Middle District of Pennsylvania

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kelvin Robinson, age 25, of Newport News, Virginia was sentenced by United States District Judge Malachy E. Mannion, to serve 7 years in prison for the armed robbery of the Econo Lodge in Scranton on February 13, 2016.

According to United States Attorney Bruce D. Brandler, Robinson, previously pleaded guilty to the charge of brandishing a firearm in furtherance of a crime of violence.   Robinson was one of four individuals, including Tracy Whiting, age 24, of Newport News, Virginia, Kwa’shon Roane, age 24, of Gloucester, Virginia, and Rodney Whiting, age 23, of Scranton, who were indicted by a grand jury in March 2016 for the armed robbery of the Econo Lodge.  Tracy Whiting, Rodney Whiting and Kwa’shon Roane also entered guilty pleas and are awaiting sentencing. 

The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Scranton Police Department, the Pennsylvania State Police, the Lackawanna County District Attorney’s Office and numerous local law enforcement agencies, including the Taylor Borough and Moosic Borough Police Departments. 

The case was prosecuted by Assistant United States Attorney Robert J. O’Hara.           

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.           

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert J. Rice, a Colonel in the U.S. Army stationed at the U.S. Army War College, age 58, of Carlisle, Pennsylvania, was sentenced today by Chief U.S. District Court Judge Christopher C. Conner to 144 months’ imprisonment to be followed by 10 years’ supervised release for distribution of child pornography over the internet.

According to United States Attorney Bruce D. Brandler, the sentence follows a five-day jury trial in May 2016.  The jury found that Rice knowingly possessed child pornography from August 2010 through January 29, 2013, and that he received and distributed child pornography through the internet from January 23, 2013 through January 28, 2013. Rice is currently incarcerated at Ft. Leavenworth Prison in Kansas where he is serving a 48-month sentence as a result of a court martial conviction.  Today’s federal sentence was ordered to run concurrent with Rice’s military sentence. 

The case was investigated by the Cumberland County District Attorney’s Office, the U.S. Army Criminal Investigation Division and Homeland Security Investigations.  Assistant United States Attorneys James T. Clancy and Chelsea B. Schinnour prosecuted the case.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Rose Umana, age 49, of Mechanicsburg, Pennsylvania, was sentenced on December 21, 2016, by United States District Court Judge Sylvia H. Rambo to 36 months in prison for making false statements relating to health care matters, engaging in monetary transactions involving criminally-derived property, and identity theft.  

According to United States Attorney Bruce D. Brandler, between January 2012 and January 2014, Umana, the owner and operator of Vision Healthcare Services, Inc., Harrisburg, Pennsylvania, created false identification documents and fictitious occupational licenses for workers. In executing the scheme, Umana then (1) submitted bills to Medicaid for medical services not provided by the workers, (2) billed Medicaid for services provided by someone other than the person claimed to be the provider, and (3) billed Medicaid for services not provided or provided by someone not qualified to provide the service.

Medicaid is the joint federal–state program that provides health care and nursing home coverage to low asset/income individuals.  Medicaid in Pennsylvania is administered by the Department of Human Services.  Vision Healthcare Services, Inc., is a medical staffing company and home care services provider servicing Dauphin, Cumberland, Perry and York Counties and has been enrolled under Medicaid since 2006.

The total loss resulting from Umana’s conduct was $1,184,224. In addition to the three- year-term of imprisonment, Judge Rambo also ordered Umana to pay $1,184,224 in restitution and ordered the forfeiture of $656,421.  Judge Rambo ordered Umana to report to the Bureau of Prisons on January 23, 2017.

The case was investigated by the Office of Inspector General, U.S. Department of Health and Human Services; Internal Revenue Service Criminal Investigations; and, the Medicaid Fraud Control Section of the Pennsylvania Office of Attorney General.  Special Assistant U.S. Attorney Heather M. Albright of the Pennsylvania Attorney General’s Office, and Assistant U.S. Attorney Joseph J. Terz prosecuted the case.  

# # #

HARRISBURG – The United States Attorney's Office for the Middle District of Pennsylvania announced that Reginald Barton, age 30, of Harrisburg, Pennsylvania was sentenced today to 15 years’ imprisonment by Chief United States District Court Judge Christopher C. Conner for possessing a firearm as a convicted felon. 

According to United States Attorney Bruce D. Brandler, Barton pleaded guilty to possession of a firearm by a convicted felon in July 2016, as a result of a traffic stop in Harrisburg where Barton fled on foot from the police, fired one shot and then tossed the gun, a .22 caliber EIG revolver.  Officers from the Harrisburg Bureau of Police caught Barton after a brief foot chase, recovered the firearm and determined that Barton possessed it after having previously been convicted of several felony offenses.  As a result of his prior convictions, Barton was determined to be an armed career criminal subject to a minimum mandatory 15-year term of imprisonment.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Bureau of Police.  Assistant United States Attorney Meredith A. Taylor prosecuted the case.

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

# # #

SCRANTON-  The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Justin Bodnar, age 27, of Wilkes-Barre, Pennsylvania, was indicted on December 20, 2016, by a federal grand jury for intentionally accessing protected computers without authorization. 

According to United States Attorney Bruce D. Brandler, the indictment charges Bodnar with an incident in 2013 in which Bodnar allegedly hacked a computer and thereby obtained the e-mails of another individual which he then attempted to sell.  The indictment also charges Bodnar with causing intentional damage to a computer stemming from multiple incidents in 2012 in which Bodnar allegedly hacked the computers of his former employer and caused damage to those computers.

The case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Robert J. O’Hara 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 these offenses is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Edwards, age 35, an inmate at the United States Penitentiary, Allenwood, Pennsylvania (USP Allenwood), was indicted on December 20, 2016, by a federal grand jury for possession of a dangerous weapon.

According to United States Attorney Bruce D. Brandler, Edwards was discovered with a sharpened weapon, commonly known as a “shank,” on his person in the prison in August 2016.

The case was investigated by the Federal Bureau of Investigation and the Federal Bureau of Prisons.  Assistant United States 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 five 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 Stephen Morrison, age 28, was indicted on December 20, 2016, by a federal grand jury for possession of AB-Pinaca, a Schedule I controlled substance, and a sharpened weapon, commonly called a “shank,” while an inmate at the Federal Correctional Institution (“FCI”) at Allenwood, Pennsylvania. 

According to United States Attorney Bruce D. Brandler, Morrison was discovered with the synthetic cannabinoid and weapon on his person at FCI Allenwood in September 2016.

The investigation was conducted by the Federal Bureau of Investigation and officers at FCI Allenwood.  Assistant United States 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 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.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Levar Washington, age 37, inmate at United States Penitentiary, Allenwood (USP Allenwood), was indicted on December 20, 2016, by a federal grand jury for assault with a dangerous weapon and possession of contraband.

According to United States Attorney Bruce D. Brandler, the indictment alleges that Washington attacked another inmate with a sharpened weapon commonly called a “shank.”  The victim suffered multiple stab wounds.

The case was investigated by the Federal Bureau of Investigation and USP Allenwood.  Assistant United States 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 the assault 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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Johnnie Zeigler, age 37, of Harrisburg, Pennsylvania, was indicted by a federal grand jury on a federal firearms charge.

According to United States Attorney Bruce D. Brandler, Zeigler was charged in a one count indictment for being a convicted felon illegally in possession of two loaded guns and ammunition. The charges arise out of an incident in Harrisburg where Zeigler was arrested and police seized a canvas bag containing a Remington Arms 22 LR Rifle, Harrington and Richardson .22 caliber revolver, and ammunition.

The investigation was conducted by the Harrisburg Police Department and the Harrisburg Resident Office of the Bureau of Alcohol, Tobacco and Firearms. Assistant United States Attorney William A. Behe 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 charge is a 10-year term of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Bonilla, Jr., age 31, and William Davis, age 29, both inmates at the Federal Correctional Institution, Schuylkill, in Minersville, Pennsylvania (FCI Schuylkill), were indicted on December 20, 2016, by a federal grand jury for conspiracy and attempt to obtain marijuana and synthetic marijuana in FCI Schuylkill.

The case was investigated by the Federal Bureau of Investigation and the Federal Bureau of Prisons.  Assistant United States Attorney Todd K. Hinkley is prosecuting the case.

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

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

The maximum penalty under federal law for this offense is 10 years of 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.

# # #

WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Timothy Fenster, age 31, of Plains Township, Pennsylvania, was sentenced today by United States District Court Judge Richard A. Caputo in Wilkes-Barre, to 92 months’ imprisonment for committing five bank robberies, and one robbery of a store.  The sentence imposed credited Fenster with 23 months already spent in prison while facing other state charges.  The Court ordered the remaining 92 months’ imprisonment term to commence today.      

According to United States Attorney Bruce D. Brandler, Fenster pleaded guilty today prior to his sentencing and admitted to committing the following armed robberies:

• Community Bank, Laceyville, Pennsylvania, on December 17, 2014;
• M&T Bank, Hanover Township, Pennsylvania, on December 22, 2014;
• FNCB, Plains Township, Pennsylvania, on January 14, 2015;
• M&T Bank, Coal Street, Wilkes-Barre, Pennsylvania, on January 22, 2015;
• Community Bank, Meshoppen, Pennsylvania, on January 26, 2015; and
• Family Dollar, Ashley Borough, Pennsylvania, on January 28, 2015.

Fenster was arrested on January 29, 2015, and has been incarcerated since that date.  Judge Caputo also ordered Fenster to pay $21,650 in restitution, and order that he spend three years on supervised release following service of his sentence. 

The case was investigated by the Federal Bureau of Investigation, Jenkins Township Police Department, Plains Township Police Department, and the Pennsylvania State Police.  Assistant United States Attorney John Gurganus prosecuted the case. 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brittany Ann Banscher, age 21, of Hawley, Pennsylvania, pleaded guilty on December 19, 2016, before United States District Court Judge James M. Munley in Scranton, to a charge of drug distribution resulting in death.

According to United States Attorney Bruce D. Brandler, Banscher admitted to knowingly and intentionally distributing heroin, a Schedule I controlled substance, which resulted in the death of another.  Banscher was previously indicted by a federal grand jury in Scranton on August 30, 2016.  Banscher faces a minimum mandatory 20-year sentence as a result of her guilty plea.

The charges stem from a joint investigation involving the Drug Enforcement Administration, the Scranton Police Department, and the Pennsylvania State Police.  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.

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

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Charles J. Senke, age 59, of Syracuse, New York, was indicted by a federal grand jury for traveling in interstate commerce to meet a minor for illicit sexual conduct, as well as online enticement.

According to United States Attorney Bruce D. Brandler, the indictment alleges that Senke used the internet and a cellular device to persuade a person who he believed to be 14 years old to engage in sexual conduct.  It is alleged that on February 4, 2015, Senke travelled to Scranton by automobile from Syracuse for the specific purpose of engaging in sexual activity with the person he believed to be a minor.  

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

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

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

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

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

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Mark Cook, age 38, of Scranton, Pennsylvania, was indicted by a federal grand jury on a superseding indictment charging additional counts of sex trafficking and attempted sex trafficking by force and coercion, a drug conspiracy count, and a wire fraud charge.

According to United States Attorney Bruce D. Brandler, the superseding indictment alleges that Cook, who used the street name of “Lucky,” used force or coercion in connection with two additional victims of sex trafficking and attempted sex trafficking, conspired with others to distribute cocaine in February through April 2015, and, committed wire fraud in relation to a vehicle insurance claim in August-September 2016.

The superseding indictment also contains the original charges of conspiracy to commit sex trafficking by force and coercion, three counts of sex trafficking by force and coercion, possession with intent to distribute heroin, “molly,” and cocaine, and attempted witness tampering.

According to the superseding indictment, Cook allegedly used a website to post advertisements for prostitution, rented hotel rooms in Scranton and Wilkes-Barre for prostitution purposes, and used intimidation, threats, physical assaults, and illegal drugs to further the prostitution business.

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

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

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

The sex trafficking offenses each carry a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of life in prison. The drug charges and attempted witness tampering charge each carry a potential maximum sentence of 20 years in prison. The wire fraud charge carries a potential maximum sentence of 30 years in prison.  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 Chad Stoner, age 28, and Emily Winand, age 27, both of Conewago Township, York County, Pennsylvania, were indicted on December 7, 2016, by a federal grand jury, for transmitting an interstate communication containing a threat to injure police officers and officials of Conewago Township.  The indictment also charges that Stoner was a felon in possession of a firearm.

The indictment was unsealed December 16, 2016, following Winand’s initial appearance before United States Magistrate Judge Susan E. Schwab in Harrisburg, on December 9, 2016.  Stoner is currently in York County Prison on state charges.

According to United States Attorney Bruce D. Brandler, the indictment alleges that on or about August 10, 2016, defendants Stoner and Winand agreed that Winand would use her Youtube account to post a video on which defendant Stoner communicated a threat to injure police officers.  The indictment also alleges that on July 8, 2016, Stoner, who had been convicted of an offense punishable by imprisonment for a term exceeding one year, possessed three firearms.

The investigation was conducted by the Harrisburg Resident Office of the Federal Bureau of Investigation, Joint Terrorism Task Force, the Northern York County Regional Police Department, and the West York Borough Police Department. The case is being prosecuted by Assistant United States Attorney Joseph J. Terz.

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.

Stoner faces a maximum penalty under federal law of 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Winand faces a maximum penalty under federal law of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on December 13, 2016, Timothy Rissmiller, age 44, and on December 15, 2016, John L. Gilbert, III, age 36, both of Harrisburg, Pennsylvania, pleaded guilty this week to possession of child pornography before Chief United States Magistrate Judge Martin C. Carlson. 

According to United States Attorney Bruce D. Brandler, Gilbert and Rissmiller were apprehended by the Harrisburg Bureau of Police after the pair printed photographs containing child pornography at a Harrisburg drugstore.  The men were identified when they called a clerk over to help them with the photo printing when it malfunctioned.  Police who responded seized the pornographic images of prepubescent children and the surveillance video showing Gilbert and Rissmiller in the store.  Officers also searched the halfway house the men were living in as part of their federal supervised release for a prior child exploitation offense involving child pornography. During this search, officers located additional images of child pornography and graphic stories about engaging in sexual activity with children. 

The case was investigated by the Federal Bureau of Investigation and the Harrisburg Bureau of Police.  Assistant United States Attorney Meredith A. Taylor 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.

A violation of possession of child pornography in this case carries an enhanced penalty requiring a mandatory minimum of 10 years’ imprisonment and a statutory maximum penalty of 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 that Victor Tello, age 25, of Tobyhanna, Pennsylvania, pleaded guilty today before U.S. District Court Judge Malachy E. Mannion in Scranton, to distribution and possession with intent to distribute heroin.

According to United States Attorney Bruce D. Brandler, Tello admitted to distributing heroin in November-December 2013, in Monroe County, Pennsylvania. Tello admitted to selling between 40 grams and 60 grams of heroin, which is equivalent to between 1,300 and 2,200 retail bags of heroin.

Judge Mannion ordered a pre-sentence report to be completed. Sentencing will be scheduled after the pre-sentence report is completed.

The case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police, the Monroe County District Attorney’s Office, and the Pocono Mountain Regional Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

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

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

The maximum penalty under federal law for this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a $1 million 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 Robert Estes, age 41, of Allentown, Pennsylvania, pleaded guilty today before U.S. District Court Judge Malachy E. Mannion in Scranton, to conspiring with others to distribute more than 100 grams of heroin and more than 50 grams of methamphetamine in Carbon County, Pennsylvania, and elsewhere.  

According to United States Attorney Bruce D. Brandler, Estes admitted to being a manager and supervisor of a conspiracy that distributed between one and three kilograms of heroin (which is equivalent to 33,000 to 99,000 retail bags of heroin), and between 350 and 500 grams of methamphetamine, in the Carbon County area during early 2016 through June 2016.  

Estes faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison, and a $5 million fine. Judge Mannion ordered a pre-sentence report to be completed. Sentencing will be scheduled at a later date.

The case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police, and the Allentown Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

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

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

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the Middle District of Pennsylvania collected $14.5 million in criminal and civil actions in Fiscal Year 2016.  Of this amount, $2.1 million was collected in criminal actions and $12.3 million was collected in civil actions. 

The $14.5 million collected exceeds the Office’s $8.9 million appropriated budget by approximately $5.6 million.

Additionally, the U.S. Attorney’s Office in the Middle District of Pennsylvania, working with partner agencies and divisions, collected over $4 million in asset forfeiture actions in FY 2016.  Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

Attorney General Loretta E. Lynch announced on December 14, 2016, that the Justice Department collected nearly $15.4 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2016.  The $15.4 billion in collections in FY 2016 represents more than five times the appropriated $2.93 billion budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period.

“Every day, the men and women of the Department of Justice work tirelessly to enforce our laws, ensuring that taxpayer dollars are used properly and that the American people are protected from exploitation and abuse,” said Attorney General Lynch.  “Today’s announcement is a testament to that work, and it makes clear that our actions deliver a significant return on public investment.  I want to thank the prosecutors and trial attorneys who made this year's collections possible, and I want to emphasize that the department remains committed to the well-being of our people and our nation.”

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Henry J. Flemister, age 26, of Steelton, Pennsylvania, and Kevin N. Bilheimer, age 57, of Yeagertown, Pennsylvania, were indicted on December 14, 2016, by a federal grand jury for heroin and crack cocaine trafficking violations.

According to United States Attorney Bruce D. Brandler, the indictment alleges that Flemister and Bilheimer conspired and possessed with the intent to distribute heroin and crack cocaine in August and September 2016, in Mifflin County. 

The case was investigated by the Mifflin County Drug Task Force and the Federal Bureau of Investigation.  Assistant United States Attorney James T. Clancy is prosecuting the case.

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

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

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

The maximum penalty under federal law for each of the drug trafficking offenses and conspiracy 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 Joseph Wayne Acevedo, age 31, of Harrisburg, Pennsylvania, was indicted on December 14, 2016, by a federal grand jury for failure to register as a sex offender.

According to United States Attorney Bruce D. Brandler, Acevedo was convicted of the offense of indecent assault on a six-year-old child in York County in 2006.  That conviction required Acevedo to register as a sex offender in any place he lived, worked, or attended school, and to update his registration on a quarterly basis.  Acevedo is charged with failing to update his registration as a convicted sex offender as required by law. 

The case was investigated by the Pennsylvania State Police and the United States Marshals Service.  Prosecution is assigned to Assistant U.S. Attorney James T. Clancy

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

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

The maximum penalty under federal law for this offense is 10 years 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 five previously deported aliens were indicted separately on December 14, 2016, by a federal grand jury in Harrisburg on illegal re-entry charges.

According to United States Attorney Bruce D. Brandler, Yunny Javier Aplicano-Gutierrez, age 30, a citizen of Honduras, was previously deported from the United States to Honduras in August 2009.  He is alleged to have illegally reentered the United States sometime after August 2009 and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.

Octavio Martinez-Calzada, age 44, of Mexico, was previously deported from the United States to Mexico in May 2003.  He is alleged to have illegally reentered the United States sometime after May 2003 and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

Eduardo Jurado-Morales, age 34, of Guatemala, was previously deported from the United States to Guatemala in April 2008.  He is alleged to have illegally reentered the United States sometime after April 2008 and was found in the United States in York County after eluding examination or inspection by immigration officers.

The maximum penalty under federal law for Aplicano-Gutierrez, Martinez-Calzada and Jurado-Morales’s offenses are two years of imprisonment, a term of supervised release following imprisonment, and a fine.

Lorenzo Hernandez-Aguilar, age 33, of Mexico, Hernandez-Aguilar was previously deported from the United States to Mexico in June 2016.  He is alleged to have illegally reentered the United States sometime after June 2016 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2015, he was convicted in the Franklin County Court of Common Pleas of Driving Under the Influence of Alcohol, an offense which subjects him to enhanced penalties in the current case.

Luis Lopez, age 24, of Mexico, was previously deported from the United States to Mexico in February 2012.  He is alleged to have illegally reentered the United States sometime after February 2012 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2011, he was convicted in the Franklin County Court of Common Pleas of Interference with Custody of Children, an offense which subjects him to enhanced penalties in the current case.

The maximum penalty under federal law for Hernandez-Aguilar and Lopez’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 today that Khalid Fahide Carter, age 22, of Harrisburg, was convicted by a federal jury of distribution of crack cocaine, possession with intent to distribute crack cocaine, and possession of a firearm in furtherance of drug trafficking.  The three-day trial was held before Chief United States District Court Judge Christopher C. Conner in Harrisburg.

According to United States Attorney Bruce D. Brandler, the jury returned the verdict after less than two hours of deliberation.  The jury found that Carter distributed cocaine base, also known as crack cocaine, and possessed a .40 caliber semi-automatic handgun in furtherance of a drug trafficking crime on January 12, 2016. 

This case was investigated by the Federal Bureau of Investigation Capital City Safe Streets Task Force, the Harrisburg Bureau of Police, and the Pennsylvania Office of the Attorney General.  Assistant United States Attorneys Daryl F. Bloom and 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.       

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Justin Strait, age 26, of Scranton, Pennsylvania, was sentenced to six years in prison on December 13, 2016, by Senior U.S. District Court Judge James M. Munley in Scranton, for his role in a sex trafficking conspiracy that used a minor to engage in prostitution at several hotels and motels in Northeastern Pennsylvania.  

According to United States Attorney Bruce D. Brandler, Strait previously admitted that he assisted three other men in the sex trafficking activity during early-to-mid 2014. Strait pleaded guilty in July 2015.

Judge Munley also ordered Strait to serve five years on supervised release following his prison sentence. Strait must also register as a sex offender and comply with all sex offender notification requirements of federal and state law.

Three other men connected to the sex trafficking conspiracy have also pleaded guilty: Sean Cantelmo was sentenced to 151 months in prison; Jimmy Cantelmo was sentenced to 10 years in prison; and Mark Matis is awaiting sentencing.

Strait and/or his co-conspirators recruited the minor to engage in prostitution, rented motel rooms for purposes of prostitution, provided condoms to the minor, photographed the minor and posted advertisements for “escort services” on a website, provided illegal drugs to the minor, and acted as security during prostitution activities.

The case was investigated by Homeland Security Investigations and the Pennsylvania State Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jabril Greggs, age 26, of Tobyhanna, Pennsylvania, was sentenced on December 12, 2016, by United States District Court Judge Malachy E. Mannion in Scranton, to serve 33 months in prison for distributing heroin.

According to United States Attorney Bruce D. Brandler, Greggs admitted to selling heroin during July 2014, and in April and May of 2015, in the Monroe County area. Greggs admitted to distributing between 80 and 100 grams of heroin, which is equivalent to between 3,000 and 4,000 retail bags of heroin. Greggs pleaded guilty in September 2016.

In rejecting the defendant’s request to be sentenced below the advisory guideline range, Judge Mannion noted the great harm that distributors of heroin were inflicting on our communities.

Judge Mannion also ordered Greggs to be placed on two years of supervised release following his prison sentence, and to pay a special assessment of $100.

Greggs was indicted by a federal grand jury in October 2014, as a result of an investigation by the Drug Enforcement Administration, the Pennsylvania State Police, and Pocono Mountain Regional Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.

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

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Alexander Driscoll, age 60, of Mechanicsburg, Pennsylvania, pled guilty on December 13, 2016, before Chief United States Magistrate Judge Martin C. Carlson to receiving child pornography.

According to United States Attorney Bruce D. Brandler, Driscoll admitted to receiving images depicting the sexual exploitation of children.  After obtaining a search warrant, federal law enforcement officers located thousands of images and movies containing child pornography in Driscoll’s possession.

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

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.

Driscoll was a 1987 subject of a United States Postal Inspection Service child exploitation operation where he was arrested and convicted of mailing and receiving child pornography.  As such, the maximum penalty under federal law for this offense is 40 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine.  In addition, this offense carries a mandatory term of imprisonment of 15 years.

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

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Cedrick Vaughn Perkins, age 20, of Orangeville, Pennsylvania, was sentenced today by United States District Court Judge Matthew W. Brann, to 60 months’ imprisonment on child pornography distribution charges.

Judge Brann also ordered Perkins to pay $3,000 in restitution and to register as a sex offender. 

According to United States Attorney Bruce D. Brandler, Homeland Security Investigators received information from the Pennsylvania Internet Crimes Against Children Task Force that Perkins downloaded numerous videos and images containing child pornography from the internet between January and June 2015.  Forensic examination of Perkins’s cell phone and computer revealed approximately 75 images and 90 videos of child pornography.

“HSI agents are committed to thwarting the distribution of child pornography, and ensuring criminals like the defendant are brought to justice for preying on vulnerable children,” said Marlon V. Miller, special agent in charge of HSI in Pennsylvania.

The case was investigated by Homeland Security Investigations.  Assistant United States Attorney Todd K. Hinkley prosecuted the case.

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Israel Calcano-Garcia, age 44, of Hazleton, Pennsylvania, who is a citizen of the Dominican Republic, pleaded guilty today to distributing heroin within 1,000 feet of a school, before U.S. District Court Judge Robert D. Mariani in Scranton.

According to United States Attorney Bruce D. Brandler, the defendant, Calcano-Garcia, admitted to selling heroin in January 2015 near the Immanuel Christian School in Hazleton. Calcano-Garcia admitted to distributing between 80 and 100 grams of heroin, which is approximately equivalent to between 2,700 and 4,000 retail bags of heroin.

Judge Mariani ordered a pre-sentence investigation to be completed. Sentencing will be scheduled at a later date.

Calcano-Garcia was indicted by a federal grand jury in Scranton in September 2015, as a result of an investigation by the Drug Enforcement Administration and the Hazleton Police Department. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

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

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’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum one-year prison sentence for distributing heroin within one thousand feet of a school. 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 Matthew S. Norris, age 34, of Hanover, Pennsylvania, pled guilty on December 8, 2016, before United States District Court Judge Sylvia H. Rambo in Harrisburg, to bank fraud and money laundering charges.

According to United States Attorney Bruce D. Brandler, Norris is the owner and operator of Norris Enterprises, d/b/a Aerus Electrolux, Hanover.  Norris admitted to executing a scheme in 2011 that defrauded GE Bank out of $157,785.  Norris, as the owner/operator of Aerus Electrolux, was an authorized independent franchisee of Electrolux International, which was then located on York Street, in Hanover. Norris submitted approximately 27 credit applications under the names and identifiers of his customers to GE Bank without the customers’ knowledge or consent. By inflating the customers’ income on electronic credit applications, Norris succeeded in obtaining lines of credit for the customers to purchase Electrolux products.  Norris then charged the approved accounts for fictional merchandise sales and, as a result, GE Bank deposited the loan proceeds into Norris’s business account. 

The scheme was discovered in October of 2011 when an Electrolux executive initiated an onsite audit of Norris’ business. When GE Bank learned what Norris had done, it immediately credited all amounts owed by the customers.

Under the terms of the plea agreement with the government, Norris agreed to make restitution to GE Bank in the amount of $157,785.  No date has been set for sentencing pending preparation of a presentence report.

The investigation was conducted by the U.S. Postal Inspection Service and the Internal Revenue Service, Criminal Investigations. The case was prosecuted by Assistant United States Attorney Kim Douglas Daniel.

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

The maximum penalty under federal law for this offense is 30 years of imprisonment, a term of supervised release following imprisonment, and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dr. Robert Gorrell, Jr., age 66, of Wayne County, Pennsylvania, pleaded guilty today before United States District Court Judge Malachy E. Mannion in Scranton, to evading payment of his income taxes, pursuant to a plea agreement with the United States.

According to United States Attorney Bruce D. Brandler, Dr. Gorrell formerly worked for Wayne Memorial Hospital in Honesdale, Pennsylvania.  During the plea hearing, he admitted to engaging in a years-long pattern of activities to avoid paying over $148,000 in tax.  Among other things, he caused his tax preparer to file Form 1040 tax returns and Form 433-A collection statements that falsely claimed Dr. Gorrell paid for his own medical malpractice insurance.  He also admitted that he forged documents from Wayne Memorial Hospital and from an insurance company to support those false claims.  Dr. Gorrell further admitted to withholding from the IRS information about bank accounts under his control, and about his ownership of a Porsche Cayenne, to impede collection efforts. 

The investigation was conducted by the Criminal Investigation Division of the IRS.  Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.

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

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

# # #

WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dominique Lassiter, age 26, of Williamsport, Pennsylvania, was indicted by a federal grand jury for drug trafficking and possession of firearms by a felon.

According to United States Attorney Bruce D. Brandler, the indictment alleges that Lassiter distributed heroin in Williamsport in September and October 2016.  After an investigation by the Lycoming County Narcotics Enforcement Unit, a search of Lassiter’s apartment uncovered a 9mm pistol, 12-gauge shotgun, .308 caliber rifle, heroin packaged for distribution, bulk heroin and cocaine, and items commonly used in drug trafficking such as digital scales and empty packets identical to the filled packets seized.        

The charges stem from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Williamsport Bureau of Police, and the Lycoming County District Attorney’s Narcotics Enforcement Unit.  The case is assigned to Geoffrey MacArthur for prosecution.

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

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

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

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

The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of 3 years’ supervised release following imprisonment, and a $1 million dollar 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 Michael Depugh-King, age 20, of Harrisburg, Pennsylvania, was indicted on December 7, 2016, by a federal grand jury in Harrisburg, on drug trafficking and firearms charges.

According to United States Attorney Bruce D. Brandler, the indictment alleges that Depugh-King distributed synthetic marijuana on August 30, 2016, in Harrisburg.  The indictment also alleges that Depugh-King possessed a loaded Kel-Tec .9mm semi-automatic handgun during and in relation to his drug trafficking activities.

The case was investigated by the Harrisburg Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and the Harrisburg Police Department and is being prosecuted by Assistant U.S. Attorney William A. Behe

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

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

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

The maximum penalty under federal law for the drug trafficking offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for the firearm offense is life imprisonment including a mandatory 5-year term of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Erik Palmer, age 29, of Harrisburg, Pennsylvania, was indicted on December 7, 2016, by a federal grand jury in Harrisburg, for distributing heroin that led to the death of another person, heroin distribution and criminal conspiracy.

According to United States Attorney Bruce D. Brandler, the indictment alleges that Palmer unlawfully distributed heroin on January 13, 2016, that led to the death of another person whose body was found in her home on January 14, 2016. The cause of death was determined to be acute morphine toxicity. The indictment also alleged that Palmer distributed heroin in March and April 2016 and conspired with individuals known to the grand jury to distribute heroin on those occasions.

The investigation was conducted by the Drug Enforcement Administration, the Dauphin County Drug Task Force, and the Lower Paxton Township Police Department.  The case is being prosecuted by Assistant United States Attorney William A. Behe.

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

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

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

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a James King, age 48, of Stroudsburg, Pennsylvania, pleaded guilty today to possession with intent to distribute heroin, before Senior U.S. District Court Judge A. Richard Caputo in Wilkes-Barre.

According to United States Attorney Bruce D. Brandler, the defendant, James King, admitted to possessing with the intent to distribute approximately 60 grams of heroin which is the equivalent of 2,000 retail bags of heroin.  The heroin was found in his vehicle and residence in September of 2016.

According to the terms of the plea agreement, both the government and the defendant have agreed to recommend to the court that King be sentenced to 14 years in prison. Judge Caputo scheduled sentencing for April 17, 2017.

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

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

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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Western Union and MoneyGram agent,  

Chima Nneji, age 55, of Toronto, Canada, was sentenced by Chief United States District Court Judge Christopher C. Conner in Harrisburg, to 45 months in prison for conspiring to defraud hundreds of American residents out of more than $900,000 via mass marketing consumer fraud schemes.  

Chief Judge Conner also ordered Nneji to pay restitution in the amount of $381,729. The lower restitution amount is due in part to monies compensated to victims as part of the U.S. v. MoneyGram deferred prosecution agreement which established a $100 million restitution fund for MoneyGram customers that were victims of consumer fraud.

According to United States Attorney Bruce D. Brandler, in September 2012, Chima Nneji conspired with his codefendant brother, William Nneji, codefendant Alex Mgbolu, and other unnamed individuals between July 2002 and May 2010 to commit the crimes.  Chima Nneji was extradited to the United States from Canada and was arraigned on his charges in Harrisburg in July 2015.

Chima Nneji was the owner/operator of a Western Union agency called Advanced Computer and a MoneyGram agency known as Hallmark Services, in Toronto, Canada.  Between November 2004 and April of 2007, international mass marketing fraudsters instructed hundreds of consumer fraud victims across the United States to send Western Union and MoneyGram money transfers to Advanced Computer Service and Hallmark Services. The transfers were then paid out by Chima Nneji, and his brother.  Nneji and his brother cashed out the money transfers in a manner that maintained the anonymity of the fraudsters, by entering false names and identification data into the Western Union and MoneyGram computer data bases.  Analysts from the Toronto Police Service and U.S. Postal Inspection Service determined that over 90% of the payee addresses and identification numbers entered at Advanced Computer Service and Hallmark Services were invalid.  For his role in the scheme, Chima Nneji retained a portion of the money transfers before sending the balance of the funds on to the fraudsters.

Law enforcement personnel sent questionnaires to hundreds of MoneyGram customers in the United States whose $1,000 plus money transfers were paid out at Hallmark Services.  Not a single sender reported that their transfer was sent for a legitimate purpose.  One hundred ninety-eight customers reported that their money transfers, which totaled $579,436, were fraud-induced.  The known total dollar loss associated with all consumer fraud induced money transfers paid out at Advanced Computer Service and Hallmark Services is $915,978.

Codefendant William Nneji is a fugitive from justice.  Codefendant Alex Mgbolu pled guilty to the charges before Judge Conner in August 2016, and is awaiting sentencing.  

The case is part of an ongoing investigation by the Harrisburg Office of the U.S. Postal Inspection Service and is being prosecuted by Assistant United States Attorney Kim Douglas Daniel.

# # #

SCRANTON -  The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Daryl Johnson, age 32, an inmate at United States Penitentiary Canaan (USP Canaan), was indicted on December 6, 2016, 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 Johnson kicked 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, and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.

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 that Frederick Gladfelter, age 46, of York, Pennsylvania, pleaded guilty today before United States District Court Judge John E. Jones, III, to allowing his home to be used as a site for the distribution of heroin and crack cocaine.

According to United States Attorney Bruce D. Brandler, in January 2015, a York City man died after buying and using heroin sold at Gladfelter’s residence.

Co-defendant Dameon Lattimore of New York pled guilty before Judge Jones in May 2016 to a charge of distributing heroin that resulted in death.  Sentencing has not yet been scheduled. Co-defendant Yushonda Durant, also of New York, remains a fugitive. 

The investigation was conducted by the Drug Enforcement Administration, the York City Police Department and the York County District Attorney’s Office.  Prosecution is assigned to Assistant U.S. Attorney William A. Behe.

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

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

The maximum penalty under federal law 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 a federal grand jury in Scranton indicted Sable Daniel, age 27, of Philadelphia, Pennsylvania, for distribution of heroin and providing an inmate with contraband and Russell Whitmore, age 33, an inmate at United States Penitentiary, Canaan (USP Canaan), for possession of contraband by an inmate.

According to United States Attorney Bruce D. Brandler, the indictment alleges that Daniel delivered heroin to Whitmore during a visit at USP Canaan.

The investigation was conducted by the Federal Bureau of Investigation and officers at USP Canaan.  The case is being prosecuted by Assistant United States Attorney Sean A. Camoni.

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

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

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

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jwane Johnson, age 28, of Harrisburg, was convicted by a federal jury of possession with intent to distribute crack, possession of a handgun by a convicted felon, and possession of a firearm in furtherance of drug trafficking.  The two-day trial was held before United States District Court Judge William W. Caldwell in Harrisburg.   

According to United States Attorney Bruce D. Brandler, the jury returned the verdict after approximately two hours of deliberation.  The jury found that Johnson attempted to distribute crack near the Allison Hill section of Harrisburg on December 8, 2015 and when the sale was interrupted by Harrisburg Police, he fled leaving behind a 9mm semi-automatic handgun. He was later arrested near the same area on January 2, 2016, while in possession of crack cocaine that the jury found he intended to distribute.

The matter was investigated by the Harrisburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  The case was prosecuted by Assistant U.S. Attorneys Scott R. Ford and Joseph J. Terz.   

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

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

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

# # #

HARRISBURG -  The United States Attorney’s Office for the Middle District of Pennsylvania announced that Carol Watts, age 44, of Ft. Lauderdale, Florida, pleaded guilty today before United States District Court Judge John E. Jones, III, to conspiring to use stolen credit cards.

According to United States Attorney Bruce D. Brandler, Watts conspired with others to use stolen credit cards to purchase electronic merchandise and gift cards from stores in central Pennsylvania, such as Target and Best Buy. The co-conspirators engaged in this conduct for approximately eight months from 2014 to 2015.  Miller and her co-conspirators travelled from Florida to Pennsylvania breaking into cars to steal credit cards and identification documents in order to buy iPads, iPods, MacBooks and other electronic merchandise and gift cards. The total loss as a result of the scheme is estimated to be $179,500.  

The case was investigated by the Harrisburg Resident Office of the United States Secret Service, the Lower Paxton Township Police Department, and numerous other law enforcement agencies.  Assistant United States Attorney William A. Behe is prosecuting the case.

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

# # #

SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Thomas Rice, age 65, of Carbondale, Pennsylvania was sentenced by United States District Court Judge Malachy Mannion on December 2, 2016, to 10 months’ home confinement and three years’ probation for evading his mother’s income taxes.

Pursuant to a plea agreement, Rice paid $56,424 in restitution prior to sentencing.

According to United States Attorney Bruce D. Brandler, Rice had power of attorney for his mother and evaded paying approximately $65,000 in taxes from 2004-2008.

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that it issued a district specific opioid strategy to address the prescription opioid and heroin epidemic plaguing our nation and the Middle District of Pennsylvania.  United States Attorney Bruce D. Brandler stated, “more Americans now die every year from drug overdoses than they do in motor vehicle crashes or homicides and Pennsylvania has the eighth highest rate of overdose deaths in the United States.  Our office is committed to doing everything we can to address this growing problem.”

On September 21, 2016, the Department of Justice issued its national strategy to combat the rising public health challenges caused by the abuse of prescription opioids and the concomitant heroin epidemic engulfing our nation.  Although prescription opioid and heroin abuse is a national problem that requires a national strategy, the Department of Justice recognizes that its efforts must be tailored to the needs of each region and implemented by those who know their communities best.  Accordingly, the opioid strategy memorandum issued today is the Middle District’s strategy to combat this epidemic.

According to United States Attorney Bruce D. Brandler, the Middle District’s strategy rests on three interrelated pillars: prevention, enforcement and treatment.  In the area of prevention, the U.S. Attorney’s Office will continue its efforts to raise public awareness by developing a community education plan which will not only incorporate some of the office’s prior community outreach activities (such as the heroin and prescription drug symposium held on September 19, 2016) but will also add new features such as creating a formal multi-media presentation highlighting the dangers and warning signs of opioid abuse and offer tangible solutions.  The presentations will be made throughout the Middle District by experienced prosecutors, law enforcement officers, medical professionals and other appropriate individuals to schools, businesses, civic organizations, and prisoners soon to be released into the community

In the area of enforcement, United States Attorney Brandler stated, “opioid cases, particularly opioid cases resulting in death, will take the highest priority and such cases will be prosecuted aggressively to ensure maximum deterrence.  This not only includes prosecuting the members of drug trafficking organizations but also includes rogue health care providers, pharmacists and pharmaceutical employees who contribute to the available supply and overuse of prescription opioid painkillers.”

In the area of treatment, United States Attorney Brandler stated, “we will coordinate with our federal, state and local law enforcement partners to identify individuals most in need of treatment and direct those individuals to appropriate treatment providers and facilities at the earliest time.”

Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division stated, “in addition to our investigations and enforcement actions against drug traffickers responsible for the illegal diversion of prescription opioids and distribution of heroin, awareness, prevention, and ready access to treatment are equally as important in addressing this public health crisis.  3,383 people died across Pennsylvania last year from drug overdoses, the majority of which were attributable to heroin and opioids.  The DEA looks forward to working closely with U.S. Attorney Brandler and his office on this strategy to address this epidemic.” 

Michael Harpster, Special Agent in Charge of the FBI’s Philadelphia Division stated, “every day, the FBI and our law enforcement partners are working to disrupt the supply chain that feeds this heroin and opioid epidemic.  Despite significant success, the demand for these drugs continues unabated. Only through a strong, concerted effort will we gain any ground in this fight, by both targeting traffickers and raising public awareness about addiction, treatment, and prevention.”

Details concerning the Middle District’s opioid strategy can be found in the memorandum itself which is attached to this news release.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph W. Nagle, age 55, of Deerfield Beach, Florida and Ernest G. Fink, Jr., 71, of Orwigsburg, Pennsylvania, the former owners of Schuylkill Products Inc., (SPI) had their sentences affirmed by the Third Circuit Court of Appeals on November 30, 2016.  Nagle was sentenced to 84 months’ imprisonment on November 30, 2015 and Fink was sentenced to 41 months’ imprisonment on February 24, 2016, for their roles in a massive conspiracy to defraud the Disadvantage Enterprise (DBE) program, announced Bruce D. Brandler, U.S. Attorney for the Middle District of Pennsylvania. 

According to the U.S. Department of Transportation (USDOT), this scheme, which lasted for over 15 years and involved over $136 million in government contracts in Pennsylvania alone, is the largest reported DBE fraud in the nation’s history.

In April 2012, after a four-week jury trial, a jury convicted Nagle on 26 charges relating to the scheme, including conspiracy to defraud USDOT, mail fraud, wire fraud, and money laundering.  Fink previously pleaded guilty to conspiracy to defraud the USDOT in August 2010. 

In June 2014, Nagle was sentenced to 84 months’ imprisonment and Fink was sentenced to 51 months’ imprisonment but those sentences were vacated by the U.S. Court of Appeals for the Third Circuit in September 2015 due to an incorrect calculation of the loss amount under the Sentencing Guidelines.  Upon remand to the district court for resentencing, United States District Court Judge Sylvia H. Rambo recalculated the loss amount and sentenced Nagle to the same sentence and reduced Fink’s sentence to 41 months’ imprisonment.  Both men appealed the new sentences and the Appellate Court affirmed those sentences yesterday in a ten-page opinion, which is attached.  The Appellate Court ruled that Judge Rambo correctly measured the loss by determining the profits the defendants received as a result of the fraud and diverted from legitimate DBE’s.  The Appellate Court also rejected Fink’s claim that his sentence was substantively unreasonable based on his age and the non-violent nature of the offense stating that, “a 41-month sentence for a 70-year old first-time offender who, for at least fifteen years presided over the largest reported DBE fraud in the history of the U.S. Department of Transportation is not unreasonable.”

In 2014, three other former executives associated with SPI were sentenced for their roles in the scheme.

Romeo P. Cruz, of Westhaven, Connecticut, the former owner of Marikina Construction Corp., which operated as a front for SPI, was sentenced to 33 months’ imprisonment.

Timothy G. Hubler, of Ashland, Pennsylvania, SPI’s former Vice-President in charge of field operations, was sentenced to 33 months’ imprisonment.

Dennis F. Campbell, of Orwigsburg, Pennsylvania, SPI’s former Vice-President in charge of sales and marketing, was sentenced to 24 months’ imprisonment. 

The investigation was conducted by the FBI, the U.S. Department of Transportation Inspector General’s Office, the U.S. Department of Labor Inspector General’s Office, and the Criminal Investigation Division of the IRS.  U.S. Attorney Bruce Brandler and Assistant U.S. Attorney Kim Douglas Daniel handled the prosecution.

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that the Third Circuit Court of Appeals today affirmed the 12 ½-year prison sentence imposed by Senior U.S. District Court Judge Richard P. Conaboy on a California resident who transported 23 kilograms of heroin (approximately 760,000 retail bags of heroin) from California to Pennsylvania.    

According to United States Attorney Bruce D. Brandler, the defendant, Francisco Martinez-Rubio, age 36, a citizen of Mexico, claimed on appeal that his 151-month prison sentence was unreasonable.

Martinez-Rubio pleaded guilty on September 8, 2015, to possession with intent to distribute more than one kilogram of heroin. Judge Conaboy sentenced him on December 15, 2015. Martinez-Rubio admitted that he and three others transported the heroin across the country during late June to early July 2014.

In upholding the sentence, the appeals court ruled that Judge Conaboy was correct in categorizing the defendant as an organizer of criminal activity because he recruited other drug couriers and directed them in their efforts in transporting the heroin across the country. The Court further held that the 12 ½ -year prison sentence was reasonable given the seriousness of the offense and the need to deter others from engaging in similar conduct.

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 Drug Enforcement Administration and the Pennsylvania State Police. Assistant United States Attorney Francis P. Sempa prosecuted the case and handled the appeal.

# # #

WILKES-BARRE- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Adrian Smith, age 21, of New York, pleaded guilty on November 29, 2016, before United States Magistrate Judge Joseph F. Saporito, Jr., in Wilkes-Barre, to attempted sex trafficking of a minor.

According to United States Attorney Bruce D. Brandler, Smith admitted to assisting others in maintaining a minor for the purpose of having the minor engage in prostitution during August 2016, at a hotel in Scranton.  Smith also admitted that he provided prostitutes with a place to stay and provided protection for the minors in connection with the attempted sex trafficking activities.

Judge Saporito ordered a pre-sentence investigation to be completed.  Sentencing in the case will be scheduled by Senior United States District Court Judge Richard P. Conaboy.

The case was investigated by the Federal Bureau of Investigation and the Scranton Police Department. 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 life imprisonment, a term of supervised release following imprisonment, and a fine. There is also 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.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Aida Crespo, age 44, of Harrisburg, Pennsylvania, was sentenced today by Chief United States District Court Judge Christopher C. Conner, to 20 months’ imprisonment for submitting approximately 27 fraudulent tax returns to the Internal Revenue Service. 

According to United States Attorney Bruce D. Brandler, between the years 2007 and 2011, Crespo made numerous false representations in the preparation of income tax returns for herself and for others in order to maximize refund amounts.  The fraudulent tax returns included misrepresenting Schedule C income, listing fictitious dependents and manipulating filing status.  As a result, the United States Treasury issued approximately $75,000 in refunds to individuals which exceeded the amount that they were entitled to receive. 

The case was investigated by the Internal Revenue Service Criminal Investigation Division.  Assistant United States Attorney Chelsea Schinnour prosecuted the case. 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gerard Grant, age 60, of Harrisburg, was sentenced by United States District Court Judge Yvette Kane in Harrisburg, to two years in federal prison for unlawfully distributing prescription drugs.

According to United States Attorney Bruce D. Brandler, Grant admitted to selling approximately 500 Vicodin tablets, a controlled substance which contained hydrocodone, to an individual cooperating with the Drug Enforcement Administration.  Grant also admitted to selling the Vicodin tablets on five different occasions in Harrisburg to others.

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.        

# # #

WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ruben Rosario, age 19, of Wilkes-Barre, pleaded guilty today before United States Magistrate Judge Joseph F. Saporito, Jr., in Wilkes-Barre, to the charge of making false statements to a federally licensed firearm dealer. 

According to United States Attorney Bruce D. Brandler, Rosario admitted that he and another individual provided false information regarding the purchase of a semi-automatic .22 caliber pistol from Piestrak’s Gun Shop, LLC, in Nanticoke, Pennsylvania, on April 5, 2016. Rosario paid another individual to purchase the firearm for him and to falsify the paperwork in connection with the sale.

Rosario will appear for sentencing before United States Senior District Judge Richard P. Conaboy in Scranton on a date which has not yet been scheduled. 

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney Robert J. O’Hara 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.

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

# # #

HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dariusz J. Prugar, age 32, of Syracuse, New York, was sentenced today by United States District Court Judge Sylvia H. Rambo in Harrisburg, to 24 months in prison for computer hacking and wire fraud.  In March 2016, a jury convicted Prugar of these offenses after a one-week jury trial.  

Judge Rambo ordered Prugar to pay $26,000 in restitution. Judge Rambo also ordered Prugar to report to the Bureau of Prisons on December 27, 2016, to begin service of his prison sentence.

According to United States Attorney Bruce D. Brandler, Prugar was the network administrator for Pa Online, an internet service provider formerly located in Enola, Pennsylvania.  Prugar was fired by Pa Online in June 2010. Days later, Prugar retaliated against his former employer by secretly hacking into the business’s computer network. 

Prugar installed computer programs throughout the internet service provider’s network, which caused files and directories to be erased and ultimately caused the network to crash.  For approximately a week, Pa Online was unable to provide sustained service to over 5,000 residential customers and over 500 business customers.  He also installed numerous “backdoor” entry points into the network so that he could access the network again.

Over a dozen former employees, outside consultants, and former clients of Pa Online testified about the impact the outage had on them.  Former employees and outside consultants hired by Pa Online testified that the crash caused them to work for days attempting to return service.  Former customers described their inability to access tools essential to their businesses, which resulted in the customers terminating their relationship with Pa Online.  Out of fear that Prugar would re-sabotage the business, the owner of Pa Online testified he had the entire network rebuilt.

This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorneys Michael A. Consiglio and Carl D. Marchioli prosecuted the case.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Myers, age 38, a former resident of Abbottstown, Pennsylvania, was sentenced today by United States District Court Judge Yvette Kane in Harrisburg, to 51 months in federal prison for his participation in a false invoice, kickback scheme that defrauded Utz Quality Foods, Inc. (Utz) out of approximately $1.4 million.

Judge Kane ordered Myers to pay Utz $1.4 million in restitution and to forfeit the same amount to the government.  Judge Kane also ordered Myers to report to the Bureau of Prisons on January 16, 2017.

According to United States Attorney Bruce D. Brandler, Myers, the former Director of Purchasing for Utz and Jonathan Haas, age 46, of Easton, Pennsylvania, the owner of Haas Packaging and Design, Inc. in Bethlehem, Pennsylvania, pleaded guilty in July 2016 to an information charging them with wire fraud.  Haas is scheduled to be sentenced on the charges by Judge Kane on January 12, 2017.

Haas Packaging & Design supplied Utz with shelving and packaging products.  The defendants defrauded Utz between January 2010 and August 2014 by Myers’s preparation of approximately 43 bogus purchase orders and Haas’ submission of approximately 83 false invoices for products Utz never received.  After Myers approved Haas’s false invoices for payment, Haas would kickback a portion of the proceeds to Myers. According to a forensic audit commissioned by Utz, Haas received approximately $1,474,765 from Utz and from that amount Haas paid Myers approximately $651,000. 

Myers and Haas attempted to conceal some of the kickbacks to Myers as payments for fictional consulting services.  The payments were made in the form of checks payable to “Myers Packaging Consulting,” a non-existent, paper company created by Myers.

The case was investigated by the Harrisburg Office of the Federal Bureau of Investigation and Utz Quality Foods, Inc. cooperated with the investigation. Assistant United States Attorney Kim Douglas Daniel prosecuted the case.

# # #