Middle District of Pennsylvania

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Richard J. Morgan, age 54, of Shavertown, Pennsylvania, was sentenced by United States District Court Judge James M. Munley to 38 months’ imprisonment and five years of supervised release, for committing bank fraud and interfering with the administration of the internal revenue laws. Morgan was also ordered to pay $494,618.85 in restitution to his victims and the IRS.

According to United States Attorney David J. Freed, Morgan owned and operated Wilkes-Barre Bookkeeping LLC, a Shavertown, Pennsylvania-based business that provided payroll services to its clients.  Local businesses contracted Morgan to pay employee payroll and salary expenses, to file IRS Form 941 Employer Quarterly Federal Tax Returns, and to remit employment tax liabilities to federal, state and local taxation authorities.  For three of his clients, Morgan failed to file the IRS Forms 941 and remit the employment taxes to the appropriate authorities, instead embezzling the funds for his own personal use.  Between March 2010 and October 2016, Morgan embezzled $376,224.85 from those clients, all while lying to them about his activities.

Morgan also served as a Treasurer for a non-profit corporation and was tasked with selling its assets and winding up its operations when it closed in February 2010.  Instead, after paying the non-profit corporation’s outstanding liabilities, Morgan embezzled the remaining residual sales proceeds of $68,172.

When the IRS commenced an investigation of Morgan’s activities, he took steps to impede the revenue agents and conceal his embezzlements.  Morgan claimed to be working with fictitious IRS employees to resolve the matter, and provided the IRS with altered bank statements and accounting records.  Morgan owes the IRS approximately $50,222 for unpaid taxes on his embezzled funds.

In pronouncing the sentence, Judge Munley highlighted Morgan’s attempts to conceal his activities from the IRS, and that Morgan continued embezzling funds from one of his clients even after becoming aware of the federal criminal investigation into his activities.  Judge Munley also focused on Morgan’s use of the embezzled money to fund life luxuries, and the damages he inflicted on local small businesses and non-profit organizations.

The investigation was conducted by the Internal Revenue Service, Criminal Investigation Division.  Assistant United States Attorney Phillip J. Caraballo prosecuted the case.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Wyoming County dentist, Christopher Bereznak, age 48, was indicted by a federal grand jury on February 6, 2018, for unlawfully distributing controlled substances without a legitimate medical purpose.

According to United States Attorney David J. Freed, the 9-count indictment alleges that beginning in June 2016 and continuing into July 2016, Bereznak unlawfully provided controlled substances to someone with whom he had no legitimate doctor/patient relationship, without legitimate medical necessity, and outside the scope of a professional practice.

Bereznak’s license to practice dentistry in Pennsylvania and his DEA registration have been suspended.

The charges stem from an investigation by the Drug Enforcement Administration, Scranton, the Olyphant Police Department, and the Lackawanna County District Attorney’s Office. Assistant United States Attorney Michelle Olshefski is prosecuting the case.

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

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jesse Carey, age 30, of Wilkes-Barre, Pennsylvania, was indicted on February 6, 2018, by a federal grand jury for possession with the intent to distribute cocaine.   

According to United States Attorney David J. Freed, the indictment alleges that in August 2017, Carey was detained by the Mount Airy Lodge Casino Security staff for showing fake identification at the casino. After being detained, Carey tried to flee but security officers apprehended him with cocaine in his possession. 

The investigation was conducted by the Federal Bureau of Investigation and Pennsylvania State Police.  Assistant United States Attorney Evan Gotlob 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 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 drug conspiracy is 20 years imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael F. Bogdon, age 25, of Kingston, Pennsylvania, was indicted on February 6, 2018, by a federal grand jury for drug distribution resulting in death.

According to United States Attorney David J. Freed, the indictment alleges that on or about December 12, 2017, Bogdon knowingly and intentionally distributed and possessed with intent to distribute a controlled substance, fentanyl, a Schedule II controlled substance, resulting in the death of another.  Bogdon is also charged in a separate count with possession with intent to distribute a controlled substance.

The charges stem from a joint investigation involving the Federal Bureau of Investigation in Scranton, and the Kingston Police Department.  United States Attorney Michelle Olshefski is prosecuting the case.

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

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

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

The maximum penalty under federal law for drug distribution resulting in death is life imprisonment.  The maximum penalty for possession with intent to distribute a controlled substance is 20 years’ imprisonment, a term of supervised release following imprisonment, and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Romasiewicz, age 25, of Exeter, Pennsylvania, was sentenced to 20 months in prison on February 6, 2018, by Senior U.S. District Court Judge James M. Munley, for unlawfully possessing a firearm as a convicted felon.

According to United States Attorney David J. Freed, Romasiewicz previously admitted to possessing a handgun in late July-early August 2017. At the time Romasiewicz possessed the handgun, he had a previous conviction for a federal drug trafficking offense.

Romasiewicz was charged in an Information filed by the United States Attorney’s Office in October 2017.  Judge Munley also ordered Romasiewicz to serve three years on supervised release following his prison sentence.

The case was investigated by the Federal Bureau of Investigation. 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.

 

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Harvey Shaner, age 51, an inmate housed at the United States Federal Prison Camp, FCI Schuylkill, in Minersville, Pennsylvania, was indicted on February 6, 2018, by a federal grand jury with escape.

According to United States Attorney David J. Freed, Shaner escaped from the United States Federal Prison Camp, FCI Schuylkill, in Minersville, Pennsylvania on December 22, 2017.  He was subsequently taken into custody on January 3, 2018. 

The investigation was conducted by the United States Marshals Service in Scranton.  Assistant United States Attorney Michelle Olshefski is prosecuting the case.

Indictments and Criminal Informations are only allegations.  

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

In this case, the maximum penalty under the federal escape statute is 5 years’ imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

            SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Laurence Cadogan, age 33, of Stroudsburg, pleaded guilty today to charges of heroin trafficking and unlawfully possessing a firearm in furtherance of drug trafficking, before U.S. District Court Judge Malachy E. Mannion.

            According to United States Attorney David J. Freed, Cadogan, admitted to possessing with intent to distribute between 60 grams and 80 grams of heroin and unlawfully possessing two firearms in furtherance of drug trafficking. The crimes allegedly occurred on October 26, 2016, in Tannersville. Police and federal agents seized more than 3000 bags of heroin and two firearms during the investigation. Cadogan also agreed to forfeit the two firearms seized by agent.

            Judge Mannion ordered a pre-sentence investigation to be completed. Sentencing will be scheduled after the submission of a pre-sentence report to the court.

            Cadogan was indicted by a grand jury in February 2017.

            The charges against the Cadogan resulted from an investigation by the Drug Enforcement Administration (DEA) and the Stroud Area Regional Police Department. Assistant U.S. Attorney Francis P. Sempa 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 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.

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

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport indicted a prisoner at the Federal Correctional Institute Allenwood (FCI Allenwood) on the charge of possessing a weapon in prison.  

            According to United States Attorney David J. Freed, Lavon Caldwell, age 36, was found in possession of two improvised shanks during a search conducted on March 7, 2017.   

            The charges stem from an investigation by officers at FCI Allenwood and agents of the Federal Bureau of Investigation.  Special Assistant United States Attorney Michael P. FiggsGanter is prosecuting the case.

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

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

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

 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today a settlement with Cumberland County, PA, 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 April 26, 2016 primary election, the United States Attorney’s Office, along with an architect from the Department of Justice, surveyed 52 of the county’s 118 polling place locations.  The survey resulted in a finding that many of the county’s polling places contained barriers 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.  Thus, the ADA requires Cumberland County to select and use polling places that are accessible to persons with disabilities. 

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

“The right to vote should not be impeded, as it is the foundation of our democracy,” said U.S. Attorney Freed.  “We commend Cumberland County for their cooperation in meeting their ADA obligations so that all persons with disabilities have equal opportunities to vote 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. 

 

# # #

Harrisburg - The United States Attorney’s Office for the Middle District of Pennsylvania announced that it withdrew an appeal of an April 20, 2017 district court decision that included findings of fact and conclusions of law, and its verdict and judgment on May 9, 2017. 

In this FTCA medical malpractice action, the district court entered a verdict in favor of Plaintiffs Christina Late and Nathan Armolt, individually, and as parents and natural guardians of D.A., a minor.  The court awarded plaintiffs $103,967.10 in past medical expenses; $5,000,000 in past and future noneconomic damages; and $3,553,616 in lost earnings and fringe benefits.  The court also awarded plaintiffs future medical expenses at a present value of $9,309,503.90 and at a future value of $32,984,383.50.  

The future value payment of $32,984,383.50 will be provided to the Clerk’s Office for the Middle District of Pennsylvania.  The Clerk will deposit the money in an interest bearing account.  The Clerk will then make yearly payments to the Plaintiffs per the Court’s schedule for the next 74 years.  All interest earned in the account will be returned to the United States at the end of the 74 years or when the minor dies, whichever occurs first.

According to United States Attorney David J. Freed, the United States often files protective notice of appeal, while the Solicitor General’s Office determines whether an appeal should be continued.  In this case, the Solicitor General’s Office determined that an appeal should not proceed.  Because of attorney-work product and deliberative-process considerations, no further information can be provided about this decision. 

“The United States Attorney’s Offices throughout the country are tasked with defending government employees accused of medical malpractice, and there are times when district courts will find our employees negligent,” said U.S. Attorney Freed.  “Our mission, however, is to defend the government’s employees and to limit damages with the assistance of medical and economic experts.  We respect the court’s decision in this matter, and wish nothing but the best for the minor child and his parents.”

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on January 31, 2018, United States District Court Judge Malachy E. Mannion sentenced Evans Samuel Santos Diaz, age 33, of Pittston, Pennsylvania, to 33 months’ imprisonment for his role in a drug conspiracy. 

According to United States Attorney David J. Freed, Santos Diaz was convicted after a three-day trial in August 2017, of conspiring to distribute cocaine and 30 grams of heroin (which equates to approximately 1,200 individual doses) throughout Northeastern Pennsylvania between February and April 2016.

Santos Diaz was indicted by a grand jury on October 25, 2016.

The investigation was conducted by the Drug Enforcement Administration, the Federal Bureau of Investigation, Pennsylvania State Police, and the Scranton and Wilkes-Barre Police Departments.  Assistant United States Attorneys Evan Gotlob and Sean Camoni 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.

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Amaury Guzman-Escobar, age 31, of Hazleton, Luzerne County, was sentenced today by United States District Court Judge Malachy E. Mannion, to serve two years in prison on the charge of conspiracy to make false statements to a federally licensed firearms dealer. 

According to United States Attorney David J. Freed, Guzman-Escobar admitted that he and another individual, Crystal Muentes, age 34, of Scranton, provided false information regarding the purchase of two firearms from Dave’s Gun Shop, in Drums, Luzerne County, on June 1, 2016 and June 17, 2016, and the purchase of a firearm from Ed’s Sports Shop in Tamaqua, Schuylkill County, on June 17, 2016.  Two of the firearms purchased by Guzman-Escobar and Muentes were later recovered in the mail by Postal Inspectors in Puerto Rico.

In addition to the sentence of imprisonment, Judge Mannion ordered that Guzman-Escobar be supervised by a probation officer for three years after his release from prison.   

Crystal Muentes was previously sentenced by Judge Mannion to serve two years of probation. 

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Postal Inspection Service.   Members of the Scranton Police Department also participated in the investigation.  Assistant U.S. Attorney Robert J. O’Hara prosecuted the case.

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Portanova, age 27, of Hazleton, was indicted on January 23, 2018, by a federal grand jury for receiving child pornography. The case was unsealed following Portanova’s initial appearance before United States Magistrate Judge Karoline Mehalchick.

According to United States Attorney David J. Freed, the indictment alleges that Portanova committed the offense between August 2017 and October 30, 2017, in Luzerne County. The indictment also alleges that Portanova used a computer and cell phone to commit the crime.

The indictment further alleges that Portanova committed the offense after having been convicted of dissemination and possession of child pornography in Luzerne County in 2014.  

The case was investigated by Homeland Security Investigations and the Luzerne County District Attorney’s Office. Assistant United States Attorney Francis P. Sempa is prosecuting the case.

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

The maximum penalty under federal law for these offenses is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Saquan Parker, age 34, of Harrisburg, Pennsylvania, was sentenced on February 1, 2018, by United States District Court Judge Yvette Kane to 180 months’ imprisonment for firearm charges.

According to United States Attorney David J. Freed, on August 18, 2015, Parker and co-defendant Jordan Keys tried to sell four stolen firearms (CBC .22 caliber rifle, Remington 12 gauge shotgun, Winchester 30/30 rifle, and a Marlin .22 caliber rifle) to a pawn broker in Susquehanna Township, Dauphin County. Parker and Keys were arrested at that time by the Susquehanna Township Police Department. Parker was a convicted felon who illegally possessed the four stolen firearms.

Keys was sentenced on November 16, 2017, to 36 months’ imprisonment.

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

The investigation was conducted by Harrisburg Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Susquehanna Township and Fairview Township Police Departments. Assistant United States Attorneys William Behe and Michelle Olshefski prosecuted the case.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on January 30, 2018, a federal grand jury in Scranton returned a superseding indictment charging Roberto Torner, age 44, a resident of Freeland, Pennsylvania, with additional explosives offenses.

According to United States Attorney David J. Freed, the superseding indictment alleges that Torner possessed stolen C-4 explosives between September 6, 2017 to January 5, 2018. Torner and two other individuals, Liza Robles, age 33, and David Alzugaray-Lugones, age 48, previously were charged with various heroin distribution and firearms offenses on November 7, 2017. Torner was on pretrial release at the time of the alleged explosives offenses, but has since been taken into custody.

Torner, Robles and Alzugaray-Lugones were previously charged with conspiring to distribute heroin from June 2, 2015 to June 8, 2015. All three individuals also were charged with distributing heroin on June 8, 2015.

Torner and Robles were previously charged with conspiring, from May 12, 2012 to August 28, 2017, to provide firearms and ammunition to a convicted felon and to possess firearms and ammunition as a convicted felon. The indictment alleges that Robles purchased six firearms from various federal firearms licensees and other unnamed individuals, including two assault rifles, and provided them to Torner, a convicted felon prohibited from purchasing firearms. The indictment also alleges that Torner purchased a shotgun from an unnamed individual.

Robles also was initially charged with providing firearms and ammunition to Torner, despite knowing of his status as a felon. Torner also was charged with being a felon in possession of firearms and ammunition. Alzugaray-Lugones also was initially charged with being an illegal alien in possession of a firearm and ammunition.

The superseding indictment seeks forfeiture of $4,000, over 1,500 rounds of ammunitions, and various firearms seized during the investigation. The firearms are:

• Magnum Research 1911U .45acp;

• Hi-Point JHP .45acp;

• Stag Arms STAG-15, .223 cal. (a semiautomatic firearm that is capable of accepting a large capacity magazine);

• Mossberg 500 12-gauge shotgun;

• Norinco MAC90 (a semiautomatic firearm that is capable of accepting a large capacity magazine); and a

• Tikka T3, 30.06 rifle.

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

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms. The 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 maximum penalties under federal law for the most serious narcotics charges are 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalties under federal law for the most serious firearms and explosives charges are 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant. # # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wendi E. Detter, age 44, of York, Pennsylvania, was charged in a criminal information on January 31, 2018, with wire fraud.

According to United States Attorney David J. Freed, Detter, who had been President and part owner of YCP, Inc., a construction and excavation business, embezzled more than $100,000 from YCP, Inc.  The information alleges from January 2010 through June 2016, Detter used her position and her access to financial accounts to write herself checks for her own personal use and financial gain.  The information also alleges that, in order to conceal the embezzlement, Detter made false entries in the company's QuickBooks accounting software she maintained as part of her duties.

The investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Joseph J. Terz is prosecuting the case.

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

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

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

 

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton returned a second superseding indictment on January 30, 2018, charging two additional defendants, Arthur Taylor, age 35, of Tobyhanna, PA and Jordan Capone, age 23, of Mt. Pocono, PA, with participating in Monroe County-based drug and sex trafficking conspiracies.  

According to United States Attorney David J. Freed, the second superseding indictment charges Taylor, Capone, and Jamiell Sims, age 29, of East Stroudsburg, PA, with conspiring with each other and others, to distribute and possess with intent to distribute cocaine base (“crack”), percocet, molly (MDMA), and heroin in an operation that allegedly stretched from New York to Stroudsburg, Pennsylvania to the state of Maine. The second superseding indictment alleges that the drug trafficking conspiracy began in 2010, and continued until the present.

The case was unsealed today following the arrest of Taylor and Capone. Sims had been charged in a previous indictment in October 2016.  All three defendants are in custody.   

It is alleged that the defendants were involved in trafficking more than 100 grams of heroin, which is approximately equivalent to more than 4,000 retail bags. Sims is also charged with four counts of distributing heroin in September-October 2016, and Capone is charged with possession with intent to distribute “molly” (MDMA) during 2012-2014.

The second superseding indictment further alleges that Taylor, Capone, and Sims conspired with each other and others to commit sex trafficking by force, fraud and coercion. All three defendants are also charged with four counts of sex trafficking by force, fraud and coercion taking place between 2011 and 2014.

The second superseding indictment alleges that the defendants were part of a street gang known as the “Black P-Stones,” whose members allegedly were “beaten-in” or “sexed-in” to the gang.

According to the second superseding indictment, the defendants and/or their co-conspirators obtained heroin and other drugs from suppliers in New York and elsewhere, and distributed the drug to others in Monroe County, Pennsylvania, and Maine.   

It is further alleged that the defendants used intimidation and drugs to coerce females to engage in prostitution at hotels and motels in the Monroe County area, and posted advertisements on the adult entertainment section of a website to solicit customers for prostitution.

Sims is also charged with attempting to tamper with a witness connected to the case. Taylor is charged with conspiracy to interfere with commerce (drugs and money) by robbery.

The charges against the defendants resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, Maine State Police, and local police in Monroe County. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

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

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.

If convicted of the drug conspiracy charge, the defendants face a mandatory minimum sentence of five years’ imprisonment and a potential maximum sentence of 40 years’ imprisonment. The drug distribution counts against Sims and Capone each carry a potential maximum sentence of 20 years’ imprisonment. The sex trafficking offenses carry a mandatory minimum sentence of 15 years’ imprisonment and a potential maximum sentence of life imprisonment. Sims’ witness tampering charge carries a potential maximum sentence of 20 years’ imprisonment. Taylor’s charge of interference with commerce by robbery carries a potential maximum sentence of 20 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge Malachy E. Mannion sentenced Sean Jelen, age 35, of Breezy Point, NY, to 70 months’ imprisonment and four years of supervised release on January 31, 2018, for bank fraud and attempted bank fraud offenses.

According to United States Attorney David J. Freed, Jelen served as the CEO of Valor Federal Credit Union (Valor), now known as Pentagon Federal Credit Union, from 2012 to 2015.  In July 2016, Jelen pleaded guilty to defrauding and attempting to defraud Valor and several insurance companies, both before and after his tenure as CEO.  Jelen’s criminal activities, many of which involved the use of forged and altered documents, and the impersonation of others, included:

• Causing Valor to pay $34,500 of his personal credit card debt by forging a fake service contract between Valor and a non-existent entity;
• Obtaining a $450,000 line of credit from Valor by using altered bank records to conceal his existing mortgage liability;
• Causing Valor to pay over $30,000 to fund his wife’s birthday party, by forging a fake service contract between Valor and a non-existent entity;
• Embezzling nearly $140,000 from Valor by causing it to double-pay his life insurance premium directly to his own bank account;
• Rigging the Valor Board of Directors election to elect two candidates who he subsequently impersonated;
• Causing Valor to fund a $25,000 golf tournament sponsorship at his alma mater, while altering records to disguise it as a donation to a local soup kitchen;
• Providing false documents to the National Credit Union Administration to deflect its investigation of his activities;
• Forging a severance contract in an attempt to trigger millions of dollars in payouts and benefits upon his termination from Valor;
• Attempting to obtain the surrender value of various life insurance contracts owned by Valor; and
• Impersonating his physician, psychiatrist, and former employee in an attempt to obtain disability insurance payments after his termination from Valor.

In pronouncing the sentence, Judge Mannion highlighted the disturbing nature of Jelen’s conduct, and that his criminal activities continued after he was aware of the federal criminal investigation.  Judge Mannion also focused on Jelen’s use of embezzled money to fund life luxuries, naming greed and power as his motivation.

Judge Mannion ordered Jelen to pay $694,971.88 in restitution to the victims of his crimes.  The United States is seeking forfeiture of a vacation home in Breezy Point, New York, that Jelen purchased with the proceeds of his frauds.

The investigation was conducted by the Federal Bureau of Investigation.  The case was prosecuted by Assistant United States Attorneys Phil Caraballo and Evan Gotlob.

# # #

HARRISBURG – A Lemon Grove, California resident, and a Harrodsburg, Kentucky resident were convicted on January 25, 2018, on multiple child exploitation crimes, including conspiracy offenses, in Harrisburg, Pennsylvania after a seven-day jury trial before United States District Court Judge Yvette Kane, announced U.S. Attorney David J. Freed of the Middle District of Pennsylvania, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Deputy Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). 

 

William Staples, 57, a resident of Harrodsburg, Kentucky, was found guilty of conspiracy to advertise child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.

 

Dylan Heatherly, 34, a student in Lemon Grove, California, was found guilty of conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.

 

A sentencing date has not yet been scheduled.

 

“Yesterday’s verdicts mark the latest chapter in the Department’s unwavering commitment to targeting dangerous child sex offenders,” said Acting Assistant Attorney General Cronan.  “The prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a six-year-old child on a live-streaming, video-conferencing platform, resulted in 15 fewer child predators on our streets.  We will continue to work closely with our domestic and foreign law enforcement partners to identify and punish child sex offenders who seek to use technological means to commit their heinous crimes.”

 

 “The production and distribution of child sexual abuse material is a horrific crime that can negatively affect victims for their entire lives,” said HSI Deputy Executive Associate Director Benner. “ICE agents are committed to aggressively investigating these crimes to ensure that child predators can’t maintain anonymity behind emerging online platforms and complicated criminal schemes.”  

 

“Yesterday’s verdicts and the results in all of these prosecutions provide a stark reminder that criminals who would harm and exploit our children in the most devastating ways know no boundaries: local, state or national,” said United States Attorney Freed.  “This case began with the sharp eyes of a Toronto police detective and involved local, state and federal law enforcement in an outstanding concerted effort to bring these predators to justice and save the lives of their victims.  We owe a great debt to the dedicated law enforcement agents and prosecutors who have seen this case to a successful conclusion.”

 

According to trial evidence, between April 11, 2014 and May 11, 2016, Staples, Heatherly, and 12 co-conspirators located in different states worked together and with others to create a secure space on a video conferencing website where like-minded individuals could regularly live-stream videos of child pornography of prepubescent children, some as young as infants, to each other in an effort to minimize any evidence of such child pornography being located on their individual devices. In addition to streaming pre-recorded videos of child pornography, on July 22, 2015, an undercover Toronto Police Detective Constable observed a six-year-old child being sexually abused live via video conference for everyone in the secure space to see. Many individuals commented on and encouraged the sexual abuse of the child in real time. The following day, on July 23, 2015, law enforcement rescued the child and arrested co-conspirator William Augusta who had been sexually abusing the child.

 

In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial: 

 

William Augusta, 21, a resident of Carlisle, Pennsylvania, pleaded guilty on Oct. 28, 2016, to each of the 13 counts with which he was charged, including multiple counts of production of child pornography involving two different children.  On Oct. 31, 2017, Judge Kane sentenced Augusta to serve 60 years in prison to be followed by a lifetime of supervised release.

 

Scott Lane, 34, former Executive Director of Donor Relations and Fundraising Programs for Pace University, of Manhattan, pleaded guilty on Jan. 11, five days before trial was set to begin, to each of the six counts with which he was charged, including conspiracy to produce child pornography; aiding and abetting the production of child pornography; conspiracy to advertise child pornography; advertising child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography. A sentencing date has not yet been scheduled.

 

Matthew Fensler, 25, a resident of Phoenix, Arizona, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography and conspiracy to advertise child pornography.  On July 27, 2017, Judge Kane sentenced Fensler to serve 35 years in prison to be followed by 15 years of supervised release.

 

David Sewell, 31, a resident of Ft. Lauderdale, Florida, pleaded guilty on Dec. 12, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography.  On July 27, 2017, Judge Kane sentenced Sewell to serve 35 years in prison to be followed by 15 years of supervised release.

 

Moises Marquez, 30, a resident of San Diego, California, pleaded guilty on Sept. 28, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography.  On June 28, 2017, Judge Kane sentenced Marquez to serve 30 years in prison to be followed by 15 years of supervised release.

 

Jason Bolden, 47, a resident of Duluth, Georgia, pleaded guilty on Dec. 14, 2016, to conspiracy to advertise child pornography.  On July 26, 2017, Judge Kane sentenced Bolden to serve 30 years in prison to be followed by 10 years of supervised release.

 

Franklyn Molina, 35, a resident of Shippensburg, Pennsylvania, pleaded guilty on March 24, 2017, to conspiracy to advertise child pornography and to an Information separately charging receipt of child pornography.  On Sept. 20, 2017, Judge Kane sentenced Molina to serve 195 months in prison to be followed by 15 years of supervised release.

 

Casey O’Dell, 34, a resident of Albuquerque, New Mexico, pleaded guilty on Dec. 14, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography.  On Oct. 24, 2017, Judge Kane sentenced O’Dell to serve 40 years in prison to be followed by 15 years of supervised release.

 

James Reese, 59, a resident of Des Moines, Iowa, pleaded guilty on Oct. 28, 2016, to conspiracy to advertise child pornography.  On Nov. 7, 2017, Judge Kane sentenced Reese to serve 20 years in prison to be followed by 10 years of supervised release.

 

Paul Stamm, 56, a resident of Cincinnati, Ohio, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography, a charge unrelated to the video conferencing website.  On Sept. 28, 2017, Judge Kane sentenced Stamm to serve 30 years in prison to be followed by 15 years of supervised release.

 

Ed Westbury, 64, a resident of Lufkin, Texas, pleaded guilty on Dec. 8, 2016, to conspiracy to receive/distribute child pornography.  On June 14, 2017, Judge Kane sentenced Westbury to serve 78 months in prison to be followed by 10 years of supervised release.

 

Christopher Wehr, 45, a resident of Duluth, Georgia, pleaded guilty on Jan. 23, 2017, to conspiracy to advertise child pornography.  Wehr died prior to sentencing.

 

The remaining defendant, Bruce Edgecombe, 69, of  Harvard, Illinois died before his case went to trial.  

 

HSI, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case with assistance from CEOS’s High Technology Investigative Unit.  Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Meredith Taylor of the Middle District of Pennsylvania are prosecuting the case. 

 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.

 

# # #

 

A Lemon Grove, California resident, and a Harrodsburg, Kentucky resident were convicted today of multiple child exploitation crimes, including conspiracy offenses, in Harrisburg, Pennsylvania after a seven-day jury trial, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney David J. Freed of the Middle District of Pennsylvania and Deputy Executive Associate Director Derek Benner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). 

 

William Staples, 57, a resident of Harrodsburg, Kentucky, was found guilty of conspiracy to advertise child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.

 

Dylan Heatherly, 34, a student in Lemon Grove, California, was found guilty of conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography.

 

A sentencing date has not yet been scheduled.

 

“Today’s verdicts mark the latest chapter in the Department’s unwavering commitment to targeting dangerous child sex offenders,” said Acting Assistant Attorney General Cronan.  “The prosecution of the 15 individuals in this case, many of whom were responsible for the reprehensible sexual abuse of a six-year-old child on a live-streaming, video-conferencing platform, resulted in 15 fewer child predators on our streets.  We will continue to work closely with our domestic and foreign law enforcement partners to identify and punish child sex offenders who seek to use technological means to commit their heinous crimes.”

 

 “The production and distribution of child sexual abuse material is a horrific crime that can negatively affect victims for their entire lives,” said HSI Deputy Executive Associate Director Benner. “ICE agents are committed to aggressively investigating these crimes to ensure that child predators can’t maintain anonymity behind emerging online platforms and complicated criminal schemes.”  

 

According to trial evidence, between April 11, 2014 and May 11, 2016, Staples, Heatherly, and 12 co-conspirators located in different states worked together and with others to create a secure space on a video conferencing website where like-minded individuals could regularly live-stream videos of child pornography of prepubescent children, some as young as infants, to each other in an effort to minimize any evidence of such child pornography being located on their individual devices. In addition to streaming pre-recorded videos of child pornography, on July 22, 2015, an undercover Toronto Police Detective Constable observed a six-year-old child being sexually abused live via video conference for everyone in the secure space to see. Many individuals commented on and encouraged the sexual abuse of the child in real time. The following day, on July 23, 2015, law enforcement rescued the child and arrested co-conspirator William Augusta who had been sexually abusing the child.

 

In May 2016, 15 individuals were charged in an 18-count superseding indictment by a grand jury in the Middle District of Pennsylvania with multiple child exploitation offenses, many of which related to 14 co-conspirators’ involvement in using the video conferencing website to produce, advertise, distribute, and/or receive child pornography. Twelve of the defendants pleaded guilty prior to trial:

 

• William Augusta, 21, a resident of Carlisle, Pennsylvania, pleaded guilty on Oct. 28, 2016, to each of the 13 counts with which he was charged, including multiple counts of production of child pornography involving two different children.  On Oct. 31, 2017, Judge Kane sentenced Augusta to serve 60 years in prison to be followed by a lifetime of supervised release.
• Scott Lane, 34, former Executive Director of Donor Relations and Fundraising Programs for Pace University, of Manhattan, pleaded guilty on Jan. 11, five days before trial was set to begin, to each of the six counts with which he was charged, including conspiracy to produce child pornography; aiding and abetting the production of child pornography; conspiracy to advertise child pornography; advertising child pornography; conspiracy to receive/distribute child pornography and aiding and abetting the receipt/distribution of child pornography. A sentencing date has not yet been scheduled.
• Matthew Fensler, 25, a resident of Phoenix, Arizona, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography and conspiracy to advertise child pornography.  On July 27, 2017, Judge Kane sentenced Fensler to serve 35 years in prison to be followed by 15 years of supervised release.
• David Sewell, 31, a resident of Ft. Lauderdale, Florida, pleaded guilty on Dec. 12, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography.  On July 27, 2017, Judge Kane sentenced Sewell to serve 35 years in prison to be followed by 15 years of supervised release.
• Moises Marquez, 30, a resident of San Diego, California, pleaded guilty on Sept. 28, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography.  On June 28, 2017, Judge Kane sentenced Marquez to serve 30 years in prison to be followed by 15 years of supervised release.
• Jason Bolden, 47, a resident of Duluth, Georgia, pleaded guilty on Dec. 14, 2016, to conspiracy to advertise child pornography.  On July 26, 2017, Judge Kane sentenced Bolden to serve 30 years in prison to be followed by 10 years of supervised release.
• Franklyn Molina, 35, a resident of Shippensburg, Pennsylvania, pleaded guilty on March 24, 2017, to conspiracy to advertise child pornography and to an Information separately charging receipt of child pornography.  On Sept. 20, 2017, Judge Kane sentenced Molina to serve 195 months in prison to be followed by 15 years of supervised release.
• Casey O’Dell, 34, a resident of Albuquerque, New Mexico, pleaded guilty on Dec. 14, 2016, to conspiracy to produce child pornography and conspiracy to advertise child pornography.  On Oct. 24, 2017, Judge Kane sentenced O’Dell to serve 40 years in prison to be followed by 15 years of supervised release.
• James Reese, 59, a resident of Des Moines, Iowa, pleaded guilty on Oct. 28, 2016, to conspiracy to advertise child pornography.  On Nov. 7, 2017, Judge Kane sentenced Reese to serve 20 years in prison to be followed by 10 years of supervised release.
• Paul Stamm, 56, a resident of Cincinnati, Ohio, pleaded guilty on Jan. 4, 2017, to conspiracy to produce child pornography, a charge unrelated to the video conferencing website.  On Sept. 28, 2017, Judge Kane sentenced Stamm to serve 30 years in prison to be followed by 15 years of supervised release.
• Ed Westbury, 64, a resident of Lufkin, Texas, pleaded guilty on Dec. 8, 2016, to conspiracy to receive/distribute child pornography.  On June 14, 2017, Judge Kane sentenced Westbury to serve 78 months in prison to be followed by 10 years of supervised release.
• Christopher Wehr, 45, a resident of Duluth, Georgia, pleaded guilty on Jan. 23, 2017, to conspiracy to advertise child pornography.  Wehr died prior to sentencing.
• The remaining defendant, Bruce Edgecombe, 69, of  Harvard, Illinois died before his case went to trial.

 

HSI, the Toronto Police Service, the Kentucky Attorney General’s Office, and the North Middleton Police Department investigated the case with assistance from CEOS’s High Technology Investigative Unit.  Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Meredith Taylor of the Middle District of Pennsylvania are prosecuting the case. 

 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.

HARRISBURG – United States Attorney David J. Freed for the Middle District of Pennsylvania, Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, and Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division announce that two owners of a Pennsylvania biofuel company were charged in a superseding indictment today with conspiring to defraud the Internal Revenue Service (IRS) and aiding and assisting in the preparation of a fraudulent fuel tax credit refund claim.

 

According to the superseding indictment, Ben Wootton, age 52, of Pennsylvania, and Race Miner, age 48, of Colorado owned and operated Keystone Biofuels Inc., located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Wootton, serving as President, and Miner, serving as Chief Executive Officer, are alleged to have participated in a conspiracy to defraud the IRS by, among other things, fraudulently claiming tax refunds based on the Biodiesel Mixture Credit – a federal excise tax credit for persons or businesses who mix biodiesel with diesel fuel and use or sell the mixture as a fuel.  Biodiesel is a type of renewable fuel that meets a set of specific requirements.  

 

According to the superseding indictment, the Biodiesel Mixture Credit was available only on fuel meeting those requirements that the claimant had mixed with diesel fuel.  Wootton and Miner allegedly caused Keystone to fraudulently seek tax refunds from the IRS by claiming the credit based on non-qualifying and, in at least some instances, non-existent or non-mixed fuel.  The indictment further alleges that Wootton and Miner created false books and records and supporting documents to account for the nonexistent fuel; engaged in a series of sham financial transactions to give the false books and records the appearance of legitimacy; and sought to obstruct an ongoing IRS investigation by providing false documentation to an IRS Special Agent.

 

These charges are in addition to those previously lodged against Wootton and Miner. In a May 2017 indictment, both men, along with Keystone Biofuels Inc., were charged with conspiring to make false statements to the Environmental Protection Agency (EPA) and making false statements to the EPA.

 

If convicted, Wootton and Miner face a statutory maximum sentence of five years in prison for conspiracy and three years in prison for aiding and assisting in the filing a false refund claim.  They also face a period of supervised release, restitution, and monetary penalties.

 

An indictment merely alleges that crimes have been committed.  The defendants are presumed innocent until proven guilty beyond a reasonable doubt.

 

U.S. Attorney Freed, Principal Deputy Assistant Attorney General Zuckerman, and Acting Assistant Attorney General Wood, praised special agents of IRS Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division, who conducted the investigation, and Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard Stewart of the Justice Department’s Environmental and Natural Resources Division, Environmental Crimes Section, who are prosecuting the case.

 

 

# # #

 

Two owners of a Pennsylvania biofuel company were charged in a superseding indictment today with conspiring to defraud the Internal Revenue Service (IRS) and aiding and assisting in the preparation of a fraudulent fuel tax credit refund claim, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division, Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division and U.S. Attorney David J. Freed for the Middle District of Pennsylvania.

 

According to the superseding indictment, Ben Wootton, of Pennsylvania, and Race Miner, of Colorado owned and operated Keystone Biofuels Inc., located in Shiremanstown, Pennsylvania, and later in Camp Hill, Pennsylvania. Wootton, serving as President, and Miner, serving as Chief Executive Officer, are alleged to have participated in a conspiracy to defraud the IRS by, among other things, fraudulently claiming tax refunds based on the Biodiesel Mixture Credit – a federal excise tax credit for persons or businesses who mix biodiesel with diesel fuel and use or sell the mixture as a fuel.  Biodiesel is a type of renewable fuel that meets a set of specific requirements.  

 

According to the superseding indictment, the Biodiesel Mixture Credit was available only on fuel meeting those requirements that the claimant had mixed with diesel fuel.  Wootton and Miner allegedly caused Keystone to fraudulently seek tax refunds from the IRS by claiming the credit based on non-qualifying and, in at least some instances, non-existent or non-mixed fuel.  The indictment further alleges that Wootton and Miner created false books and records and supporting documents to account for the nonexistent fuel; engaged in a series of sham financial transactions to give the false books and records the appearance of legitimacy; and sought to obstruct an ongoing IRS investigation by providing false documentation to an IRS Special Agent.

 

These charges are in addition to those previously lodged against Wootton and Miner. In a May 2017 indictment, both men, along with Keystone Biofuels Inc., were charged with conspiring to make false statements to the Environmental Protection Agency (EPA) and making false statements to the EPA.

 

If convicted, Wootton and Miner face a statutory maximum sentence of five years in prison for conspiracy and three years in prison for aiding and assisting in the filing of a false refund claim.  They also face a period of supervised release, restitution, and monetary penalties.

 

An indictment merely alleges that crimes have been committed.  The defendants are presumed innocent until proven guilty beyond a reasonable doubt.

 

Principal Deputy Assistant Attorney General Zuckerman, Acting Assistant Attorney General Wood, and U.S. Attorney Freed praised special agents of IRS Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division, who conducted the investigation, and Assistant U.S. Attorney Geoffrey MacArthur, Special Assistant U.S. Attorney David Lastra, Trial Attorneys Mark Kotila and Kimberly Ang of the Justice Department’s Tax Division and Senior Litigation Counsel Howard P. Stewart of the Justice Department’s Environmental and Natural Resources Division, Environmental Crimes Section, who are prosecuting the case.

 

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Rafael Lora, age 42, of Hazleton, Pennsylvania, was charged in a superseding indictment on January 23, 2018, with additional cocaine trafficking offenses.

 

According to United States Attorney David J. Freed, Lora and a co-defendant, Luis Santos, were charged on April 14, 2016, with conspiring to distribute cocaine, and with possessing with the intent to distribute cocaine.  The conspiracy allegedly lasted throughout the month of March 2015.

 

The superseding indictment alleges that Lora possessed with the intent to distribute in excess of 500 grams of cocaine, and conspired to do the same.  Lora also was charged with the unlawful use of a cellular telephone to facilitate the cocaine trafficking offenses, and with maintaining a drug premises.

 

Santos, who is scheduled to plead guilty on February 27, 2018, was not included in the superseding indictment.

 

The investigation was conducted by Homeland Security Investigations, with assistance from the U.S. Postal Inspection Service, Customs and Border Patrol, Pennsylvania State Police and the Hazleton Police Department.  Assistant U.S. Attorney Phillip J. Caraballo is prosecuting the case. 

 

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

 

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

 

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

 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the painting contractor on the George Wade Bridge Project,  Andrew Manganas, age 60, of Canonsburg, Pennsylvania and Panthera Painting, Inc., headquartered in Canonsburg, pled guilty on January 22, 2018, to theft from union plans, wire fraud, and discharge of pollutants into the Susquehanna River.

 

According to United States Attorney David J. Freed, Manganas and his company, Panthera Painting, Inc. were charged in a 46-count indictment for crimes related to Panthera’s role as a subcontractor on the multi-year George Wade Bridge restoration project.  In September  2009, PennDOT awarded a contract for rehabilitation work on the George Wade Bridge to J.D. Eckman as the prime contractor.  The George Wade Bridge spans the Susquehanna River on Interstate 81 in Cumberland and Dauphin Counties, Pennsylvania.  The Wade Bridge Project was a federal oversight project, meaning that the Federal Highway Administration of the U.S. Department of Transportation conducted reviews and approvals during the project’s design and construction phases.  The contract amount was $42,480,434.05 with the FHWA’s federal-aid programs reimbursing 90 percent of that cost. The Wade Bridge Project was scheduled to be completed on May 25, 2012, but was extended to September 27, 2013.  In October 2009, Panthera was awarded a $9,875,000 subcontract by Eckman; that contract amount was increased to more than $10 million.  The subcontract awarded to Panthera covered the blasting, resurfacing, and painting of the structural steel on the George Wade Bridge.

 

The federal oversight and funding of the contract required each contractor and subcontractor to submit Certified Payroll Reports for every worker and every pay period to certify that the appropriate prevailing wage was being paid to each worker.  Manganas and Panthera pleaded guilty to submitting false payroll reports that did not accurately reflect the amount workers were being paid.  Manganas paid only partial wages in a wage check that did not include overtime pay.  He then paid overtime in a separate “per diem” check that did not properly deduct taxes and remittances, some of which were owed to the unions of which the workers were members.  By under-reporting wages paid, Manganas defrauded the federal agencies paying for the bridge work.  By failing to properly remit wages to the unions, Manganas effectively stole money from the workers and the union.  Moreover, Manganas and Panthera pled guilty to knowingly discharging pollutants into the Susquehanna River over the course of three painting seasons of the Project.  The contract and environmental laws prohibit the discharge of pollutants without a permit.  Panthera and Manganas were supposed to utilize various methods to ensure that pollutants did not enter the Susquehanna River, including construction of “containment” to cover bridge areas being blasted clean and repainted.  Containment involved using ropes, cables, fabric, metal pans and waste collection and recycling systems on segments of the bridge being blasted and repainted to prevent pollutants from being discharged into the River.  Manganas knew he did not have a permit to discharge pollutants into the River, but Panthera workers, at Manganas’ direction and with his knowledge, utilized a variety of methods and equipment to discharge pollutants, including abrasive paint blasting materials, waste paint, and metal, into the Susquehanna River rather than collect them for recycling or disposal as hazardous waste.

 

The case was investigated by the U.S. Department of Labor, Office of Inspector General, the U.S. Department of Transportation, Office of Inspector General, the U.S. Environmental Protection Agency, Criminal Investigation Division, and the Federal Bureau of Investigation.  Assistant U.S. Attorney James T. Clancy and Special Assistant U.S. Attorney Martin Harrell of EPA are prosecuting the case.

 

The embezzlement offense carries a maximum penalty of up to five years in prison and a $250,000 fine for an individual and a fine of $500,000 for a company; the wire fraud charge carries a maximum penalty of up to 20 years in prison and a $250,000 fine for an individual and a $500,000 fine for a company; and each of the Clean Water Act charges carries a maximum penalty of up to 3 years in prison, and a fine of up to the greater of $250,000 or $50,000 per day of violation, a term of supervised release following imprisonment, and a fine for an individual and a fine of up to the greater of $500,000 or $50,000 per day of violation for a company.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

HARRISBURG – United States Attorney David J. Freed and Dauphin County District Attorney Francis T. Chardo provide the following update after this afternoon’s press conference on the Harrisburg shooting.

 

Investigators have determined the identity of the subject who shot multiple members of the United States Marshal’s Fugitive Task Force this morning in Harrisburg City as Kevin Sturgis, 31, of Philadelphia, who was killed by law enforcement officers at the scene.  At the time of the incident, Sturgis had two active warrants from the city of Philadelphia – one for failure to appear for sentencing on a charge of Persons Not to Possess Firearms under the Uniform Firearms Act – a felony of the second degree; and one for failure to appear for a violation of probation hearing on original charges of Receiving Stolen Property, Unlawful Possession of a Controlled Substance and Unauthorized Use of an Automobile.  Sturgis also had a juvenile adjudication (analogous to a criminal conviction in adult court) on a charge of Rape.

 

The subject of warrant for arrest was Shayla Lynette Towles Pierce, age 30, of Harrisburg, who was wanted by the Harrisburg Bureau of Police on charges of Illegal Possession of a Firearm under the Uniform Firearms Act, a felony of the third degree, Simple Assault and Terroristic Threats.  Towles was committed to Dauphin County Prison in lieu of $200,000 bail.

 

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Antonio Perez, age 45, of Hazleton, Pennsylvania, pleaded guilty on January 16, 2018, before U.S. Magistrate Judge Karoline Mehalchick, to distribution of heroin.

 

According to United States Attorney David J. Freed, Perez admitted to selling heroin to another person on July 2, 2014, in Hazleton. Perez sold slightly less than 100 grams of heroin, which is equivalent to just under 4,000 retail bags of heroin.

 

Judge Mehalchick ordered a pre-sentence investigation, and noted that Senior U.S. District Court Judge Richard P. Conaboy will schedule a date for sentencing.

 

Perez was indicted by a grand jury in October 2014, following an investigation by special agents of the Federal Bureau of Investigation and Scranton Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

 

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

 

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.

# # #

 

HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony Rowe, age 55, of Wilmington, Delaware, was sentenced on January 16, 2018, to 151 months’ imprisonment by United States District Court Judge Sylvia H. Rambo for distributing heroin in Dauphin and Lycoming counties.

 

According to United States Attorney David J. Freed, Rowe was found guilty by a jury on March 16, 2017.  The evidence showed that Rowe travelled from Philadelphia to Dauphin and Lycoming Counties between February and June 2016, and distributed over 10 kilograms of heroin. Ten kilograms of heroin is approximately equal to 400,000 retail bags of heroin.

 

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 investigated by the Drug Enforcement Administration, the Pennsylvania State Police and the Dauphin County Drug Task Force.  Assistant United States Attorneys Daryl F. Bloom and Chelsea Schinnour prosecuted the case. 

           

           

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that four previously deported aliens were indicted separately on January 10, 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, Brayan Rebolorio-Paredes, age 29, of Guatemala, was previously deported from the United States to Guatemala in October 2014.  He is alleged to have illegally re-entered the United States sometime after October 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.

 

Josue Sica-Pu, age 27, of Guatemala, was previously deported from the United States to Guatemala 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 Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

 

Oscar Madrigal-Lupian, age 29, of Mexico, was previously deported from the United States to Mexico in June 2007.  He is alleged to have illegally re-entered the United States sometime after June 2007 and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.

 

Nelson Escobar-Escobar, age 36, of El Salvador, was previously deported from the United States to El Salvador in December 2010.  He is alleged to have illegally re-entered the United States sometime after December 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

 

Under federal law, Rebolorio-Paredes, Sica-Pu, Madrigal-Lupian and Escobar-Escobar 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.

 

# # #

HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Emerson Miller, age 31, of Harrisburg, Pennsylvania, was indicted on January 10, 2018, with four counts of distribution of crack cocaine, two counts of possession of a firearm by a felon, and one count of possessing a firearm with an obliterated serial number.

 

According to United States Attorney David J. Freed, the indictment alleges that Miller possessed a firearm on September 29, 2016 and a second firearm, this one with an obliterated serial number, on July 30, 2017.  The indictment also alleges that Miller distributed and possessed with the intent to distribute, crack cocaine on April 10, 2017, April 20, 2017, May 4, 2017 and May 18, 2017. 

           

The case was investigated by the Harrisburg Police Department, the Pennsylvania Attorney Generals Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Scott R. Ford is prosecuting the case

 

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

 

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

 

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

 

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

 

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Alexander Larriuz-Otero, age 20, of York, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearms charges.

 

According to United States Attorney David J. Freed, the indictment alleges that Larriuz-Otero distributed crack cocaine in York on February 8, 2017, and possessed with the intent to distribute crack cocaine in York on June 1, 2017.  The indictment also alleges that Larriuz-Otero unlawfully possessed a firearm as a previously convicted felon and possessed the firearm in furtherance of drug trafficking.

 

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

 

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania.  Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

 

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 a lifetime term 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.

 

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Judge Malachy Mannion sentenced James Woodring, age 51, Centre Hall, Pennsylvania, to 33 months’ imprisonment and three years of supervised release, for manufacturing explosives and for being a felon in possession of firearms.

 

According to United States Attorney David J. Freed, James Woodring pleaded guilty to manufacturing explosives after he purchased and transported commercial grade fireworks to his residence, modified them to increase their power and volatility, and sold them, all without a license to do so.  The activities ended on May 18, 2016, when an explosion occurred at Woodring’s Centre Hall residence after Woodring and his wife, Christina Woodring, accidentally ignited one of the devices.

 

James Woodring also pleaded guilty to possessing firearms, despite a prohibition triggered by his prior 2011 felony conviction for distributing explosive.  The firearms, which were seized and forfeited by the government, along with several hundred rounds of ammunition and $3,000, were:

• .380 caliber Smith and Wesson semi-automatic pistol, which was reported stolen;
• 12-gauge Mossberg Maverick shotgun;
• 30x.06 Remington Sportsman 76 pump rifle; and a
• .223 caliber New Frontier LW-15 rifle, which is a semiautomatic firearm that is capable of accepting a large capacity magazine.

In pronouncing the sentence, Judge Mannion highlighted James Woodring’s prior federal conviction for dealing in explosives without a license, and the danger he created for himself, for his family, and for emergency personnel by manufacturing homemade explosives.  Judge Mannion also focused on James Woodring’s statements to an undercover law enforcement official in which Woodring explained how to place effectively the explosives to damage an automobile.

 

Christina Woodring previously pleaded guilty to conspiring to manufacture and sell explosives, and was sentenced in April 2017 to home confinement and probation.

 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, the Centre Hall Police Department, and the Springettsbury Township Police Department.  Assistant United States Attorney Phillip J. Caraballo prosecuted the case.

 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that thirteen individuals were sentenced in connection with a cocaine and methamphetamine drug trafficking conspiracy in multiple counties within the Middle District of Pennsylvania.  

 

According to United States Attorney David J. Freed, the individuals, some of whom were members of the Outlaw Motorcycle Gang the Pagan’s Motorcycle Club and affiliated gangs, sold methamphetamine and cocaine hydrochloride, Schedule II controlled substances, between December 2014 and April 2016 in Berks, Cumberland, Dauphin, York, Northumberland, Perry and Snyder Counties. 

 

 

Name

Age

City

Sentence Date

Sentence

Arthur Houze

49

Harrisburg

September 27, 2017

151 months’ imprisonment

Michael Herman

49

Harrisburg

January 3, 2018

120 months’ imprisonment

Scott Ohler

50

Harrisburg

September 28, 2017

110 months’ imprisonment

Michael Finsterbush

50

Lemoyne

January 11, 2017

100 months’ imprisonment

Joseph Newton

47

Selinsgrove

January 30, 2017

96 months’ imprisonment

Phillip Bennett

43

Elizabethtown

May 11, 2017

70 months’ imprisonment

Timothy Watson

42

Lemoyne

August 17, 2017

70 months’ imprisonment

Eric West

29

Shermans Dale

August 3, 2017

70 months’ imprisonment

Justin Spiegle

41

Liverpool

May 11, 2017

60 months’ imprisonment

John Nace

41

York

December 7, 2016

48 months’ imprisonment

Douglas Lesniak

46

Steelton

May 19, 2017

30 months’ imprisonment

Michael Sanders

43

Selinsgrove

April 12, 2017

25 months’ imprisonment

Marcie Herman

47

Harrisburg

April 20, 2017

6 months’ imprisonment and 6 months in-home detention

 

This case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police.  Assistant U.S. Attorney Chelsea Schinnour prosecuted the case. 

This case was brought pursuant to the FBI’s Capital City Safe Streets Gang Task Force initiative.   The initiative is designed to reduce gang-related violent crimes through a comprehensive, FBI led law enforcement approach utilizing state of the art investigative efforts to detect, exploit, disrupt, dismantle, and interdict domestic and international gangs. 

 

# # #

 

 

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Evan Matthew Lawbaugh, age 34, of Waynesboro, Pennsylvania, was sentenced today to 40 years’ imprisonment by United States District Judge Sylvia H. Rambo for two counts of production of images depicting the sexual exploitation of children.

 

According to United States Attorney David J. Freed, Lawbaugh sexually assaulted a toddler boy and a four-year-old girl and recorded the assaults.  Lawbaugh distributed videos depicting the assault on the toddler boy on the internet.  Lawbaugh also possessed thousands of images and hundreds of videos of child pornography, includes images depicting the sexual abuse of infants and toddlers.  Lawbaugh was previously convicted of possession of child pornography on April 8, 2015, in Franklin County, Pennsylvania.

 

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 investigated by the United States Postal Inspection Service, the Pennsylvania Office of the Attorney General and the Pennsylvania State Police.  Assistant United States Attorney Daryl Bloom prosecuted the case. 

 

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that two more members of a gang that operated for a decade in the City of York were sentenced to federal prison for racketeering and drug distribution conspiracies.

 

According to United States Attorney David J. Freed, U.S. District Court Judge Yvette Kane sentenced Richard Nolden, age 27, who was identified as a member of the “Southside” street gang to 25 years’ imprisonment on December 19, 2017.  Nolden was already serving a 15-40 year sentence for Murder in the 3rd Degree, and this sentence was concurrent with that sentence.  Pursuant to an agreement with the government, Nolden entered a guilty plea to racketeering conspiracy and the parties agreed to the sentence. When imposing sentence, Judge Kane noted Nolden’s role in the January 23, 2012, murder of Sherrod Snellings, a crime that was a part of the “Southside” and “Parkway” gang violence.

 

Judge Kane also sentenced Angel Schueg, a/k/a “Pocco,” age 28, to 165 months’ imprisonment on December 21, 2017. The government highlighted Schueg’s involvement progressed from trafficking small amounts of marijuana to a substantial trafficker of crack and heroin for the Southside gang. Judge Kane agreed and imposed the guideline sentence.

 

In November 2015, a jury convicted Schueg of drug trafficking conspiracy 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 convicted the other 11 men who went to trial with Schueg.

 

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 previously sentenced in this matter are:

 

Rolando Cruz, Jr., “Mico,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 3, 2017, to life in prison.

 

Marc Hernandez, a/k/a “Marky D,” age 32; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts) was sentenced on October 25, 2017, to life in prison.

 

Douglas Kelly, a/k/a “Killer,” age 39, racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced on December 12, 2017, to life in prison.

 

Roscoe Villega, a/k/a “P Shawn,” age 44; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 25 years in prison.

 

Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver was sentenced to 34 months in prison on November 10, 2016,

 

Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver was sentenced to 60 months in prison on May 15, 2017. 

 

Eugene Rice, a/k/a “B Mor,” age 29; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 200 months in jail on December 7, 2017,

 

Angel Schueg, a/k/a “Pocko,” age 28; drug trafficking conspiracy, and drug possession with intent to deliver was sentenced to 165 months in jail on December 21, 2017, 

 

Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver was sentenced to 33 months in prison on June 5, 2017,

 

The individual defendants previously convicted and awaiting sentencing in this matter are:

 

Tyree Eatmon, a/k/a “Ree,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,

 

Maurice Atkinson, a/k/a “Mo,” age 30; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,

 

Anthony Sistrunk, a/k/a “Kanye,” age 29; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver is awaiting sentencing,

 

The following Southside gang members previously pleaded guilty and are awaiting sentencing:

 

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.

 

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

 

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. 

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jerry Defazio, age 39, of Archbald, Pennsylvania, a former contract employee with the Lackawanna County Prison, pleaded guilty on December 21, 2017, before Senior U.S. District Court Judge A. Richard Caputo, to providing and attempting to provide prohibited objects, including illegal drugs, to inmates at the Lackawanna County Prison.

 

According to United States Attorney David J. Freed, Defazio admitted that between November 2015 and April 2016, while overseeing the food service at the prison, he provided and attempted to provide Oxycontin pills (oxycodone), suboxone, and tobacco to inmates on several occasions and received payments ranging from $50 to $600 for smuggling the drugs and tobacco into the prison.

 

Judge Caputo scheduled sentencing for April 23, 2018.

 

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

 

The maximum penalty under federal law is 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.

 

# # #

 

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Floyd Benko, age 62, of Palmyra, Pennsylvania, was sentenced today to 15 months’ imprisonment by United States District Court Judge Yvette Kane on false statement charges in connection with his performance of flawed genetic diagnostic tests for 124 cancer patients.

 

According to United States Attorney David J. Freed, Benko, a former Research Technologist at the Hershey Medical Center in Hershey, Pennsylvania, was indicted in July  2015, and charged with one count of health care fraud and two counts of making false statements in health care matters.  Benko performed DNA gene mutation tests (known as Epidermal Growth Factor Receptor (EGFR), KRAS gene mutation (KRAS), and BRAF gene mutation (BRAF) assays) for 124 advanced stage cancer patients at the Hershey Medical Center in 2013 and 2014.  These genetic tests help physicians diagnose a patient’s particular type of cancer so specifically tailored treatments can be administered to the patient. 

 

Benko failed to perform the assays in the manner called for by Hershey’s standard operating procedures.  Subsequent retesting of the patients during summer 2014, revealed that 60 of the 124 patients had assay results discordant with results obtained by two outside laboratories.

 

Benko pleaded guilty in July 2017, to one count of making false statements in health care matters before Judge Kane. Benko admitted he lied to administrators at the Hershey Medical Center on April 11, 2014, about the manner by which he performed the genetic assays.  Benko concealed the fact he did not follow Hershey’s standard operating procedures, procedures Benko co-authored, in performing the assays by failing to use a device known as a NanoDrop 2000 photo spectrometer to quantify the DNA and by failing to preserve the patients’ leftover tissue and DNA samples.

 

Judge Kane ordered Benko to serve three years of supervised release following his release from prison and to make restitution in the amount of $69,742 to the Hershey Medical Center for refunds Hershey paid for the flawed assays and for outside laboratory re-testing. Judge Kane also ordered Benko to surrender to the Bureau of Prisons for commencement of his sentence on January 22, 2018.

 

The case was investigated by the Harrisburg Office of the Federal Bureau of Investigation.  Assistant U.S. Attorneys Kim Douglas Daniel and Joseph J. Terz prosecuted the case.

 

           

# # #

 

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on December 21, 2017, United States District Court Judge A. Richard Caputo sentenced Naajeh Torres, age 24, of East Stroudsburg, Pennsylvania, to 24 months’ imprisonment on drug trafficking charges.

 

According to United States Attorney David J. Freed, Torres pleaded guilty on October 25, 2017, to an indictment charging the distribution of heroin within 1,000 feet of Stroudsburg High School property in April 2016.  Additionally, Torres admitted to distributing between 40 and 60 grams of heroin over a three-month period in 2016, which is the equivalent of between 1,600 and 2,400 individual doses. 

           

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Stroud Area Regional Police Department and was being prosecuted by Assistant U.S. 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.

 

           

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Timothy Ray Wright, age 30, of York, Pennsylvania, was indicted on December 20, 2017, by a federal grand jury with drug trafficking and firearms violations.

 

According to United States Attorney David J. Freed, the indictment alleges that on August 17, 2017, Wright possessed with intent to distribute cocaine, cocaine base and fentanyl.  It is further alleged that Wright possessed a 9mm Walther Creed pistol as a previously convicted felon, and possessed the firearm in furtherance of drug trafficking.

 

The charges stem from an investigation conducted by the York County Drug Task Force, assisted by the Bureau of Alcohol, Tobacco, and Firearms.  Assistant United States Attorney James T. Clancy is prosecuting the case.

 

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

 

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

 

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

 

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

 

# # #

HARRISBURG – Attorney General Jeff Sessions and the United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dr. Raymond Kraynak, age 60, of Mt. Carmel, Pennsylvania, was indicted by a federal grand jury on December 20, 2017, in a 19-count indictment charging the unlawful distribution and dispensing of controlled substances, causing the death of five patients by the unlawful distribution and dispensing of controlled substances, and maintaining two drug-involved premises in Mt. Carmel and Shamokin, Pennsylvania. Dr. Kraynak was taken into custody today by agents of the Drug Enforcement Administration and appeared before United States Magistrate Judge Schwab for his initial appearance.  He was temporarily detained until 10:00 a.m. tomorrow morning when he will appear for a bail hearing before Magistrate Judge Schwab.  No date for trial was set.

 

According to United States Attorney David J. Freed, the indictment alleges that Kraynak, who operated two offices in Mt. Carmel and Shamokin, Pennsylvania, known as Keystone Family Medicine Associates, prescribed approximately 2.7 million units of oxycodone, hydrocodone, oxycontin and fentanyl to approximately 2,838 patients between January 2016 through July 31, 2017.  During that time period, he was the top prescriber of those drugs in the Commonwealth of Pennsylvania.

 

The indictment further alleges that on multiple occasions between 2005 and 2016 that Dr. Kraynak prescribed these opioids to multiple patients outside of the usual course of professional practice and without a legitimate medical purpose, including prescribing the opioids without conducting a proper medical examination, inadequately verifying the patient’s medical complaint, and failing to assess the risk of abuse by individual patients.

 

The indictment further alleges that Dr. Kraynak caused the death of five of his patients between 2013 and 2015 by unlawfully distributing and dispensing controlled substances to them that ultimately led to their death. Dr. Kraynak is also charged in two additional counts with maintaining drug-involved premises at his offices located in Mt. Carmel and Shamokin, Pennsylvania, and the government is seeking the forfeiture of those two offices, his Pennsylvania medical license and $500,000.

 

"One American dies of a drug overdose every nine minutes, and millions of Americans are living with an addiction to opioids," Attorney General Sessions said. "This is the deadliest drug crisis in our history, and it's unconscionable that some doctors and medical professionals would violate their oaths to exploit it for cash. The Trump administration will not tolerate fraud of any kind. That's why earlier this year, this Department conducted the largest health care fraud takedown in American history, arresting more than 120 defendants on opioid-related charges.  We will remain relentless and will take this fight to street dealers, corrupt doctors, and the companies that have helped fuel this devastating crisis. I believe we will ultimately turn the tide of this historically devastating epidemic."

 

“These serious charges are the culmination of a substantial commitment of Federal, State and Local law enforcement resources specifically directed at one of the root causes of our current epidemic of heroin and opioid abuse: unlawful over-prescription of highly addictive and dangerous drugs,” said United States Attorney Freed.  “The sheer number of pills prescribed in this case is staggering.  Death or serious injury was the inevitable result of this defendant’s conduct.  I am particularly thankful to the Drug Enforcement Administration, Attorney General Josh Shapiro, the Pennsylvania State Police, the Mt. Carmel Borough Police and the Schuylkill County Drug Task Force for their hard work in this case.”

 

“The allegations against Dr. Kraynak in this indictment are deeply disturbing, especially given that he is accused of causing the death of five of his patients through the unlawful distribution of controlled substances such as oxycodone and hydrocodone,” said Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division.  “At the height of the most devastating drug epidemic in our nation’s history that has claimed tens of thousands of lives across the country, the DEA, working with our partners such as, the U.S. Attorney’s Office, Attorney General Josh Shapiro and the Pennsylvania State Police, will aggressively work to identify, investigate, and prosecute rogue doctors that are responsible for contributing to this epidemic through their alleged criminal activity.” 

 

“My office will relentlessly pursue medical professionals who divert prescription drugs from their intended purpose, especially when that diversion results in death,” Attorney General Josh Shapiro said. “Thanks to law enforcement collaboration and the strong work of U.S. Attorney David J. Freed, this doctor, who prescribed 2.7 million opioids to fewer than 3,000 patients over 18 months, will be prosecuted. I’m proud that our office partnered with U.S. Attorney Freed and his office to pursue charges in this case and put an end to this doctor’s crimes.”

 

This case was investigated by the Drug Enforcement Administration, with assistance from the Pennsylvania State Police, the Pennsylvania Office of Attorney General, the Mt. Carmel Borough Police Department and the Schuylkill County Drug Task Force. Assistant United States Attorneys William Behe and Fran Sempa are prosecuting the case.

 

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

 

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.

 

Kraynak faces a mandatory minimum term of 20 years’ imprisonment up to life on each of the five counts where patients are alleged to have died as a result of taking the controlled substances Kraynak prescribed them. Kraynak faces up to 20 years’ imprisonment on each of the 12 counts alleging that he prescribed controlled substances to specific patients outside of the usual course of professional practice and not for a legitimate medical purpose. Each of the two counts charging Kraynak with maintaining drug involved premises is punishable as well by up to 20 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Fredrick Brown, age 35, of Monroe County, Pennsylvania, was indicted on December 19, 2017, by a federal grand jury on sex and drug trafficking charges.

 

According to United States Attorney David J. Freed, the indictment was unsealed on December 20, 2017, and alleges that between 2011 and 2014 Brown trafficked multiple women as prostitutes through force, threat, and coercion.  One of the victims Brown is alleged to have forced to commit commercial sex acts was under the age of eighteen.  The indictment further charges Brown with distribution and possession with intent to distribute over 280 grams of cocaine base, or “crack.” 

 

The case was investigated by the U.S. Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.

 

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

 

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Marjorie Maldonado, age 30, of Harrisburg, Pennsylvania, was indicted on December 20, 2017, by a federal grand jury with unlawful distribution of heroin.

 

According to United States Attorney David J. Freed, the indictment alleges that Maldonado distributed heroin on December 1, 2017, in Harrisburg. 

 

The charge stems from an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney James T. Clancy 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.

 

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

 

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

 

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

 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Felix Ramon Diaz, age 58, of Harrisburg, Pennsylvania, was sentenced on December 19, 2017, to one year and one day imprisonment by United States District Court Judge William W. Caldwell for aiding and assisting the preparation of false tax documents.

 

According to United States Attorney David J. Freed, Diaz was a tax preparer who owned Felix Tax Service.  From 2010 through 2013, Diaz filed 45 tax returns with false and fraudulent income, deductions, and addresses in an effort to maximize income tax refunds.  Diaz’s conduct resulted in approximately $100,000 in losses taxes to the government.

 

Judge Caldwell noted the health issues facing Diaz and his lack of prior criminal history as mitigating factors. However, when imposing sentence, the judge noted the crimes were serious and Diaz committed the offense for years.

 

In March 2016, a grand jury indicted Diaz for the tax fraud scheme. On January 25, 2017, Diaz entered a guilty plea to the offense before Judge Caldwell.

 

The case was investigated by the Internal Revenue Service Criminal Investigation Division and Assistant United States Attorney Michael A. Consiglio prosecuted the case.

           

 

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Eddie Junior Pena, age 23, of Harrisburg, Pennsylvania, was indicted on December 20, 2017, by a federal grand jury for unlawful possession of a firearm.

 

According to United States Attorney David J. Freed, the indictment alleges that between March 2017 and December 2017, Pena possessed a 9mm Glock firearm as a convicted felon in furtherance of drug trafficking. 

 

The charges stem from an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney James T. Clancy is prosecuting the case.

 

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

 

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

 

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

 

The maximum penalty for possession of a firearm in furtherance of drug trafficking is life in prison, a term of supervised release following imprisonment, and a fine.  The maximum penalty for possessing a firearm after being convicted of a felony offense is 10 years in prison, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on December 19, 2017, Senior U.S. District Court Judge William W. Caldwell sentenced Jameil O. Jackson, age 38, of Lancaster, Pennsylvania, to 120 months’ imprisonment for conspiracy to distribute and possess with the intent to distribute cocaine base. 

 

According to United States Attorney David J. Freed, Jackson engaged in a conspiracy to sell between 196 and 280 grams of cocaine base, also known as “crack cocaine,” in the Middle District of Pennsylvania between June 2014 and October 2014.  Co-defendants Randy Smith, Marc Singleton, Carlos Burgos-Melendez, Benny Jackson, Darnell Jackson and Eric Tittel have pleaded guilty and were sentenced for their roles in this drug trafficking organization. 

 

Jackson has been in the custody of the U.S. Marshals since his bond was revoked on October 28, 2015, at the U.S. Attorney’s Office request.

 

This case was investigated by the Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorney Meredith A. Taylor.

 

 

# # #    

HARRISBURG – Acting Assistant Attorney General for National Security Dana J. Boente, United States Attorney David J. Freed for the Middle District of Pennsylvania and Special Agent in Charge Michael Harpster of the FBI’s Philadelphia Division announced today that Jalil Ibn Ameer Aziz, age 21, a U.S. citizen and resident of Harrisburg, Pennsylvania, was sentenced to 160 months of imprisonment and 12 of years of supervised release by Chief United States District Court Judge Christopher C. Conner for conspiracy to provide material support and resources to a designated foreign terrorist organization and transmitting a communication containing a threat to injure.  Chief Judge Conner also ordered Aziz to pay $6,635.79 in restitution to the service members he threatened.

 

According to U.S. Attorney David J. Freed, from July 2014 to December 2015, Aziz engaged in a concerted and prolonged effort to support the Islamic State of Iraq and al-Sham (“ISIL” or “ISIS”), by knowingly conspiring to provide material support, including personnel and services, to ISIS.  Aziz was steadfast and outspoken in his support for ISIS.  Aziz pledged his allegiance to the leader of ISIS and used at least 72 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIS propaganda, and to espouse pro-ISIS views. 

 

On at least three occasions, Aziz used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL.  In one instance, Aziz acted as an intermediary between a person in Turkey and several well-known members of ISIS.  Aziz passed location information, including maps and a telephone number, between the person in Turkey and the ISIS member. 

 

Aziz also used one of his Twitter accounts to threaten approximately 100 U.S. service members.  He disseminated a “kill list” that contained the names, addresses, photographs and military branches of the service members.  A well-known ISIS member compiled the list, which commanded ISIS supporters to “kill the [service members] in their own lands, behead them in their own homes, stab them to death as they walk their street thinking that they are safe.”

 

A court-authorized search of a tactical/military style backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified straight edge knife, a thumb drive, medication, flashlights, a toothbrush, sunflower seeds, a lighter, nail clippers, fingerless gloves, a pocket watch and a black balaclava, which is a type of mask frequently worn by ISIS fighters and supporters.

 

On December 22, 2015, Aziz was charged in an indictment with conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.  A superseding indictment was returned on May 18, 2016, which added solicitation to commit a crime of violence and transmitting a communication containing a threat to injure.  On January 30, 2017, Aziz pled guilty to conspiracy to provide material support and resources to a designated foreign terrorist organization and transmitting a communication containing a threat to injure.

 

“Jalil Ibn Ameer Aziz conspired to provide material support to ISIS by aiding individuals in their pursuit of traveling overseas to join the designated foreign terrorist organization and by using social media to propagate ISIS’s threats to injure U.S. service members,” said Acting Assistant Attorney General Boente. “The National Security Division’s highest priority is counterterrorism, and we will remain vigilant in our efforts to hold accountable those who seek to provide material support to foreign terrorist organizations and threaten members of our military.”

United States Attorney David J. Freed said, “We in law enforcement know that the fight against terrorism is not limited to far-away battlefields.  This sentence should serves as ample notice that we will cede the security of our community to no one.  The outstanding work of the investigators and attorneys in this case has brought to justice an individual who provided real, material support to terrorist groups and who attempted to spread hate and destruction in our community and abroad.  We will remain ever vigilant to protect the security of our citizens.”

 

"Mr. Aziz shared ISIL propaganda via social media, helping the terrorists' twisted worldview spread further, faster," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "Spewing violent jihadist beliefs, this young man – an American citizen – called for the murder of U.S. service members, and aided other radicalized individuals seeking to travel and take up arms alongside ISIL fighters. The dangers he posed are clear, and chilling. FBI Philadelphia's Joint Terrorism Task Force will never stop working to detect and disrupt the activities of terrorists and those who assist them."    

 

The case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force (JTTF), which includes the Pentagon Force Protection Agency and the Pennsylvania State Police, with assistance from the Harrisburg Bureau of Police.  Assistant United States Attorney Daryl F. Bloom and Trial Attorneys Robert Sander and Adam L. Small of the National Security Division’s Counterterrorism Section prosecuted the case.

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Felix Silva, age 49, of Hazelton, Pennsylvania, was indicted on December 19, 2017, by a federal grand jury on drug trafficking charges.

 

According to United States Attorney David J. Freed, the indictment alleges that Silva, also known as “Carlos Santana” and “Hector Borero,” possessed with the intent to distribute over 100 grams of heroin on December 9, 2017, in Sugarloaf Township, Pennsylvania.  One hundred grams of heroin is the equivalent of approximately 4,000 individual doses of heroin. 

 

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

 

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

 

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

 

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

 

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

 

# # #

HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Efrain Troche-Rivera, age 35, of Harrisburg, Pennsylvania, was sentenced on December 19, 2017, to 10 years’ imprisonment by United States District Court Judge Sylvia H. Rambo for conspiracy to distribute over five kilograms of cocaine hydrochloride.

 

According to United States Attorney David J. Freed, Troche-Rivera possessed with the intent to distribute over five kilograms of cocaine hydrochloride in Harrisburg, beginning in September 2015, and continuing through August 2016.  Investigators determined that the cocaine was shipped through the mail in child booster seats from Puerto Rico into the Harrisburg area.

 

Co-defendant Geraldo Rodriguez-Diaz, age 23, of Harrisburg, pled guilty on December 18, 2017, before Judge Rambo to conspiracy to possess with intent to distribute more than five kilograms of cocaine and is awaiting sentencing. Rodriguez-Diaz possessed a Smith & Wesson semi-automatic handgun in connection to the offense.

 

This matter was investigated by the Pennsylvania Office of Attorney General and the U.S. Drug Enforcement Administration (DEA) and is being prosecuted by Assistant U.S. Attorney Chelsea Schinnour and Special Assistant U.S. Attorney Robert Smulktis.

 

This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

 

 

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian Tate, age 35, of Gordon, Pennsylvania, was sentenced on December 18, 2017, by Senior U.S. District Court Judge A. Richard Caputo to 156 months’ imprisonment for attempting to entice a minor to engage in illegal sexual activity.

 

According to United States Attorney David J. Freed, Tate previously pleaded guilty to traveling to a hotel to engage in sex with a six-year-old female. Between October 17, 2016 and November 9, 2016, Tate used the internet to arrange for the minor to be brought to the hotel to meet him for sex. Tate was arrested after he arrived at the hotel on November 9.

 

Judge Caputo also ordered that Tate serve 10 years on supervised release following his prison sentence. Tate must also comply with the Sex Offender Registration and Notification Act.

 

Tate was indicted by a grand jury in November 2016, following an investigation by agents of Homeland Security Investigations and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

 

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

 

 

# # #

HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony “Tony” D’Ambrosio, age 35, of Chambersburg, Pennsylvania, and Armando Delgado, age 21, of Chambersburg, Pennsylvania were convicted on December 18, 2017, after a two-week jury trial in Harrisburg before Chief U.S. District Court Judge Christopher C. Conner on all charges.  Both D’Ambrosio and Delgado were convicted of sex trafficking of children, conspiracy to transport any individual to engage in prostitution, transportation of any individual to engage in prostitution, conspiracy to transport a minor to engage in prostitution, conspiracy to distribute and possess with the intent to distribute oxycodone, cocaine and marijuana, and distribution and possession with the intent to distribute oxycodone.

 

According to United States Attorney David J. Freed, the jury returned with a verdict of guilty after approximately three hours of deliberation.  D’Ambrosio, Delgado and their co-conspirators recruited and transported girls and young women between the ages of 13 and 21 years old to engage in commercial sex acts in Pennsylvania, Maryland, Virginia, West Virginia, Florida, Rhode Island and the District of Columbia and frequently paid them in drugs.

 

Following the entry of the verdict, Chief Judge Conner remanded D’Ambrosio to the custody of the U.S. Marshals, at the request of the U.S. Attorney’s Office.  Delgado has been incarcerated on the superseding indictment since March 12, 2015.

 

D’Ambrosio, Delgado and their co-defendants, who previously pleaded guilty, participated in a conspiracy that began in approximately July 2012, and continued to January 2015.  D’Ambrosio, Delgado and the others rented motel rooms and posted “escort” advertisements and photographs on backpage.com from July 2012 through January 2015.  D’Ambrosio and the others would take the majority of the money made during the course of the prostitution business, and distributed various drugs to the women, including oxycodone, cocaine and marijuana.  

 

Albert E. “Pipo” Martinez, age 35, of Chambersburg, Pennsylvania, pleaded guilty to all charges on March 31, 2016.  On Tuesday, December 5, 2017, Keanu Martinez, age 21, of Chambersburg, Pennsylvania, son of Albert Martinez, pleaded guilty to one count of transporting minors to engage in prostitution.  A sentencing date has not been set for either Martinez yet.  Brandon Hill, age 30, of Harrisburg, Pennsylvania, previously pleaded guilty to drug trafficking counts and received a 37-month sentence. 

 

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorneys Meredith A. Taylor and Scott Ford prosecuted the case.

 

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

 

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

 

The maximum penalty for the sex trafficking offenses is life imprisonment and includes a mandatory minimum sentence of ten years imprisonment.  The maximum penalty for the drug trafficking offenses is a term of imprisonment of 20 years.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicate of the potential sentence for a specific defendant.

 

# # #    

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Wayne Davidson, age 24, of Williamsport, Pennsylvania, was indicted on December 14, 2017, by a federal grand jury on drug trafficking charges.

 

According to United States Attorney David J. Freed, the indictment alleges that Davidson engaged in the distribution of heroin and carfentanil on June 29, 2017, in Lycoming County, and as a result of those deliveries, two persons suffered serious bodily injury.

 

According to the United States Drug Enforcement Administration, carfentanil is used as a tranquilizing agent for elephants and large animals. It is estimated to be 10,000 times stronger than morphine.

 

The charges stem from an investigation by the Williamsport Police Department, 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 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 defendant is facing a mandatory sentence of twenty years in prison and maximum term of life imprisonment.  He also faces a $2,000,000 maximum fine, and maximum lifetime term of supervised release.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #