Middle District of Pennsylvania

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jacob Davis, age 32, of Hazleton, Pennsylvania, was sentenced today to 57 months’ imprisonment by Senior U.S. District Court Judge Richard P. Conaboy, for selling heroin in the Hazleton area during the summer of 2015.

 

According to United States Attorney Bruce D. Brandler, Davis previously pleaded guilty to distributing between 80 and 100 grams of heroin (which equals approximately 3,000-4,000 retail bags of heroin) during June through August of 2015.

 

Judge Conaboy also ordered Davis to serve three years on supervised release following his prison sentence.

 

Davis was charged in an Information filed by the U.S. Attorney’s Office in October 2015. The case was investigated by the Drug Enforcement Administration and the Hazleton Police Department. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

 

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

 

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Allen Hoffman, age 68, of Mechanicsburg, Pennsylvania, was sentenced on August 1, 2017, by U.S. District Court Judge William W. Caldwell to five years’ imprisonment, followed by 10 years of supervised release for receipt of images depicting the sexual exploitation of children. Judge Caldwell also ordered Hoffman to be immediately remanded into the custody of the United States Marshals Service.

 

According to United States Attorney Bruce D. Brandler, Hoffman received images depicting the sexual abuse of children from an international company. After obtaining a warrant, federal law enforcement officers searched Hoffman’s home in August 2016, and located over 600 images depicting the sexual exploitation of children he received between December 2010 and February 2011.

 

This case was investigated by the United States Postal Inspection Service and the Pennsylvania Office of the Attorney General. Assistant United States Attorney Daryl F. Bloom prosecuted the case.

 

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

 

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Evans, age 56, and William Uggiano, age 60, both of Wilkes-Barre, Pennsylvania, were charged on July 28, 2017, in a criminal information for conspiring to steal funds from a local union.

 

According to United States Attorney Bruce D. Brandler, the information alleges that Evans and Uggiano conspired to steal more than $50,000 in union funds from the American Federation of Government Employees Local 1699. From 2013 through 2014, Evans and Uggiano, both union officers, withdrew money from Local 1699’s credit union account for their own personal benefit.

 

The United States also filed plea agreements, which are subject to the approval of the Court, wherein it is indicated that Evans and Uggiano intend to plead guilty to the charges when they appear in federal court.

 

The charges stem from an investigation by the United States Department of Labor. Assistant United States Attorney Evan Gotlob is prosecuting the case.

 

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

 

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

 

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brittany Banscher, age 23, a resident of Hawley, Pennsylvania was sentenced on July 28, 2017, by United States District Court Senior Judge James M. Munley to serve 19 years’ imprisonment for drug distribution resulting in death.

 

According to United States Attorney, Bruce D. Brandler, Banscher pleaded guilty in December 2016, to distribution and possession with intent to distribute heroin to a 21-year-old woman, who overdosed and died on September 4, 2015.

 

In addition to the prison term, Judge Munley also ordered that a probation officer supervise Banscher for three years following her release from prison, and that Banscher pay restitution in the amount of $7,213.

 

The case was investigated by the Scranton Police Department and the Drug Enforcement Administration - Scranton office. Assistant United States Attorney Michelle Olshefski 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.

 

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Thurman Stanley, age 40, of Stroudsburg, Pennsylvania, was sentenced today by Senior U.S. District Court Judge James M. Munley, to 188 months’ imprisonment for transporting women in interstate commerce for purposes of prostitution and trafficking in heroin, “molly,” and crack cocaine.

 

According to United States Attorney Bruce D. Brandler, between January 2013 and December 2015, Stanley transported at least four women from Pennsylvania to New York, Iowa, and North Dakota for purposes of prostitution, and also provided illegal drugs to them.

 

Judge Munley also ordered Stanley to be placed on three years of supervised release following his prison sentence.

 

Stanley was indicted by a federal grand jury in November 2016, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, Monroe County Detectives, and police in Bismarck, North Dakota. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

 

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

 

 

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dejuan Leonard, age 23, a prisoner at Federal Correctional Institution, Allenwood (FCI Allenwood) was indicted on July 27, 2017, by a federal grand jury for possessing a weapon in prison.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Leonard was found in possession of a homemade sharpened piece of plastic, commonly referred to as a “shank,” during a search conducted on May 4, 2017.

 

The charges stem from an investigation by FCI Allenwood and the Federal Bureau of Investigation. Assistant United States Attorney Alisan VanFleet is prosecuting the case.

 

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

 

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

 

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

 

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WILKES-BARRE- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Marcoux, age 25, of Bushkill, Pennsylvania, was sentenced on July 31, 2017, by United States Magistrate Court Judge Joseph F. Saporito, Jr. to a three-month prison term, followed by three months of home confinement and one year of supervised release for possession of drug paraphernalia. The charges stem from a traffic stop in December 2016, at the Delaware Water Gap National Recreational Area in Bushkill.

 

According to United States Attorney Bruce D. Brandler, Marcoux pleaded guilty on February 16, 2017, to misdemeanor charges of possession of drug paraphernalia, fictitious plates, and driving while operating privileges are suspended. Several other violations were dismissed pursuant to the plea agreement. Magistrate Judge Saporito also ordered Marcoux to pay fines, assessments, fees, and restitution for a door Marcoux damaged while in a holding cell, totaling $1,516.

 

The case was investigated by the National Park Service and was prosecuted by Assistant U.S. Attorney Sean A. Camoni.

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jesus Santos, age 37, of Allentown, Pennsylvania, pleaded guilty today to conspiracy to distribute more than 100 grams of heroin before Senior U.S. District Court Judge James M. Munley.

 

According to United States Attorney Bruce D. Brandler, Santos admitted to conspiring with others to obtain and distribute between 400 and 700 grams of heroin (which equals approximately between 16,000 and 28,000 retail bags of heroin) in the Schuylkill-Luzerne County areas of Pennsylvania, during 2012 through 2016. Santos admitted to being a sub-distributor of heroin for Rhashean Strange, a/k/a “Chicago,” who headed-up the conspiracy. Strange previously pleaded guilty and is awaiting sentencing. Eleven people have been charged in the case. Eight have entered guilty pleas.

 

Judge Munley scheduled sentencing for September 5, 2017.

 

Santos was indicted by a federal grand jury in May 2016, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and Shenandoah 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.

 

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

 

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HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Janeski, age 38, of Edison, New Jersey was sentenced on July 27, 2017, by United States District Court Judge Yvette Kane to serve 360 months’ imprisonment for sexual exploitation of a child.

 

According to United States Attorney Bruce D. Brandler, Janeski was a resident of New Jersey and began messaging with a fourteen-year-old child residing in York County through an I-Phone messaging application called KIK Messenger. In the course of the messaging, Janeski persuaded the child to send him sexually exploitative photos and videos. After a few months, Janeski traveled to Pennsylvania to meet with the child and took her to a York area hotel.

 

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 Federal Bureau of Investigation and the Northern York County Regional Police Department. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.

 

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Andershonis, age 58, of Stroudsburg, Pennsylvania, was sentenced on July 26, 2017, by United States District Court Judge Richard Conaboy to serve 6 months’ imprisonment and 6 months’ home-confinement for failing to pay his company’s employment taxes. Judge Conaboy also ordered Andershonis to pay $212,508 in restitution.

 

According to United States Attorney Bruce D. Brandler, from the first quarter of 2010 to the last quarter of 2012, Andershonis failed to pay the employment taxes for his company, Just Very Affordable, Inc., a company that specializes in installing commercial kitchens His actions resulted in a tax loss of more than $212,000.

 

Andershonis was charged by an information in February 2017, and pled guilty pursuant to a plea agreement in March 2017.

 

The case was investigated by the Internal Revenue Service, Criminal Investigations. Assistant United States Attorney Evan Gotlob prosecuted the case.

 

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WILKES-BARRE—The United States Attorney’s Office for the Middle District of Pennsylvania announced that James King, age 49, of Stroudsburg, Pennsylvania, was sentenced today to 14 years in prison by Senior U.S. District Court Judge A. Richard Caputo, for trafficking heroin during September 2016.

 

According to United States Attorney Bruce D. Brandler, King previously pleaded guilty to possession with intent to distribute heroin. King admitted to distributing between 60 and 80 grams of heroin (which equals approximately 2,000-3,000 retail bags of heroin).

 

Judge Caputo also ordered King to serve three years on supervised release following his prison sentence.

 

King was indicted by a federal grand jury in October 2016, as a result of an investigation by the Drug Enforcement Administration and Stroud Area Regional Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

 

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

 

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that four vendors to the Pennsylvania Liquor Control Board have entered non-prosecution agreements with the government requiring the payment of over $9 million in monetary penalties for their involvement in previously providing things of value to officials at the PA-LCB.

 

According to United States Attorney Bruce D. Brandler, the four companies that have entered into the agreements are:

• Southern Glazer’s Wine and Spirits of Pennsylvania, LLC, which is successor company to Southern Wine and Spirits of Pennsylvania, LLC, and wholly owned by Southern Glazer’s Wine and Spirits of Miami, Florida;

   

• Breakthru Beverage Pennsylvania, LLC, which is the successor company to Capital Wine and Spirits, LLC, and wholly owned by Breakthru Beverage Group, Inc. of New York, New York;

   

• White Rock Distilleries, Inc., which formerly was headquartered in Lewiston, Maine; and

   

• Pio Imports, LLC, which is headquartered in North Wales, Pennsylvania.

Each of these companies agreed to pay substantial monetary penalties, implement compliance measures and refrain from engaging in similar activities in the future. The government agreed not to prosecute the companies nor any of their employees who gave things of value to officials of the PA-LCB. U.S. Attorney Brandler noted several factors that informed these resolutions, including the cooperation of the businesses in the government’s investigation, the merits of the individual cases, as well as the historic nature of the conduct which was discontinued in 2012 when the Pennsylvania Ethics Commission initiated its investigation into this matter.

 

Southern Glazer’s Wine and Spirits of Pennsylvania agreed to pay $5 million in monetary penalties for their employees role in providing cash, all-expenses paid trips, tickets to shows and sporting events, entertainment and other things of value to officials at the PA-LCB from 2000 to 2012. Attached to their agreement is a statement of facts outlining the conduct of Southern’s employees.

 

White Rock Distilleries agreed to pay $2 million in monetary penalties for their employees role in providing cash, all-expenses paid trips, and other things of value to officials at the PA-LCB from 2000-2011. Attached to their agreement is a statement of facts outlining the conduct of White Rock’s employees.

 

Breakthru Beverage Pennsylvania, which until recently operated as Capital Wine & Spirits, LLC, agreed to pay $2 million in monetary penalties for their employees’ role in providing gift cards, tickets, meals, and entertainment to officials at the PA-LCB between 2007-2012. Attached to their agreement is a statement of facts outlining the conduct of Capital’s employees.

 

Pio Imports, LLC, agreed to pay $200,000 in monetary penalties for their employee’s role in providing gift cards to officials at the PA-LCB between 2007-2012. Attached to their agreement is a statement of facts outlining the conduct of Pio’s employees.

 

“Although the history between these organizations and the PA-LCB is clearly disturbing, it is in the interests of justice to expose this history and hold the organizations responsible. The monetary penalties imposed on these successor organizations more than disgorges the financial benefits received and discourages future misconduct by those in the industry,” stated U.S. Attorney Brandler.

 

In September 2015, James Short – the former Director of the Marketing for the PA-LCB - entered a guilty plea to honest services fraud. The charges are based upon Short’s receiving numerous benefits from White Rock and Capital Wine and Spirits over a ten-year period of time. No date has been scheduled yet for Short’s sentencing.

 

These matters were investigated by the Harrisburg Office of the FBI and handled by Senior Litigation Counsel Michael A. Consiglio. The U.S. Attorney’s Office and the FBI were also assisted by the Pennsylvania Ethics Commission.

 

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ernest Dyer, age 44, of York, Pennsylvania, was indicted by a federal grand jury for possessing a firearm after having been previously convicted of a felony.

 

According to U.S. Attorney Bruce D. Brandler, the indictment alleges that Dyer had a firearm in his possession in his home in York, Pennsylvania, when he was arrested on a local warrant on July 7, 2017. During the investigation, agents and detectives seized a Hi-Point .40 caliber semi-automatic handgun, loaded with ten .40 caliber cartridges in the magazine.

 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Northern York County Regional Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Meredith A. Taylor 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 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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

 

According to United States Attorney Bruce D. Brandler, Eutimio Chavez-Jose, age 40, a citizen of Mexico, was previously deported from the United States to Mexico on four prior occasions, June 2007, twice in June 2011, and June 2012. He is alleged to have illegally re-entered the United States sometime after June 2012, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers. In June 2012, he was convicted in the Western District of New York of illegal reentry, an offense that subjects him to enhanced penalties in the current case.

 

Because of Chavez-Jose’s previous conviction, under federal law he faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

Javier Miguel-Martinez, age 30, a citizen of Mexico, was previously deported from the United States to Mexico on four prior occasions in July 2006, October 2006, November 2009, and February 2012. He is alleged to have illegally re-entered the United States sometime after February 2012, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

 

Under federal law, Miguel-Martinez faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

The cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.

 

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

 

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

 

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

 

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HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Angel Luis Carrasco-Rivera a/k/a Manuel Calcagno, age 54, of Lancaster, Pennsylvania, was sentenced today by Chief United States District Court Judge Christopher C. Conner to serve 27 months’ imprisonment for committing perjury.

 

According to United States Attorney Bruce D. Brandler, Carrasco-Rivera was convicted of committing mail fraud in a scheme he devised to obtain more than $102,000 of unemployment benefits to which he was not entitled. After he was sentenced to serve 18 months in prison for that case in June 2016, it was learned he purposely failed to correct inaccurate information in his Presentence Report regarding his criminal history. It was learned that Carrasco-Rivera was prosecuted and convicted of a drug trafficking crime in Massachusetts in 1991 under the name Manuel Calcagno and was sentenced to a 20-year prison term for that crime. That conviction was not included in Carrasco-Rivera’s criminal history in the Presentence Report, resulting in a lower advisory sentencing guideline range in his case. When he was ordered to appear before the court regarding the inaccuracy, Carrasco-Rivera lied under oath to the court when he explained how he became associated with the Calcagno name. He pled guilty to committing the perjury. In sentencing Carrasco-Rivera for the perjury, Chief Judge Conner found that he interfered with the administration of justice by causing an unnecessary expenditure of significant governmental resources to investigate his statements. The sentence for the perjury was imposed to run consecutive to the sentence for the fraud offense.

 

This matter was investigated by the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations. Assistant U.S. Attorney James T. Clancy prosecuted both the fraud and perjury cases.

 

 

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Steven M. Caravella, age 28, who formerly resided in East Stroudsburg, Pennsylvania, was indicted by a federal grand jury for stealing social security benefits paid to his mother by the Social Security Administration. Caravella was indicted on April 12, 2016, but the case remained sealed until Caravella, a fugitive, was found and arrested in Youngstown, Ohio on July 18, 2017.

 

According to United States Attorney Bruce D. Brandler, the indictment charges Caravella, with using a government-issued debit card to obtain his mother’s social security benefits for approximately one year after her death. Caravella allegedly obtained approximately $7,762 in benefits between August 2012 and July 2013, as a result of the theft. The government is also seeking forfeiture of the funds wrongfully obtained by Caravella.

 

The investigation was conducted by the Social Security Administration’s Office of the Inspector General. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.

 

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

 

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

 

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

 

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HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tammie Sensenig, age 46, of Denver, Pennsylvania was sentenced July 25, 2017, by United States District Court Judge William C. Caldwell to serve 46 months’ imprisonment for health care fraud.

 

According to United States Attorney Bruce D. Brandler, as a result of prior convictions relating to Medicaid fraud, Sensenig was excluded from providing healthcare to Medicaid beneficiaries. In order to obtain a position as a behavioral health consultant, Sensenig made false representations, including a forged background check, in order to hide her ineligible status. As a result, Medicaid paid approximately $84,500 for her services.

 

“We are pleased that Sensenig will be spending over three and a half years in prison”, said Nick DiGiulio, Special Agent in Charge of the Inspector General’s Office for the U.S. Department of Health and Human Services. “And we will continue to do whatever it takes to keep criminals out of our health care system and to return stolen funds to our benefit programs.”

 

The charges were the result of an investigation conducted by the Pennsylvania Office of Attorney General Medical Fraud Control Section and United States Department of Health and Human Services Office of Inspector General. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.

 

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WILKES-BARRE—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Eric Mann, age 27, of Jim Thorpe, Pennsylvania, was sentenced today to three years’ imprisonment by Senior U.S. District Court Judge A. Richard Caputo, for trafficking in methamphetamine in the Lehighton area in September 2016.

 

According to United States Attorney Bruce D. Brandler, Mann previously pleaded guilty to possession with intent to distribute methamphetamine. Mann admitted to possessing approximately 250 grams of the drug at a residence in Lehighton on September 8, 2016. Agents seized the methamphetamine, digital scales, and plastic baggies from Mann’s bedroom in the residence.

 

Judge Caputo also ordered Mann to serve three years on supervised release following his prison sentence.

 

Mann was indicted by a federal grand jury in October 2016, as a result of an investigation by agents of the Drug Enforcement Administration and local police in Carbon County. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

 

 

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Mason David Powell, age 28, of Biglerville, Pennsylvania pleaded guilty on July 25, 2017, before Chief United States District Court Judge Christopher C. Conner to sexual exploitation of children, production of child pornography, possession of child pornography, and online coercion and enticement of minors.

 

According to U.S. Attorney Bruce D. Brandler, in 2015, Powell admitted to enticing minor boys to engage in graphic sexual text message exchanges with him, eventually escalating to coercing these victims to produce pornographic images of themselves and send them to him online. Powell was arrested by the Adams County District Attorney’s Office Criminal Investigation Division on October 17, 2015, and law enforcement seized Powell’s cell phone at the time of his arrest. The FBI forensically examined Powell’s cell phone and discovered that Powell had downloaded and saved child pornography images on this device. Through further investigation, the FBI identified and interviewed multiple additional minor victims in the Biglerville community that Powell either coerced online, produced images of child pornography of or sexually assaulted.

 

This case was investigated by the Federal Bureau of Investigation and the Adams County District Attorney’s Office Criminal Investigation Division. Assistant United States Attorney Meredith A. Taylor prosecuted the case.

 

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

 

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 production of child pornography charge carries a mandatory minimum sentence of 15 years imprisonment, and the charge of online coercion and enticement of minors requires a 10 year mandatory minimum sentence. The maximum penalty under federal law is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Cormier, age 32, of Williamsport, Pennsylvania was sentenced today by Chief United States District Court Judge Christopher C. Conner to serve 180 months’ imprisonment for being a felon in possession of a firearm.

 

According to United States Attorney Bruce D. Brandler, the charges resulted from a shooting incident outside the 5th Avenue Tavern in Williamsport in February 2015, during which Cormier was apprehended with a 9mm Taurus semiautomatic pistol. Cormier, whose status as a convicted felon prohibited him from possessing firearms, pleaded guilty to the charges in March 2016. He was sentenced under the Armed Career Criminal Act which provides for enhanced penalties for persons previously convicted of three or more drug felonies or violent crimes.

The charges were the result of an investigation conducted by the Williamsport Police Department and the Bureau of Alcohol, Tobacco, and Firearms. Assistant United States Attorney Geoffrey W. MacArthur 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.

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shane Lopez, age 22, of Shenandoah, Pennsylvania, was sentenced today to five years in prison by Senior U.S. District Court Judge James M. Munley, for his role in a heroin trafficking ring that operated in Schuylkill County from 2012 through May 2016.

 

According to United States Attorney Bruce D. Brandler, Lopez previously pleaded guilty to conspiracy to distribute more than 100 grams of heroin (which equals approximately 4000 retail bags of heroin). Lopez admitted to being a sub-distributor of heroin for Rhashean Strange, a/k/a “Chicago,” who headed-up the conspiracy. Strange previously pleaded guilty and is awaiting sentencing. Eleven people have been charged in the case.

 

Judge Munley also ordered Lopez to serve four years on supervised release following his prison sentence.

 

In imposing the sentence, Judge Munley noted that Lopez’s activities contributed to the opioid epidemic that is plaguing our communities.

 

Lopez was indicted by a federal grand jury in May 2016, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and Shenandoah Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

 

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

 

 

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

 

According to United States Attorney Bruce D. Brandler, Benko, a former Research Technologist at the Hershey Medical Center in Hershey, Pennsylvania, performed 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 revealed that 60 of the 124 patients had results discordant with results obtained by two outside laboratories.

 

Benko admitted to making a false statement to administrators at the Hershey Medical Center on April 11, 2014, about the manner by which he performed the genetic assays. Benko admitted he lied and concealed the fact that he did not follow standard Hershey operating procedures by failing to use a device known as a NanoDrop 2000 photo spectrometer in performing the assays and by failing to preserve the patients’ leftover tissue and DNA samples.

 

The Hershey Medical Center incurred out of pocket expenses totaling $69,906 for outside laboratory re-testing of all of the affected patients. Under the terms of his plea agreement, Benko agreed to make full restitution to the Medical Center in his amount. No date has yet been scheduled for Benko’s sentencing pending preparation of a pre-sentence report.

 

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

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

 

# # #

 

 

HARRISBURG – The United States Attorney=s Office for the Middle District of Pennsylvania announced today that Quan Leroy Gross, age 44, of York, Pennsylvania, pleaded guilty to possession of a firearm by a convicted felon before United States District Court Judge Sylvia H. Rambo.

 

According to United States Attorney Bruce D. Brandler, Gross admitted to possessing a loaded firearm while engaged in drug trafficking in York City. As a previously convicted felon, Gross is prohibited from possessing firearms.

 

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department. Assistant United States Attorney Meredith A. Taylor 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.

 

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.

 

Gross faces a mandatory minimum of fifteen years imprisonment. The maximum penalty under federal law is lifetime 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 Alfred Yale, age 37, a resident of Wilkes-Barre, Pennsylvania was sentenced today by United States District Court Judge Robert D. Mariani to serve 262 months’ imprisonment for drug distribution resulting in death.

 

According to United States Attorney Bruce D. Brandler, Yale pleaded guilty in May 2016, to conspiracy to distribute and possession with intent to distribute heroin laced with fentanyl to a 20-year old man, who overdosed and died on June 3, 2015. A co-defendant, Michelle Beagle, pleaded guilty to the same charge in March 2016, and is awaiting sentencing.

 

The charges were the result of an investigation conducted by the South Abington Police Department and the Drug Enforcement Administration - Scranton office. Assistant United States Attorney Michelle Olshefski 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.

 

In addition to the prison term, Judge Mariani also ordered that a probation officer supervise Yale for three years following his release from prison, and that Yale pay restitution in the amount of $8,174.13.

 

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian LaChance, age 28, of Olyphant, was sentenced to 10 years in prison today by Senior U.S. District Court Judge Richard P. Conaboy, for using a facility of interstate commerce to attempt to entice a minor to engage in illegal sexual conduct.

 

According to United States Attorney Bruce D. Brandler, LaChance previously pleaded guilty to using the internet and a cell phone to attempt to entice and persuade a 15-year-old female to send him sexually explicit photographs of herself. LaChance committed the offense in November 2015.

 

Judge Conaboy also ordered that LaChance be placed on supervised release for 10 years following his prison sentence. LaChance must also register as a sex offender, receive sex offender treatment, and comply with sex offender notification provisions.

 

The case was investigated by the Federal Bureau of Investigation and U.S. Army criminal investigators. 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 Willie Tyler, age 65, formerly of Carlisle, Pennsylvania, was convicted of witness tampering through physical force and murder for his role in a homicide in April 1992. The jury returned the verdicts after two-hours of deliberation after a four-day trial in Harrisburg before United States District Court Judge John E. Jones, III.

 

According to United States Attorney Bruce D. Brandler, the case involved the brutal murder of a law enforcement confidential informant from the Carlisle area. The victim was scheduled to testify in Cumberland County Court against David Tyler, the brother of the defendant, on the day of her murder. Willie Tyler planned to murder the victim, along with four other individuals, who were convicted for their role in the murder in previous federal and state court proceedings.

 

Tyler was first tried in state court in 1994, and acquitted for the murder. The case was then adopted for federal prosecution, and Tyler was convicted after a federal jury trial in 1996. The Third Circuit Court of Appeals overturned his conviction and the case was re-tried in 2000. Following a jury trial in 2000, Tyler was again convicted but in 2013, the Third Circuit Court of Appeals overturned the 2000 conviction and remanded the case to the district court for a new trial. Tyler was then re-tried and convicted for the third time today.

 

"After 25 years and three federal trials, justice has been served, yet again, in the brutal murder of a witness who was cooperating with a joint drug task force. Our office will not rest, no matter how long it takes, to ensure that individuals who attempt to subvert justice by silencing witnesses are held accountable for their crimes.” “I also want to thank all the dedicated law enforcement officers, current and retired, who worked so long and hard in making sure justice was served,” stated United States Attorney Brandler.

 

The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, and the Pennsylvania State Police with cooperation from the Carlisle Police Department. The case was prosecuted by Assistant United States Attorneys Chelsea Schinnour, Joseph J. Terz and Special Assistant United States Attorney Gordon A. Zubrod.

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Keri Laird, age 42, of Madisonburg, Pennsylvania, was charged in a criminal information with theft.

 

According to United States Attorney Bruce D. Brandler, the information alleges that between August 7, 2013 and January 21, 2015, Laird stole $5,489 from the United States Postal Service. At the time, Laird was employed at the Madisonburg Post Office.

 

The case was investigated by the U.S. Postal Service Office of the Inspector General. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.

 

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

 

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

 

The maximum penalty under federal law for this offense is 10 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 Susan Kevra-Shiner, age 48, of Clarks Summit, Pennsylvania, was sentenced today by United States District Court Judge Malachy Mannion to serve 24 months’ imprisonment for multiple counts of mail fraud.

 

According to United States Attorney Bruce D. Brander, a federal jury convicted Kevra-Shiner in January 2016, on seven counts of mail fraud. Kevra-Shiner was the sole owner of GK Abstract Company, Inc., located in Avoca, Pennsylvania. GK Abstract sold title insurance policies as an agent for Stewart Title Guaranty Company, a Texas based company. In 2008, Stewart terminated their relationship with Kevra-Shiner. The evidence at trial shows that between November 2008 and December 2009, Kevra-Shiner fraudulently sold invalid title insurance policies to 69 victims and collected $67,957.20 in premiums.

 

In addition to the prison term, Judge Mannion also ordered that a probation officer supervise Kevra-Shiner for three years following her release from prison, and that Kevra-Shiner pay restitution in the amount of $67,957.20.

 

The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Evan Gotlob prosecuted the case.

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Third Circuit Court of Appeals today affirmed the 96-month prison sentence imposed by Senior U.S. District Court Judge Richard P. Conaboy on Carlos Cruz, age 49, who used three of his children to help him distribute heroin and cocaine in Monroe and Wayne Counties during 2011-2014.

 

According to United States Attorney Bruce D. Brandler, Cruz, who resided in Wayne and Monroe Counties at the time of the offense and later moved to Florida, claimed on appeal that Judge Conaboy should have imposed a lesser sentence based on certain of Cruz’s personal characteristics.

 

In affirming the sentence, the Third Circuit Court rejected Cruz’s arguments and noted that Judge Conaboy appropriately considered the relevant sentencing factors in imposing a sentence in the middle of the applicable guideline range.

 

The Third Circuit Court noted that Judge Conaboy appropriately “highlighted the distinct role that Cruz played in the illicit enterprise.” “Cruz,” noted the Court, “was the leader of the criminal activity, and his co-defendants were his children.” Judge Conaboy, the Third Circuit Court further noted, “explained that Cruz had taught his family to disrespect the law.”

 

Cruz previously pleaded guilty to conspiring with his children and others from Monroe and Wayne Counties, to distribute heroin and cocaine. Brandon Cruz, Tiffanyann Cruz, and Rubie Cruz also pleaded guilty to participating in the conspiracy.

 

The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, the Wayne County District Attorney’s Office, and Pocono Mountain Regional Police. Assistant United States Attorney Francis P. Sempa prosecuted the case and handled the appeal.

 

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.

 

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Larry Eason a/k/a “Tree,” age 34, of Renovo, Pennsylvania, was sentenced on July 12, 2017, to 15 years’ imprisonment by United States District Court Judge Matthew W. Brann for conspiracy to distribute 1,000 grams or more of heroin.

 

According to United States Attorney Bruce D. Brandler, Eason pled guilty in December 2016, to conspiracy to distribute 1,000 grams or more of heroin. One thousand grams of heroin is the equivalent of approximately 40,000 individual doses of potentially fatal heroin. Judge Brann found that from January 2014 through March 2015, Eason managed and supervised more than five participants in a conspiracy to distribute heroin, crack cocaine, cocaine, MDMA, and prescription pills, including oxycodone, to drug users and sellers in Williamsport and Lycoming, and Clinton Counties. The conspirators used mobile phones, social media, four addresses in Williamsport, and multiple motor vehicles to carry out drug distribution activities. The conspirators also bought, sold, traded, and possessed firearms in exchange for cash and controlled substances and to facilitate the distribution of controlled substances.

 

In addition to the prison term, Judge Brann also ordered that a probation officer supervise Eason for five years following his release from prison, and pay a $1,500 fine.

 

Judge Brann also ordered a forfeiture money judgment in the amount of $1 million.

 

The case was investigated by the Federal Bureau of Investigation with substantial support and assistance from the Lycoming County District Attorney’s Office, the Old Lycoming Township Police Department, the Williamsport Bureau of Police, the Northumberland-Montour County Drug Task Force, the United States Marshals Service and the Pennsylvania State Police. Assistant United States Attorney George J. Rocktashel 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 today that Mark Heath, age 38 and Shawn Melleski, age 26, both of Wilkes-Barre, Pennsylvania, were indicted on July 11, 2017, by a federal grand jury for methamphetamine trafficking offenses.

 

The indictment was unsealed on July 13, 2017, following Melleski’s arrest. Heath’s arraignment is scheduled for July 18, 2017, before United States Magistrate Judge Karoline Mehalchick. Melleski was arraigned by Magistrate Judge Mehalchick on July 13, 2017, and was ordered detained pending trial.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Heath and Melleski possessed with the intent to distribute more than 50 grams of methamphetamine in June 2017.

 

The charges stem from an investigation by the Federal Bureau of Investigation, the Wilkes-Barre Police Department, the Kingston Police Department and the Pennsylvania State Police. Assistant United States Attorney Evan Gotlob is prosecuting the case.

 

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

 

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

 

The defendants are facing a mandatory minimum of five years and maximum of 40 years in prison and a $5,000,000 maximum fine and lifetime maximum 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.

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 11, 2017, Phillip Finn, Jr, age 47, of Plains Township, Pennsylvania, was indicted by a federal grand jury for stalking, making threatening interstate communications and causing malicious damage to federal property by fire.

 

The indictment was unsealed today following Finn’s initial appearance before U.S. Magistrate Judge Karoline Mehalchick. Finn was detained on the charges pending trial.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that between March 3, 2017 and March 6, 2017, Finn used Facebook, Google and his cell phone to engage in a course of conduct, to harass and intimidate two Luzerne County Children and Youth Services employees. The indictment also alleges that on March 6, 2017, Finn used three Molotov cocktails to damage the Luzerne County Children and Youth Services Office building, located in Wilkes-Barre.

 

The case was investigated by the U.S. Federal Bureau of Investigation, the Wilkes-Barre City Police Department, and the Luzerne County District Attorney’s Office. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.

 

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

 

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

 

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

 

# # #

HARRISBURG– The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Austin Carr, age 23, of York, Pennsylvania, was indicted by a federal grand jury with armed bank robbery, the armed robbery of a convenience store, and two counts of possession of a firearm in furtherance of a crime of violence.

 

According to U.S. Attorney Bruce D. Brandler, the indictment alleges that Carr robbed the Turkey Hill on West Market Street in York on June 14, 2017, using a silver and black .380 caliber, Smith and Wesson handgun. Carr allegedly used the same firearm to rob the M&T Bank on West Market Street in York on June 17, 2017.

 

The matter was investigated by the FBI Capital City Violent Crimes Task Force, the York City Police Department, the West York Borough Police Department, and the West Manchester Township Police Department. 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 are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

 

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

 

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

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jule Futrell, age 44, a resident of Endicott, New York, was sentenced by Senior United States District Court Judge James M. Munley to serve 208 months’ imprisonment for multiple armed robberies of banks and another business.

 

According to United States Attorney Bruce D. Brandler, Futrell pleaded guilty in March 2016, to committing two armed bank robberies, a pharmacy robbery, and to a firearms charge. The robberies were:

• March 13, 2014, First National Community Bank (FNCB), Jenkins Township, Pennsylvania, Futrell and co-defendant Jeremy West stole approximately $57,000 in cash;

• April 18, 2014, CVS pharmacy, East Stroudsburg, Pennsylvania, Futrell and West stole an unknown quantity of controlled substances;

• November 26, 2014, NBT Bank, Keyser Avenue, Scranton, Pennsylvania, Futrell and co-defendant Jemal Laquan King stole approximately $101,000 in cash.

Another co-defendant, Dorian Whitehead, pleaded guilty to aiding and abetting the two armed bank robberies.

 

Judge Munley sentenced Futrell’s co-defendants for their roles in the crimes. King was sentenced on July 26, 2016, to 157 months’ imprisonment, West was sentenced on January 6, 2017, to 126 months’ imprisonment, and Whitehead was sentenced on January 5, 2017, to 51 months’ imprisonment.

 

In addition to the prison term, Judge Munley also ordered that a probation officer supervise Futrell for three years following his release from prison, and that Futrell pay restitution in the amount of $171,180.50.

 

The charges were the result of an investigation conducted by the Federal Bureau of Investigation – Scranton and Binghamton offices. Assistant United States Attorney Michelle Olshefski 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 two Luzerne County men were indicted on July 11, 2017, by a federal grand jury on bank robbery charges.

 

According to United States Attorney Bruce D. Brandler, the indictment charges Doug Sickler, age 36, and Shawn Cavanaugh, age 35, both of Luzerne County, Pennsylvania, with the armed robbery of the PNC Bank in Avoca, Pennsylvania and taking more than $2,000 on June 21, 2017.

 

The charges stem from a joint investigation between the Federal Bureau of Investigation and Wilkes-Barre, Kingston and Pennsylvania State Police Departments. Assistant United States Attorney Evan Gotlob 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 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.

 

Sickler and Cavanaugh face a maximum of 25 years in prison as well as 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 that Darrian Walker, age 26, of Harrisburg, Pennsylvania, was indicted by a federal grand jury for possession of cocaine and heroin with intent to distribute, possession of a firearm by a felon, and possession of a firearm in furtherance of drug trafficking.

 

According to United States Attorney Bruce D. Brandler, Walker was found to possess heroin, cocaine, and a firearm on May 7, 2017, in Harrisburg.

 

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

 

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

 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jesse Owen Maurice, age 27, of Carlisle, Pennsylvania, was indicted by a federal grand jury for offenses involving the sexual exploitation of a minor.

 

According to United States Attorney Bruce D. Brandler, Maurice is alleged to have coerced and enticed a minor to take sexually explicit photographs of herself and send them to him over the internet in November 2016. Maurice also is charged with distributing those sexually explicit photographs. The two-count indictment charges Maurice with production of child pornography and receipt and distribution of child pornography. The indictment also seeks forfeiture of all electronic equipment used to take those images.

 

This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney James T. Clancy is prosecuting the case.

 

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

 

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

 

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

 

The maximum penalty under federal law for the production of child pornography offense is 30 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of 15 years. The receipt and distribution of child pornography charge is punishable by a maximum of 20 years’ imprisonment and a $250,000 fine. That charge carries a mandatory minimum term of imprisonment of five years. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jerry Breck, III, age 34, of Coaldale, Pennsylvania, was indicted on July 11, 2017, by a federal grand jury for possession of methamphetamine with the intent to distribute.

 

According to United States Attorney Bruce D. Brandler, Beck was found in possession of approximately 200 grams of methamphetamine at his home on July 5, 2017.

 

The charges stem from an investigation by the Drug Enforcement Administration and the Pennsylvania State Police Department. Assistant United States Attorney Evan Gotlob is prosecuting the case.

 

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

 

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 minimum of five years and maximum of 40 years in prison and a $5,000,000 maximum fine and lifetime maximum 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.

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal jury in Scranton returned a verdict yesterday for life imprisonment for Jessie Con-Ui, age 40, a federal inmate, for the first-degree murder of U.S. Correctional Officer Eric Williams. Senior U.S. District Court Judge A. Richard Caputo scheduled the formal imposition of the life sentence for October 12, 2017.

 

According to United States Attorney Bruce D. Brandler, on June 7, 2017, the same jury convicted Con-Ui of “willfully, deliberately, maliciously, and with premeditation and malice aforethought” killing Officer Williams while he was engaged in the performance of his duties at the Canaan Federal Correctional Complex, United States Penitentiary, in Waymart, Pennsylvania, on February 25, 2013.

 

The evidence at trial established that Con-Ui, armed with two sharpened weapons (commonly known as “shanks”), positioned himself at the top of a metal stairway as Correctional Officer Williams ascended the stairway leading to the second floor of a housing unit within the prison. Inmate Con-Ui kicked Correctional Officer Williams down the stairs and then stabbed him over 200 times with the weapons. Con-Ui also repeatedly kicked and stomped on Correctional Officer Williams causing massive fatal injuries.

 

At the time of the murder, Con-Ui was serving an 11-year federal sentence for conspiracy to possess with intent to distribute more than 5 kilograms of cocaine, imposed by the United States District Court, in Phoenix, Arizona, in 2005. Con-Ui was also serving a concurrent life sentence for first-degree murder imposed by the Maricopa County Superior Court, Phoenix, Arizona, in 2008. In connection with that event, Con-Ui shot and killed Carlos Garcia on August 25, 2002, in Phoenix, Arizona.

 

At the time of his death, Correctional Officer Eric Williams was 34-years-old, and a resident of Wapwallopen, Pennsylvania.

 

“A correctional officer has one of the most dangerous jobs in law enforcement. Eric Williams was performing that job at USP Canaan, when was he blindsided and brutalized by Jessie Con-Ui,” said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division.” The heinous violence inflicted upon Correctional Officer Williams cost a dedicated federal officer his life. At the Philadelphia FBI, our hearts go out to the Williams family and all who knew and loved Eric.”

 

“We are extremely disappointed with the jury’s verdict, but I want to highlight the outstanding work of all the men and women who worked on this case for over four years,” said United States Attorney Brandler. “The Phoenix, Arizona Division of the Federal Bureau of Investigation, the Phoenix Police Department, the Phoenix Department of Corrections, and the Phoenix Juvenile Justice Office; the Federal Bureau of Investigation Laboratory in Quantico, Virginia; the Scranton, Pennsylvania Division of the Federal Bureau of Investigation, the Federal Bureau of Prisons, the U.S. Attorney’s Office Victim-Witness Unit and legal support staff, and Assistant United States Attorneys Fran P. Sempa and Robert J. O’Hara and Department of Justice Capital Case Section Attorney Robert J. Feitel, all performed their roles in exemplary fashion and deserve our appreciation for their tireless efforts in the prosecution of this case.”

 

 

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WILKES-BARRE. The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 8, 2017, United States District Court Judge A. Richard Caputo sentenced Samuel and Steven Borgia to 6 months home-confinement and 1-year probation for conspiring to commit wire fraud in connection with the fraudulent receipt of unemployment benefits. Judge Caputo also ordered that the defendants pay $169,524.33 in restitution to the Federal and State Department of Labor.

 

According to United States Attorney Bruce D. Brandler, Samuel Borgia, age 52, and Steven Borgia, age 46, owned and operated Home Resource Corporation, a home improvement company in Scranton. From 2009 to 2012, the defendants filed fraudulent claims for unemployment compensation and received unemployment benefits to which they were not entitled. Additionally, the defendants instructed a number of their employees who were employed to falsely report to the Pennsylvania Department of Labor that the employees were not employed in order for the employees to also fraudulently receive unemployment benefits. The defendants and their co-conspirators received more than $150,000 as a result of the scheme and caused more than $300,000 in losses to both the Federal and State Department of Labor.

 

The Borgia brothers plead guilty to a one-count information pursuant to plea agreements on November 30, 2016.

 

The case was investigated by the United States Department of Labor, Office of the Inspector General, and the Pennsylvania Department of Labor. Assistant United States Attorney Evan Gotlob is prosecuted the case.

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kevin L. Reese, age 28, a resident of Little Rock, Arkansas, was sentenced on July 7, 2017, by Senior United States District Court Judge James M. Munley to serve 70 months’ imprisonment for mail fraud and aggravated identity theft.

 

According to United States Attorney Bruce D. Brandler, a federal jury convicted Reese in February 2017, on six counts of mail fraud and six counts of aggravated identity theft. Between November 2014 and August 2015, Reese defrauded Sheehan Pipe Line and Construction Company of approximately $300,000 while employed by Sheehan as a manager of a field office located in Dunmore, Pennsylvania. Reese engaged in a scheme to create and generate fraudulent payroll checks for Sheehan employees for time periods that began either before the employee started employment with Sheehan, or after the employee left employment with Sheehan. Reese fraudulently created the payroll checks by unlawfully using the names of Sheehan employees and then forged their names to the checks.

 

In addition to the prison term, Senior Judge Munley also ordered that a probation officer supervise Reese for three years following his release from prison, and that Reese pay restitution in the amount of $225,714.

 

The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Michelle Olshefski prosecuted the case.

 

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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Antoine Paris Davis, age 39, a resident of Williamsport, Pennsylvania, was sentenced to 12 years’ imprisonment by United States District Court Judge Matthew W. Brann for the distribution of 100 grams or more of heroin.

 

Davis was convicted by a federal jury on September 30, 2016, of conspiracy to distribute heroin and cocaine and possession with intent to distribute heroin and cocaine. The jury also found Davis was responsible for the distribution of 100 grams or more of heroin. One hundred grams of heroin is the equivalent of approximately 4,000 individual doses of potentially fatal heroin.

 

According to United States Attorney Bruce D. Brandler, from June 2014 through January 2015, Davis conspired with co-defendant, Rasheem Jarbar Ruley, age 24, a resident of Williamsport, to distribute heroin and cocaine to drug users and sellers in Williamsport and distributed and possessed those substances with the intent to distribute on four separate occasions. Ruley and Davis stored heroin and cocaine at their residence on Tinsman Avenue in Williamsport, including a large bag containing over 100 grams of heroin (136 small bags of heroin packaged for sale), 16 bags of cocaine, and digital scales. Pennsylvania State Police investigators also found approximately $1,300 in cash drug proceeds, digital scales used to weigh drugs, plastic bags, wax packets, and rubber bands used to package heroin and cocaine for distribution.

 

Ruley was sentenced to 60 months’ imprisonment by Judge Brann for conspiracy to distribute heroin and cocaine and possession with intent to distribute heroin and cocaine.

The case was investigated by the Pennsylvania State Police, the Williamsport Bureau of Police, the Lycoming County District Attorney’s Office, the Lycoming County Narcotics Enforcement Unit, and the Federal Bureau of Investigation Safe Streets Task Force. Assistant U.S. Attorney George Rocktashel 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.

 

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 6, 2017, United States District Judge Robert D. Mariani sentenced Lewis Davenport, age 40, to 48 months’ imprisonment and a two-year term of supervised release, for conspiring to commit theft on federal land, and for committing aggravated identity theft.

 

According to United States Attorney Bruce D. Brandler, Davenport and other individuals broke into unoccupied automobiles located in the Delaware Water Gap National Recreation Area. Davenport admitted that he and his conspirators stole electronics, cellular phones, credit cards and other items from the automobiles, and used the stolen credit cards at various retail businesses in Bartonsville and in Easton, Pennsylvania.

 

In pronouncing the sentence, Judge Mariani emphasized Davenport’s extensive criminal history, which included 19 convictions involving theft- and credit card fraud-related activities. Judge Mariani also imposed a $1,174.89 order of restitution as part of Davenport’s sentence.

 

The investigation was conducted by the National Park Service Rangers. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ashley Brosius, age 30, of Stroudsburg, Pennsylvania, a former player coordinator for the Mount Airy Casino Resort, was charged on July 5, 2017, in a criminal information with conspiracy to commit money laundering.

 

According to United States Attorney Bruce D. Brandler, the information alleges that Brosius and an unindicted co-conspirator defrauded the Mount Airy Casino Resort by engaging in a money laundering scheme involving the use of stolen names and PINs (personal identification numbers) that were tied to players’ club cards. It is alleged that with the assistance of an unindicted co-conspirator, Brosius used the stolen information to create duplicate player club cards, which she then loaded with “free slot play” credits. The fraudulently created cards were then given to the unindicted co-conspirator to gamble with, primarily at slot machines. The criminal information also alleges that the scheme began in November 2014 and continued to November 2015, and that the fraudulent free play amounted to approximately $140,000.

 

The case was investigated by the Internal Revenue Service, Criminal Investigations and the Pennsylvania State Police. Assistant United States Attorney Michelle Olshefski is prosecuting the case.

 

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

 

A sentence following a finding of 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 law for this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a $500,000 fine. The crime also carries a term of supervised release following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Penn National horse trainer Murray Rojas, 51, Grantville, Pennsylvania, was convicted of 14 felony counts of misbranding prescription drugs on race day and conspiracy. The crimes involved Rojas directing veterinarians to administer drugs to her horses on race day in violation of track rules and state law. The jury found her not guilty of seven counts of wire fraud and conspiracy to commit wire fraud. The jury returned the verdicts on June 30, 2017, after one day of deliberation, and after an eight-day jury trial in Harrisburg before United States District Court Judge Sylvia H. Rambo.

 

According to United States Attorney Bruce D. Brandler, the conspiracy took place between 2002 and 2014, and involved 58 races. Rojas was convicted of conspiring with three veterinarians to have the drugs administered to horses on the day they were entered to race.

 

The evidence presented during the trial showed that steps were taken to conceal this conduct by backdating invoices for the sale and administration of drugs to the horses on race day, as well as the submission of fraudulent veterinarian treatment reports to the Pennsylvania Horse Racing Commission.

 

The United States Attorney’s Office prosecuted several other individuals as part of this investigation in federal and state court, including:

• Danny Robertson, the official clocker, charged with wire fraud, sentenced to one year probation and ordered to pay a $2,500 fine;

• Craig Lytel, a racing official, charged with wire fraud, sentenced to four months in prison and ordered to pay a $1,000 fine;

• Renée Nodine, veterinarian, charged with misbranding and conspiracy, awaiting sentencing;

• Kevin Brophy, veterinarian, charged with misbranding and conspiracy, awaiting sentencing;

• Fernando Motta, veterinarian, charged with misbranding and conspiracy, awaiting sentencing;

• David Wells, owner and trainer, charged with rigging a publicly exhibited contest, sentenced on February 23, 2015, to three months’ imprisonment;

• Patricia Rogers, trainer, charged with rigging a publicly exhibited contest, received an ARD in Dauphin County Court of Common Pleas;

• Samuel Webb, trainer, charged with rigging a publicly exhibited contest, received an ARD in Dauphin County Court of Common Pleas.

The case was investigated by the by the Federal Bureau of Investigation, the Pennsylvania Department of Agriculture’s Horse Racing Commission and the Food and Drug Administration, Office of Criminal Investigations. Assistant United States Attorney William A. Behe prosecuted the case.

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Reginald L. Lomax, Jr., age 32, of York, Pennsylvania, was sentenced on June 28, 2017, by United States District Court Judge William W. Caldwell to 15 years’ imprisonment for being a felon in possession of a firearm.

 

According to U.S. Attorney Bruce D. Brandler, in December 2014, Lomax, Jr. was found to be unlawfully in possession of a firearm (Jennings, Model J22, .22 caliber semi-automatic pistol) in York County. Lomax is a convicted felon, making it illegal for him to possess a firearm. In addition, Lomax, Jr. was designated an “Armed Career Criminal” by virtue of his prior criminal record which included three felony drug trafficking convictions and subjected him to the minimum mandatory 15 year term.

 

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.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the York City Police Department. Assistant U.S. Attorney James T. Clancy prosecuted the case.

 

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Mandi Rice, age 34, of Three Springs, Pennsylvania, was charged in a criminal information on June 28, 2017, with misappropriation of postal funds by a postal employee.

 

According to United States Attorney Bruce D. Brandler, the information alleges that Rice, a former sales associate of the United States Postal Service, misappropriated approximately $1,900 between May 2016 and October 2016.

 

Under the terms of a plea agreement filed with the criminal information, Rice has agreed to enter a guilty plea and pay restitution. The plea agreement is subject to approval of the court.

 

The case was investigated by the United States Postal Service, Office of the Inspector General. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.

 

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

 

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

 

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

 

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Richard J. Morgan, age 54, of Shavertown, Pennsylvania, was charged on June 27, 2017, in a criminal information with one count of bank fraud and one count of interfering with the administration of the internal revenue laws.

 

According to United States Attorney Bruce D. Brandler, Morgan owned and operated Wilkes-Barre Bookkeeping, LLC, a Shavertown, Pennsylvania-based business that provided payroll services to its clients. The information alleges that Morgan was contracted 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 tax authorities for two of his clients, identified as Non-Profit Corporation #1 and Corporation #1. Morgan allegedly failed to file the Internal Revenue Service (IRS) Forms 941 and to remit the employment taxes to the appropriate authorities for both clients, instead embezzling the funds for his own personal use. The information alleges that between December 13, 2011 and September 16, 2014, Morgan embezzled $305,756.30 from Non-Profit Corporation #1, and that between January 7, 2015 and October 14, 2016, Morgan embezzled $54,607.65 from Corporation #1.

 

The information also alleges that Morgan served as a Treasurer for an entity identified as Non-Profit Corporation #2, and was tasked with selling its assets and winding up its operations when it closed in February 2010. Between March 16, 2010 and December 9, 2014, after paying Non-Profit Corporation #2’s outstanding liabilities, Morgan allegedly embezzled the remaining residual sales proceeds of $68,172.

 

The information further charges that when the IRS commenced an investigation of Morgan’s activities, he took steps to obstruct the investigation. Between May 28, 2013, and August 28, 2014, Morgan allegedly made misrepresentations to IRS employees, claimed to be working with fictitious IRS employees to resolve the matter, and provided the IRS with altered bank statements and accounting records to conceal his embezzlements.

 

The government also filed a plea agreement with Morgan to the charges, which is subject to approval of the court. A date for his initial appearance has not been set.

 

The case was investigated by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.

 

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

 

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

 

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

 

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Judge James M. Munley sentenced Rehan A. Merchant, age 40, of Bushkill Falls, Pennsylvania, to 54 months’ imprisonment and a three-year term of supervised release, for conspiring to commit wire fraud and for committing aggravated identity theft.

 

According to United States Attorney Bruce D. Brandler, Merchant was the owner and operator of the Cigar and Tobacco Outlet in Tannersville, Pennsylvania. Merchant pleaded guilty in June 2016, admitting that from September 2014, through September 2015, he and his co-conspirators used and attempted to use counterfeit and stolen credit and debit cards to make fraudulent purchases at the Cigar and Tobacco Outlet. Merchant and his co-conspirators also forged the names of cardholders on the associated credit and debit card receipts. The conspirators further trafficked tobacco between Pennsylvania and New York. Merchant obtained $193,219.76 from the fraudulent scheme, and attempted but failed to obtain an additional $983,811.59.

 

Investigators were able to seize and forfeit $82,762.67 of fraudulently-obtained funds. In pronouncing the sentence of imprisonment, Judge Munley emphasized the number of victims who suffered from Merchant’s criminal activities. Judge Munley also imposed a $193,219.76 order of restitution as part of Merchant’s sentence.

 

The investigation was conducted by Homeland Security Investigations and the Monroe County District Attorney’s Office. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that four previously deported aliens were indicted separately by a federal grand jury with illegal re-entry into the United States by a previously deported alien.

 

According to United States Attorney Bruce D. Brandler, Jose Perez-Verdugo, age 37, a citizen of Mexico, was previously deported from the United States to Mexico on three prior occasions in August 2008, September 2013, and March 2014. He is alleged to have illegally re-entered the United States sometime after March 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.

 

Under federal law, Perez-Verdugo faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

Jose Arguelles-Varillas, age 53, a citizen of Mexico, was previously deported from the United States to Mexico in May 2012. He is alleged to have illegally re-entered the United States sometime after May 2012, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers. In May 2012, he was convicted in the Third District Court, Salt Lake County, State of Utah for child abuse and attempted forcible sexual abuse, offenses which subject him to enhanced penalties in the current case.

 

Because of Arguelles-Varillas’ previous conviction, under federal law he faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

Maximino Mota-Ortiz, age 43, a citizen of Dominican Republic, was previously deported from the United States to the Dominican Republic in May 1997. He is alleged to have illegally re-entered the United States sometime after May 1997, and was found in the United States in Luzerne County, Pennsylvania after eluding examination or inspection by immigration officers. In July 1995, he was convicted in the Commonwealth of Massachusetts, Middlesex Superior Court, for trafficking in a controlled substance, offenses which subject him to enhanced penalties in the current case.

 

Because of Mota-Ortiz’s previous conviction, under federal law he faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.

 

Francisco Michaca-Dominguez, age 41, a citizen of Mexico, was previously deported from the United States on three separate occasions on January 2006, August 2013, and December 2013. He is alleged to have illegally re-entered the United States in Monroe County, Pennsylvania after he was arrested for a summary offense on April 30, 2017.

 

Under federal law, Michaca-Dominguez faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

Assistant U.S. Attorney Todd K. Hinkley is prosecuting the case.

 

The cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO).

 

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

 

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

 

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

 

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