FEDERAL DISTRICT ARCHIVE
Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Inmate Indicted for Assaulting Two Correctional OfficersRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Benito Flores, age 38, an inmate at United States Penitentiary Allenwood (USP Allenwood), Allenwood, Pennsylvania, was indicted on July 26, 2018, by a federal grand jury for assaulting two correctional officers.
According to United States Attorney David J. Freed, the indictment alleges that on June 4, 2017, Flores kicked and elbowed correctional officers while they performed their official duties.
The case was investigated by the Federal Bureau of Investigation and USP Allenwood. Assistant U.S. 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 maximum penalty under federal law for each offense is eight years of imprisonment, $250,000 fine, and a three year term of supervised release. 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 Women Charged with Maintaining A Drug-Involved PremisesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Phiniqua Moore, age 19, of Harrisburg, Pennsylvania, was charged on July 27, 2018, in a criminal information with maintaining a drug-involved premises.
According to United States Attorney David J. Freed, the information alleges that between November 2017 and December 2017, Moore maintained premises located on Hunter Street in Harrisburg for the purpose of distributing cocaine base and marijuana.
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.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for 20 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Individuals Sentenced for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 24, 2018, United States District Court Judge Malachy E. Mannion sentenced William Waring and Tanay Jones, both of Bronx, New York, for conspiring to distribute heroin, crack cocaine, and fentanyl. Waring, age 27, was sentenced to five years’ imprisonment and four years of supervised release following that sentence of imprisonment. Jones, age 26, received a time served sentence of approximately one month, and three years of supervised release.
According to United States Attorney David J. Freed, Waring and Jones both pled guilty to conspiring to distribute controlled substances in Pennsylvania between approximately July 2016 through February 2017. Waring admitted to working as a drug dealer in the conspiracy, and that he trafficked in excess of 60 grams of crack cocaine and in excess of 100 grams of heroin, the latter of which is the equivalent of 4,000 potentially fatal doses of heroin. Jones admitted that she served as a drug courier in the conspiracy, transporting narcotics from New York to Pennsylvania by secreting them in her body cavities. She admitted to trafficking in excess of 28 grams of crack cocaine and in excess of 100 grams of heroin, the latter of which again is the equivalent of 4,000 potentially fatal doses of heroin.
Waring and Jones were charged in June 2017 with 13 other individuals. All of their co-defendants have pleaded guilty, with three 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; and
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of 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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North Carolina Man Sentenced to over 15 Years’ Imprisonment for Possession with Intent to Distribute HeroinRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Alshaqah Tariq Powell, age 45, of North Carolina, was sentenced to 188 months’ imprisonment and five years’ supervised release by United States District Court Judge Yvette Kane for possession with intent to distribute heroin.
According to the United States Attorney David J. Freed, on November 3, 2015, Powell was traveling from North Carolina through Dauphin County on Interstate 81 when he was involved in a traffic stop by a Pennsylvania State Police trooper, leading to his arrest and the discovery of over 15,000 individual bags of heroin in his trunk. The heroin had an approximate street value of between $40,000 and $120,000.
This matter was investigated by the Pennsylvania State Police and the Drug Enforcement Agency. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Harrisburg Man Indicted for Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Isaac Sheppard, age 25, of Harrisburg, Pennsylvania, was indicted by a federal grand jury for possession with intent to distribute crack cocaine, possession of a handgun by a convicted felon, and possession of a firearm in furtherance of drug trafficking.
According to U.S. Attorney David J. Freed, the indictment alleges that Sheppard possessed with the intent to distribute cocaine base and marijuana on December 7, 2017 in Harrisburg. The indictment also alleges that Sheppard unlawfully possessed a .40 caliber, Glock handgun in furtherance of drug trafficking and as a convicted felon.
The matter was investigated by the Harrisburg Police Bureau and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 for this offense 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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New Cumberland Man Charged with Receiving Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Earl T. Cook, Jr., age 54, of New Cumberland, Pennsylvania, was charged in a criminal information on July 24, 2018, with receipt of child pornography.
According to United States Attorney David J. Freed, the information alleges that Cook received child pornography over the internet between October 2014 and March 2015.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the receipt of child pornography charge is 20 years in prison and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 5 years. 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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Inmate at USP Canaan Charged with Assaulting Other Inmates and StaffRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kurt Downs, age 28, an inmate at the United States Penitentiary at Canaan, was indicted by a federal grand jury for assaulting two other inmates and assaulting correctional officers in the performance of their duties.
According to United States Attorney David J. Freed, the indictment alleges that Downs assaulted another inmate on February 15, 2018, resulting in serious bodily injury to the victim. The indictment further alleges that Downs assaulted another inmate on March 11, 2018, and assaulted, resisted, and impeded corrections officers in the performance of their duties in responding to the assault of the inmate.
The case was investigated by the Federal Bureau of Investigation and Bureau of Prisons special investigations staff. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 27 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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Additional Charges Filed Against Scranton Man in Sex and Drug Trafficking CaseRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton returned a third superseding indictment today charging Mark Cook, age 39, with additional counts of sex trafficking by force, fraud and coercion, and two counts of interstate prostitution.
According to United States Attorney David J. Freed, the third superseding indictment alleges Cook, who used the street name of “Lucky,” used force or coercion in connection with additional victims of sex trafficking during 2015 and October 2016. It also alleges that Cook transported another person from Pennsylvania to Connecticut for purposes of prostitution between February 25 and March 2, 2016, and on March 7, 2016 persuaded another person to travel from Pennsylvania to New York to engage in prostitution.
The third superseding indictment also contains the original charges of conspiracy to commit sex trafficking by force and coercion, previous counts of sex trafficking by force, fraud and coercion, a count of attempted sex trafficking by force, fraud, and coercion, conspiracy to distribute and possess with intent to distribute heroin, “molly,” and cocaine, distribution and possession with intent to distribute heroin and cocaine, attempted witness tampering, and wire fraud.
According to the third superseding indictment, Cook used a website to post advertisements for prostitution, rented hotel rooms in Scranton, Wilkes-Barre, and elsewhere for prostitution purposes, and used intimidation, threats, physical assaults, and illegal drugs to further the prostitution business.
The charges against Cook resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and Scranton Police. Assistant U.S. Attorneys Francis P. Sempa and Jenny P. Roberts are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 sex trafficking offenses each carry a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of life in prison. The charge of persuading another person to travel in interstate commerce for purposes of prostitution carries a maximum sentence of 20 years in prison. The interstate prostitution charge carries a maximum sentence of 10 years in prison. The drug charges and attempted witness tampering charge each carry a potential maximum sentence of 20 years in prison. The wire fraud charge carries a potential maximum sentence of 30 years in prison, and the attempted witness tampering count carries a potential maximum sentence of 20 years in prison. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Schuylkill County Clerk of Courts Charged with FraudRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Steven M. Lukach, Jr., age 68, of Nesquehoning, Pennsylvania, was indicted by a federal grand jury on twenty counts of mail and wire fraud and manufacturing records to obstruct an investigation. He was arrested by federal agents this morning and appeared in federal court in Scranton and entered a not guilty plea to the charges. He was released on pre-trial supervision pending trial which was not scheduled.
According to United States Attorney David J. Freed, Lukach served as the Clerk of Courts for Schuylkill County for approximately 27 years. The indictment alleges that in 2013-2014, county auditors with the Controller’s Office began an in depth examination of the Clerk’s Office and discovered misappropriation of funds by Lukach. An FBI investigation ensued and while the audit was going on, Lukach allegedly interfered with the audit by stealing mail that was sent to banks, forged records and sent the fake bank records to the Controller’s Office, in an effort to conceal his thefts.
The indictment also alleges that Lukach stole funds from various court accounts for his own personal purposes, such as paying a family member’s credit card bill, paying for meals, making car payments, and other personal expenses.
The case was investigated by the Pennsylvania State Police, the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Michael Consiglio.
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 each of these offenses 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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Lewisburg Man Sentenced to 25 Years’ Imprisonment for Sexual Exploitation of A MinorRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tony A. Vonneida, age 63, of Lewisburg, Pennsylvania, was sentenced to 25 years’ imprisonment and 20 years of supervised release by United States District Court Judge Brann for sexual exploitation of a minor.
According to United States Attorney David J. Freed, in 2014, Vonneida coerced a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. Vonneida committed the acts while he was required to register as a sex offender under Pennsylvania law. Vonneida also knowingly possessed digital images that contained images of child pornography including minors who had not attained 12 years of age that had been mailed, or shipped or transported in interstate commerce.
The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Buffalo Valley Regional Police Department. Assistant United States Attorney Geoffrey W. MacArthur prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Luzerne County Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brandon Diggs, age 28, of Kingston, Pennsylvania, was indicted on July 10, 2018, by a federal grand jury for drug trafficking and firearms offenses. The indictment was unsealed today following Diggs’ arraignment before United States District Court Judge Malachy E. Mannion. Diggs was detained pending trial.
According to United States Attorney David J. Freed, the indictment alleges that Diggs possessed with the intent to distribute heroin, and possessed a 9mm Springfield Arms handgun as a convicted felon on June 9, 2018, in Luzerne County.
The matter was investigated by the Bureau of alcohol, Tobacco, Firearms, and Explosives (ATF) and the Kingston Police. Assistant U.S. Attorney Francis P. Sempa 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine for the gun offense. That charge also carries a mandatory minimum sentence of 15 years’ imprisonment. The maximum penalty for the drug offense is 20 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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Guatemalan National Charged with Transporting More Than A Kilogram of HeroinRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Cesar Moscoso-Sagastume, age 37, of Guatemala, was indicted on July 10, 2018, by a federal grand jury for conspiring with others to distribute and possess with intent to distribute more than a kilogram of heroin between November 2017 and the present in Luzerne County. The indictment was unsealed today following Moscoso-Sagastume’s arraignment before United States Magistrate Judge Karoline Mehalchick. Moscos-Sagastume was detained pending trial.
According to United States Attorney David J. Freed, the indictment alleges that Moscoso-Sagastume and his co-conspirators obtained heroin from suppliers in Mexico and transported the heroin from Chicago to New York City. The defendant is also charged with possessing more than a kilogram of heroin with the intent to distribute it on February 13, 2018, in Luzerne County.
The charges stem from an investigation by special agents of the Drug Enforcement Administration and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine for each offense. Each charge also carries a mandatory minimum sentence of 10 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Illinois Man and Florida Man Sentenced for Delivery of Misbranded DrugsRead the Press Release
HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced that Paul Leix, age 36, of Bloomingdale, Illinois and Thomas Keightly, age 35, of Palm Beach Gardens, Florida, were sentenced today by United States District Court Judge Yvette Kane for conspiracy to commit money laundering and delivery of altered or misbranded drugs by fraud. Leix was sentenced to four months’ imprisonment and Keightly was sentenced to 10 months’ imprisonment.
According to United States Attorney David J. Freed, Leix along with co-defendant, Dominic Pileggi, were involved in a business, L&P Trading, which used the internet to market and distribute peptides (a type of amino acid), along with other bodybuilding chemicals, to individuals seeking to enhance their physiques. Leix marketed these products on his website while providing a disclaimer that the substances were not for human consumption and use (for research purposes only). Customers who visited the website seeking these products for bodybuilding purposes would falsely attest that they were buying the chemicals for research purposes. Leix knew that the buyers were lying about what they would do with the chemicals. By marketing the products to the online bodybuilding community, Leix knew that purchasers would use the products for personal consumption rather than research. The “research only” disclaimer was a device to circumvent the regulatory authority of the Food and Drug Administration (FDA). L&P Trading advertised on body-building billboards and sites and Leix was not properly licensed or had the required approvals to manufacture, sell or prescribe these products.
Leix also sold these drugs and their chemical components to other illegal distributors and manufacturers, including Total Trading, LLC, a company owned and operated by Keightly, located in Lebanon County, that, in turn, sold directly to end users in the same manner.
Pileggi was convicted by a federal jury on June 7, 2018, of conspiracy to commit money laundering and introduction of misbranded drugs into interstate commerce. Pileggi is awaiting sentencing.
“We commend our partners at IRS Criminal Investigation for uncovering this fraudulent scheme to undermine the FDA’s mission to ensure that prescription drugs are safely manufactured and dispensed,” said U.S. Attorney Freed. “These prosecutions send a strong message that operation of clandestine laboratories such as the ones used by these defendants will be prosecuted and legally compelled to forfeit their illegal proceeds.”
“These defendants engaged in illegal on-line sale of misbrand prescription Drugs,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “Through false representations, they were able to perpetrate this scheme; and through our forensic accounting and financial investigative skills, we were able to stop them in their tracks and bring them to justice.”
The cases were investigated by the Internal Revenue Service Criminal Investigation. Assistant United States Attorney Joseph Terz prosecuted the cases.
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Hazleton Man Pleads Guilty to Making Straw Purchases of FirearmsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Arce Nunez, age 26, of Hazleton, Pennsylvania, pleaded guilty today before United States District Court Judge Robert D. Mariani to the charge of making false statements to a federally licensed firearms dealer.
According to United States Attorney David J. Freed, Nunez admitted to providing false information regarding the purchase of three firearms from Nimrod Haven Sporting Goods, in Hanover Township, Luzerne County, on February 15, 2016. One of the firearms purchased by Nunez was later recovered by police in Puerto Rico.
A sentencing date for Nunez has not yet been scheduled.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program 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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Schuylkill County Man Indicted for Threatening the President and OthersRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Shawn Christy, age 27, of McAdoo, Pennsylvania, was indicted by a federal grand jury on July 10, 2018, for threatening to harm President Donald J. Trump, and law enforcement officers.
According to United States Attorney David J. Freed, the indictment alleges that Christy posted the threats on Facebook between June 3 and 12, 2018. It is alleged that Christy posted that he was going to shoot President Trump in the head, and that he was going to use “lethal force” on any law enforcement officer that attempts to detain him as a result of a bench warrant that was issued for him. The indictment alleges that Christy also threatened to injure another person by posting “Your a dead man….Lets play.”
The threat to President Trump is being investigated by the United States Secret Service, and the other threats are being investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each offense is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg Man Pleads Guilty to Unlawful Possession of A FirearmRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tremayne James, age 24, of Harrisburg, Pennsylvania, pled guilty on July 10, 2018, before United States District Court Judge Sylvia H. Rambo to unlawful possession of a firearm by a convicted felon.
According to U.S. Attorney David J. Freed, James possessed a loaded .40 caliber, Smith and Wesson firearm in his Harrisburg residence on December 7, 2017. James’ 10 year-old nephew found the firearm and it accidentally fired, striking the boy’s six year-old sister in the chest. The victim was treated at the Hershey Medical Center and survived.
The case was investigated by the Harrisburg Police Bureau and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 for this offense is up to 10 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.
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Harrisburg Man Indicted on Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Keion Griffin, age 23, of Harrisburg, Pennsylvania, was indicted on July 11, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Griffin possessed with intent to distribute cocaine base and marijuana on April 15, 2017, in Swatara Township. The indictment also alleges that Griffin possessed multiple handguns in furtherance of drug trafficking.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Swatara Township 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 imprisonment for life, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three Indiana Residents Charged with Robbery of Scranton PharmacyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Coreon House, age 20, Rashad Coleman, age 25, and Nicola Dunlap, age 21, all of Indianapolis, Indiana, were indicted on July 10, 2018, by a federal grand jury on one count of conspiracy to commit robbery of a pharmacy, one count of armed robbery of a pharmacy and one count of brandishing a firearm in furtherance of a crime of violence.
According to United States Attorney David J. Freed, the indictment alleges that on May 21, 2018, House, Coleman and Dunlap took numerous bottles of pills, including oxycodone, morphine and xanex, from the CVS Pharmacy, located on Moosic Street in Scranton. The indictment further charges House, Coleman and Dunlap for use of a firearm during and in furtherance of a crime of violence.
The investigation was conducted by the Federal Bureau of Investigation, the Scranton Police Department 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.
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 for the armed robbery charge under federal law is 25 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. The charge of brandishing a firearm in furtherance of a crime of violence carries a mandatory minimum sentence of seven years, consecutive to any other 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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Northeastern Pennsylvania Doctor Ordered Detained Pending SentencingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Dr. Fuhai Li, age 53, of Milford, Pennsylvania, has surrendered to the U.S. Marshals in Scranton following an order for detention issued by Senior U.S. District Court Judge A. Richard Caputo on July 10, 2018.
According to United States Attorney David J. Freed, Dr. Li was found guilty on June 4, 2018 of unlawfully prescribing oxycodone and other opioids to 23 former patients, including a Honesdale woman who died as a result of using the pills, after a five-week trial before Judge Caputo. The jury also convicted Dr. Li of unlawfully prescribing oxycodone to a pregnant woman outside the usual course of medical practice and not for a legitimate medical purpose. That woman gave birth to an opioid-dependent baby 11 days after Dr Li prescribed her 120 oxycodone 30 milligram tablets. A neo-natal specialist testified that the baby spent ten days in intensive care withdrawing from the oxycodone prescribed to his mother by Dr Li.
During the trial, prosecutors from the U.S. Attorney’s Office presented the testimony of 19 former patients and three former employees of Dr. Li, eight pharmacists, three other physicians, an expert on pain management, the medical records for 39 former patients of Dr Li, and the testimony of federal law enforcement agents and investigators from the Drug Enforcement Administration (DEA) and its Diversion Division, and Internal Revenue Service (IRS) special agents.
The jury found that Dr Li repeatedly prescribed oxycodone and other opioids outside the usual course of medical practice and not for a legitimate medical purpose.
After the jury’s verdict, prosecutors asked that Dr. Li be immediately detained pending sentencing, which is scheduled for September 2018. Judge Caputo released Dr. Li under conditions which included electronic monitoring by the U.S. Probation Office. U.S. Attorney Freed appealed the release order to the Third Circuit Court of Appeals. In response to an Order of the Third Circuit issued on July 9, 2018, Judge Caputo vacated his previous order releasing Dr. Li and ordered him detained pending sentencing.
The four-year long investigation of this case was conducted by the Drug Enforcement Administration (DEA) and its Diversion Division, the Internal Revenue Service’s Criminal Investigation Division, and the Pike County District Attorney’s Office. Assistant U.S. Attorneys Michelle Olshefski, Francis P. Sempa, and Evan Gotlob prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. The drug distribution resulting in death charge also carries a mandatory minimum penalty of 20 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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Rhode Island Man Guilty of Large Scale Drug TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Angel Prado, age 46, of Providence, Rhode Island, pleaded guilty on July 9, 2018, to possession with intent to distribute more than a kilogram of heroin before U.S. District Court Judge Robert D. Mariani.
According to United States Attorney David J. Freed, Prado admitted to transporting six kilograms of heroin (which is equivalent to approximately 240,000 retail bags of heroin) from Chicago to the Middle District of Pennsylvania. The six kilograms of heroin were seized from a vehicle Prado was driving on Interstate 80 in Monroe County by members of the Pennsylvania State Police on December 19, 2013.
Judge Mariani ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
Prado was indicted by a federal grand jury in July 2015, following an investigation by the Drug Enforcement Administration and the Pennsylvania State Police. Assistant U.S. Attorneys Francis P. Sempa and Phillip Caraballo are 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.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. The charge also carries a mandatory minimum penalty of ten years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Dauphin County Woman Charged with Tax EvasionRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Diane M. Fabian, age 67, of Middletown, Pennsylvania, was charged in a criminal information on July 5, 2018, with tax evasion.
According to United States Attorney David J. Freed, the information alleges that from 2011 through 2015, Fabian filed tax returns that understated her income resulting in a total tax due and owing to the United States of $45,100.
The case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
Criminal informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for five years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Lackawanna County Man Pleads Guilty to Drug Distribution Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew McCollum, age 34, of Scranton, Pennsylvania, pled guilty on July 2, 2018, before Senior United States District Court Judge A. Richard Caputo for drug distribution resulting in death.
According to United States Attorney David J. Freed, McCollum pled guilty to unlawful distribution of heroin and fentanyl resulting in death. McCollum was indicted along with Josthan Cardona, age 26, and Holly Kaszuba, age 43, both of Scranton, by a grand jury in Scranton on August 23, 2017. Kaszuba is charged with the distribution of heroin and fentanyl resulting in death. Cardona is charged with the distribution of heroin and fentanyl resulting in two deaths and one overdose. The two deaths and the overdose occurred in December 2015. Cardona and Kaszuba are scheduled for trial on October 1, 2018.
The investigation was conducted by the Drug Enforcement Administration – Scranton Office, the Dunmore and Scranton Police Departments, and the Lackawanna County District Attorney’s Office. Assistant United States Attorney Michelle Olshefski is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. 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.
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Hazleton Man Sentenced to Three Years in Prison for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ryan Hunsinger, age 28, of Hazleton, Pennsylvania was sentenced on July 3, 2018, to serve 36 months’ imprisonment by U.S. District Court Judge Robert D. Mariani, for trafficking in heroin in January 2016.
According to United States Attorney David J. Freed, Hunsinger previously pleaded guilty to possession with intent to distribute more than 100 grams of heroin. Hunsinger admitted to obtaining more than 19,000 bags of heroin from suppliers in Philadelphia and bringing the heroin to Hazleton with the intent to distribute it.
Hunsinger was indicted by a federal grand jury in February 2016, as a result of an investigation by the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, and Hazleton Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
Judge Mariani also ordered Hunsinger to serve three years on supervised release following his prison sentence.
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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Carbon County Man Sentenced to over Seven Years in Prison for Sexual Exploitation of ChildrenRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Baldwin, age 21, of Nequehoning, Pennsylvania, was sentenced on July 2, 2018, to 95 months’ imprisonment by Senior United States District Court Judge A. Richard Caputo for sexual exploitation of children.
According to United States Attorney David J. Freed, from February 2017 through July 2017, Baldwin received, distributed, and possessed videos and visual depictions of minors, some under the age of 12, engaged in sexually explicit conduct.
Senior Judge Caputo also ordered Baldwin to be placed under supervision by a probation officer for the rest of his life.
Baldwin was indicted by a federal grand jury on November 7, 2017, after an investigation conducted by United States Homeland Security Investigations – Philadelphia Division. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc for more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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York Gang Member Sentenced to 30 Years in PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that U.S. District Court Judge Yvette Kane sentenced Anthony Sistrunk, a/k/a “Kanye,” age 30, a member of a gang that has operated for a decade or more in the City of York, to 30 years’ imprisonment for racketeering and drug distribution conspiracies.
According to United States Attorney David J. Freed, Sistrunk was identified as a member of the “Southside” street gang and the “Bloods.” The United States presented evidence at the sentencing hearing on Sistrunk’s involvement in the violent gang activity that was the subject of the two-month long trial. Judge Kane was reminded that in November 2012, Sistrunk and his fellow gang members were involved in the assault and killing of a patron at a local restaurant.
In addition, Sistrunk was involved in the July 8, 2007, murder of Michael Concepcion in the City of York. While evidence of this murder was not presented at Sistrunk’s federal racketeering trial, the United States introduced evidence of this event at his sentencing. The evidence presented showed that on that Sunday morning Sistrunk and a fellow gang member drove through back alleys of a rival’s neighborhood. Sistrunk’s companion shot an assault rifle at rivals, killing one and injuring a four-year old girl who was sitting in her home. Juan Henriquez, who was the shooter, is currently serving a 20-40 year sentence in state prison for third degree murder.
Judge Kane noted that the violence associated with the gang was some of the worst the city had ever scene. Even with the prospect of a life sentence pending before him in this federal case, Sistrunk continued with his associations and activities. While facing sentencing, prison guards searched Sistrunk’s cell and found him in possession of a cellular telephone that had been smuggled into the prison. They also found marijuana under his bed. Judge Kane noted that while Sistrunk fully deserved a life sentence, she was concerned about sentencing disparity with other defendants. The judge found that 30 years in prison was enough time in prison to reform Sistrunk and protect the public.
In November 2015, a jury convicted Sistrunk of racketeering conspiracy, drug trafficking conspiracy, and drug trafficking after a seven-week trial. It included over 100 witnesses called by the government, including York City Police officers and detectives, federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI and gang members who had previously pleaded guilty and featured the presentation of over 500 exhibits. Among the exhibits were videos of violent incidents involving the Southside Gang, drugs, cash and property seized by police and ATF agents as part of the investigation.
The jury also convicted the other 11 men who went to trial with Atkinson.
Overall, the jury found seven of the 12 men on trial guilty of racketeering conspiracy and conspiracy to distribute drugs, mainly cocaine base (crack) and cocaine, but including heroin in some instances. Two others were found not guilty of the racketeering charge but were found guilty of the drug distribution conspiracy count of the indictment. Three of the defendants were found not guilty of either of the conspiracy counts. The jury found all 12 defendants guilty of possession of illegal drugs with the intent to distribute. Two defendants were also charged and found guilty of, possession of firearms in furtherance of drug trafficking.
The principal defendants, specifically the most violent and those in leading roles, were found guilty of the racketeering conspiracy charges. The individual defendants and the charges on which they were sentenced:
Rolando Cruz, Jr., “Mico,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 3, 2017, to life in prison.
Marc Hernandez, a/k/a “Marky D,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 25, 2017, to life in prison.
Douglas Kelly, a/k/a “Killer,” age 39, racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 12, 2017, to life in prison.
Maurice Atkinson, a/k/a “Mo,” age 30; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on February 12, 2018, to life in prison.
Roscoe Villega, a/k/a “P Shawn,” age 44; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 25 years in prison.
Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 200 months in jail on December 7, 2017,
Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 165 months in jail on December 21, 2017,
Richard Nolden, age 28; racketeering conspiracy was sentenced to 25 years in prison on December 21, 2017,
Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver was sentenced to 33 months in prison on June 5, 2017,
Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver was sentenced to 34 months in prison on November 10, 2016,
Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver was sentenced to 60 months in prison on May 15, 2017.
The individual defendants and the charges on which they are awaiting sentencing:
Tyree Eatmon, a/k/a “Ree,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,
Southside gang members who pleaded guilty to racketeering conspiracy prior to the trial are and who are awaiting sentencing are:
James Abney, a/k/a “Doocs,” age 31.
Malik Sturdivant, a/k/a “Base,” age 25.
Jahkeem Abney, a/k/a “Foo,” age 27.
Ronald Payton, a/k/a “Ron Ron,” age 25.
Cordaress Rogers, a/k/a “Tank,” age 31.
Marquis Williams, a/k/a “Quis,” age 29.
Jerrod Brown, a/k/a “Boogie,” age 28.
Quintez Hall, a/k/a “Q,” age 25.
The case included the participation and assistance of the Pennsylvania State Police, West York Borough Police Department, Spring Garden Township Police Department, the York County Drug Task Force, the Federal Bureau of Investigation, and the U.S. Marshals Service. Assistant U.S. Attorneys Michael A. Consiglio, William Houser, and Joseph Terz 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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Monroe County Woman Sentenced to 2 ½ Years in Prison for Role in Heroin and Cocaine Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shawnette Isaac, age 41, of East Stroudsburg, Pennsylvania, was sentenced to serve 30 months’ imprisonment today by Senior U.S. District Court Judge James M. Munley, for her role in a heroin and cocaine trafficking conspiracy that operated in Monroe County during 2012 through 2015.
According to United States Attorney David J. Freed, Isaac previously pleaded guilty to conspiracy to distribute heroin and cocaine. Isaac admitted to traveling to New Jersey on several occasions to obtain a total of more than 80 grams of heroin, which is equivalent to approximately 3,000 retail bags of heroin, for distribution to others in the Monroe County area. Isaac also distributed heroin for the conspiracy in Monroe County.
Isaac was one of seven defendants indicted by a federal grand jury in March 2015. Six of those defendants have entered guilty pleas, including Daryl Trent who was sentenced earlier this week to 90 months’ imprisonment by Judge Munley.
Judge Munley also ordered Isaac to serve three years on supervised release following her prison sentence.
The charges against Isaac and the other defendants resulted from an investigation by special agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and local police in Monroe County. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Hazleton Man Sentenced to 33 Months in Prison for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Antonio Perez, age 46, of Hazleton, was sentenced to 33 months’ imprisonment and three years on supervised release on June 28, 2018, by U.S. District Court Judge Malachy E. Mannion for distributing heroin.
According to United States Attorney David J. Freed, Perez previously admitted to selling heroin to another person on July 2, 2014, in Hazleton. Perez sold slightly less than 100 grams of heroin, which is equivalent to just under 4,000 retail bags of heroin.
Perez was indicted by a grand jury in October 2014, following an investigation by the Federal Bureau of Investigation and the Scranton Police Department. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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National Healthcare Fraud Takedown Results in Charges Against 601 Individuals Responsible for $2 Billion in Fraud LossesRead the Press Release
HARRISBURG - Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $2 billion in false billings. Of those charged, over 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 587 providers, including doctors, nurses and pharmacists.
Attorney General Sessions and Secretary Azar were joined in the announcement by Acting Assistant Attorney John P. Cronan of the Justice Department’s Criminal Division, Deputy Director David L. Bowdich of the FBI, Assistant Administrator John Martin of the Drug Enforcement Administration (DEA), Inspector General Daniel R. Levinson of the HHS Office of Inspector General (OIG), Deputy Chief Eric Hylton of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Director Dermot F. O’Reilly of the Defense Criminal Investigative Service (DCIS).
Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.
The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid related overdose.
“Health care fraud is a betrayal of vulnerable patients, and often it is theft from the taxpayer,” said Attorney General Sessions. “In many cases, doctors, nurses, and pharmacists take advantage of people suffering from drug addiction in order to line their pockets. These are despicable crimes. That’s why this Department of Justice has taken historic new steps to go after fraudsters, including hiring more prosecutors and leveraging the power of data analytics. Today the Department of Justice is announcing the largest health care fraud enforcement action in American history. This is the most fraud, the most defendants, and the most doctors ever charged in a single operation—and we have evidence that our ongoing work has stopped or prevented billions of dollars’ worth of fraud. I want to thank our fabulous partners with the FBI, DEA, our Health Care Fraud task forces, HHS, the Defense Criminal Investigative Service, IRS Criminal Investigation, Medicare, and especially the more than 1,000 federal, state, local, and tribal law enforcement officers from across America who made this possible. By every measure we are more effective at finding and prosecuting medical fraud than ever.”
“The level of this public health crisis demands extraordinary efforts in the areas of Health Care Fraud and Drug Diversion,” said United States Attorney David J. Freed. “We will not waver in our efforts to reduce the amount of drugs on our streets and the deaths that so often follow their over prescription and misuse. Today’s nationwide takedown involving substantial cooperation across federal and state agencies helps us send a strong message: This must stop.”
“Every dollar recovered in this year’s operation represents not just a taxpayer’s hard-earned money—it’s a dollar that can go toward providing healthcare for Americans in need,” said HHS Secretary Azar. “This year’s Takedown Day is a significant accomplishment for the American people, and every public servant involved should be proud of their work.”
“Health care fraud is not a victimless crime – it affects every one of us,” said Maureen Dixon, Special Agent in Charge for the U.S. Department of Health & Human Services Office of Inspector General. “We will continue to work with our law enforcement partners to bring these criminals to justice, return stolen dollars back to our government health care programs, and protect our most vulnerable citizens.”
“The distribution of controlled substance medications for no legitimate medical purpose by a registrant and individuals seeking to obtain them by fraud or forgery is a tremendous threat to the community in which these medications are diverted,” said Jon Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “The DEA will continue to investigate any registrant suspected of misusing or abusing their privileges as well as any individual that is seeking to obtain these medications by fraud or other unlawful means. DEA greatly appreciates the coordinated efforts of all the agencies participating in this investigation.”
“Not only did Doctor Stremmel prescribe controlled substances to patients outside of medical necessity, he also falsified records in order to cover his tracks in patient files,” Attorney General Josh Shapiro said. “Thanks to U.S. Attorney David Freed’s office and cooperation with our other law enforcement partners, this man will be held accountable.”
According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over $2 billion in fraudulent billings. Because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims, aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.
The United States Attorney's Office for the Middle District of Pennsylvania charged Robert L. Stremmel, age 74, of York, Pennsylvania on June 27, 2018, with dispensing opiates and amphetamines outside the course of a professional practice and not for a legitimate medical purpose. The indictment alleges that between July 2013 and January 2018, Stremmel distributed to one person more than 21,000 tablets of oxycodone and dextroamphetamine-amphetamine, both Schedule II controlled substances. The indictment also charges Stremmel with prescribing Xanax, codeine, and Tramadol, Schedule IV and V controlled substances. It is alleged that Stremmel intentionally prescribed these controlled substances outside the usual course of professional practice and not for a legitimate medical purpose. The indictment further charged Stremmel with making a false statement related to a health care matter for allegedly falsifying medical records in conjunction with a Medicare claim.
Diversion Investigators with the Drug Enforcement Administration, Special Agents with the Office of Inspector General for the Department of Health and Human Services and Special Agents with the Pennsylvania Office of Attorney General-Medicaid Fraud Control Section conducted this investigation with assistance from the East Lampeter Township Police Department.
Also charged in four indictments were ten residents of Cumberland and Perry County with obtaining possession of oxycodone, a Schedule II Controlled Substance, by misrepresentation, fraud and forgery. Charged in the indictments are:
- Pauline M. Wolfe, age 62, of Carlisle, PA;
- Bruce A. Greenwald, age 40, Mechanicsburg, PA;
- Angela L. Greenwald, age 40, Mechanicsburg, PA;
- Charles J. Greenwald, age 31, of Carlisle, PA;
- Heather Amanda Wolfe, age 27, of Carlisle, PA;
- Megan Nico Bergstresser, age 31, Carlisle, PA;
- Amy Beth Jones, age 32, Mechanicsburg, PA;
- Joseph Benjamin Shatto, age 28, of Carlisle, PA;
- Melissa L. Hunsicker, age 43, of Enola, PA;
- David Allen Hunsicker, age 48, of Dillsburg, PA.
The indictments allege that between December 2016, and June 2017, the defendants conspired with each other and others to create false, fraudulent and forged prescriptions for oxycodone. Several of the defendants were also charged with making false statements in connection with payment of health care benefits. The indictment also alleges several defendants used the Medicare and Medicaid program benefits to pay for the forged prescriptions they filled at area pharmacies. At least three of the defendants stole the identities of Medicare and Medicaid beneficiaries to obtain payment for the fraudulently obtained opioids. The conspiracy is alleged to have resulted in the unlawful possession of approximately 10,000 oxycodone tablets.
Special Agents of the Office of Inspector General (OIG) for the United States Department of Health and Human Services and Diversion Investigators with the Drug Enforcement Administration (DEA) conducted this investigation. On June 26, 2018, OIG, DEA, Carlisle Police Department, Mechanicsburg Police Department, Marysville Police Department, West Shore Regional Police Department, Pennsylvania State Police, Perry County Sheriff’s Department, BNI and Cumberland County Sheriff’s Department searched for and executed arrest warrants for the defendants. Assistant United States Attorney Joseph Terz is prosecuting both cases.
The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,700 defendants who collectively have falsely billed the Medicare program for over $14 billion.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Monroe County Man Sentenced to 7 ½ Years in Prison for Heroin Trafficking and Firearms OffenseRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Daryl Trent, age 43, of East Stroudsburg, Pennsylvania, was sentenced on June 27, 2018, by Senior U.S. District Court Judge James M. Munley to 90 months’ imprisonment and three years’ supervised release for trafficking in heroin and possessing a firearm in furtherance of a drug trafficking crime.
According to United States Attorney David J. Freed, Trent previously admitted to committing the drug offense on March 16, 2015, and committing the gun offense on July 25, 2014. Both crimes occurred in Monroe County. Trent admitted to possessing with intent to distribute between 10 and 20 grams of heroin, which is approximately equivalent to between 400 and 800 retail bags of heroin.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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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Maryland Man Charged with Two Armed Bank RobberiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jacob Charles LaFrance, age 28, Thurmont, Maryland, was indicted by a federal grand jury on June 27, 2018, for the armed robbery of two banks.
According to United States Attorney David J. Freed, LaFrance is alleged to have committed the armed robberies of the PNC Bank in Fairfield, Adams County, on April 25, 2018 and the M&T Bank in Blue Ridge Summit, Franklin County, on May 3, 2018. In each robbery, LaFrance is alleged to have taken money in the custody and control of the bank and to have put lives in jeopardy through the use of a dangerous weapon.
The charges stem from an investigation conducted by the Federal Bureau of Investigation with the assistance of the Frederick County (MD) Sheriff’s Office, the Carroll Valley Borough Police, and the Washington Township Police Department. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 for armed bank robbery is 25 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.
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Jamaican National Indicted on Conspiracy, Mail Fraud and Money Laundering ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jennmariey Burchell, age 25, a Jamaican citizen residing in Panama City, Florida, was indicted on June 27, 2018, by a federal grand jury on 16 conspiracy, mail fraud, and money laundering charges.
Burchell was arrested on May 30, 2018, in Panama City on a complaint and warrant, and ordered detained by United States Magistrate Judge Schwab following a June 26, 2018, preliminary hearing in Harrisburg.
According to United States Attorney David J. Freed, the indictment alleges Burchell and identified and unidentified coconspirators perpetrated a scheme to defraud senior citizens, some of whom resided in the Middle District of Pennsylvania, that were falsely told they had won multi-million dollar international sweepstakes prizes. The indictment alleges the purported winners were directed to send Western Union and MoneyGram money transfers, money orders and checks to persons known as “money mules,” ostensibly to pre-pay taxes and other fictitious expenses, in order to collect the non-existent cash prizes. The Indictment further alleges that Burchell enlisted the “money mules” to receive and transfer the fraud proceeds to him and other conspirators in Jamaica.
The case was investigated by the Harrisburg Office of the United States Postal Inspection Service. Assistant United States Attorney Kim Douglas Daniel is prosecuting the case.
The United States Attorney’s Office and the United States Postal Inspection Service remind all citizens that they should never make an advance payment of any kind on the promise of a sweepstakes prize, loan or grant.
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, and could include a term of supervisory release following imprisonment, and a fine.
Mail Fraud and Money Laundering are each punishable by up to 20 years’ imprisonment. Conspiracy to commit Mail Fraud and Money Laundering carry a five-year statutory maximum.
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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Plymouth Woman Sentenced to One Year and One Day Imprisonment for Conspiring to Distribute Heroin, Crack, and FentanylRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on June 26, 2018, United States District Judge Malachy E. Mannion sentenced Kristyna Shotwell, age 30, of Plymouth, Pennsylvania, to one year and one day imprisonment for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Shotwell pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately July 2015 through February 2017. Shotwell admitted to serving as a courier for other members of the conspiracy, allowing members of the conspiracy to use her resident to package and sell narcotics, and selling heroin herself. Shotwell admitted that she trafficked in excess of 22.4 grams of crack cocaine and in excess of 80 grams of heroin, the latter of which is the equivalent of 3,200 potentially fatal doses of heroin.
Shotwell was charged in June 2017 with 14 other individuals. All of her co-defendants have pleaded guilty, with two others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months’ imprisonment; and
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months’ 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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Luzerne County Woman Charged in Money Laundering SchemeRead the Press Release
SCRANTON - The United States Attorney's Office for the Middle District of Pennsylvania announced today that Joy Dykes, age 36, of Edwardsville, Pennsylvania was charged on June 26, 2018, in a criminal information for her participation in a money laundering scheme.
According to United States Attorney David J. Freed, the criminal information alleges that between November 2011 and February 2016, Dykes’ was involved in an on-line scheme to defraud an unsuspecting victim of money by creating multiple identities, luring the victim into a romantic relationship, and then soliciting money from the victim via threats and coercion, including the creation of a fraudulent identity of an FBI agent. The criminal information also alleges that Dykes unlawfully received approximately $124,000 from the victim of the fraud.
The case was investigated by the Internal Revenue Service, Criminal Investigation - Scranton. Assistant United States Attorney Michelle Olshefski is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for the charge under the federal statutes is imprisonment for 20 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public, and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Franklin County Man Sentenced to over Seventeen Years’ Imprisonment for Conspiring to Distribute FentanylRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Chief United States District Court Judge Christopher C. Conner sentenced Nathan A. Ott, age 34, of Chambersburg, Pennsylvania, to 210 months’ imprisonment for conspiring to distribute fentanyl.
According to United States Attorney David J. Freed, Ott pled guilty in July 2017 to conspiring to distribute fentanyl in Chambersburg between October 2015 through May 2017.
Ott obtained kilogram quantities of fentanyl and then pressed and distributed the fentanyl pills. Ott began by using a manual pill press but was unable to keep up with demand and purchased a motorized press capable of making 5,000 pills an hour. Ott purchased the ingredients to manufacture the fentanyl pills on the internet through the “dark web.” Ott distributed the fentanyl pills via the internet and to his co-conspirators who further distributed the pills to consumers. Ott began to sell the pills over the internet, using the dark web, in March 2017.
Chief Judge Conner also ordered Ott to forfeit $164,010 in cash and 19.7128804 in Bitcoin (with a current value of approximately $120,000).
Ott was charged in July 2017 with six other individuals. All of his co-defendants are awaiting trial.
The case was investigated by the Federal Bureau of Investigation, the Franklin County District Attorney’s Office, the Franklin County Drug Task Force, the Chambersburg and the Shippensburg Police Departments and the Pennsylvania State Police. Assistant U.S. Attorney Daryl F. Bloom prosecuted the case.
Fentanyl is a powerful synthetic opioid analgesic that is similar to morphine, but is 50 to 100 times more potent than heroin.
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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First Nationwide Undercover Operation Targeting Darknet Vendors Results in Arrests of More Than 35 Individuals Selling Illicit Goods and the Seizure of Weapons, Drugs and More Than $23.6 MillionRead the Press Release
WASHINGTON – On June 26, 2018, the Department of Justice, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the U.S. Secret Service (USSS), the U.S. Postal Inspection Service (USPIS) and the U.S. Drug Enforcement Administration (DEA), announced the results of a year-long, coordinated national operation that used the first nationwide undercover action to target vendors of illicit goods on the Darknet. Special Agents of the HSI New York Field Division, in coordination with the U.S. Attorney’s Office for the Southern District of New York, posed as a money launderer on Darknet market sites, exchanging U.S. currency for virtual currency. Through this operation, HSI New York was able to identify numerous vendors of illicit goods, leading to the opening of more than 90 active cases around the country. The Money Laundering and Asset Recovery Section (MLARS) of the Department of Justice’s Criminal Division, working with more than 40 U.S. Attorney’s Offices throughout the country, coordinated the nationwide investigation of over 65 targets, that lead to the arrest and impending prosecution of more than 35 Darknet vendors.
These results were announced by Deputy Attorney General Rod J. Rosenstein, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Special Agent-in-Charge Angel M. Melendez of HSI New York Field Office, Inspector in Charge Peter R. Rendina of the U.S. Postal Inspection Service (USPIS) New York Division, Assistant Director Kenneth Jenkins of the U.S. Secret Service (USSS) Office of Investigations, and Special Agent in Charge James J. Hunt of the U.S. Drug Enforcement Administration (DEA) New York Division.
“Criminals who think that they are safe on the Darknet are wrong,” said Deputy Attorney General Rosenstein. “We can expose their networks, and we are determined to bring them to justice. Today, we arrested more than 35 alleged Darknet vendors. We seized their weapons, their drugs, and $23.6 million of their ill-gotten gains. This nationwide enforcement effort will reduce the supply of deadly drugs like fentanyl that are killing an unprecedented number of Americans. I want to thank our federal prosecutors, and the dedicated federal agents with DEA, Homeland Security Investigations, the Postal Inspection Service, and the Secret Service for their outstanding work.”
“The Darknet is ever-changing and increasingly more intricate, making locating and targeting those selling illicit items on this platform more complicated. But in this case, HSI special agents were able to walk amongst those in the cyber underworld to find those vendors who sell highly addictive drugs for a profit,” said HSI Executive Associate Director Benner. “The veil has been lifted. HSI has infiltrated the Darknet, and together with its law enforcement partners nationwide, it has proven, once again, that every criminal is within arm’s reach of the law.”
“Postal Inspectors and their law enforcement partners will spare no resource or expense to shine a light on the sale and distribution of illicit and dangerous items on the Darknet, that serve to destroy the lives of many through addiction and despair,” said Inspector in Charge Rendina. “Today’s announcement of our law enforcement partnership and operation sends a strong message to those who choose this illegal path, we are watching and will bring you to justice for your crimes against the American public.”
“The Secret Service is proud to work with our law enforcement partners to help combat one of the largest threats to the U.S. financial infrastructure, money laundering with virtual currency,” said U.S. Secret Service Assistant Director Jenkins. “The Secret Service continues to adapt along with these cyber criminals to maintain our level of success in stopping them.”
“At this crucial time of unprecedented drug related deaths, one of the greatest threats we face is cyber drug trafficking,” said DEA Special Agent in Charge Hunt. “Because the Darknet invites criminals into our homes, and provides unlimited access to illegal commerce, law enforcement is taking steps to identify and arrest those involved. I applaud all the agencies who participated in this groundbreaking investigation.”
The extensive operation, which culminated in four weeks of more than 100 enforcement actions around the country, resulted in the following:
- Federal arrests of more than 35 Darknet vendors who engaged in tens of thousands of sales of illicit goods;
- Execution of 70 search warrants, resulting in the seizure of massive amounts of illegal narcotics, including 333 bottles of liquid synthetic opioids, over 100,000 tramadol pills, 100 grams of fentanyl, more than 24 kilograms of Xanax, and additional seizures of Oxycodone, MDMA, cocaine, LSD, marijuana, and a psychedelic mushroom grow found in a residence;
- Seizure of more than 100 firearms, including handguns, assault rifles, and a grenade launcher;
- Seizure of five vehicles that were purchased with illicit proceeds and/or used to facilitate criminal activity;
- Seizure of more than $3.6 million in U.S. currency and gold bars;
- Seizure of nearly 2,000 Bitcoins and other cryptocurrencies, with an approximate value of more than $20 million;
- Confiscation of 15 pill presses, which are used to create illegal synthetic opioids; and
- Seizure of Bitcoin mining devices, computer equipment, and vacuum sealers.
Amongst those charged federally, include:
- Joshua Sweet, 26, of Hazleton, Pennsylvania, was charged in a criminal complaint by the U.S. Attorney’s Office for the Middle District of Pennsylvania with possession with intent to distribute controlled substances. Sweet operated an online drug business, obtaining alprazolam, typically sold under the brand name Xanax, LSD, and other substances from foreign sources and selling them on the dark web. At the time of arrest, agents had already seized over 18,000 alprazolam tablets and other controlled substances, 60.65 Bitcoin, and an additional $25,000 in cash. As part of this drug trafficking scheme, Sweet also laundered over $200,000 in bitcoin.
- Antonio Tirado, 26, and Jeffrey Morales, 32, of the Bronx, New York, were arrested on June 18, and separately charged by the U.S. Attorney’s Office for the Southern District of New York with distribution and possession with intent to distribute narcotics, including cocaine, LSD (also known as “acid”), marijuana, and hashish oil. Additionally, Tirado was charged with possession of a firearm in furtherance of his drug trafficking offenses. Following an investigation into a Darknet marketplace vendor using the moniker “Trapgod,” investigators executed search warrants at homes in two residential neighborhoods in the Bronx leading to Tirado and Morales. As alleged in the complaints, during the execution of the search warrants at the Tirado and Morales residences, agents seized controlled substances including powder cocaine, marijuana, and LSD, as well as various precursor powders, liquids, and reagents, and other narcotics-related paraphernalia including marijuana growing equipment, a home chemistry lab, scales, and heat sealing packaging materials. In Tirado’s home, agents recovered a fully loaded shotgun alongside a narcotics stash. Investigators in Tirado’s apartment recovered additional evidence of Darknet narcotics distribution, such as numerous U.S. Postal Service shipping boxes, already addressed to customers around the United States, which boxes contained hairbrushes some of which had already been packed with powder cocaine for distribution.
- Jian Qu, 30; Raymond Weng, 24; and Kai Wu, 22, all of Queens, New York, along with Dimitri Tseperkas, 22, and Cihad Akkaya, 22, of Middle Island and Port Jefferson, New York, respectively, were each arrested on June 18, and charged by the U.S. Attorney’s Office for the Southern District of New York with participation in a conspiracy to distribute more than 1,000 kilograms of marijuana. Tseperkas and Akkaya were also charged with firearms offenses relating to the drug conspiracy. Investigators monitoring Darknet marketplaces found accounts used by some of the conspirators, leading agents to execute search warrants at three addresses in residential communities in Flushing and Mt. Sinai, New York. From the residences, agents recovered approximately $400,000 in U.S. currency, 140 kilograms of suspected marijuana and an additional 10 kilograms of suspected marijuana vape cartridges, 12 kilograms of suspected Xanax pills, over half a kilogram of suspected ecstasy, four pill presses, mixers, and pill press parts, over a dozen kilograms of various powders, packaging materials, and paraphernalia. While searching the residence where Akkaya and Tseperkas were found, investigators recovered three loaded shotguns, including a tactical double-barreled shotgun loaded with 14 shells, and over 50 shotgun shells, as well as significant quantities of narcotics, packaging materials, and paraphernalia including a money-counting machine. Review of electronic evidence recovered from the residences proved the conspirators’ connections to Darknet marketplaces, use of cryptocurrency, and narcotics distribution schemes.
- Ryan Farace, 34, of Reisterstown, Maryland, and Robert Swain, 34, of Freeland, Maryland, were charged by the U.S Attorney’s Office for the District of Maryland related to a scheme to manufacture and distribute alprazolam tablets, which are typically sold under the brand name “Xanax.” The indictment alleges that Farace distributed the drugs through sales on the dark web in exchange for Bitcoin, and that Farace and Swain laundered the drug proceeds through financial transactions designed to conceal the source and ownership of the illegal funds. To date, law enforcement has seized various crypto currency, to include bitcoin, valued at over $22 million at the time of the seizures, and over $1.5 million in cash, which was seized from Farace’s residence upon the execution of a search warrant on Jan. 18. As part of the indictment, the government seeks the forfeiture of no less than $5.665 million, plus the value of 4,000 Bitcoin believed to be the proceeds of the illegal drug sales, two residences, and a vehicle used to facilitate the drug distribution.
- Nicholas J. Powell, 32, and Michael Gonzalez, 27, former and current residents of Parma, Ohio, respectively, were charged by the U.S. Attorney’s Office for the Northern District of Ohio with conspiracy to distribute controlled substances and laundering money using the dark web. The complaint alleges that Powell used various monikers on Darknet marketplaces as part of his criminal scheme, including “TheSource,” “BonnienClyde,” BnC,” “BCPHARMA,” and “Money TS.” The conspiracy operated on multiple Darknet marketplaces, including Silk Road 2, AlphaBay, and HANSA. The conspiracy involved distributing Xanax, steroids, marijuana and other drugs across the country using these and other Darknet monikers. Powell and Gonzalez would then launder the funds as cryptocurrencies such as Bitcoin, Etherium, and Komodo through individuals specializing in money laundering on Darknet marketplaces. At the time of arrest, law enforcement had already seized approximately $437,000 in cryptocurrencies from Powell.
- Jose Robert Porras III, 21, and Pasia Vue, 23, both of Sacramento, were charged with drug distribution, money laundering, and illegally possessing firearms, in a 16-count indictment returned by a grand jury in the Eastern District of California. According to the indictment, Porras and Vue were using the online monikers “Cannabars” and “TheFastPlug,” to distribute marijuana, Xanax, and methamphetamine on various dark web marketplaces, including Trade Route, Wall Street Market, and Dream Marketplace. Porras and Vue then laundered the Bitcoin proceeds of their drug distribution through the HSI undercover agent located in New York. After receiving the Bitcoin from Porras and Vue, the undercover agent mailed parcels of cash to them in Sacramento. HSI and USPIS agents seized nine weapons including an AK-47 magazine and ammunition, 30 pounds of marijuana, $10,000 in U.S. currency, a vehicle, and over 100 bars of Xanax.
- Sam Bent, 32, of St. Johnsbury, Vermont (and formerly of East Burke, Vermont), and his cousin, Djeneba Bent, 26, also of St. Johnsbury (and formerly East Burke) were charged with conspiracy to distribute LSD, MDMA (also known as “ecstasy”), cocaine, and marijuana in an indictment returned by a federal grand jury in the District of Vermont. The indictment alleges that the conspiracy involved setting up accounts on dark web marketplaces, establishing online identities, accepting Bitcoin in exchange for sales over the dark web, and mailing controlled substances from several different post offices in Northeastern Vermont and Northwestern New Hampshire in an effort to avoid detection. The indictment also charges Sam Bent with four counts of money laundering involving three different exchanges of bitcoin drug distribution proceeds for U.S. currency.
- In Fresno, California, a federal grand jury returned an 11-count indictment on May 17, against Daniel Boyd McMonegal, 35, of San Luis Obispo and Mariposa, California, charging him with drug distribution and money laundering in the Eastern District of California. According to the indictment, McMonegal, using the online monikers “Sawgrass,” “Ross4Less,” and “ChristmasTree,” distributed marijuana on various dark web marketplaces, including Dream Market. McMonegal was also the owner of a marijuana delivery service in San Luis Obispo called West Coast Organix, which claimed to be a non-profit medical marijuana cooperative. McMonegal then laundered the Bitcoin proceeds of his drug distribution through an undercover agent located in New York. After receiving the Bitcoin from McMonegal, the undercover agent mailed parcels of cash to McMonegal in San Luis Obispo and Mariposa.
More than 50 Darknet vendor accounts were identified and attributed to the real individuals selling illicit goods on Darknet market sites such as Silk Road, AlphaBay, Hansa, Dream, and others. HSI-New York Field Division and MLARS coordinated with law enforcement and federal prosecutors to investigate 65 targets identified by the undercover operation in more than 50 Federal districts, including: the District of Arizona, the Eastern District of Arkansas, the Western District of Arkansas, the Central District of California, the Eastern District of California, the Northern District of California, the Southern District of California, the District of Colorado, the District of Connecticut, the Middle District of Florida, the Northern District of Florida, the Southern District of Florida, the Northern District of Iowa, the District of Kansas, the District of Maryland, the Eastern District of Michigan, the District of Minnesota, the Eastern District of North Carolina, the Western District of North Carolina, the District of New Hampshire, the Northern District of New York, the Southern District of New York, the Western District of New York, the District of North Dakota, the Northern District of Ohio, the Southern District of Ohio, the District of Oregon, the Eastern District of Pennsylvania, the Middle District of Pennsylvania, the District of South Carolina, the District of South Dakota, the Eastern District of Texas, the Northern District of Texas, the Southern District of Texas, the Western District of Texas, the District of Utah, the Eastern District of Virginia, the District of Vermont, the Eastern District of Washington, and the Western District of Washington. FBI was part of the investigative team in the Northern District of California.
The investigation is ongoing.
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Allentown Man Charged with Defrauding the Government, Theft of Government Funds, and Aggravated Identity TheftRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury indicted Julio Polanco Suarez, age 41, of Allentown, Pennsylvania, with conspiring to defraud the government, theft of government money, and aggravated identity theft. The indictment was returned on April 10, 2018, but remained under seal until Suarez’s apprehension.
According to United States Attorney David J. Freed, the indictment charges Suarez with conspiring to defraud the government between March 1, 2009 and September 20, 2016. The government money and identity theft charges are alleged to have occurred in Luzerne County, Pennsylvania, on September 20, 2016.
The indictment alleges that Suarez’s coconspirators stole individuals’ identities, used them to prepare and file false tax returns, and obtained the refund checks issued by the U.S. Treasury pursuant to those false tax returns. Suarez 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. Suarez and his coconspirators are charged with cashing $522,613.80 in fraudulently obtained Treasury checks, and attempting to cash an additional $41,401.57 worth of checks.
The case was investigated by the Department of the Treasury’s Office of the Inspector General, the Internal Revenue Service Criminal Investigation, 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 charge carries 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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Hazleton Man Sentenced to 262 Months’ Imprisonment for Shooting and Killing Another Man During A Drug DealRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on June 21, 2018, United States District Court Judge James M. Munley sentenced Christian Rosado to 262 months’ imprisonment on the federal charge of unlawfully possessing and discharging a firearm in furtherance of drug trafficking.
According to United States Attorney David J. Freed, on July 9, 2016, Rosado, age 28, was selling marijuana in Hazelton and a shootout with a customer ensued. Rosado fired his .40 caliber Glock handgun multiple times and killed the drug customer. Rosado was arrested the following day at the hospital where he was being treated for a gunshot wound. Under federal law, Rosado’s possession of the firearm in furtherance of drug trafficking is a federal offense.
The investigation was conducted by the Federal Bureau of Investigation and the Luzerne County District Attorney’s Office. Assistant United States Attorney Evan Gotlob 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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Six Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that six previously deported aliens were indicted separately on June 20, 2018, by a federal grand jury for illegal re-entry into the United States.
According to United States Attorney David J. Freed, Jose Morales-Garcia, age 24, of Mexico, was previously deported from the United States to Mexico in September 2010. He is alleged to have illegally re-entered the United States sometime after September 2010, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Erickson Perez-Molina, age 24, of Mexico, was previously deported from the United States to Mexico in October 2014. He is alleged to have illegally re-entered the United States sometime after October 2014, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Rudy Cardona-Aldana, age 26, of Honduras, was previously deported from the United States to Honduras in July 2016. He is alleged to have illegally re-entered the United States sometime after July 2016, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Juan Lopez-Munoz, age 44, of Mexico, was previously deported from the United States to Mexico in February 2011, November 2013, and 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 Columbia County, Pennsylvania after eluding examination or inspection by immigration officers.
Jonathan Paredez-Perez, age 24, of Guatemala, was previously deported from the United States to Guatemala in April 2013 and January 2018. He is alleged to have illegally re-entered the United States sometime after January 2018, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Eleazar Catalan-Martinez, age 23, of Mexico, was previously deported from the United States to Mexico in May 2018. He is alleged to have illegally re-entered the United States sometime after May 2018, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Morales-Garcia, Perez-Molina, Cardona-Aldana, Lopez-Munoz, Paredez-Perez, and Catalan-Martinez 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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York Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Fernandino Rodriguez-Colon, age 39, of York, Pennsylvania, was indicted on June 13, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the six count indictment alleges that Rodriguez-Colon distributed and possessed with intent to distribute cocaine base, commonly known as crack cocaine, heroin and marijuana on separate occasions in January and February 2018 in York, Pennsylvania. The indictment also alleges Rodriguez-Colon, a prohibited person, possessed a stolen Remington .45 caliber pistol in furtherance of his drug trafficking activities. The indictment also gives notice of the Government’s intent to forfeit all assets connected with the drug trafficking crimes.
This case was investigated by the York County Drug Task Force with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each of the drug trafficking offenses is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession of a stolen firearm and possession of a firearm by a previously convicted felon is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for possession of a firearm in furtherance of drug trafficking 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 Man Pleads Guilty to Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dickson Gutierrez, age 43, of Scranton, Pennsylvania, pleaded guilty on June 12, 2018, before Senior United States District Court Judge James M. Munley to possession with intent to distribute cocaine.
According to United States Attorney David J. Freed, Gutierrez admitted to possessing between 300 and 400 grams of cocaine for further distribution. The charge stems from an investigation, conducted in August 2017, in which police made two purchases of cocaine from Gutierrez and then obtained a search warrant for Gutierrez’s residence and vehicle, both located on Hampton Street in Scranton, and seized additional amounts of cocaine as well as $10,275 in cash.
Judge Munley ordered a presentence investigation to be completed. Sentencing will be scheduled at a later date.
Gutierrez was indicted by a grand jury in October 2017, as a result of an investigation by the Drug Enforcement Administration, the Pennsylvania State Police and the Scranton 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 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.
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Monroe County Man Sentenced to 87 Months in Prison on Drug Trafficking and Gun ChargesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Laurence Cadogan, age 33, of Stroudsburg, Pennsylvania, was sentenced on June 18, 2018, by U.S. District Court Judge Malachy E. Mannion to serve 87 months’ imprisonment for heroin trafficking and unlawfully possessing a firearm in furtherance of heroin trafficking.
According to United States Attorney David J. Freed, Cadogan previously pleaded guilty to possessing with intent to distribute between 60 grams and 80 grams of heroin and unlawfully possessing two firearms in furtherance of drug trafficking. The crimes occurred on October 26, 2016, in Tannersville. Police and federal agents seized more than 3,000 bags of heroin and two loaded firearms during the investigation. Cadogan was ordered by Judge Mannion to forfeit the two firearms seized by agents.
Judge Mannion also ordered Cadogan to serve three years on supervised release following his prison sentence.
Cadogan was indicted by a grand jury in February 2017. The charges against Cadogan resulted from an investigation by the Drug Enforcement Administration (DEA) and the Stroud Area Regional Police Department. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
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Monroe County Man Guilty of Sex Trafficking and Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jamiell Sims, age 29, of East Stroudsburg, Pennsylvania pleaded guilty on June 18, 2018, before U.S. District Court Judge Malachy E. Mannion, to participating in a sex trafficking conspiracy that involved using threats and coercion to force women to engage in prostitution in the Monroe County area between 2011 and 2014. Sims also pleaded guilty to distributing heroin on four occasions in Monroe County during September-October 2016.
According to United States Attorney David J. Freed, Sims admitted to being a member of the Black P-Stones, a street gang that engaged in sex trafficking and drug trafficking in the Stroudsburg area. Sims admitted that he and other members of the P-Stones sex trafficked at least four women. Those women were advertised on websites and provided with hotel and motel rooms to engage in commercial sex acts with customers.
Those women were threatened, physically assaulted, and provided drugs by members of the gang to persuade them to engage or continue to engage in prostitution. Virtually all of the money earned by the prostitutes was turned over to the gang leaders, and the prostitutes were compensated with illegal drugs, including heroin and Percocet. Sims admitted to providing security for prostitution activities, collecting money from the prostitutes, and providing drugs to the prostitutes.
Sims also admitted distributing heroin on four occasions between September 19, 2016 and October 6, 2016.
Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing for Sims will be scheduled at a later date.
Sims was indicted along with two other people by a federal grand jury in January 2018, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, the Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County. Assistant U.S. 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.
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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Luzerne County Woman Sentenced to 28 Months in Prison for Participating in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brandy Carey Malinosky, age 42, of Pittston Township, was sentenced on June 12, 2018, to 28 months’ imprisonment and to serve four years on supervised release by Senior U.S. District Court Judge James M. Munley, for her role in a heroin trafficking conspiracy that operated in Luzerne County during February through November 2014.
According to United States Attorney David J. Freed, Malinosky previously pleaded guilty to conspiracy to possess with intent to distribute more than 100 grams of heroin. Malinosky admitted to distributing heroin on a daily basis for Desmond Mercer, the leader of the drug conspiracy. Malinosky distributed between 100 and 400 grams of heroin for Mercer, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.
Mercer previously pleaded guilty to heading-up the drug conspiracy and was sentenced to 14 years’ imprisonment.
Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years’ imprisonment for their roles in the conspiracy. Another member of the drug ring, Antuan Jamison, was sentenced to five years’ imprisonment.
Malinosky was indicted by a federal grand jury in February 2016, as a result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Luzerne County District Attorney’s Office, and Kingston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 Man Charged with Possession of A Firearm in Furtherance of Drug TraffickingRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Demarius Hawkins, age 27, of Harrisburg, Pennsylvania, was indicted on June 6, 2018, by a federal grand jury on firearms and drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that between April 13, 2017 and January 23, 2018, Hawkins distributed cocaine base and heroin in Dauphin County. It is further alleged that on November 21, 2017, Hawkins unlawfully possessed a Jimenez Arms, 9-MM handgun in furtherance of drug trafficking.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania Attorney General’s Office, and the Harrisburg Police Department. 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.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law 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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Kingston Man Convicted of Drug TraffickingRead the Press Release
WILKES BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gethro Mondelice, age 38, formerly of Kingston, Pennsylvania, was convicted on June 6, 2018, for distribution of cocaine on three different occasions. After a two-day jury trial held before United States District Court Judge A. Richard Caputo, the jury returned the guilty verdict after three-and-a-half hours of deliberation.
The jury also found Mondelice not guilty of a charge of possession of a firearm in furtherance of drug trafficking.
According to United States Attorney David J. Freed, Mondelice sold cocaine to a confidential informant on July 29, 31 and August 4, 2015, in Kingston. On August 5, the Kingston Police Department executed a search warrant and recovered cocaine, drug scales and more than $1,500, which included marked money from the July 31 and August 4 drug sales, from the defendant’s bedroom.
A sentencing date has not yet been scheduled.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and the Luzerne County Drug Task Force. Assistant United States Attorneys Evan Gotlob and Sean A. Camoni prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 this offense is 20 years’ imprisonment, a term of lifetime 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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Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
Largest Increase in AUSAs in Decades Allocates [3] Prosecutors to the Middle District of Pennsylvania to Focus on Violent Crime, Civil Enforcement, and Immigration Crimes
HARRISBURG – Attorney General Jeff Sessions and U.S. Attorney David J. Freed for the Middle District of Pennsylvania announce that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
In the Middle District of Pennsylvania, one of these AUSAs will focus on violent crime, one on affirmative civil enforcement, and one on litigation involving illegal immigrants challenging their detention status.
“In the Middle District of Pennsylvania we are excited and energized that Attorney General Sessions and his team have recognized that our hard work in these focus areas merits additional resources,” said United States Attorney Freed. “We are laser focused on working with all of our federal, state and local partners in the fight to reduce violent crime. We are taking a strong stand against fraud stemming from the opioid crisis including overprescribing and treatment scams, consistent with the Attorney General’s mandate to reduce opioid related deaths, and working hard to uphold the integrity of our borders by focusing on recidivist illegal immigrants. We are looking forward to welcoming new members to our team.”
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NEPA Doctor Found Guilty of Drug Distribution Resulting in Death, Money Laundering and Tax ChargesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Dr. Fuhai Li, age 53, of Milford, was found guilty of unlawfully prescribing oxycodone and other opioids to 23 former patients, including a Honesdale woman who died as a result of using the pills. Dr. Li faces a mandatory 20-year prison sentence for causing the woman’s death.
According to United States Attorney David J. Freed, the jury also convicted Dr. Li of unlawfully prescribing oxycodone to a pregnant woman outside the usual course of medical practice and not for a legitimate medical purpose. That woman gave birth to an opioid-dependent baby 11 days after Dr Li prescribed her 120 oxycodone 30 milligram tablets. A neo-natal specialist testified that the baby spent ten days in intensive care withdrawing from the oxycodone prescribed to his mother by Dr Li.
During the five-week trial before Senior U.S. District Court Judge A. Richard Caputo, prosecutors from the U.S. Attorney’s Office presented the testimony of 19 former patients and three former employees of Dr. Li, eight pharmacists, three other physicians, an expert on pain management, the medical records for 39 former patients of Dr Li, and the testimony of federal law enforcement agents and investigators from the Drug Enforcement Administration (DEA) and its Diversion Division, and Internal Revenue Service (IRS) special agents.
Li owned and operated the Neurology and Pain Management Center in Milford, Pike County, Pennsylvania. Li was a physician licensed by the Commonwealth of Pennsylvania and authorized to prescribe Schedule II controlled substances for legitimate medical purposes and in the usual course of professional practice.
The jury found that Dr Li repeatedly prescribed oxycodone and other opioids outside the usual course of medical practice and not for a legitimate medical purpose.
Former patients testified that Dr Li repeatedly prescribed them high doses of oxycodone and other opioids every month over several years without performing medical examinations and without verifying their prior medical treatment.
Evidence was presented that Dr Li repeatedly falsified patient medical records and made material omissions in those records in an effort to legitimize the unlawful prescriptions.
Prosecutors presented evidence that between August 2011 and January 2015, Dr. Li wrote 26,985 prescriptions for Schedule II controlled substances, 99.37% of which were written for opioids. This included 18,115 prescriptions for oxycodone, of which 12,129 were written for oxycodone 30 milligrams, the highest dosage available in short acting oxycodone. Other opioids frequently prescribed by Dr. Li included methadone, OxyContin, hydrocodone and hydromorphone.
Former patients testified that they became dependent and addicted to opioids as a result of Dr. Li’s prescriptions. Evidence also established that Dr. Li prescribed high dose opioids to patients who he knew had recently completed drug rehabilitation and detoxification programs, resulting in those patients becoming addicted again to opioid pain medication.
Several former patients testified that they earned money by selling drugs prescribed for them by Dr. Li and used part of the money to buy heroin to support their own addiction. Some of those former patients also subsequently sold heroin on the streets of Pennsylvania and New Jersey.
One former female patient testified that she had sex with Dr Li on almost every visit to his office during a four-year time period. Dr Li prescribed that patient high doses of various opioids for approximately four years. Two additional former female patients testified to inappropriate sexual conduct by Dr Li during office visits.
The jury also convicted Dr. Li of using two medical offices for the purpose of unlawfully prescribing opioids. Dr. Li’s first medical office was located at 104 Bennett Avenue in Milford, and the second office was located at 200 3rd Street in Milford.
DEA agents and investigators executed search warrants at Dr Li’s Milford office and his residences in Milford and East Stroudsburg on January 29, 2015. Agents seized electronic medical records from Dr Li’s office, and seized more than $1 million in cash, which was hidden under beds and in closets in his residences. Evidence at trial showed that many of Dr Li’s patients paid cash for visits, drug screens, office tests, and injections.
The money laundering convictions related to Dr Li’s use of criminal proceeds to pay off the mortgage on his East Stroudsburg residence on November 19, 2012, and to purchase his 200 3rd Street, Milford office on August 29, 2013. Dr Li had $385,572.05 wired from a bank account funded in part by criminal proceeds to pay off the mortgage on the East Stroudsburg residence. He subsequently withdrew $158,699.30 from a bank account funded in part by criminal proceeds to purchase the Milford office.
Dr Li was also convicted of tax evasion for the tax years 2011, 2012, and 2013. An IRS agent testified that Dr Li underreported his taxable income for those years by more than $800,000.
After the jury’s verdict, prosecutors asked that Dr. Li be immediately detained pending sentencing. Judge Caputo released Dr. Li under conditions, which include electronic monitoring by the U.S. Probation Office. U.S. Attorney Freed intends to appeal the release order.
The jury’s verdict also included the forfeiture to the United States of $1,030,960 in cash that was seized from Dr Li’s two residences; $1,036,079.36 seized from various bank accounts; real property located at 200 3rd Street, Milford (Dr Li’s medical office); and real property located at 4005 Milford Landing Drive, Milford.
“Dr. Li’s criminal conduct and actions were reprehensible, as shown by the jury’s verdict on all of the charges,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “My office will continue to work vigorously with all of our law enforcement partners and the U.S. Attorney’s Office to address the opioid epidemic that is gripping our region and nation at large. The investigation and arrest of rogue registrants who choose to betray their oath and professional obligation is a key part of the DEA’s mission to address this crisis.”
"Fuhai Li’s attempt to evade taxes by hiding income and filing false returns was a theft from the American public,” said IRS-CI Special Agent in Charge Guy Ficco. “Today Fuhai Li has been held accountable for his actions.”
The four-year long investigation in this case was conducted by the Drug Enforcement Administration (DEA) and its Diversion Division, the Internal Revenue Service’s Criminal Investigation Division, and the Pike County District Attorney’s Office. Assistant U.S. Attorneys Michelle Olshefski, Francis P. Sempa, and Evan Gotlob prosecuted the case.
This case was prosecuted as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit opioid trafficking offenses.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime, including violent crime caused by drug trafficking, and to make 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.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. The drug distribution resulting in death charge also carries a mandatory minimum penalty of 20 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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Harrisburg Woman Pleads Guilty to Tax FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenyatta Canidate, age 36, of Harrisburg, Pennsylvania, pled guilty on May 29, 2018, before Chief United States District Court Judge Christopher C. Conner to filing false federal income tax returns.
According to United States Attorney David J. Freed, Canidate was charged in a criminal information on May 4, 2018, with filing false federal income tax returns. Canidate filed six false tax returns on her own behalf and filed 41 false tax returns on behalf of acquaintances. The acquaintances paid Canidate $100 for each bogus return she filed on their behalf. The total tax loss to the IRS resulting from Canidate’s fraudulent conduct was approximately $138,000.
The case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Joseph J. Terz is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five 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.
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Mexican National Charged with Passport FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Leticia Corona Salazar, age 39, a Mexican national, was indicted for committing passport fraud. The indictment was returned on March 17, 2015, but remained under seal until her apprehension on May 24, 2018.
According to United States Attorney David J. Freed, the indictment alleges that Salazar provided false information in an attempt to obtain a United States passport on May 29, 2008. The indictment also alleges that Salazar provided a false name, date of birth, and social security number in the passport application.
The case was investigated by Homeland Security Investigations and by the Internal Revenue Service Criminal Investigation. Assistant United States Attorneys William Houser and Phillip J. Caraballo are prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the charge is up to 10 years 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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Former Carlisle Diner Owner Sentenced to One Year and One Day Imprisonment for Income Tax EvasionRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Atef Hussein, age 48, of Hagerstown, Maryland, former owner/operator of the Fairground Diner in Carlisle, Pennsylvania, was sentenced today to one year and one day imprisonment by United States District Court Judge John E. Jones III, for income tax evasion.
According to United States Attorney David J. Freed, Hussein understated income and taxes due, resulting in false income tax returns for tax years 2011 through 2015 causing a tax loss of approximately $139,293.
Judge Jones ordered Hussein to pay $139,293 in restitution to the Internal Revenue Service.
“Crimes such as tax evasion directly impact our shared obligation as citizens to support vital government services,” said United States Attorney Freed. “I commend our partners at IRS Criminal Investigation and Assistant U.S. Attorney James Clancy for their diligence in pursuing this case.”
“Taxpayers thinking about participating in fraudulent tax schemes, including failing to report all forms of income, should stop in their tracks and simply look at the consequences of taking the next step,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “Those consequences include going to prison, being branded a convicted felon for the rest of their lives, and paying back all the taxes owed plus steep penalties and interest.”
The case was investigated by the Internal Revenue Service Criminal Investigation. Assistant United States Attorney James T. Clancy prosecuted the case.
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