FEDERAL DISTRICT ARCHIVE
Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Kutztown Man Charged with Sex Trafficking A Minor and Drug TraffickingRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Willie James Johnson, age 57, of Kutztown, Pennsylvania, was indicted on March 28, 2018, by a federal grand jury for sex trafficking of a minor and drug trafficking.
According to United States Attorney David J. Freed, the indictment alleges that from September 2014 to October 2015, Johnson trafficked a minor in York County for commercial sex acts. The indictment also alleges that between January 2013 and October 2017, Johnson distributed and possessed with the intent to distribute heroin in York County.
This matter was investigated by the Federal Bureau of Investigation and the Northern York Regional Police Department. Assistant U.S. Attorney Chelsea Schinnour 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.
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."
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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United States Reaches Settlement with Cumberland County on ADA ProceduresRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced a settlement with Cumberland County under Title II of the Americans with Disabilities Act (ADA) for the County to identify an ADA Coordinator; to provide notice to those with disabilities on how to contact the ADA Coordinator; to establish an ADA grievance procedure; and to make its website more accessible to those with disabilities.
According to United States Attorney David J. Freed, the United States Attorney’s Office received a complaint from an individual with a disability that Cumberland County did not have a process by which the disabled could request accommodations or file complaints of inaccessibility, and the County did not have an ADA coordinator. After an investigation, with the County’s complete cooperation, the United States Attorney’s Office found that the complaint had merit.
Under the terms of the agreement, the County has named Holly Sherman as ADA Coordinator. The County will post on its Internet Home Page and in conspicuous locations in its public buildings notices that individuals who request accommodations and have complaints of inaccessibility should direct those issues to the ADA Coordinator. The notice must post an address, phone number, and email of the coordinator. The agreement also requires that the County establish an ADA Grievance Procedure and develop procedures to make the County’s webpages more accessible to those with disabilities.
“This agreement demonstrates Cumberland County’s commitment to ensuring that individuals with disabilities will have an equal opportunity to access and participate in the County’s government programs,” said U.S. Attorney David J. Freed. “With an ADA Coordinator, individuals with disabilities will now have a person in the County who can answer their questions, accept accommodations requests, and receive their complaints.”
This investigation was handled by Assistant United States Attorney Michael J. Butler. Those interested in finding out more about the ADA can access the ADA website at www.ada.gov.
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East Stroudsburg Man Sentenced to 27 Months’ Imprisonment for Assaulting and Fleeing from Federal Park RangersRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Judge James Munley sentenced Damari Roulhac, age 26, of East Stroudsburg, Pennsylvania, to 27 months’ imprisonment and two years of supervised release, for one count assaulting a United States Park Ranger, and one count for fleeing from United States Park Rangers. Roulhac was convicted on September 26, 2017, following a two-day jury trial before United States District Court Judge James M. Munley.
According to United States Attorney David J. Freed, the evidence presented during the trial showed that on the evening of July 1, 2016, United States Park Rangers patrolling the Delaware Water Gap National Recreation Area encountered Roulhac and ordered him to stop his vehicle. Roulhac refused to obey the Rangers’ instructions and accelerated his vehicle towards one of the Rangers, causing him to jump out of the way. When the Ranger then attempted to detain Roulhac, he accelerated again, striking the Ranger with the vehicle while fleeing the scene of the incident.
Roulhac was able to evade apprehension on July 1, 2016. However, Rangers tracked him down days later, at the Pike County Courthouse, when Roulhac was sentenced for an unrelated DUI conviction.
The case was investigated by Rangers from the National Park Service. Assistant United States Attorneys Phillip Caraballo and Evan Gotlob prosecuted the case.
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Williamsport Man Sentenced to Nine Year’s in Prison for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Morris Smith, age 35, of Williamsport, Pennsylvania, was sentenced to nine years’ imprisonment on March 21, 2018, by United States District Court Judge Matthew W. Brann for possession with intent to distribute cocaine.
According to United States Attorney David J. Freed, Smith pled guilty to possessing more than 28 grams of cocaine base, or “crack,” along with a quantity of cocaine with the intent to distribute the narcotics in the Williamsport area. Smith was arrested in March 2016 in Williamsport following a vehicle and foot pursuit that began when Smith fled a routine traffic stop. Williamsport police recovered over 150 grams of powder cocaine and 74 grams of crack, along with a loaded 9mm handgun, from the trunk of the car Smith drove while attempting to elude police. Those quantities amount to more than 400 individual doses of crack and 900 doses of powder cocaine.
Judge Brann considered Smith’s lengthy criminal history when imposing the sentence, specifically noting two prior federal convictions for drug trafficking and escape.
The investigation was conducted the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Williamsport Bureau of Police. Assistant United States Attorney Sean A. Camoni prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Williamsport Man Indicted on Drug Trafficking and Firearms ChargesRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kenneth Sharif Johnson, age 27, of Williamsport, Pennsylvania, was indicted on March 22, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Johnson, a convicted felon, illegally possessed three stolen handguns on June 18, 2016 and that from January 2015 through June 2016, Johnson possessed with the intent to distribute over 28 grams of crack cocaine and a detectable amount of heroin.
The three-count indictment charges Johnson with one count each of possession of a firearm by a convicted felon and receiving stolen firearms and a separate count of possession with intent to distribute crack cocaine and heroin.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the South Williamsport Police Department. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments 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 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Luzerne County Man Sentenced to 27 Months in Prison for Role in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Cleveland Linder, age 33, of Plymouth, was sentenced on March 23, 2018, by Senior U.S. District Court Judge James M. Munley to serve 27 months in prison for his role in a heroin trafficking conspiracy that operated in Luzerne County during 2014.
According to United States Attorney David J. Freed, Linder previously pleaded guilty to conspiring with others to distribute heroin. Linder admitted to being involved in the distribution of more than 60 grams and less than 80 grams of heroin, which is equivalent to between 2,500 and 3,300 retail bags of heroin.
Judge Munley also ordered Linder to serve three years on supervised release following his prison sentence.
The investigation resulted in the arrest of ten people connected to the drug ring, all of whom pleaded guilty. Desmond Mercer, the leader of the conspiracy, was sentenced to 14 years in prison. Two key associates, Shaquan Murphy and Shaliek Stroman, were each sentenced to 12 ½ years in prison. Another member of the drug ring, Antoine Jamison, received a five-year prison sentence. Omar Bell, another member of the drug ring, was recently sentenced to 52 months in prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Pennsylvania State Police, and Kingston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Hazleton Men Indicted for Trafficking Heroin and Crystal MethamphetamineRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Daniel Silvestre-Ubri a/k/a Joel DeJesus-Marquez, a/k/a Mayor, age 38, and Willis De La Rosa, a/k/a Joey Reyes Arroyo, a/k/a Willie, age 32, both of Hazleton, Pennsylvania, were indicted by a federal grand jury on May 17, 2016, for drug trafficking offenses. The indictment remained under seal until both defendants were apprehended, De La Rosa in June 2016 and Silvrestre-Ubri in March 2018. Both men were detained following their initial appearances before the court.
According to United States Attorney David J. Freed, the indictment charges Silvestre-Ubri and De La Rosa with conspiring to distribute heroin and in excess of 500 grams of crystal methamphetamine from February through April 2016. The indictment also charges Silvestre-Ubri with distributing heroin and crystal methamphetamine on March 24, 2016.
The case was investigated by Homeland Security Investigations, the Pennsylvania Office of the Attorney General and the Pennsylvania State Police. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case 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.
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 penalties under federal law for the most serious offenses are a minimum of 10 years and a maximum of life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pennsylvania Man Charged with Illegally Exporting Firearm Parts to IraqRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today the unsealing of an indictment charging Ross Roggio, age 49, of Stroudsburg, Monroe County, Pennsylvania, and Roggio Consulting Company, LLC, a firm with which Ross Roggio was associated, for alleged involvement in a conspiracy to illegally export firearm parts, firearm manufacturing tools, and “defense services,” including items used to manufacture M4 rifles, from the United States to Iraq, in violation of the Arms Export Control Act and the International Emergency Economic Powers Act.
According to U.S. Attorney David J. Freed, the indictment charges Ross Roggio and Roggio Consulting Company, LLC with criminal conspiracy, illegal export of goods, wire fraud, and money laundering. Pursuant to regulations of the U.S. Department of Commerce, a license is required to export certain goods and services from the United States to Iraq for reasons of regional stability and national security. Similarly, defense services and defense articles may not be exported to Iraq without a license from the U.S. Department of State.
The indictment alleges that, beginning in January of 2013 until the date of the indictment, Ross Roggio conspired to export both items and services from the United States to Iraq, without the required U.S. Commerce Department and U.S. State Department licenses. The conspirators allegedly purchased firearms parts and manufacturing tools from the United States, illegally exported the items to Iraq where the items were utilized and incorporated in the manufacture and assembly of complete firearms in a firearms manufacturing plant constructed and operated in part by Ross Roggio. It is alleged that the items illegally exported included: M4 Bolt Gas Rings MIL; Firing Pin Retainers; Rifling Combo Buttons, and “defense services.” The defense services allegedly provided by Ross Roggio and his firm include the furnishing of assistance to foreign persons in the manufacture of firearms.
In addition to the charges relating to export controls violations, the indictment also alleges that Ross Roggio and his firm committed wire fraud on at least three occasions by purchasing items from a United States company and providing said company with false information about the end-user of the items. Finally, the indictment charges Ross Roggio and his firm with 27 counts of money laundering in the form of bank transfers from Iraq to two accounts within the Middle District of Pennsylvania, in furtherance of their unlawful export conspiracy.
“The conduct alleged in this indictment directly violates laws enacted to keep our nation secure,” said United States Attorney Freed. “We commend the FBI, HSI and Department of Commerce for their outstanding efforts in this complicated international case. We will not allow anyone to put profits above our security, at home or abroad.”
“The Office of Export Enforcement vigorously pursues violators of our nation’s export control laws, which are in place to further and protect our national security and foreign policy. As in this instance, we work closely with our colleagues at the FBI and HSI and other agencies in prosecuting this case,” said Jonathan Carson, Special Agent in Charge, U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, New York Field Office.
"U.S. export controls are in place to keep our nation's most sensitive military and defense technologies from falling into the wrong hands," said Marlon V. Miller, special agent in charge of HSI Philadelphia. "One of HSI's highest priorities is to prevent the illicit procurement and proliferation of export-controlled military and defense commodities in violation of United States law."
"As alleged, this defendant brazenly flouted U.S. arms export controls enacted in the interests of our national security, and international stability," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "It suggests an all too familiar attitude: in the face of an illegal, but very lucrative, plan -- laws be damned."
The case is being prosecuted by Assistant U.S. Attorney Todd K. Hinkley for the Middle District of Pennsylvania, and Trial Attorneys Scott Claffee and Heather Alpino, of the National Security Division, Counterintelligence and Export Control Section.
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 combined maximum penalty under federal law for these offenses is 705 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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Pennsylvania Man Charged with Illegally Exporting Firearm Parts to IraqRead the Press Release
An indictment was unsealed today charging Ross Roggio, 49, of Stroudsburg, Pennsylvania, and Roggio Consulting Company, LLC, a firm with which Ross Roggio was associated, for alleged involvement in a conspiracy to illegally export firearm parts, firearm manufacturing tools, and “defense services,” including items used to manufacture M4 rifles, from the United States to Iraq, in violation of the Arms Export Control Act and the International Emergency Economic Powers Act.
Assistant Attorney General for National Security John C. Demers; U.S. Attorney David J. Freed of the Middle District of Pennsylvania; Special Agent in Charge Jonathan Carson of the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, New York Field Office; and said Special Agent in Charge Marlon V. Miller of Homeland Security Investigations Philadelphia Office made the announcement.
The indictment charges Ross Roggio and Roggio Consulting Company, LLC with criminal conspiracy, illegal export of goods, wire fraud and money laundering. Pursuant to regulations of the U.S. Department of Commerce, a license is required to export certain goods and services from the United States to Iraq for reasons of regional stability and national security. Similarly, defense services and defense articles may not be exported to Iraq without a license from the U.S. Department of State.
The indictment alleges that, beginning in January of 2013 until the date of the indictment, Ross Roggio conspired to export both items and services from the United States to Iraq, without the required U.S. Commerce Department and U.S. State Department licenses. The conspirators allegedly purchased firearms parts and manufacturing tools from the United States, illegally exported the items to Iraq where the items were utilized and incorporated in the manufacture and assembly of complete firearms in a firearms manufacturing plant constructed and operated in part by Ross Roggio. It is alleged that the items illegally exported included: M4 Bolt Gas Rings MIL; Firing Pin Retainers; Rifling Combo Buttons, and “defense services.” The defense services allegedly provided by Ross Roggio and his firm include the furnishing of assistance to foreign persons in the manufacture of firearms.
In addition to the charges relating to export controls violations, the indictment also alleges that Ross Roggio and his firm committed wire fraud on at least three occasions by purchasing items from a United States company and providing said company with false information about the end-user of the items. Finally, the indictment charges Ross Roggio and his firm with 27 counts of money laundering in the form of bank transfers from Iraq to two accounts within the Middle District of Pennsylvania, in furtherance of their unlawful export conspiracy.
The combined maximum penalty under federal law for these offenses is 705 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Any sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
This case is being prosecuted by Assistant U.S. Attorney Todd K. Hinkley for the Middle District of Pennsylvania, and Trial Attorneys Scott Claffee and Heather Alpino of the National Security Division’s Counterintelligence and Export Control Section.
Brooklyn Man Sentenced to 52 Months in Prison for Role in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Omar Bell, age 34, of Brooklyn, New York, was sentenced on March 22, 2018, by Senior U.S. District Court Judge James M. Munley to serve 52 months in prison for his role in a heroin trafficking conspiracy that operated in Luzerne County during 2014.
According to United States Attorney David J. Freed, Bell previously pleaded guilty to conspiring with others to distribute more than 100 grams of heroin, which is equivalent to more than 4,000 retail bags of heroin.
Judge Munley also ordered Bell to serve four years on supervised release following his prison sentence.
The investigation resulted in the arrest of ten people connected to the drug ring, all of whom pleaded guilty. Desmond Mercer, the leader of the conspiracy, was sentenced to 14 years in prison. Two key associates, Shaquan Murphy and Shaliek Stroman, were each sentenced to 12 ½ years in prison. Another member of the drug ring, Antoine Jamison, received a five-year prison sentence.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Pennsylvania State Police, and Kingston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Wilkes-Barre Man Charged with Drug Distribution Resulting in DeathRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Brew, age 38, of Wilkes-Barre, Pennsylvania, was indicted on March 20, 2018, by a federal grand jury with drug distribution resulting in death. The indictment was unsealed yesterday following Brew’s initial appearance before United States Magistrate Judge Karoline Mehalchick.
According to United States Attorney David J. Freed, the indictment alleges that on January 13, 2018, Brew distributed a mixture of heroin and fentanyl which caused the death of an individual who used the substance.
The case was investigated by the Federal Bureau of Investigation (FBI) and the Wilkes-Barre City Police Department. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. 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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Philadelphia Woman Sentenced to 10 Years in Prison for Conspiring to Distribute Heroin and CocaineRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Suheidy Soto-Concepcion, age 33, of Philadelphia, Pennsylvania, was sentenced on March 20, 2018, to 10 years’ imprisonment by U.S. District Court Judge John E. Jones, III, for conspiring to distribute heroin in Lebanon County.
According to United States Attorney David J. Freed, the two-year investigation by the Drug Enforcement Administration and the Lebanon County Drug Task Force culminated with the execution of search warrants at 513 Arnold Street and 443 North 6th Street, in Lebanon, Pennsylvania, on May 14, 2015. During the search at 513 Arnold Street, law enforcement agents discovered a “heroin mill” where kilogram amounts of heroin were being processed on a weekly basis. The investigation revealed that Julio Aviles, Sr., a previously convicted drug dealer, owned and operated the heroin mill and employed a network of sellers, packagers, brokers and testers to conduct this illegal enterprise. All together 13 individuals were charged. Soto-Concepcion’s role was to supervise the packaging operation. Packagers were paid approximately $500 a week like factory workers to process and package the heroin for later distribution. The testers operated as quality assurance inspectors to ensure the heroin was of sufficient quality. At the time of the searches, law enforcement agents found over 400 grams of heroin, over 85 grams of cocaine powder, and over 71 grams of crack cocaine. A kilogram of heroin, which weighs approximately 2.2 pounds is equivalent to approximately 40,000 to 50,000 individual doses of heroin, any one of which can be fatal depending on its purity and the nature of its other ingredients. In this case the evidence established that the drug trafficking organization was mixing the heroin with Fentanyl, morphine, oxycodone and Lidocaine. Law enforcement agents estimated that this drug operation was distributing heroin, crack cocaine, and cocaine for a two-year period and during the last few months was distributing kilogram quantities of heroin, crack cocaine and cocaine powder. The value of the drugs distributed has a conservative street value of between $3 million and $5 million.
Located in the processing room were over 52,000 small Ziploc style bags, 37,000 small glassine bags and over 28,000 rubber bands that are used to package controlled substances. Each rubber band was used to package ten individual bags of heroin, called a bundle.
Law enforcement also located three handguns, ten rifles, six shotguns and paraphernalia consistent with a large-scale drug trafficking operation. During the search at 443 North 6th Street, law enforcement officers located additional quantities of heroin, cocaine powder, and crack cocaine along with drug packaging materials.
The investigation was conducted by the Drug Enforcement Administration, Lebanon County Drug Task Force, Lebanon County Detective Bureau, Lebanon City Police Department, Cornwall Borough Police Department, and assisted by the Lebanon County Probation Department. Assistant United States Attorney Daryl F. Bloom and Special Assistant United States Attorney Nichole Eisenhart, who also serves as the First Assistant District Attorney in Lebanon County, Pennsylvania, 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 was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Newfoundland Woman Indicted for Bankruptcy FraudRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Linda Ferris, age 55, of Newfoundland, Pennsylvania, was indicted on March 20, 2018, by a federal grand jury for knowingly filing false bankruptcy documents and hiding assets during her bankruptcy case.
According to United States Attorney David J. Freed, the indictment alleges that Ferris filed for bankruptcy in July 2013 and did not disclose all of her assets to the bankruptcy court. The indictment further alleges that prior to a Chapter 7 Bankruptcy hearing in September 2013, Ferris lied on her schedule of assets by hiding some of those assets in a sham mortgage in Florida that was set up less than two weeks before filing for bankruptcy.
The charges stem from an investigation by the Federal Bureau of Investigation and the United States Trustee’s Office. Assistant United States Attorney Evan Gotlob is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
The maximum penalty under federal law is 5 years of imprisonment, a term of supervised release following imprisonment, and a maximum fine of $250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Man Guilty of Heroin Trafficking and Firearms ChargeRead 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, pleaded guilty on March 20, 2018, before Senior U.S. District Court Judge James M. Munley to possession with intent to distribute heroin and possessing a firearm in furtherance of a drug trafficking crime.
According to United States Attorney David J. Freed, Trent 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.
Judge Munley ordered a presentence report to be completed, and scheduled sentencing for June 18, 2018.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Monroe County. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. The firearms charge also carries a mandatory minimum penalty of five years’ imprisonment, and the sentence imposed for that offense must run 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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York County Man Charged with Child Exploitation OffensesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert T. Donelon, age 55, of Etters, Pennsylvania, was indicted yesterday by a federal grand jury for offenses involving the exploitation of minors.
According to United States Attorney David J. Freed, the indictment alleges that on January 10, 2018, Donelon possessed images of child pornography depicting a minor engaged in sexually explicit conduct, and received child pornography over the internet. The indictment also seeks forfeiture of all electronic equipment connected with the images of child pornography.
This case was investigated by the West York Borough Police Department with the assistance of the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the receipt of child pornography offenses is 20 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. That charges carries a mandatory minimum term of imprisonment of 5 years. The possession of child pornography charge is punishable by a maximum of 10 years’ imprisonment and a $250,000 fine. 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 Additional Individuals Charged with Smuggling Drugs and Contraband to InmatesRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Deanna Tallo, age 29, of Throop, Pennsylvania, and Thomas Coss, age 36, currently an inmate in state prison, were indicted on March 13, 2018, by a federal grand jury for smuggling suboxone and tobacco into the Lackawanna County Prison during July 2015 and April 2016. The case was unsealed today following the arrest of Tallo.
According to United States Attorney David J. Freed, the indictment alleges that Tallo provided and attempted to provide suboxone and tobacco to inmates at the prison between July 2015 and April 2016, and that during that same time period Coss, then an inmate at the prison, obtained and possessed suboxone and tobacco.
In December 2017, Jerry Defazio, a former contract employee at the prison, pleaded guilty to providing and attempting to provide drugs and tobacco to inmates at the prison. He is awaiting sentencing.
The charges against Tallo and Coss stem from an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Scranton Man Charged with Importing Synthetic Canaboids from ChinaRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Verkitus, age 53, of Scranton, Pennsylvania, was indicted on March 13, 2018, by a federal grand jury for importing into the United States synthetic canaboids, which are controlled substance analogues. The case was unsealed on March 14, 2018, following Verkitus’ plea of not guilty entered before United States Magistrate Judge Karoline Mehalchick.
According to United States Attorney David J. Freed, the indictment alleges that Verkitus obtained the drugs from China during 2015 and 2016. The indictment identifies the synthetic canaboid as “Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3carboxylate,” also known as NM-2201.
Under federal law, controlled substance analogues, which are chemically similar to controlled substances in Schedules I or II, to the extent they are intended for human consumption, are treated as controlled substances
The charge against Verkitus stems from an investigation by special agents of the Drug Enforcement Administration, the U.S. Postal Inspection Service, and the Scranton Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mechanicsburg Man Charged with Possession of A Firearm as A Convicted FelonRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Fishel Jr., age 44, of Mechanicsburg, Pennsylvania, was indicted yesterday by a federal grand jury on firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that on February 5, 2018, Fishel Jr., unlawfully possessed a Bauer, 25 caliber firearm, in Newberry Township, York County, after previously being convicted of a felony.
The case was investigated by the Newberry Township Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Chelsea Schinnour is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 minimum mandatory penalty is 15 years imprisonment and 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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Four 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 four previously deported aliens were indicted separately on March 14, 2018, by a federal grand jury for illegal re-entry into the United States by a previously deported alien.
According to United States Attorney David J. Freed, Carmelino Verdugo-Torres, age 30, of Mexico, was previously deported from the United States to Mexico in February 2011. He is alleged to have illegally re-entered the United States sometime after February 2011, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Juan Carlos Munguia, age 29, of Honduras, was previously deported from the United States to Honduras in October 2009. He is alleged to have illegally re-entered the United States sometime after October 2009, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Oscar Cash-Cash, age 29, of Mexico, was previously deported from the United States to Mexico in September 2013. He is alleged to have illegally re-entered the United States sometime after September 2013, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Evaristo Feregrino-Fortanell, age 27, of Mexico, was previously deported from the United States to Mexico in July 2015. He is alleged to have illegally re-entered the United States sometime after July 2015, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Verdugo-Torres, Munguia, Cash-Cash and Feregrino-Fortanell 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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Monroe County Man Guilty of Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Charles McRae, age 37, of East Stroudsburg, Pennsylvania, pleaded guilty on March 13, 2018, before U.S. District Court Judge Malachy E. Mannion to distribution of heroin.
According to United States Attorney David J. Freed, McRae admitted to selling heroin in Stroudsburg on January 20, 2016.
McRae was indicted by a grand jury in December 2016.
Judge Mannion ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
The case was investigated by the Drug Enforcement Administration and local police from Monroe County. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Additional Charges Filed Against Former Monroe County Financial Advisor for Investment FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on March 13, 2018, Anthony Diaz, age 48, of East Stroudsburg, Pennsylvania, was charged in a superseding indictment with additional charges of mail and wire fraud.
According to United States Attorney David J. Freed, Diaz, who was a financial advisor, was originally indicted on May 12, 2016, and charged with six counts of wire fraud by using false and misleading statements and misrepresentations to induce his clients to purchase high risk and/or otherwise unsuitable investment products, through which Diaz received substantial fees and commissions to which he was not entitled. Today’s superseding indictment added five counts of mail and wire fraud and additional victims.
Diaz allegedly operated the scheme between approximately 2006 and 2015, while he was a registered representative and/or a certified financial planner associated with financial investment firms. Diaz had his own office, under the name of Financial Planners Group of America, with employees reporting to him during the periods when he was associated with other firms. From December 2006 through May 2015, Diaz allegedly sold what were called “alternative investment products” to his clients. Such products are generally high risk, speculative and illiquid (i.e., they cannot readily be converted to cash); may require long holding periods of up to nine years, and have “suitability requirements” related to the net worth and/or income of investors.
As part of the scheme, Diaz allegedly instructed clients to sign blank or partially completed documents, and provided false information on documents concerning the clients’ net worth, income, risk tolerance and/or investment experience to falsely make it appear that the clients met the applicable requirements to invest in the products.
Diaz also allegedly failed to explain to clients that alternative investment products lacked liquidity and had no public market for resale. He allegedly falsely assured clients they would have access to their funds and falsely told some of them the investments were “guaranteed” to earn a certain rate of return, when, in fact, he knew there was no guaranteed rate of return.
Diaz allegedly told his clients that he voluntarily left the broker dealers he was associated with at various times and for the clients’ benefit, when, in fact, he was terminated or asked to leave. As a result, some clients incurred additional fees and expenses.
The indictment charges Diaz with seven counts of wire fraud and four counts of mail fraud. Each count relates to an interstate wire transmission or interstate mailing concerning investments made in connection with the fraud scheme, totaling approximately $611,000 investments, between December 2012 and May 2014.
In May 2015, the Financial Industry Regulating Authority (FINRA), part of the U.S. Treasury Department, permanently banned Diaz from acting as a broker or otherwise associating with firms that sold securities to the public. Shortly thereafter, the Pennsylvania Department of Banking and Securities banned Diaz from representing an issuer or seller of securities in Pennsylvania and from being registered as a broker-dealer, agent or investment advisor in Pennsylvania.
Anyone with information concerning financial services rendered by Diaz and/or Financial Planners Group of America, should contact the U.S. Attorney’s Office at 570-348-2800.
The investigation was conducted by the Federal Bureau of Investigation. Assistant United States Attorneys Evan Gotlob, Robert O’Hara and Phillip 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 is 30 years of imprisonment for each mail and wire fraud count, 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 Businessman Sentenced to One Year Probation and Home Confinement for Filing False Tax ReturnRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Powers, age 53, of New Cumberland, Pennsylvania, was sentenced today by United States District Court Judge John E. Jones, III, to one year probation with the condition that he spend four months on monitored home detention for filing a false Federal Income Tax Return pertaining to tax year 2010.
According to United States Attorney David J. Freed, Powers who owns and operates Powers Auto Repair in New Cumberland, pleaded guilty on September 11, 2017, to understating his true income by $238,381 on his 2010 income tax return. The tax owed on that unreported income amounted to $42,774. Under the terms of his plea agreement, Powers will make restitution to the Internal Revenue Service (IRS) in that amount plus another $26,198 for unpaid taxes owed on unreported income of $208,979 for tax year 2012. Thus, the total loss to the IRS as a result of Powers’ underreporting of income was $68,972.
Judge Jones also ordered Power’s restitution in the amount of $68,972 to be paid in no less than monthly payments of $500.
The IRS investigation of Powers began after the IRS received a Form 1099-K indicating Powers Auto Repair had significantly more gross receipts than what Powers reported on his 2011 income tax return. A Form 1099-K is a reporting document filed by entities that process credit card payments on behalf of businesses.
As a result, the IRS obtained Powers’ bank records, which showed that Powers established two accounts - a business account and a personal account at the same bank. Powers deposited all of the cash and all of the checks he received from his customers into the business bank account, and all of his credit card income into his personal account. However, Powers only reported the income in his business account as income on his 2010 and 2012 tax returns.
The case was investigated by the Harrisburg Office of the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Kim Douglas Daniel prosecuted the case.
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Lycoming County Company Charged with Committing an OSHA Violation That Resulted in A Worker’s DeathRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Susquehanna Supply Company, Inc., of Williamsport, Pennsylvania, was charged in a criminal information of willfully committing an OSHA violation that resulted in an employee’s death.
According to United States Attorney David J. Freed, the information alleges that Susquehanna Supply Company’s primary business is bridge rehabilitation, and that in December 2014, the company contracted with the Pennsylvania Department of Transportation to rehabilitate a bridge near Eyers Grove in Columbia County.
The rehabilitation project began in June 2015, and it involved digging large trenches at each end of the bridge. Under regulations issued by the Occupational Safety and Health Administration (“OSHA”), an employee working in a trench must be protected from cave-ins by an adequate protective system, such as sloped walls. Cave-ins represent the greatest danger during a trenching operation and are more likely than other trenching-related accidents to result in worker fatalities.
On July 7, 2015, a Susquehanna Supply Company employee entered a trench at one end of the bridge to remove additional soil. The trench was approximately twelve feet deep. Although Susquehanna Supply Company was aware of the applicable OSHA regulations, the company had not implemented a protective system in the trench. While the employee was working, one of the trench’s vertical dirt walls collapsed, burying the employee up to his chest and crushing him against the bridge’s concrete abutment. The collapse caused massive trauma to the employee’s upper body and killed him almost instantly.
The case was investigated by the Occupational Safety and Health Administration and is being prosecuted by Assistant U.S. Attorney Carlo D. Marchioli.
Criminal informations are only allegations. A charged entity is presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is a $500,000 fine and a term of probation. Under federal law, 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 and protect the public. 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 Convicted for Possession of A Firearm as A Convicted FelonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Steven Gray, age 45, of York, Pennsylvania, was convicted for being a felon in possession of a firearm after a three-day jury trial held before United States District Court Judge John E. Jones, III.
According to United States Attorney David J. Freed, Gray was arrested on January 1, 2017, by officers of the York Police Department and found to be in possession of a 9MM Taurus handgun, loaded with seven rounds of ammunition. As a previously convicted felon, he was prohibited from possessing a firearm.
The matter was investigated by the York Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorneys Scott R. Ford and Kim Douglas Daniel prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 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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Former Fairview Township Police Officer Sentenced to 42 Months’ Imprisonment on Theft ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tyson Baker, age 43, of Etters, Pennsylvania, was sentenced today by United States District Court Judge Sylvia H. Rambo to 42 months’ imprisonment and two years’ supervised release for theft of seized money that was evidence in two separate drug cases.
Judge Rambo also ordered Baker to pay $1,000 restitution to Fairview Township Police Department and $330 restitution to the FBI. Baker is to report to the Bureau of Prisons on April 2, 2018.
According to United States Attorney David J. Freed, Baker, a former 17 year veteran police officer with the Fairview Township Police Department, was convicted on September 14, 2017, after a four-day trial before Judge Rambo. Baker was convicted of two counts of theft of drug money that was subject to seizure and forfeiture, one count of falsifying or altering records to impede, obstruct or influence a federal drug investigation regarding the first incident, one count of theft of federal property, and one count of presenting a false police report to the FBI.
The Federal Bureau of Investigation (FBI) in Harrisburg received information that Baker stole money from drug traffickers who were arrested, the subject of traffic stops, or both. On November 21, 2015, Baker orchestrated the theft of $2,000 in drug proceeds seized by the Fairview Township Police Department during a search of a residence that resulted in the seizure of several pounds of marijuana and approximately $15,000. On December 16, 2015, the FBI arranged for an undercover vehicle operated by an undercover FBI agent to be stopped by Fairview Township. Baker had the vehicle towed from the scene and, without a warrant and in spite of directions from an FBI agent not to search the vehicle, Baker searched the vehicle and stole $3,000 out of $15,000 concealed in a gym bag in the back of the vehicle. The undercover vehicle was equipped with video recording equipment that recorded Baker going through the vehicle without a warrant. On December 18, 2015, Baker was arrested by the FBI and confessed to both incidents.
“Because of his status as a law enforcement officer, Baker’s actions not only violated state and federal laws, but also had a direct negative impact on state and federal cases where he served as an investigator or witness,” said United States Attorney Freed. “The excellent cooperative investigation followed by Judge Rambo’s sentence send a strong message that this type of conduct will be vigorously prosecuted and punished.”
“When an officer shrugs off his sworn oath, breaking the law to pad his paycheck, he betrays the people of his community – and all of us who wear a badge,” said Michael Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Removing rogue officers from the ranks is vital. The FBI will continue to investigate police corruption and bring those responsible to justice. No one is above the law.”
The case was investigated by the Harrisburg Resident Office of the Federal Bureau of Investigation, the Pennsylvania State Police, the Pennsylvania Office of Attorney General, and the Fairview Township Police Department. Assistant United States Attorneys William A. Behe and Michael Consiglio prosecuted the case.
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York Man Convicted on Drug Trafficking ChargesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Raul Cotto-Rivera, age 40, of York, Pennsylvania, was convicted yesterday of various drug trafficking offenses after a three-day jury trial held before U.S. District Court Judge Yvette Kane.
According to United States Attorney David J. Freed, Cotto-Rivera was convicted of conspiracy to distribute 100 grams and more of heroin and 500 grams and more of cocaine hydrochloride, distribution of heroin (3 counts), possession with intent to distribute heroin and cocaine hydrochloride, distribution of marijuana and possession with intent to distribute cocaine base, cocaine hydrochloride and marijuana.
The charges stemmed from a number of controlled buys of heroin that were made by and through Cotto-Rivera in September and October of 2015. In October 2015, law enforcement obtained and executed a search warrant and located approximately $20,000 in United States currency, a drug ledger, drug packaging material and distribution quantities of cocaine and heroin all in the defendant’s home. While on release, Cotto-Rivera continued to sell drugs and was engaged in the distribution of marijuana from his store. A second search warrant executed in February of 2017, located distribution quantities of marijuana and cocaine, drug packaging materials and a loaded stolen firearm.
A sentencing date has not yet been scheduled.
The investigation was conducted by the FBI Safe Streets Task Force, the York County Drug Task Force, the Pennsylvania State Police, the York Area Regional Police Department, the West Manchester Township Police Department, the York County Sheriff’s Office, the Springettsbury Township Police Department, and the York County District Attorney’s Office. The case was prosecuted by Assistant United States Attorneys Daryl F. Bloom and Carl Marchioli.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The defendant faces a mandatory term of imprisonment of five years and a maximum term of imprisonment of 160 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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United States Attorney’s Office Reaches Settlement with Dauphin County, Pa, over Polling Place Access for VotersRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today a settlement with Dauphin County under Title II of the Americans with Disabilities Act to improve physical accessibility at the county’s polling places for individuals who use wheel chairs and other mobility aids, and for individuals who are blind or have vision impairments.
According to United States Attorney David J. Freed, in the May 19, 2015 primary election, the United States Attorney’s Office, along with an architect from the Department of Justice, surveyed a portion of the county’s polling place locations. The survey resulted in a finding that many of the county’s polling places contain barriers to access for persons with disabilities. Title II of the ADA prohibits discrimination on the basis of disability by a state or local government in any of its programs or services, including its voting program.
Dauphin County is working collaboratively with the United States Attorney’s Office to make all polling places accessible. Under the terms of the agreement, the county will use an evaluation form for each current and prospective polling place based on ADA architectural standards. The settlement requires the county to either relocate inaccessible polling places to new, accessible facilities, or to use temporary measures such as portable ramps, signs, traffic cones and doorbells, where appropriate to ensure accessibility on Election Day. Dauphin County has indeed taken steps since the May 19, 2015 election to ensure polling place accessibility.
“The right of individuals to participate in our democratic system of government includes full and equal access to polling sites,” said U.S. Attorney Freed. “Under this agreement, voters with disabilities will now be able to cast their ballots in person at their polling places alongside their neighbors.”
This investigation was handled by Assistant United States Attorney Michael J. Butler with the assistance of the United States Department of Justice, Civil Rights Division (Disability Rights Section). Those interested in finding out more about the ADA can access the ADA website at www.ada.gov.
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Schuylkill County Man Guilty of Methamphetamine Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Castro, age 28, of Pottsville, Pennsylvania, pleaded guilty yesterday to conspiracy to distribute more than 500 grams of methamphetamine, before U.S. District Court Judge Robert D. Mariani.
According to United States Attorney David J. Freed, Castro, admitted to committing the offense between July 2016 and May 24, 2017, in Schuylkill County and elsewhere.
Castro was indicted by a grand jury along with three other persons in August 2017.
Judge Mariani ordered a presentence report to be completed. Sentencing will be scheduled at a later date.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and local police from Schuylkill County. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is life in prison, a term of supervised release following imprisonment, and a fine. The charge also carries a mandatory minimum penalty of ten years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New York Investment Adviser Convicted of Defrauding InvestorsRead the Press Release
HARRISBURG – Louis F. Petrossi, age 77, the founder and president of the Wealth Research Institute, a purported investment research firm, was convicted yesterday by a federal jury in the Middle District of Pennsylvania, on three counts of securities fraud, investment adviser fraud, and wire fraud for his role in a scheme to defraud investors. The four-day trial was held before Chief United States District Court Judge Christopher C. Conner in Harrisburg.
David J. Freed, United States Attorney for the Middle District of Pennsylvania and Richard P. Donoghue, United States Attorney for the Eastern District of New York, jointly announced the verdict.
The evidence at trial established that Petrossi falsely claimed to investors that money they had invested in purported investment funds, Chadwicke Partners LLC (“Chadwicke Partners”) and Chadwicke Ventures LLC (“Chadwicke Ventures”), would be used to invest in startup companies. Instead, the defendant used the investors’ money to pay for personal expenses and issued fraudulent statements that overstated both the cost and value of the securities held by Chadwicke.
The evidence also showed that between January 2015 and January 2017, Petrossi solicited more than $1.8 million in investments in Chadwicke Partners from more than 25 investors nationwide including an investor residing in the Middle District of Pennsylvania. Petrossi promoted Chadwicke as providing the opportunity to invest in high-profile startups companies such as Lyft, Inc., Maplebear Inc., Pinterest Inc., Spotify Technology SA, and Palantir Technologies, Inc. among others. Petrossi invested approximately $665,400 in privately held startup companies but used more than $1.1 million in investor funds to pay for personal expenses, including payments to BMW, renovations to his home and to pay his personal legal fees. In or around August 2016, Petrossi sent emails to Chadwicke investors attaching a spreadsheet that contained false and misleading statements about the purchase price and value of the securities held by the Chadwicke funds in order to conceal his misappropriation of investor money.
On May 3, 2016, Petrossi was arrested in Nevada pursuant to an indictment returned by a federal grand jury in the Eastern District of New York for his role in a securities fraud scheme involving the securities of ForceField Energy Inc. Under the terms of Petrossi’s pre-trial release, the defendant was prohibited from employment “directly involving the handling of investors.” Between May 3, 2016 and approximately January 2017, Petrossi continued to engage in the Chadwicke scheme by emailing the August 2016 spreadsheet and soliciting $210,000 in investor funds.
Petrossi faces a maximum of 20 years’ imprisonment on each count of conviction when he is sentenced by Chief Judge Conner of the Middle District of Pennsylvania.
Petrossi was convicted in May 2017 by a federal jury in Brooklyn for his role in the ForceField Energy Inc. market manipulation scheme. He faces a maximum sentence of 20 years’ imprisonment when he is sentenced by United States District Judge Brian M. Cogan of the Eastern District of New York.
Assistant United States Attorney Mark E. Bini of the Eastern District of New York and Special Assistant United States Attorney John O. Enright of the United States Securities and Exchange Commission’s Enforcement Division prosecuted the case.
The matter was investigated by the United States Securities and Exchange Commission’s Enforcement Division.
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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Mechanicsburg Businessman Sentenced to One Year and One Day in Prison for Failure to Pay Federal Payroll TaxesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Nicholas A. Long, age 30, of Mechanicsburg, Pennsylvania, was sentenced on March 8, 2018, to one year and one day and three years’ supervised release by United States District Court Judge Sylvia H. Rambo for willful failure to pay federal payroll taxes.
According to United States Attorney David J. Freed, Long pleaded guilty in October 2017, to an information charging him with the willful failure to pay federal payroll taxes owed by his business, Harrisburg Commercial Interiors, LLC during 2013.
An Internal Revenue Service (IRS) investigation revealed that Long, through his solely owned commercial drywall business, Harrisburg Commercial Interior, LLC (HCI), willfully did not pay $216,304 in payroll taxes during 2013 and 2014. The IRS investigation began when several HCI employees contacted the IRS because they did not receive their 2013 income tax refunds.
As the owner of HCI, Long exercised primary control over the financial affairs of the business, was solely responsible for issuance of all paychecks, and had sole signature authority on HCI's business bank account. Although he issued payroll checks totaling $730,788 in gross wages during 2013 and 2014, Long did not file the requisite Employer's Quarterly and Annual Federal Tax Returns, Forms and 940, with the IRS, nor pay over the $160,399 he withheld from his employees’ pay checks to the government.
Judge Rambo also ordered Long to make full restitution in the amount of $216,304. Long made $140,000 in payments prior to his sentencing leaving $76,304 owed.
“Business owners like Mr. Long have a responsibility to withhold income taxes for their employees and then remit those taxes to the IRS,” stated Ed Wirth, Acting Special Agent in Charge. “The failure to do so is a crime, and the Special Agents of IRS Criminal Investigation will continue to vigorously pursue action against those who commit these types of offenses.”
The case was investigated by the Harrisburg Office of the IRS Criminal Investigation and was prosecuted by Assistant United States Attorney Kim Douglas Daniel.
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New Jersey Man Indicted for Transporting A Minor for Sex and Production of Child PornographyRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Taylor, age 29, of Blackwood, New Jersey, was indicted for production of child pornography, transporting a minor to engage in sexual activity, and committing a felony while required to register as a sex offender.
According to United States Attorney David J. Freed, the indictment alleges that between July 15, 2017, and July 18, 2017, Taylor produced child pornography and transported a minor from Pennsylvania to New Jersey with the intent to engage in criminal sexual activity. The indictment also alleges that Taylor committed both felony offenses while required by law to register as a sex offender.
The case was investigated by the Camden County Prosecutor’s Office, the Gloucester Township Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation. Assistant United States Attorney Alisan VanFleet is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Taylor faces a mandatory minimum sentence of 15 years in prison and a potential 30-year maximum sentence for the production of child pornography charge and a mandatory 10 years in prison with a maximum penalty of life imprisonment for the transportation charge. Taylor faces a mandatory minimum sentence of ten years for committing a felony offense while required to register as a sex offender. The maximum possible fine for the offenses is $750,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wilkes-Barre Woman Sentenced to 60 Months’ 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 March 2, 2018, United States District Judge Malachy E. Mannion sentenced Kassandra Martin, age 36, of Wilkes-Barre, Pennsylvania, to 60 months’ imprisonment, for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Martin pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately November 2016 through February 2017. Martin admitted to transporting controlled substances from New York to Pennsylvania, where she and other members of the conspiracy redistributed them. On February 8, 2017, Martin and two other individuals were arrested after a traffic stop that recovered 18 grams of heroin and 56 grams of crack cocaine from the vehicle’s occupants. Martin admitted that she trafficked in excess of 28 grams of crack cocaine and in excess of 100 grams of heroin (which is the equivalent of 4,000 potentially fatal doses of heroin).
Martin was charged in June 2017, with 14 other individuals. She is the first of the defendants to be sentenced.
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 is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case 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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Additional Charges Filed Against Two Philadelphia Men for Heroin Introduction at USP CanaanRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sable Daniel, age 29, and Russell Whitmore, age 34, both of Philadelphia, Pennsylvania, were charged yesterday in a four-count superseding indictment with additional charges that both Daniel and Whitmore conspired to distribute and possess with intent to distribute heroin, stemming from a delivery of heroin to an inmate at United States Penitentiary, Canaan, (USP Canaan).
According to United States Attorney David Freed, Daniel and Whitmore were originally indicted on December 6, 2016, with charges alleging that Daniel delivered heroin to Whitmore during a visit at USP Canaan. Daniel is also charged with distribution of heroin and providing an inmate with a contraband narcotic, and Whitmore is charged with possession of contraband narcotic by an inmate.
The investigation was conducted by the Federal Bureau of Investigation and officers at USP Canaan. The case is being prosecuted by Assistant United States Attorney Sean A. Camoni.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 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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Doctor Pleads Guilty to Heath Care Fraud and Opioid Diversion ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Charles J. Gartland, D.O., age 59, of Cochranville, Pennsylvania, pleaded guilty today before United States Magistrate Judge Susan E. Schwab to one count of health care fraud and one count of obtaining possession of a controlled substance by deception.
According to United States Attorney David J. Freed, Gartland perpetrated a scheme to defraud two health care benefit programs, WellSpan Health of York, PA and Medicare, by writing 221 prescriptions between September 2014 and August 2017, for Hydrocodone, Oxycodone, Fentanyl, Morphine and other controlled substances. The prescriptions were issued by Gartland under the names of three of his family members. Of the 221 prescriptions, 194 were for 17,187 Hydrocodone-Ibuprofen 7.5 -200 mg pills.
The prescriptions were never intended for the medical care or treatment of the family members, but instead were intended for Dr. Gartland’s personal use. As such, the prescriptions were outside the scope of professional medical practice and were not issued for a legitimate medical purpose.
Gartland filled the prescriptions at five pharmacies in York, Chester and Lancaster Counties. It’s alleged that Gartland deceived the pharmacies into giving him the pills by making them believe they were intended for his family members. WellSpan and Medicare were allegedly defrauded when they paid claims submitted by the pharmacies for the prescriptions.
Judge Schwab released Gartland on supervised release pending completion of a Pre-Sentence Report. No date has yet been set for sentencing.
The case is being investigated by the Harrisburg Offices of the Drug Enforcement Administration, the U.S. Department of Health and Human Services, Office of the Inspector General, and the Pennsylvania Department of State Bureau of Enforcement and Investigation. Assistant U.S. Attorney Kim Douglas Daniel is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Health Care Fraud is punishable by up to 10 years’ imprisonment and a $250,000 fine. Obtaining Possession of a Controlled Substance by Deception is punishable by up to four years’ imprisonment and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Four Lancaster Men Indicted for Burglarizing A Pharmacy and A GunshopRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Henry Morales, age 23; Jorge Santiago, age 19; Fernando Rodriguez, age 20; and Ronald Grover, age 23, all of Lancaster, Pennsylvania, were indicted on February 14, 2018, by a federal grand jury for conspiracy to burglarize a pharmacy, burglary of a pharmacy, conspiracy to possess stolen firearms, and possession of stolen firearms. Morales and Santiago were also charged with being felons in possession of firearms. The case was unsealed following the arrest of defendants.
According to United States Attorney David J. Freed, the indictment alleges that the defendants broke into the Medicine Shoppe located in Lebanon, Pennsylvania on January 17, 2018, and stole various medications to include cough syrup with codeine. The defendants then traveled to the Horseshoe Pike Gunshop in Palmyra, where they broke into the building and stole 12 handguns.
This matter was investigated by the Lebanon Police Department, the Palmyra Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration. Assistant U.S. Attorney Scott Ford 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 opioids. 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 was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 45 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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Former Narcotics Agent Charged with Conspiring to Launder Stolen Drug ProceedsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Timothy B. Riley, age 48, of Philadelphia, Pennsylvania, was charged in a criminal information with conspiring to launder stolen drug proceeds. Riley was formerly employed as a Narcotics Agent with the Pennsylvania Attorney General’s Office Bureau of Narcotics Investigations from 2008 to 2014 and was assigned to the Mobile Street Crimes Unit from 2013 until September 2014, which operated out of Lemoyne, Pennsylvania.
According to United States Attorney David J. Freed, Riley was charged in a one-count information alleging that between June 25, 2014 and September 14, 2014, Riley conspired with others to launder stolen drug proceeds. The information alleges that on June 25, 2014, Riley was notified by an unindicted coconspirator about a large amount of cash from a coast-to-coast marijuana trafficking organization that he was transporting in a rental truck in Pennsylvania. Riley and other members of the Mobile Street Crimes Unit met the unindicted coconspirator at a truck stop in Carlisle, Pennsylvania and seized approximately $1,770,650 in cash located in the rental truck.
After the seizure, the Federal Bureau of Investigation, joined by Internal Revenue Service – Criminal Investigation, conducted a full investigation, revealing that more than $800,000 was stolen by the driver of the truck aided by at least one other unindicted coconspirator, prior to the seizure. The charges filed today allege that after the seizure, Riley received three cash payments from the unindicted coconspirators, totaling $48,000. Riley then deposited and conducted other financial transactions with that money, knowing it was stolen proceeds of drug trafficking.
“It is always a sad day for law enforcement when a person sworn to uphold the law is charged with violating it,” said United States Attorney Freed. “It is vital that members of law enforcement be held to account for illegal conduct. Working with our partners in federal, state and local law enforcement we will continue to attack the scourge of illegal drugs in every way we can, including going after the ill-gotten gains that result from drug dealing. I want to thank our law enforcement colleagues for their hard work in this case, and emphasize the true partnership that we enjoy with Pennsylvania Attorney General Shapiro and his office, whose cooperation was vital in this investigation. This incident, which took place under a prior Attorney General, is in no way reflective of the hard working men and women in the Pennsylvania Office of Attorney General.”
“Law enforcement officers know better than anyone: crime doesn’t pay,” said Michael Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “This defendant allegedly violated his sworn oath for financial gain – at the cost of his integrity, his career, and potentially, his freedom.”
“Offenders, no matter who they are, who choose to abuse the public trust will be held accountable,” said Ed Wirth, Acting Special Agent in Charge of IRS Criminal Investigation. “The filing of today’s information underscores the commitment of IRS Criminal Investigation to work in a collaborative effort to promote honest and ethical government.”
“I want to thank the U.S. Attorney’s Office for its work on this case. My office assisted fully with this investigation, and we will continue doing so,” Attorney General Josh Shapiro said. “This individual’s employment with the Office of Attorney General ended in 2014, under the previous administration. Since I was sworn in as Attorney General in January of 2017, I have made restoring integrity to this office a top priority, and we are succeeding.”
The case was investigated by the Harrisburg Offices of the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, with the full cooperation of the Pennsylvania Office of Attorney General. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Five Federal Inmates Charged with Possession of A WeaponRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that five federal inmates were indicted separately yesterday by a federal grand jury for possession of a weapon in prison.
According to United States Attorney David J. Freed, Ernie Joseph Sandoval, age 31, an inmate at the United States Penitentiary, Lewisburg, Pennsylvania (USP Lewisburg), was indicted by a federal grand jury for possession of a weapon in prison. Sandoval was found in possession of a homemade sharpened piece of plastic, commonly referred to as a “shank,” during a search conducted on August 17, 2017.
Jose Capriata, age 25, an inmate at the Federal Correctional Institution Allenwood, White Deer, Pennsylvania (FCI Allenwood), was indicted by a federal grand jury for possession of a weapon and a controlled substance. On September 17, 2017, Capriata was found in possession of a homemade sharpened piece of plastic and a synthetic cannabinoid, MAB-CHMINACA.
Lenelle Gray, age 37, an inmate at FCI Allenwood, was indicted by a federal grand jury for possession of a weapon in prison. Gray was in possession of a homemade sharpened piece of metal during a search conducted on September 24, 2017.
Jorge Lopez-Cruz, age 47, an inmate at the United States Penitentiary, Allenwood, Pennsylvania (USP Allenwood), was indicted by a federal grand jury for possession of a weapon in prison. Lopez-Cruz was found in possession of a homemade sharpened piece of metal during a search conducted on September 21, 2017.
Michael Moore, age 23, an inmate at USP Allenwood, was indicted by a federal grand jury for possession of a weapon in prison. Moore was found in possession of a homemade sharpened piece of plastic during a search conducted on September 9, 2017.
The charges stem from an investigation by officers at the Federal Bureau of Prisons and the Federal Bureau of Investigation. Assistant United States Attorney Alisan VanFleet is prosecuting the cases.
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 defendants are facing a maximum of five years of incarceration and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monroe County Woman Charged with Straw Purchases of FirearmsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kassandra Mattox, age 25, of Tobyhanna, Pennsylvania, was indicted on September 19, 2017, by a federal grand jury on multiple counts of making false statements to federally licensed firearms dealers. The indictment was unsealed yesterday following the arrest of Mattox.
According to United States Attorney David J. Freed, the indictment alleges that Mattox provided false information regarding the purchase of three firearms from Dunkelberger’s Sports Outfitter, in Stroudsburg, Monroe County, on October 24 and 27, 2016, and the purchase of three firearms from Pocono Mountain Firearms, in Scotrun, Monroe County, on October 27, 2016 and November 9, 2016.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, and the Pocono Mountain Regional Police Department. Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates all lesson learned since PSN launched in 2001.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is ten years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Justice Department Coordinates Nationwide Elder Fraud Sweep of More Than 250 DefendantsRead the Press Release
WASHINGTON – Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history. The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts. Of the defendants, 200 were charged criminally. In each case, offenders engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
Attorney General Sessions was joined in the announcement by FBI Acting Deputy Director David Bowdich; Chief Postal Inspector Guy Cottrell; FTC Acting Chairman Maureen Ohlhausen; and Kansas Attorney General and President of the National Association of Attorneys General Derek Schmidt.
“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions. “Today’s actions send a clear message: we will hold perpetrators of elder fraud schemes accountable wherever they are. When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains. Today is only the beginning. I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”
The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians. A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim. The schemes charged in these cases caused losses to more than a million victims.
“Winners. That’s what so many of the people who received these solicitations in the mail thought they were. But they’re not. They are victims of scams that Postal Inspectors have seen and investigated for decades. In fact, some of the same operators we encountered 20 years ago are back. But so are we. Yesterday, Postal Inspectors around the country executed search warrants on 14 locations that some of these same operators used to run their scams. We’re letting the American public know – and especially our vulnerable older Americans – that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail,” said Chief Postal Inspector Cottrell.
“Over the last year, the FBI has initiated more than 200 financial crimes cases involving elderly victims who were devastated financially, emotionally, mentally and physically. Picking up the pieces of these fraud schemes can be equally as traumatizing for the caregivers of these elderly victims,” said Acting Deputy Director Bowdich. “The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI.”
Actions against the Mass-mailing Fraud Industry
As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals. In addition, law enforcement agents executed 14 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police in Canada, who executed over 20 warrants, including search warrants on business premises.
“The defendants targeted elderly and vulnerable consumers both in the United States and abroad, using U.S. addresses and the U.S. mails to try to legitimize their fraudulent schemes,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue. “They sold false promises of life-changing prizes that never came true. We will pursue the perpetrators of these mail schemes wherever they are located, and hold them accountable.”
These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars. Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million. Click here for map showing a transnational, single fraud scheme.
Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year. Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments. Click here for fact-sheet with cases on mass-mailing fraud.
Actions against other elder fraud schemes
Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases. Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year. Some examples of the elder financial exploitation prosecuted by the Department include:
- “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
- “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust. The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.
Public Education
The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.
Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them.
Coordination with state officials
Kansas Attorney General Schmidt highlighted the cases filed by state Attorneys General targeting elder frauds within in the sweep period, and he emphasized efforts at the state level to combat elder abuse and protect seniors from fraud and exploitation. He encouraged all of the state Attorneys General to devote enforcement and public education resources to preventing financial exploitation of senior citizens.
Coordination with foreign law enforcement
Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative. The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States. The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents. Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.
Jury Rules in Favor of Prison Physician on Eighth Amendment Claim by Federal PrisonerRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on February 21, 2018, a jury returned a verdict in favor of a prison physician rejecting a prisoner’s claim that his Constitutional rights were violated. The two-day jury trial was held before United States District Court Judge Malachy E. Mannion.
According to United States Attorney David J. Freed, during the summer of 2011, Mitchell Wall, an inmate at the United States Penitentiary at Allenwood, White Deer, Pennsylvania, fell and fractured his back and was being treated by a prison physician. When Wall’s back did not improve, he received a follow-up consultation with a private neurosurgeon. The neurosurgeon recommended Wall be given a lower bunk and Wall claimed he communicated that directly to the prison physician, but the physician still refused to give him the lower bunk. The prison physician disputed Wall’s claim. On February 16, 2012, Wall fell while getting out of the upper-bunk, was transported to a local hospital, and had surgery five days later.
Wall’s lawsuit claimed that the prison physician’s failure to provide him with a lower bunk assignment as recommended by the private neurosurgeon amounted to deliberate indifference to his serious medical needs in violation of his Eighth Amendment right to be free from cruel and unusual punishment. The jury rejected that claim after deliberating for approximately one hour.
The prison physician was represented by Assistant U.S. Attorney G. Michael Thiel.
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Luzerne County Woman Sentenced to 30 Months in Prison for Role in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Megan Fox, age 31, of Nanticoke, Pennsylvania, was sentenced to 2 ½ years in prison on February 20, 2018, by Senior U.S. District Court Judge James M. Munley, for conspiring with others to distribute heroin in Luzerne County during February through November 2014.
According to United States Attorney David J. Freed, Fox previously admitted to helping Desmond Mercer, the leader of the conspiracy, run his heroin trafficking operation while Mercer was incarcerated in the Luzerne County Prison. Fox admitted to involvement in the distribution and possession with intent to distribute of between 700 grams and 1 kilogram of heroin, which is approximately equivalent to between 28,000 and 40,000 retail bags of heroin.
Desmond Mercer, the leader of the drug conspiracy, previously pleaded guilty and was sentenced to 14 years in prison. Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years in prison for their roles in the conspiracy. Another member of the drug ring, Antuan Jamison, was sentenced to five years in prison. In all, ten defendants have pleaded guilty in connection with the case.
Judge Munley also ordered Fox to forfeit her interest in $15,948 and a Buick vehicle that were seized during the investigation. Fox must also serve three years on supervised release following her prison sentence.
Fox was indicted by a federal grand jury in October 2014, 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 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 was also brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Luzerne County Man Guilty of Participating in Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Charles Davis, III, age 46, of Wilkes-Barre, Pennsylvania, pleaded guilty on February 16, 2018, before Senior U.S. District Court Judge James M. Munley, to conspiring with others to distribute heroin in Luzerne County during February through November 2014.
According to United States Attorney David J. Freed, Davis admitted to transporting Desmond Mercer, the leader of the conspiracy, to more than 600 heroin transactions and to distributing heroin for Mercer to other customers in Luzerne County. Davis admitted to involvement in the distribution of between 100 and 400 grams of heroin, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.
Desmond Mercer, the leader of the drug conspiracy, previously pleaded guilty and was sentenced to 14 years in prison. Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years in prison for their roles in the conspiracy. Another member of the drug ring, Antuan Jamison, was sentenced to five years in prison.
Davis 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 is prosecuting the case.
Judge Munley ordered a pre-sentence investigation to be completed, and scheduled Davis’ sentencing for May 21, 2018.
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 was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 40 years in prison, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of five years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Hazleton Man Indicted on Drug Trafficking ChargesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kevin Charles Brown, age 38, of Hazleton, Pennsylvania, was indicted by a federal grand jury on drug trafficking charges.
According to United States Attorney David J. Freed, the indictment alleges that in 2016 Brown conspired to distribute heroin, fentanyl and cocaine and delivered heroin and fentanyl on multiple occasions.
The case was investigated by the Office of Attorney General’s Bureau of Narcotic Investigations, the Luzerne County Drug Task Force and the Federal Bureau of Investigations (FBI). Assistant U.S. Attorney Jenny P. Roberts 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 was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrisburg 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 David Washington, age 43, of Harrisburg, Pennsylvania, was indicted on February 14, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Washington possessed with the intent to distribute cocaine base, heroin, psychostimulants, fentanyl, and clonazepam on August 7, 2017, in Harrisburg. The indictment also alleges that Washington possessed three rifles and three handguns during and in relation to his drug trafficking activities. It is further alleged that at least one of the handguns had previously had its serial number obliterated.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Police Department. Assistant U.S. Attorney Chelsea Schinnour is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.]
Indictments 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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Thirteen 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 thirteen previously deported aliens were indicted separately on February 14, 2018, by a federal grand jury for illegal re-entry into the United States by a previously deported alien.
According to United States Attorney David J. Freed, Juan Carlos Leon-Avalos, age 29, of Mexico, was previously deported from the United States to Mexico in October 2011. He is alleged to have illegally re-entered the United States sometime after October 2011, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Mateo Salinas-Oliva, age 32, of Honduras, was previously deported from the United States to Honduras in July 2011. He is alleged to have illegally re-entered the United States sometime after July 2011, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Roberto Pinto-Moreira, age 26, of Honduras, was previously deported from the United States to Honduras on four prior occasions, March 2010, September 2010, March 2011, and November 2011. He is alleged to have illegally re-entered the United States sometime after November 2011, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Milton Andrade-Granados, age 42, of El Salvador, was previously deported from the United States to El Salvador in June 2015. He is alleged to have illegally re-entered the United States sometime after June 2015, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Nolberto Perez-Perez, age 26, of Guatemala, was previously deported from the United States to Guatemala in August 2014. He is alleged to have illegally re-entered the United States sometime after August 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Gonzalez-Martinez, age 37, was previously deported from the United States to Mexico in May 2013. He is alleged to have illegally re-entered the United States sometime after May 2013, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Hector Hernandez-Contreras, age 27, of Mexico, was previously deported from the United States to Mexico in October 2011. He is alleged to have illegally re-entered the United States sometime after October 2011, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Edgar Cruz-Garcia, age 30, of Mexico, was previously deported from the United States to Mexico in June 2015. He is alleged to have illegally re-entered the United States sometime after June 2015, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Ricardo De Jesus-Portillo, age 37, of Honduras, was previously deported from the United States to Honduras in July 2011. He is alleged to have illegally re-entered the United States sometime after July 2011, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers.
Pastor Fonseca-Lara, age 53, of Mexico, was previously deported from the United States to Mexico three times, February 2013, April 2013, and January 2014. He is alleged to have illegally re-entered the United States sometime after January 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Leon-Avalos, Salinas-Oliva, Pinto-Moreira, Andrade-Granados, Perez-Perez, Gonzalez-Martinez, Hernandez-Contreras, Cruz-Garcia, De Jesus-Portillo and Fonseca-Lara all face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
Ambrosio Ramirez-Arriaga, age 32, of Mexico, was previously deported from the United States on two prior occasions, August 2012 and June 2015. He is alleged to have illegally re-entered the United States sometime after June 2015, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers. In June 2012, he was convicted in the District of New Mexico of illegal reentry, an offense which subjects him to enhanced penalties in the current case.
Ramirez-Arriaga faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Tomasz Stypulkowski, age 44, was previously deported from the United States in November 2008. He is alleged to have illegally re-entered the United States sometime after November 2008, and was found in the United States in Monroe County, Pennsylvania after eluding examination or inspection by immigration officers.
Stypulkowski faces a maximum penalty of twenty 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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Tennessee Couple Sentenced to Prison for Unemployment Compensation FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Earl Lafayette Hall, III, age 37, of Arlington, Tennessee, was sentenced on February 15, 2018, to 116 months’ imprisonment and three years’ supervised release by United States District Court Judge Sylvia H. Rambo for conspiracy, mail fraud, money laundering, and aggravated identity theft charges related to an unemployment compensation fraud scheme. Hall’s wife, Renita Blunt, age 33, was sentenced to 29 months’ imprisonment and three years’ supervised release on January 17, 2018, for conspiracy to commit mail fraud and aggravated identity theft counts.
Judge Rambo also ordered Hall to pay $96,431 and Blunt to pay $38,633 restitution to the Utah, Pennsylvania, and Hawaii Departments of Labor.
According to U.S. Attorney David J. Freed, Hall and Blunt were convicted by a jury on March 10, 2017. Hall was convicted on 12 mail fraud counts, 10 money laundering counts, four aggravated identity theft counts, conspiracy to commit mail fraud, and conspiracy to commit money laundering. Blunt was convicted of conspiracy to commit mail fraud and aggravated identity theft. The jury also directed Hall to forfeit the sum of $30,000 and Blunt to forfeit $1,026.
Hall and Blunt applied for Veteran’s unemployment compensation benefits under the Unemployment Compensation for Ex-Service Members Program, commonly known as “The UCX Program.” The UCX Program is a federally funded U.S. Department of Labor program administered by the States. Hall assumed the identity of 10 individuals between 2013 and 2014 in order to receive benefits under the program. Blunt assumed the identity of one individual to receive benefits under the program.
“Hall and Blunt defrauded the Hawaii, Pennsylvania, and Utah unemployment insurance agencies by conspiring to steal the identities of ex-military members in order to receive benefits under the Unemployment Compensation for Ex-Service Members (UCX) Program. We will continue to work with our law enforcement partners to safeguard the UCX Program, a federally funded U.S. Department of Labor unemployment compensation program,” said Richard Deer, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
The investigation was conducted by the U.S. Department of Labor Office of Inspector General, U.S. Defense Criminal Investigative Service, U.S. Postal Inspection Service with assistance from Pennsylvania Department of Labor and Industry, Internal Audits Division, Pennsylvania Department of Labor and Industry, Office of Unemployment Compensation Benefits and Policy, and the Pennsylvania Department of the Treasury, Office of Unemployment Compensation Disbursements. Assistant U.S. Attorneys Kim Douglas Daniel and Scott R. Ford prosecuted the case.
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Wilkes-Barre Man Sentenced to Twelve Years in Prison for Possession with Intent to Distribute CocaineRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jahkel Lamar, age 37, of Wilkes-Barre, Pennsylvania, was sentenced on February 14, 2018, by U.S. District Court Judge Malachy E. Mannion to serve 12 years’ imprisonment and four years of supervised release for possession with intent to distribute crack cocaine.
According to United States Attorney David J. Freed, Lamar was indicted in September 2016, and previously pleaded guilty before Judge Mannion in April 2017. On September 1, 2016, Lamar was arrested at a bus terminal on Lackawanna Avenue in Scranton, and found in possession of approximately 127 grams of crack cocaine which Lamar intended to distribute. At the time of his arrest, Lamar had just returned to Scranton by bus from New York City.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Scranton Police Department, Special Investigations Division. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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Gettysburg Man Charged with Robbing PharmacyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Zachary Edward Kuhn, age 26, of Gettysburg, Pennsylvania, was charged in a criminal information on February 6, 2018, with the robbery of a pharmacy.
According to United States Attorney David J. Freed, the criminal information alleges that on June 20, 2016, the defendant attempted to rob a pharmacy located in Waynesboro, Pennsylvania.
The federal investigation was conducted by the Waynesboro Police Department and the Drug Enforcement Administration. Assistant United States Attorney Joseph J. Terz is prosecuting the case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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 25 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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Ebensburg Woman Sentenced for Removing Funds from Bank Customers’ AccountsRead the Press Release
JOHNSTOWN, Pa. - A resident of Ebensburg, Pa., has been sentenced in federal court to two months in prison, three years’ supervised release, with the first six months to be served as home confinement with electronic monitoring, on her conviction of misapplication of funds by a bank employee, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Tonya Wade, 44, of Ebensburg, Pa.
According to information presented to the court, from Sept. 17, 2012, to Aug. 29, 2013, Wade, while employed as a teller at C & G Savings Bank in Gallitzin, Pa, removed $23,175 from customers’ accounts and thereafter converted those funds to her personal use.
Assistant U.S. Attorney Stephanie L. Haines prosecuted this case on behalf of the government.
Mr. Brady commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Wade.
York Gang Member Who Stabbed A Witness While Awaiting Sentencing Gets Life in PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Yvette Kane sentenced Maurice Atkinson, a/k/a “Mo,” age 30, a member of a gang that has operated for a decade or more in the City of York, to life imprisonment on February 12, 2018, for racketeering and drug distribution conspiracies.
According to United States Attorney David J. Freed, Atkinson, who was identified as a member of the “Southside” street gang and the “Bloods,” was the fourth gang member from the “Southside” case that Judge Kane sentenced to life imprisonment.
At the sentencing hearing, the United States presented evidence of Atkinson’s involvement in the violent gang activity that was the subject of the two-month long trial and how Atkinson did not stop acting for the gang, even as he awaited sentencing.
Judge Kane also heard testimony from a cooperating Blood gang member, who was housed in Dauphin County Prison with Atkinson and other Blood/Southside gang members. The cooperating gang member testified that in September 2017, Atkinson and some of his fellow gang members suspected that he was an informant working with the police and suspected that he was disclosing how the gang was smuggling drugs and phones into the prison. On September 9, 2017, Atkinson and other gang members assaulted and repeatedly stabbed him in the back while he was in the prison shower. Video footage from the prison corroborated the attack.
The government noted that at the time of this prison assault, Atkinson was already facing a life sentence for being involved in the gang conspiracy. The government highlighted that evidence at trial included a video of a Southside gang melee with a rivals from “Parkway.” In the video footage, Atkinson can be seen repeatedly kicking, beating, and stomping a rival gang member.
Judge Kane noted that the violence associated with the gang was extraordinary. It included numerous killings, including the deaths of rival gang members, fellow gang members, innocent bystanders, and children. Prior attempts by state officials had “failed” to reform him. Even with the prospect of a life sentence pending before him in this federal case, Atkinson continued with his violent gang activities. With this backdrop, Judge Kane said that there is “very little to suggest that [Atkinson] would turn his back on this life.” Judge Kane indicated that Atkinson’s “life sentence was well-earned.”
In November 2015, a jury convicted Atkinson 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 imprisonment;
- 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 imprisonment;
- 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 imprisonment;
- Roscoe Villega, a/k/a “P Shawn,” age 44; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on November 15, 2017, to 25 years’ imprisonment;
- Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 7, 2017, to 200 months’ imprisonment;
- Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 21, 2017, to 165 months’ imprisonment;
- Richard Nolden, age 28; racketeering conspiracy was sentenced on December 21, 2017, to 25 years’ imprisonment;
- Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver was sentenced on June 5, 2017, to 33 months’ imprisonment;
- Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver was sentenced on November 10, 2016 to 34 months’ imprisonment;
- Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver was sentenced on May 15, 2017, to 60 months’ imprisonment.
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;
- Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver.
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 was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
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