Middle District of Pennsylvania

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jose Juan Albertorio-Garcia, age 47, of Philadelphia, Pennsylvania, was convicted of possession of a firearm in furtherance of drug trafficking and distributing a controlled substance after a two and a half day jury trial in Harrisburg before U.S. District Court Judge Sylvia H. Rambo.

According to United States Attorney Peter Smith, the jury returned with the verdict of guilty after approximately two hours of deliberation. The charges against Albertorio-Garcia are a result of his supplying other drug dealers with heroin for distribution in Harrisburg in March 2014.  Following Albertorio-Garcia’s arrest on March 18, 2014, the Pennsylvania State Police seized additional quantities of heroin and a firearm from his home on Rorer Street in Philadelphia, Pennsylvania. No sentencing date has been set for Albertorio-Garcia.

This case was investigated by the Drug Enforcement Administration and the Pennsylvania State Police and was prosecuted by Assistant U.S. Attorney Meredith A. Taylor.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jason A. Muskey, age 39, of Moosic, Pennsylvania was sentenced on Friday, October 30, 2015, to 11 years in federal prison by United States District Court Judge Malachy E. Mannion, for diverting approximately two million dollars from clients’ accounts at a financial services firm he owned and operated over a seven year period from 2007 to 2014. Muskey was immediately taken into custody and remanded to the Lackawanna County Prison as he awaits designation to a federal facility to serve his sentence.

According to United States Attorney Peter Smith, Muskey was charged in February 2015 with mail fraud, money laundering, and aggravated identity theft. As presented in court at the time of Muskey’s guilty plea and the sentencing hearing, the evidence showed that Muskey, through his firm, Muskey Financial Services, offered financial advice and investment services to clients.

After being entrusted with client funds, Muskey forged clients’ signatures to obtain funds from his clients’ investment accounts, deposited funds into his personal accounts, and used the money for his own personal benefit.  Muskey falsely represented to clients that the funds were being used to better their investments.  When clients requested a return or withdrawal of their funds, Muskey took funds from accounts of other clients and purchased cashier’s checks to pay the clients who requested withdrawal.  Some of the diverted funds came from individual retirement accounts (IRA’s) of clients.  Muskey also used multiple means of identification of his clients to gain access to their funds to carry out his scheme.

According to the United States Attorney’s Office, there were approximately 26 victims of Muskey’s scheme. Several of the victims spoke in court about how Muskey asked them to trust him and then ruined them financially.  Several elderly victims spoke about how they worked and saved their entire lives with the hope of not having to rely on others for financial assistance, or to have the opportunity to provide for their grandchildren.  All of the victims asked Judge Mannion to impose a severe sentence.

The Government was able to forfeit some of the proceeds of Muskey’s fraud scheme in the amount of approximately $50,000.  Muskey was ordered to pay restitution in the amount of $2,664,616.

The investigation was conducted by the United States Secret Service with the assistance of the United States Postal Inspection Service.  The case was prosecuted by Assistant U.S. Attorney Michelle L. Olshefski.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Sebastian Gonzalez-Delgado, age 27, of Guanajuato, Mexico, and Jose Ramos, age 33, a native and citizen of Guatemala, were indicted separately yesterday by a federal grand jury in Harrisburg on charges of illegally re-entering the United States after having been previously deported.

According to United States Attorney Peter Smith, Gonzalez-Delgado, was indicted on a charge of illegally re-entering the United States on an unknown date in February of 2015. The grand jury charged that Gonzalez-Delgado had previously been deported from the United States at the San Luis, Arizona Port of Departure on July 19, 2013. It is further alleged that Gonzalez-Delgado failed to get permission for re-entry into the United States as required by law.

Prosecution has been assigned to Assistant U.S. Attorney William H. Behe.

The maximum penalty under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine.

Jose Ramos was indicted on a charge of illegally re-entering the United States.  The grand jury charged Ramos was previously convicted of an aggravated felony offense and removed from the United States in 2010.

Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.

The maximum penalty under federal law is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine.

Both matters were investigated by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO).

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 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 51-year-old Schuylkill County man was sentenced today to 27 months in prison by U.S. District Court Judge Malachy E. Mannion in Scranton, for his illegal possession of a fully functional unregistered machinegun, and an unmarked and unregistered drop in auto sear—which is a specific part that makes a semi-automatic rifle fire fully automatic when placed into the weapon. 

According to United States Attorney Peter Smith, the defendant, James Augustus Brauer, previously pleaded guilty in April 2015, at which time he admitted to possession of the machineguns at his home on January 24, 2012.

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

Judge Mannion also ordered that Brauer 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 that yesterday a federal Grand Jury in Harrisburg charged Manuel Zarate-Palomares with illegal re-entry into the United States by a previously deported alien.

According to United States Attorney Peter Smith, Zarate-Palomares, age 34, a native and citizen of Mexico, was arrested by the Border Patrol in New York and was extradited to Adams County, Pennsylvania on a bench warrant related to a traffic offense.  He was previously deported from the United States on at least six occasions.

This matter was investigated by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO).  Prosecution has been assigned to Assistant U.S. Attorney Chelsea Schinnour.

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

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HARRISBURG  – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Harrisburg returned an Indictment yesterday charging a Philadelphia man and a Linden, Pennsylvania woman with conspiracy to distribute and distribution of heroin in Loyalsock Township, Lycoming County.

According to U.S. Attorney Peter Smith, the grand jury alleged that Timothy Moses, age 34, and Marissa Copen, age 26, conspired to distribute and distribution of heroin on or about October 2015.  The indictment alleges that they utilized rental vehicles and hotel rooms to facilitate the distribution of heroin in the Williamsport area to carry out their activities.  Moses and Copen were arrested on October 21, 2015.

The federal investigation was conducted by the Federal Bureau of Investigation with the assistance of the Pennsylvania State Police.  Assistant United States Attorney George J. Rocktashel has been assigned to the prosecution of this matter.

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 sentencing judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

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

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Larksville man was sentenced today to 37 months in prison by U.S. District Court Judge Malachy E. Mannion in Scranton, for conspiring with others to distribute and possess with intent to distribute alpha-pvp, commonly known as “bath salts.”

According to United States Attorney Peter Smith, the defendant, John Pearce, previously admitted to participating in the conspiracy which distributed alpha-pvp to customers during December 2011 through August 2013.

Pearce was indicted by a federal grand jury in August 2014, as a result of an investigation by Homeland Security Investigations (HSI), the Drug Enforcement Administration, United States Postal Inspectors, the Pennsylvania State Police, and West Pittston Police.  All eleven defendants charged in the case have entered guilty pleas, including the principal distributors from West Pittston, Pennsylvania, and their suppliers from Texas.

Judge Mannion also ordered that Pearce serve three years on supervised release following his prison sentence.

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jeffrey Turns, age 32, of Carlisle, Pennsylvania was indicted yesterday by a federal grand jury in Harrisburg, Pennsylvania.  The indictment charges Turns with bank robbery and use of a firearm during a crime of violence.

According to United States Attorney Peter Smith, the Indictment alleges that Turns robbed two banks in August 2015, one in Mechanicsburg, PA and one in Dillsburg, PA, using a firearm. Turns was apprehended after the second bank robbery through a cooperative effort by the Upper Allen Township, Camp Hill and Lower Allen Township Police Departments, and the Pennsylvania State Police. When taken into custody, Turns was allegedly fleeing in a stolen car with one firearm in his waistband, and nine additional stolen firearms in the back of the car.  

This case is being investigated by the Federal Bureau of Investigation, the Mechanicsburg and Carroll Township Police Departments and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.

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

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man was sentenced today to 24 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, Anthony Ianuale, age 43, of Sciota, Monroe County, pleaded guilty in July 2015 to the charge of aiding and abetting the distribution of methamphetamine.

Ianuale 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 Monroe County.

Previously, Emmanuel Tucker, age 39, of Stroudsburg, was sentenced to 41 months in prison for participating in the same methamphetamine trafficking conspiracy.  In addition, defendants Scott Borushak, age 51, of Stroudsburg, and Fred Baumgartner, age 34, of Kresgeville, have entered guilty pleas and are awaiting sentencing. The charges against the remaining defendants are currently pending.

In addition to the prison term, Senior Judge Kosik also ordered that Ianuale be supervised by a probation officer for two 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 and the U.S. Immigration and Customs Enforcements (ICE) Enforcement and Removal Operations (ERO) announced that Jorge Ayala-Spino, age 35, was charged yesterday with illegal reentry in an Indictment by a federal grand jury in Scranton.

According to U.S. Attorney Peter Smith, Ayala-Spino, a Mexican citizen, previously arrested and deported from the United States in 2008, reentered the United States unlawfully and was found in Lackawanna County as the result of an investigation and arrest by the Scranton Police Department in July 2015.

The investigation was conducted by U.S. Immigration and Customs Enforcements (ICE) Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney Evan Gotlob.

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

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

The maximum penalty under federal law is 2 years imprisonment, a term of supervised release following imprisonment, and a $250,000 fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.  

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Scranton man has been indicted by a federal grand jury in Scranton for heroin trafficking offenses.

According to United States Attorney Peter Smith, the indictment charges Camilo Andujar, aka “Melo,” age 24, with conspiracy to distribute heroin between June and August 2015, distribution of heroin and possession with intent to distribute heroin.

The charges stem from an investigation in which Scranton police allegedly made a purchase of heroin from Andujar and then obtained a search warrant for a residence, located on Electric Street in Scranton, where Andujar was residing. From the residence, police allegedly seized approximately 91 grams of heroin, a coffee bean grinder filled with heroin, $5,950 in cash, heroin packaging materials and drug paraphernalia.

The investigation was conducted by the Scranton Police Department, Special Investigations Division, Lackawanna County District Attorney’s Office and the Drug Enforcement Administration (DEA).  Prosecution is assigned to Assistant United States Attorney Robert J. O’Hara.

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

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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 the prohibited possession of a firearm.

According to United States Attorney Peter Smith, the grand jury alleges that Robert Cormier, age 32, possessed a semiautomatic handgun near 500 Fifth Avenue in Williamsport in February 2015.  Police were called to the area based on reports of a shooting.  Later police determined that Cormier was prohibited under Federal law from possessing a firearm based on his alleged criminal history. Cormier faces a single count of Possession of a Firearm by a Felon.

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

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 from 10 years 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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WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Williamsport returned a four-count Indictment charging a Galeton, Pennsylvania man with conspiracy to distribute, distribution, and attempted distribution of the prescription drugs, Oxycodone and Fentanyl, and heroin in Potter and Tioga Counties.

According to United States Attorney Peter Smith, on October 22, 2015, the grand jury charged David Piaquadio, age 58, Galeton, Pennsylvania, with distribution of Oxycodone pills and Fentanyl patches prescribed for him and other persons and covered by Medicaid and Medicare benefits.  The Indictment also charges him with conspiracy to distribute and attempted distribution of those substances, as well as distribution of heroin purchased in Williamsport with the proceeds from illegal sales of the prescription drugs.

The federal investigation was conducted by the Office of Inspector General, U.S. Department of Health and Human Services and the Pennsylvania State Police.  Assistant United States Attorney George J. Rocktashel has been assigned for prosecution.

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 sentencing judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

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

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HARRISBURG -  The United States Attorney’s Office for the Middle District of Pennsylvania announced that  federal grand jury in Harrisburg has indicted three men on multiple charges involving the unlawful distribution of heroin and marijuana, and criminal conspiracy.

According to United States Attorney Peter Smith, Robert Wolf, 23, Everett, PA, Senad Agu, 27, Philadelphia, and Sayeh Gondeh, 26, Bensalem, were charged in a three count indictment. Agu and Gondeh were charged in one count with unlawfully possessing at least 100 grams of heroin with the intent to distribute. All three men were charged in the other two counts with distributing and conspiring with each other to distribute at least 50 kilograms of marijuana since at least September 2013.

The case was investigated by the Harrisburg Resident Office of the Drug Enforcement Administration, the Pennsylvania State Police, the Franklin County Drug Task Force, and the Fulton County Drug Task Force. 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 the heroin charge is 40 years of imprisonment with a mandatory minimum 5 year term of imprisonment, a term of supervised release following imprisonment, and a fine. The marijuana counts are punishable by a maximum of 20 years imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Criminal Information was filed October 19, 2015 in U.S. District Court in Scranton charging Jacob Davis, a 30-year-old Hazleton resident with distribution and possession with intent to distribute heroin during a three-month period in the Hazleton area between June and August of this year.

The charge resulted from an investigation by the Drug Enforcement Administration, the Pennsylvania State Police, and Hazleton Police.

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

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

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 imprisonment for 20 years, a term of supervised release following imprisonment, and a $1 million fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON-The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28-year-old California resident was sentenced yesterday to 46 months in prison 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, Jose Rosario Huizar-Rios, of Fresno, California, who is a citizen of Mexico, admitted to transporting heroin from California to the Mt. Pocono area of Monroe County in July 2014.

Huizar-Rios 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 Huizar-Rios to serve two years on supervised release following his prison sentence. Huizar-Rios also faces possible deportation from the United States.

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

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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Robert Else, III, of Elysburg, Pennsylvania, president of King Coal Tours, a charter bus company, has been charged with fraud in connection with a government-funded public transportation program.

According to United States Attorney Peter Smith, Else, age 65, is charged with wire fraud in a Criminal Information filed today in U.S. District Court in Williamsport. The government alleged that, as president of the charter bus company based in Kulpmont, Pennsylvania, Else submitted false annual budgets and monthly invoices for expenses to the Pennsylvania Department of Transportation (PennDOT) and the U.S. Department of Transportation (DOT).  The government agencies administer a program to provide financial assistance for public transportation for the Lower Anthracite Transportation System (LATS), a regional network, via the bus company.

The Information alleges that from 2006 and 2012, Else carried out a scheme to defraud PennDOT, DOT and Mount Carmel Borough by inflating budges and fraudulent overbilling and caused funds in the amount of $29,935 to be transmitted by wire communications to a bank account of his company in June 2012.

According to the U.S. Attorney’s Office, the total amount of the fraud could be between $150,000 and $400,000.

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

The investigation was conducted by the U.S. Department of Transportation, Office of Inspector General and the Federal Bureau of Investigation. 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 $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 necessarily an accurate indicator of the potential sentence for a specific defendant.

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The U.S. Attorney’s Office of the Middle District of Pennsylvania announced today that Cheryl Floyd, age 52, of Harrisburg, Pennsylvania, owner of Floyd Nutrition LLC, was sentenced to 30 months in federal prison by U.S. District Court Judge Sylvia H. Rambo of the Middle District of Pennsylvania today in Harrisburg for introducing misbranded drugs into interstate commerce and money laundering.  Judge Rambo also ordered Floyd to pay $10,000 in fines and $7,530 in restitution. 

According to summaries presented to the court by Assistant U.S. Attorney Christy H. Fawcett of the Middle District of Pennsylvania in connection with the guilty plea and the sentencing hearing, Floyd, also known as Cheryl Floyd Brown, was the owner and operator of an internet-based business known as Floyd Nutrition LLC, based at her Harrisburg residence and with warehouse facilities in the Harrisburg area.

The items offered for sale between 2010 and 2014 were purported all-natural dietary supplements sold as weight loss products.  They contained the drugs sibutramine and phenolphphthalein which are not listed as ingredients in the product labels.

According to the U.S. Food and Drug Administration (FDA), sibutramine was the active pharmaceutical ingredient in Meridia, a prescription weight loss drug removed from the market in 2010 following studies that showed increased instances of heart attack and stroke in the studied population.  Phenolphphthalein was an over-the-county drug until 1999, when the FDA reclassified it as not generally safe because it posed a carcinogenic risk.

As a result of the health risks, the FDA detained shipments of the products coming from China intended for Floyd’s business.  In July 2014, search warrants executed at locations used by Floyd’s business resulted in seizure of a large quantity of the products.  The products were sold over the internet by Floyd under names such as Slim Trim U, ZXT Slim Bee Pollen, Magic Slim, ZXT Bee Pollen, ZXT Gold Infinity, Lean Body Extreme, Bnew Beauty and Body and Natural Body Solutions.

“Manufacturing and selling products marketed as ‘all-natural’ dietary supplements put U.S. consumers at risk of serious injury or death when they actually contain dangerous pharmaceutical ingredients,” said Director George M. Karavetsos of the FDA Office of Criminal Investigations.  “We will continue working with our law enforcement partners to protect consumers from public health risks and fraud.”

“I would first like to commend the United States Attorney’s office and the FDA Office of Criminal Investigations for their fine work on this investigation,” said Special Agent in Charge Akeia Conner of Internal Revenue Service-Criminal Investigation (IRS-CI).  “Today’s sentence, along with the seizure of over $1,000,000 in assets, sends a clear message to those considering similar conduct.  The Internal Revenue Service-Criminal Investigation stands committed to providing the financial expertise in these investigations and uncovering the flow of money which is the lifeblood of any drug enterprise.”

Floyd pleaded guilty in May 2015 pursuant to a plea agreement that included an agreement to forfeit five properties in Harrisburg owned by the defendant, a 2014 Chevy truck and nine bank accounts.  Three of the properties forfeited thus far have netted $1,016,943.  Floyd is to surrender to the Federal Bureau of Prisons on Nov. 16, 2015.

This case was investigated by the FDA Office of Criminal Investigations, IRS-CI and the Dauphin County Drug Task Force, and was prosecuted by Assistant U.S. Attorney Fawcett.

HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Cheryl Floyd, age 52, Harrisburg, owner of Floyd Nutrition LLC, was sentenced to 30 months in federal prison by United States District Court Judge Sylvia H. Rambo today in Harrisburg for introducing misbranded drugs into interstate commerce and money laundering. Judge Rambo also ordered Floyd to pay $10,000 in fines and $7,530 in restitution.

According to summaries presented to the court by Assistant U.S. Attorney Christy H. Fawcett in connection with the guilty plea and the sentencing hearing, Floyd, also known as Cheryl Floyd Brown, was the owner and operator of an internet-based business known as Floyd Nutrition LLC, based at her Harrisburg residence and with warehouse facilities in the Harrisburg area.

The items offered for sale between 2010 and 2014 were purported all-natural dietary supplements sold as weight loss products.  They contained the drugs sibutramine and phenolphthalein which are not listed as ingredients in the product labels.

According to U.S. Food and Drug Administration (FDA) sibutramine was the active pharmaceutical ingredient in Meridia, a prescription weight loss drug removed from the market in 2010 following studies that showed increased instances of heart attack and stroke in the studied population.  Phenolphthalein was an over-the-county drug until 1999 when FDA reclassified it as not generally safe because it posed a carcinogenic risk.

As a result of the health risks, the FDA detained shipments of the products coming from China intended for Floyd’s business.  In July 2014, search warrants executed at locations used by Floyd’s business resulted in seizure of a large quantity of the products.  The products were sold over the internet by Floyd under names such as Slim Trim U, ZXT Slim Bee Pollen, Magic Slim, ZXT Bee Pollen, ZXT Gold Infinity, Lean Body Extreme, Bnew Beauty and Body and Natural Body Solutions.

“Manufacturing and selling products marketed as ‘all-natural’ dietary supplements put U.S. consumers at risk of serious injury or death when they actually contain dangerous pharmaceutical ingredients,” said George M. Karavetsos, Director, FDA Office of Criminal Investigations.  “We will continue working with our law enforcement partners to protect consumers from public health risks and fraud.”

Akeia Conner, Internal Revenue Service, Special Agent in Charge, said “I would first like to commend the United States Attorney’s office and the FDA Office of Criminal Investigations for their fine work on this investigation. Today’s sentence along with the seizure of over $1,000,000 in assets sends a clear message to those considering similar conduct.  The Internal Revenue Service, Criminal Investigation stands committed to providing the financial expertise in these investigations and uncovering the flow of money which is the lifeblood of any drug enterprise.”

Floyd pled guilty in May 2015 pursuant to a plea agreement that included an agreement to forfeit five properties in Harrisburg owned by the defendant, a 2014 Chevy truck, and nine bank accounts.  Three of the properties forfeited thus far have netted $1,016,943.  Floyd is to surrender to the Federal Bureau of Prisons on November 16, 2015.

This case was investigated by the FDA Office of Criminal Investigations, Internal Revenue Service Criminal Investigations, and the Dauphin County Drug Task Force and prosecuted by Assistant U.S. Attorney Christy H. Fawcett.

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HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced today that Maurice Lebron Davis, age 40, of Brooklyn, New York was sentenced to 19 years in federal prison by U.S. District Court Judge John E. Jones III today, as a result of his April 2015 conviction of eight counts of robbery or attempted robbery following a four day jury trial in Harrisburg.

According to United States Attorney Peter Smith, Davis was charged in an Indictment by a grand jury in February 2013.  Davis robbed or attempted to rob fast food restaurants located in Cumberland, Dauphin and York counties between December 2011 and February 2012.  For some of the robberies, Davis broke the drive-thru window and crawled inside, waiting for employees to arrive. For others, Davis accosted employees in the parking lot and forced them to let him into the restaurants. He would then demand they give him money, before fleeing the scene.

These cases were investigated by the Federal Bureau of Investigation, Pennsylvania State Police, and the police departments of Upper Allen, Middlesex, Carroll, Swatara, Lower Allen and Silver Spring Townships, and the Harrisburg Police Department. The case was prosecuted by Assistant United States Attorney Meredith A. Taylor.

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HARRISBURG - The United States Attorney's Office for the Middle District of Pennsylvania announced today that Nicholas Rivera, age 41, of Harrisburg, Pennsylvania was sentenced to 12 years in federal prison today by United States District Court Chief Judge Christopher C. Conner, in Harrisburg for drug trafficking.

According to United States Attorney Peter Smith, Rivera pleaded guilty to a superseding information in June 2015 that charged him with distribution and possession with intent to distribute a controlled substance.  The charges against Rivera were a result of Rivera selling heroin and cocaine to an undercover trooper in Harrisburg on five separate occasions from March 2014 through May 2014.  Following Rivera’s arrest, the Pennsylvania State Police executed a search warrant on Rivera’s residence on Crescent Street in Harrisburg, PA and recovered approximately $8,000 hidden in a floor vent, along with other evidence of drug trafficking.

This case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police and the Dauphin County Drug Task Force.  This case was prosecuted by Assistant United States Attorney Meredith A. Taylor.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthias Michael Yuran, age 27, of West Wyoming, Pennsylvania, pleaded guilty on October 13, 2015 before U.S. Magistrate Judge Joseph F. Saporito, Jr. in Wilkes-Barre to making false statements to federally licensed firearms dealers in connection with the purchase of 16 firearms.

According to United States Attorney Peter Smith, Yuran was charged in September 2015 with making false statements in connection with gun purchases.  Between September 2014 and February 2015, Yuran made false written statements to firearms dealers in Luzerne, Lackawanna, and Bucks Counties. The statements were intended to deceive the dealers. Yuran falsely represented (1) that he was the actual buyer of the firearms and (2) the he was not an unlawful user or addicted to controlled substances, when in fact, he knew (1) that he was not the actual buyer, and (2) that he was an unlawful user of controlled substances.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Wyoming Borough Police Department.  Prosecution is assigned to Assistant United States Attorney John C. Gurganus, Jr.

Yuran 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.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Schuylkill County employee, Virginia G. Kunigonis, age 54, of Pottsville, Pennsylvania, pleaded guilty today before U.S. District Judge William W. Caldwell to embezzling $452,186 from the Schuylkill County Conservation District between 2007 and 2014.

In an Information filed with United States District Court in September 2015 in Harrisburg, Kunigonis, a county employee who worked for the County’s Conservation District, was charged with one count of theft from programs receiving federal funds.  The Information alleged Kunigonis forged 437 Conservation District checks totaling $410,435 payable to herself between October of 2007 and May of 2014.  The Information also alleged Kunigonis used a Conservation District credit card to pay an additional $41,751 in personal expenses during that same time period.  The Schuylkill County Conservation District received in excess of $10,000 in federal grant monies each year between 2007 and 2014.

According to U.S. Attorney Peter Smith, the embezzled money came from an account containing federal and state funds intended to be used for reclamation projects in the county.

Kunigonis’ guilty plea was entered pursuant to a plea agreement wherein she agreed to cooperate with the government, to make restitution as ordered by the court, and to forfeit the sum of $452,186, all of her interest in her Pottsville, PA residence, and all of her interest in her Schuylkill County employee retirement account, net of taxes, to the government.

Kunigonis began working as an administrative assistant for the Schuylkill County Conservation District in approximately 2002. Prior to that she worked in various capacities for Schuylkill County since 1986.  No date has yet been scheduled for sentencing.

The case was investigated by the Scranton Office of the FBI and is being prosecuted by Assistant US Attorney Kim Douglas Daniel.

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 Health Care Fraud is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum term of imprisonment for  False Statements in Health Care Matters is 5 years imprisonment.

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Coy C. Klinger, age 38, of Lower Paxton Township, Pennsylvania was sentenced yesterday to 10 years in federal prison by United States District Court Judge John E. Jones, III, in Harrisburg for sex trafficking of children.

According to U.S. Attorney Peter Smith, Klinger pleaded guilty in February 2015 to operating a prostitution business out of his home in Lower Paxton Township.  Klinger trolled the internet to find young women to engage in sexual activity for money with customers in his home in Lower Paxton Township.  Klinger retained a portion of the money paid for the sex acts.  After examining Klinger’s Iphone and laptop computer, the FBI found evidence that he was taking nude photographs of the girls and posting the photographs online in advertisements for prostitution services.

After Klinger serves his 10 year prison term, Judge Jones ordered him to remain on supervised release for an additional 5 years.

This case was investigated by the Federal Bureau of Investigation, the Lower Paxton Township Police Department and the Dauphin County District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.

This case was brought as part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.        

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a United States Post Office Employee has been charged with obstruction of the mail.

According to United States Attorney Peter Smith, Bruce J. Kizer, age 37, of Taylor, Pennsylvania, is charged in a Criminal Information filed on October 9, 2015 in the United States District Court in Scranton with Obstruction of Mail.  The charge is based upon Kizer’s alleged conduct involving theft of United States currency contained in greeting cards entrusted to him for delivery to customers on his mail route in Scranton.  The amount of loss is approximately $500.  The thefts are alleged to have occurred from May through June 2014.

Kizer has resigned from his employment with the United States Post Office.

Kizer is scheduled for his initial appearance before U.S. Magistrate Judge Joseph F. Saporito, Jr. on October 29, 2015 in Wilkes-Barre.

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.

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 case, the maximum penalty under federal law is 6 months imprisonment and a $5,000 fine.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs.  For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Pike County man has been indicted by a grand jury in Harrisburg on multiple bankruptcy fraud and false statement charges.

According to United States Attorney Peter Smith, the Indictment alleges that Daniel Wise, age 55, filed three successive Chapter 13 bankruptcy petitions in the U.S. Bankruptcy Court in Middle District of Pennsylvania between August 2012 and November 2012 and that Wise failed to disclose his ownership of a $2.4 million promissory note in all three petitions.  The Indictment also alleges that Wise failed to disclose the fact he was actively engaged in litigation over the $2.4 promissory note in the State of New York at the time he filed his petitions.  All three bankruptcy petitions were eventually dismissed by the Bankruptcy court by March 2013.

If convicted, WISE could be sentenced to a maximum of five years imprisonment and a fined $100,000 on each count.

The case was investigated by the Scranton Office of the FBI and is being prosecuted by Assistant US Attorney Kim Douglas Daniel.

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

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

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

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Harrisburg man has been indicted by a federal grand jury in Harrisburg on multiple firearms charges and charges involving possession and distribution of heroin and crack cocaine.

According to United States Attorney Peter Smith, Michael A. Ridgeway, age 23, of Harrisburg, was charged in a five count indictment with unlawfully possessing with the intent to distribute heroin, crack cocaine, marijuana and oxycodone on three separate occasions from January through June of 2015, and with possessing firearms in furtherance of drug trafficking on two of those occasions. 

The case was investigated by the Harrisburg Office of the Bureau of Alcohol, Tobacco and Firearms and the Harrisburg Police Department. Prosecution of the case has been assigned to Assistant United States Attorney William A. Behe.

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

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

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

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HARRISBURG  - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former U.S. Navy contractor has been indicted and arrested for submitting False Statements to the government and defrauding his subcontractors out of $1.2 million involving a project at the Naval Support Activity facility in Mechanicsburg.

According to United States Attorney Peter Smith, an Indictment by a grand jury in Harrisburg, filed with United States District Court today in Harrisburg, Andrew Persaud, age 43, of Mt. Holly Springs, Pennsylvania, was charged with making false statements to the government.

The Indictment alleges Persaud was the President and Corporate Director of Persaud Companies, Inc., a Virginia and Maryland based construction company that entered into a $4.4 million contract in 2011 to renovate warehouses at the Naval facility.  Persaud hired approximately 17 sub-contractors to work on the project which began in May 2012.

In June and July of 2012 Persaud allegedly submitted invoices for progress payments to the Navy.  In the documents Persaud certified that all of the subcontractors had been paid for their work on the project. Relying on the verity of Persaud’s representations, the Navy sent Persaud payments totaling $1,206,470 between June and August 2012.

By September 2012 most of the subcontractors had walked off the job site. The Navy  terminated Persaud’s contract after it learned, contrary to Persaud’s certifications, that none of the subcontractors had received any payment for their work on the project.

Because the Navy had required Persaud to purchase a materials/labor bond, the subcontractors eventually received payments from the bond carrier totaling $1,281,753.

The Indictment alleges that the government is seeking forfeiture of the proceeds of the criminal conduct in the amount of $1,206,470.

No date has been set for Persaud’s arraignment on the charges.

The case was investigated by the Inspector General’s Offices of the US Navy and Department of Defense, and is being prosecuted by Assistant US Attorney Kim Douglas Daniel.

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

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

The maximum penalty for the offense is 10 years imprisonment, a term of supervised release following imprisonment, and a fine.

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

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania, today announced the indictment and arrests of eight men for participating in an interstate heroin trafficking conspiracy based in Shenandoah, Pennsylvania.

According to United States Attorney Peter Smith, the indictment by a federal grand jury in Scranton on September 9, 2015 was made public after all defendants were taken into custody.  The indictment alleges the eight men conspired to distribute and possess with intent to distribute more than a kilogram of heroin between July 2012 and the present.

The indictment alleges that as part of the conspiracy, the defendants and/or their co-conspirators obtained heroin from suppliers in New Jersey, New York, and Hazleton; maintained “stash houses” in Schuylkill County where heroin, firearms and money were stored; possessed firearms to protect their drug distribution locations and activities; used cell phones to communicate with drug associates and customers; distributed the drug to others in Schuylkill County; and used threats and intimidation to collect drug debts, punish disloyalty, and further the goals of the conspiracy.

Those named in the indictment and their charges are:

• Rhashean Strange a/k/a “Chicago”, age 30: conspiracy to distribute more than a kilogram of heroin; three counts of distribution of heroin; and carrying and possessing a firearm in furtherance of drug trafficking;
• Anthony Navarro-Velez a/k/a “Essay”, age 30: conspiracy to distribute more than a kilogram of heroin; three counts of distribution of heroin;
• Jesus Santos, age 35: conspiracy to distribute more than a kilogram of heroin; four counts of distribution of heroin;
• Thomas Nestor, age 38: conspiracy to distribute more than a kilogram of heroin; five counts of distribution of heroin;
• Nicolai Varga, age 25: conspiracy to distribute more than a kilogram of heroin; two counts of distribution of heroin;
• Derek Yashinsky a/k/a “Clumzy”, age 25: conspiracy to distribute more than a kilogram of heroin; three counts of distribution of heroin;
• Carlos Correa, age 30: conspiracy to distribute more than a kilogram of heroin; three counts of distribution of heroin;
• Paul Jadus, age 50: conspiracy to distribute more than a kilogram of heroin; two counts of distribution of heroin; maintaining a building, room or enclosure for the purpose of storing, distributing or using heroin.

The government is also seeking forfeiture of property allegedly used in the alleged criminal activities or were part of the proceeds, and were seized by law enforcement officers, including four firearms and approximately $13,000 in cash found in two Shenandoah residences.  The government is also seeking a $1 million asset forfeiture money judgment based on the alleged criminal activity.

All of the defendants are residents of Shenandoah, Pennsylvania.

Rhashean Strange faces a mandatory minimum of 15 years in prison and a potential maximum sentence of life in prison if he is convicted of all of the charges. The other seven defendants face a mandatory minimum of 10 years in prison and a potential maximum sentence of life in prison if convicted of all of the charges.

The charges against the defendants resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, the Schuylkill County District Attorney’s Office, and local police in Schuylkill County.

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.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Harrisburg returned an indictment yesterday against Vernal Moffet, age 29, of Queens, New York, Rushane Kennedy, age 23, of Rosedale, New York and Shavouy Paisley, age 24 of Queens, New York.  The indictment charges the three men with possession of unauthorized access devices and criminal conspiracy to possess unauthorized access devices.

According to United States Attorney Peter Smith, Moffet, Kennedy and Paisley were stopped in Cumberland County in September 2014 by Hampden Township Police Department  after making suspicious purchases at CVS and Rite Aid establishments located on Carlisle Pike in Mechanicsburg, Pennsylvania. The police seized more than 100 counterfeit Visa cards from the vehicle the three men had been traveling in, along with gift cards.

During the investigation, the United States Secret Service determined the account numbers associated with the magnetic strips on the cards belonged to account holders from dozens of banks and institutions across the country.  After reviewing bank records, the Secret Service identified more than a half a dozen retail establishments on the Carlisle Pike where the defendants attempted or made purchases using these unauthorized account numbers.

This investigation is being conducted by the United States Secret Service and the Hampden Township Police Department and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.

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

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

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

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HARRISBURG - In its ongoing effort to mark the 25th Anniversary of the Americans' with Disabilities Act (ADA), the United States Attorney’s Office for the Middle District of Pennsylvania is calling attention to the obligation of public schools to effectively communicate with individuals with hearing, vision, and speech impairments. We have sent a brochure to public schools in the Middle District reminding them of their responsibility to provide auxiliary aids and services to those that need them and to provide notification to the public on how to request those aids and services.

Under the ADA, public school districts must ensure that communication with students with hearing, vision, or speech disabilities is as effective as communication with individuals without disabilities. The obligations are not limited just to students - schools are obligated to provide effective communication to parents, relatives, guardians, and other members of the public who seek to participate in or benefit from a school district’s services, programs, or activities.  This is especially true in regard to student registration, parent-teacher conferences, meetings, ceremonies, performances, open houses, and field trips.

Schools must not charge for these auxiliary aids and services and must evaluate which aids or services will provide the effective communication on an individual basis (providing primary consideration to the request of the individual with the impairment).  Schools should also proactively notify parents, students, and the community about the right to effective communication, provide training to staff on the federal and state laws, and place information on the district’s public accessible website on how to request auxiliary aids and services.

The brochure describes the ADA requirements, as well as requirements of section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act.  The brochure also list helpful tips for schools and provides examples of auxiliary aids and services.

Additional information about the ADA is available at www.ada.gov, or through contacting the ADA information line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

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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 41 months’ imprisonment by Senior United States District Judge Edwin M. Kosik for participating in a methamphetamine trafficking conspiracy.

According to United States Attorney Peter Smith, Emmanuel Tucker, age 39, of Stroudsburg, Monroe County, pleaded guilty in May 2015 to the charge of conspiracy to distribute methamphetamine.

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

Previously, Scott Borushak, age 51, of Stroudsburg, and Fred Baumgartner, age 34, of Kresgeville, pleaded guilty and admitted to participating in the same methamphetamine trafficking conspiracy.  The charges against the remaining defendants are currently pending.

In addition to the prison term, Senior Judge Kosik also ordered that Tucker 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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WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that charges have been filed in U.S. District Court in Williamsport against Loren N. Smith and Jessy A. Nelson, who are currently confined at the U.S. Penitentiary, Lewisburg, Pennsylvania.

According to United States Attorney Peter Smith, Nelson, age 30, and Smith, age 36, are charged in separate one-count felony Informations with allegedly assaulting another Lewisburg inmate by punching and kicking him in the head in December 2014. 

The government filed plea agreements with each defendant which are subject to approval by the court.

The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Prisons Special Investigative Service.  Assistant United States Attorney Wayne P. Samuelson has been assigned to prosecute the cases.

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

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

In both cases, the maximum penalty under the federal statutes is 10 years imprisonment, a term of supervised release following imprisonment, and a fine of $250,000. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not necessarily 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 the indictment of Kristy Scott Jewett, age 35, of Carlisle, on charges of theft of public funds.

The Indictment alleges that, from 2008 to June 2014, Jewett was the Office Manager for Forest Park Health Center and Rehabilitation in Carlisle, Pennsylvania, a facility that receives in excess of $10,000 in federal benefits annually.  In that capacity, Jewett had responsibility for financial accounts at Forest Park, including resident trust funds.  The Indictment alleges that the funds held deposits of residents of the facility to be used for care-related and incidental expenses, and that Jewett, in each of four separate years, stole more than $5,000 of Resident Trust Fund money for her own benefit and use.

Jewett allegedly made false entries in the ledgers of the Resident Trust Fund account and falsified monthly account reconciliations provided to Forest Park managers to conceal the scheme.

The Indictment by a federal grand jury in Harrisburg was filed on September 23, 2015 and was sealed until today when Jewett was arrested, appeared in court before U.S. Magistrate Judge Susan E. Schwab, and was released on her own recognizance.  The case has been assigned to U.S. District Judge William W. Caldwell.

The investigation was conducted by the Federal Bureau of Investigation.  Prosecution has been assigned to Assistant U.S. Attorney Joseph J. Terz.

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

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

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

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Marcia J. Weber, age 46, of Loveland, Ohio was sentenced today in federal court in Harrisburg by U.S. District Court Judge John E. Jones, III to serve 24 months in prison on the charges of conspiracy to commit extortion and threatening to injure a witness.

According to United States Attorney Peter Smith, Nicholas I. Stanishia, while serving a sentence of life imprisonment plus 23 years at the Southeastern Correctional Institution in Lancaster, Ohio, for a murder conviction, developed a relationship with clinical psychologist Weber who helped orchestrate Stanishia’s release from prison by attempting to get the sole witness who identified Stanishia at his Ohio murder trial to recant his trial testimony.

The surviving witness was also shot during the murder but was able to flee.  Stanishia escaped, was captured three years later and tried for the murder.  He was also convicted of a rape and burglary committed while on the run.  He was sentenced to 54 years’ imprisonment for this offense.

Weber and Stanishia met in an Ohio correctional facility where he was participating in a work release program.  Weber hired a private investigator to help obtain information about the witness, who now lives in Central Pennsylvania, including where he and his wife lived, where he worked, and information about his children and other immediate family.  Weber and Stanishia then hired Martin Jay Wilson to travel from Missouri to Pennsylvania, where Wilson rented a car, drove to the witness’s house near Harrisburg and placed a gas can filled with water at the witness’s porch.

Stanishia, with the help of Joy Six and Anthony Vaughn - both other inmates - used a smuggled-in cellular telephone to contact the witness to get the victim/witness to sign an affidavit prepared by Stanishia.  Stanishia stated in the call that the next time the gas can would not be filled with water.  During the call, Stanishia claimed to be a high ranking member of the Aryan Brotherhood and that his release was being orchestrated by the Aryan Brotherhood. The contacts with the witness were subsequently reported to law enforcement agencies. Many of the phone calls were recorded at the prison and played during Stanishia’s trial.

Stanishia was found guilty by a federal jury in Harrisburg of conspiracy to transmit a threat to injure a central Pennsylvania witness who had testified against him.  The case was tried before Judge Jones.  Sentencing of Stanishia is deferred pending preparation of a presentence report.

Six, age 40 and Vaughn, age 41, both Ohio inmates, pled guilty to the conspiracy in July 2015. Sentencing dates have not been scheduled.

Wilson, age 43, of Kansas City, Missouri, pled guilty to the conspiracy in April 2015 and was sentenced in September 2015 by Judge Jones to 18 months.

This case was a collaborative effort between the Federal Bureau of Investigation, Harrisburg, Cincinnati, and Columbus, Ohio Offices, the Hampden Township and the Lower Paxton Police Departments, the Ohio State Highway Patrol, and investigators from the Southeastern Correctional Institution in Ohio.

This case 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 19-year-old Alabama man was sentenced to 18 months in prison today by Senior U.S. District Court Judge James M. Munley in Scranton, for playing a minor role in a single heroin transaction in October 2014.

According to United States Attorney Peter Smith, the defendant, Corey Wortham, of Montgomery, Alabama, previously pleaded guilty to conspiracy to distribute heroin. Wortham admitted to traveling from Alabama to Luzerne County to participate with others in a heroin transaction on October 11, 2014. Agents arrested Wortham and others after the transaction.

Wortham was indicted by a federal grand jury in October 2014, as a result of an investigation by agents of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Kingston Police Department.

Judge Munley ordered Wortham to serve three years on supervised release following his prison sentence.

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

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SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Tobyhanna man was sentenced yesterday in federal court in Scranton by Senior United States District Judge Edwin M. Kosik to serve 51 months in prison on the charges of filing fraudulent claims and income tax returns with the IRS.

According to United States Attorney Peter Smith, Brandon Hill, age 34, pleaded guilty to filing false or fraudulent claims with the IRS and assisting in the filing of fraudulent Income Tax returns in October 2013.

The charges were brought as a result of an investigation by the Internal Revenue Service, Criminal Investigations which discovered that Hill was preparing and filing false and fraudulent tax returns from his residence in Tobyhanna.  It was part of the scheme that coconspirators provided Hill with their name and true social security number, from which information Hill prepared and filed tax returns with inflated earnings and manufactured false credits and adjustments, thereby inflating the refund issued by the IRS.

In addition to the prison term, Judge Kosik also ordered that Hill should pay restitution to the IRS in the amount of $291,103, and be supervised by the U.S. Probation Department for three years following his release from prison.

The Internal Revenue Service, Criminal Investigations conducted the investigation.  The case was prosecuted by Assistant United States Attorney Todd K. Hinkley.

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HARRISBURG - The U.S. Attorney’s Office for the Middle District of Pennsylvania announced today that a racing official at Penn National Race track in Grantville has agreed to plead guilty to wire fraud for accepting money and other gratuities in exchange for providing inside information to trainers on which races to enter their horses in order to have a better chance at winning.

According to United States Attorney Peter Smith, Craig Lytel, age 60, of Hershey, Pennsylvania was an employee of the Hollywood Casino at Penn National Race Track (Penn National) who served as a racing official at the track.  He is charged with wire fraud alleging that he was the recipient of an interstate wire transfer of $1,000 from a bank in Kentucky to Lytel’s bank in Pennsylvania allegedly in exchange for providing inside information on the makeup of horse races at Penn National so that the trainers would know the composition of the race and enter their horses in races in which they have a better opportunity to win. It is alleged that Lytel deprived his employer of his honest service by accepting cash, dinners, gift cards and golf outings in exchange for the information.

Lytel is licensed as a racing official at Penn National and falls under the rules and regulations that govern licensees with the Pennsylvania Horse Racing Commission. Lytel was privy to information concerning the horses entered in a race while the race entries are being filled by the racing office.  This information gives a horse owner/trainer an advantage as to which race to enter their eligible horse in that it would give the horse a better chance of success. Such information, coupled with the knowledge of what other horses are in a given race, could also provide an opportunity for collusion on the behalf of owner/trainers or even determine if a race will be filled enough to run.

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

The case was investigated by the Harrisburg Resident Office of the Federal Bureau of Investigation and the Pennsylvania Horse Racing Commission as part of an ongoing investigation of racing at Penn National.

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

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

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

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Hazleton man pleaded guilty today in United States District Court in Wilkes-Barre before Senior United States District Judge A. Richard Caputo, to a federal heroin trafficking charge and was then sentenced to prison.

According to United States Attorney Peter Smith, Adam Castro, age 28, of Hazleton, admitted to the charge of possession with intent to distribute heroin and was sentenced to 48 months in prison.

The charge arose after investigators made purchases of heroin from Castro and, on January 21, 2015, obtained a search warrant for a residence located on West Elm Street in Hazleton where Castro was staying.  As a result of that search, investigators seized approximately 1,050 bags of heroin, drug packaging materials and United States currency.

The investigation was conducted by the Drug Enforcement Administration, the Hazleton Police Department and the Pennsylvania State Police.

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

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

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HARRISBURG -  The United States Attorney’s Office for the Middle District of Pennsylvania announced that a New York state woman was indicted late yesterday by a federal grand jury in Harrisburg for allegedly using fraudulently obtained credit cards in June 2014 to make thousands of dollars of purchases from stores in Cumberland County and Luzerne County.

According to United States Attorney Peter Smith, Zeni Ortiz-Reyes, age 31, of Middletown, New York was charged in an indictment with making purchases with an unauthorized access device card. Ortiz-Reyes allegedly made purchases at the Best Buy store and in Mechanicsburg and at a Lowes store in West Hazelton in June 2014. Ortiz-Reyes purchased gift cards and merchandise using credit cards she applied for in someone else’s name without that person’s knowledge or permission. The gift cards and merchandise amount to approximately $18,000.

The investigation was conducted by the United States Secret Service, the Hampden Township and Silver Spring Township Police Departments, and the security personnel for the retail stores.  The case has been assigned to Assistant U.S. Attorney William A. Behe.

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

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

The maximum penalty under federal law for each count is 15 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Mount Carmel woman was indicted yesterday by a grand jury in Harrisburg on charges related to health care fraud.

According to United States Attorney Peter Smith, Joan Cicchiello, age 64, of Mount Carmel, Northumberland County, Pennsylvania, the owner and operator of Twilight Beginnings, a psychiatric and counseling practice, was charged with one count of health care fraud and 14 counts of making false written statements and writings to obtain Medicare payments.

According to the indictment, between May 2010 and the present, Cicchiello’s business contracted with skilled nursing facilities in Adams, Dauphin, York, Franklin, Schuylkill, Lancaster and Northumberland Counties to provide mental health services to residents.

The indictment alleges that Cicchiello, a certified registered nurse practitioner, employed at least four individuals who did not meet Medicare licensing requirements for the provision of mental health services.  Services were allegedly provided by the individuals but false claims for payment were submitted to Medicare indicating that Cicchiello had provided the services and were paid on that basis.

Cicchiello fraudulently obtained on-line certification in pastoral counseling for workers, falsely stated on applications for renewal of her license that she had never been convicted of any felony and misdemeanor offenses, and submitted false claims to Medicare stating she had provided medical or counseling services on dates when she was on vacation or actually traveling outside the United States.

The indictment also contains an allegation by the government seeking forfeiture of property derived from the offenses.

The case was investigated by the Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.  Assistant U.S. Attorney Christy H. Fawcett is the assigned prosecutor.

An indictment is only an allegation. The person charged in the indictment is 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 sentence for the offense of health care fraud is 20 years’ imprisonment, three years’ supervised release, and a $250,000 fine. Each count of making false writings and statements in connection with a health care matter carries a maximum term of imprisonment of five years in prison, a $250,000 fine, and a three-year term of supervised release.  Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Schuylkill County employee, Virginia G. Kunigonis, age 54, of Pottsville, Pennsylvania, has been charged with embezzling $452,186 from the Schuylkill County Conservation District between 2007 and 2014.

According to U.S. Attorney Peter Smith, an Information filed with United States District Court today in Harrisburg, Kunigonis was charged with one count of Theft From Programs Receiving Federal Funds.  The Information alleges Kunigonis forged 437 Conservation District checks totaling $410,435 between October of 2007 and May of 2014.  The Information also alleges Kunigonis used a Conservation District credit card to pay an additional $41,751 in personal expenses during that same time period.  The Information alleges the Schuylkill County Conservation District received in excess of $10,000 in federal grant monies each year between 2007 and 2014.

The Information was filed pursuant to a plea agreement that was also filed with the Court. In the plea agreement Kunigonis agreed to plead guilty to the one count Information, to cooperate with the government, to make restitution as ordered by the court, and to forfeit the sum of $452,186, all of her interests in her Pottsville, PA residence, and all of her interests in her Schuylkill County retirement account, net of taxes, to the government.

According to the Information, Virginia Kunigonis began working as an administrative assistant for the Schuylkill County Conservation District in approximately 2002. Prior to that she worked in various capacities for Schuylkill County since 1986.  No date has yet been scheduled for the entry of Kunigonis’ guilty plea.

The case was investigated by the Scranton Office of the FBI in conjunction with the Pennsylvania State Police and is being prosecuted by Assistant U.S. Attorney Kim Douglas Daniel.

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Dauphin County man was indicted late yesterday by a federal grand jury in Harrisburg for possession of a pistol by a person prohibited by law from having a firearm.

According to United States Attorney Peter Smith, the grand jury alleges that Lawrence Bethea, age 31, was found to be in possession of a concealed .380 caliber pistol after being approached by police in Harrisburg.  Bethea was found asleep inside his vehicle, which was parked in the middle of the 1600 block of Berryhill Street.  When police located the firearm, Bethea ran and struggled with police after being apprehended. Bethea, as a person with a previous conviction for an offense punishable by a prison term in excess of one year, is prohibited by law from possessing a firearm.    

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Harrisburg Bureau of Police and the Pennsylvania State Police.  The case is being prosecuted by Assistant United States Attorney Daryl F. Bloom.

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

The maximum penalty under federal law is 10 years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced awards of grant funds totaling approximately $ 2.8 million by the U.S. Department of Justice to county, city, and local governments, institutions of higher education, and a social service agency in Central Pennsylvania to assist local law enforcement and help reduce domestic violence and violence against women.

U.S. Attorney General Loretta Lynch this week announced Office of Community Oriented Policing Services (COPS Office) funding awards to cities and counties in Central Pennsylvania and around the country, aimed at creating and protecting law enforcement positions.  Over $107 million will be awarded nationally through the COPS Hiring Program (CHP), including $1.7 million within the Middle District of Pennsylvania.

The list of this year’s Central Pennsylvania COPS grantees includes the Harrisburg Police Department ($554,978), the City of York ($1,090,917), and the Township of Hanover (Luzerne County)($125,000).

“The COPS Office is pleased to assist local law enforcement agencies throughout the country in addressing their most critical public safety issues,” said Ronald L. Davis, Director of the COPS Office. “These grants are not simply about putting more officers on the street, they are about expanding the capacity of law enforcement agencies to engage in community policing.”

CHP provides grants to law enforcement agencies to hire or rehire community policing officers. The program provides salaries and benefits for officer and deputy hires for three years.

The COPS Office is responsible for advancing community policing nationwide. Since 1995, COPS has invested over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 127,000 officers and provide publications, training, and technical assistance.

For the complete list of grantees and additional information about the 2015 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.

In addition to the COPS grants, the following grants were also awarded by the Department of Justice:

• The Centre County Women’s Resource Center, State College, was awarded a Transitional Housing Assistance Program grant in the amount of $350,000 from the Office on Violence Against Women. The Resource Center is a non-profit organization offering support services to victims of domestic violence and their families. The Transitional Housing Assistance Program provides aid to victims who are homeless, or in need of transitional housing, or other housing assistance, including short-term housing assistance and supportive services.
• Juniata College, Huntingdon, was awarded a Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program of $299,947 from the Office on Violence Against Women. The Campus Program supports activities that develop campus-based responses that include victim services, law enforcement, health providers, housing officials, administrators, student leaders, faith-based organizations, student organizations, and disciplinary boards.  The intent is to enhance victim safety and assistance and to hold offenders accountable.
• Juniata, in partnership with the Abuse Network, Huntingdon House, Michael J. Ayers Law Project, the District Attorney’s Office of Huntingdon County, the Huntingdon Borough Police, and the J.C. Blair Hospital, will improve the response to sexual assault, domestic and dating violence, and stalking, establish a mandatory student prevention and educational program for incoming students, and implement training for campus law enforcement and administrators.
• Messiah College, Mechanicsburg, was awarded a Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program grant of $298,910 from the Office on Violence Against Women.
• Messiah, in partnership with the Carlisle YWCA and the Upper Allen Township Police Department, will continue implementation of a mandatory student prevention and educational program for incoming students, strengthen its response to address the prevention of incidents of sexual assault, domestic and dating violence and stalking, expand training opportunities for campus constituencies, and provide training to campus law enforcement and administrators.
• Dauphin County was awarded a $72,142 Edward Byrne Memorial Justice Assistance grant from the Bureau of Justice Assistance.
• The grant allows local governments to support activities to prevent and control crimes based on their own needs and conditions.Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. The jurisdictions can use the grant to fund victim advocate positions, purchase licenses for countywide police records management system, and a Crimewatch website fee for service to enhance technology available for officers as they engage in community policing.
• The City of York was awarded a $60,699 Edward Byrne Memorial Justice Assistance grant from the Bureau of Justice Assistance.
• The grant funds can be used for law enforcement programs, prosecution and court programs, prevention and education, corrections and community corrections programs, drug treatment and enforcement programs, planning, evaluation and technology improvement, and crime victim and witness programs. JAG funds are also used to replace office supplies, firearms, and tasers.Additionally, funds will be used for a youth outreach program and subscription fees for investigative services.
• The City of Scranton was awarded an Edward Byrne Memorial Justice Assistance grant in the amount of $19,390 from the Bureau of Justice Assistance. The City of Scranton will use the grant to purchase police cruisers to better protect and serve the citizens of Scranton.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that charges were filed late yesterday against a Shohola, Pennsylvania man resulting from his attempt to avoid being stopped by Park Rangers at the Delaware Water Gap National Recreation Area. The indictment by a grand jury in Scranton charges that Matthew J. Wojciechowski, age 24, while operating a 2006 Kawasaki Ninja motorcycle within the National Recreation Area, willfully failed to stop, and attempted to elude a pursuing police officer by engaging in a high speed chase, and endangered a law enforcement officer and members of the general public by doing so.     

According to United States Attorney Peter Smith, the incident occurred on July 6, 2015, when a Park Ranger observed Wojciechowski allegedly speeding while driving his motorcycle on Route 209 within that National Recreation Area.  When the Ranger attempted to stop Wojciechowski by activating his lights and siren, Wojciechowski allegedly sped away traveling more than 10 miles, at times in excess of 100 miles an hour, before losing control of the motorcycle and crashing. The indictment alleges Wojciechowski put an officer and the general public at risk through his alleged actions. However, fortunately, no one was seriously injured in the incident.

The investigation was conducted by the National Park Service and prosecution is assigned to Assistant U.S. Attorney John Gurganus.

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 a 7 year term of imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.                 

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HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that a New York City man was sentenced today to 18 months imprisonment for possessing 62 counterfeit credit cards. In addition to the 18 months imprisonment, Dawill Almonte was also ordered by U.S. District Court Judge William J. Caldwell to serve two years on supervised release following his release from prison.

Almonte, age 23, from the Bronx, New York, was arrested on November 19, 2013, with two co-defendants, Danilo Vargas, age 27, and Jeriel Delosangeles, age 26, both also from the Bronx, following a Pennsylvania State Police traffic stop for speeding on Route 30 near Hellam Township, York County.

Searches of the defendants’ vehicle yielded 62 counterfeit Mastercard, American Express and Visa credit cards and a counterfeit Florida and Connecticut driver’s licenses. The drivers’ licenses bore the photographs of Almonte and Vargas. Fifty Four of the 62 counterfeit credit cards were in Almonte’s name.

The government’s investigation revealed no charges had as yet been incurred on any of the counterfeit credit cards. On March 9, 2015, Almonte, Delosangeles and Vargas all pleaded guilty to an Indictment charging them with one count of Possession of 15 or More Counterfeit or Unauthorized Access Devices.

The case was investigated by the Harrisburg Office of U.S. Secret Service and the Pennsylvania State Police and is being prosecuted by Assistant United States Attorney Kim Douglas Daniel.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 32 year old New York City resident was sentenced Friday, September 18, 2015 to serve 10 years in federal prison by U.S. District Court Judge Robert D. Mariani for selling cocaine, crack and heroin in Lackawanna and Luzerne County. 

According to United States Attorney Peter Smith, Timothy Smart pleaded guilty in December 2014 to distributing cocaine, crack and heroin between 2012 and September 2013. The conviction and sentence were the result of an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police into the sale of drugs at motels in Luzerne and Lackawanna Counties.  FBI Agents arrested Smart on September 20, 2013, following a “controlled buy” of crack cocaine at a Lackawanna County motel.  A subsequent search of the motel room resulted in the seizure of 84 bags of heroin, crack cocaine and a digital scale.

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

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

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HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Logan Child Care and Resource Center and its chief executive officer, Tyron Ali (collectively referred to as “Logan”), have agreed to pay $63,167.50 to resolve allegations that Logan violated the Federal False Claims Act.  The United States alleges that Logan failed to provide accurate numbers of meals provided by child and adult care facilities and administrative costs pursuant to the requirements of the federal Child and Adult Care Food Program (“CACFP”).

According to United States Attorney Peter Smith, the settlement agreement resolves allegations that Logan, as a home care sponsor, failed to provide the Pennsylvania Department of Education in Harrisburg with accurate meal counts from participating child and adult care facilities in the Philadelphia area from 2005 through 2007. Logan was required to submit the information via computer for reimbursement. It is alleged that the inaccurate reporting resulted in the United States paying Logan more than it was entitled to receive under the CACFP.  Logan was located in Philadelphia. In 2009, Logan was permanently excluded from the CACFP.

The CACFP is a federally funded program providing aid to child and adult care institutions and family or group day care homes for the provision of nutritious foods that contribute to the wellness, healthy growth, and development of young children, and the health and wellness of older adults and chronically impaired disabled persons.  Through CACFP, more than 3.3 million children and 120,000 adults receive nutritious meals and snacks each day as part of the day care they receive. The CACFP is funded through the U.S. Department of Agriculture and administered by the states. In Pennsylvania, the Pennsylvania Department of Education administers the CACFP.

Logan and Ali did not reimburse the Pennsylvania Department of Education for the federal funds Logan and Ali allegedly received improperly. The failure to make repayment was reported to the U.S. Attorney’s Office by the Pennsylvania Department of Education in 2014.

The agreement is not an admission of liability by Logan and Ali.  As a result of consideration by the government of the present ability of Logan and Ali to make payment, the agreement calls for monthly payments of $100.  If Logan and Ali fail to make timely payments, the entire unpaid amount, plus interest will be due and payable immediately at the option of the United States. The agreement does not release Logan and Ali from any criminal liability or debarment by federal agencies.

The case was investigated by the Civil Division of the United States Attorney’s Office for the Middle District of Pennsylvania and the United States Department of Agriculture Office of Inspector General, Northeast Region. The case was litigated by Assistant United States Attorney Timothy S. Judge.

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SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jason Mitchell, age 30, Tobyhanna, Pennsylvania, pleaded guilty to conspiracy in dealing in counterfeit United States Federal Reserve Notes.  The guilty plea was entered before U.S. District Judge James M. Munley in Scranton.

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

The plea is subject to the approval of the court.  Judge Munley scheduled sentencing for December 18, 2015.

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

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

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

The maximum penalty under federal law is 5 years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON--The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 37-year-old Hazleton resident was sentenced today to serve 41 months in federal prison by Senior U.S. District Court Judge Edwin M. Kosik for participating in a conspiracy to distribute heroin and cocaine.

According to United States Attorney Peter Smith, the defendant, Willy Perez, a citizen of the Dominican Republic, previously pleaded guilty to conspiracy to distribute heroin and cocaine during July through October 2013.

Perez was indicted by a federal grand jury in January 2014, as a result of an investigation by the Federal Bureau of Investigation and Scranton Police.

Judge Kosik also ordered Perez to be placed on three years of supervised release following his prison sentence. Perez, a legal resident alien, faces deportation and removal from the United States as a result of this felony conviction.

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

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