prohibited him from, among other things, harassing, stalking, or threatening another person, and which specifically required Boyd to surrender all firearms.  The Indictment further alleges that Boyd was found in possession of a .45 caliber pistol and multiple rounds of .45 caliber ammunition on July 31, 2018, within Columbia County. 

The charges stem from a joint investigation conducted by the Department of Homeland Security - United States Secret Service, and the Pennsylvania State Police.  Assistant 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.

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

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

The maximum penalty under federal law for the crimes charged in the Indictment 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.

# # #

WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tyrone Greene, age 44, of New York City, was sentenced on August 21, 2018, by United States District Court Senior Judge A. Richard Caputo to serve five years’ imprisonment for being a convicted felon in possession of a firearm and ammunition.

According to United States Attorney David J. Freed, Greene was convicted of being a felon in possession of a firearm and ammunition after a two-day jury trial before Judge Caputo in October 2017.  Greene was indicted by a grand jury as a result of an incident which occurred in Hanover Township, Luzerne County, on November 20, 2014, where police officers initiated a traffic stop of a vehicle in which Greene was a passenger.  The vehicle was traveling at night without lights and the officers detected the odor of marijuana coming from the vehicle and located a bag of marijuana in Greene’s pocket.  A subsequent search of Greene, a previously convicted felon, revealed that he was carrying a fully loaded Beretta pistol.

In addition to the prison term, Judge Caputo ordered that Greene be supervised by a probation officer for three years upon his release from prison.

The investigation was conducted by the Hanover Township Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation’s Safe Streets Task Force.

Assistant United States Attorneys Robert J. O’Hara and 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. 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 Tony McCoy, a/k/a “Hard Times,” age 33, of New Jersey, was indicted on August 21, 2018, by a federal grand jury for drug trafficking.

According to United States Attorney David J. Freed, the indictment alleges that McCoy conspired with others to distribute and possess with intent to distribute one kilogram and more of heroin between August 2016 and February 2018 in Monroe County.  One kilogram of heroin is the equivalent of approximately 40,000 individual doses.  The indictment also alleges that McCoy possessed with intent to distribute heroin within 1,000 feet of East Stroudsburg University on February 22, 2018.

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

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.   In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001

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

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

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

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

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned a superseding indictment on August 21, 2018, charging Shavonne Saxon, age 30, of Kingston, Pennsylvania, with conspiring to distribute and possess with the intent to distribute cocaine hydrochloride and crack cocaine.

According to United States Attorney David J. Freed, the superseding indictment charges Saxon with conspiring to distribute both cocaine hydrochloride and in excess of 28 grams of cocaine base (crack), between September 2016 and April 2017.  Saxon previously was indicted in April 2017 for possessing with the intent to distribute more than 28 grams of cocaine base, and with possessing with the intent to distribute cocaine, in March and April 2017.  Saxon also was charged with possessing a firearm in furtherance of her narcotics trafficking and with being a felon in possession of a firearm and ammunition.

Saxon has remained in custody since her April 2017 arrest.

The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives and by the Kingston Police Department.  Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 penalties under federal law for the charges are life imprisonment.  The charges for conspiring to distribute and possessing over 28 grams of crack cocaine carries a 10-year mandatory minimum sentence of imprisonment, while the charge for possessing a firearm in furtherance of narcotics trafficking carries a five-year mandatory minimum sentence of imprisonment that runs consecutive to any other term of 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 Wesley Mark Smith, age 51, an inmate at United States Penitentiary Allenwood (USP Allenwood), Pennsylvania, was indicted on August 21, 2018, by a federal grand jury on attempt to commit murder, assault with a deadly weapon, and assault causing serious bodily injury.

According to United States Attorney David J. Freed, the indictment alleges that Smith was an inmate at USP Allenwood on March 15, 2015, when he assaulted his cellmate and struck him about the head and face with a wheelchair. 

The case was investigated by the Federal Bureau of Investigation and officers of the Bureau of Prisons.  Assistant U.S. Attorney Todd K. Hinkley 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 these offenses are 40 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 Raymond Patrick Snyder, age 35, of York, Pennsylvania was charged in a criminal information on August 17, 2018, with embezzlement of funds by a bank employee.

According to United States Attorney David J. Freed, the information alleges that Snyder, a former bank employee, embezzled approximately $889,881 from the First National Bank on August 17, 2015.

The case was investigated by the Federal Bureau of Investigation.  Assistant United States Attorney Joseph J. Terz is prosecuting the case.

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

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

The maximum penalty under federal law for this offense is 30 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeffrey Swanberry, age 45, of Pittston, Pennsylvania, pleaded guilty today before Senior United States District Court Judge James M. Munley to importing “designer drugs,” which are controlled substance analogues, into the United States from China.

According to United States Attorney David J. Freed, on August 1, 2018, a criminal information was filed charging Swanberry with importation of controlled substance analogues, commonly known as “designer drugs,” into the United States from China between September 2016 and February 2018.  The criminal information identifies the designer drugs as “alpha-ethylaminohexanophenone,” “n-ethylhexedrone,” and “n-ethylpentylone.”

Under federal law, such “designer drugs” are controlled substance analogues, which are chemically similar to controlled substances in Schedule I or II, to the extent they are intended for human consumption, are treated as controlled substances.

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

The charge against Swanberry stems from an investigation conducted by the Department of Homeland Security, the U.S. Postal Inspection Service, and the Pennsylvania State Police.   Assistant United States Attorney Robert J. O’Hara is prosecuting the case.

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

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gregory Ciego, age 35, of Drums, Pennsylvania, pleaded guilty on August 17, 2018, to a criminal information charging him with theft of government property.

According to United States Attorney David J. Freed, Ciego admitted to stealing $1,000 from the United States between January 2016 and January 2018, by making purchases of gasoline using a credit card issued by the United States Navy.  

This case was investigated by the Office of the Inspector General and the United States Naval Criminal Investigative Services.  Assistant U.S. Attorney Alisan VanFleet 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 theft of government services is one year of imprisonment, a term of supervised release of one year, and a $100,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that six previously deported aliens were indicted separately on August 15, 2018, by a federal grand jury for illegal re-entry into the United States. 

According to United States Attorney David J. Freed, Raymundo Bongomer-Moya, age 42, of Dominican Republic, was previously deported from the United States to the Dominican Republic in November 2006.  He is alleged to have illegally re-entered the United States sometime after November 2006, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.

Bongomer-Moya faces a maximum penalty of twenty years of imprisonment, a term of supervised release following imprisonment, and a fine.  

Rolando Juarez-Epitacio, age 29, of Mexico, was previously deported from the United States to Mexico in June 2012, March 2013, and July 2013.  He is alleged to have illegally re-entered the United States sometime after July 2013, and was found in the United States in Centre County, Pennsylvania after eluding examination or inspection by immigration officers.

Juarez-Epitacio faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.  

Juan Amarillas-Espinoza, age 24, of Mexico, was previously deported from the United States to Mexico in March 2012 and February 2017.  He is alleged to have illegally re-entered the United States sometime after February 2017, and was found in the United States in Lycoming County, Pennsylvania after eluding examination or inspection by immigration officers.

Hilario Garcia-Perez, age 34, of Guatemala, was previously deported from the United States to Guatemala in July 2009.  He is alleged to have illegally re-entered the United States sometime after July 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Ronald Gomes-Fuentes, age 30, of Honduras, was previously deported from the United States to Honduras in April 2010 and 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 York County, Pennsylvania after eluding examination or inspection by immigration officers.

Nelson Galicia-Garcia, age 33, of El Savador, was previously deported from the United States to El Salvador in April 2014.  He is alleged to have illegally re-entered the United States sometime after April 2014, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

Under federal law, Gomes-Fuentes, Garcia-Perez, Amarillas-Espinoza, and Galicia-Garcia all 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 Brian G. McDonnell 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 Brett Lamar Heinbach, age 36, formerly of Pine Grove, Pennsylvania, was indicted on August 14, 2018, by a federal grand jury on drug trafficking and firearms charges.

According to United States Attorney David J. Freed, the indictment alleges that Heinbach conspired with other individuals to distribute over 50 grams of methamphetamine between March and April 2016.  The indictment also alleges that Heinbach possessed multiple firearms in furtherance of drug trafficking, one firearm having an obliterated serial number.  Heinbach is also charged with being in possession of eight pipe bombs.  

The case was investigated by the Pennsylvania State Police, Schuylkill County District Attorney’s Office and Homeland Security Investigations.  Assistant U.S. Attorney Jenny P. Roberts 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 these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Claude Turner, age 38, of Stroudsburg, Pennsylvania, was indicted on August 14, 2018, by a federal grand jury on drug trafficking charges.

According to United States Attorney David J. Freed, the indictment alleges that Turner distributed and possessed with the intent to distribute cocaine and fentanyl on May 1, 2018, and cocaine, fentanyl, heroin, tramadol, and ketamine on May 17, 2018, in Monroe County, Pennsylvania.  The indictment alleges that those two violations occurred within 1,000 feet of a playground, a protected place under federal law.  The indictment further alleges that Turner possessed with intent to distribute marijuana on May 31, 2018.

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

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HARRISBURG - The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the six most frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.

On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability to consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.

In setting the aggregate production quota (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.

The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:  

(see attached chart below)

Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.

"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs.  These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.” 

“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”

“Today’s announcement of the third consecutive year of decreases in proposed opioid manufacturing quotas shows continued progress in the right direction in our ongoing battle against this unprecedented public health and criminal justice crisis,” said U.S. Attorney David J. Freed.  “The flooding of diverted prescription opioids into our communities has directly contributed to the demand for illicit drugs, exploited by violent drug dealers, and the death and destruction that is the only sure result of their criminal enterprises.  Along with education, enforcement and meaningful treatment, reduction in supply will ultimately save lives.”

Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls. 

When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.

The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually. 

In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing. 

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Post Acute Medical, LLC, a Pennsylvania-based operator of long‑term care and rehabilitation hospitals across the country, and certain affiliated entities through which the company operates its facilities (collectively, “PAM”), have agreed to pay the United States, Texas, and Louisiana a total of $13,168,000 to resolve claims that they violated the False Claims Act, and the Texas and Louisiana false claims statutes, by knowingly submitting claims to the Medicare and Medicaid programs that resulted from violations of the Anti‑Kickback Statute and the Physician Self‑Referral Law, the Justice Department announced today.

The Anti-Kickback Statute, in relevant part, prohibits offering or paying anything of value to encourage the referral, or to encourage recommending or arranging for the referral, of items or services covered by Medicare, Medicaid, and other federally funded programs.  The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper financial relationship.  Both the Anti-Kickback Statute and the Stark Law are intended to ensure that medical decision-making is not compromised by improper financial incentives and is instead based on the best interests of the patient.

Since it was founded in 2006, PAM entered into numerous physician-services contracts on behalf of its hospitals.  Although the purpose of these contracts was ostensibly to retain physicians as medical directors or in other administrative or medical roles, the United States alleged that in reality the company’s payments under these contracts were intended to induce the physicians to refer patients to PAM’s facilities.  The company allegedly violated the AKS further by entering into what it called “reciprocal referral relationships” with unaffiliated healthcare providers such as home health companies.  In the course of those arrangements, PAM allegedly referred patients to those other providers with the understanding that those providers would refer other patients to PAM’s facilities.

“Kickbacks undermine the independence of physician and patient decision-making, and raise healthcare costs,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division.  “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs.”

“Medicare and Medicaid beneficiaries depend on their healthcare providers to make decisions based on sound medical judgment,” said U.S. Attorney David J. Freed.  “Our office will take decisive action to address allegations that medical providers are paying or receiving improper financial benefits that could influence medical decision-making.”

“PAM’s alleged kickbacks and improper physician relationships threatened the impartiality of medical decision-making and the financial integrity of Medicare and Medicaid,” said Special Agent in Charge C.J. Porter for the U.S. Department of Health and Human Services Office of Inspector General.  “Our agency will continue to investigate companies who step over the line to maximize their profits at the expense of federal health care programs.”

PAM’s conduct allegedly resulted in false claims to Medicare as well as certain Medicaid programs.  The latter are jointly funded by both the federal and state governments.  Under the settlement, PAM will pay $13,031,502 to the United States, $114,016 to Texas, and $22,482 to Louisiana.

The settlement resolves allegations originally brought by Douglas Johnson in a lawsuit filed under the whistleblower provisions of the False Claims Act, which allow private parties to bring suit on behalf of the federal government and to share in any recovery.  The whistleblower will receive $2,345,670 as his share of the federal government’s recovery in this case.

In addition to resolving its False Claims Act liability, PAM has entered into a five-year Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General which includes, among other compliance obligations, an arrangements review to be conducted by an Independent Review Organization.

This matter was handled on behalf of the government by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Middle District of Pennsylvania and Southern District of Texas, and the Department of Health and Human Services Office of the Inspector General.  

The case is captioned United States ex rel. Johnson v. Post Acute Medical, LLC et al., Civil Action No. 17-cv-1269 (M.D. Pa.).  The claims resolved by this settlement are allegations only and there has been no determination of liability.

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Hiteshkumar Patel, age 52, a resident of South Abington Township, Pennsylvania, was sentenced on August 9, 2018, by United States District Court Judge Robert D. Mariani to serve 234 months in prison on the charges of conspiracy and aggravated identity theft.

According to United States Attorney David J. Freed, Patel pleaded guilty to conspiracy to commit wire and mail fraud, as well as aggravated identity theft in November 2017.  The investigation revealed that beginning in or about August 2015 through May 2016, Patel was involved in a multi-faceted international conspiracy and devised a scheme to defraud that included individuals who falsely represented themselves as Internal Revenue Service (IRS) agents, as well as individuals associated with an illegitimate online loan business. 

Individuals who falsely claimed to represent the Internal Revenue Service (IRS) contacted unsuspecting victims throughout the United States.  The victims were told that they had to immediately make a monetary payment in order to satisfy outstanding IRS tax debt and/or IRS penalty fees.  Victims were told that there would be severe consequences if they did not immediately comply, such as federal agents knocking on their door, notification to employers, garnishment of wages, and even arrest. 

Victims of the online loan fraud scheme were instructed that in order to receive the proceeds of their online loan application, they had to first make monetary payments associated with the processing of the application, such as fees for expediting the loan and insurance.   Some victims of the loan fraud scheme were also told that outstanding IRS debt had to be satisfied before their loan application could be processed. 

All of the victims were instructed to remit monetary payments to a number of different individuals via the U.S. Mail, Western Union, MoneyGram, and/or RIA (Walmart to Walmart).  The monetary payments were received by Patel, or by members of the unlawful telemarketing organization and unindicted co-conspirators.  The investigation identified 634 individuals directly tied to Patel’s criminal conduct from across the country.  The victims collectively sustained a loss of nearly $900,000.

At sentencing, Judge Mariani stated that “Telephone schemes and online fraud have become a scourge in our society.”  He described Patel’s crimes as “reprehensible” and “lacking in human decency.” 

In addition to the prison term, Judge Mariani ordered that Patel be supervised by a probation officer for three years following his release from prison and further ordered that Patel pay restitution in the amount of $896,112.33. 

Patel was indicted by a federal grand jury on June 20, 2017, after an investigation jointly conducted by the United States Postal Inspection Service, the Department of the Treasury - Treasury Inspector General, and the South Abington and Scranton Police Departments.  Assistant United States Attorney Michelle Olshefski prosecuted the case.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kevin L. Moody, age 27, Nathaniel P. Green, age 37, and Robert E. Hendrix, Jr., age 38, all of Harrisburg, Pennsylvania, were indicted on August 8, 2018, by a federal grand jury on drug trafficking and firearms charges.

According to United States Attorney David J. Freed, the indictment alleges that the three men conspired to distribute cocaine base and marijuana in late 2017 and possessed those same drugs with the intent to distribute on December 15, 2017, in Dauphin County.  The indictment also alleges that the men possessed multiple handguns in furtherance of drug trafficking and unlawfully possessed those guns as previously convicted felons. 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City Police Department.  Assistant U.S. Attorney Carlo D. Marchioli 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 are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Durrell Davenport, age 27, of Scranton, was sentenced on August 8, 2018, to ten years’ imprisonment and three year’s supervised release by United States District Court Judge Malachy E. Mannion for two armed robberies of gas stations in the City of Scranton.

According to United States Attorney David J. Freed, Davenport previously pleaded guilty to the charge of brandishing a firearm in furtherance of a crime of violence in connection with the armed robbery of the EFuel gas station, located on Pittston Avenue in Scranton, which occurred on June 8, 2017.  Approximately $266 and several packs of cigarettes were taken in the robbery. Davenport also previously pleaded guilty to the charge of interference with commerce by armed robbery, in connection with the robbery of the Sunoco gas station, located on South Main Avenue in Scranton, which occurred on June 20, 2017.  Approximately $312 and several packs of cigarettes were taken in that robbery.  Davenport was indicted by a grand jury for both robberies in November 2017.  A co-conspirator, Amod Phillips, age 28, of Scranton, was also indicted by the grand jury for the armed robbery of the Efuel gas station and was sentenced to seven years’ imprisonment by Judge Mannion.

The investigation was conducted by the Scranton Police Department, the Bureau of Alcohol, Tobacco and Firearms, and the Federal Bureau of Investigation.  Assistant United States Attorney Robert J. O’Hara prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Siobhan Daniels, age 31, of Wilkes-Barre, Pennsylvania, was sentenced to 30 months’ imprisonment and four years supervised release on August 7, 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, Daniels pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately December 2015 through September 2016.  Daniels admitted to working as a drug runner and courier in the conspiracy, and to transporting narcotics from New York to Pennsylvania.  Daniels admitted to trafficking in excess of 196 grams of crack cocaine and in excess of 700 grams of heroin, the latter of which is the equivalent of approximately 28,000 individual doses of heroin.

Daniels was charged in June 2017 with 14 other individuals.  All of her co-defendants have pleaded guilty, with six 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;
• William Waring of Bronx, New York, was sentenced to 60 months’ imprisonment;
• John Maybank of Bronx, New York, was sentenced to 53 months’ imprisonment.
• Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months one day of imprisonment; and
• Tanay Jones of Bronx, New York, was sentenced to a time served sentence of 19 days’ imprisonment.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and the Luzerne County Drug Task Force.  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.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Malachy E. Mannion  sentenced Deshaun Lipscomb, age 26, of Monroe County, to 120 months’ imprisonment for drug and firearms crimes.

According to United States Attorney David J. Freed, Lipscomb pled guilty in December 2017 to distribution and possession with intent to distribute over 100 grams of heroin (which is equivalent to approximately 4,000 individual doses), along with quantities of cocaine and marijuana, between January 2016 and February 2017.  Lipscomb also plead guilty to possession of a 9mm handgun in furtherance of drug trafficking. 

Lipscomb is a member of the Brick City Brims, a set of the Bloods criminal street gang.  In May, Judge Mannion sentenced Lipscomb’s codefendant and fellow gang member, Pablo Martinez, to 150 months’ imprisonment for the robbery and shooting of a drug dealer in Stroudsburg.  Martinez admitted to shooting the victim twice and pushing him from a pickup truck, all at high speed.  A third co-defendant, Orrett Campbell, fired several rounds from a .40 caliber handgun at the pickup truck while giving chase.  Judge Mannion sentenced Campbell to 96 months’ imprisonment in July.

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Thomas Oiler, age 49, of Flowery Branch, Georgia, was charged in a criminal information on August 3, 2018, with conspiring to launder stolen drug proceeds.

According to United States Attorney David J. Freed, the criminal information alleges that Oiler was part of a conspiracy that stole more than $800,000 of cash drug proceeds before turning more than $1.7 million of cash drug proceeds over to law enforcement officers.  It is alleged that Oiler rented a storage unit in Baltimore and travelled to Pennsylvania at the request of an unindicted coconspirator who had stolen more than $800,000 of cash drug proceeds from a coast-to-coast marijuana trafficking organization.  Oiler allegedly took the vast majority of those proceeds and stored them in the rented unit in Baltimore.  It is further alleged that Oiler then laundered those funds by conducting numerous financial transactions, including sending cash to the unindicted coconspirator and a now-retired agent of the PA Attorney General’s Office Bureau of Narcotics Investigations Mobile Street Crimes Unit.  That agent, Timothy B. Riley, previously pled guilty to participating in the conspiracy and awaits sentencing.  Oiler netted about $400,000 of the proceeds.

The investigation began after Riley was notified on June 24, 2015, by an unindicted coconspirator about a large amount of cash from a coast-to-coast marijuana trafficking organization.  Riley and other members of the Mobile Street Crimes Unit met the unindicted coconspirator at a truck stop in Carlisle, Pennsylvania to seize cash out of the truck.  The amount seized was $1,770,650.  The unindicted coconspirator provided information about the marijuana trafficking organization for which he was transporting the cash.  An investigation of that drug trafficking organization revealed the amount of cash in that shipment was $2,590,000, and an allegation was made that Agents had stolen more than $800,000 from the shipment when it was seized.  To ensure a full investigation was undertaken, the PA Attorney General referred the matter to the Federal Bureau of Investigation.

The FBI, joined by Internal Revenue Service – Criminal Investigations, conducted a full investigation, revealing more than $800,000 was stolen by the driver of the truck who turned the rest of the money in, aided by Oiler.  After the seizure, Timothy B. Riley received three cash payments from the driver, totaling $48,000.  Riley then deposited and conducted other financial transactions with that money, knowing it was stolen proceeds of drug trafficking.  Oiler conducted financial transactions with more than $240,000 of the proceeds. 

The case was investigated by the Harrisburg Offices of the Federal Bureau of Investigation and Internal Revenue Service, Criminal Investigation, with the full assistance of the Pennsylvania Office of Attorney General.  Assistant U.S. Attorney James T. Clancy is prosecuting the case. 

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

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

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Henry Okpalefe, age 50, currently incarcerated and formerly of Toronto, Ontario, Canada, was sentenced to 216 months’ imprisonment and three years’ supervised release by United States District Court Judge John E. Jones, III, for conspiracy to commit mail fraud, wire fraud and money laundering.  Okpalefe was convicted on March 30, 2017, after a three-day bench trial before Judge Jones.

According to United States Attorney David J. Freed, between 2008 and 2010, Okpalefe and his co-conspirators stole over $23 million from hundreds of lawyers and law firms in the Middle District of Pennsylvania and nationwide.  Under the guise of seeking legal representation, the conspirators contacted attorneys and law firms in the United States using fake email accounts.  Once an attorney or law firm agreed to represent the purported client, the conspirators sent bank checks through the mail and instructed them to deposit the money into their IOLTA accounts.  From there, the attorneys were provided with wire instructions and they wired their legitimate funds to Asian bank accounts.  Before the counterfeit checks were returned as fraudulent, the money had already been withdrawn by co-conspirators in Asia and distributed to conspirators’ bank accounts in Nigeria and Canada. Okpalefe and his co-conspirators operated in Canada, Nigeria, Japan and South Korea.   

Judge Jones ordered Okpalefe to pay $23 million in restitution to the victims and to forfeit $504,787.

The case was investigated by the United States Secret Service, the Federal Bureau of Investigation and the United States Postal Inspection Service.  The Toronto Strategic Partnership and the Toronto Police Service provided integral assistance in the investigation and prosecution of the case.  The Justice Department's Office of International Affairs provided assistance with the investigation.  Assistant United States Attorneys Chelsea Schinnour and Kim Douglas Daniel prosecuted the case.

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WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kassandra Mattox, age 25, of Tobyhanna, Monroe County, pleaded guilty on August 1, 2018, before United States District Court Senior Judge A. Richard Caputo to making false statements to a federally licensed firearms dealer in connection with the purchase of multiple firearms.

According to United States Attorney David J. Freed, Mattox admitted to providing false information regarding the purchase of two firearms from Dunkelberger’s Sports Outfitter, in Stroudsburg, Monroe County, on October 27, 2016.  One of the firearms purchased by Mattox was recovered by police during a traffic stop in Monroe County involving another individual.  Mattox was previously indicted by a grand jury in September 2017.

A sentencing date for Mattox has not yet been scheduled.

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Investigators from the Pennsylvania State Police and the Pocono Mountain Regional Police Department also participated in the investigation.  Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.

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.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Amod Phillips, age 28, of Scranton, Pennsylvania, was sentenced on July 31, 2018, by United States District Court Judge Malachy E. Mannion to serve seven years’ imprisonment for the armed robbery of the EFuel gas station located on Pittston Avenue in Scranton.

According to United States Attorney David J. Freed, Phillips previously pleaded guilty to the charge of brandishing a firearm in furtherance of a crime of violence.  Phillips and another individual, Durrell Davenport, age 28, also of Scranton, were indicted by a grand jury in November 2017 for the armed robbery of the EFuel gas station on June 8, 2017.  Approximately $266 and several packs of cigarettes were taken in the robbery.   Davenport is currently awaiting sentencing.

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

The investigation was conducted by the Scranton Police Department, the Bureau of Alcohol, Tobacco and Firearms, and the Federal Bureau of Investigation.  Assistant United States Attorney Robert J. O’Hara prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.         

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Betty Jo Eckenberger, age 32, and James David Eckenberger, age 43, of Perry County were sentenced on August 1, 2018, by United States District Court Judge Yvette Kane for child exploitation crimes.  Betty Jo Eckenberger was sentenced to 17 years’ imprisonment followed by 15 years of supervised release.  James Eckenberger was sentenced to 30 years’ imprisonment followed by 15 years of supervised release. 

According to United States Attorney David J. Freed, the Eckenbergers sexually assaulted minors between 2008 and 2011, and took photographs of those assaults.  Both defendants were ordered to forfeit all electronic equipment used to take the images.

This case was investigated by the Pennsylvania State Police with the assistance of the Federal Bureau of Investigation.  Assistant United States Attorney James T. Clancy prosecuted the case. 

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

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joel Hunsicker, age 37, of Scranton, Pennsylvania was charged on July 31, 2018, in a criminal information with stealing student incentive gift cards.

According to United States Attorney David Freed, Hunsicker was in charge of counseling youths at the PA CareerLink in Lackawanna County. During the course of five years as a student counselor, Hunsicker stole more than $6,500 worth of federally funded gift cards intended for student rewards, Hunsicker used those cards for his own personal benefit. 

The case was investigated by the U.S. Department of Labor, Office of the Inspector General.  Assistant United States Evan Gotlob 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 is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.      

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that James H. Short, Jr., age 53, of Harrisburg, Pennsylvania, the former Director of Marketing and Merchandising for the Pennsylvania Liquor Control Board (PA-LCB) was sentenced on July 31, 2018, to two years’ probation and six months of house arrest by U.S. District Court Judge Sylvia H. Rambo, for a scheme to defraud the state, its citizens and the PA-LCB of their right to his honest services as a public official through bribes, kick-backs and concealing information.    

According to United States Attorney David J. Freed, Short served as the Director of Marketing and Merchandising from approximately 2003 to 2012, and supervised the process through which alcoholic beverages are selected and acquired for sale in Pennsylvania’s state-run liquor stores. Between 2002 and 2012, Short received benefits from a distributor and a manufacturer of alcoholic beverages sold in Pennsylvania’s stores.  These benefits included all-expense paid golf trips, cash, gift cards, meals, and other benefits. As Director of Marketing and Merchandising for the PA-LCB, Short supervised the process of recommending to the PA-LCB which new products should be sold and which products should no longer be sold in Pennsylvania’s 500 state-run liquor stores.

Short pled guilty to the charge of Honest Services Mail Fraud in September 2015.

The case was investigated by the Harrisburg Office of the FBI.  Assistant United States Attorney Michael A. Consiglio prosecuted the case. The case initially was brought by the Pennsylvania Ethics Commission which found that Short violated the Pennsylvania Ethics act when he accepted certain things of value charged in the present federal case.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 27, 2018, United States District Court Judge Malachy E. Mannion sentenced John Maybank, age 25, of Bronx, New York, to 53 months’ imprisonment and three years of supervised release for conspiring to distribute heroin, crack cocaine, and fentanyl. 

According to United States Attorney David J. Freed, Maybank pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately January 2016 through February 2017.  Maybank admitted to working as a drug dealer in the conspiracy, and to transporting narcotics from New York to Pennsylvania.  Maybank trafficked in excess of 280 grams of crack cocaine and 600 grams of heroin, the latter of which is the equivalent of approximately 24,000 potentially fatal doses of heroin.

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

• Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months of imprisonment;
• Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months of 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 approximately one month of imprisonment; and
• William Waring of Bronx, New York, was sentenced to 60 months of imprisonment.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and by the Luzerne County Drug Task Force.  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.

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