FEDERAL DISTRICT ARCHIVE
Middle District of Pennsylvania
Press releases recorded for this federal judicial district.
Horse Trainer Sentenced for Rigging RacesRead the Press Release
A Central Pennsylvania thoroughbred horse trainer who raced horses at Penn National Race Course in Grantville was in Dauphin County Court in Harrisburg was sentenced today to rigging races by administering drugs to horses on race day in violation of rules and regulations banning such treatment.
The United States Attorney’s Office for the Middle District of Pennsylvania and the Dauphin County District Attorney’s Office announced that David J. Wells, 50, Grantville, was sentenced today by Court of Common Pleas Judge Deborah E. Curcillo to 6 months in prison for rigging publicly exhibited contests, in this case, thoroughbred races at Penn National Race Course. Wells was sentenced to 5 years intermediate punishment with the first 6 months in prison. The first 3 months are to be served in the Dauphin County Prison followed by 3 month’s confinement in Dauphin County Prison’s secure work release center.
According to United States Attorney Peter Smith, Wells was charged in October 2014 and plead guilty in December 2014. At the guilty plea proceeding, Wells admitted that he orally or by hypodermic injection illegally administered drugs to horses he trained and raced in order to give him and his horses an advantage in the races. Wells admitted that he was fully aware that this was in violation of the criminal laws of the Commonwealth of Pennsylvania, as well as racing rules and regulations. Wells also admitted that efforts were made to conceal this activity from the public and the Racing Commission. The activity took place between 2009 and 2013.
The prosecution stemmed from an investigation conducted by the FBI, the Pennsylvania Department of Agriculture’s Racing Commission, the Pennsylvania State Police and the Dauphin County District Attorney’s Office into alleged wrongdoing in races at Penn National Race Course. As part of the investigation, Daniel Robertson, the official clocker at Penn National, was indicted in U.S. District Court on federal wire fraud charges in November 2013 and pleaded guilty on July 22, 2014.
The Wells investigation was transferred to the Dauphin County District Attorney’s Office for prosecution of the violation of state law as part of plea negotiations between Wells and the United States. Assistant United States Attorney William A. Behe was specially appointed by Dauphin County District Attorney Edward Marsico as a Special Assistant District Attorney to handle the Wells prosecution and other related prosecutions that may arise from the ongoing federal investigation.
# # #Two New York Men Sentenced for Trafficking HeroinRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Nelson, age 42, and Greg Bush, age 53, both of Brooklyn, New York were sentenced in federal court in Scranton on charges of trafficking in 100 grams or more of heroin.
United States District Court Judge Robert D. Mariani sentenced Nelson to 37 months imprisonment and Bush was sentenced to 60 months imprisonment. This case involved the prosecution of 8 defendants. Five have been previously sentenced. One went to trial, was convicted, and is awaiting sentencing.
According to the United States Attorney Peter Smith, both Nelson and Bush were part of an Indictment that was filed on October 16, 2012 in the Middle District of Pennsylvania. The Indictment charged that between September 2011 through May 2012, Nelson and Bush were involved in a conspiracy to distribute and possessed with intent to distribute 100 grams or more of heroin from New York to Scranton and Wilkes-Barre, Pennsylvania.
The prosecution arose from the efforts of a joint investigation conducted by the Drug Enforcement Agency in Scranton, the Lackawanna County District Attorney’s Office – Detective Division, the Pennsylvania State Police, as well as both the Scranton and Wilkes-Barre Police Departments. Assistant United States Attorney Michelle Olshefski prosecuted the case.
Former Pennsylvania Treasurer Robert M. McCord Pleads Guilty to Two Counts of Attempted ExtortionRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that former Pennsylvania State Treasurer Robert M. McCord pleaded guilty to two counts of attempted extortion in violation of Title 18, United States Code Section 1951(a).
Each count is punishable by up to 20 years’ imprisonment and fine of up to $250,000. U.S. District Court Judge John E. Jones, III, accepted the guilty plea and scheduled a pre-sentence conference for June 29, 2015.Mr. McCord admitted that he attempted to extort campaign contributions from a law firm and a property management company while he was running for Governor by threatening economic harm to the potential donors if they failed to make sufficient campaign contributions. In particular, McCord threatened to use his position as State Treasurer to interfere with the business that the law firm and property management firm were conducting with the state if they did not make the contributions.
First Assistant U.S. Attorney Dennis C. Pfannenschmidt was designated United States Attorney for this case because United States Attorney Peter J. Smith recused himself. Mr. Smith previously worked for Mr. McCord for a short period of time at the Pennsylvania Treasury Department.
Mr. Pfannenschmidt stated that “public corruption cases are some of the most serious cases our office handles and this case indicates a serious breach of the public trust. Our office is committed to working with our law enforcement partners in holding public officials responsible for their violation of the public trust.”
“The citizens of the Commonwealth expect and deserve public officials who perform their duties free of deceit, favoritism, bias, self-enrichment, concealment and conflict of interest,” said Special Agent in Charge Edward J. Hanko of the Philadelphia Division of the FBI. “Public corruption is an erosion of the public’s trust in our system of government, and the FBI stands committed to holding public officials accountable when they violate their oaths of office and betray that trust.”
"The abuse of power by elected officials tears at the fabric of society, undermines the rule of law and weakens public confidence in government," said Major Andrew Ashmar, Pennsylvania State Police, Bureau of Criminal Investigation. "The Pennsylvania State Police is steadfast in our commitment to bring to justice those who use the power of their office for personal gain rather than serving the best interest of the public."
“When our public officials fail to uphold the integrity of the office to which they were elected, the Internal Revenue Service, Criminal Investigation Division is committed to working with our fellow law enforcement agencies to restore the public’s trust,” said Special Agent in Charge Akeia Conner.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Internal Revenue Service, Criminal Investigation Division. The prosecution is assigned to Assistant United States Attorneys Michael A. Consiglio, William S. Houser, and Gordon A. D. Zubrod.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Federal Bank Robbery Charges Filed Against Scranton ManRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania has announced that a 16 count Criminal Information has been filed against Francis McBride, age 27 of Scranton, Pennsylvania, charging him with bank robbery, attempted bank robbery and interference with commerce by threats or violence.
According to the United States Attorney Peter Smith, the Information alleges that from March through August 2014, McBride engaged in a series of attempted bank robberies and one successful bank robbery in Pennsylvania, New Jersey and New York. The Information also alleges that McBride robbed four gas stations/convenience stores in Scranton and Moosic. McBride was arrested in August 2014.
The investigation was conducted by the Scranton office of the Federal Bureau of Investigation and the Scranton Police Department. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
McBride faces a maximum penalty of 20 years’ incarceration and a $250,000 fine for each count in the Information.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
(Information)
Scranton Man Charged with Attempt to Entice A Minor via the InternetRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a felony Criminal Information charging Hugo Perez Banda, age 27, of Scranton, Pennsylvania, was filed today in the United States District Court in Scranton.
According to United States Attorney Peter Smith, Perez was charged with allegedly attempting to entice a minor to engage in an unlawful sexual act by use of the internet during January 2014.The government filed a plea agreement with the defendant which is subject to approval by the Court.
The offense call for a mandatory minimum sentence of 10 years, a maximum sentence of up to life and a $250,000 fine.
The investigation was conducted by the Department of Homeland Security, Homeland Security Investigations, and the Scranton, Pennsylvania Police Department. The case is assigned to Assistant United States Attorney Todd K. Hinkley.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
Carbon County Man Sentenced to 15 Years in Prison for Producing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 47-year-old Kidder Township man was sentenced to 15 years in federal prison today by Senior U.S. District Court Judge Edwin M. Kosik in Scranton, for producing child pornography.
According to United States Attorney Peter Smith, the defendant, Todd Kowar, previously pleaded guilty to persuading and inducing a minor to engage in sexually explicit conduct for the purpose of producing images of such conduct. Kowar committed the crime between 2008 and December 2012.
The case against Kowar resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and Kidder Township Police. Kowar was indicted by a federal grand jury in July 2014.
Judge Kosik ordered that Kowar’s federal sentence run consecutive to a sentence he is currently serving in Carbon County for other charges. Kowar must also serve 10 years on supervised release following his prison sentence, and pay a $100 special assessment. Kowar must also undergo sex offender treatment and comply with sex offender restrictions and registration requirements when he is released from prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
Monroe County Man Charged with Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Stroudsburg man was arrested by federal agents yesterday on drug trafficking charges brought by a federal grand jury.
According to United States Attorney Peter Smith, the grand jury returned a Criminal Indictment last week alleging that Eddie Pace, age 40, conspired with others to distribute and possess with intent to distribute more than 100 grams of heroin and more than 500 grams of cocaine in Monroe County and elsewhere. The indictment also charges Pace with distributing heroin on November 6, 2014 and January 14, 2015.
The charges stem from an investigation by special agents of the Federal Bureau of Investigation, the Pennsylvania State Police, Monroe County Detectives, the Monroe County Drug Task Force, and the Stroud Area Regional Police Department.
Pace was arraigned on the charges today before U.S. Magistrate Judge Karoline Mehalchick in Scranton. He was ordered to be detained in prison pending trial in the case.
If he is convicted of the charges, Pace faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison for the conspiracy charge, and a potential maximum sentence of 30 years in prison for each distribution charge.
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 guilty 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.
(Indictment)
Operator of Northeastern Pennsylvania Investment Firm Charged with Two Million Dollar Fraud SchemeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania has filed criminal charges against Jason A. Muskey, age 37, of Moosic, Pennsylvania, the operator of a financial services firm, alleging that Muskey diverted approximately two million dollars from clients’ accounts at the firm over a seven year period from 2007 to 2014.
According to United States Attorney Peter Smith, Muskey is charged with mail fraud, money laundering and identity theft in a Criminal Information filed today in the United States District Court in Scranton. The charges allege that Muskey, through his firm, Muskey Financial Services, offered financial advice and investment services to clients. After being entrusted with his clients’ funds, Muskey allegedly 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 allegedly falsely represented to clients that the funds were being used to better their investments. When clients requested return or withdrawal of their funds, Muskey allegedly took funds from accounts of other clients and purchased cashier checks to pay the clients who requested withdrawal. Some of the diverted funds came from individual retirement accounts (IRA’s) of clients. Muskey also allegedly used identification information of other persons to gain access to funds to carry out his scheme.
According to the United States Attorney’s Office, there were approximately 26 victims of Muskey’s scheme. The Criminal Information alleges that the government is seeking forfeiture of property obtained with the proceeds of the fraud scheme, including:
- property in Nuangola, Pennsylvania; - proceeds from property in Moosic, Pennsylvania; - timeshare properties in Mountain Laurel Resort and Spa, White Haven, Pennsylvania and the Grand Cayman Island Resort; - the contents of bank accounts at PNC Bank, Peoples Security Bank and a Union Central 401(k) plan; - two boats, three trailers and a pickup truck.
The Government also filed a plea agreement with the defendant which is subject to the approval of the court. If convicted, Muskey faces a maximum of 22 years in prison and $1,000,000 in fines.
The investigation is being conducted by the United States Secret Service with the assistance of the United States Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Michelle L. Olshefski.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
(Information)
Harrisburg Man Sentenced to 139 Months for Distribution of Crack CocaineRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that United States District Court Judge John E. Jones sentenced Terrell Hickerson, age 35, of Harrisburg, to 139 months’ imprisonment after Hickerson pleaded guilty in August 2014 to distribution and possession with intent to distribute cocaine base, also known as crack cocaine.
According to U.S. Attorney Peter Smith, as early as the fall of 2012, Hickerson began selling crack cocaine in the Harrisburg area. This conviction represents Hickerson’s third drug trafficking conviction; he was most recently released in September 2011 after serving a 97 month term of imprisonment for conspiracy to distribute crack cocaine.
This case was investigated by the Federal Bureau of Investigation Capital City Safe Streets Task Force, the Harrisburg Bureau of Police, the Hampden Township Police Department and the Dauphin County Drug Task Force. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.
Franklin County Woman Sentenced to 27 Months in Federal Drug Trafficking CaseRead the Press Release
The United States Attorney=s Office for the Middle District of Pennsylvania announced today that Senior U.S. District Court Judge Sylvia H. Rambo sentenced Perla Roman, 32, of Waynesboro, Pennsylvania to 27 months of incarceration for her participation in a drug trafficking conspiracy. On July 28, 2014, Roman pleaded guilty to conspiring with others to distribute and possess with the intent to distribute cocaine hydrochloride.
According to U.S. Attorney Peter Smith, from 2010 to 2013, Roman and others distributed cocaine hydrochloride in the Middle District of Pennsylvania, Maryland and Virginia. This organization obtained cocaine in Chicago, Illinois, transported it back to the Waynesboro, PA area and distributed it in the surrounding counties as well as Maryland and Virginia.
This case was investigated by the Drug Enforcement Administration and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
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.
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.
Former Rite Aid Vice President and New Jersey Businessman Plead Guilty in $29.1 Million Fraud & Kickback SchemeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a former Rite Aid Vice President and a New Jersey business man have pleaded guilty to charges in connection with a $29.1 million dollar surplus inventory sales/kickback scheme. Rite Aid is a publicly-owned national drug store chain with its headquarters located in Camp Hill, Pennsylvania.
During a hearing before U.S. District Court Judge John E. Jones III this afternoon, Jay Findling, age 54, of Manalapan, New Jersey, pleaded guilty to an Information charging him with Conspiracy to commit Wire Fraud. In a separate proceeding held earlier in the day, Judge Jones also accepted the guilty plea of former Rite Aid Vice President Timothy P. Foster, age 65, of Portland, Oregon, to the same Information charging him with False Statements to Authorities. Both charges are punishable by up to 5 years imprisonment and a $250,000 fine.
According to U.S. Attorney Peter Smith, the charges are based upon Foster’s and Findling’s 9 year conspiracy to defraud Rite Aid via a surplus inventory sales scheme. During the time period in question, Foster worked for Rite Aid in Oregon. As the Vice President for Quality Assurance, Foster’s primary responsibilities involved the liquidation of surplus Rite Aid inventory across the United States. The scheme succeeded by making Rite Aid believe its surplus inventory had been sold to Findling’s company, J. Finn Industries, LLC, for amounts reported by Foster when, in fact, the inventory had been sold to third parties for greater amounts. Findling would then kick back a portion of his profits to Foster. The scheme started in 2001 and continued until February of 2010 when Foster resigned from Rite Aid.
During the guilty plea proceeding Findling admitted he established a bank account in New Jersey under the name of “Rite Aid Salvage Liquidation.” The account was used by the conspirators to collect the payments from the real buyers of the surplus Rite Aid inventory. After the payments were received, Findling would send lesser amounts dictated by Foster to Rite Aid for the goods, thus inducing Rite Aid to believe the inventory had been purchased by J. Finn Industries, not the real buyers. During the guilty plea proceeding the government alleged Findling received at least $127.7 million from the real buyers of the surplus Rite Aid inventory but, with Foster’s help, only tendered $98.6 million of that amount to Rite Aid, leaving Findling approximately $29.1 million in profits from the scheme. The government also alleged Findling kicked back approximately $5.7 million of the $29.1 million to Foster.
Foster admitted during his guilty plea hearing that he knowingly and willfully lied when he was interviewed by the FBI in January of 2014 and denied he conspired with Findling to defraud Rite Aid. Foster subsequently recanted his false statements when he was re-interviewed by the FBI on May 1, 2014. During that interview Foster not only admitted he conspired to defraud Rite Aid with Findling, he voluntarily surrendered $2.9 million in cash he had received from Findling over the life of the conspiracy. Foster had stored the cash stored in three 5 gallon paint containers in his Phoenix, Arizona garage.
The Information was filed pursuant to plea agreements with the two defendants. Both agreements require the defendants to cooperate with the government and to pay restitution to Rite Aid as ordered by the court. Findling’s plea agreement also obligated him to make a $11.6 million dollar, lump sum forfeiture payment to the government, which Findling turned over to the U.S. Marshal Service Asset Forfeiture Fund at the conclusion of the hearing.
The case was investigated by the Harrisburg Office of the FBI. Both defendants are being prosecuted by Assistant United States Attorney Kim Douglas Daniel assisted by David Clark, Litigation Financial Analyst.
Pike County Man Pleads Guilty to Receiving and Distributing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Dingman’s Ferry man pleaded guilty today before U.S. District Court Judge Malachy E. Mannion in Scranton, to receiving and distributing child pornography.
According to United States Attorney Peter Smith, the defendant, Daniel Decker, age 29, admitted that he used a computer between January 2, 2015 and January 20, 2015, to obtain and distribute images of young children engaged in sexually explicit conduct.
Decker was charged in an Information filed by the United States Attorney on February 2, 2015. The charge resulted from an investigation by the Federal Bureau of Investigation and the Lackawanna County District Attorney’s Office.
Decker faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison. A sentencing date will be scheduled after the completion of a pre-sentence investigation report.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Scranton Woman Arrested by Federal Agents for Unlawfully Acquiring FirearmsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Scranton woman was arrested by federal agents yesterday for making false representations in connection with the acquisition of firearms.
According to United States Attorney Peter Smith, a federal grand jury sitting in Scranton indicted Kimberly Royce, age 49, in October 2014 on two counts of making false statements to a federally licensed firearms dealer in Luzerne County to acquire firearms. The two-count indictment alleges that Royce obtained a 9mm pistol on January 30, 2013, and a .45 caliber pistol on March 29, 2013, and that she falsely represented that she was not purchasing them for another person and was not an unlawful user of a controlled substance. Royce surrendered to federal agents this morning.
The charges stem from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Wilkes-Barre Police, and Kingston Police.
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of 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 the federal statute is 10 years imprisonment on each count, 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.
Monroe County Man Sentenced to Six Years in Prison for Crack Cocaine TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 35-year-old Stroudsburg area man was sentenced to six years in prison by United States District Court Judge Robert D. Mariani for distributing crack cocaine in the Monroe County area in 2013.
According to United States Attorney Peter Smith, the defendant, Jose Hernandez-Tirado, previously pleaded guilty to distribution and possession with intent to distribute crack cocaine.
Hernandez-Tirado was charged in an Information filed in August 2014. The charge against Hernandez-Tirado resulted from an investigation by the Drug Enforcement Administration, Homeland Security Investigations, the Pennsylvania State Police, and Berks County Detectives.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
# # #
Dominican Man Sentenced in Federal Court for Heroin Distribution in HazletonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Santiago Guerrero-Nova, age 31, formerly of Hazleton, Pennsylvania, was sentenced to 17 months, the length of time he has been in prison since his arrest for distributing heroin in Hazleton, Pennsylvania on August 28, 2013. Guerrero-Nova, who was not legally in the United States at the time of the offense, now faces deportation proceedings to the Dominican Republic, his native country.
According to United States Attorney Peter Smith, Guerrero-Novo previously pleaded guilty to a criminal information charging him with heroin distribution. The charges were the result of an investigation conducted by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant United States Attorney John Gurganus prosecuted the case.
Tobyhanna Woman Charged with Social Security FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury in Scranton has issued an indictment charging a Tobyhanna woman with devising and carrying out a scheme to defraud the Social Security Administration (SSA) of financial benefits intended for low-income individuals and families.
According to United States Attorney Peter Smith, the indictment alleges that Darlene Loveless, aged 50, of Tobyhanna, Pennsylvania, received a substantial inheritance in 2007 but claimed not to have any significant family resources when she was interviewed by a representative of the SSA in early 2010. As a result, Loveless allegedly continued to collect Supplemental Security Income benefits on behalf of her adopted daughter in 2010, 2011, and 2012, despite the fact that the majority of the inheritance allegedly remained in the possession of Loveless during the time that the benefits were being paid to her as a “representative payee.”
The investigation was conducted by the Social Security Administration. Prosecution is assigned to Assistant United States Attorney Peter Hobart.
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.
In this case, the maximum penalty under federal law for Fraudulent Acts in relation to Supplemental Security Income is five (5) years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine, and the maximum penalty for Theft of Government Property is ten (10) 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.
(Indictment)
New York Man Charged with Federal Firearms CrimeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an indictment was returned by a grand jury charging a New York man with being a felon in possession of a firearm/ammunition and possession of a controlled substance.
According to United States Attorney Peter Smith, the indictment alleges that Tyrone Greene, aged 41, of New York City, was arrested on November 20, 2014, by the Hanover Township Police for possession of a loaded, .40 caliber, Beretta handgun and a plastic bag containing marijuana. At the time of his arrest Greene had a prior felony conviction making it illegal for him to possess a firearm.
Greene faces up to 11 years in prison and fines of up to $500,000.The investigation was conducted by the Federal Bureau of Investigation and the Hanover Township Police. The case is being prosecuted by Assistant United States Attorney Peter Hobart.
The maximum penalty under federal law for being a felon in possession of a firearm is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for possessing marijuana is up to 1 year of imprisonment, a term of supervised release following imprisonment, and a fine.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
(Indictment)
Long Island Man Sentenced to Prison on Drug ChargeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Long Island man was sentenced on January 29, 2015 in federal court in Wilkes-Barre, by Senior United States District Judge A. Richard Caputo, to serve 42 months in prison on a charge of conspiracy to distribute methylone.
According to United States Attorney Peter Smith, Richard King, age 30, a resident of Long Island, New York, pleaded guilty to the charge in September of last year. King was ordered to serve an additional 3 years’ under court supervision upon his release from prison.
King was charged after an investigation conducted by the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. The investigation commenced after law enforcement agents in Tennessee seized approximately three kilograms of methylone, a controlled substance “club drug,” commonly known as “molly,” that had been imported into the United States from China. The investigation revealed that individuals in Luzerne County were importing the drugs from China and distributing them in Pennsylvania to Richard King, and others, who then distributed the drugs in clubs in New York City.The case was prosecuted by Assistant United States Attorney William S. Houser.
York Men Affiliated with Latin Kings Street Gang Enter Guilty Pleas to Puerto Rico-York Drug Trafficking and Firearms OffensesRead the Press Release
The United States Attorney's Office for the Middle District Pennsylvania announced that three men have entered guilty pleas to drug trafficking and firearms offenses for their roles in the importation from Puerto Rico and distribution of kilograms of heroin and cocaine into York, Pennsylvania.
According to United States Attorney Peter Smith, on January 29, 2015, Angel Mendez-Castro, age 27, of Puerto Rico and York, entered a guilty plea to conspiracy to import and distribute over five kilograms of cocaine and heroin from 2010 to 2013. Mendez-Castro also admitted to using threats of violence against witnesses and firearms to protect the trafficking between Puerto Rico and York. The maximum penalty for the offense is a ten-year mandatory sentence and a maximum punishment of life in prison.
The Mendez-Castro guilty plea is the culmination of multi-year investigation by the Pennsylvania State Police and the York County Drug Task Force, conducted with the assistance of the Federal Bureau of Investigation. The investigation involved hundreds of purchases of heroin, cocaine, and crack cocaine made from over one hundred individuals in York. Many of the individuals involved in the conspiracy were arrested in a sweep that began on February 6, 2013, in York County. Thereafter, 15 individuals were indicted by a federal grand jury in Harrisburg for leadership roles in the heroin and cocaine trafficking.
On January 29, 2015, Angel Mendez-Castro’s brother and cousin entered guilty pleas. Christian Mendez-Castro, a/k/a “King Rampage,” age 22, of Puerto Rico and York, entered a guilty plea to drug trafficking conspiracy. Hector Castro-Padro, a/k/a “Fernando,” age 29, of York, entered a plea to drug trafficking and firearms offenses. A sentencing date for these three defendants has not been set by the U.S. District Court Judge Yvette Kane.
As part of the overall investigation, the United States Attorney’s Office charged others affiliated with the distribution of heroin and cocaine in York. The status of the other cases is as follows:
William Ortiz, age 53, of York, pleaded guilty to drug trafficking. On August 21, 2014, he was sentenced to 10 years in prison.
Luis Angel Ortiz, a/k/a “C Lo,” age 31, of York, pleaded guilty to drug trafficking. On April 15, 2014, he was sentenced to twelve (12) years and six (6) months in prison.
Jose Cartegena, Jr., a/k/a “Warrior,” age 35, of York, pleaded guilty to drug trafficking. On April 28, 2014, he was sentence to 60 months in prison.
Marcus Garcia, a/k/a “King Paradise,” age 28, of York, pleaded guilty to drug trafficking. On September 5, 2014, he was sentenced to six (6) years and five (5) months in prison.
David Ramsey, a/k/a “King Knuckles,” age 32, of York, pleaded guilty to drug trafficking. On December 9, 2014, he was sentenced to five (5) years in prison.
Carlos Villalongo-Martinez, age 38, of York, pleaded guilty to drug trafficking. On July 29, 2014, he was sentenced to two (2) years in prison.
Brandon Jones, age 27, of York, pleaded guilty to drug trafficking. On June 3, 2014, he was sentenced to six (6) years in prison.
Antonio Navarro-Garcia, a/k/a “King Trigger,” age 22, of York, pleaded guilty to drug trafficking. On November 25, 2014, he was sentenced to five (5) years in prison.
Michael Enriquez, a/k/a “King Rage,” age 30, of Camden, New Jersey, pleaded guilty to drug trafficking. On January 27, 2015, he was sentenced to ten (10) years in prison.
Hector Rengifo, age 40, of York, pleaded guilty to drug trafficking on August 4, 2014. He is awaiting sentencing.
August Ranalli, age 31, and Daniel Pacheco-Morels, age 41, both of York, are scheduled for trial on March 31, 2015.
Prosecution of the cases is assigned to Assistant United States Attorney Michael A. Consiglio.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In these particular cases, the maximum penalty under the federal statute is life imprisonment for the defendants and a term of supervised release following imprisonment and a fine. Each defendant also faces a mandatory minimum period of incarceration of ten 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.
Pike County Man Charged with Receiving and Distributing Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that an Information was filed today charging a Dingman’s Ferry man with receiving and distributing child pornography.
According to United States Attorney Peter Smith, the Information alleges that Daniel Decker, age 29, used a computer between January 2, 2015 and January 20, 2015, to receive and distribute images of young children engaged in sexually explicit conduct.
The charge stems from an investigation by the Federal Bureau of Investigation and the Lackawanna County district Attorney’s Office.
Decker faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 20 years in prison if he is convicted of the charge.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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 guilty 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.
Pennsylvania Treasurer Robert M. McCord Charged with Two Counts of Attempted ExtortionRead the Press Release
The United States Attorney's Office for the Middle District of Pennsylvania announced that a criminal Information was filed against Pennsylvania State Treasurer Robert M. McCord charging him with two counts of attempted extortion in violation of Title 18, United States Code Section 1951(a). Each count is punishable by up to 20 years’ imprisonment and fine of up to $250,000. In addition, a plea agreement was filed indicating that Mr. McCord will plead guilty to both charges when he appears in federal court for his arraignment.
The case has been assigned to U.S. District Court Judge John E. Jones, III, and the arraignment is scheduled to occur on February 17, 2015 at 10:00 a.m.According to the Information filed today, Mr. McCord attempted to extort campaign contributions from a law firm and a property management company while he was running for Governor by threatening economic harm to the potential donors if they failed to make sufficient campaign contributions. In particular, McCord threatened to use his position as State Treasurer to interfere with the business that the law firm and property management firm were conducting with the state if they did not make the contributions.
Attached to the plea agreement is a joint statement of facts agreed to by the parties. The statement outlines the facts underlying the criminal charges in greater detail.
First Assistant U.S. Attorney Dennis C. Pfannenschmidt was designated United States Attorney for this case because United States Attorney Peter J. Smith recused himself. Mr. Smith previously worked for Mr. McCord for a short period of time at the Pennsylvania Treasury Department.
Mr. Pfannenschmidt stated that “public corruption cases are some of the most serious cases our office handles and this case indicates a serious breach of the public trust. Our office is committed to working with our law enforcement partners in holding public officials responsible for their violation of the public trust.”
“The citizens of the Commonwealth expect and deserve public officials who perform their duties free of deceit, favoritism, bias, self-enrichment, concealment and conflict of interest,” said Special Agent in Charge Edward J. Hanko of the Philadelphia Division of the FBI. “Public corruption is an erosion of the public’s trust in our system of government, and the FBI stands committed to holding public officials accountable when they violate their oaths of office and betray that trust.”
"The abuse of power by elected officials tears at the fabric of society, undermines the rule of law and weakens public confidence in government," said Major Andrew Ashmar, Pennsylvania State Police, Bureau of Criminal Investigation. "The Pennsylvania State Police is steadfast in our commitment to bring to justice those who use the power of their office for personal gain rather than serving the best interest of the public."
“When our public officials fail to uphold the integrity of the office to which they were elected, the Internal Revenue Service, Criminal Investigation Division is committed to working with our fellow law enforcement agencies to restore the public’s trust,” said Special Agent in Charge Akeia Conner.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Internal Revenue Service, Criminal Investigation Division. The prosecution is assigned to Assistant United States Attorneys Michael A. Consiglio, William S. Houser, and Gordon A. D. Zubrod.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
(Information)
(Plea Agreement)
(Joint Statement of Facts)
Twelve Sentenced in Federal Court in Interstate Conspiracy Involving Bank Fraud, Money Laundering and Drug Manufacturing ChargesRead the Press Release
The United States Attorney=s Office for the Middle District of Pennsylvania announced that twelve individuals previously charged either by indictment or information have all been sentenced in federal court in Scranton. The federal charges involved conspiracy to commit bank fraud, money laundering, and the manufacture of marijuana in Northeastern Pennsylvania and New Jersey. The last of the defendants, Antonio Figueredo was sentenced on January 26, 2015.
According to United States Attorney Peter Smith, Carlos Guerra-Lescay, age 52, Eileen Mesa, age 37, Ernesto Huerta Martin, age 52, Jose Frias, age 44, all from Newark, New Jersey, Martha Leon, age 51, Carlos Leon, age 50, both from Naples, Florida, Jose Arias Perdomo, age 38, Florida, Milagros Vargas, age 35, from Hialeah, Florida, Vivian Cruz, age 50, and Figueredo, age 44, both from Easton, Pennsylvania, Evelyn Ugalde, age 38, from Hopatcong, New Jersey, and Osleivy Gomez, age 37, North Bergen, New Jersey were all charged in connection with the case.
The defendants engaged in a scheme to acquire properties with false financial information submitted to various financial institutions located across the country. The properties, located in the Brodheadsville and Gilbert area of Monroe County, PA, Newark, NJ and Miami, FL were then used to facilitate indoor marijuana growing operations. Search warrants were executed by the Pennsylvania State Police at three of the properties in August 2011.
The defendants were federally charged at various times in December 2013, and all defendants plead guilty. The defendants were all sentenced on various dates by United States District Court Judge Robert D. Mariani as follows:
Carlos Guerra-Lescay – sentenced to 60 months imprisonment of conspiracy to commit money laundering and manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants. Guerra-Lescay is to pay $3,166,629.48 restitution.
Ernesto Heurta Martin – sentenced to 23 months imprisonment of conspiracy to manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants.
Jose Arias Perdomo – sentenced to 18 months imprisonment of conspiracy to manufacture, distribute, and possession with intent to distribute in excess of 100 marijuana plants.
Eileen Mesa – sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud.
Vivian Cruz – sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Cruz is to pay $518,984.39 restitution.
Jose Frias - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud.
Osleivy Gomez - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring conspiracy to commit bank fraud. Gomez is to pay $430,305.84 restitution.
Carlos Leon - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Leon is to pay $299,368.36 restitution.
Martha Leon - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Leon is to pay $299,368.36 restitution.
Milagros Vargas - sentenced to 3 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Vargas is to pay $411,736.00 restitution.
Evelyn Ugalde - sentenced to 2 years’ probation with 6 months house arrest/electronic monitoring for conspiracy to commit bank fraud. Ugalde is to pay $126,360.42 restitution.
Antonio Figueredo - sentenced to 3 years’ probation for conspiracy to commit bank fraud. Figueredo is to pay $518,984.39 restitution.
This case was investigated by the Drug Enforcement Administration, the Department of the Treasury - Internal Revenue Service, and the Pennsylvania State Police. The case was prosecuted by Assistant United States Attorney Michelle Olshefski.
Scranton Man Pleads Guilty to Sex Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28-year-old Scranton resident pleaded guilty today before Senior United States District Court Judge James M. Munley in Scranton, to conspiracy to commit sex trafficking of a minor.
According to United States Attorney Peter Smith, Sean Cantelmo admitted to conspiring with others to have a 17-year-old female engage in prostitution and illegal sexual activity during February through May 2014. Cantelmo admitted that he and others used a cell phone to post advertisements for "escort services" involving the minor female on a website, rented motel rooms in Lackawanna and Luzerne Counties to facilitate the prostitution activities, and purchased condoms for the minor to use when engaging in commercial sex acts.
Cantelmo was indicted by a federal grand jury in August 2014, as a result of an investigation by agents of the Homeland Security Investigations and the Pennsylvania State Police.
Judge Munley ordered a pre-sentence investigation to be completed, and scheduled Cantelmo’s sentencing for May 5, 2015. Cantelmo faces a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
Monroe County Man Pleads Guilty to Federal Heroin Trafficking and Firearms ChargesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man pleaded guilty today in United States District Court in Scranton, before Senior United States District Judge Edwin M. Kosik, to heroin trafficking and firearms charges.
According to United States Attorney Peter Smith, Joseph Crawford, age 41, of Marshalls Creek, pleaded guilty to the charges of possession with intent to distribute heroin and being a convicted felon in possession of firearms. Crawford and another man, Harry Rivera, age 39, of East Stroudsburg, were indicted by a grand jury in Scranton in November 2014. The charges stemmed from an incident on June 17, 2014, in Monroe County, in which investigators found approximately 97 grams of heroin within a hidden compartment in a vehicle in which Crawford and Rivera were travelling. In addition, police seized a Glock pistol and a Smith &Wesson rifle after a search of Crawford’s residence in Marshall’s Creek. Crawford, who was previously convicted of a felony offense, is prohibited by law from possessing a firearm.
The charges against Rivera are currently pending.
The investigation was conducted by the Drug Enforcement Administration, the Pennsylvania State Police, the Pocono Mountain Regional Police Department and the Stroud Area Regional Police Department. The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for all charges under the federal statutes is imprisonment for 30 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public, and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Woman Charged in A Multi-state Bank Fraud and Identity Theft SchemeRead the Press Release
The United States Attorney for the Middle District of Pennsylvania announced today that an indictment was returned by a grand jury charging a New York woman with bank fraud and aggravated identity theft.
Njeri Bowen, age 26, a resident of New York, defrauded a PNC Bank in State College and more than 25 PNC Bank customers of approximately $138,000.
According to United States Attorney Peter Smith, Bowen and her co-conspirators operated out of New York City and as part of the scheme, Bowen obtained PNC Bank customer names and account numbers. Bowen traveled to PNC Bank branches located in several states, including Pennsylvania, Ohio, Kentucky, North Carolina, Georgia, West Virginia, and Alabama, where she impersonated bank account holders and made cash withdrawals from the customers' accounts. In each fraudulent withdrawal, Bowen withdrew between $4,500.00 to $6,500.00 in cash.
The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Maryland State Police. The case is being prosecuted by 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 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 the federal bank fraud statute is 30 years' imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under the federal aggravated identity theft statute is a mandatory two-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.
Reading Man Sentenced to 66 Months in Prison for Role in Monroe County-Based Drug ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Reading, Pennsylvania man was sentenced to 66 months in prison yesterday by U.S. District Court Judge Robert D. Mariani in Scranton, for participating in a conspiracy to distribute heroin, cocaine, and other drugs in the Monroe-Berks County area of Pennsylvania.According to United States Attorney Peter Smith, the defendant, Luis Linarez , previously pleaded guilty to conspiring with others between 2010 and 2013, to distribute more than 500 grams of cocaine, more than 100 grams of heroin, and Oxycontin (oxycodone).
Linarez was indicted by a federal grand jury in June 2013, as a result of an investigation by the Drug Enforcement Administration, investigators from the Department of Homeland Security, the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, and Berks County Detectives.
Judge Mariani also ordered Linarez to serve four years on supervised release following his prison sentence. Linarez must also pay a $100 special assessment.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
# # #
Adams County Woman Sentenced to Three Years in Federal Alien Smuggling CaseRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that on January 26 Chief Judge Christopher C. Conner sentenced Martha Ortiz, 46, of Gettysburg, Pennsylvania to 36 months in prison for her participation in alien smuggling. On July 23, 2014, Ortiz pleaded guilty to bringing aliens to the United States and conspiring with her husband and others to carry out the scheme.
According to U.S. Attorney Peter Smith, in August and September 2013, Ortiz and others smuggled aliens across the United States-Mexico border by commercial aircraft, in a vehicle with a hidden compartment or “trap” to conceal their presence from law enforcement and on foot. At least two of these aliens, including a 7 year old boy, traveled from Mexico, through Texas and ultimately into Central Pennsylvania. Ortiz was paid for bringing aliens across the border. On September 24, 2013, Ortiz and her husband were stopped with tickets to Mexico City at the Harrisburg International Airport by agents from DEA and taken into custody.
This case was investigated by the Drug Enforcement Administration and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Columbia County Attorney Charged in Internet "Bath Salts" and "Spice" Trafficking NetworkRead the Press Release
The United States Attorney’s Office announced the return of a four-count superseding indictment by the federal grand jury in Williamsport charging Lindsay Lee-Lampshire and attorney Clyde Kevin Middleton with conspiracy offenses involving mail fraud, distribution of controlled substance analogues, introduction of misbranded drugs, and money laundering.
According to United States Attorney Peter Smith, the indictment alleges that from September 2009 through the present, Lee-Lampshire, Middleton, Paul Chomiak, Adam Stein, and Kyle Savitski marketed and distributed controlled substance analogues and misbranded drugs, commonly referred to as “bath salts” and “spice,” using Internet web sites and two stores in Bloomsburg operated as Symplegades Requiem and Reflectionz. The indictment alleges that the defendants fraudulently marketed the products as novelties not for human consumption, when in fact the products were being used to obtain the same physical effects as controlled substances.
Lee-Lampshire was previously charged with Chomiak, Stein, and Savitsky in the initial indictment returned in October 2013.
Middleton appeared in federal court in Williamsport yesterday afternoon before United States Magistrate Judge Martin C. Carlson and was released on his own recognizance. Chomiak, Stein, and Savitsky have entered guilty pleas and are presently awaiting sentencing before United States District Judge Matthew Brann. Jury selection and trial for Middleton and Lampshire is set for April 6, 2015.
Lee-Lampshire, age 32, is a resident of Cedar Rapids, Iowa. Middleton, age 55, is a resident of Bloomsburg, Pennsylvania.
The mail fraud and conspiracy counts carry 20-year maximum prison terms and fines equal to the greater of twice the amount of the laundered funds or $500,000. The drug conspiracy count carries a maximum term of 20 years and a fine of up to $1,000,000. The misbranded drug distribution conspiracy has a five-year maximum prison term and a $250,000 fine and the distribution of misbranded drugs carries a three-year maximum prison sentence and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, the Food and Drug Administration, the United States Postal Inspection Service, and the Columbia County Drug Task Force. Prosecution is assigned to Assistant United States Attorney George J. Rocktashel.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Wilkes-barre Township Volunteer Fire Department Chief Sentenced to Six Months in Prison for Stealing Department FundsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that John Yuknavich, age 51, former Chief of the Wilkes-Barre Township Volunteer Fire Department, was sentenced by U.S. District Court Judge Edwin M. Kosik to six months in federal prison for stealing $45,000 from the fire department and Wilkes-Barre Township in the course of his duties as Chief of that fire department between 2008 and 2011. Yuknavich was further ordered to serve six months of home confinement upon release from incarceration, followed by three years of supervised release.
According to United States Attorney Peter Smith, Yuknavich was responsible for ensuring the deposit of monthly funds received from Wilkes-Barre Township, as well as all other funds received either through charitable contributions or annual state aid received from the Commonwealth of Pennsylvania. Yuknavich allegedly deposited only part of the monthly $3500 check received from Wilkes-Barre Township intended to pay fire department bills, and took the remainder of the check in cash, most of which he used for his personal benefit.
Federal law prohibits theft or intentional misapplication of $5,000 or more from local government programs that receive more than $10,000 in federal funds annually.
The Government also filed an additional sentencing agreement wherein Yuknavich agreed to resign completely from the Wilkes-Barre Township fire department and the Wilkes-Barre Township Fire Hall in all capacities, effective immediately. He was also ordered to pay $45,000 in restitution.
The prosecution is the result of a joint investigation by the Federal Bureau of Investigation (FBI), the Luzerne County District Attorney’s Office, and the Pennsylvania State Police with the assistance of the Pennsylvania Department of the Auditor General. Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.
Fulton County Man Charged Federally with Firearms ViolationsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a federal grand jury in Harrisburg, Pennsylvania, handed down a three-count indictment against Darren L. Hamil, age 43, of Needmore, Fulton County, Pennsylvania.
According to U.S. Attorney Peter Smith, the indictment charges Hamil with two counts of being a convicted felon in possession of a firearm, and with making a false statement in connection with the attempted purchase of a firearm by denying that he had ever been previously convicted of a felony offense.
The charges stem from a December 27, 2014 incident and search at Hamil’s home when Pennsylvania State Police responded to a domestic disturbance report.
The case was investigated by the Bureau of Alcohol, Tobacco and Firearms and by the Pennsylvania State Police. Assistant U.S. Attorney Gordon Zubrod oversaw the grand jury investigation and has been assigned to prosecute the case.
The maximum sentence Hamil faces is 10 years imprisonment and a $250,000 fine.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
Kingston Woman Indicted for Unlawfully Acquiring A FirearmRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Kingston woman who was indicted by a federal grand jury in October 2014, was arrested today for allegedly making false representations in connection with the acquisition of a firearm.
According to United States Attorney Peter Smith, the grand jury alleges that Lori Svab, age 49, made false statements to a federally licensed firearms dealer in Luzerne County to acquire a firearm. The indictment alleges that Svab obtained a .45 caliber pistol on February 8, 2014, and that she falsely represented that she was not purchasing the gun for another person.
The charge stems from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Wilkes-Barre Police, and Kingston Police.
Svab appeared in court today in Scranton before U.S. Magistrate Judge Karoline Mehalchick. Svab was released on her own recognizance under the supervision of the U.S. Probation Office.
Svab faces up to 10 years in prison and a $250,000 fine if she is convicted of the charge.
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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Harrisburg Man Sentenced to Four Months for Planning the Attempted Escape of His Son from PrisonRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Trickett Smith, Sr., age 77, of Harrisburg was sentenced to 4 months in prison following his conviction for planning the attempted escape of his son from prison to avoid extradition and lying to agents investigating that planned escape. The sentence was imposed by Senior U.S. District Judge William W. Caldwell.
Smith was charged in an indictment with attempting to arrange a prison escape, lying to federal agents about it, and trying to persuade someone else to lie to federal agents. In a written plea agreement filed with and accepted by the court, Smith pled to the escape and lying charges in exchange for dismissal of the obstruction charge. The charges stem from events surrounding the arrest and extradition of Smith’s son, William Trickett Smith II. In 2007, Smith II was arrested locally and charged in Peru for the murder of his wife. Peruvian authorities sought his extradition.Smith Sr. devised a plan to have his son escape from custody after Smith Sr. filed a false private criminal complaint that would cause a hearing to be scheduled, requiring Smith II to be transported to Harrisburg. The plan was that a stop would be made on the way, the transporting constable would be assaulted, and Smith II would escape. That plan failed because the criminal complaint was not approved by the district attorney and Smith II was moved to another prison. Smith Sr. then devised another plan for his son’s escape by paying off a prison guard. That plan failed because Smith II was extradited to Peru. Smith Sr. then lied about his plans and actions when questioned by the Federal Bureau of Investigation.
The case was investigated by the Federal Bureau of Investigation with assistance of detectives of the Dauphin County District Attorney’s Office, the Perry County Prison, and the U.S. Marshals Service.
(Government's Sentencing Memorandum)
Pennsylvania Man Sentenced to Sixty-three Months in Federal Prison for Drug Distribution and Conspiracy to Commit Money LaunderingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ronald Belciano, age 42, of Newtown Square, Pennsylvania was sentenced today by United States District Court Chief Judge Christopher C. Conner in Harrisburg to 63 months’ imprisonment and 4 years supervised release of conspiracy to distribute 100 kilograms of marijuana in and through central Pennsylvania and conspiracy to commit money laundering between December 2007 and November 2011.
According to U.S. Attorney Peter Smith, in 2011 Belciano rented a vehicle and paid a co-conspirator to drive the vehicle, containing $1,184,340 in U.S. currency, from Pennsylvania to California to pay for marijuana, some of which was grown on Belciano’s 190 acre property in Northern California. Agents obtained a search warrant for one of Belciano’s homes, located in Villanova, Pennsylvania. During the search, agents located $2, 582,920 in U.S. currency and 1.5 kilograms of marijuana. Law enforcement agents later located 68 kilograms of marijuana, $316,800 in U.S. currency and 59 paintings valued at over $600,000 in a storage locker and at a co-conspirator’s farm in Douglasville, Pennsylvania, used to warehouse and distribute the marijuana transported from California to Pennsylvania. Belciano was indicted by a grand jury in November 2011 and plead guilty in February 2014.
The assets seized and forfeited in this case, including a residence, a 190-acre property in Laytonville, California, the artwork obtained with proceeds of the illegal activity and later appraised at over $619,000, and $4,084,060 in U.S. currency.
Co-defendant Stephen Fanfera is scheduled for sentencing on January 22, 2015. Fifty thousand dollars in cash was forfeited in lieu of the equity in his Douglasville property. In a related case prosecuted by the U.S. Attorney’s Office in Philadelphia, a Villinova art dealer Nathan Isen was charged with money laundering on January 8, 2015.
“Today’s sentencing concludes a long term investigation on a drug trafficker who was living on the Main Line of Philadelphia,” said John Kelleghan, HSI Philadelphia special agent in charge. “When HSI, the Pennsylvania State Police, the United States Attorney’s Office, Pennsylvania Attorney General Bureau of Narcotics Investigations, Internal Revenue Service, Philadelphia Police Department, and the Philadelphia District Attorney’s Office are able to seize over $4 million in cash, narcotics, and other assets derived from distributing narcotics from a main line drug trafficker, we know we have successfully dismantled a large scale sophisticated organization.”
This case was investigated by Homeland Security Investigations/High Intensity Drug Trafficking Area/Financial Group which includes members from the Pennsylvania State Police, Pennsylvania Attorney General Bureau of Narcotics Investigations, Internal Revenue Service, Philadelphia Police Department, and the Philadelphia District Attorney’s Office. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.
Former Vice President at Harrisburg Area Community College Sentenced to Fifteen Months for Wire FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced today in Harrisburg that Nancy Rockey, age 55, of Harrisburg was sentenced by Chief U.S. District Court Judge Christopher C. Conner to 15 months in prison for wire fraud.
According to United States Attorney Peter Smith, Rockey was employed by Harrisburg Area Community College (HACC) from 1980 until her resignation in February 2012. At the time of her resignation, Rockey was Vice-President of the Harrisburg campus and Vice-President of College and Community Development.
In October 2013, Rockey was charged with using a credit card issued by HACC, to make online purchases of Target gift cards which she then used to purchase non-work-related items for herself, her family, and her friends. Rockey then created bogus invoices, later submitted to the HACC Finance Office, to conceal the unauthorized purchases.
Rockey is charged with purchasing approximately $228,000 worth of gift cards with her HACC credit card.
The investigation was conducted by the FBI and the Dauphin County Criminal Investigations Division. The case was prosecuted by Assistant U.S. Attorney Joseph J. Terz.
Luzerne County Woman Pleads Guilty to Conspiracy to Distribute "bath Salts"Read the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Pittston woman pleaded guilty today in Scranton before United States District Court Judge Malachy E. Mannion to participating in a conspiracy to distribute alpha-pvp, commonly known as “bath salts.”
According to United States Attorney Peter Smith, the defendant, Tiffany Pradel, admitted to her involvement in the conspiracy during 2011 through 2013.
Pradel was indicted by a federal grand jury in August 2014, following an investigation by Department of Homeland Security agents, the Pennsylvania State Police, and West Pittston Police.
The maximum sentence for the offense is 20 years in prison and a $1million fine. Judge Mannion ordered a pre-sentence investigation. Sentencing will be scheduled after the completion of the pre-sentence report.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Illinois Woman Sentenced to Prison for Travelling Interstate to Promote Heroin TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Mexican citizen residing in Illinois at the time of her arrest, was sentenced to 11 months in prison today in Scranton by United States District Court Judge Robert D. Mariani for interstate travel in aid of a drug trafficking conspiracy.
According to United States Attorney Peter Smith, the defendant, Maria Pina, age 44, previously admitted to transporting heroin from Illinois to Pennsylvania in February 2014.
Pina was charged in an Information filed in June 2014. The charge against Pina resulted from an investigation by the Drug Enforcement Administration, Homeland Security Investigators, the Pennsylvania State Police, and Berks County Detectives.
Immigration authorities have filed a detainer against Pina, who is subject to deportation proceedings and possible removal from the United States as a result of committing the felony offense.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Commonwealth of Pennsylvania to Pay $48.8 Million to Resolve Federal Government's Claims That It Provided Benefits to Ineligible AliensRead the Press Release
WASHINGTON – The commonwealth of Pennsylvania will pay $48.8 million to resolve the federal government’s claims that it provided benefits to ineligible aliens in violation of federal law, the Justice Department announced today. The benefits at issue were provided under three programs: Medicaid, Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps.
“The Department of Justice will continue to ensure that everyone, including the states, follows the law, but also recognizes the importance of these programs administered by the state that are essential for lower income individuals,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “This settlement demonstrates our commitment to protect taxpayer funds and ensure they are used for their intended purposes.”
Under the Personal Responsibility Work Opportunity Act, enacted in 1996, only documented aliens who meet certain low-income requirements and who have been in the country for more than five years may receive non-emergency Medicaid, TANF or SNAP benefits. The law also requires states to verify recipients’ eligibility before providing these means-tested benefits. The United States alleged that, between 2004 and 2010, the commonwealth of Pennsylvania provided Medicaid, TANF and SNAP benefits to ineligible aliens in violation of these restrictions.
“The staff of the civil division in our office has worked closely and diligently with our sister federal agencies, the Pennsylvania Department of Human Services and the Governor’s office to make needed corrections to the operation of programs that are vital to low income families,” said U.S. Attorney Peter J. Smith for the Middle District of Pennsylvania. “At the same time, after lengthy negotiations, a fair and reasonable settlement has been achieved in the best interest of Pennsylvania tax payers.”
“Our agency will continue to work hard to ensure taxpayer-funded benefits are provided only to those eligible to receive them,” said Special Agent in Charge Nick DiGiulio for the Department of Health and Human Services-Office of Inspector General’s (HHS-OIG) Philadelphia Regional Office.
We are pleased that this issue has been resolved,” said Administrator Audrey Rowe of the U.S. Department of Agriculture (USDA)’s Food and Nutrition Service. “We will continue to work with Pennsylvania to ensure that the SNAP program is administered appropriately to benefit only those who are eligible.”Acting Assistant Attorney General Branda thanked HHS-OIG, USDA’s Office of Inspector General and Food and Nutrition Service, the U.S. Attorney’s Office for the Middle District of Pennsylvania and the Civil Division’s Commercial Litigation Branch, for the collaboration that resulted in the settlement.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
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Wilkes-barre Man Sentenced to 5 Years in Federal Prison for Possessing Firearm in Connection with Drug TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 31-year-old Wilkes-Barre man was sentenced to five years in prison today by Senior U.S. District Court Judge Edwin M. Kosik for possessing a firearm in furtherance of a drug trafficking felony.
According to United States Attorney Peter Smith, the defendant, Tristan Somers, previously pleaded guilty to committing the crime in Wilkes-Barre during May 2014.
Somers was indicted by a federal grand jury on June 3, 2014, following an investigation by special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Wilkes-Barre Police, and Kingston Police.
Judge Kosik ordered Somers to be placed on two years of supervised release following his prison sentence, and pay a $100 special assessment.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Middletown Man Charged Federally with Receipt and Possession of Child PornographyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced a Criminal Information has been filed in United States District Court in Harrisburg charging Steven Alan Shepherd, age 30, of Middletown, with receipt and possession of child pornography.
According to U.S. Attorney Peter Smith, as a result of a search of Shepherd’s home on May 1, 2014 thousands of images of child pornography were discovered and seized. Shepherd allegedly received the material via a computer in 2010.
The Criminal Information also seeks forfeiture of computer equipment and accessories involved or used in connection with the offense.The government also filed a plea agreement which is subject to approval by the court. The offense carries a mandatory minimum of five years imprisonment and a $250,000 fine.
This case was investigated by the United States Postal Inspection Service and the Pennsylvania State Police and is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
Inmate at USP Canaan Sentenced to 20 Years in Prison for Assault with Intent to Murder Another InmateRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28-year-old inmate at the United States Penitentiary Canaan in Waymart, Pennsylvania, who admitted to assaulting a fellow inmate with the intent to commit murder, was sentenced to the statutory maximum of 20 years in prison today by Senior U.S. District Court Judge James M. Munley.
According to United States Attorney Peter Smith, the defendant, Joseph Wing, was serving a sentence of 540 months in prison at the time he committed the May 16, 2014 assault. Wing will begin serving today’s sentence after he completes serving the 540-month sentence. Judge Munley also ordered Wing to pay restitution to the Bureau of Prisons for its costs associated with the medical treatment of the victim.
Wing was indicted by a federal grand jury in June 2014, as a result of an investigation by the Federal Bureau of Investigation and Bureau of Prisons staff.
The case was prosecuted by Assistant U.S. Attorney Francis
P. Sempa.Chambersburg Man Indicted for Sex Trafficking of MinorsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that yesterday a federal grand jury in Harrisburg, returned an indictment against Albert E. Martinez, age 34, a resident of Chambersburg, Pennsylvania. The indictment charges Martinez with sex trafficking of a minor, transportation of an individual to engage in prostitution, and transportation of a minor with the intent to engage in sexual activity.
According to United States Attorney Peter Smith, Martinez allegedly recruited and transported females between the ages of 16 and 18 years old to engage in commercial sex acts in motels in Pennsylvania, Maryland, Virginia, West Virginia, Florida, and Rhode Island. Martinez allegedly rented motel rooms and posted “escort” advertisements and photographs on a website from October 2013 through September 2014.Late yesterday, Martinez was arrested by the FBI and the Chambersburg Police Department. He was arraigned today in Harrisburg before Chief Magistrate Judge Martin C. Carlson and ordered temporarily detained pending his detention hearing.
The maximum sentence for the charge is up to life imprisonment, a mandatory minimum sentence of 10 years’ imprisonment on the offenses involving a minor, and a $250,000 fine.This investigation, which is continuing, is being conducted by the Federal Bureau of Investigation, Chambersburg Police Department, and the Franklin County District Attorney’s Office, and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.
Anyone with information regarding this case is to contact the Harrisburg office of the FBI at 717-232-8686.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc for more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty 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.
California Man Pleads Guilty to Heroin TraffickingRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28-year-old Fresno, California resident pleaded guilty today before U.S. Magistrate Judge Karoline Mehalchick in Scranton, to possessing with intent to distribute more than one kilogram of heroin.
According to United States Attorney Peter Smith, the defendant, Jose Rosario Huizar-Rios, admitted to helping transport 23 kilograms of heroin, with a street value of more than $1 million, from California to the Mt. Pocono area of Monroe County in July 2014.
Huizar-Rios and three others were 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. One of the co-defendants, Livier Cantor-Huizar, previously entered a guilty plea and is awaiting sentencing.
Judge Mehalchick ordered a pre-sentence investigation report to be completed. Huizar-Rios will be sentenced by Senior U.S. District Court Judge Richard P. Conaboy at a future date.
Huizar-Rios faces a mandatory minimum sentence of 10 years in prison and a possible maximum sentence of life in prison. The defendant, who is not a U.S. citizen, also faces possible deportation from the United States.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Bradford County Man Pleads Guilty to Possessing Child Pornography and Wire FraudRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 68-year-old Sayre, Pennsylvania resident pleaded guilty today before U.S. Magistrate Judge Karoline Mehalchick in Scranton, to possessing child pornography and participating in a wire fraud scheme.
According to United States Attorney Peter Smith, the defendant, Harold Schrader, pleaded guilty to charges filed in November 2014. Schrader admitted that he possessed child pornography on a computer in 2012, and participated in a fraud scheme during 2008-2011. The fraud scheme involved using the internet to solicit overseas loans from others totaling more than $200,000. Those loans were never repaid.
The charges against Schrader resulted from an investigation by the Department of Homeland Security and the Pennsylvania State Police.
Schrader faces up to 30 years in prison and a $1 million fine for wire fraud, and up to 10 years in prison and a $250,000 fine for the child pornography charge. Schrader will be sentenced by Senior U.S. District Court Judge Richard P. Conaboy at a future date.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa.
Luzerne County Woman Pleads Guilty to Participating in Heroin Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Plymouth woman pleaded guilty today before Senior U.S. District Court Judge James M. Munley to conspiracy to distribute heroin in the Luzerne County area.
According to United States Attorney Peter Smith, the defendant, Megan Fox, age 28, admitted to participating in the drug trafficking conspiracy responsible for distributing large quantities of heroin during February through October 2014.
Fox was indicted along with five other defendants in October 2014, as a result of an investigation by The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Kingston Police, Plymouth Police, Wilkes-Barre Police, Edwardsville Police, and the Luzerne County District Attorney’s Office.
Judge Munley scheduled sentencing for April 21, 2015. Fox faces up to 20 years in prison and a $1 million fine.
The case is being prosecuted by Assistant U.S. Attorney Francis P. Sempa and Luzerne County Assistant District Attorney Jill Matthews who is assigned to this case as a Special Assistant U.S. Attorney.
Luzerne County Man Sentenced to Prison on Drug ChargeRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Luzerne County man was sentenced today, in federal court in Scranton, by Senior United States District Judge Edwin Kosik, to serve 60 months in prison on a charge of possession with intent to distribute marijuana.
According to United States Attorney Peter Smith, Michael Hughes, age 27, a resident of Kingston, pleaded guilty to the charge last year. Hughes was ordered to serve an additional 3 years’ under court supervision upon his release from prison.
Hughes was charged after an investigation conducted by the Kingston Police Department and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives resulted in the seizure of a firearm and a distribution quantity of marijuana from a vehicle operated by Hughes.The case was prosecuted by Former Assistant United States Attorney Amy Newman and Assistant United States Attorney William S. Houser.
Luzerne County Man Sentenced to 48 Months in Prison and Lifetime Supervision for His Role in Sex Trafficking ConspiracyRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Randy Coleman, Jr., age 32, Pittston, Pennsylvania, was sentenced today by Senior U.S. District Court Judge Edwin M. Kosik to 48 months in prison for his role in a conspiracy to recruit, harbor, and transport 17-year-old minor females to engage in commercial sex acts for money during the summer of 2013 in Luzerne and Dauphin counties. After serving his prison sentence, Coleman will be under probation supervision for life.
According to United States Attorney Peter Smith, Coleman admitted to participating in a scheme to use minor females to engage in prostitution. Coleman’s co-conspirators, including Gregory Boone, used cell phones to produce and transmit photographs of the females which were posted on a website to facilitate prostitution activities in motels in Luzerne County and in the Harrisburg area of Pennsylvania. Boone was recently sentenced to 72 months in prison for his role in the scheme.
Coleman was indicted by a federal grand jury in December 2013, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, Pittston Police, and the Luzerne County District Attorney’s Office.
Coleman will also have to register as a sex offender and comply with sex offender registration, notification, and association requirements.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc for more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Chambersburg Woman Pleads Guilty to Scheme to Impersonate an Irs Agent and Interference with Commerce by ThreatsRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Maria Colvard, age 49, of Chambersburg, has pled guilty to aiding and abetting impersonation of an employee of the United States, and interference with commerce by threats. Colvard entered her plea before United States Chief Judge Christopher C. Conner, in federal court in Harrisburg, Pennsylvania on January 6, 2015.
According to U.S. Attorney Peter Smith, between February and May 2013, Colvard convinced an employee at Tax Max LLC, a tax preparation service owned by Colvard, to claim to be a criminal investigator with the Internal Revenue Service to get money and a client list from a rival tax preparation business and to ultimately shut down the rival business.
Colvard was indicted in June 2013, arrested and released pending trial. A superseding indictment was filed in November 2013. While trial was pending, Colvard allegedly offered her employee $50,000 if she would take sole responsibility for the crimes without cooperating with law enforcement or involving Colvard. On January 6, 2014, Colvard attempted to get her co-defendant not to testify against Colvard. Part of the conditions of Colvard’s pre-trial release required Colvard not to have any contact, direct or indirect, with her co-defendant. The second superseding indictment was filed on January 15, 2014, additionally charging Colvard with two counts of witness tampering. Colvard was re-arrested and has been detained since January 16, 2014.
Judge Conner tentatively scheduled sentencing for April 14, 2015.
This case is being investigated by the United States Treasury Inspector General for Tax Administration (TIGTA) and is being prosecuted by Assistant United States Attorney Daryl F. Bloom.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this particular case, the maximum penalty under the federal statute is five years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
Former Florida Man Sentenced to 20 Years in Prison for Murder-for-hire Conspiracy and Related Firearms OffensesRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former resident of Cape Coral, Florida, was sentenced today to 20 years in prison by Senior U.S. District Court Judge A. Richard Caputo for conspiring with a Scranton man to commit a murder-for-hire and committing two related firearms offenses.
According to United States Attorney Peter Smith, the defendant, Edward McLaughlin, age 65, previously admitted to conspiring with Gary Williams to murder McLaughlin’s ex-wife. McLaughlin admitted to offering Williams a job with a company in Florida if he would carry-out the murder, and Williams agreed to do so.
The conspiracy began when McLaughlin and Williams were cell mates in the Pike County Prison in June 2011, and continued through June 2012. During that time period, McLaughlin shipped a German Mauser rifle and ammunition from Florida to Williams in Scranton, Pennsylvania, to be used to carry-out the murder. McLaughlin and Williams also used the mail and telephones in planning and attempting to carry-out the murder.
McLaughlin pleaded guilty to three crimes related to the interstate murder-for-hire scheme: conspiracy to use interstate facilities to commit a murder-for-hire; carrying and possessing a firearm in relation to and in furtherance of a crime of violence; and unlawfully shipping a firearm and ammunition in interstate commerce as a convicted felon.
The charges against McLaughlin resulted from an investigation by the Federal Bureau of Investigation and the Scranton Police Department.
Judge Caputo also ordered McLaughlin to serve three years on supervised release following his prison sentence, pay a special assessment of $300, and pay $2200 in restitution.
Gary Williams, McLaughlin’s co-defendant, was previously convicted by a jury of five counts related to the murder-for-hire scheme and was sentenced to 35 years in prison.
Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
****Bank Supervisor Sentenced to Prison for EmbezzlementRead the Press Release
The U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Shelly Ann Kocher, 42, Lehighton, Pennsylvania was sentenced today by U.S. District Court Judge Richard P. Conaboy to 27 months imprisonment, ordered to pay $444,570.22 in restitution and serve three years supervised release for embezzling approximately $376,924.16 from customers’ accounts while she worked as a customer service supervisor at Jim Thorpe National Bank in Jim Thorpe, Pennsylvania. Kocher was ordered to surrender to the Bureau of Prisons on February 11, 2015 to commence serving her sentence.
According to U.S. Attorney Peter Smith, Kocher was employed by Jim Thorpe National Bank from 1999 until May 2013. Kocher embezzled the funds by making unauthorized withdrawals from customers’ CD and savings accounts between 2002 and 2013. Upon discovery of the activity, the bank reimbursed the victims for their losses.
The case was investigated by the Scranton office of the FBI and was prosecuted by Bruce Brandler, Chief of the Criminal Division.
Luzerne County Man Sentenced to 72 Months in Prison for Conspiracy to Commit Sex Trafficking of A MinorRead the Press Release
The United States Attorney’s Office for the Middle District of Pennsylvania announced that Gregory Boone, age 30, Pittston, Pennsylvania, was sentenced today by Senior U.S. District Court Judge Edwin M. Kosik to 72 months in prison for conspiring with others to recruit, harbor, and transport minor females to engage in commercial sex acts for money during the summer of 2013 in Luzerne and Dauphin counties.
According to United States Attorney Peter Smith, Boone previously admitted to participating in a scheme to use minor females to engage in prostitution. Boone and his co-conspirators used cell phones to produce and transmit photographs of the females which were posted on a website to facilitate prostitution activities in motels in Luzerne County and in the Harrisburg area of Pennsylvania.
Boone was indicted by a federal grand jury in December 2013, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, Pittston Police, and the Luzerne County District Attorney’s Office.
Judge Kosik also ordered Boone to serve a life term of supervised release following his prison sentence. Boone will also have to register as a sex offender and comply with sex offender registration, notification, and association requirements.
The case was prosecuted by Assistant U.S. Attorney Francis P. Sempa.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."