Middle District of Pennsylvania

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Wilkes-Barre man pled guilty yesterday in United States District Court in Scranton, before United States District Judge Malachy E. Mannion, to possession of a firearm in furtherance of heroin trafficking.

According to United States Attorney Peter Smith, Disean Kendricks, age 26, admitted to the charge of possession of a firearm in furtherance of a drug trafficking crime.  Kendricks was indicted by a grand jury in June 2015.

The charges stem from an incident in which investigators served a search warrant at a residence located on Sullivan Street in Wilkes-Barre and seized 45 bags of heroin and two firearms from a bedroom in which Kendricks was sleeping. 

The investigation was conducted by the Wilkes-Barre Police Department and the Bureau of Alcohol, Tobacco and Firearms (ATF).

The case is being 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. 

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

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.

Kendricks faces a mandatory penalty of at least 60 months in prison. 

The maximum penalty under federal law 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.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28 year old New York City resident was sentenced today to 46 months in federal prison by U.S. District Court Judge Robert D. Mariani for selling cocaine and crack cocaine in the Lackawanna and Luzerne County areas.   

According to United States Attorney Peter Smith, the conviction and sentence are the result of an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police into the sale of drugs at various motels in Luzerne and Lackawanna Counties.  On August 28, 2015, Cedrick Johnson pleaded guilty to distributing cocaine and crack on numerous occasions between 2012 and July 2013.

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

This case was prosecuted by Assistant U.S. Attorney John C. Gurganus, Jr.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg indicted Luciano Vasquez-Perez yesterday for illegally re-entering the United States after having been previously deported. 

According to U.S. Attorney Peter Smith, Vasquez-Perez, a 32 year old Guatemalan national, has been deported on two previous occasions.  In July of 2013, he was convicted of improperly entering the United States by the U.S. District Court for Arizona and subsequently deported.  Later that month, he was again found near Nogales, Arizona and deported a second time.        

The matter was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and the case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.   

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 for this offense under federal law is 2 years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Tyson Baker, a 17 year veteran police officer with the Fairview Township Police Department, on charges related to the theft of drug proceeds and efforts to conceal those thefts.

According to United States Attorney Peter Smith, the indictment alleges that Baker, age 41, Etters, stole several thousand dollars of real and suspected drug proceeds in November and December of 2015. Baker then allegedly caused the preparation of false reports in connection with those two thefts to cover up his conduct and obstruct the investigation. Baker was indicted in two counts of the indictment with taking property to prevent its seizure, two counts of obstruction of justice, three counts pertaining to the filing false reports, and one count of theft of government property.   

The indictment alleges that, in November, Baker orchestrated the theft of $2,000 in drug proceeds seized by the Fairview Township Police Department during the search of a residence that had resulted in the seizure of several pounds of marijuana and approximately $15,000.  The Federal Bureau of Investigation (FBI) recorded conversations between Baker and a cooperating individual (CI) regarding the theft. The indictment also alleges that Baker discussed with the CI stopping suspected drug traffickers driving through the township to steal their drug proceeds during traffic stops.

The indictment also alleges that on December 16, 2015 the FBI, with the full cooperation of the Fairview Township Police Department, arranged for a vehicle operated by an undercover FBI agent to be stopped. It is alleged that Baker had the vehicle towed from the scene. It is also alleged that, without first obtaining a search warrant and in spite of directions by the FBI not to search the vehicle, Baker searched the vehicle and stole $3,000 that was concealed in the vehicle that Baker believed were drug proceeds. The grand jury also found that false reports were prepared and filed in connection with both theft incidents.

The case was investigated by the FBI, Harrisburg Resident Office, the Pennsylvania State Police, the Pennsylvania Office of Attorney General, and the Fairview Township Police Department.

Prosecution of the case is assigned to Assistant United States Attorney William A. Behe.

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

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

The maximum penalty under federal law is 20 years on the 4 counts dealing with obstruction and records tampering charges, 5 years on each of the two counts charging removal of property to prevent its seizure, 5 years on the false reports to federal authorities charge, and 10 years on the theft of government property charge. There is also a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28-year-old New Jersey resident pled guilty today before Senior U.S. District Court Judge James M. Munley in Scranton, to distributing heroin in Luzerne County in October 2014.

According to United States Attorney Peter Smith, the defendant, Shaquan Murphy, admitted to traveling from New Jersey to Luzerne County with a co-defendant to distribute 50 bricks of heroin to sub-distributors on October 11, 2014. Murphy acknowledged distributing a total of between 100 grams and 400 grams of heroin, which is approximately equivalent to between 3,300 bags and 13,200 bags, during August-October 2014.

Murphy was indicted by a federal grand jury in Scranton in October 2014, as a result of an investigation by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kingston Police, Plymouth Police and the Luzerne County District Attorney’s Office.

Murphy is the sixth defendant connected to the heroin trafficking operation to plead guilty in the case.

Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for April 28, 2016. Murphy faces up to 20 years in prison and a fine of $1 million.  Murphy was ordered to be detained in prison pending sentencing.

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.

Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

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

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

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania, announced that Timothy H. Albright, age 37, of Lebanon, Pennsylvania, was sentenced today to 12 months in prison by United States District Court Judge John E. Jones, III in Harrisburg for conspiracy to receive bribes while serving in the United States Army at Bagram, Afghanistan.

Judge Jones also ordered the forfeiture of $16,000.  Albright pled guilty in March 2015 to charges filed in a criminal information on March 13, 2015.

According to U.S. Attorney Peter Smith, Albright, a Specialist with the Pennsylvania National Guard, was assigned to the 53rd Joint Movement Control Battalion, 101st Joint Logistics Command, Combined Joint Task Force, with duties at Bagram Airfield in Afghanistan (Bagram).  He served as an E4 (Enlisted Grade 4) in the United States Army at Bagram between January 7, 2008 and October 20, 2008.  In his position at Bagram, Albright, who served as a Commercial Vendor Services Specialist, processed invoices resulting from the provision of supplies by Afghan vendors to restock supplies at the Humanitarian Aid Yard at Bagram.  Albright was responsible for reviewing invoices submitted by Afghan vendors who had been awarded contracts to replenish the Humanitarian Aid Yard.  If the documents were in order, Albright would date-stamp and submit them for payment. 

An Afghan vendor had several million-dollar contracts through his company with the Humanitarian Aid Yard through the Army.  He began to give cash to Albright as a way of thanking him for expeditiously processing his invoices.  As the relationship developed, so did the size of the amounts of cash from the vendor.  Ultimately, Albright received at least $25,000 in cash bribes from the Afghan vendor.

Albright sent the money he received from the Afghan vendor to his home in Lebanon.  He concealed the money in envelopes inserted in boxes filled with DVDs.  Also, Albright told his supervisor at Bagram about the payments and encouraged him to participate in the scheme.  The supervisor did so, and Albright and his supervisor would split up stacks of $100 bills provided by the vendor.

The case was investigated by the Special Inspector General for Afghanistan Reconstruction, United States Army’s Criminal Investigation Division, the Defense Criminal Investigative Service, the Federal Bureau of Investigation, and the Air Force Office of Special Investigation.  The prosecution is being handled by Assistant U.S. Attorney Chelsea Schinnour and Trial Attorneys Daniel Butler and Bob Doherty of the Criminal Division of the U.S. Department of Justice.

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SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 39-year-old Mexican national who resided in Chicago at the time of his arrest pled guilty today before U.S. District Court Judge Robert D. Mariani to participating in a drug conspiracy that was responsible for distributing large quantities of heroin during a four-year time period in Monroe, Carbon, Montgomery, and Berks Counties in Pennsylvania.

According to United States Attorney Peter Smith, the defendant, Romualdo Hermosillo-Avendano, also known as “Flaco,” admitted to distributing more than one kilogram of heroin via courier from Chicago to Pennsylvania during December 2013-January 2014.

Hermosillo-Avendano was indicted by a federal grand jury in March 2014, as a result of an investigation by the Drug Enforcement Administration (DEA), Homeland Security Investigations, the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, Berks County Detectives and Montgomery County Detectives.  Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

Hermosillo-Avendano faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison. He also faces possible deportation as a result of his guilty plea. Judge Mariani ordered a pre-sentence report to be completed. Sentencing is scheduled to take place in April 2016.

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

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jason Mitchell, age 31, Tobyhanna, Pennsylvania, was sentenced yesterday to 21 months’ imprisonment by United States District Court Judge James M. Munley in Scranton for passing counterfeit currency in area casinos.

According to U.S. Attorney Peter Smith, Mitchell was charged in an indictment by a grand jury in November 2014 and pleaded guilty in September 2015 to conspiracy to pass counterfeit United States Federal Reserve Notes.  Mitchell and others conspired to receive, exchange, transfer, and pass approximately $8,500 in counterfeit $100 Federal Reserve Notes at the Mount Airy Casino in Mount Pocono, and the Mohegan Sun Casino in Plains on various dates in June 2014.

Also charged in the indictment with Mitchell are Andrew Turner, age 28, and Michael Turner, age 22, both from Tobyhanna, Pennsylvania.  Both are awaiting trial.

The case was investigated by the United States Secret Service and the Pennsylvania State Police, Bureau of Gaming Enforcement.  Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton indicted Robert Meader, age 31, of Liverpool, New York, yesterday for committing the robbery of the NBT Bank, Route 11, Great Bend, Pennsylvania. 

The Grand Jury indictment alleges that Meader robbed the NBT Bank on October 13, 2015, and took $14,147 in United States Currency.

According to U.S. Attorney Peter Smith, the indictment was unsealed today following the arrest of Meader in New York. Meader appeared before U.S. Magistrate Judge Karoline Mehalchick and was detained pending trial. He is presently being held at the Lackawanna County Jail in Scranton. 

The case was jointly investigated by special agents of the Federal Bureau of Investigation, the Pennsylvania State Police, and the Onondaga County Sheriff’s Office, New York.  Prosecution is assigned to Assistant United States Attorney John Gurganus.

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

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

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

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 40-year-old Texas man was sentenced today to serve 27 months in prison and ordered to forfeit his interest in more than $750,000 in assets for his role in a conspiracy to distribute and possess with intent to distribute alpha-pvp, commonly known as “bath salts,” by U.S. District Court Judge Malachy E. Mannion in Scranton.

According to United States Attorney Peter Smith, the defendant, Thanh Duc Tran, of Houston, Texas, previously pleaded guilty to conspiring with others to distribute alpha-pvp to customers in at least 32 states, including Pennsylvania, over various web sites during 2011 through March 2014.

Thanh Duc Tran was indicted by a federal grand jury in March 2014, as a result of an investigation by Homeland Security Investigations, the Drug Enforcement Administration, United States Postal Inspectors, the Pennsylvania State Police, and West Pittston Police.

Judge Mannion ordered the defendant to forfeit to the government his interest in a residence in Texas valued at approximately $300,000, coins valued at more than $260,000, four bank accounts containing over $200,000, two vehicles, over $7000 in cash and more than $17,000 in uncashed money orders, and two firearms. Tran must also spend three years on supervised release following his prison sentence.

Assistant U.S. Attorney Francis P. Sempa prosecuted the case.           

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 43-year-old Scranton resident was sentenced today to 16 years in prison by U.S. District Court Judge Malachy E. Mannion in Scranton for receiving and distributing child pornography and violating conditions of his supervised release.

According to United States Attorney Peter Smith, the defendant, Marc Accardi, pleaded guilty in June 2015 to the charge that was filed initially in a Criminal Information. Accardi admitted that he used a cell phone to download and distribute images of child pornography during March-May 2015. He also admitted committing the offense while on supervised release in connection with a prior criminal case.

The charge against Accardi resulted from an investigation by the Department of Homeland Security.

Judge Mannion also ordered Accardi to pay $2,200 in restitution to victims of the child pornography offense. Accardi must also serve 10 years on supervised release following his prison sentence, register as a sex offender, undergo sex offender treatment, and comply with sex offender registration requirements.

The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Daleo G. Powell, age 32, of Harrisburg, was convicted yesterday of possession with intent to distribute heroin after a two-day jury trial in Harrisburg before Senior U.S. District Court Judge William W. Caldwell.

According to United States Attorney Peter Smith, the jury returned with the verdict of guilty to the drug trafficking after approximately 3 hours of deliberation.  The charges were the result of an initial investigation by Harrisburg Bureau of Police in December 2014 that resulted in Powell being found in possession of a loaded firearm and nine bundles of heroin on 15th Street in Harrisburg.  The jury acquitted Powell of a related firearms charge.  No sentencing date was set for Powell.

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

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

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

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

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Rodney Robinson, age 30, and Amber Crummitt, age 33, of Boonsboro, Maryland for conspiracy to steal firearms from a federal firearms licensee along with other related charges.    

According to U.S. Attorney Peter Smith, Robinson and Crummitt allegedly drove from Maryland to the Walmart in Waynesboro, Pennsylvania on October 22, 2015.  Robinson entered the store, forced open the gun case, removed five rifles, and left with the rifles in a car driven by Crummitt.  On October 27, 2015, the pair returned to the same store and Robinson again allegedly forced open the gun case removing a rifle and a shotgun; however, this time Robinson left the store without the firearms when an alarm activated.    

The indictment charges Crummitt and Robinson with conspiracy to steal firearms, theft of firearms, transportation of stolen firearms across state lines, possessing and disposing of stolen firearms, and possession of firearms by felons.   

Robinson is currently in custody on unrelated charges. The U.S. Attorney’s Office will request a summons to be issued for Crummitt to appear in federal court in Harrisburg at a designated time.

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

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.

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

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

If convicted of all counts, under federal law, Robinson and Crummitt face respective maximum penalties of 65 and 55 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jerome Lummus, age 37, was sentenced today to 14 years’ imprisonment by Senior United States District Court Judge Edwin M. Kosik in Scranton for assaulting four correctional officers and inflicting bodily injury. 

According to United States Attorney Peter Smith, on August 18, 2015, inmate Jerome Lummus, who was serving a federal prison sentence for drug trafficking, approached a correctional officer in the cafeteria at USP-Canaan and took a sharpened metal knife and stabbed the officer in the upper torso, as well as stabbed three other correctional officers who assisted in subduing Lummus.  As a result of the unprovoked attack, the correctional officers all sustained stab wounds which required medical attention, but did not result in any life threatening injury. 

Lummus pled guilty to the charges prior to his sentencing.  Judge Kosik ordered that the 14-year imprisonment term start after Lummus completed his other sentences.        

Lummus was charged in an indictment in September 2015, as a result of an investigation by the Federal Bureau of Investigation and the Bureau of Prisons.  Assistant United States Attorney John Gurganus prosecuted the case.   

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SCRANTON.  The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton has indicted a man from Wilkes-Barre, Pennsylvania for drug trafficking and firearm offenses.

According to United States Attorney Peter Smith, the indictment charges Thomas Abreu, Jr., age 34, with possessing with intent to distribute heroin on July 26, 2015.  The indictment also charges Abreu, a convicted felon, with possessing three stolen firearms in furtherance of his heroin trafficking activities.

The investigation is being conducted by the Bureau of Alcohol, Tobacco and Firearms Enforcement, and by the Wilkes-Barre Police Department.  The case is being prosecuted by Assistant United States Attorney Phillip J. Caraballo.

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.

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

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

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

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

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 50-year-old Shenandoah resident connected to a large-scale heroin trafficking ring that operated in Schuylkill County during 2012 through September 2015, pleaded guilty today before Senior U.S. District Court Judge James M. Munley in Scranton.

According to United States Attorney Peter Smith, Paul Jadus pleaded guilty to conspiracy to distribute more than 100 grams of heroin. Jadus admitted to distributing heroin and allowing his residence in Shenandoah to be used as a “stash house” to store drugs and money for co-conspirators. Jadus was involved in storing and distributing more than 700 grams of heroin, which is equivalent to more than 23,000 retail bags of heroin,

Jadus was indicted by a federal grand jury in Scranton in September 2015, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and local police in Schuylkill County.

Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for April 15, 2016.  Jadus faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison.

Assistant U.S. Attorney Francis P. Sempa is prosecuting the cases.  

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

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

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Diomedes Rodriguez-Nunez, age 27, of Allentown was charged in a Criminal Information filed January 15, 2016 in federal court in Scranton with conspiracy to make false claims against the government. 

According to United States Attorney Peter Smith, the Information alleges that Rodriguez-Nunez operated Dio Multiservices in Taylor, Pennsylvania, and that co-conspirators of Rodriguez-Nunez used the identities of unknowing third parties to prepare and file fraudulent federal income tax returns.  The Information also alleges that Rodriguez-Nunez deposited and cashed fraudulently obtained tax refund checks totaling more than $100,000 between July and September 2013. 

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

The charge is the result of an ongoing investigation by the Scranton Office of the Internal Revenue Service, Criminal Investigation with assistance from the Pennsylvania State Police, the Hazelton, Taylor, Dickson, Dunmore and Olyphant Police Departments, and the Lackawanna and Luzerne County District Attorneys’ Offices.  The case is assigned to Assistant United States Attorney William Houser for prosecution.

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

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 69-year-old Sayre, Pennsylvania resident was sentenced today to five years in prison by Senior U.S. District Court Judge Richard P. Conaboy in Scranton for possessing child pornography and participating in a wire fraud scheme.

According to United States Attorney Peter Smith, the defendant, Harold Schrader pleaded guilty in January 2015 to charges filed in November 2014. Schrader admitted that he possessed child pornography on a computer in 2012, and participated in a fraud scheme during 2008-2011. The fraud scheme involved using the internet to solicit overseas loans from others totaling more than $200,000.  Those loans were never repaid.

The charges against Schrader resulted from an investigation by the Department of Homeland Security and the Pennsylvania State Police.

Judge Conaboy also ordered Schrader to pay $232,500 in restitution to victims of the fraud scheme. Schrader must also serve five years on supervised release following his prison sentence, register as a sex offender, undergo sex offender treatment, and comply with sex offender registration requirements.

The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.

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

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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a grand jury in Williamsport returned a five-count indictment yesterday charging two Williamsport men with conspiracy to distribute heroin and cocaine, distribution of cocaine, and possession with intent to distribute heroin and cocaine.

According to United States Attorney Peter Smith, the indictment alleges, in or around June 2014, Rasheem Jarbar Ruley, age 24, and Antoine Paris Davis, age 38, conspired to distribute heroin and cocaine to drug users and sellers in Williamsport and distributed and possessed those substances with the intent to distribute on four separate occasions.  The indictment alleges that Ruley and Davis stored heroin and cocaine at their residence on Tinsman Avenue in Williamsport, including a large bag containing over 100 grams of heroin (136 small bags of heroin packaged for sale), 16 bags of cocaine, and digital scales.

This matter was investigated by the Pennsylvania State Police, the Williamsport Bureau of Police, the Lycoming County District Attorney’s Office, and the Federal Bureau of Investigation. This case is being prosecuted by Assistant U.S. Attorney George Rocktashel.

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

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

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

The maximum penalty under federal law is 40 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the sentencing 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 that a Williamsport man was indicted yesterday by a federal grand jury for heroin trafficking and the illegal possession of a firearm.

According to United States Attorney Peter Smith, the grand jury alleges that Braheem Johnson, age 27, engaged in multiple deliveries of heroin in Williamsport in 2015.  A search of Johnson’s apartment in May 2015 uncovered a supply of over 1000 packets of heroin bundled for distribution to others.  Also recovered was an unlicensed .22 caliber handgun which Johnson was prohibited from possessing under Federal law.

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 Office. This case is being prosecuted by Assistant U.S. Attorney Geoffrey MacArthur.

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.

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

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

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

The maximum penalty under federal law is up to life imprisonment, a term of three years 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.

# # #

WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dr. John Terry, age 65, of Wellsboro and Stephen Heffner, Jr., age 46, of Elkland, pleaded guilty today before Chief United States District Court Judge Christopher C. Conner in Williamsport.

In January 2016, a criminal information was filed in U.S. District Court in Scranton against Terry in connection with fraudulent prescriptions he wrote for Oxycodone, a Schedule II controlled substance.

According to U.S. Attorney Peter Smith, in April 2013, Dr. Terry caused Medicare to be billed for fraudulent prescriptions intended for Heffner knowing that Heffner was not his patient and that the Oxycodone was not actually intended for Heffner but for Dr. Terry’s patient, David Hatch, age 28, of Addison, New York.  Medicare paid for the prescription received by Heffner but actually delivered to Hatch.

Dr. Terry also provided prescriptions for Oxycodone and other narcotics to another patient, Thomas Ray, age 52, of Wellsboro, who Terry should have known was not seeking the drugs for legitimate medical purposes.  Medicaid paid for medically unnecessary prescriptions written for Ray.

Heffner and Hatch were charged with theft from the Medicare Program arising out of the same incident in separate criminal informations.  The government also filed a plea agreement with Hatch.  He is scheduled to appear before Chief Judge Conner in Harrisburg to enter a plea of guilty on February 11, 2016.

All three defendants were originally charged together with Ray, in an indictment by a federal grand jury in August 2014.  Ray previously pled guilty before Chief Judge Conner and is scheduled to be sentenced on January 20, 2016. 

Terry and Heffner are scheduled to be sentenced on April 4, 2016 in Williamsport.

The investigation was initiated in June 2013 by the Drug Enforcement Administration (DEA) drug diversion agents and the Department of Health and Human Services Office of Inspector General.  During the execution of a federal search warrant at his office on July 8, 2013, Dr. Terry voluntarily agreed to surrender his medical license and his DEA registration.

The Pennsylvania State Police assisted in the investigation. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.

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

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

The maximum penalty for health care fraud 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.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Paul Biko, age 65, pleaded guilty yesterday to federal tax fraud before Chief United States District Court Judge Christopher C. Conner in Harrisburg.  

According to United States Attorney Peter Smith, in 2008, Biko was the owner of three Harrisburg businesses: Clearview of Harrisburg, Clearview Landscaping and Clearview Builders.  As owner, Biko controlled the financial affairs of the three companies including all business bank accounts.  For the fourth quarter of 2008, Biko’s companies withheld employment taxes from employees but failed to pay to the IRS the federal income taxes and Federal Insurance Contributions Act (FICA) taxes due to the United States. The government’s estimate of the loss is approximately $674,969.

Biko is scheduled to be sentenced in April 2016. 

Biko was charged in an indictment in April 2014.  Charges are still pending against Maura Mia Whetsel, age 31, of Harrisburg, the firms’ former Director of Finance and bookkeeper.

The investigation was conducted by the Internal Revenue Service Criminal Investigations.  Prosecution was handled 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.

The maximum penalty under federal law is 5 years of imprisonment, a term of supervised release following imprisonment, and a $10,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.]

# # #

HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced that tax evasion charges were filed yesterday against the owners of a cemetery business in Pennsylvania and Ohio.

According to U.S. Attorney Peter Smith, Theodore Martin, age 51, and his wife, Arminda Martin, age 44, of Ravenna, Ohio, operated three cemeteries, including Suburban Memorial Gardens in Dover, Pennsylvania, and Grandview Memorial Park and Fairview Memorial Park in Ohio.  The Martins failed to report to the IRS all the income they received from the operations of the cemeteries located in Ohio. The Martins formerly resided in York County, Pennsylvania.

The investigation was conducted by the Internal Revenue Service, Criminal Investigations, and is assigned to Assistant U.S. 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.

The maximum penalty under federal law 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 that a Monroe County man connected to a heroin trafficking ring that operated in Monroe County and elsewhere during 2012 through March 2015, pleaded guilty today before Senior U.S. District Court Judge James M. Munley in Scranton.

According to United States Attorney Peter Smith, William Young, age 36, pleaded guilty to conspiracy to distribute heroin and cocaine. Young admitted to traveling to New Jersey on several occasions to obtain a total of more than 80 grams of heroin, which is equivalent to approximately 2600 retail bags of heroin, for distribution to others in the Monroe County area.

Young was indicted by a federal grand jury in Scranton in March 2015, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and local police in Monroe County.

Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for April 12, 2016.  Young faces a potential maximum sentence of 20 years in prison.

Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.  

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

Indictments 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 a grand jury in Harrisburg indicted eight men yesterday for possessing, distributing, and conspiring to possess and distribute substantial amounts of heroin.

According to United States Attorney Peter Smith, the indictment charges:

• Jose Perez Delgado, age 32;

• Addan Brito Torres, age 28;

• Yovelin Mendez Marte, age 36;

• Rashawn Spriggs, age 28;

• Deajon Spriggs, age 18;

• Joshua Baker, age 19, all of Chambersburg;

• Brandon Morant, age 26, and

• Jerthione Bell, age 28, both of Lancaster

with distributing more than 100 grams of heroin and conspiring to distribute more than 1,000 grams of heroin from October 1, 2015 to January 7, 2016 in Chambersburg, Franklin County and elsewhere.

The indictment was unsealed following the arrests of Bell and Morant yesterday. Delgado, Brito-Torres and Marte were arrested on Friday, January 8, 2016. Rashawn Spriggs, Deajon Spriggs and Joshua Baker were arrested last week on local charges related to the federal indictment and will appear in federal court for arraignment on January 20, 2016. All defendants are in custody.

The investigation is being conducted by the Drug Enforcement Administration and the Franklin County Drug Task Force.  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.

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

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

The maximum penalty under federal law is life imprisonment with a mandatory minimum 10 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 that a York, Pennsylvania man was sentenced to 15 years in prison today by U.S. District Court Senior Judge Sylvia H. Rambo, for possessing a firearm.

According to United States Attorney Peter Smith, Charles Swan, age 35, was indicted by a federal grand jury in Harrisburg in April of 2013 and pleaded guilty to possession of a firearm by a felon in May 2014.  Swan was arrested on July 12, 2012, by York City Police officers after a brief foot pursuit. During the chase, Swan threw a .40 caliber pistol onto a nearby building, which police ultimately recovered. 

At the time that he possessed the gun, Swan had previously been convicted three times by local authorities for drug trafficking.  Federal law requires that a convicted felon who possesses a firearm -- with three or more prior convictions for drug trafficking or crimes of violence -- receive a sentence of at least 15 years in prison.

Judge Rambo also ordered that Swan pay a fine of $1,600, and that upon his release from prison, he serve three years of supervised release under the supervision of the United States Office of Probation.

The prosecution was the result of an investigation by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the York City Police.  The case was prosecuted by Assistant United States Attorney Michael A. Consiglio.

This case is part of the Violent Crime Reduction Partnership (“VCRP”), a districtwide 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.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that two Shenandoah residents connected to a large-scale heroin trafficking ring that operated in Schuylkill County during 2012 through September 2015, pleaded guilty today before Senior U.S. District Court Judge James M. Munley in Scranton.

According to United States Attorney Peter Smith, Rhashean Strange, age 30, who used the street name “Chicago,” pleaded guilty to conspiracy to distribute more than one kilogram of heroin. Strange admitted to being a leader and manager of the drug conspiracy, and to possessing a firearm in connection with the conspiracy.

In a separate proceeding, Carlos Correa, age 27, pleaded guilty to conspiracy to distribute more than 100 grams of heroin. Correa also admitted to possessing a firearm in connection with the drug conspiracy.

Strange and Correa were indicted by a federal grand jury in Scranton in September 2015, as a result of an investigation by agents of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, and local police in Schuylkill County.

Judge Munley in each case ordered a presentence investigation to be completed, and scheduled sentencing for Strange on April 15, 2016, and for Correa on April 14, 2016. Strange faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison. Correa faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison.

Assistant U.S. Attorney Francis P. Sempa is prosecuting the cases.  

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

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.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a citizen of the Dominican Republic who reentered the United States after being deported and resided in Luzerne County, was sentenced to 78 months in prison today by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for distributing large quantities of heroin in the summer of 2014, and illegally reentering the country.

According to United States Attorney Peter Smith, the defendant, Edwin Guerrero-Guerrero, age 35, who resided in Hazleton under a false name and identity, pleaded guilty to the charges on September 15, 2015. Guerrero-Guerrero admitted to distributing and possessing with intent to distribute in excess of 500 grams of heroin, which is the equivalent of approximately 17,000 retail bags of heroin, after he had illegally reentered the United States.

Guerrero-Guerrero was charged in a criminal Information in August 2015, as a result of an investigation by agents of the Federal Bureau of Investigation (FBI), immigration enforcement agents with the Department of Homeland Security, and Scranton Police.

Judge Conaboy also ordered Guerrero-Guerrero to be placed on four years of supervised release following his prison sentence. Guerrero-Guerrero also faces possible deportation.

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.  

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 27-year-old Carbondale man pleaded guilty today before U.S. Magistrate Judge Karoline Mehalchick to using a computer to download child pornography from an internet website.

According to United States Attorney Peter Smith, the defendant, Edward Jeter, admitted to committing the offense between November 2014 and August 2015. Agents found more than 90 videos and more than 2,100 images of child pornography on Jeter’s computer, including images of children between the ages of 3 and 14.

Jeter was charged in a Criminal Information filed in November 2015, as a result of a nationwide investigation by the Federal Bureau of Investigation.

Judge Mehalchick ordered a pre-sentence investigation to be completed. Senior U.S. District Court Judge Richard P. Conaboy will schedule a date for sentence.  Jeter faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison.

Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

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

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

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

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 federal grand jury in Harrisburg indicted four South Central PA and Maryland residents on December 16, 2015 on charges of distributing and possessing with the intent to distribute heroin, cocaine, and hydrocodone and for possessing handguns in furtherance of those crimes.

According to United States Attorney Peter Smith, Angel Moorman, 36, Waynesboro, Joseph Tyeryar, 33, Frederick, MD, Chad King, 31, Sharpsburg, MD, and Susan Callahan, 36, Waynesboro, were charged with possessing cocaine and oxycodone with the intent to distribute and conspiracy to do the same in the Waynesboro area. Moorman and Callahan were also charged with possession of heroin with the intent to distribute it. Moorman was charged in a separate count with possessing four handguns in furtherance of his drug trafficking activity. The indictment alleges that this activity occurred from June 2015 up to and including October 14, 2014.

The indictment remained under seal until yesterday to allow investigators to locate and arrest the defendants.  Tyeryar, King and Callahan were arrested on January 7, 2016 and Moorman was arrested in October on local charges.  The defendants were arraigned by U.S. Magistrate Chief Judge Martin C. Carlson in Harrisburg.  Moorman remains in custody at Franklin County Prison.  Defendants are currently scheduled for trial on March 9, 2016 before U.S. District Court Judge John E. Jones, III.    

The case was investigated by the Franklin County Drug Task Force, the Frederick County MD Narcotics Unit and Homeland Security Investigations. Prosecution of the case has been assigned to Assistant United States Attorney William A. Behe.

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 40 years on the drug charges with a mandatory 5 year minimum sentence. Each firearm count is punishable by up to life imprisonment and a mandatory consecutive 5 year term of imprisonment. There is also 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 it has entered into a Consent Decree with former chiropractor Kurt Bauer, age 62, of York, PA, to resolve a suit the United States filed alleging that Bauer remained involved in the management of a Medicare provider’s business despite his exclusion by the U.S. Department of Health and Human Services, in violation of the False Claims Act. 

United States Attorney Peter Smith announced today that the resolution was accepted by U.S. District Court Chief Judge Christopher C. Conner. 

The civil Complaint filed by the United States alleged that Bauer was the former owner of Leader Heights Healthcare, a York County-based chiropractic and primary care provider that accepted Medicare patients.  The U.S. Department of Health and Human Services (HHS) excluded Bauer from participating in federal health care programs in 2008, which had the practical effect of precluding his employment at Leader Heights in any capacity. 

Despite the exclusion and after falsely informing Medicare that he had “[r]etired,” Bauer allegedly retained ownership of Leader Heights until 2009 and continued to be involved in the management and administration of Leader Heights until he learned of the government’s investigation in 2013.  During this period of time, Leader Heights allegedly submitted thousands of claims to Medicare for reimbursement for several million dollars.  The government contends that, because of Bauer’s involvement in the management and administration of Leader Heights during his exclusion, Bauer knowingly caused the submission of false claims to Medicare that improperly sought reimbursement for the services he provided.

The Consent Decree resolves the allegations in the Complaint, and requires Bauer to:

• Make payments over the next five years to the United States totaling approximately $30,000.

• Consent to a renewed exclusion from federal health care programs for the next 25 years.

• Make bi-annual certifications to the U.S. Attorney’s Office for the next 5 years, under penalty of perjury, certifying that he is complying with his renewed exclusion and the pertinent guidance from HHS.

This matter was investigated by the U.S. Department of Health and Human Services’ Office of Inspector General and the Health Care Fraud Unit of the U.S. Attorney’s Office.  The matter was handled by Assistant U.S. Attorney Anthony Scicchitano for the U.S. Attorney’s Office.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania and the Office of Export Enforcement of the United States Department of Commerce announced that FIMCO, an Iranian corporation, was sentenced today to pay a $100,000 criminal fine by United States District Court Judge Yvette Kane in Harrisburg for conspiracy to evade export licensing requirements. 

The conspiracy was in connection with an attempt to smuggle to Iran a machine with possible military as well as civilian applications.

According to U.S. Attorney Peter Smith, in December 2012, a federal grand jury in Harrisburg charged FIMCO in a sealed indictment made public in July 2015.  In April 2014, an American company, Hetran, Inc., an engineering and manufacturing corporation in Orwigsburg, Schuylkill County, Pennsylvania, and its President, Helmut Oertmann, were charged with participating in the conspiracy.  A guilty plea was entered on behalf of the corporation in July 2015 before United States Magistrate Judge Susan E. Schwab.

Hetran manufactured a large horizontal lathe, also described as a bar peeling machine (“peeler”), valued at more than $800,000 and weighing in excess of 50,000 pounds.  The machine is used in the production of high grade steel for the manufacture of automobile and aircraft parts.

Under U.S. law and regulations, American companies are forbidden to ship “dual use” items (items with civilian as well as military or proliferation applications), such as the peeler, to Iran without first obtaining a license from the U.S. Government.  Aware that it was unlikely that such a license would be granted, FIMCO, which does business in Dubai, United Arab Emirates, and other alleged co-conspirators agreed to falsely state on the shipping documents that the end-user of the peeler was Crescent International Trade and Services FZE (Crescent), an affiliated company, knowing that the machine would subsequently be shipped to Iran after being off-loaded in Dubai.

In June 2012, Hetran caused the peeling machine to be shipped from Pennsylvania to Dubai in the United Arab Emirates, fraudulently listing Crescent as the end-user, knowing that the shipment was ultimately being sent by FIMCO to Iran in violation of federal law.  The Office of Export Enforcement, Bureau of Industry and Security (BIS), U.S. Department of Commerce detected the shipment and ordered that it be re-delivered to the United States. The seizure of key shipping documents, emails and correspondence from Hetran to Iran revealed the scheme, and was critical to the success of the case, and to shutting down the contemplated shipment.

As part of its plea agreement with the United States, FIMCO agreed that the government would recommend a criminal fine. The company also has agreed under a settlement with BIS to pay a $837,500 civil penalty to the U.S. Department of Commerce, of which it paid $587,500 out-of-pocket, with the remaining $250,000 suspended for two years. The suspended portion of the civil penalty will be waived thereafter so long as FIMCO complies with the terms of the plea agreement and any criminal sentence and satisfies certain additional conditions.  FIMCO will also be made subject to a two-year suspended denial of its export privileges. 

"The penalty imposed today, together with the six-figure administrative penalty being paid by FIMCO to the Department of Commerce, reflects the seriousness of the violation, said Under Secretary of Commerce Eric L. Hirschhorn.  The Office of Export Enforcement will continue to pursue and fully prosecute those who violate our export control laws and threaten our national security."

During the investigation by the Department of Commerce’s Bureau of Industry and Security (BIS), FIMCO and Crescent were placed on BIS’s Entity list in August 2014.  The Entity List identifies foreign parties that are prohibited from receiving listed items unless the exporter secures a license. Those persons present a greater risk of diversion to weapons of mass destruction (WMD) programs, terrorism, or other activities contrary to U.S. national security or foreign policy interests. By publicly listing such persons, the Entity List serves as an important tool to prevent unauthorized trade in such items.

In December 2014, Helmut Oertmann and Hetran were sentenced by Judge Kane to 12 months’ probation; Oertmann and Hetran were ordered as part of a settlement with BIS to pay a penalty of $837,500 with $337,500 of that amount paid out-of-pocket and the remainder conditionally suspended, which penalty Judge Kane adopted as to Oertmann and Hetran. The other indicted company, Crescent International Trade and Services FZE, and the three Iranian individuals who served as officers of FIMCO, Khosrow Kasraei, Reza Ghoreishi, and Mujahid Ali, are presently fugitives.   

The case was investigated by the New York Field Office of the Office of Export Enforcement, Bureau of Industry and Security, Department of Commerce.  The Department of Commerce’s Office of the Chief Counsel for Industry and Security handled the civil proceedings.  The prosecution was handled by Assistant U.S. Attorney Christy H. Fawcett and was overseen by the National Security Division of the U.S. Department of Justice.

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that an Orange, New Jersey man was sentenced to five years in prison today by Senior U.S. District Court Judge James M. Munley in Scranton, for participating in a heroin trafficking conspiracy that operated in Luzerne County during February through October 2014.

According to United States Attorney Peter Smith, the defendant, Antuan Jamison, age 36, previously pleaded guilty to conspiring with others from Luzerne County, New Jersey, and Alabama, to distribute heroin to customers in the Luzerne County area. Agents seized more than 250 bags of heroin from Jamison and several associates in October 2014, and Jamison admitted to distributing between 100 and 400 grams of heroin, which is equivalent to approximately 3500 to 14,000 bags of heroin, to sub-distributors in Luzerne County.

Jamison was indicted by a federal grand jury in Scranton in October 2014, as a result of an investigation by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kingston Police, Plymouth Police and the Luzerne County District Attorney’s Office.

Judge Munley also ordered Jamison to forfeit his interest in more than $7000 in cash and a vehicle seized during the investigation. Jamison was ordered to be placed on three years of supervised release following his prison sentence.

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.             

# # #

SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Luzerne County man was sentenced to 151  months in prison on Monday by Senior U.S. District Court Judge James M. Munley in Scranton, for participating in a heroin trafficking conspiracy that operated in Luzerne County during February through October 2014.

According to United States Attorney Peter Smith, the defendant, Shaliek Stroman, age 32, of Edwardsville, previously pleaded guilty to conspiring with others from Luzerne County, New Jersey, and Alabama, to distribute heroin to customers in the Luzerne County area. Stroman admitted to distributing more than 1500 bags of heroin, and was sentenced as a “career offender” under the federal sentencing guidelines due to multiple prior drug trafficking convictions.

In imposing the sentence, Judge Munley called Stroman a “recidivist heroin dealer” who must be held accountable for repeatedly distributing heroin during the past ten years.

Stroman was indicted by a federal grand jury sitting in Scranton in October 2014, as a result of an investigation by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kingston Police, Plymouth Police and the Luzerne County District Attorney’s Office.

Judge Munley also ordered Stroman to forfeit his interest in more than $7000 in cash and a vehicle seized during the investigation. Stroman was ordered to be placed on three years of supervised release following his prison sentence.

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.  

# # #

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a criminal information has been filed in U.S. District Court in Scranton against Dr. John Terry, age 65, of Wellsboro, in connection with fraudulent prescriptions he wrote for Oxycodone, a Schedule II controlled substance.

According to U.S. Attorney Peter Smith, in April 2013, Dr. Terry allegedly caused Medicare to be billed for fraudulent prescriptions intended for Stephen Heffner, Jr., age 46, of Elkland, knowing that Heffner was not his patient and that the Oxycodone was not actually intended for Heffner but for Dr. Terry’s patient, David Hatch, age 28, of Addison, New York.  Medicare paid for the prescription received by Heffner but actually delivered to Hatch.

Additionally, it is alleged that Dr. Terry provided prescriptions for quantities of Oxycodone and other narcotics to another patient, Thomas Ray, age 52, of Wellsboro, who he should have known was not seeking the drugs for legitimate medical purposes.  Medicaid paid for medically unnecessary prescriptions written for Ray.

Heffner and Hatch were charged today with theft from the Medicare Program arising out of the same incident in separate criminal informations.  The government also filed plea agreements with Terry, Hatch and Heppner. The agreements are subject to the approval of the court.

All three defendants were originally charged in an indictment together with Ray by a federal grand jury in August 2014.  Ray previously pled guilty before U.S. District Court Chief Judge Christopher C. Conner and is scheduled to be sentenced on January 20, 2016. 

The investigation was initiated in June 2013 by the Drug Enforcement Administration (DEA) drug diversion agents and the Department of Health and Human Services Office of Inspector General.  During the execution of a federal search warrant at his office on July 8, 2013, Dr. Terry voluntarily agreed to surrender his medical license and his DEA registration.

The Pennsylvania State Police assisted in the investigation. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.

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

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

The maximum penalty for health care fraud 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.

# # #

WILLIAMSPORT -The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert J. Elder, a resident of Bellefonte, Pennsylvania was charged today with Possession of child pornography in a Criminal Information filed in the U.S. District Court in Williamsport.

According to United States Attorney Peter Smith, Elder, age 39, allegedly committed the offense in August 2014 at his residence in Bellefonte.   

The government is also seeking forfeiture of a computer, tapes, DVDs, hard drives and discs seized during the search of Elder’s residence.  The government filed a plea agreement with the defendant which is subject to the approval of the court.

The investigation was conducted by the United States Postal Service as part of an investigation of a child pornography website.  Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute 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.

In this case, the maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine of $250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal charge was filed today in U.S. District Court in Harrisburg against Angel Luis Carrasco-Rivera for fraudulently obtaining unemployment benefits. 

According to U.S. Attorney Peter Smith, Carrasco-Rivera, age 54, of Lancaster, was charged in a Criminal Information with mail fraud.  The charge stems from Carrasco-Rivera filing claims for unemployment compensation benefits from 2008 through late 2012 with the Pennsylvania Department of Labor and Industry in Harrisburg. Carrasco-Rivera allegedly knew he was not entitled to those benefits because he was employed full time when he applied for and received them.  Carrasco-Rivera allegedly obtained more than $102,000 in benefits to which he was not entitled during that four-year period.

The government also filed a plea agreement that calls for Carrasco-Rivera to plead guilty and also pay back the more than $102,000 he illegally obtained.  The plea agreement is subject to the approval of the court.

This matter was investigated by the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, with assistance from the Pennsylvania Department of Labor and Industry, Internal Audits Division.  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 is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an Indictment was returned by a grand jury in Scranton on December 15, 2015 indicting the former manager of the Dunmore Office of a pipeline company on charges that he defrauded his employer of $300,000 with wire fraud and aggravated identity theft. 

Kevin L. Reese, age 27, a resident of Little Rock, Arkansas, is alleged to have defrauded Sheehan Pipe Line and Construction Company through a fraudulent payroll check scheme.

According to United States Attorney Peter Smith, the Indictment, which was unsealed today following Reese’s arrest, alleges that while managing a field office in Dunmore, Reese created and generated fraudulent payroll checks for Sheehan employees for time periods that began either before or after the employees worked for Sheehan.  Reese allegedly created the payroll checks by unlawfully using the names of Sheehan employees, forged their names to the checks and used the money for his own personal gain. The scheme began in November 2014 and continued through August 2015 until the company discovered the fraud, conducted its own investigation and fired Reese.

Sheehan Pipe Line, which has its main office in Tulsa, Oklahoma, Reese was an office manager for the company from 2012 to 2015.  His duties included oversight of company projects in the Scranton area and management of payroll. The fraudulent checks were allegedly cashed by Reese at an on site check cashing service set up by the company.

The investigation was conducted by the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorney Michelle Olshefski.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.  In this case, the maximum penalty under the federal statute for wire fraud is 20 years imprisonment and a $250,000 fine on each count.  The maximum penalty under the federal statute for aggravated identity theft is 2 years imprisonment consecutive to the predicate crime, and a $250,000 fine.

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

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jalil Ibn Ameer Aziz, 19, a U.S. citizen and resident of Harrisburg, was indicted by a federal grand jury in Scranton on charges of conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL).  His detention hearing and arraignment is scheduled for 3:00 p.m. in Harrisburg on December 23, 2015 before United States Chief Magistrate Judge Martin C. Carlson. 

According to U.S. Attorney Peter Smith, the Indictment alleges that from July 2014 to December 17, 2015, Aziz knowingly conspired to provide, and attempted to provide, material support and resources, including personnel and services, to ISIL, a designated foreign terrorist organization.

Aziz was initially charged WITH THE SAME OFFENSES in a detailed criminal complaint unsealed on December 17, 2015 following his arrest.  According to the complaint, Aziz used at least 57 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIL propaganda and espouse pro-ISIL views.  Aziz allegedly posted a hyperlink containing the names, addresses, and other identifying information of 100 reported members of the U.S. Military and calls for violence against them.  On at least three occasions, Aziz allegedly used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL.  In one instance, Aziz allegedly acted as an intermediary between a person in Turkey and several well-known members of ISIL. 

According to the allegations in the complaint, Aziz passed location information, including maps and a telephone number, between these ISIL supporters and a search of a backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified kitchen knife, a thumb drive, medication, and a balaclava (ski mask).

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

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

The maximum penalty provided in the statute is 20 years imprisonment and a $250,000 fine. If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, and the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

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 17 year veteran police officer with the Fairview Township Police Department was arrested today by federal authorities on corruption charges.  

According to United States Attorney Peter Smith, Officer Tyson Baker, age 41, Etters, was charged in a criminal complaint with violations of federal law relating to his conduct as a police officer.

In the complaint, the Federal Bureau of Investigation charged Baker with stealing money from drug traffickers who had been arrested, the subject of police traffic stops, or both.  The specific federal statute is the Hobbs Act, which prohibits interfering with interstate commerce by force, violence or intimidation. Baker was also charged with removing evidence that was subject to seizure and providing false information to federal authorities.

The complaint also charges that, in November, Baker orchestrated the theft of $2,000 in drug proceeds seized by the Fairview Township Police Department during a search of a residence that had resulted in the seizure of several pounds of marijuana and approximately $14,000.  The FBI recorded conversations with Baker allegedly regarding the theft. The criminal complaint also alleges that Baker discussed robbing drug traffickers of drug proceeds during traffic stops.

According to the complaint, on December 16, 2015 the FBI, with the full cooperation of the Fairview Township Police Department, arranged for a vehicle operated by an undercover FBI agent to be stopped. It is alleged that Baker had the vehicle towed from the scene and, without a warrant and in spite of directions not to search the vehicle, allegedly searched the vehicle and stole $3,000 concealed in the vehicle.

The case is being investigated by the Federal Bureau of Investigation, Harrisburg Resident Office, the Pennsylvania State Police, the Pennsylvania Office of Attorney General, and the Fairview Township Police Department.

Prosecution of the case is assigned to Assistant United States Attorney William A. Behe.

Baker’s initial appearance is scheduled for 3:00 p.m. before Chief U.S. Magistrate Judge Martin C. Carlson in Harrisburg

Criminal complaints, like 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 20 years on the Hobbs Act charge, and 5 years on each of the two other counts of the complaint. There is also 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 yesterday a federal Grand Jury in Harrisburg charged Jeshua Paonessa-Velez, age 24, a York City resident with bank fraud and identity theft.  Paonessa-Velez is not in custody.

According to U.S. Attorney Peter Smith, the indictment charges that between November 1 and November 7, 2014, Paonessa-Velez devised a scheme to obtain money from Adams County National Bank by placing a “skimming” device on one of the bank’s ATMs, capturing identification information of bank customers using that ATM, loading that information onto access devices, and making purchases with those access devices. 

The indictment also charges Paonessa-Velez with 12 counts of aggravated identity theft for stealing the means of identification of 12 of the bank’s customers.

This matter was investigated by the Harrisburg Resident Office of the United States Secret Service and the Southwestern Regional (York County) Police Department.  Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.

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

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

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

The maximum penalty under federal law for the bank fraud offense is 30 years of imprisonment, a term of supervised release following imprisonment, and a fine.  The penalty for aggravated identity theft is 2 years of imprisonment consecutive to any sentence imposed for the underlying bank fraud offense.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Luis Martinez-Gomez, age 29, Alexis Alvarado-Diaz, age 20, and Santos Aguilar-De Leon, age 30, natives and citizens of Mexico, were indicted separately yesterday by a federal grand jury in Harrisburg on illegal re-entry charges.

According to United States Attorney Peter Smith, Martinez-Gomez is charged with  illegal re-entry into the United States by a previously deported alien.  Martinez-Gomez was previously convicted of the same felony offense in New York – illegal re-entry by a deported alien – and removed from the United States in 2014. That conviction and removal followed another removal in 2008.

Alvarado-Diaz is charged with illegal re-entry into the United States by a previously deported alien. He was previously convicted of the same felony offense in New Mexico – illegal re-entry by a deported alien – and removed from the United States in 2014.

Both cases were investigated by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.

Aguilar-De Leon is charged with illegal re-entry into the United States by a previously deported alien.  He was deported on three previous occasions.  Aguilar-De Leon was deported from Harrisburg in 2010, from Tucson Arizona in 2010, and again from Harrisburg in 2014.  He was also previously convicted of improperly entering the United States in 2010 and again for re-entering the United States after having been previously deported in 2014.   

The matter was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and the case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.  

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

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

The maximum penalty under federal law is 10 years 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 a federal grand jury in Harrisburg has indicted three men, two for distributing heroin and crack cocaine in York that led to the death of a York City man and a third man for operating and maintaining a home in York for purposes of facilitating drug trafficking.

According to United States Attorney Peter Smith, Dameon Lattimore, age 39, of Harrisburg, York and New York, Yushonda Durant, age 40, of York and New York, and Frederick Gladfelter, age 46, of York, were charged in an indictment by a federal grand jury in Harrisburg in November 2015.

Lattimore and Durant were charged with distributing heroin and crack cocaine and conspiracy, they were also charged with the unlawful distribution of heroin and crack cocaine on January 21, 2015 that allegedly caused the death of an individual. Gladfelter was charged separately for allowing his home on Harding Court, York to be used by Lattimore and Durant for unlawful use and distribution of controlled substances.

The indictment remained under seal until yesterday to allow investigators to locate and arrest the defendants. Lattimore was arrested on December 15 in New York City by the United States Marshals. Gladfelter was arrested by the United States Marshals on December 16th   in York. Durant 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 and is assigned to Assistant U.S. Attorney William A. Behe.

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

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

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

# # #

A Harrisburg, Pennsylvania, resident was arrested today on charges of conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL).  Jalil Ibn Ameer Aziz, 19, a U.S. citizen, is charged in a two-count criminal complaint that was unsealed today in the U.S. District Court for the Middle District of Pennsylvania following his arrest.  His initial appearance will be at 4:30 p.m. EST in Harrisburg.  

The arrest was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Peter J. Smith of the Middle District of Pennsylvania and Special Agent in Charge William F. Sweeney Jr. of the FBI’s Philadelphia Division.

“According to the allegations in the complaint, Jalil Ibn Ameer Aziz conspired to provide and attempted to provide material support to ISIL by propagating their hateful rhetoric on social media and aiding individuals in their pursuit of traveling overseas to join the designated foreign terrorist organization,” said Assistant Attorney General Carlin.  “A prior physical search of Aziz’s residence also revealed a tactical-style backpack in his closet, which contained high-capacity weapons magazines, ammunition, a knife, and other survival items.  The National Security Division’s highest priority is counterterrorism, and we will remain vigilant in our efforts to hold accountable any and all those who seek to provide material support to terrorists, and to disrupt potential attacks in the United States before they happen.”

“The charges in this case focus on Aziz’s efforts to assist persons seeking to travel to and fight for the Islamic State,” said U.S. Attorney Smith.  “These charges are a testament to the perseverance and dedication of those who stand watch over our nation and a clear message that those who support terrorism – will face justice.”

“The FBI’s Joint Terrorism Task Force (JTTF) will move with speed to detect and disrupt those who are involved in facilitation or operational planning in support of a terrorist organization.  There is no difference between the two, and we will aggressively pursue every threat in order to protect our communities,” said Special Agent in Charge Sweeney.  “In this instance, Aziz operated quietly on behalf of the Islamic State and facilitated others looking to do the same.”  Sweeney extended his appreciation to the Harrisburg-based members of FBI Philadelphia’s JTTF, and he encouraged anyone with concerns about suspicious behavior to contact appropriate authorities.

According to the complaint, Aziz has used at least 57 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIL propaganda and espouse pro-ISIL views.  Aziz is alleged to have posted a hyperlink containing the names, addresses and other identifying information of 100 reported members of the U.S. military and calls for violence against them.  Additionally, on at least three occasions, Aziz also allegedly used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL.  In one instance, Aziz allegedly acted as an intermediary between a person in Turkey and several well-known members of ISIL.  According to the allegations in the complaint, Aziz passed location information, including maps and a telephone number, between these ISIL supporters.

A prior search of a backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified kitchen knife, a thumb drive, medication and a balaclava.

A criminal complaint is only a charge is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendants’ sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, and the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The case is being investigated by the FBI’s Philadelphia JTTF.  This case is being prosecuted by Trial Attorneys Robert Sander and Adam L. Small of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Daryl Bloom of the Middle District of Pennsylvania.

Aziz Complaint

HARRISBURG - A Harrisburg, Pennsylvania, resident was arrested today on charges of conspiring and attempting to provide material support to the Islamic State of Iraq and the Levant (ISIL).  Jalil Ibn Ameer Aziz, 19, a U.S. citizen, is charged in a two-count criminal complaint that was unsealed today in the U.S. District Court for the Middle District of Pennsylvania following his arrest.  His initial appearance will be at 4:30 p.m. in Harrisburg. 

The arrest was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Peter J. Smith of the Middle District of Pennsylvania and Special Agent in Charge William F. Sweeney Jr. of the FBI’s Philadelphia Division.

“According to the allegations in the complaint, Jalil Ibn Ameer Aziz conspired to provide and attempted to provide material support to ISIL by propagating their hateful rhetoric on social media and aiding individuals in their pursuit of traveling overseas to join the designated foreign terrorist organization,” said Assistant Attorney General Carlin.  “A prior physical search of Aziz’s residence also revealed a tactical-style backpack in his closet, which contained high-capacity weapons magazines, ammunition, a knife and other survival items.  The National Security Division’s highest priority is counterterrorism, and we will remain vigilant in our efforts to hold accountable any and all those who seek to provide material support to terrorists, and to disrupt potential attacks in the United States before they happen.”

“The charges in this case focus on Aziz’s efforts to assist persons seeking to travel to and fight for the Islamic State,” said U.S. Attorney Smith.  “These charges are a testament to the perseverance and dedication of those who stand watch over our nation and a clear message that those who support terrorism – will face justice.”

“The FBI’s Joint Terrorism Task Force (JTTF) will move with speed to detect and disrupt those who are involved in facilitation or operational planning in support of a terrorist organization.  There is no difference between the two, and we will aggressively pursue every threat in order to protect our communities,” said Special Agent in Charge Sweeney.  “In this instance, Aziz operated quietly on behalf of the Islamic State and facilitated others looking to do the same.”  Sweeney extended his appreciation to the Harrisburg-based members of FBI Philadelphia’s JTTF, and he encouraged anyone with concerns about suspicious behavior to contact appropriate authorities.

According to the complaint, Aziz has used at least 57 different Twitter accounts to advocate violence against the United States and its citizens, to disseminate ISIL propaganda and espouse pro-ISIL views.  Aziz is alleged to have posted a hyperlink containing the names, addresses, and other identifying information of 100 reported members of the U.S. Military and calls for violence against them.  Additionally, on at least three occasions, Aziz allegedly used his Twitter accounts and other electronic communication services to assist persons seeking to travel to and fight for ISIL.  In one instance, Aziz allegedly acted as an intermediary between a person in Turkey and several well-known members of ISIL.  According to the allegations in the complaint, Aziz passed location information, including maps and a telephone number, between these ISIL supporters.

A prior search of a backpack located in Aziz’s closet identified five loaded M4-style high-capacity magazines, a modified kitchen knife, a thumb drive, medication, and a balaclava.

A criminal complaint is only a charge is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendants’ sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, and the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The case is being investigated by the FBI’s JTTF, which includes the Pentagon Force Protection Agency and the Pennsylvania State Police, with assistance from the Harrisburg Bureau of Police. This case is being prosecuted Assistant United States Attorney Daryl F. Bloom and by trial Attorneys Robert Sander and Adam L. Small of the National Security Division’s Counterterrorism Section.

# # #

Statement of U.S. Attorney Peter Smith

The Aziz case will proceed in federal court in accordance with the law. 

The announcement of the charges in this case, as well as in any other terrorism case, must not cause us to give in to fear or unreasonable anger.

Every day, thousands of law-abiding Muslims in Central Pennsylvania work, raise families, attend school, shop, travel and associate with their neighbors and communities peacefully, while at the same time observing their own religious beliefs and ethnic heritage.

The acts and doctrines of violent and delusional terrorists must not become an excuse for hasty or emotional acts of hostility, bigotry or violence in our own society.  Such actions only serve the interests of the terrorists and violent extremists – they are part of what they want to achieve.

Violations of civil rights, hate crimes, and threats against individuals, Muslim communities or any other ethnic group, will be investigated and prosecuted by federal authorities just as are acts of terrorism or aiding it. 

We must be alert, responsible and smart, as demonstrated by the actions of the FBI and other agencies in this case.  Continuing to work with and through federal, state and local law enforcement while applying the law properly are the best and surest ways to fight and defeat terrorism.

# # #

HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal Grand Jury in Harrisburg returned an indictment yesterday charging Jamar McMillan, age 31, with possession with the intent to distribute heroin and possession of a weapon in furtherance of a drug trafficking crime.   

According to United States Attorney Peter Smith, McMillan, a resident of Dauphin County is also charged with possessing a firearm after having been previously convicted of a felony offense. 

This case arose as a result of an arrest of McMillan in August 2015, and an investigation by the Harrisburg Police Department Vice Unit and the Federal Bureau of Investigation.  Prosecution has been assigned to Assistant U.S. Attorney Chelsea Schinnour. 

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.

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

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

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

The maximum penalty under federal law is life 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 Monroe County man was sentenced to 30 months’ imprisonment by Senior United States District Judge Edwin M. Kosik in Scranton for aiding and abetting the distribution of heroin.

According to United States Attorney Peter Smith, Harry Rivera, age 39, of East Stroudsburg, pleaded guilty in July 2015 to the charges of aiding and abetting the possession with intent to distribute heroin.  Rivera and another man, Joseph Crawford, age 41, of Marshalls Creek, were indicted by a grand jury in Scranton in November 2014. The charges stemmed from an incident on June 17, 2014, in Monroe County, in which investigators found approximately 97 grams of heroin within a hidden compartment in a vehicle in which Rivera and Crawford were travelling. 

In addition to the prison term, Judge Kosik also ordered that Rivera be supervised by a probation officer for three years following his release from prison.

Previously, Joseph Crawford was sentenced to 37 months’ imprisonment by Judge Kosik on charges of possession with intent to distribute heroin and being a convicted felon in possession of a firearm. The firearms charge resulted from a search of Crawford’s residence in Marshalls Creek in which police seized a Glock pistol and a Smith & Wesson rifle. Crawford, who was previously convicted of a felony offense, is prohibited by law from possessing a firearm.

The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain Regional Police Department and the Stroud Area Regional Police Department.

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Esau Garcia-Patino, for transporting three individuals who unlawfully entered and remained in the United States. 

According to U.S. Attorney Peter Smith, the indictment charges that on October 20, 2015, Garcia-Patino, a 23year old Mexican national, was stopped by State Police in Cumberland County and found to be aiding and transporting three individuals within the United States who unlawfully entered and remained in the United States.  Garcia-Patino remains in custody.

The matter was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and the Pennsylvania State Police.  The case is being prosecuted by Assistant U.S. Attorney Christy H. Fawcett.

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

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

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

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Harrisburg has indicted Manuel Valadez-Mirales, for illegally re-entering the United States after having been previously deported. 

According to U.S. Attorney Peter Smith, Valadez-Mirales, a 46 year old Mexican national, was deported in 2003 and illegally re-entered the United States at some point prior to November 13, 2015. 

The matter was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and the case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.   

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

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HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Harrisburg has returned an indictment charging Peter Fragoso, age 18, with distribution of heroin and the possession of a weapon in furtherance of a drug trafficking crime. Fragoso, a resident of Dauphin County, is also charged with possessing a firearm with an obliterated serial number.   

According to United States Attorney Peter Smith, Fragoso was arrested while allegedly participating in a drug trafficking transaction in Harrisburg in June 2015.

This matter was investigated by the Pennsylvania State Police and the Federal Bureau of Investigation.  Prosecution has been assigned to Assistant U.S. Attorney Chelsea Schinnour. 

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.

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

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

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

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