Middle District of Pennsylvania

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Judge Richard P. Conaboy sentenced Ronald J. Scheu, age 48, of Kunkletown, Pennsylvania, to three years of probation, including an eight-month term of home confinement, for distributing explosives without a license. Judge Conaboy also fined Scheu $1,000.

 

According to United States Attorney Bruce D. Brandler, Scheu pleaded guilty to distributing 119 M-class devices, 26 class 1.3 mortars, and one aerial shell, without the appropriate license or permit. Scheu admitted to maintaining a storage locker filled with hundreds of pounds of explosives, and to selling professional grade explosives. He also admitted to manufacturing flash powder and explosives at his residence.

 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and by the Carbon 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 Derek Bowman, age 33, of York, Pennsylvania, was sentenced on February 15, 2017, to 141 months’ imprisonment by United States District Court Judge William J. Caldwell for the armed robbery of PNC bank in York, Pennsylvania, on January 9, 2016.

 

According to United States Attorney Bruce D. Brandler, Bowman entered the PNC bank branch located on East Market Street, in York, with a sawed-off shotgun. He pointed the shotgun at a bank employee and demanded money from her drawer. He stole approximately $3,000 from the bank before fleeing the scene. Bowman was arrested by Pennsylvania State Police the next day and was found to be in possession of money and heroin. The shotgun was later recovered by Springettsbury Township Police.

 

This matter was investigated by the Springettsbury Township Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Chelsea Schinnour 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 Robert Benussi, III, age 26, of Wilkes-Barre, Pennsylvania, pleaded guilty today before Senior U.S. District Court Judge James M. Munley to participating in a conspiracy to distribute alpha-pvp, commonly known as “bath salts.”

 

According to United States Attorney Bruce D. Brandler, Benussi admitted to agreeing with others to distribute the drug to customers in the Luzerne County area during 2014 and 2015. The members of the conspiracy obtained the alpha-pvp from suppliers in China.

 

Benussi also admitted that he and others used force, threats, and intimidation in connection with the drug conspiracy.

 

Benussi was one of seven people charged by a grand jury in August 2016. That indictment was the fourth wave of arrests connected to alpha-pvp distribution in Luzerne County. In all, 18 people have been charged in the case since July 2013, including a Texas-based supplier of the bath salts. Benussi is the fourteenth defendant to plead guilty in the case.

 

Judge Munley ordered a pre-sentence investigation to be completed and scheduled sentencing in the case for May 19, 2017. Benussi is detained in prison pending sentencing.

 

“Homeland Security Investigations and our law enforcement partners will continue to use all resources at our disposal to detect and prevent the importation and distribution of dangerous chemicals and narcotics that continue to ravage our communities. The excellent investigative work in this case conducted by HSI Special Agents, our Task Force Officers from the Pennsylvania State Police, and U.S. Postal Inspection Service Inspectors directly resulted in the today’s guilty plea,” said Marlon V. Miller, special agent in charge of HSI Philadelphia, “These seizures and related arrests are another victory in ridding our communities of these poisons."

The investigation was conducted by Homeland Security Investigations, United States Postal Inspectors, the Drug Enforcement Administration, members of the Pennsylvania State Police, and local police from Luzerne County. Assistant United States Attorney Francis P. Sempa is prosecuting the case.

 

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

 

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

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael J. Jackson, age 57, of Hershey, Pennsylvania, was indicted on February 15, 2017, by a federal grand jury on wire fraud, bankruptcy fraud, false bankruptcy oaths and claims, and aggravated identity theft charges.

 

The indictment was unsealed today following Jackson’s initial appearance before United States Magistrate Judge Susan E. Schwab. Jackson was ordered detained pending his detention hearing scheduled for February 17, 2017.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Jackson perpetrated a scheme to defraud his creditors, the Bankruptcy Court for the Middle District of Pennsylvania, and his wife between 2009 and 2017, by filing seven Chapter 13 and 11 bankruptcy petitions, five of which were filed under Jackson’s name and two of which were filed under his wife’s name without her knowledge, information or consent. The indictment also alleges the petitions contained false information regarding Jackson’s income, his assets, and his employment, and were merely filed in order to postpone a Sheriff’s Sale of his Hershey residence.

 

The case was investigated by the Harrisburg Offices of the Internal Revenue Service, Criminal Investigations and the Federal Bureau of Investigation. Assistant United States Attorney Kim Douglas Daniel is prosecuting the case.

 

Wire Fraud is punishable by up to 20 years’ imprisonment. Bankruptcy Fraud and False Statements in Bankruptcy matters both carry a five-year statutory maximum.

 

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court a term of supervised release following imprisonment, and a fine.

 

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

 

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

 

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Linda Ferris, age 55, of Newfoundland, Pennsylvania, was charged in a criminal information filed in U.S. District Court in Scranton charging her with knowingly making a false statement during her bankruptcy case.

 

According to United States Attorney Bruce D. Brandler, Ferris filed for bankruptcy in July 2013 and did not disclose all of her assets. The information alleges that at a Chapter 7 Bankruptcy hearing in Wilkes-Barre in September 2013, Ferris testified falsely under oath that her bankruptcy schedules were accurate and that she had disclosed all of her assets when, in fact, she knew that she received approximately $194,000, which was not listed on her bankruptcy schedules.

 

The charges stem from an investigation by the Federal Bureau of Investigation and the United States Trustee’s Office. Assistant United States Attorney Evan Gotlob is prosecuting the case.

 

The government also filed a plea agreement signed by the defendant which is subject to the approval of the court.

 

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

 

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SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Paul Rodriguez, age 41, of Wilkes-Barre, Pennsylvania, was sentenced on February 10, 2017, by United States District Court Judge Malachy E. Mannion to serve 108 months’ imprisonment for his role in a conspiracy to distribute and possess with intent to distribute cocaine.

 

According to United States Attorney Bruce D. Brandler, Rodriguez was indicted along with eight co-conspirators in November 2014, and pleaded guilty to a charge of conspiracy. All eight persons charged in the case have pleaded guilty. Rodriguez and his co-conspirators distributed between 15 kilograms and 50 kilograms of cocaine in Northeastern Pennsylvania between January 2013 and November 2014. The cocaine was shipped to Pennsylvania from Puerto Rico.

 

The case was investigated by the Scranton Resident Office of the Drug Enforcement Administration with assistance from the Wilkes-Barre Police Department. Assistant United States Attorney Evan Gotlob prosecuted the case.

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Peterson, age 33, of Scranton, Pennsylvania, pleaded guilty on February 13, 2017, before Senior U.S. District Court Judge James M. Munley to participating in a conspiracy to distribute alpha-pvp, commonly known as “bath salts.”

 

According to United States Attorney Bruce D. Brandler, Peterson admitted to agreeing with others to distribute the drug to customers in the Luzerne County area during 2014 and 2015. Peterson resided in Luzerne County at the time he was involved in the conspiracy.

 

Peterson was one of seven people charged by a grand jury in August 2016. That indictment was the fourth wave of arrests connected to alpha-pvp distribution in Luzerne County. In all, 18 people have been charged in the case since July 2013, including the Texas-based principal supplier of the bath salts. Peterson is the thirteenth defendant to plead guilty in the case.

 

Judge Munley ordered a pre-sentence investigation to be completed and scheduled sentencing in the case for May 16, 2017.

 

The case was investigated by Homeland Security Investigations, United States Postal Inspectors, the Pennsylvania State Police, and local police from Luzerne County. Assistant United States Attorney Francis P. Sempa is prosecuting the case.

 

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

 

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

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed on February 13, 2017, charging Brian LaChance, age 27, of Olyphant, Pennsylvania, with 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 is charged with 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 her in November 2015.

 

The charge stems from an investigation by the Federal Bureau of Investigation and U.S. Army criminal investigators. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

 

This case was brought as part of Project Safe Childhood, a nationwide initiative

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

 

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. The charge also carries a mandatory minimum sentence of 10 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, pleaded guilty on February 13, 2017, before United States Magistrate Judge Martin C. Carlson to production of child pornography.

 

According to United States Attorney Bruce D. Brandler, Janeski admitted that between November 2015 and February of 2016, he used an application on a web-enabled cell phone to coerce a minor into engaging in illegal sexual activity and subsequently stored images of the minor on a cloud-based storage system.

 

The case was investigated by the Northern York County Regional Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Chelsea Schinnour is prosecuting the case.

 

This case was brought as part of Project Safe 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.

 

Janeski faces a mandatory minimum sentence of 15 years and a maximum penalty under federal law of 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 today that Christopher Fish, age 35, of Bushkill, Pennsylvania, was sentenced on February 10, 2017, by United States District Court Judge Robert D. Mariani to four months’ home-confinement and two years’ probation for fleeing and eluding rangers at the Delaware Water Gap National Recreation Area.

 

According to United States Attorney Bruce D. Brander, Fish engaged in a high speed chase while operating a Black Honda Shadow motorcycle within the National Recreation Area, willfully failed to stop, and attempted to elude a pursuing police officer causing danger to other officers and pedestrians.

 

The investigation was conducted by the National Park Service. Assistant U.S. Attorney Evan Gotlob prosecuted the case.

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Folweiler, age 29, of Pittston, Pennsylvania, was sentenced today to serve 7 ½ years in prison for his role in a conspiracy to distribute and possess with intent to distribute alpha-pvp, commonly known as “bath salts,” by U.S. District Court Judge Malachy E. Mannion.

 

According to United States Attorney Bruce D. Brandler, Folweiler previously pleaded guilty to conspiring with others to distribute the drug during 2011 through 2014, in Luzerne County. Folweiler admitted to distributing a kilogram of alpha-pvp. Folweiler was one of seven people indicted by a federal grand jury in August 2014. All seven defendants have pleaded guilty.

 

The investigation revealed a nationwide operation to distribute “bath salts” based in Texas. The two Texas-based suppliers have also pleaded guilty and been sentenced to prison.

 

Judge Mannion also ordered Folweiler to spend three years on supervised release following his prison sentence.

 

The case was investigated by Homeland Security Investigations, the Drug Enforcement Administration, United States Postal Inspectors, the Pennsylvania State Police, and West Pittston Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

 

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael J. Costello, age 42, of Archbald, Pennsylvania, pleaded guilty today before U.S. District Court Judge Malachy E. Mannion to receiving and distributing child pornography.

 

According to United States Attorney Bruce D. Brandler, Costello admitted to using a computer to obtain and trade images of child pornography during January through August 2014. Costello’s computer contained more than 1,100 images and more than 300 videos of child pornography.

 

The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorneys Francis P. Sempa and Evan J. Gotlob are 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."

 

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

 

The maximum penalty under federal law for this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. The charge also carries 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 today that Manuel Maldonado-Martinez, age 27, of York, Pennsylvania, was indicted by a federal grand jury on heroin trafficking and firearms charges.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Maldonado-Martinez possessed with the intent to distribute heroin on June 30, 2016, in York. The indictment also alleges that Maldonado-Martinez unlawfully possessed a firearm as a previously convicted felon and possessed the firearm in furtherance of drug trafficking.

 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department. Assistant United States Attorney Carlo D. Marchioli 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.

 

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

 

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

 

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

 

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

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Deshaun Lipscomb, age 24, of Bushkill, Pennsylvania, Pablo Martinez, age 27, and Orrett Campbell, age 37, both of East Stroudsburg, Pennsylvania, were indicted on February 7, 2017, by a federal grand jury on drug trafficking and firearms charges.

 

The indictment was unsealed today following the arrests of defendants. The defendants were arraigned before United States Magistrate Judge Joseph F. Saporito, Jr. and were ordered detained pending a detention hearing scheduled for February 13, 2017.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Lipscomb, Martinez, and Campbell conspired to traffic marijuana and used firearms during the course of that conspiracy. The charges stem from a drug deal that turned into a shooting in East Stroudsburg in January 2016. The victim of the shooting suffered two gunshot wounds and was forced from a vehicle travelling at high speed.

 

The indictment further alleges that Lipscomb possessed a firearm in furtherance of heroin trafficking and trafficked heroin and cocaine, and that Martinez trafficked MDAM, commonly known as “Molly” or “ecstasy.”

 

The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. The case is being prosecuted by Assistant U.S. Attorneys Francis P. Sempa and Sean A. Camoni.

 

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

 

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

 

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

 

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

 

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Josthan Cardona, age 26, of Scranton, Pennsylvania, was indicted on February 7, 2017, by a federal grand jury for conspiracy to distribute heroin and distribution of heroin and fentanyl, resulting in two deaths and serious bodily injury to another victim.

 

According to United States Attorney Bruce D. Brandler, the five-count indictment alleges that beginning in or about September 2015 and continuing through December 2015, Cardona conspired with others to distribute heroin in Lackawanna County. The indictment also alleges that Cardona distributed heroin and fentanyl on December 7, 2015 and December 12, 2015, resulting in the death of two individuals and distributed heroin and fentanyl on December 12, 2015, to a third individual who overdosed as a result of the heroin causing serious bodily injury.

 

The investigation was conducted by the Drug Enforcement Administration – Scranton Office, the Dunmore and Scranton Police Departments, and the Lackawanna County District Attorney’s Office. Assistant United States Attorney Michelle Olshefski is prosecuting the case.

 

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

 

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.

 

Drug distributions resulting in death or severe bodily injury require a 20 year minimum-mandatory sentence. The maximum penalty under federal law for the crimes charged in the indictment is life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Laurence Cadogan, age 32, of Stroudsburg, Pennsylvania, was indicted on February 7, 2017, by a federal grand jury on heroin trafficking and gun charges.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Cadogan possessed with intent to distribute heroin and unlawfully possessed firearms in furtherance of drug trafficking. The crimes allegedly occurred on October 26, 2016, in Tannersville. Police and agents seized more than 3,000 bags of heroin and two firearms, a Ruger .380 caliber handgun and a Smith and Wesson 9mm handgun, during the investigation. The indictment seeks the forfeiture of the two firearms.

 

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

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

 

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

 

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

 

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

 

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

 

 

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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, pleaded guilty today before Chief United States District Court Judge Christopher C. Conner to committing perjury.

 

According to United States Attorney Bruce D. Brandler, Carrasco-Rivera was charged with perjury in connection with his recent prosecution and conviction for mail fraud. The fraud prosecution involved Carrasco-Rivera obtaining more than $102,000 by filing false claims for unemployment compensation benefits from 2008 through late 2012. He was sentenced in June 2016 to serve 18 months in prison for that offense.

 

After Carrasco-Rivera’s sentencing, it was learned that 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. A sentencing date will be set at a later time.

 

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

 

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Maurice Woods, age 33, of Kingston, Pennsylvania, was indicted by a federal grand jury for two firearms offenses.

 

According to United States Attorney Bruce D. Brandler, the indictment charges Woods with possessing a firearm with an obliterated serial number in June 2016. The firearm was a Glock 45mm semi-automatic pistol. The indictment also charges Woods with possession of that firearm after being convicted of a felony.

 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kingston Police Department. 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.

 

Woods faces a minimum of 15 years’ imprisonment and a maximum penalty of lifetime imprisonment, a term of supervised release following imprisonment, and a $500,000 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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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Dewald, age 40, of Bloomsburg, Pennsylvania, was indicted by a federal grand jury for two counts of attempted production of child pornography, and three counts of enticement of a minor to engage in illegal sexual activity.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Dewald attempted to persuade and entice two minors to engage in sexually explicit conduct for the purpose of producing a visual image of such conduct, and enticed, persuaded and attempted to entice and persuade three minors to engage in illegal sexual activity between July 2015 and May 2016.

 

If convicted of the charges, Dewald faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of 30 years in prison for the child pornography charges, and a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison for the enticement and attempted enticement of a minor charges.

 

The case was investigated by the Federal Bureau of Investigation and Delaware County Detectives. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

 

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

 

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

 

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

 

The maximum penalty under federal law for the enticement of a minor offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for the child pornography offenses 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 Hubert Young, age 46, of Basking Ridge, New Jersey, pleaded guilty today before Senior U.S. District Court Judge James M. Munley, to producing and attempting to produce child pornography.

 

According to United States Attorney Bruce D. Brandler, Young admitted to creating two Facebook accounts with fictitious names, and using a cell phone and computer to persuade minors to take pornographic images of themselves and send them to him.

 

As part of this “sextortion” scheme, Young posed as two teenagers, communicated with victims in chat groups, and when the minors sent the pornographic images to Young, he threatened to put the images on the internet unless the victims sent him additional images. A total of 13 minor victims from Pennsylvania, New Jersey, Ohio and Indiana fell prey to Young’s criminal activities between January 2015 and June 2016.

 

Judge Munley ordered a pre-sentence investigation to be completed, and scheduled sentencing for May 9, 2017.

 

The case was investigated by the Federal Bureau of Investigation, the Luzerne County District Attorney’s Office, and Pittston Police. Assistant United States Attorney Francis P. Sempa is prosecuting the case.

 

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

 

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

 

The maximum penalty under federal law for this offense is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 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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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Lisa Belawske, age 53, of Canton, Pennsylvania, was charged today in a criminal information with misappropriation of postal funds by a postal employee.

 

According to United States Attorney Bruce D. Brandler, the information alleges that Belawske misappropriated over $12,000 between October 2015 and June 2016.

 

The case was investigated by the U.S. Postal Service, Office of the Inspector General. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

 

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

 

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

 

The maximum penalty under federal law for this offense is 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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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shane Lopez, age 22, of Shenandoah, Pennsylvania, pleaded guilty today before Senior U.S. District Court Judge James M. Munley for his connection to a heroin trafficking ring that operated in Schuylkill County during 2012 through May 2016.

 

According to United States Attorney Bruce D. Brandler, Lopez pleaded guilty to conspiracy to distribute more than 100 grams of heroin (which equals approximately 4,000 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. Seven have entered guilty pleas.

 

Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for May 5, 2017. Lopez faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison.

 

The case was investigated by the Federal Bureau of Investigation, 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. 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 Loretta Galloway, age 55, of Northumberland, Pennsylvania, was indicted on January 31, 2017, by a federal grand jury for taking her deceased husband’s social security benefits.

 

According to United States Attorney Bruce D. Brandler, the indictment was unsealed on February 1, 2017, and charges Galloway with taking more than $83,000, over approximately five years, of her deceased husband’s Social Security benefits to pay her bills and other expenses.

 

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

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that five previously deported aliens were indicted separately on February 1, 2017, by a federal grand jury in Harrisburg on illegal re-entry charges.

 

According to United States Attorney Bruce D. Brandler, Jose Martinez-Rojas, age 36, of Mexico, was previously deported from the United States to Mexico in April 2007. He is alleged to have illegally re-entered the United States sometime after April 2007, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

 

Jorge Cervantes-Gomez, age 31, of Mexico, was previously deported from the United States to Mexico in February 2005. He is alleged to have illegally re-entered the United States sometime after February 2005, and was found in the United States in Cumberland County after eluding examination or inspection by immigration officers.

 

The maximum penalty under federal law for Martinez-Rojas and Cervantes-Gomez’s offenses are two years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

Francisco Cervantes-Guizar, age 38, of Mexico, was previously deported from the United States to Mexico in October 2006. He is alleged to have illegally re-entered the United States sometime after October 2006 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2006, he was convicted before the United States District Court for the Middle District of Pennsylvania of false statement in a United States Passport Application, an offense which subjects him to enhanced penalties in the current case.

 

Luis Alberto Silva-Saldana, age 24, of Mexico, was previously deported from the United States to Mexico in July 2014. He is alleged to have illegally re-entered the United States sometime after July 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2014, he was convicted in the Berks County Court of Common Pleas of fleeing or attempting to elude a police officer, an offense which subjects him to enhanced penalties in the current case.

 

Abel Salazar-Diaz, age 40, of Mexico, was previously deported from the United States to Mexico in August 2010. He is alleged to have illegally re-entered the United States sometime after August 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers. In 2010, he was convicted in the Southern District of Texas of illegal re-entry, an offense which subjects him to enhanced penalties in the current case.

 

The maximum penalty under federal law for Cervantes-Guizar, Silva-Saldana, and Salazar-Diaz’s offenses are ten years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

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

 

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

 

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

 

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

 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Stephayne McClure-Potts, age 51, of Harrisburg, Pennsylvania, pleaded guilty today before United States District Judge Sylvia H. Rambo to social security fraud and harboring an illegal alien.

 

According to United States Attorney Bruce D. Brandler, McClure-Potts provided false information to the Commissioner of Social Security on ten separate occasions with the intent to obtain a social security card with a fictitious identity for another person. McClure-Potts also harbored an illegal alien from March 2013 through August 2015.

 

Michael McClure-Potts, age 60, was also charged in October 2016, with harboring an illegal alien from March 2013 through August 2015. His trial is scheduled to begin on February 21, 2017.

 

This case was investigated by the Department of State Diplomatic Security Service, the Social Security Administration Office of Inspector General and the City of Harrisburg Bureau of Police. Assistant United States Attorney Daryl F. Bloom is prosecuting the case.

 

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

 

The maximum penalties under federal law for these offenses is 10 years’ imprisonment, a term of supervised release of three years, and a $500,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that the United States Court of Appeals for the Third Circuit affirmed a 14-year prison sentence and a 12 ½-year prison sentence imposed by Senior U.S. District Court Judge James M. Munley on two Luzerne County men who participated in a heroin trafficking conspiracy during 2014.

 

According to United States Attorney Bruce D. Brandler, the Court of Appeals affirmed Desmond Mercer’s 14-year prison sentence and Shaliek Stroman’s 12 ½-year prison sentence as being both procedurally and substantively reasonable. Mercer was sentenced in March 2016, and Stroman was sentenced in January 2016.

 

Mercer previously pleaded guilty to conspiring with Stroman and others from Luzerne County, New Jersey, and Alabama, to distribute heroin to customers in the Luzerne County area. Mercer in his plea acknowledged distributing more than 700 grams of heroin (which equals approximately 23,000 retail bags of heroin) and playing a leadership role in the conspiracy. During part of the conspiracy, Mercer ran the drug operation while an inmate at the Luzerne County Prison.

 

Stroman, a sub-distributor of heroin for Mercer, also previously pleaded guilty to the conspiracy charge.

 

In separate opinions upholding the sentences, the Third Circuit Court of Appeals reasoned that Judge Munley appropriately considered the respective advisory sentencing guideline ranges, the presentence reports, and the relevant sentencing factors under federal law.

 

The cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Kingston Police. Assistant United States Attorney Francis P. Sempa prosecuted the cases and handled the appeals.

 

The cases were 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 Shawn Howells, age 43, of Scranton, Pennsylvania, was indicted by a federal grand jury with possessing and distributing child pornography.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that between November 29, 2016 and January 20, 2017, Shawn Howells used the internet to view a minor engaging in illegal sexual activity, and during that same time period transported child pornography by any means, including by computer.

 

The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Evan Gotlob is prosecuting the case.

 

If convicted, Howells faces a mandatory minimum sentence of 5 years in prison and a potential maximum sentence of 20 years in prison for the possessing and distributing child pornography.

 

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

 

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

 

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

 

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

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dahveed Dean, age 40, an inmate at United States Penitentiary Canaan, Waymart, Pennsylvania, was indicted today by a federal grand jury on a charge of assaulting a federal employee.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Dean punched a corrections officer in the face during an altercation at the prison in September. The officer suffered minor injuries.

 

The case was investigated by the Federal Bureau of Investigation and officers at USP Canaan. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

 

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

 

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

 

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

 

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Bruce D. Brandler, United States Attorney for the Middle District of Pennsylvania, was reappointed United States Attorney by order of the District Court Judges effective January 30, 2017. Mr. Brandler was initially appointed United States Attorney by order of former Attorney General Loretta E. Lynch on October 2, 2016, for one hundred twenty days or until a Presidential appointment was made, whichever occurs first. That appointment expired on January 29, 2017, and this new appointment by the District Court Judges appoints Mr. Brandler as United States Attorney until the vacancy is filled by the President.

 

Mr. Brandler began his legal career as an Assistant District Attorney in Brooklyn, New York, where he served from 1981 until 1985. Upon leaving the District Attorney’s Office, he became the Deputy Chief and then the Chief Investigative Counsel of the New York State Senate Committee on Investigations, Taxation and Government Operations from 1985 to 1986.

 

Mr. Brandler was appointed an Assistant United States Attorney for the Middle District of Pennsylvania in 1986 and was promoted to the position of Senior Litigation Counsel in 1992. In 2014, he became the Chief of the Criminal Division and served in that capacity until his appointment as United States Attorney on October 2, 2016.

 

Some of the notable cases Mr. Brandler prosecuted as an Assistant United States Attorney and Senior Litigation Counsel included a tax evasion case against former Luzerne County Judge Arthur Dalessandro; a perjury case against former State Representative Frank Serafini; a bribery/extortion case against former Lackawanna County Commissioners Robert Cordaro and Anthony Munchak; an illegal campaign contribution and fraud case against Renato Mariani, the former President of Empire Sanitary Landfill, Inc.; a disadvantaged business enterprise fraud case against Joseph Nagle, the former President of Schuylkill Products, Inc.; an accounting fraud case against Paul Polishan, the former Chief Financial Officer for the Leslie Fay Companies, Inc.; and an environmental crimes case against Chemical Waste Management, Inc. for illegal dumping activities at a Superfund site in Lackawanna County.

 

Mr. Brandler graduated from Stony Brook University in 1978 and received a B.A. in Political Science with honors, and was inducted into the Phi Beta Kappa honor society. He received his law degree in 1981 from the Boston University School of Law. He resides in Harrisburg, Pennsylvania.

 

 

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Jalil Ibn Ameer Aziz, 20, of Harrisburg, Pennsylvania, pleaded guilty today to conspiracy to provide material support and resources to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, and transmitting a communication containing a threat to injure.

 

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Bruce D. Brandler for the Middle District of Pennsylvania and Special Agent in Charge Michael Harpster of the FBI's Philadelphia Division. The plea was entered before Chief U.S. District Court Judge Christopher C. Conner.

 

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

 

“The security of the American People is the highest priority for our office and the Department of Justice,” said U.S. Attorney Brandler. “While we cannot eliminate terrorism completely, we can bring to justice those responsible for providing material support and resources to terrorist groups and for spreading hate and destruction in our communities and abroad. Thankfully, the defendant’s activities were disrupted by the FBI and the Joint Terrorism Task Force and justice will be served in this case.”

 

"As evidenced here, ISIL loyalists need not travel to the field of battle to threaten lives and do harm," said Special Agent in Charge Harpster. "An American citizen provided material support to terrorists from American soil, while enjoying all the rights and privileges scorned by ISIL. We are gratified that Mr. Aziz is being brought to justice for these acts."

 

According to the filed court documents, on Dec. 22, 2015, Aziz was charged in an indictment with conspiring and attempting to provide material support to ISIL (Counts 1 and 2). A superseding indictment was returned on May 18, 2016, which added Solicitation to Commit a crime of violence (Count 3) and transmitting a communication containing a threat to injure (Count 4).

 

According to the superseding indictment, from July 2014 to Dec. 17, 2015, Aziz knowingly conspired to provide, provided and attempted to provide material support, including personnel and services, to ISIL. The superseding indictment also alleges that during the same time period, Aziz solicited, commanded, induced and endeavored to persuade others to kill and attempt to kill officers and employees of the United States. The superseding indictment further alleges that he knowingly tweeted the names, addresses, photographs and military branches of approximately 100 U.S. service members to followers and viewers of his Twitter account. The communication also contained threats to injure the service members, stating “kill them in their own lands, behead them in their own homes, stab them to death as they walk their street thinking that they are safe.”

 

Aziz pledged his allegiance to the leader of ISIL and used at least 71 different Twitter accounts to advocate violence against the U.S. and its citizens, to disseminate ISIL propaganda and to espouse pro-ISIL views. On at least three occasions, Aziz allegedly used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL. In one instance, Aziz allegedly acted as an intermediary between a person in Turkey and several well-known members of ISIL.

 

Aziz passed location information, including maps and a telephone number, between these ISIL supporters. A search of a tactical/military style backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified straight edge knife, a thumb drive, medication, flashlights, a toothbrush, sunflower seeds, a lighter, nail clippers, fingerless gloves, a pocket watch and a black balaclava, which is like a ski mask and similar to those worn by ISIL supporters.

 

The maximum penalty provided in the statute for Count 1, Conspiracy to Provide Material Support and Resources to a Designated Foreign Terrorist Organization, is 20 years’ imprisonment, a $250,000 fine, a term of supervised release of up to life and a $100 special assessment. The maximum penalty for Count 4, Transmitting a Communication Containing a Threat to Injure, is five years’ imprisonment, a $250,000 fine, a term of supervised release of three years and a $100 special assessment.

The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

 

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

HARRISBURG – Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Bruce D. Brandler for the Middle District of Pennsylvania and Special Agent in Charge Michael Harpster of the FBI's Philadelphia Division announced today that Jalil Ibn Ameer Aziz, age 20, a U.S. citizen and resident of Harrisburg, Pennsylvania, pleaded guilty today before Chief United States District Court Judge Christopher C. Conner to conspiracy to provide material support and resources to a designated foreign terrorist organization and transmitting a communication containing a threat to injure.

 

According to U.S. Attorney Bruce D. Brandler, on December 22, 2015, Aziz was charged in an indictment with conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization (Counts 1 and 2). A superseding indictment was returned on May 18, 2016, which added Solicitation to Commit a crime of violence (Count 3) and transmitting a communication containing a threat to injure (Count 4).

 

According to the superseding indictment, from July 2014 to December 17, 2015, Aziz knowingly conspired to provide, provided and attempted to provide material support, including personnel and services, to ISIL. The superseding indictment also alleges that during the same time period, Aziz solicited, commanded, induced and endeavored to persuade others to kill and attempt to kill officers and employees of the United States. The superseding indictment further alleges that he knowingly tweeted the names, addresses, photographs and military branches of approximately 100 U.S. service members to followers and viewers of his Twitter account. The communication also contained threats to injure the service members, stating “kill them in their own lands, behead them in their own homes, stab them to death as they walk their street thinking that they are safe.”

 

Aziz pledged his allegiance to the leader of ISIL and used at least 71 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIL propaganda and to espouse pro-ISIL views. On at least three occasions, Aziz allegedly used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL. In one instance, Aziz allegedly acted as an intermediary between a person in Turkey and several well-known members of ISIL.

 

Aziz passed location information, including maps and a telephone number, between these ISIL supporters. A search of a tactical/military style backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified straight edge knife, a thumb drive, medication, flashlights, a toothbrush, sunflower seeds, a lighter, nail clippers, fingerless gloves, a pocket watch and a black balaclava, which is like a ski mask and similar to those worn by ISIL supporters.

 

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

 

United States Attorney Bruce D. Brandler said, “The security of the American people is the highest priority for our office and the Department of Justice. While we cannot eliminate terrorism completely, we can bring to justice those responsible for providing material support and resources to terrorist groups and for spreading hate and destruction in our communities and abroad. Thankfully, the defendant’s activities were disrupted by the FBI and the Joint Terrorism Task Force and justice will be served in this case.”

 

"As evidenced here, ISIL loyalists need not travel to the field of battle to threaten lives and do harm," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "An American citizen provided material support to terrorists from American soil, while enjoying all the rights and privileges scorned by ISIL. We are gratified that Mr. Aziz is being brought to justice for these acts."

 

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

 

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 provided in the statute for Count 1, Conspiracy to Provide Material Support and Resources to a Designated Foreign Terrorist Organization, is 20 years’ imprisonment, a $250,000 fine, a term of supervised release of up to life and a $100 special assessment. The maximum penalty for Count 4, Transmitting a Communication Containing a Threat to Injure, is five years’ imprisonment, a $250,000 fine, a term of supervised release of three years and a $100 special assessment.

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 Jeshua Paonessa-Velez, age 25, and Luis E. Arochom age 39, both of York City, Pennsylvania, were indicted on January 18, 2017, by a federal grand jury on a second superseding indictment charging them with bank fraud and identity theft.

 

The indictment was unsealed following Arochom’s arrest and arraignment on January 20, 2017, before U.S. District Magistrate Judge Martin C. Carlson. Arocho was ordered detained. Paonessa-Velez’s arraignment is tentatively scheduled for January 31, 2017.

 

According to United States Attorney Bruce D. Brandler, the first superseding indictment in May 2015, also brought charges against Arturo Meireles-Candel, age 34, of York City. That superseding indictment charged that Paoness-Velez and Meirels-Candel worked together and devised a scheme to obtain money from Adams County National Bank and Jersey Shore State Bank by placing “skimming” devices on the banks’ ATMs, capturing identification information of the bank customers using those ATMs, and either loading that information onto access devices and making purchases with those access devices, or making direct cash withdrawals out of customer accounts. The superseding indictment also charged both Paonessa-Velez and Meireles-Candel with sixteen counts of aggravated identity theft for stealing means of identification of sixteen of the banks’ customers. Meireles-Candel pleaded guilty to charges in the Superseding Indictment in exchange for no new charges being filed against him.

 

The new charges brought today by the grand jury in a second superseding indictment add additional instances of bank fraud and aggravated identity theft discovered by investigators and also an additional alleged participant in the scheme. The new charges include allegations of fraudulent activity at Member’s First Federal Credit Union in Hershey and Mechanicsburg, Santander Bank in Spring Grove and York, Centric Bank in Linglestown, Fulton Bank in Hershey, and Jonestown Bank and Trust in Lebanon.

 

The Adams County National Bank and the retail establishments where the defendants allegedly made the purchases using the stolen identities cooperated in the investigation. The bank reimbursed all of the affected customers for the losses to their accounts.

 

The case was investigated by the United States Secret Service, the Southwestern Regional (York) Police Department, the Pennsylvania State Police, Derry Township Police Department, and Lower Paxton Police Department. Assistant U.S. Attorney James T. Clancy is prosecuting the case.

 

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

 

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

 

The maximum penalty under federal law for the bank fraud offense is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine. The penalty for aggravated identity theft is 2 years of imprisonment consecutive to any sentence imposed for the underlying bank fraud offense. 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 Jose Luis Benitez-Hernandez, age 30, an El Salvadoran national, was sentenced to 14 months’ imprisonment by United States District Court Judge William W. Caldwell for hindering his removal from the United States and assaulting law enforcement officers.

 

According to United States Attorney Bruce D. Brandler, Benitez-Hernandez was convicted on September 15, 2017, of hindering his removal from the United States and assaulting law enforcement officers following a two-day trial. The charges stemmed from an incident in February 2016, in which Immigration and Customs Enforcement (ICE) Officers located Benitez-Hernandez in Mechanicsburg, Pennsylvania after he failed to leave the United States in accordance with an Immigration Judge’s order.

 

After identifying Benitez-Hernandez leaving his home in a vehicle, the officers activated their emergency equipment in their vehicles. Benitez-Hernandez failed to stop, charged at one of the vehicles repeatedly, ultimately bumping the front bumper of one of the ICE vehicles. Benitez-Hernandez then refused to exit his vehicle and had to be forcibly removed. Before ultimately being apprehended, Benitez-Hernandez bit one of the ICE Officers and scratched another.

 

The investigation was conducted by U.S. Immigration and Customs Enforcement and Removal Operations. Assistant United States Attorneys Scott Ford and Daryl Bloom prosecuted the case.

 

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Patricia Cook, age 59, of Scranton, Pennsylvania, was indicted by a federal grand jury on drug trafficking and attempted witness tampering charges.

 

The indictment was unsealed following Cook’s arraignment on January 17, 2017, before U.S. District Magistrate Judge Karoline Mehalchick. Cook was placed on supervised release pending trial.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Cook distributed and conspired to distribute heroin and cocaine between January 2015 and April 2015, in Scranton. The indictment also alleges that she attempted to tamper with a witness in a grand jury investigation.

 

The investigation was conducted by the Federal Bureau of Investigation. Assistant United States Attorney Jenny P. Roberts is prosecuting the case.

 

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

 

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

 

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

 

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

 

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Scranton funeral home director, Al T. Hughes, age 58, of Scranton, Pennsylvania, was indicted on January 17, 2017, by a federal grand jury for federal income tax evasion.

 

The indictment was unsealed following Hughes’s arraignment on January 19, 2017, before U.S. District Magistrate Judge Karoline Mehalchick. Hughes was released on his own recognizance.

 

According to United States Attorney Bruce D. Brandler, the five count indictment alleges that Hughes diverted approximately $1.25 million in corporate receipts to his personal benefit, and failed to report the diverted receipts as income on his 2010, 2011, 2012, 2013, and 2014 federal tax returns resulting in a substantial tax due and owing the Internal Revenue Service. It also alleges that he cashed hundreds of customer checks, intended for payment of funeral home services, at various financial institutions, including a check cashing service in Scranton.

 

Internal Revenue Service Criminal Investigation Acting Special Agent in Charge Gregory Floyd said, “The license to run a business is not a license to avoid paying taxes. Al T. Hughes’s misconduct of hiding income cheated all Americans, since we all pay our fair share for the government services and protections that we enjoy.”

 

The investigation was conducted by the Criminal Investigation Division of the Internal Revenue Service – Scranton Office. The case is being prosecuted by Assistant United States Attorney Michelle Olshefski.

 

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

 

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

 

The maximum penalty under federal law for each count of the indictment is five years in prison, a term of supervised release following imprisonment, restitution, 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 David Popish, age 38, of Pittston, Pennsylvania, pleaded guilty on January 19, 2017, before Senior U.S. District Court Judge James M. Munley to participating in a conspiracy to distribute alpha-pvp, commonly known as “bath salts.”

 

According to United States Attorney Bruce D. Brandler, Popish admitted to conspiring with others to distribute the drug to customers in the Luzerne County area during 2014 and 2015.

 

Popish was one of seven people charged by a grand jury in August 2016. That indictment was the fourth wave of arrests connected to alpha-pvp distribution in Luzerne County. In all, 18 people have been charged in the case since July 2013, including the Texas-based principal supplier of the bath salts. Popish is the twelfth defendant to plead guilty in the case.

 

Judge Munley ordered a pre-sentence investigation to be completed and scheduled sentencing in the case for April 27, 2017.

 

The case was investigated by Homeland Security Investigations, United States Postal Inspection Service, the Pennsylvania State Police, and local police from Luzerne County. Assistant United States Attorney Francis P. Sempa is prosecuting the case.

 

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

 

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

 

# # #

Company also Agrees to Implement Anti-Fraud Program and Enhanced Compliance Obligations in Agreements with Federal Authorities

 

WASHINGTON – The Western Union Company (Western Union), a global money services business headquartered in Englewood, Colorado, has agreed to forfeit $586 million and enter into agreements with the Justice Department, the Federal Trade Commission (FTC), and the U.S. Attorney’s Offices for the Middle District of Pennsylvania, the Central District of California, the Eastern District of Pennsylvania and the Southern District of Florida. In its agreement with the Justice Department, Western Union admits to criminal violations including willfully failing to maintain an effective anti-money laundering (AML) program and aiding and abetting wire fraud.

 

Acting Assistant Attorney General David Bitkower of the Justice Department’s Criminal Division; FTC Chairwoman Edith Ramirez; U.S. Attorney Bruce D. Brandler of the Middle District of Pennsylvania; U.S. Attorney Eileen M. Decker of the Central District of California; Acting U.S. Attorney Louis D. Lappen of the Eastern District of Pennsylvania; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Inspector in Charge David W. Bosch of the U.S. Postal Inspection Service (USPIS) Philadelphia Division; Assistant Director in Charge Deirdre Fike of the FBI’s Los Angeles Field Office; Chief Richard Weber of Internal Revenue Service-Criminal Investigation (IRS-CI); Special Agent in Charge Marlon V. Miller of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Philadelphia; and Special Agent in Charge Stephen Carroll of the Office of Inspector General for the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau (FRB-CFPB OIG) Eastern Region made the announcement.

 

“As this case shows, wiring money can be the fastest way to send it – directly into the pockets of criminals and scam artists,” said Acting Assistant Attorney General Bitkower. “Western Union is now paying the price for placing profits ahead of its own customers. Together with our colleagues, the Criminal Division will both hold to account those who facilitate fraud and abuse of vulnerable populations, and also work to recoup losses and compensate victims.”

 

“Western Union owes a responsibility to American consumers to guard against fraud, but instead the company looked the other way, and its system facilitated scammers and rip-offs,” said Chairwoman Ramirez. “The agreements we are announcing today will ensure Western Union changes the way it conducts its business and provides more than a half billion dollars for refunds to consumers who were harmed by the company’s unlawful behavior.”

 

“The U.S. Attorney’s Office for the Middle District of Pennsylvania has a long history of prosecuting corrupt Western Union Agents,” said U.S. Attorney Brandler. “Since 2001, our office, in conjunction with the U.S. Postal Inspection Service, has charged and convicted 26 Western Union Agents in the United States and Canada who conspired with international fraudsters to defraud tens of thousands of U.S. residents via various forms of mass marketing schemes. I am gratified that the deferred prosecution agreement reached today with Western Union ensures that $586 million will be available to compensate the many victims of these frauds.”

 

“Our investigation uncovered hundreds of millions of dollars being sent to China in structured transactions designed to avoid the reporting requirements of the Bank Secrecy Act, and much of the money was sent to China by illegal immigrants to pay their human smugglers,” said U.S. Attorney Decker. “In a case being prosecuted by my office, a Western Union agent has pleaded guilty to federal charges of structuring transactions – illegal conduct the company knew about for at least five years. Western Union documents indicate that its employees fought to keep this agent – as well as several other high-volume independent agents in New York City – working for Western Union because of the high volume of their activity. This action today will ensure that Western Union effectively controls its agents and prevents the use of its money transfer system for illegal purposes.”

 

“Western Union’s failure to comply with anti-money laundering laws provided fraudsters and other criminals with a means to transfer criminal proceeds and victimize innocent people,” said Acting U.S. Attorney Lappen. “Western Union has agreed to forfeit $586 million, the largest forfeiture ever imposed on a money services business, and has agreed to take specific steps to ensure that it complies with the law in the future. This office will continue to vigorously enforce the anti-money laundering laws and regulations, which are necessary to prevent those engaged in fraud, terrorism, human trafficking, drug dealing and other crimes from using companies like Western Union to further their illegal activity.”

 

“Western Union, the largest money service business in the world, has admitted to a flawed corporate culture that failed to provide a checks and balances approach to combat criminal practices,” said U.S. Attorney Ferrer. “Western Union’s failure to implement proper controls and discipline agents that violated compliances policies enabled the proliferation of illegal gambling, money laundering and fraud-related schemes. Western Union’s conduct resulted in the processing of hundreds of millions of dollars in prohibited transactions. Today’s historic agreement, involving the largest financial forfeiture by a money service business, makes it clear that all corporations and their agents will be held accountable for conduct that circumvents compliance programs designed to prevent criminal conduct.”

 

“The U.S. Postal Inspection Service has been at the forefront of protecting consumers from fraud schemes for many years,” said Inspector in Charge Bosch. “When private businesses participate in the actions that Western Union was involved in, it makes it easier for criminals to victimize innocent citizens. Our commitment to bringing these criminals to justice will not waiver, and we look forward to facilitating compensation to victims.”

 

“Los Angeles-defendant Wang’s company was considered to be among the largest Western Union agents in the United States as over $310 million was sent to China in a span of five years, half of which was illegally structured and transmitted using false identification,” said Assistant Director in Charge Fike. “Rather than ensuring their high volume agents were operating above-board, Western Union rewarded them without regard to the blatant lack of compliance and illegal practices taking place. This settlement should go a long way in thwarting the proceeds of illicit transactions being sent to China to fund human smuggling or drug trafficking, as well as to interrupt the ease with which scam artists flout U.S. banking regulations in schemes devised to defraud vulnerable Americans.”

 

"As major player in the money transmittal business, Western Union had an obligation to its customers to ensure they offered honest services, which include upholding the Bank Secrecy Act, as well as other U.S. laws,” said Chief Weber. “Western Union’s blatant disregard of their anti-money laundering compliance responsibilities was criminal and significant. IRS-CI special agents – working with their investigative agency partners – uncovered the massive AML compliance failures and is proud to be part of this historic criminal resolution.”

 

“Today’s announcement of this significant settlement highlights the positive result of HSI’s collaboration with our partner agencies to hold Western Union accountable for their failure to comply with bank secrecy laws that preserve the integrity of the financial system of the United States,” said Special Agent in Charge Miller. “As a result of this settlement, Western Union now answers for these violations. I thank the Office of Inspector General for the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau for their partnership in this investigation.”

 

According to admissions contained in the deferred prosecution agreement (DPA) and the accompanying statement of facts, between 2004 and 2012, Western Union violated U.S. laws—the Bank Secrecy Act (BSA) and anti-fraud statutes—by processing hundreds of thousands of transactions for Western Union agents and others involved in an international consumer fraud scheme.

 

As part of the scheme, fraudsters contacted victims in the U.S. and falsely posed as family members in need or promised prizes or job opportunities. The fraudsters directed the victims to send money through Western Union to help their relative or claim their prize. Various Western Union agents were complicit in these fraud schemes, often processing the fraud payments for the fraudsters in return for a cut of the fraud proceeds.

 

Western Union knew of but failed to take corrective action against Western Union agents involved in or facilitating fraud-related transactions. Beginning in at least 2004, Western Union recorded customer complaints about fraudulently induced payments in what are known as consumer fraud reports (CFRs). In 2004, Western Union’s Corporate Security Department proposed global guidelines for discipline and suspension of Western Union agents that processed a materially elevated number of fraud transactions. In these guidelines, the Corporate Security Department effectively recommended automatically suspending any agent that paid 15 CFRs within 120 days. Had Western Union implemented these proposed guidelines, it could have prevented significant fraud losses to victims and would have resulted in corrective action against more than 2,000 agents worldwide between 2004 and 2012.

 

Court documents also show Western Union’s BSA failures spanned eight years and involved, among other things, the acquisition of a significant agent that Western Union knew prior to the acquisition had an ineffective AML program and had contracted with other agents that were facilitating significant levels of consumer fraud. Despite this knowledge, Western Union moved forward with the acquisition and did not remedy the AML failures or terminate the high-fraud agents.

 

Similarly, Western Union failed to terminate or discipline agents who repeatedly violated the BSA and Western Union policy through their structuring activity in the Central District of California and the Eastern District of Pennsylvania. The BSA requires financial institutions, including money services businesses such as Western Union, to file currency transaction reports (CTRs) for transactions in currency greater than $10,000 in a single day. To evade the filing of a CTR and identification requirements, criminals will often structure their currency transactions so that no single transaction exceeds the $10,000 threshold. Financial institutions are required to report suspected structuring where the aggregate number of transactions by or on behalf of any person exceeds more than $10,000 during one business day. Western Union knew that certain of its U.S. Agents were allowing or aiding and abetting structuring by their customers. Rather than taking corrective action to eliminate structuring at and by its agents, Western Union, among other things, allowed agents to continue sending transactions through Western Union’s system and paid agents bonuses. Despite repeated compliance review identifying suspicious or illegal behavior by its agents, Western Union almost never identified the suspicious activity those agents engaged in in its required reports to law enforcement

 

Finally, Western Union has been on notice since at least December 1997, that individuals use its money transfer system to send illegal gambling transactions from Florida to offshore sportsbooks. Western Union knew that gambling transactions presented a heightened risk of money laundering and that through at least 2012, certain procedures it implemented were not effective at limiting transactions with characteristics indicative of illegal gaming from the United States to other countries.

 

Western Union entered into a DPA in connection with a two-count felony criminal information filed today in the Middle District of Pennsylvania charging Western Union with willfully failing to maintain an effective AML program and aiding and abetting wire fraud. Pursuant to the DPA, Western Union has agreed to forfeit $586 million and also agreed to enhanced compliance obligations to prevent a repeat of the charged conduct, including creating policies and procedures:

• for corrective action against agents that pose an unacceptable risk of money laundering or have demonstrated systemic, willful or repeated lapses in compliance;

• that ensure that its agents around the world will adhere to U.S. regulatory and AML standards; and

• that ensure that the company will report suspicious or illegal activity by its agents or related to consumer fraud reports.

 

In a related case, Western Union agreed to settle charges by the FTC in a complaint filed today in the U.S. District Court for the Middle District of Pennsylvania, alleging that the company’s conduct violated the FTC Act. The complaint charges that for many years, fraudsters around the world have used Western Union’s money transfer system even though the company has long been aware of the problem, and that some Western Union agents have been complicit in fraud. The FTC’s complaint alleges that Western Union declined to put in place effective anti-fraud policies and procedures and has failed to act promptly against problem agents. Western Union has identified many of the problem agents but has profited from their actions by not promptly suspending and terminating them.

In resolving the FTC charges, Western Union agreed to a monetary judgment of $586 million and to implement and maintain a comprehensive anti-fraud program with training for its agents and their front line associates, monitoring to detect and prevent fraud-induced money transfers, due diligence on all new and renewing company agents, and suspension or termination of noncompliant agents.

The FTC order prohibits Western Union from transmitting a money transfer that it knows or reasonably should know is fraud-induced, and requires it to:

• block money transfers sent to any person who is the subject of a fraud report;

• provide clear and conspicuous consumer fraud warnings on its paper and electronic money transfer forms;

• increase the availability of websites and telephone numbers that enable consumers to file fraud complaints; and

• refund a fraudulently induced money transfer if the company failed to comply with its anti-fraud procedures in connection with that transaction.

In addition, consistent with the telemarketing sales rule, Western Union must not process a money transfer that it knows or should know is payment for a telemarketing transaction. The company’s compliance with the order will be monitored for three years by an independent compliance auditor.

 

Since 2001, the department has charged and convicted 29 owners or employees of Western Union agents for their roles in fraudulent and structured transactions. The U.S. Attorney’s Office of the Middle District of Pennsylvania has charged and convicted 26 Western Union agent owners and employees for fraud-related violations; the U.S. Attorney’s Office of the Central District of California has secured a guilty plea from one Western Union agent for BSA violations, and the U.S. Attorney’s Office for the Eastern District of Pennsylvania has secured guilty pleas for BSA violations of two other individuals associated with Western Union agents for BSA violations.

 

USPIS’s Philadelphia Division’s Harrisburg, Pennsylvania, Office; the FBI’s Los Angeles Field Office; IRS-CI; HSI; FRB-CFPB OIG; Department of Treasury OIG; the Broward County, Florida Sheriff’s Offices; and Department of Labor investigated the case. Trial Attorney Margaret A. Moeser of the Criminal Division’s Money Laundering and Asset Recovery Section’s Bank Integrity Unit, Assistant U.S. Attorney Kim Douglas Daniel of the Middle District of Pennsylvania, Assistant U.S. Attorney Gregory W. Staples of the Central District of California, Assistant U.S. Attorneys Judy Smith and Floyd Miller of the Eastern District of Pennsylvania and Assistant U.S. Attorney Randy Katz of the Southern District of Florida are prosecuting the case. Asset forfeiture attorneys in each U.S. Attorney’s Office and the Money Laundering and Asset Recovery Section provided significant assistance in this matter. The department appreciates the significant cooperation and assistance provided by the FTC in this matter.

 

Persons who believe they were victims of the fraud scheme should visit the Department of Justice’s victim website at https://www.justice.gov/criminal-afmls/remission for instructions on how to request compensation through the Victim Asset Recovery Program.

 

The Victim Compensation Program, operated by the Money Laundering and Asset Recovery Section, is composed of a team of experienced professionals, including attorneys, accountants, auditors and claims analysts. In hundreds of cases, the Victim Compensation Program has successfully used its specialized expertise to efficiently convert forfeited assets to victim recoveries.

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ernest Schaeffer, age 40, of Schuylkill County, Pennsylvania, was indicted on January 17, 2017, by a federal grand jury for methamphetamine trafficking and possessing firearms in connection with drug trafficking.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Schaeffer conspired with others to distribute and possess with intent to distribute more than 500 grams of methamphetamine during June through October of 2016. Schaeffer is also charged with three counts of distribution and possession with intent to distribute methamphetamine, and possessing four firearms in connection with drug trafficking.

 

The indictment also seeks the forfeiture of real property owned by Schaeffer.

 

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

 

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

 

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

 

The maximum penalty under federal law for the drug conspiracy charge and the gun charge is life in prison, a term of supervised release following imprisonment, and a fine. The drug conspiracy charge carries a mandatory minimum sentence of 10 years in prison, and the gun charge carries 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.

 

# # #

HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced today that United States District Court Chief Judge Christopher C. Conner sentenced Rachel Lynn Howze, age 30, of Pittsburgh, Pennsylvania, to a split sentence of five months’ imprisonment and five months’ home confinement for obstructing an official federal proceeding while serving as a U.S. Probation Officer in Pittsburgh.

 

According to United States Attorney Bruce D. Brandler, Howze was charged in a criminal information filed in June 2016, with attempting to obstruct, influence, and impede an investigation by intentionally disclosing to unauthorized persons the existence of a state criminal investigation involving an individual under federal supervised release.

 

Howze, while employed as a Federal Probation Officer in the Western District of Pennsylvania, used her position to access confidential computer files related to an ongoing state heroin trafficking investigation. The individual cooperating with state law enforcement and the target of the state investigation were both under federal supervised release and the federal probation office possessed information about the state investigation in its system of records. Howze alerted the target’s sister about the existence of the criminal investigation. Based on the information Howze provided, the target and his accomplices were able to identify the informant and agreed that the informant “had to go.”

 

Howze is no longer employed by the U.S. Probation Office.

 

The U.S. Attorney’s Office for the Middle District of Pennsylvania prosecuted the case because the defendant was an employee under the supervision of the U.S. District Court in Pittsburgh at the time of the criminal activity.

 

This investigation was conducted by the Pittsburgh Office of the Federal Bureau of Investigation. Assistant United States Attorney Joseph J. Terz prosecuted the case.

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Victor Santiago-Rivera, age 42, of Edwardsville, Pennsylvania, was indicted on January 17, 2017, by a federal grand jury on attempted robbery and firearms charges.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that on January 6, 2017, Santiago-Rivera attempted to rob Simon and Co. Jewelers located in Kingston, Pennsylvania, and illegally possessed a Glock 17 firearm. The indictment alleges that the defendant has been previously convicted of a crime that is punishable by imprisonment of at least one year, making it illegal for him to possess a firearm.

 

The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms along with the Kingston Police Department. Assistant United States Attorney Jenny P. Roberts is prosecuting the case.

 

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

 

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

 

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

 

The maximum penalty under federal law for the attempted robbery is 20 years’ imprisonment followed by three years supervised release and a fine. The firearms charge carries a maximum of 10 years’ imprisonment followed by three years supervised release 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 Jerrod Curtis, age 33, of Wilkes-Barre, Pennsylvania, was indicted on January 17, 2017, by a federal grand jury on a drug trafficking charge.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Curtis possessed with the intent to distribute heroin from February through April of 2016, in Luzerne County, Pennsylvania.

 

The case was investigated by the U.S. Drug Enforcement Administration. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.

 

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

 

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

 

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

 

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

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Marquese Whitted, age 30, and Derek Mountz, age 32, both of Schuylkill County, were indicted on January 17, 2017, by a federal grand jury for participating in a methamphetamine and heroin trafficking conspiracy that operated in Schuylkill and Berks Counties in April-October 2016.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Whitted and Mountz conspired with each other and others to distribute and possess with intent to distribute more than 50 grams of methamphetamine and more than 100 grams (which is equivalent to approximately 4,000 retail bags) of heroin during April through October of 2016.

 

Whitted is also charged with nine counts of methamphetamine and/or heroin trafficking. Mountz is also charged with two counts of methamphetamine trafficking and possessing a firearm in connection with drug trafficking.

 

The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the 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 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 the gun charge is life in prison, a term of supervised release following imprisonment, and a fine. The drug conspiracy charge carries a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison. The gun charge also carries 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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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Christian Gonzalez, age 23, of Scranton, Pennsylvania, was indicted on January 17, 2017, by a federal grand jury for two bank robberies.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that Gonzalez committed the following two bank robberies:

• January 12, 2017, Citizens Savings Bank, Cedar Avenue, Scranton, approximately $2,000 stolen; and

• December 5, 2016, NBT Bank, Keyser Avenue, Scranton, approximately $7,000 stolen.

The investigation was conducted by the Federal Bureau of Investigation and the Scranton Police Department. Assistant United States Attorney Michelle Olshefski is prosecuting the case.

 

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

 

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

 

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

 

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jeffrey Lynn Mattox, age 32, and Clayton John Shinn, age 26, inmates at the United States Penitentiary, Canaan, in Waymart, Pennsylvania, were indicted on January 17, 2017, by a federal grand jury for assault.

 

According to United States Attorney Bruce D. Brandler, the indictment alleges that on October 4, 2016, Mattox and Shinn assaulted another inmate by repeatedly striking, punching and kicking the inmate, resulting in serious bodily injury.

 

The case was investigated by the Federal Bureau of Investigation and the Bureau of Prisons. Assistant United States Attorney Michelle Olshefski is prosecuting the case.

 

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

 

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

 

The maximum penalty under federal law for 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.

 

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today a settlement with Luzerne County under Title II of the Americans with Disabilities Act (ADA) to improve physical accessibility at the county’s polling places for individuals who use wheel chairs and other mobility aids, and for individuals who are blind or have vision impairments.

 

According to United States Attorney Bruce D. Brandler, in the November 3, 2015 general election, the United States Attorney’s Office along with an architect from the Department of Justice surveyed 52 of the county’s 180 polling place locations. The survey resulted in a finding that many of the county’s polling places contain barriers to access for persons with disabilities.

Title II of the ADA prohibits discrimination on the basis of disability by a state or local

government in any of its programs or services, including its voting program. Thus, the ADA requires Luzerne County to select and use polling places that are accessible.

 

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

 

“The right to vote is the foundation of our democracy,” said U.S. Attorney Bruce D. Brandler. “We applaud Luzerne County’s commitment to ensure that all persons with disabilities have equal opportunities to vote in person at their polling places alongside their neighbors.”

 

This investigation was handled by Assistant United States Attorney Michael J. Butler with the assistance of the United States Department of Justice, Civil Rights Division (Disability Rights Section).

 

Those interested in finding out more about the ADA can access the ADA website at www.ada.gov.

 

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SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Barry Patonja, age 33, of Wilkes-Barre, Pennsylvania, was sentenced to 15 months’ imprisonment on January 9, 2017, by United States District Court Judge Malachy Mannion, for his role in the conspiracy of distributing heroin and cocaine.

 

According to United States Attorney Bruce D. Brandler, Pantjoa and his co-conspirators distributed more than 500 grams of cocaine and more than 100 grams of heroin, which is equivalent to approximately 2,500 retail bags, during the summer of 2014.

 

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

 

The case was investigated by the Scranton Resident Office of the Drug Enforcement Administration and the Wilkes-Barre Police Department. Assistant United States Attorney William S. Houser prosecuted the case.

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Aaron Broussard, age 26, of Hopkins, Minnesota, appeared today before United States Magistrate Judge Karoline Mehalchick in Scranton to face charges that he distributed fentanyl, a Schedule I controlled substance, resulting in the death of another.

 

According to United States Attorney Bruce D. Brandler, Broussard was indicted on December 6, 2016 by a federal grand jury sitting in Scranton. Broussard was arrested on December 6, 2016, in the District of Minnesota and today he was ordered detained pending trial.

 

The case was investigated by the Drug Enforcement Administration, the United States Postal Inspection Service, and the Department of Homeland Security. Assistant United States Attorney Michelle Olshefski is prosecuting the case.

 

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

 

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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

 

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

 

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Latin King gang member Felix Dominguez-Rivera, age 38, of Lebanon, Pennsylvania, was sentenced to 168 months’ imprisonment on January 9, 2017, by United States District Court Judge John E., Jones, III, for distribution of cocaine and heroin and possession of a firearm.

 

Judge Jones also ordered Dominguez-Rivera to be placed on four years of supervised release following his prison sentence, and to pay $1,800 in fines and special assessments.

 

According to United States Attorney Bruce D. Brandler, Dominguez-Rivera, a career offender, distributed approximately 522 grams of heroin, which is equivalent to approximately 20,000 retail bags, and approximately 2,282 grams of cocaine base, also known as crack cocaine, between December of 2011 and August of 2013, in Lebanon County. At the time of his arrest on April 8, 2014, Dominguez-Rivera was in the possession of a loaded Keltec 9mm handgun with an obliterated serial number. As a convicted felon, he was prohibited from possessing firearms.

 

The case was investigated by the Drug Enforcement Administration, the Lebanon County Drug Task Force, Lebanon City Police Department, and the Cornwall Borough Police Department. Assistant United States Attorney Daryl F. Bloom and Nichole Eisenhart, Lebanon County First Assistant District Attorney, serving as Special Assistant United States Attorney, prosecuted the case.

 

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

 

This case was also brought as part of 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 Dorian Whitehead, age 31, of Binghamton, New York, was sentenced on January 5, 2017, by United States District Court Judge James M. Munley, to 51 months’ imprisonment for aiding and abetting two armed bank robberies. Judge Munley also ordered Whitehead to pay $169,099 in restitution.

 

According to United States Attorney Bruce D. Brandler, Whitehead pleaded guilty on March 30, 2016, to aiding and abetting co-defendants Jule Futrell, age 44, of Endicott, New York, Jemel Laquan King, age 40, and Jeremy West, age 41, both of Binghamton, New York, in committing the following armed bank robberies:

 

• First National Community Bank (FNCB), Jenkins Township, Pennsylvania, on March 13, 2014; and

• NBT Bank, Keyser Avenue, Scranton, Pennsylvania, on November 26, 2014.

 

Whitehead aided and abetted West and Futrell in the commission of the FNCB robbery and Futrell and King in the commission of the NBT Bank robbery. Whitehead’s role in both bank robberies was the monitoring of police channels via a cell phone application while she remained in her home in New York. She maintained voice contact with Futrell, present inside of both banks, by using a second cell phone and an ear piece worn by Futrell during the commission of the robberies. Whitehead’s job was to alert codefendants of alarms or police notifications during the progress of the robberies to enable them to flee the scene.

 

The defendants stole approximately $57,469 in cash from FNCB, and approximately $111,630 in cash from NBT bank.

 

West was sentenced to serve 126 months’ imprisonment on charges of armed bank robbery, a pharmacy robbery, and use of a firearm in furtherance of a violent crime. West previously pleaded guilty to committing the armed bank robbery of FNCB and the April 18, 2014, armed robbery of the CVS Pharmacy located in Stroudsburg, Pennsylvania.

 

King was convicted for his crimes by a federal jury on April 8, 2016, and was sentenced on July 26, 2016, to 157 months’ imprisonment. Futrell pleaded guilty to conspiracy, armed bank robbery, robbery of a pharmacy, and use of a firearm in furtherance of a crime of violence and is scheduled to be sentenced on March 7, 2017.

 

The case was investigated by the Federal Bureau of Investigation - Scranton and Binghamton offices. Assistant United States Attorney Michelle Olshefski prosecuted the case.

 

 

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HARRISBURG-  The United States Attorney’s Office for the Middle District of Pennsylvania announced that Anthony Williams, age 55, of Harrisburg, Pennsylvania, was sentenced today to 86 months’ imprisonment by United States District Court Judge Yvette Kane for unlawfully distributing prescription painkillers.

According to United States Attorney Bruce D. Brandler, on March 9, 2015, Williams distributed 50, 10 mg. hydrocodone pills and on March 19, 2015, he distributed 60, 10 mg. oxycodone pills to an individual cooperating with the Drug Enforcement Administration.

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.

The case was investigated by the Harrisburg Resident Office of the Drug Enforcement Administration, the Pennsylvania State Police, the Dauphin County Drug Task Force, and the Harrisburg Police Department. Assistant United States Attorney William A. Behe prosecuted the case.

 

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