Middle District of Pennsylvania

The United States Attorney’s Office for the Middle District of Pennsylvania announced that Adrea Cannon, age 22, of Portsmouth, Virginia was sentenced today to 24 months’ imprisonment by District Court Judge A. Richard Caputo in Scranton.  She was also ordered to pay restitution in the amount of $6,104.41.

According to United States Attorney Peter Smith, Cannon was charged in a Criminal Complaint in April 2014.  On January 30, 2015, Cannon appeared in federal court in Wilkes-Barre and pleaded guilty to a Criminal Information alleging that on March 12, 2014, Cannon possessed and used the identity of another person during the crime of access device fraud. 

The investigation was conducted by the United States Secret Service and was prosecuted by Assistant United States Attorney Michelle Olshefski.     

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed today charging a Brooklyn, New York man with sex trafficking of a minor.

According to United States Attorney Peter Smith, the Information alleges that Clinton Hayden a/k/a “Showtime,” age 28, recruited, enticed, and transported two minors from Wilkes-Barre to New York to engage in commercial sex acts between May and December of this year.  Hayden was taken into custody on December 3, 2015 in Jersey City, N.J. 

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

The charge stems from an investigation by agents of Homeland Security Investigations and the Pennsylvania State Police.

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."

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.

If convicted, Hayden faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of 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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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a charge of attempted distribution of controlled substances was filed yesterday against Nancy Finzen, a resident of Indianapolis, Indiana.

According to United States Attorney Peter Smith, Finzen, age 45, is charged in a criminal information with attempting to distribute narcotics to an inmate at United States Penitentiary -Allenwood by mailing envelopes to the inmate with drugs containing suboxone, a narcotic substance, in them between May 2014 and March 2015.  At the time, Finzen was employed as a postal carrier in Indianapolis. The government also filed a plea agreement with the defendant which is subject to the approval of the court.

The investigation was conducted by the Federal Bureau of Investigation, and the Federal Bureau of Prisons Special Investigative Service. Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute 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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statues and the Federal Sentencing Guidelines.

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

             

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

According to United States Attorney Peter Smith, the indictment charges Donald C. Fritz, Jr., age 43, with distribution of, and possession with intent to distribute, crystal methamphetamine.  The indictment also charges Fritz with possessing six firearms in furtherance of a drug trafficking crime including a firearm with obliterated serial numbers.

The investigation was conducted by Homeland Security Investigations and the Pennsylvania Office of the Attorney General.  The case is being prosecuted by Assistant United States Attorney Phillip J. Caraballo.

Indictments contain 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 36-year-old California resident was sentenced to 151 months (12 years and seven months) in prison today by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for transporting heroin from California to Pennsylvania.

According to United States Attorney Peter Smith, the defendant, Francisco Martinez-Rubio, a citizen of Mexico who was living in Fresno, California at the time of his arrest, admitted to transporting 23 kilograms of heroin from California to the Mt. Pocono area of Monroe County in July 2014.

Martinez-Rubio was indicted by a federal grand jury in July 2014, as a result of an investigation by the Drug Enforcement Administration and the Pennsylvania State Police. He pleaded guilty on September 8, 2015, to possession with intent to distribute more than one kilogram of heroin.

Judge Conaboy ordered Martinez-Rubio to serve five years on supervised release following his prison sentence. Martinez-Rubio also faces possible deportation after serving his prison sentence.

Previously, Judge Conaboy sentenced co-defendants Jose Rosario Huizar-Rios to 46 months in prison, Livier Cantor-Huizar to 41 months in prison, and Yolanda Barreto-Rincon to 57 months in prison. Martinez-Rubio recruited those co-defendants to help him transport the drugs.

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

          

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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 Bethlehem, Pennsylvania for drug trafficking and firearm offenses.

According to United States Attorney Peter Smith, the indictment charges Clyford Francois, age 36, with possession with intent to distribute cocaine in May 2015.  The indictment also charges Francois, a convicted felon, with possessing two firearms in furtherance of his drug trafficking activities.  Francois was initially taken into custody by Hanover Township Police on a traffic stop.

The investigation is being conducted by the Bureau of Alcohol, Tobacco and Firearms Enforcement, the Federal Bureau of Investigation, and the Hanover Township 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.

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

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

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

 

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Williamsport man was indicted today by a federal grand jury for heroin trafficking and possession of firearms in furtherance of drug distribution.

According to United States Attorney Peter Smith, the grand jury alleges that Michael Wright, age 22, by himself and acting with others, engaged in deliveries of heroin in Williamsport in 2015.  A search of Wright’s apartment in July 2015, allegedly uncovered over 400 packets of heroin packaged for sale, as well as a revolver and a semi-automatic handgun.  A third handgun with an obliterated serial number was allegedly recovered from Wright at the time of his arrest.

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

 

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Edward Larry Kline II, age 50, of Selinsgrove, Pennsylvania was sentenced today to 12 months in federal prison by U.S. District Court Judge Yvette Kane in Harrisburg for attempted possession with intent to distribute marijuana.

According to U.S. Attorney Peter Smith, Kline was charged in January 2015 and pleaded guilty to attempted possession with intent to distribute marijuana in June 2015.

Kline was employed by the United States Postal Service at the Lewisburg, Pennsylvania post office.  Between May and September 2014, Kline began receiving parcels which contained marijuana sent from California to his rented Post Office box at the Lewisburg post office.  Three of the parcels were opened pursuant to federal search warrants and contained almost 20 kilograms of marijuana. Evidence established that Kline had received at least four additional parcels containing marijuana weighing over 22 kilograms. One kilogram weighs approximately 2.2 pounds.  Kline resigned from his position at the post office.

The investigation was conducted by the United States Postal Inspection Service, the United States Postal Service, Office of Inspector General and the Pennsylvania State Police and was prosecuted by Assistant United States Attorney Daryl F. Bloom.

           

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man was sentenced today to 30 months’ imprisonment by Senior United States District Judge Edwin M. Kosik, for his role in a methamphetamine-trafficking ring.

According to United States Attorney Peter Smith, Fred Baumgartner, age 34, of Kresgeville, Monroe County, pleaded guilty in May 2015 to the charge of conspiracy to distribute methamphetamine.

Baumgartner was one of seven individuals indicted by a federal grand jury in April 2014, after an investigation conducted jointly by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain and the Stroud Regional Police Departments regarding methamphetamine trafficking in the Monroe County area. 

Previously, Emmanuel Tucker, age 39, of Stroudsburg, was sentenced to 41 months in prison for participating in the same methamphetamine trafficking conspiracy.  In addition, Scott Borushak, age 51, of Stroudsburg, previously entered a guilty plea and is awaiting sentencing.  The charges against the remaining defendants are currently pending.

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

The cases are being prosecuted by Assistant United States Attorney Robert J. O’Hara.

           

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dwayne Parker, age 31, a federal prisoner formally housed at the Federal Correctional Institute, Schuylkill was sentenced yesterday by U.S. District Court Judge Malachy E. Mannion in Scranton, for possession of a prohibited object in prison. 

Judge Mannion sentenced Parker to 27 months imprisonment for possessing a shank in prison.  Judge Mannion ordered that the sentence be run consecutively to Parker’s current 15 year federal sentence which he received as a result of a conviction for being a felon in possession of a firearm in the Eastern District of Pennsylvania.

According to United States Attorney Peter Smith, Parker was charged in a Criminal Indictment on June 2, 2015, and entered a guilty plea to that Indictment today just prior to being sentenced by Judge Mannion upon joint motion of the parties.

The case was investigated by the Bureau of Prisons and the Federal Bureau of Investigations.  Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Pittston man was indicted yesterday by a federal grand jury in Scranton on heroin trafficking and firearm offenses.

According to United States Attorney Peter Smith, the indictment charges Samuel Lombardo, age 50, with distributing and possessing with intent to distribute heroin in Pittston on two occasions in August of 2015.  The indictment also charges Lombardo with possessing a firearm in furtherance of his heroin trafficking activities.  

The charges stem from a joint investigation between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kingston Police Department in which Lombardo allegedly sold heroin on two occasions in August of 2015.  When Mr. Lombardo was stopped he had 7 additional bags of heroin and a loaded .25 caliber semi-automatic Armi Tanfolio handgun inside of his vehicle. 

The investigation of these cases was conducted by the ATF, working in conjunction with the Kingston Police Department. The prosecution is assigned to Assistant United States Attorney Evan Gotlob.

This case was brought as 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.

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.

Lombardo faces a minimum of 5 years and up to a lifetime term of incarceration as well as fines totaling $3,250,000. 

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.

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

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a New York City man was sentenced to 122 months (10 years) imprisonment by U.S. District Court Judge Yvette Kane in Harrisburg for conspiracy to distribution multiple kilograms of cocaine and for failure to appear in court.

According to United States Attorney Peter Smith, Jonathan G. Almanzar, age 35, was charged in October 2005 with conspiracy to distribute and possess with intent to distribute cocaine hydrochloride. Almanzar and three others also from New York City were arrested in October 2005 at the Perkins restaurant on Linglestown Road in Harrisburg. They were there ostensibly to conduct a drug deal for 25 to 50 kilograms of cocaine. Almanzar and his co-defendants were in possession of $37,940 in United States currency. The transaction was under surveillance by federal and state agents and all were arrested at the scene.   

Almanzar signed a plea agreement in July 2006. He was on bail and subsequently failed to appear in United States District Court for a scheduled guilty plea proceeding so an arrest warrant issued.  Almanzar remained a fugitive for approximately 9 years until he was located and arrested in New York City in March 2015.  In July 2015, a criminal Information was filed charging Almanzar with failure to appear.  Almanzar plead guilty to all charges in July 2015. 

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

 

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the former assistant to a York physician and her husband were charged in U.S. District Court with conspiracy to obtain and distribute up to 20,000 units of oxycodone through fraud and forgery.

According to United States Attorney Peter Smith, Amy Schneider, age 29, and Joseph Schneider, age 29, both of York, were charged in a Criminal Information with conspiracy and distribution of oxycodone. Amy Schneider is also charged with illegally using a Drug Enforcement registration to obtain a controlled substance.  Joseph Schneider is charged with acquiring a prescription by fraud or forgery. 

The government also filed a plea agreement in the case which recommends that Amy and Joseph Schneider should be held responsible for between 10,000 and 20,000 units (tablets) of oxycodone.  The plea agreement is subject to the approval of the Court.

Amy Schneider was the office manager for a physician practicing in York. She was permitted to use pre-signed prescription forms each week. The forms, intended to be used to write prescriptions for refills for patients, were fraudulently used to obtain oxycodone tablets for the Schneiders. 

Beginning in approximately January 2014 and continuing until May 2015, Amy Schneider allegedly wrote prescriptions for Joseph Schneider who allegedly took the forms to pharmacies to be filled.  The oxycodone tablets were then divided between Amy and Joseph Schneider.  Some of the tablets were distributed to others.

The case was investigated by the Drug Enforcement Administration (DEA) and is assigned to Assistant U.S. Attorney Christy H. Fawcett.

The U.S. Attorney’s Office and DEA are continuing to investigate the handling of prescriptions by Defendant Amy Schneider’s employer.

Criminal conspiracy to distribute a controlled substance and distribution and possession with intent to distribute a controlled substance both carry a maximum penalty of 20 years’ imprisonment, a $1 million fine, and a life term of supervised release.  The offense of unlawful use of a DEA number is punishable by up to four years’ imprisonment, a $250,000 fine, and three years of supervised release.  Acquiring a controlled substance by fraud or forgery is punishable by a maximum sentence of four years’ imprisonment, a $250,000 fine, and three years’ supervised release.   

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

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

         

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man was sentenced to 4 years imprisonment by U.S. District Court Judge Yvette Kane in Harrisburg for committing five bank robberies in two states.

According to United States Attorney Peter Smith, Dylan Blum, age 22, previously pled guilty to the December 9, 2014 robbery of the Mid Penn Bank on North Front Street in Harrisburg in which $1,358 was stolen. Blum was also charged in July 2015 with the robberies of four additional banks in December of 2014 and January of 2015 in Northampton County, Pennsylvania and in New Jersey. Blum passed a threatening note to tellers during three of those robberies. He attempted to rob another bank but was prevented by employees from entering that bank. Blum made off with a total of $5,788 from the three banks he was able to rob. Blum turned himself in to the Harrisburg Police department on January 3, 2015 and remains in custody.

Blum was sentenced to 4 years imprisonment for each robbery with the sentences to be served concurrently. Judge Kane also ordered Blum to make restitution to the banks he robbed in the amount of $7,146.

The case was investigated by the Harrisburg Police Department and the Federal Bureau of Investigation. Assistant United States Attorney William A. Behe prosecuted the case.

 

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WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Joseph P. Donahue, age 61, was sentenced today to 46 months (3 years and 10 months) in prison by United States District Court Judge A. Richard Caputo in Wilkes-Barre. Donahue was convicted on September 2, 2015, of  failing to surrender for service of a federal sentence, being a felon in possession of a firearm, being a fugitive from justice in possession of a firearm, and possession of a stolen firearm after a seven-day jury trial. The 46 month sentence is to be served consecutive to the sentence in the previous case.

According to United States Attorney Peter Smith, Donahue was previously convicted in March 2010 of bank fraud, money laundering, false statements and credit card fraud after a two week trial. In December 2010, United States District Court Judge James M. Munley sentenced Donahue to 121 months’ incarceration and ordered Donahue to surrender himself to begin serving that sentence on January 4, 2011.  Donahue failed to report and a warrant for his arrest was issued.  He was apprehended on January 20, 2011, by United States Marshals in Los Cruces, New Mexico when he was at a motel under an assumed identity and in possession of a stolen firearm.

At trial Donahue’s defense, in part, was that he failed to surrender to begin serving his sentence because he feared that he was being unfairly prosecuted by the government.  He denied any knowledge of the firearm. The jury returned a verdict of guilty on all counts after deliberating approximately 3 hours.

The evidence at the 2010 trial proved that Donahue recruited shareholders, investors and partners in businesses that the defendant owned and controlled, offering them, in exchange for their paying a share of the operating expenses, a share in the profits. Donahue obtained credit cards from financial institutions, putting the credit cards in the names of the investors, for the purpose of paying for operating expenses.

Unknown to the investors, Donahue obtained additional credit cards and loans from financial institutions in the investors’ names by obtaining on-line credit card applications and by forging their names on the applications. Donahue then used these fraudulently-acquired credit cards to incur expenses to which the investors had not consented and for which they would be liable. By forging the investors' names to loan applications, Donahue also committed bank fraud and money laundering.

Donahue has been convicted three times within 26 years by three different federal juries in the Middle District of Pennsylvania and received prison sentences from three separate federal judges. He was previously convicted after a 1989 federal trial of conspiracy and failure to comply with monetary reporting requirements.  That trial involved evidence that Donahue conspired with drug trafficker Frederick “Rik” Luytjes to smuggle millions of dollars out of the United States while avoiding reporting requirements and tax consequences for Luytjes.  United States District Court Judge Richard P. Conaboy sentenced Donahue to a two year term of imprisonment for those crimes.

The investigation was a collaborative effort between the United States Marshals Service and the Federal Bureau of Investigation.  The case was prosecuted by Assistant United States Attorneys Todd K. Hinkley and Michelle L. Olshefski.

 

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Stephanie Ann Ware, age 25, of Scranton, pleaded guilty yesterday to aiding and abetting the robbery of two banks by acting as a getaway driver.

According to U.S. Attorney Peter Smith, Ware pleaded guilty before United States District Court Judge Robert D. Mariani in Scranton. Ware admitted to charges contained in a Criminal Information alleging that she aided in the commission of the following:

• the robbery of the NBT Bank, Dickson City, Pennsylvania, on July 25, 2014;

• the robbery of the Mauch Chunk Trust Bank, Tamaqua, Pennsylvania, on August 26, 2014;

The case against Lee Sokalsky, who was also charged with the robberies, is pending trial. 

The case was investigated by the Federal Bureau of Investigation, the Hazleton, Rush Township, and Dickson City Police Departments, the Pennsylvania State Police, and the Scranton Police Department.  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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

In this particular case, the maximum penalty for each robbery is 20 years’ imprisonment.  Ware faces a term of supervised release following imprisonment, and a fine if convicted. 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 defendants, 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 Wesley Jackson, age 52, New York, NY was sentenced to 60 months by Chief United States District Court Judge Christopher C. Conner in Harrisburg, for unlawful distribution of cocaine.

According to United States Attorney Peter Smith, Jackson pled guilty in August 2015 to unlawfully distributing approximately a half of kilogram of cocaine from September to November 2014.

Jackson was indicted by a federal grand jury in December 2015, as a result of an investigation by the Drug Enforcement Administration’s Harrisburg Resident Office and the Harrisburg Police Department. Prosecution of the case was assigned to Assistant United States Attorney William A. Behe.

 

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HARRISBURG -  The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg man has been indicted by a federal grand jury in Harrisburg on multiple charges involving the unlawful distribution of controlled substances.

According to United States Attorney Peter Smith, Curtis Waldron, age 40, was charged in a two count indictment with unlawfully distributing heroin, cocaine and marijuana on October 2, 2015, and with possessing with the intent to distribute heroin, cocaine and crack cocaine since at least January 2015. 

The case was investigated by the Harrisburg Resident Office of the Drug Enforcement Administration, the Harrisburg Police Department, Dauphin County Drug Task Force and the Dauphin County Probation Office. 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 on each count is 40 years of imprisonment as well as a 5 year mandatory minimum term of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a one-count information was filed yesterday in the U.S. District Court for the Middle District of Pennsylvania charging Mark Marcoccia of Towanda, Pennsylvania with conspiracy to distribute bath salts.

According to United States Attorney Peter Smith, the information alleges that Marcoccia conspired with Justin Johnson to distribute quantities of the controlled substance analogue pyrrolidinopentiophenone (α-pvp), also known as bath salts. The information alleges that Marcoccia and Johnson distributed bath salts and kept and concealed proceeds from the sales of that substance to purchase additional quantities of bath salts for distribution and sale and to purchase real estate and a boat.  

Pursuant to the terms of the plea agreement filed with the information, Marcoccia, age 51, has agreed to plead guilty to the criminal charge and also agreed to the criminal forfeiture of the cash sum of $100,000 reflecting the amount of his interest in property derived from the distribution of bath salts.  Johnson previously entered a guilty plea to the charge of conspiracy to distribute bath salts on February 10, 2015 and is awaiting sentencing before U.S. District Judge Matthew W. Brann.

The federal investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Wyoming County District Attorney’s Office.  Assistant United States Attorney George J. Rocktashel has been assigned to the prosecution of this matter.

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 sentencing 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 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.

 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Miguel Salazar-Gomez, age 33, a Mexican citizen, was sentenced to 21 months in prison by United States District Court Judge Sylvia H. Rambo in Harrisburg for illegally re-entering the United States. 

According to United States Attorney Peter Smith, Salazar-Gomez pleaded guilty in September 2015.  At that time, he admitted to illegally re-entering the United States after having previously been deported in 2004, 2005 and 2014.  Salazar was arrested in March of this year in Adams County and taken into the custody of Homeland Security Investigations.

The conviction is a result of an investigation conducted by Homeland Security Investigations and Assistant U.S. Attorney Chelsea Schinnour was assigned to prosecute the case.

 

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Luzerne County man pleaded guilty today, before Senior U.S. District Court Judge James M. Munley in Scranton, to 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, Desmond Mercer, age 28, admitted to conspiring with others from Luzerne County, New Jersey, and Alabama, to distribute heroin to customers in the Luzerne County area. Mercer acknowledged distributing more than 700 grams of heroin and playing a leadership role in the conspiracy.

Mercer 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.

Under the terms of the plea agreement, both the government and the defendant will recommend that the court impose a sentence of 14 years in prison. The defendant also agreed to the forfeiture to the United States of $15,887 in cash seized by agents and police during the investigation, and two vehicles. The plea agreement is subject to the approval of the Court.

Mercer is the fifth defendant connected to the conspiracy to plead guilty in the case.

Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for March 2, 2016. The Judge could sentence Mercer to up to 20 years in prison and a fine of $1 million.  Mercer was ordered to be detained in prison pending sentencing.

Assistant U.S. Attorney Francis P. Sempa is prosecuting the case, along with Luzerne County Assistant District Attorney Jill Matthews who is a Special Assistant United States Attorney.

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.

 

# # #

SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed on November 25, 2015 charging a 25-year-old Carbondale man with receiving child pornography.

According to United States Attorney Peter Smith, the Information alleges that Edward Jeter used a computer to download images of child pornography during November 2014 through August 2015.

The charge stems from an investigation by agents of the Federal Bureau of Investigation.

If convicted, Jeter faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison.

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."

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 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 Jamie Billman, age 38, of Danville, Pennsylvania, was charged in a one-count Information with Misappropriation of Postal Funds.   

According to United States Attorney Peter Smith, between January 2015 and June 19, 2015, Billman, while serving as a postal employee, Billman misappropriated postal funds at the Northumberland, Danville, and Riverside Post Offices, resulting in a loss of $3,500 to the United States Postal Service.

The investigation of this case was conducted by the United States Postal Service.  Prosecution is assigned to Assistant United States Attorney John C. Gurganus, Jr.

Billman faces a maximum sentence of 10 years imprisonment and fines totaling $250,000.     

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 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.

 

# # #

The United States Attorney’s Office for the Middle District of Pennsylvania announced that a man who was residing in Kissimme, Florida, at the time of his arrest in September 2014, pleaded guilty yesterday before U.S. Magistrate Judge Karoline Mehalchick in Scranton, to participating in a heroin and cocaine trafficking conspiracy in Monroe and Wayne Counties that involved utilizing three of his children to distribute the drugs to customers.

According to United States Attorney Peter Smith, the defendant, Carlos Ruben Cruz, age 48, who resided in Wayne and Monroe Counties in Pennsylvania throughout much of the drug conspiracy, admitted to conspiring with others, including three of his children, to distribute heroin and cocaine between 2011 and 2014.

Cruz was indicted by a federal grand jury sitting in Scranton in August 2014, as a result of an investigation by agents of the Drug Enforcement Administration, investigators from the Pennsylvania State Police, the Wayne County District Attorney’s Office, and Pocono Mountain Regional Police. 

Three of Cruz’s children, Rubie Cruz, age 26, Tiffanyann Cruz, age 21, and Brandon Cruz, age 24, were also charged in the indictment and have previously pleaded guilty to participating in the drug conspiracy. They are all awaiting sentencing.

Carlos Ruben Cruz faces up to 20 years in prison and a fine of $1 million. He will be sentenced at a later date by Senior U.S. District Court Judge Richard P. Conaboy after the completion of a pre-sentence investigation. Cruz remains detained in custody pending sentencing.

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.

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man pleaded guilty today before U.S. District Court Judge Malachy E. Mannion in Scranton, to participating in a heroin trafficking conspiracy that stretched from Stroudsburg to New York to the state of Maine, and a sex trafficking conspiracy in which young women were forced or coerced into engaging in prostitution in northeastern Pennsylvania.

According to United States Attorney Peter Smith, the defendant, Sirvonn Taylor, age 33, of Pocono Summit, admitted to conspiring with others to commit drug trafficking and sex trafficking crimes between 2012 and 2014.

Taylor was indicted along with six other people by a federal grand jury sitting 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, Maine State Police, the Monroe County District Attorney’s Office, and local police in Monroe County.

The indictment alleges that Taylor and his co-defendants formed, joined and participated in a street gang known as the Black P-Stones; that male gang members were “beaten-in” to the gang and female members were “sexed-in” to the gang. The indictment further alleges that Taylor and his co-conspirators obtained heroin in New York and distributed the heroin in Stroudsburg and locations in the state of Maine. According to the indictment, couriers were used to transport heroin from New York to Maine.

The indictment alleges that females were “sexed-in” to the gang by being forced to engage in sex with male gang members; recruited and coerced to engage in prostitution; advertised as adult escorts on a website; provided with heroin and other drugs; and placed in various area hotels/motels to work as prostitutes. It is alleged that the sex trafficking defendants used threats, force, and intimidation to coerce females to engage in prostitution.

In today’s proceeding, Taylor pleaded guilty to conspiracy to distribute in excess of one kilogram of heroin, and conspiracy to commit sex trafficking by force or coercion.  He faces a mandatory minimum 10-year prison sentence for the drug conspiracy charge, and a mandatory minimum 15-year prison sentence for the sex trafficking charge. He faces a potential maximum sentence of life in prison for each charge.

Others charged in the indictment are:

Jose Velazquez, age 25, of Tobyhanna: conspiracy to distribute more than one kilogram of heroin and conspiracy to  commit sex trafficking by force and coercion;

Selena Bayer-Davis, age 21, of St. Matthews, South Carolina: conspiracy to commit sex trafficking by force and coercion;

Ricquell Lindo, age 21, of Augusta, Maine: conspiracy to distribute more than one kilogram of heroin;

Stephon Davis, age 19, of Augusta, Maine: conspiracy to distribute more than one kilogram of heroin;

Sean Griffin, age 21, of East Stroudsburg: conspiracy to distribute more than one kilogram of heroin;

Brianni Gomez, age 19, of Paterson, NJ: conspiracy to distribute more than one kilogram of heroin.  

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."

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

 

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gary L. DuRocher, age 42, formerly a resident of Maryland, was sentenced today to 33 months imprisonment by United States District Court Judge John E. Jones, III in Harrisburg, for threats and starting a fire at Gettysburg National Park.

DuRocher was also ordered to pay restitution in the amount of $ 28,385.58 for the destruction of the hay on Park-owned property and clean-up costs. DuRocher has been in custody since August 2014.

According to U.S. Attorney Peter Smith, on August 8, 2014, DuRocher was involved in a dispute in the Park that led to his fleeing the scene. During his flight, DuRocher set fire to more than 200 bales of hay on Park-owned property to create a diversion. During that flight, DuRocher also sent text messages threatening to do harm to another person.

The case was investigated by the National Park Service with the assistance of Cumberland Township, Gettysburg Borough, McSherrystown Borough, Pennsylvania State Police and Maryland State Police, as well as fire and emergency response personnel from around the Gettysburg area.  The case was prosecuted by Assistant United States Attorney James T. Clancy.

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Luzerne County man pleaded guilty today in Scranton before United States District Court Judge Malachy E. Mannion to a federal heroin trafficking charge. 

According to United States Attorney Peter Smith, Pedro Noriega, age 42, of Plymouth, Luzerne County, admitted to the charge of possession with intent to distribute heroin.  Noriega was indicted by a grand jury in August 2015.

The charge stems from an investigation in which investigators arranged to make a purchase of heroin from Noriega and then obtained a search warrant for Noriega’s residence, located on West Main Street in Plymouth, and seized approximately 495 bags of suspected heroin, a quantity of raw heroin, packaging materials and drug paraphernalia from a bedroom in the residence. 

The investigation was conducted by the Luzerne County Drug Task Force, the Bureau of Narcotics Investigations (BNI) of the Pennsylvania Office of Attorney General, and the Bureau of Alcohol, Tobacco and Firearms (ATF). The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.

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 twenty 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.

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ann Pelicci, former employee at the Pelicci Pain Center in Scranton, was sentenced to two years probation on November 18, 2015, by Senior United States District Judge Edwin M. Kosik in Scranton, for her involvement in evasion of federal currency transaction reporting requirements by structuring cash transactions at several Northeast Pennsylvania banks between 2011 and 2013.

Ann Pelicci was also ordered to pay a fine of $6,000 and to serve six months of her sentence at her residence on a monitored curfew schedule as directed by the U.S. Probation Office.

According to United States Attorney Peter Smith, the defendant was the wife of Leroy J. Pelicci, a physician and owner/operator of the “Pelicci Pain Relief Center.” An indictment filed in March 2014 alleged that the Peliccis withdrew approximately $431,500 in cash from an investment account and then deposited the cash into account at four Scranton area banks, Fidelity Bank, Citizens Bank, Penn Security Bank and FNCB, in 49 separate transactions, totaling $431,500, most of which were in $9,000 amounts, just below the amount that would trigger the reporting requirement, between January and July 2012.  The accounts were opened in the name of Ann Pelicci.

In the indictment, the government sought forfeiture of $431,500, the amount seized from the Pelicci bank accounts at the time of the indictment.  On July 6, 2015, Judge Kosik issued an order directing that the funds were to be forfeited to the government.

The transfer of funds took place after the patient and billing records of the Pelicci Pain Relief Center became the subject of an inquiry by agencies of the Commonwealth of Pennsylvania.  Most of the transactions were made by Dr. Pelicci who died shortly after the indictment was filed.  Ann Pelicci made several of the transactions and pleaded guilty to aiding and abetting the criminal activity. 

“Structuring” is the conducting of transactions in currency at one or more financial institutions for the purpose of evading federal reporting requirements.  Banking institutions are required to file currency transaction reports (CTRs) with the Internal Revenue Service for each deposit, withdrawal or exchange of currency or other payment that involves currency of more than $10,000.  The law also prohibits evading or attempting to evade the reporting requirements or attempting to cause banks to fail to file CTRs.

The investigation was conducted by the Scranton office of the Federal Bureau of Investigation.  The case was prosecuted by Assistant United States Attorney Michelle Olshefski with the assistance of the United States Attorney’s Office’s Victim Rights and Asset Recovery Unit.

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of criminal charges against Stephanie Ann Ware, age 26, of Scranton, Pennsylvania, charging her with aiding and abetting the robbery of two banks by acting as a getaway driver.

The two-count Criminal Information alleges that Ware aided Lee Sokalsky in the commission of the following bank robberies:

• the robbery ofthe NBT Bank, 736 Main Street, Dickson City, Pennsylvania, on July 25, 2014;

• the robbery of the Mauch Chunk Trust Bank, 226 Claremont Avenue,Tamaqua, Pennsylvania, on August 26, 2014;

Lee Sokalsky was previously indicted by a Federal Grand Jury and is pending trial.

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

The case was investigated by special agents of the Federal Bureau of Investigation, Hazleton Police Department, Rush Township Police Department, Dickson City Police Department, Pennsylvania State Police, and the Scranton Police Department.  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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

In this particular case, the maximum penalty for each robbery is 20 years’ imprisonment.  Ware faces a term of supervised release following imprisonment, and a fine if convicted. 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 defendants, 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 Jorge Mojica, age 25, of Wilkes-Barre was sentenced yesterday by U.S. District Court Judge Richard P. Conaboy in Scranton, for possessing and brandishing a firearm in connection with a drug trafficking offense.  Judge Conaboy sentenced Mojica to 84 months in prison to be followed by three years of federal supervised release. 

According to United States Attorney Peter Smith, Mojica was arrested after selling .12 grams of heroin in the parking lot of Chacko’s Bowling Center on Wilkes-Barre Boulevard, Wilkes-Barre, Pennsylvania.  The car Mojica was riding in at the time of the illegal drug transaction was pulled over by police and Mojica was found to be in possession of an additional 2.3 grams heroin and two loaded firearms.

This case was brought as 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.

The case was investigated by the ATF, Wilkes-Barre Police Department, and the Pennsylvania State Police.  Special Assistant U.S. Attorney Jill Mathews, of the Luzerne County District Attorney’s Office, and Assistant U.S. Todd K. Hinkley prosecuted the case.

 

# # #

SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 25-year-old Pittston man who admitted to receiving and distributing child pornography between 2013 and February 2015, was sentenced yesterday to 97 months in prison by U.S. District Court Judge Robert D. Mariani in Scranton.

According to United States Attorney Peter Smith, the defendant, Steven Wolfe, previously pleaded guilty to using a computer to download and distribute images of child pornography to others, including persons in the United Kingdom.

Wolfe was indicted by a federal grand jury in April 2015, as a result of an investigation by Homeland Security Investigations and Kent Police in England. Luzerne County Detectives and Pittston Police assisted in the investigation.

Judge Mariani ordered Wolfe to serve five years on supervised release following his prison sentence. Wolfe must also register as a sex offender and comply with all of the requirements of the Sex Offender Registration and Notification Act.

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."

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

 

 

                                                          # # #

WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Brian Bolus of Lewisburg, Pennsylvania, owner of BPK Management has been charged with income tax evasion.          

According to United States Attorney Peter Smith, Bolus, age 45, is charged with income tax evasion in a Criminal Information filed yesterday in U.S. District Court in Williamsport. The government alleged that, as president of BPK Management, Bolus understated income and taxes due resulting in a false income tax return for tax year 2012.

The Information alleges in 2012, Bolus underreported taxes by $139,203. 

The government also filed a plea agreement, including payment of taxes and penalties with the defendant which is subject to approval by the court.

The investigation was conducted by the Internal Revenue Service Criminal Investigation Division, and the Federal Bureau of Investigation.  Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case. 

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

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

In this case, the maximum penalty under federal law is five years of 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 today that United States District Court Judge Yvette Kane sentenced Devonte Betts, age 21, of Hummelstown, Pennsylvania to 6 years of incarceration today in Harrisburg, Pennsylvania.  Betts pleaded guilty to possession of a firearm in furtherance of drug trafficking and possession with intent to distribute a controlled substance on June 15, 2015.  

According to United States Attorney Peter Smith, Betts was in the vicinity of 13th and Market Streets in Harrisburg on June 6, 2014 in possession of two loaded firearms, as well as heroin and crack cocaine.  Officers from the Harrisburg Bureau of Police apprehended Betts after a brief foot chase.  During the chase, a portion of which was captured on local surveillance cameras, Betts tossed the guns from his waistband.  The officers immediately collected a loaded 9mm handgun and a loaded .357 firearm from Betts’ flight path.  At the time of his arrest, Betts was carrying multiple bags of heroin, crack cocaine and other indicia of drug trafficking. 

This case was brought as 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.

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

 

# # #

SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Lake Harmony man was indicted on November 10, 2015 by a federal grand jury in Scranton on charges of producing, receiving and distributing child pornography.

According to United States Attorney Peter Smith, the grand jury alleges that Grant Harris, age 36, committed the offenses between 2008 and 2014. The Indictment was made public after Harris was taken into custody November 18, 2015.

The charges stem from an investigation by agents of Homeland Security Investigations, the Pennsylvania State Police, and the Pennsylvania Attorney General’s Office.

If convicted of the production charge, Harris faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of 30 years in prison. The receipt and distribution charges each carry a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison.

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."

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 total maximum penalty under federal law is 70 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 grand jury in Scranton indicted Corey Strope, age 37, of Sayre, Pennsylvania yesterday with conspiracy to distribute and possession with intent to distribute bath salts.

According to United States Attorney Peter Smith, Strope distributed bath salts between January and July 2015, in and around Bradford County.  Bath salts consist of a chemical similar to hallucinogenic drugs.  The drugs in this case were allegedly shipped from China.

The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, and the Sayre Borough Police Department and is assigned to Assistant United States Attorney Todd K. Hinkley for prosecution.

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 $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.

 

# # #

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today a renewed strategy for reducing and preventing violent crime in the Middle District of Pennsylvania focusing on the Harrisburg, York, Wilkes-Barre and Williamsport areas.  Federal, state and local law enforcement officers will join forces to coordinate their activities in high-crime areas and vigorously enforce the laws which punish gun offenses, gang activity, drug-related crimes and other acts of violence.           

Peter J. Smith, the United States Attorney for the Middle District of Pennsylvania stated, “we must remove the most violent individuals from our communities.  This will require the very highest level of coordination between federal and local law enforcement agencies.  The anti-violence strategy we are announcing today will advance the core mission of the Department of Justice to protect citizens from the most dangerous offenders in our communities.”      

Joining U.S. Attorney Smith at the announcement were other high-level federal, state and local law enforcement officials.

The anti-violence strategy announced today consists of the following key elements:

•  identifying communities which are most in need of anti-violence solutions;
•  targeting high-priority offenders in those communities for aggressive prosecution;
• conducting regular meetings of federal and local law enforcement officials to collect reliable data on local violent crime trends, share intelligence, screen cases for potential federal prosecution and coordinate joint enforcement activities;
• expansion of existing prevention and post-conviction reentry programs.

Federal law carries severe penalties for prohibited individuals who possess firearms and for those individuals who commit violent crimes or serious drug offenses while possessing or using firearms. 

Under 18 U.S.C. § 922 (g), individuals face up to ten years’ imprisonment if they possess a firearm or ammunition if:

• they have been previously convicted of a felony;

• they are a fugitive;

• they are a drug user or addict;

• they have been determined by a court or have been committed to a mental institution for a mental defect;

• they are an illegal immigrant;

• they were discharged from the Armed Forces under dishonorable condition;

• they have renounced their United States citizenship;

• they are under a court restraining order or have been convicted of domestic violence.

Under 18 U.S.C. § 924 (e), individuals who have three prior felony convictions for violent crimes or drug crimes and who are convicted under 18 U.S.C. § 922 (g) are subject to a minimum-mandatory fifteen year sentence.

Under 18 U.S.C. § 924 (c), individuals who commit a violent crime or a serious drug offense with a firearm face minimum-mandatory consecutive sentences of at least five years and up to life imprisonment:

• if you commit a crime of violence or serious drug offense and possess a firearm during its commission – five years to life;

• if the firearm is displayed – seven years to life;

• if the firearm is discharged – ten years to life;

• if a sawed-off rifle or shotgun is used – ten years to life;

• if a machine gun or destructive device, or a firearm with a silencer is used – thirty years to life;

• if you are convicted a second time under 18 U.S.C. § 924 (c), not less than twenty-five years to life imprisonment.

For the past year, federal, state and local officials have partnered and operated a pilot program based in Harrisburg focusing on firearms offenses committed by recidivists or individuals using firearms in connection with drug offenses, or other violent crimes.  Due to the success of that program it was recently expanded to include firearms offenses in York, Williamsport and Wilkes-Barre.  To date, federal law enforcement agencies have adopted approximately 34 cases involving 41 defendants and relating to firearms offenses from our local law enforcement counterparts in those jurisdictions and will continue to do so in the future.  Additionally, we will continue to prosecute other violent crimes and drug crimes referred to us by our local law enforcement counterparts.

U.S. Attorney Smith stated that, “violent crime damages and destabilizes our neighborhoods, challenging or citizens as they strive to raise their families and be productive members of society.  By coordinating efforts with our state and local law enforcement partners, we can ensure that limited law enforcement resources are being brought to bear in the most effective way possible to protect the people we serve.”

ATF Special Agent in Charge Sam Rabadi said "Individuals who repeatedly commit acts of violence will be targeted for investigation, arrested, and removed from our streets. If you choose to pursue a criminal path, it will end with a federal indictment and federal prison time.  These indictments and arrests demonstrate that ATF and our law enforcement partners will work side-by-side to reduce and prevent gun violence in our communities."

“This joint effort focuses our resources and combined capabilities on those offenders who are driving the violence in our communities,” said Special Agent in Charge Sweeney. “The FBI is committed to working side by side with our local, state and federal law enforcement partners in order to keep our local communities safe.”

 

# # #

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that members of a gang that has operated for a decade or more in the City of York were found guilty of participating in racketeering and drug distribution conspiracies by a jury in federal court in Harrisburg. 

The seven and a half week trial before U.S. District Court Judge Yvette Kane began on September 24.  It included over 100 witnesses called by the government, including York City Police officers and detectives, federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI and gang members who had previously pleaded guilty and featured the presentation of over 500 exhibits.  Among the exhibits were videos of violent incidents involving the Southside Gang, drugs, cash and property seized by police and ATF agents as part of the investigation. 

The jury returned its verdict late yesterday after three days of deliberation.  The jury convicted all 12 men.

According to U.S. Attorney Peter Smith, the gang, labeled by the government as a criminal enterprise, is known as Southside.  It operated in southern York, centered in the area of Maple and Duke Streets.  There was no formal structure but the participants included senior leaders, drug traffickers engaged in distribution and sales of narcotics, particularly crack cocaine, and “shooters,” individuals who committed acts of violence, including use of firearms on behalf of the gang and to protect its members from other gangs in York.  Order was maintained through intimidation and threats and, in some cases, murder.  The Southside Gang includes a group of violent drug traffickers, originally affiliated with the “Bloods,” primarily a New York-based national violent street gang. 

Violence against a rival York gang, called “Parkway,” allegedly resulted in death or shootings of members of both gangs and innocent bystanders.

ATF, together with the York City Police Department and the York County District Attorney’s Office, began an intensive two year investigation of Southside in 2012.  It culminated in a September 2014 grand jury indictment of 21 individuals.

Eight of the indicted persons, including James Abney, a senior Southside leader, pleaded guilty to the racketeering conspiracy charge prior to the trial, as did seven other individuals included in the September 2014 indictment.       

Many individual Southside gang members were investigated and previously prosecuted by York County law enforcement agencies on state charges.  The federal prosecution aimed at dismantling the organization by exposing and attacking its continuity and leadership.  The federal investigation of gang violence and drug dealing in York is continuing in full cooperation with local police and the York County District Attorney’s Office.

“The guilty verdicts returned by the jury send a message of justice.  It is a message to criminals that gang activity and gun violence will be dealt with and will not be tolerated.  It is a message to the residents of York County, that ATF and our law enforcement partners remain dedicated to serving the public, to reducing and preventing gun violence on our streets and in our neighborhoods," said ATF Special Agent in Charge Sam Rabadi.

The case included the participation and assistance of the Pennsylvania State Police, West York Borough Police Department, Spring Garden Township Police Department, the York County Drug Task Force, the Federal Bureau of Investigation, and the U.S. Marshals Service.

Assistant U.S. Attorneys Michael A. Consiglio, William Houser, and Joseph Terz prosecuted the case.  U.S. Attorney Smith praised the diligent and highly professional work of the trial team.

Overall, the jury found seven of the 12 men on trial guilty of racketeering conspiracy and conspiracy to distribute drugs, mainly cocaine base (crack) and cocaine, but including heroin in some instances.  Two others were found not guilty of the racketeering charge but were found guilty of the drug distribution conspiracy count of the indictment.  Three of the defendants were found not guilty of either of the conspiracy counts.  The jury found all 12 defendants guilty of possession of illegal drugs with the intent to distribute.  Two defendants were also charged and found guilty of, possession of firearms in furtherance of drug trafficking.

According to U.S. Attorney Smith, the principal defendants, specifically the most violent and those in leading roles, were found guilty of the racketeering conspiracy charges.

The individual defendants and the charges on which they were convicted are:

Marc Hernandez, a/k/a “Marky D,” age 30; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts),

Rolando Cruz, a/k/a “Mico,” age 30; racketeering conspiracy, drug trafficking conspiracy, drug possession with intent to deliver and possession of firearms in furtherance of drug trafficking (2 counts),

Douglas Kelly, a/k/a “Killer,” age 37; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,

Roscoe Villega, a/k/a “P Shawn,” age 41; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,

Tyree Eatmon, a/k/a “Ree,” age 27; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,

Maurice Atkinson, a/k/a “Mo,” age 28; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,

Anthony Sistrunk, a/k/a “Kanye,” age 27; racketeering conspiracy, drug trafficking conspiracy, and drug possession with intent to deliver,

Eugene Rice, a/k/a “B Mor,” age 27; drug trafficking conspiracy, and drug possession with intent to deliver,

Angel Schueg, a/k/a “Pocko,” age 26; drug trafficking conspiracy, and drug possession with intent to deliver,

Jalik Frederick, a/k/a “Murder Cat,” age 22; drug possession with intent to deliver,

Brandon Orr, a/k/a “B Or,” age 23; drug possession with intent to deliver,

Jabree Williams, a/k/a “Minute,” age 24; drug possession with intent to deliver. 

Southside gang members who pleaded guilty to racketeering conspiracy prior to the trial are:

James Abney, a/k/a “Doocs,” age 29.

Malik Sturdivant, a/k/a “Base,” age 23.

Jahkeem Abney, a/k/a “Foo,” age 25.

Ronald Payton, a/k/a “Ron Ron,” age 23.

Cordaress Rogers, a/k/a “Tank,” age 29.

Marquis Williams, a/k/a “Quis,” age 27.

Jerrod Brown, a/k/a “Boogie,” age 26.

Quintez Hall, a/k/a “Q,” age 23.

No sentencing date has been set for any of the defendants.  All of the defendants are in custody.

Richard Nolden, a/k/a “Rich” age, 25, is currently awaiting trial after his case was severed from the others.  He is currently serving a lengthy state court sentence.

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SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 27-year-old California resident was sentenced to 57 months in prison today by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for possessing with intent to distribute more than one kilogram of heroin.

According to United States Attorney Peter Smith, the defendant, Yolanda Barreto-Rincon, a Mexican national who resided in Fresno, California at the time of the offense, previously admitted to transporting heroin from California to the Mt. Pocono area of Monroe County in July 2014.

Barreto-Rincon was indicted by a federal grand jury in July 2014, as a result of an investigation by the Drug Enforcement Administration and the Pennsylvania State Police.

Judge Conaboy ordered Barreto-Rincon to serve two years on supervised release following her prison sentence. Barreto-Rincon also faces possible deportation.

Previously, Judge Conaboy sentenced co-defendants Jose Rosario Huizar-Rios to 46 months in prison and Livier Cantor-Huizar to 41 months in prison. One other defendant has entered a guilty plea in the case and is awaiting sentencing.

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

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The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man pleaded guilty today before United States Magistrate Judge Karoline Mehalchick to a federal heroin trafficking charge.

According to United States Attorney Peter J. Smith, Sal DiPalma, age 45, of East Stroudsburg, Monroe County, admitted to the charge of aiding and abetting the distribution of heroin.  DiPalma was indicted by a grand jury in April 2015.

The charges stem from an incident in which DiPalma helped to arrange for a sale of heroin between Eric Rabb, age 45, of East Stroudsburg, and another individual who was working for police investigators.   On October 23, 2013, Rabb and DiPalma were arrested by investigators as they were about to distribute the heroin to the other individual.

The investigation was conducted by the Lackawanna County Drug Task Force, the Drug Enforcement Administration, the Lackawanna County District Attorney’s Office and the Wayne County District Attorney’s Office.

Eric Rabb previously pleaded guilty to the charge of conspiracy to distribute heroin and is awaiting sentencing.

The cases are being prosecuted by Assistant United States Attorney Robert J. O’Hara.

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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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania today announced a new policy for bringing more severe charges against persons who distribute heroin in Central Pennsylvania and for tougher sentencing recommendations by federal prosecutors in heroin cases.

U.S. Attorney Peter Smith said that, “heroin today is not a life style or a business – it is a killer.  The steep increase in heroin trafficking and the alarming rise in deaths due to heroin overdoses, particularly in young people, are a state-wide and national problem, but also a deep personal tragedy for many families.  Much of what must be done will be through education, additional funding, medical help, counseling and rehabilitation.  But those who sell or otherwise put heroin in the hands of others, are knowingly dealing in possible death or serious harm to users and should pay heavily for their greed and callous indifference.  The new policy is intended to emphasize that point.”

The guidance to Assistant U.S. Attorneys in the District’s three offices (Harrisburg, Scranton and Williamsport) for heroin cases includes the following:

• In heroin cases, all available charges should be considered.In addition to charges under the Controlled Substance laws and firearms charges, particular attention should be paid to statutes relating to continuing criminal enterprises; maintaining drug-involved premises; endangering human life while illegally manufacturing controlled substances; distribution to persons under age 21; distribution or manufacturing in or near schools and colleges and employing children to distribute drugs near schools or playgrounds and other prohibited places; and employment or use of persons under 18 years of age in drug operations.

• Money laundering charges and forfeiture allegations should be part of all charges where there is evidence of substantial proceeds from the illegal activity and/or assets that can be seized and forfeited.

• Many heroin cases involve defendants with ties to large-scale drug trafficking organizations, gangs, or cartels.Many defendants in heroin cases are leaders, organizers, managers, or supervisors of others within an organization.Other defendants have significant criminal histories or use violence, weapons, and minors in the operation of their business.These factors indicate that a drug weight should be charged that will trigger a mandatory minimum sentence when a reasonable argument can be made that it applies.

• The evidence must be analyzed as to each defendant individually.A defendant is responsible for drugs involved in his own activities or those he encouraged others to undertake.A defendant is also responsible for drugs involved in the activities of co-conspirators if those acts are "reasonably foreseeable."We will charge defendants in heroin cases accordingly when the argument can be made that reasonable foreseeability applies to the scope of that particular defendant’s responsibility.

• Repeat offenders, particularly those involved in heroin trafficking, are appropriate candidates for sanctions which generally double any applicable mandatory minimum sentence.When a defendant involved in heroin trafficking is a repeat offender and the conduct falls within the sanctions, we should not hesitate to seek the enhancement.

• Because of the seriousness of heroin-related offenses, plea agreements that call for dismissal of the most serious charges in heroin cases are highly disfavored and will only be approved in the most extraordinary circumstances.Defendants who wish to reduce their sentence must fully cooperate and then they should not expect a sentencing reduction of more than fifty percent from the otherwise applicable mandatory minimum sentence or guideline range, whichever is higher.

• Because heroin cases present a greater risk of harm to individuals and the community, we will advocate for applicable guidelines enhancements that will increase the sentence.These include possession of a dangerous weapon; use of violence; maintaining drug premises; aggravating role; use of a minor; obstruction of justice; commission of offense while on release; and criminal livelihood.

In addition to seeking enhancements, there may be heroin cases where a sentence at the high end of the applicable guideline range or even an upward departure above the guideline range is called for. 

• Under the federal sentencing guidelines, the decision to recommend a guideline departure based upon a defendant's "substantial assistance" to law enforcement is one of the most significant judgments facing any prosecutor.Heroin cases should be treated no differently than any other cases in this respect.We should make an assessment of the significance and usefulness of the defendant's assistance in making our recommendation to the court for a sentence departure on this basis.When defense counsel seeks a variance below the applicable guideline range in a heroin case, we will generally oppose that request unless extraordinary circumstances exist.

• A sentencing memorandum should be filed by the prosecution in heroin cases, particularly when we are advocating for a sentence more serious than otherwise would be imposed if another drug was involved in the offense of conviction.In order to support and strengthen our approach to these cases, when appropriate we will include the grim statistics and other information that reflect the current nationwide heroin epidemic.

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Ahmad Feras Diri, 42, of London, was arraigned today on charges alleging a conspiracy to illegally export laboratory equipment, including items used to detect chemical warfare agents, from the United States to Syria.

The announcement was made by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Peter J. Smith of the Middle District of Pennsylvania, Special Agent in Charge John Kelleghan of the U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) Philadelphia Office and Special Agent in Charge Sidney Simon of the U.S. Commerce Department’s Office of Export Enforcement (OEE) New York Field Office.

The indictment was returned by a Scranton, Pennsylvania, grand jury on Nov. 20, 2012, and charges Diri; Mowea Diri, Ahmad’s brother and a citizen of Syria; d-Deri Contracting & Trading, a business located in Syria; and Harold Rinko, a U.S. citizen, with criminal conspiracy, wire fraud, illegal export of goods, money laundering and false statements.  On Sept. 16, 2014, Rinko pleaded guilty to the criminal conspiracy charge before U.S. District Judge Edwin M. Kosik of the Middle District of Pennsylvania.

On March 14, 2013, Diri was arrested by the Metropolitan Police in London in connection with the charges in the Middle District of Pennsylvania, and was extradited to the United States by the United Kingdom on Nov. 12, 2015.  Diri appeared before U.S. Magistrate Judge Karoline Mehalchick of the Middle District of Pennsylvania today and pleaded not guilty to the indictment.  

The indictment alleges that from 2003 until Nov. 20, 2012, the three men conspired to export items from the United States through third party countries to customers in Syria without the required U.S. Commerce Department licenses. 

According to the indictment, the conspirators prepared false invoices that undervalued and mislabeled the goods being purchased and listed false information regarding the buyers’ identity and geographic location.  The indictment alleges that the items were to be shipped from the United States to Jordan, the United Arab Emirates and the United Kingdom, and thereafter transshipped to Syria. 

According to the indictment, the items allegedly included: a portable gas scanner used for detection of chemical warfare agents by civil defense, military, police and border control agencies; a handheld instrument for field detection and classification of chemical warfare agents and toxic industrial chemicals; a laboratory source for detection of chemical warfare agents and toxic industrial chemicals in research, public safety and industrial environments; a rubber mask for civil defense against chemicals and gases; a meter used to measure chemicals and their composition; flowmeters for measuring gas streams; a stirrer for mixing and testing liquid chemical compounds; industrial engines for use in oil and gas field operations; and a device used to accurately locate buried pipelines.  

“According to the charges in the indictment, Ahmad Feras Diri conspired with his brother and others to evade U.S. export laws and illegally send chemical laboratory equipment to Syria,” said Assistant Attorney General Carlin.  “These violations of U.S. export law threaten our national security, and we will continue to hold accountable those who seek to circumvent restrictions.  I want to thank the agents, analysts, prosecutors and our U.K. law enforcement counterparts who are responsible for the arrest and charges in this case.”

“This extradition demonstrates HSI’s commitment to use all its resources to prevent sensitive and restricted technology from being exported to Syria through the black market,” said Special Agent in Charge Kelleghan.  “No good comes of illegal exports to Syria, especially during this time of gross misgovernment and civil strife.  As the principal enforcer of export controls, HSI will continue to do everything in its power to ensure that sensitive technology doesn't fall into the wrong hands in Syria.  I applaud our colleagues at the Department of Commerce, the U.S. Attorney’s Office for the Middle District of Pennsylvania, along with our law enforcement counterparts in the United Kingdom.  This coordinated effort helped us make this complex investigation a success.” 

“I commend our colleagues from HSI and the United Kingdom, and the U.S. Attorney’s Office, for their outstanding work with the Commerce Department on this case,” said Special Agent in Charge Simon.  “Our special agents work tirelessly every day to pursue those who flout our export control laws and attempt to supply rogue regimes with technology that threatens our national security.  OEE will seek and arrest violators wherever located, worldwide, and we will continue to leverage our unique authorities as the only federal law enforcement agency exclusively dedicated to enforcing dual-use export violations.”

Pursuant to regulations of the U.S. Department of Commerce’s Export Administration, a license is required to export goods and services from the United States to Syria, excepting limited and certain categories of humanitarian food and medicine.

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

The case is being investigated by ICE-HSI and U.S. Commerce Department’s OEE New York Field Office.  The Justice Department’s Office of International Affairs also provided significant assistance.  The case is being prosecuted by Assistant U.S. Attorney Todd K. Hinkley of the Middle District of Pennsylvania and Trial Attorney Mariclaire Rourke of the National Security Division’s Counterintelligence and Export Control Section. 

Diri Indictment

HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the owner of a Harrisburg-based ambulance company has been sentenced to 24 months in prison and ordered to pay $494,378 in restitution and fines.

Serge Sivchuk, age 30, the owner of Advantage Medical Transport, Inc, formerly headquartered at 733 Fire House Lane, Harrisburg, was sentenced by US District Court Chief Judge Christopher C. Connor yesterday to the two year term and ordered to pay $194,378 restitution to Medicare. Judge Connor also fined Sivchuk $300,000.

Judge Connor also ordered Advantage to pay $194,378 restitution to Medicare (jointly and severally with Sivchuk), and further ordered the company to pay an additional $250,000 fine.

According to US Attorney Peter Smith, Sivchuk and Advantage were indicted in January 2012 by a Middle District of Pennsylvania grand jury and charged with multiple counts of false statements in health care matters and health care fraud.  The charges stemmed from Advantage’s non-emergency, ambulance transport of Harrisburg area dialysis patients between 2009 and 2011.  The Indictment alleged Sivchuk defrauded Medicare by submitting hundreds of claims for the nonemergency transport of Medicare beneficiaries because the patients were ambulatory and their ambulance transports were not medically necessary. 

Sivchuk pleaded guilty to one count of false statements in health care matters on February 22, 2013; Advantage pleaded guilty to 14 counts of False Statements in Health Care Matters less than 3 months later on May 1, 2013.  The Indictment focused on an August 2010 audit and a June 2, 2011 search of Advantage’s business premises by federal law enforcement officers.  In response to the audit Sivchuk provided Medicare dozens of ambulance Trip Sheets, which are prepared by Emergency Medical Technicians (EMTs) at the time of each ambulance transport.  The Trip Sheets contain a narrative section that describes the patient’s physical condition and ability to ambulate,.  The Trips Sheets serve as the primary support document for each Medicare billed, ambulance transport claim.  The June 2, 2011, search by the FBI revealed Sivchuk did not submit the original trip sheets to the auditors but instead submitted copies of other trip sheets that had been re-written and forged to conceal the fact the beneficiaries were ambulatory.

Medicare paid Advantage approximately $166 for each leg of a transport to and from a dialysis treatment center, plus $5.49 per mile.  Many dialysis patients underwent 3 treatments per week. Thus, one week’s transport of just one dialysis patient yielded Advantage more than $1,000.

At the time the investigators executed the June 2, 2011, search warrant, the U.S. Attorney’s Office filed a civil action in federal court that froze more than $875,000 in Sivchuk controlled bank accounts. The government intends to recoup the restitution and fines imposed by Judge Connor today from these frozen bank accounts.

The case is part of a priority program within the U.S. Department of Justice and the U.S. Attorney’s Office for the Middle District of Pennsylvania focusing on health care fraud.  The case was prosecuted by Assistant U.S. Attorneys Kim Douglas Daniel and Anthony Scicchitano, and was investigated by the Harrisburg Offices of the HHS Inspector General’s Office and the FBI.

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WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Assistant Manager of the Wilkes-Barre City Employees Federal Credit Union was sentenced yesterday by United States District Judge A. Richard Caputo to a sentence of time served followed by two years of supervised release.

According to United States Attorney Peter Smith, Amanda Magda, age 29, of Wilkes-Barre, pleaded guilty to aiding and abetting bank fraud in January 2015.  Magda was charged in a superseding indictment with codefendant, Leo Glodzik.  The charges stem from a scheme involving a former Wilkes-Barre police officer, Tino Ninotti, and Glodzik, a contractor for the city, involving Ninotti allegedly conspired with Glodzik to secure a loan from the credit union by using false and fraudulent collateral.  Magda falsely witnessed the signature of another person to the loan agreement which was actually forged by Ninotti.  Magda no longer is employed at the credit union, which is under new management and has instituted new policies and procedures to address the problems and eliminate the abuses that led to the fraud prosecutions.

The charges against Leo Glodzik are still pending.  Tino Ninotti pleaded guilty to conspiracy to commit bank fraud in April 2015 and sentencing is scheduled for December 1, 2015.

The investigation was conducted jointly by the Federal Bureau of Investigation and the Pennsylvania State Police. 

Prosecution is assigned to Assistant United States Attorney Michelle L. Olshefski.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Wilkes-Barre man was indicted on November 10, 2015 by a federal grand jury in Scranton on heroin trafficking and firearm offenses.

According to United States Attorney Peter Smith, the indictment charges Louis Angel Soto, age 26, with distributing and possessing with intent to distribute heroin in Wilkes-Barre on four occasions between August and November of 2015.  The indictment also charges Soto with   possessing a firearm in furtherance of his heroin trafficking activities. 

The charges stem from an investigation in which the Drug Enforcement Administration (DEA) allegedly made purchases of heroin from Soto on three occasions between August and October of 2015.  The DEA then obtained a search warrant for a residence located on Sambourne Street in Wilkes-Barre, where Soto was residing. From the residence, the DEA and the Wilkes-Barre Police Department seized 180 bags of heroin and a .40 caliber Smith and Wesson semi-automatic pistol.

The investigation of these cases was conducted by the Drug Enforcement Administration, working in conjunction with the Wilkes-Barre Police Department. Prosecution is assigned to Assistant United States Attorney Evan Gotlob.

Soto faces a minimum of 5 years and up to a lifetime term of incarceration as well as fines totaling $4,250,000.

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.

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

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SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on November 10, 2015 a federal grand jury in Scranton indicted Rehan A. Merchant, a/k/a Ray Merchant, a/k/a Aslam Ahmed, the former owner and operator of the Cigar and Tobacco Outlet in Tannersville, Pennsylvania, charging him with conspiracy to commit wire fraud.

According to United States Attorney Peter Smith, the indictment charges Merchant with allegedly conspiring with unnamed co-conspirators to use counterfeit and stolen credit and debit cards to make fraudulent purchases at the Cigar and Tobacco Outlet.  Merchant and his co-conspirators also allegedly forged the names of cardholders on credit and debit card receipts.  The activities took places from September 2014 through September 2015.

Merchant was taken into custody last week in Florida after a Criminal Complaint was issued by the U.S. Attorney’s Office in Scranton.

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

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

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WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Richard J. Harley, age 71, of Shawnee on the Delaware, Pennsylvania was sentenced  in Federal District Court in Wilkes-Barre to serve 12 years in prison by United States District Court Judge A. Richard Caputo.  Harley was convicted after a two-week jury trial of 23 counts of wire fraud, bank fraud, bankruptcy fraud, and making false statements on bankruptcy schedules on December 15, 2014.  Harley was ordered to pay restitution in the amount of $323,800.  Harley was ordered to report to the Bureau of Prisons on November 23, 2015 to commence the sentence.

According to United States Attorney Peter Smith, Harley defrauded investors and attempted to defraud the Federal Reserve Bank of New York and several financial institutions by soliciting money based on false claims that his company, RJH and Co. Inc., owned 10 million barrels of oil in Texas worth over $1 billion and had “unrestricted bond power” over $5 trillion in federal reserve bank instruments supposedly held at the Federal Reserve Bank of New York.  As a result of the fraud, investors lost approximately $323,800.

The bank fraud charge relates to Harley’s attempt to deposit two phony $500 million checks purportedly issued by the Federal Reserve Bank of New York into several financial institutions.  Harley also filed three fraudulent bankruptcy petitions in 2010, 2011 and 2012 where he attempted to discharge the debt he owed to one of the primary victims of the oil scheme.

Harley was previously convicted of mail and wire fraud and sentenced to five years’ imprisonment in 2001 for a scheme that defrauded AIDS patients and investors relating to a fraudulent ozone-enema treatment he claimed cured AIDS.  The jury verdict in the latest case relates to activities that occurred immediately after Harley was released from federal prison.

The case was investigated by the Federal Bureau of Investigations and was prosecuted by Assistant United States Attorney Bruce Brandler, Chief of the Criminal Division.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Luzerne County man has been charged with stealing mail from multiple United States Post Offices.

According to United States Attorney Peter Smith, Steven Dubravski, Sr., age 55, of Lattimer Mines, Pennsylvania, is charged with theft of mail in a Criminal Information filed today in the United States District Court in Scranton.  Dubravski was employed by a trucking company and was responsible for picking up and delivering mail for United States Post Offices in Luzerne County.  It is alleged that Dubravski stole cash and other items of value from inside multiple mail items intended for delivery to postal customers.  The amount of loss is approximately $2,800.  The thefts are alleged to have occurred from March 2013 through March 2014.  Dubravski was fired by his employer after the company learned what had happened. 

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

No date has been scheduled as yet for a hearing in the case.

The case was investigated by the United States Postal Service, Office of Inspector General.  The defendant is being prosecuted by Assistant United States Attorney Michelle Olshefski.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.  A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing guidelines.

Theft of mail is punishable by up to 5 years’ imprisonment and a $250,000 fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Luzerne County man was sentenced on November 5, 2015 to 9 years in prison by U.S. District Court Judge Robert D. Mariani in Scranton, for possession and sale of a stolen firearm.     

According to United States Attorney Peter Smith, the defendant, James Pavlichko, previously pleaded guilty in July 2015.  At that time, he admitted to stealing a .40 caliber Glock handgun from a friend’s home and selling it to a convicted felon in Kingston, Pennsylvania, on April 13, 2015.

The conviction is the result of an investigation conducted by the Kingston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Judge Mariani ordered that Pavlichko serve three years on supervised release following his prison sentence.

Assistant U.S. Attorney John Gurganus prosecuted the case.

          

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kyle Eugene Gordon, age 27, of Chambersburg, and Reginald L. Lomax, Jr., age 32, of York, were indicted separately by a federal grand jury yesterday in Harrisburg on drug and firearm offenses.

According to U.S. Attorney Peter Smith, Gordon is charged with being a felon unlawfully in possession of a firearm, possessing heroin with intent to distribute, and possession of a firearm in furtherance of drug trafficking, during April 2014 in Franklin County.

The investigation was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Franklin County Drug Taskforce.  Prosecution is assigned to Assistant U.S. Attorney Eric Pfisterer.

Lomax, Jr. is charged with being a person unlawfully in possession of a firearm, possessing crack cocaine with intent to distribute, and possession of a firearm in furtherance of drug trafficking, during December 2014 in York County.

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the York City Police Department.  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 for Gordon and Lomax under federal law is 20 years imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

# # #

SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 39-year-old California resident was sentenced to 41 months in prison today by Senior U.S. District Court Judge Richard P. Conaboy in Scranton, for possessing with intent to distribute more than one kilogram of heroin.

According to United States Attorney Peter Smith, the defendant, Livier Cantor-Huizar, of Fresno, California, admitted to transporting heroin from California to the Mt. Pocono area of Monroe County in July 2014.

Cantor-Huizar was indicted by a federal grand jury in July 2014, as a result of an investigation by the Drug Enforcement Administration and the Pennsylvania State Police.

Judge Conaboy ordered Cantor-Huizar to serve two years on supervised release following her prison sentence.

Last week, Judge Conaboy sentenced co-defendant Jose Rosario Huizar-Rios to 46 months in prison. Two other defendants have entered guilty pleas in the case and are awaiting sentencing.

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

 

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