Middle District of Pennsylvania

     The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a criminal information charging Santiago Guerrero-Nova, age 31, of Hazleton, Pennsylvania, with distributing heroin on August 28, 2013.

     United States Attorney Peter Smith stated that the charge is the result of an investigation conducted by the Federal Bureau of Investigation and the Pennsylvania State Police.  Prosecution is assigned to Assistant United States Attorney John Gurganus.

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

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

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

     The United States Attorney’s Office today announced the filing of a one-count information charging Dennis Wright with securities fraud.  Wright, a former agent of the AXA Equitable Life Insurance Company (“AXA”), operated Wright Associates in Lewistown, Pennsylvania.

     According to United States Attorney Peter Smith, the information alleges that from the early 1990’s through June 2012 Wright fraudulently induced AXA clients to liquidate securities and other assets based on false representations and promises that he would invest their monies and funds in what he purported to be “managed funds,” when, in fact, he never invested the funds, but instead deposited the client funds into his business operating account.  The information alleges that as a result of these false and fraudulent representations and promises, Wright received funds, totaling approximately $1,533,416, from at least 30 AXA clients via account transfers, withdrawals, and other means.

     Wright, a Lewistown resident, has agreed to plead guilty under the terms of a plea agreement filed with the information.  If convicted of the securities fraud charge Wright, age 68, faces a maximum penalty of 25 years in prison, a fine of $1 million, and a supervised release term of five years.

     Wright also is the subject of a parallel civil case filed today by the United States Securities and Exchange Commission in the United States District for the Middle District of Pennsylvania.

     The case was investigated by the Federal Bureau of Investigation with the assistance of the Securities and Exchange Commission.  Prosecution of this matter has been 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.                  

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO) announced today that a 42-year-old native and citizen of Mexico has been charged with improper entry into the United States.

     According to United States Attorney Peter Smith, Gerardo Bedolla-Diaz, age 42, was charged in a one-count information filed with the Court in Harrisburg today.

     The information alleges that Bedolla-Diaz, an illegal alien, did enter the United States at any time or place other than as designated by immigration officers and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.

     If convicted, Bedolla-Diaz faces a maximum sentence of up to six months’ imprisonment and a $5,000 fine

     This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO). It is being prosecuted by Special Assistant United States Attorney Alice Song Hartye.

     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.

     The United States Attorney's Office for the Middle District of Pennsylvania, announced today that charges have been filed against Megan Shellenberger, currently a resident of Oklahoma City, Oklahoma. 

     According to United States Attorney Peter Smith, Shellenberger, age 30, is charged in a one-count Information with providing contraband – cell phones – in December 2013 to an inmate serving a sentence at the Federal Correctional Institution, Allenwood Federal Penitentiary, White Deer, Pennsylvania, while Shellenberger was employed there.  Shellenberger has resigned from the Bureau of Prisons.

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

     The investigation was conducted by the Bureau of Prisons, Office of Inspector General, and Bureau of Prisons Special Investigation Service.  Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.

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

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

     In this case, the maximum penalty under the federal statute is one year 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced that separate criminal charges were filed yesterday against two illegal aliens.

     Fausto Cruz-Lopez, age 33, in the United States illegally was charged in a one-count indictment by a federal grand jury in Harrisburg yesterday.  The indictment alleges that Cruz-Lopez, previously arrested and deported from the United States in March 2013, knowingly and unlawfully reentered the United States and was apprehended in York County, Pennsylvania.

     If convicted, Cruz-Lopez faces a maximum sentence of up to 2 years’ imprisonment and a $250,000 fine.

     Estuardo Arana-Tobar, age 32, in the United States illegally was charged in a one-count indictment by a federal grand jury in Harrisburg yesterday.  The indictment alleges that Arana-Tobar, convicted in May 2006 of statutory sexual assault, previously arrested and deported from the United States in May 2007, knowingly and unlawfully reentered the United States and was apprehended in Franklin County, Pennsylvania.

     If convicted, Arana-Tobar faces a maximum sentence of up to 20 years’ imprisonment and a $250,000 fine.

     The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and are being prosecuted by Special Assistant United States Attorney Alice Song Hartye.

     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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of an Information in U.S. District Court in Scranton today charging a Monroe County man with conspiracy to distribute heroin.

     According to United States Attorney Peter Smith, Eric Rabb, age 45, of East Stroudsburg, Monroe County, is charged with participating in a conspiracy to distribute heroin in Monroe, Wayne and Lackawanna Counties in October of 2013.

     The investigation was conducted by the Lackawanna County Drug Task Force, the Drug Enforcement Administration and the Wayne County District Attorney’s Office.  The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.

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

     A sentence following a finding of 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 imprisonment for twenty 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that Brian J. Hymon, age 35, of Harrisburg, Pennsylvania was indicted yesterday and charged with social security fraud.

     According to U.S. Attorney Peter Smith, Hymon, as Representative Payee, repeatedly lied on Social Security Supplemental Security Income applications by failing to disclose household income and, which if considered would have made the recipient ineligible for such benefits.  The benefits were paid for over nine years, between December 2004 and December 2014, totaling $58,299.35.  If convicted, Hymon faces a term of imprisonment of up to five years and a fine of $250,000.

     This case is being investigated by the Social Security Administration Office of the Inspector General 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that Son Thach, 55, Harrisburg, Pennsylvania, pleaded guilty today before U.S. District Court Judge John E. Jones III to conspiracy to defraud the IRS of approximately $1 million in employment taxes between 2006 and 2012.

     According to U.S. Attorney Peter Smith, Thach and a co-conspirator operated five employee leasing companies which supplied day laborers to several businesses in the Harrisburg area.

     The employee leasing companies were known as V&S Services, Industrial Labor Services, Advance Labor Services, HD Staffing Services and TD Staffing.  Between 2006 and 2012, these five businesses paid cash wages of more than $7 million to their employees without withholding any employment taxes, such as social security and Medicare taxes.  As a result, approximately $1 million in employment taxes were not collected and paid to the IRS, as required by federal law.

     Thach was indicted by a grand jury on July 10, 2014 along with Vanny Son and Hung Danh, also of Harrisburg.  Son is scheduled for trial in December 2014 and Danh remains a fugitive.

     Thach faces up to five years’ imprisonment, a $250,000 fine and up to three years’ supervised release as well as restitution to the IRS as a result of the guilty plea.  No date has been set for sentencing.

     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.

     The case was investigated by the Criminal Investigation Division of the IRS and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.                              

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     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton today charged an inmate at a state prison with mailing communications threatening to injure and kill a state court judge in Monroe County.

     According to United States Attorney Peter Smith, the defendant, Devon Williams, age 24, an inmate at the State Correctional Institution in Albion, Pennsylvania, allegedly mailed a letter in January 2014 from the prison to the Monroe County Courthouse threatening to injure and kill a judge of the Court of Common Pleas. 

     The charge stems from an investigation by the United States Postal Inspection Service and the Pennsylvania State Police.

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

     If convicted of the charge, Williams faces up to five years in prison 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.

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     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 57-year-old Reading, Pennsylvania man pleaded guilty today before U.S. District Court Judge Robert D. Mariani to participating in a heroin trafficking conspiracy.

     According to United States Attorney Peter Smith, the defendant, Richard Carvajal, admitted to conspiring with others in Monroe County, Berks County, and elsewhere in 2012 and 2013, to distribute and possess with intent to distribute heroin.

     Carvajal was originally indicted by a federal grand jury in June 2013, and subsequently charged in a superseding indictment in March 2014.  The charge against Carvajal resulted from an investigation by the Drug Enforcement Administration, U.S. Immigration and Customs (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, and Berks County Detectives.

     Carvajal faces a potential maximum sentence of 20 years in prison and a $1 million fine. Sentencing was scheduled for January  2015.

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

     A former Bartonsville man has pleaded guilty in federal court to a charge stemming from an investment fraud, United States Attorney for the Middle District of Pennsylvania Peter J. Smith announced Tuesday.

     Joseph Gallardo, 48, Bartonsville, pleaded guilty to mail fraud before Senior U.S. District Court Judge Sylvia H. Rambo on Tuesday.  According to documents filed with the Court, Gallardo was a registered investment advisor with investment firms in New Jersey and Pennsylvania.  He persuaded clients with those investment firms to invest in Blue Meadow Group LLL, his personal real estate venture.  Victims were guaranteed attractive rates of return and were falsely told that their money was invested in and protected by real estate.   Contrary to what was represented to the victims, Blue Meadow Group was not a real estate investment trust and its securities were not registered with the Pennsylvania and New Jersey Securities Commissions.

     In fact, victims’ monies were used to purchase a gas station and convenience store and to fund Gallardo’s on-line day trading account that lost a substantial amount of money.

     During July 2009, the Pennsylvania Securities Commission issued a cease and desist order ordering Gallardo to stop offering or selling investment properties in Pennsylvania.  After the cease and desist order, Gallardo solicited additional victims who invested money with him.

     Investigators have determined that victims of Gallardo’s criminal activity lost approximately $1.8 million.

     The case was investigated by the United States Postal Inspection Service.  It is assigned to Assistant U.S. Attorney Christy H. Fawcett.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a West Pittston man was sentenced yesterday in Scranton by U.S. District Court Judge Malachy E. Mannion to 135 months in federal prison for his role in a drug distribution conspiracy.

     According to United States Attorney Peter Smith, Todd Morgans, age 35, pled guilty to conspiring with others between December 2012 and July 2013 to distribute alpha-pyrrolidinopentiophenone (A-PVP), an analogue of methylenedioxypyrovalerone (MDPV).  A-PVP is a synthetic cathinone which is included in a family of abused drugs commonly known as “bath salts.”

     "HSI will use all resources at its disposal to prevent the importation and distribution of dangerous chemical substances that cause harm to our local communities.  Yesterday's sentencing represents the effort of law enforcement agencies working together to make our neighborhoods safer” said U.S. Immigration and Customs (ICE) Homeland Security Investigations (HSI) Philadelphia Special Agent in Charge John Kelleghan.

     A controlled substance analogue is a drug which has not been scheduled under The Controlled Substances Act but has a similar chemical structure and a similar stimulant or hallucinogenic effect on a person’s central nervous system.  Such controlled substance analogues are treated as if the substance were the scheduled drug for prosecution and sentencing purposes. 

     The U.S. Attorney’s Office noted that the sentence included an enhancement applicable when the death or serious bodily injury of another results from the use of the controlled substance.  While the investigation surrounding the death of Jason Folweiler remains ongoing, Morgans, in his plea agreement with the government, publicly acknowledged that he delivered drugs to Folweiler and apologized to his family.

     Morgans also forfeited an automobile, the contents of his bank account, $40,000 in currency seized from his home and a silver bar. 

     This investigation was conducted by the U.S. Immigration and Customs (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police and the West Pittston Police Department and is being prosecuted by Assistant United States Attorney Amy C. Phillips.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 46-year-old Coudersport, Pennsylvania resident was sentenced yesterday in federal court in Wilkes-Barre to two years’ probation and ordered to pay more than $6,000 in restitution by U.S. Magistrate Judge Karoline Mehalchick for falsifying records in connection with his duties as treasurer for the Communication Workers of America Local 88329.

     According to United States Attorney Peter Smith, Robert Vargeson falsified those records to conceal the fact that he had embezzled $6,013 from the union’s funds. Vargeson committed the offense during 2012 and 2013.

     Vargeson was charged in a criminal Information filed by the United States Attorney on April 14, 2014. Vargeson pleaded guilty to the charge on April 24, 2014.

     The prosecution of Vargeson resulted from an investigation by the U.S. Department of Labor.

     Assistant U.S. Attorney Francis P. Sempa represented the government at sentencing.  

     The United States Attorney’s Office for the Middle District of Pennsylvania and the Bureau of Alcohol, Tobacco, Firearms and Explosives announced today that a federal grand jury in Harrisburg has indicted 21 residents of York, Pa. known as members of the “Southside Gang” on charges of racketeering and drug trafficking conspiracy over a 12 year period.

     The federal indictment charges that the Southside Gang is a criminal enterprise whose purpose is to protect its territory and power through intimidation, violence and threats, generate profits primarily through open-air drug dealing within its territory and violent crime, defend and retaliate on behalf of gang members, and assist members through retaliation against witnesses and thwarting efforts of law enforcement.

     15 of the defendants are already in state or county prison, serving sentences for drug dealing and other violent crimes.  Four men were taken into custody earlier today by ATF agents and York City Police in a coordinated operation.  Four of the defendants were charged with conspiracy to distribute drugs in a federal indictment filed earlier this year.

     The racketeering conspiracy indictment was filed last week under seal in the U.S. District Court in Harrisburg and unsealed today.

     According to U.S. Attorney Peter Smith and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Essam E. Rabadi, the racketeering conspiracy indictment is the result of a massive two-year combined investigation by ATF, York City Police Department and the York County District Attorney’s Office with participation by the Pennsylvania State Police, West York Borough Police Department, Spring Garden Township Police Department, the York County Drug Task Force, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.

     “The alleged RICO offenses and resultant arrests today make certain that York City streets belong to its rightful residents and not to armed criminals.  This is a stern and loud message not to join a street gang, not to illegally possess or misuse firearms, and not to pursue a life of crime,” said ATF Special Agent in Charge Sam Rabadi.  “ATF, along with our state and local partners, will continue a laser-like focus on investigating and removing armed gang members from our neighborhoods to prevent and reduce firearms related violence.”

     The names of those charged in the indictment are listed below.  Those taken into custody today appeared before Chief Magistrate Judge Martin C. Carlson in Harrisburg.  All were held in custody pending detention hearings to be held at a future date.

     According to the indictment, all 21 men are or have been members or participants in the Southside Gang, which is located in the southern area of the City of York. The center of the gang area is near Maple and Duke Streets in York, a location locally known as “the Jungle.”

     The gang’s continuing presence allegedly functions through an organized structure, including senior leaders “who are feared and respected;” drug traffickers engaged in narcotics distribution; and “shooters,” who commit violent acts on behalf of the gang and to protect each other.  Seniority is allegedly based on “generations,” i.e., ages of the members.  The “older generation” of members rules by fear and intimidation; they direct or require the “younger generation” to engage in drug trafficking, robberies or shootings in support of the Southside Gang.  Order is maintained through intimidation, threats, violence and, in some cases, murder.

     The indictment alleges that defendant James Abney has been a principal leader and organizer, along with six other indicted individuals.  The indictment also alleges that the Southside Gang includes a group of violent drug traffickers, originally affiliated with the “Bloods,” primarily a New York-based national violent street gang.  The defendants who have been the alleged leaders of the drug source group are Rolando Cruz and Mark Hernandez.

     The indictment alleges criminal acts, including 15 listed in the indictment, involving violence against a rival York gang, called “Parkway,” allegedly resulting in deaths of members of both gangs and innocent bystanders.

     At the same time, Southside Gang members allegedly distribute illegal drugs, mainly crack cocaine, as a major part of the criminal enterprise’s business and used and possessed firearms to protect the drugs.  The indictment alleges 62 such acts carried out in furtherance of the conspiracy.

    According to U.S. Attorney Smith, many gang members involved in specific drug offenses and violent acts have been investigated and prosecuted by York and York County law enforcement agencies for years as individual cases.  The federal prosecution aims at dismantling the organization by exposing and attacking its ongoing structure and leadership.  The U.S. Attorney’s Office and ATF noted that the federal investigations of gang violence and drugs in York are continuing in full cooperation with local police and the York County District Attorney’s Office.

     In a separate case involving violent crime activity in York, the U.S. Attorney’s Office announced the indictment last week of Jermaine Johnson, a/k/a “Face”, age 39, on charges of possession of ammunition as a felon.  Johnson was arrested in New York yesterday on the basis of a federal arrest warrant issued in Harrisburg.

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

 

Name and Street Name

Age

Rolando Cruz, a/k/a “Mico” 

29

29

Douglas Kelly, a/k/a “Killer”

36

Roscoe Villega, a/k/a “P Shawn”

40

James Abney, a/k/a “Doocs”

28

Tyree Eatmon, a/k/a “Ree”

26

Jahkeem Abney, a/k/a “Foo”

24

Maurice Atkinson, a/k/a “Mo”

27

Anthony Sistrunk, a/k/a “Kanye”

26

Cordaress Rogers, a/k/a “Tank”

28

Eugene Rice, a/k/a “B Mor”

26

Angel Schueg, a/k/a “Pocko”

24

Marquis Williams, a/k/a “Quis”

26

Jalik Frederick, a/k/a “Murder Cat”

21

Brandon Orr, a/k/a “B Or”

22

Malik Sturdivant, a/k/a “Base”

22

Jabree Williams, a/k/a “Minute”

23

Ronald Payton, a/k/a “Ron Ron”

22

Jerrod Brown, a/k/a “Boogie”

25

Quintez Hall, a/k/a “Q”

21

Richard Nolden, a/k/a “Rich”

24

     U.S. Attorney Peter Smith for the Middle District of Pennsylvania, Special Agent in Charge John Kelleghan for Philadelphia, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and Special Agent in Charge Sidney M. Simon of the New York Field Office, Office of Export Enforcement, U.S. Department of Commerce announced that yesterday Harold Rinko, 72, of Hallstead, Pennsylvania, appeared before Senior District Court Judge Edwin M. Kosik in Scranton and pleaded guilty to conspiracy to illegally export laboratory equipment, including items used to detect chemical warfare agents, from the United States to Syria, in violation of federal law.

     During the guilty plea hearing, Rinko admitted that he conspired to export items from the United States through third party countries to customers in Syria, without the required U.S. Commerce Department licenses. 

     According to a factual stipulation signed by Rinko and made part of the record, the conspirators prepared false invoices that undervalued and mislabeled the goods being purchased and also listed false information as to the identity and geographic location of the purchasers of the goods.  The stipulation indicates that the items would be shipped from the United States to Jordan, the United Arab Emirates, and the United Kingdom, and thereafter transshipped to Syria. 

     “HSI will use all resources at its disposal to prevent sensitive and restricted technology from being exported to Syria though the black market,” said Special Agent in Charge Kelleghan.  “No good comes of illegal exports to Syria during this time of gross misgovernment and civil strife, and HSI will do all in its power as the principal enforcer of export controls to ensure that sensitive technology doesn’t fall into the wrong hands in Syria.  I applaud our colleagues at the Department of Commerce, along with our law enforcement counterparts in the United Kingdom, who helped us make this complex investigation a success.”

     “Today's plea represents the effort of law enforcement agencies working together to make our country safer,” said Simon. “Office of Export Enforcement Special Agents with the U.S. Department of Commerce work tirelessly every day to pursue those who flout our export control laws and attempt to supply anyone with technology that threatens our national security. We will seek and arrest violators wherever located, worldwide, and we will continue to leverage our unique authorities as the only federal law enforcement agency exclusively dedicated to enforcing dual-use export violations.”

     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.  Rinko is facing a potential maximum sentence of five years’ imprisonment, a fine of $250,000, and a three-year term of supervised release.

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

     The case was investigated by the U.S. Immigration and Customs, Homeland Security Investigations (HSI) in partnership with the U.S. Department of Commerce, Office of Export Enforcement and assigned to Assistant U.S. Attorney Todd K. Hinkley and Trial Attorney Mariclaire Rourke with the Department of Justice, National Security Division, Counterespionage Section.        

                     
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     The United States Attorney’s Office for the Middle District of Pennsylvania, announced that a 30-year old Harrisburg man pleaded guilty today before Senior U.S. District Court Judge William C. Caldwell to tax evasion in the amount of $216,000 between October 2006 and May 2011.

     According to United States Attorney Peter Smith, Howard Ginting was the sole owner of Ginting Enterprises, Inc., a Pennsylvania corporation in Harrisburg.  Ginting Enterprises supplied day laborers to various businesses in central and northeastern Pennsylvania.  As the owner and operator, Ginting was required to withhold from the wages of the GEI employees the Federal Insurance Contributions Act (FICA) taxes on a quarterly basis.  From October, 2006 through February, 2008, Ginting Enterprises paid wages totaling approximately $851.553, but Ginting falsely reported to the IRS that he had only paid wages in the amount of approximately $68,549.  He underpaid the Social Security tax and Medicare taxes owed by GEI by approximately $119,799.

     In February, 2008, Ginting shut down Ginting Enterpirses and operated his same labor supply business under the name Trojan Services, Inc.  Between February, 2008 and May, 2011, Trojan paid wages of approximately $638,477, but Ginting failed to report to the IRS all wages paid to his employees, underpaying Social Security tax and Medicare taxes owed by Trojan by approximately $97,047. 

     This resulted in underreporting the employee and employer share of the Social Security and Medicare taxes in the total amount of approximately $216,846.

     Ginting was charged by a grand jury in Harrisburg in an indictment in January 2014, following an investigation by the Internal Revenue Service Criminal Investigations.

     Ginting faces a potential maximum sentence of 5 years imprisonment, a $250,000 fine and up to 3 years supervised release as well as restitution and tax penalties and interest.

     The case is being prosecuted by Assistant U.S. Attorney Gordon Zubrod.

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO) announced today that a 35-year-old native and citizen of Guatemala was charged on September 9 with illegal reentry into the United States.

     According to United States Attorney Peter Smith, Homero Ruiz-Luis, age 35, was charged in a one-count information filed with the court in Harrisburg.

     The information alleges that Ruiz-Luis, an alien who has previously been arrested and deported from the United States, reentered the United States illegally and was apprehended in Franklin County, Pennsylvania.

     If convicted, Ruiz-Luis faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.

     This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO). It is being prosecuted by Special Assistant United States Attorney Alice Song Hartye.

     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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 33-year-old Effort woman pleaded guilty today before Senior U.S. District Court Judge A. Richard Caputo to conspiring with others to distribute heroin in the Monroe County area during a six-month time period.

     According to United States Attorney Peter Smith, the defendant, Tamika Davis, admitted to committing the crime between November 2013 and April 22, 2014.

     Davis was charged in a criminal Information filed by the United States Attorney on August 15, 2014, following an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police.

     Davis faces a potential maximum sentence of 20 years in prison and a $1 million fine.  Judge Caputo scheduled sentencing in the case for December 17, 2014.

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

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 21-year-old Tobyhanna man pleaded guilty today before Senior U.S. District Court Judge James M. Munley to distributing heroin in the Monroe County area between November 2013 and August 2014.

     According to United States Attorney Peter Smith, the defendant, Kyle Westry, admitted to distributing and possessing with intent to distribute multiple bricks of heroin. A brick of heroin consist of 50 small bags.

     Westry was charged in a criminal Information filed by the United States Attorney on September 10, 2014, following an investigation by the Drug Enforcement Administration and the Monroe County Drug Task Force.

     Westry faces a potential maximum sentence of 20 years in prison and a $1 million fine.  Judge Munley scheduled sentencing in the case for December 16, 2014.

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

                            
****

     The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Shannon Williams, age 36, of York, Pennsylvania was indicted and charged with being a felon in possession of a firearm and ammunition.

     According to U.S. Attorney Peter Smith, on March 19, 2014, police were dispatched to a York residence in response to a domestic disturbance complaint.  During a consent search, police located a gun allegedly used to threaten the victim of the domestic incident.  Williams is a previously convicted felon prohibited from possessing firearms.  If convicted, Williams faces a term of imprisonment of up to ten years and a fine of $250,000.

     This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the York City Police Department.  The case 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 43-year-old Erie, Pennsylvania resident pleaded guilty today before Senior U.S. District Court Judge James M. Munley to unlawfully possessing a firearm and ammunition as a convicted felon.

     According to United States Attorney Peter Smith, the defendant, James Presley, admitted to possessing a 9mm handgun and ammunition while driving a vehicle on Interstate 80 near Hazleton on May 15, 2014.  Presley further admitted that at the time he possessed the firearm and ammunition, he had prior felony convictions, including a conviction for murder in 1992 in Philadelphia. Presley served 13 years in prison for the murder.

     Presley was charged in an Information filed on July 15, 2014. The charge against Presley resulted from an investigation by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police.

     Presley faces a potential maximum sentence of 10 years in prison and a $250,000 fine. Sentencing was scheduled for December 12, 2014.  Presley remains in custody pending sentencing.

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

****

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 43-year-old Erie, Pennsylvania resident pleaded guilty today before Senior U.S. District Court Judge James M. Munley to unlawfully possessing a firearm and ammunition as a convicted felon.

     According to United States Attorney Peter Smith, the defendant, James Presley, admitted to possessing a 9mm handgun and ammunition while driving a vehicle on Interstate 80 near Hazleton on May 15, 2014.  Presley further admitted that at the time he possessed the firearm and ammunition, he had prior felony convictions, including a conviction for murder in 1992 in Philadelphia. Presley served 13 years in prison for the murder.

     Presley was charged in an Information filed on July 15, 2014. The charge against Presley resulted from an investigation by Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police.

     Presley faces a potential maximum sentence of 10 years in prison and a $250,000 fine. Sentencing was scheduled for December 12, 2014.  Presley remains in custody pending sentencing.

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

****

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury sitting in Harrisburg, Pennsylvania returned a superseding indictment yesterday against Daniel Curran, age 40, of York.  The superseding indictment charges Curran with Production of Child Pornography, Receipt of Child Pornography and Possession of Child Pornography.

     According to United States Attorney Peter Smith, Curran sexually assaulted a nine year old boy on multiple occasions and recorded the assaults of the child.  In addition, the FBI located over 40,000 images of child pornography on Curran’s computer and thumb drives.  Curran also purchased and received dozens of videos containing child pornography through the mail.

     If convicted, Curran faces a maximum sentence of up to 70 years imprisonment, a mandatory minimum of 15 years imprisonment on the Production offense and a 5 year mandatory minimum on the Receipt offense, as well as a $750,000 fine.

     This investigation was conducted by the Federal Bureau of Investigation and the Northern York County Regional Police Department.  The case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.

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

     A sentence following a finding of 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.

     The United States Attorney's Office for the Middle District of Pennsylvania announced that Reginald Barton, Jr., 28, of Harrisburg, Pennsylvania was indicted yesterday by a federal grand jury in Harrisburg on charges of Possession of a Firearm by a Convicted Felon, Possession of a Firearm in furtherance of Drug Trafficking, and Possession With Intent to Distribute a Controlled Substance.

     According to United States Attorney Peter Smith, the charges are a result of an incident in which Barton allegedly shot at a Harrisburg Police officer during a traffic stop, fled, and was ultimately apprehended after discarding a firearm and a bag containing crack cocaine. 

     This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg Police Bureau as part of a joint continuing effort to curb violent crime.  This case is being prosecuted by Assistant United States Attorney Meredith A. Taylor.

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

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

     The United States Attorney's Office for the Middle District of Pennsylvania announced that Coy C. Klinger, 37, of Lower Paxton Township, Pennsylvania was indicted yesterday by a federal grand jury in Harrisburg charging him with sex trafficking of children, coercion and enticement, production of child pornography and possession of child pornography.  The indictment also seeks forfeiture of property involved in the alleged criminal conduct.

     According to U.S. Attorney Peter Smith, Klinger allegedly sought out young girls and women online and paid them to engage in acts of prostitution from his home in Lower Paxton Township between January and June 2014.  Evidence was allegedly found on electronic devices in Klinger's home.  The devices, including an Iphone, a cell phone, desktop and laptop computers, and a Nikon camera, as well as the residence itself located at 5716 Kenwood Avenue, are listed in a notice of forfeiture in the indictment.

     Klinger appeared today before Chief Magistrate Judge Martin C. Carlson for his initial appearance.  Klinger was detained pending a detention hearing scheduled for September 15.

     This case is being investigated by the Federal Bureau of Investigation and the Lower Paxton Township Police Department and is being prosecuted by Assistant United States Attorney Meredith A. Taylor.

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

     If convicted, Klinger faces a mandatory minimum of 15 years imprisonment on the production charge, a mandatory minimum 10 years imprisonment on the sex trafficking charge, a mandatory minimum 10 years imprisonment on the coercion and enticement charge and a statutory maximum of life imprisonment.

     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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a criminal Information was filed today charging a Monroe County resident with distributing heroin during a nine-month time period.

     According to United States Attorney Peter Smith, the Information alleges that Kyle Westry, age 21, of Tobyhanna, Pennsylvania, distributed and possessed with intent to distribute heroin between November 21, 2013 and August 14, 2014.

     The charge stems from an investigation by special agents of the Drug Enforcement Administration, the Pennsylvania State Police, and the Monroe County Drug Task Force.

     Westry faces a potential maximum sentence of 20 years in prison and a $1 million fine if he 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Bear Creek woman was sentenced by U.S. District Court Judge Robert D. Mariani to 16 months in federal prison today for her role in helping to transport a female from Pennsylvania to New Jersey to engage in prostitution.

     According to United States Attorney Peter Smith, the defendant, Kyoni Humphrey a/k/a “Kyoni Nieves,” age 25, previously pleaded guilty to helping a co-defendant, Travis Humphrey, commit the crime by renting and driving a vehicle used to transport the female to motels in Pennsylvania and New Jersey to engage in prostitution, renting motel rooms, and posting “escort” advertisements and photographs on a website during May 2013.

     Humphrey was indicted by a federal grand jury in January 2014, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, and the Luzerne County District Attorney’s Office.

     Co-defendant Travis Humphrey previously pleaded guilty to sex trafficking of a minor and is awaiting sentencing.

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

     The United States Attorney's Office for the Middle District Pennsylvania announced the sentence of a Lebanon man for child pornography related offenses. Senior United States District Court Judge Sylvia H. Rambo imposed a 25 year sentence on Howard D. Davis, age 58, of Lebanon, for attempted enticement of minor to engage in sexual activity and for distribution of child pornography.

     According to United States Attorney Peter Smith, Davis was released from state prison in August 2012 after serving three years for soliciting minors over the internet to engage in sexual activity. Within a few months of his release from prison, Davis began to solicit underage girls via internet chat rooms to create sex videos.

     Two separate undercover investigations caught Davis trolling these websites. A Nebraska State Patrol officer – posing at a 14 year-old girl – was enticed by Davis to create sex videos and images and send these to Davis’ residence in Lebanon, Pennsylvania.  Thereafter, Davis mailed a web camera and sex toys to the undercover officer.  A second undercover investigation conducted by the Dickson Police Department, in Dickson, North Dakota, also caught Davis engaging in the same activity on a different website.

     Local and federal law enforcement in Nebraska coordinated with the United States Postal Inspectors and the Pennsylvania Office of Attorney General to complete the investigation. In February 2013, a search warrant was executed at Davis’s residence where he was chatting with an unidentified underage girl from overseas. Police recovered a box of web cameras and box of sex toys, all similar to those shipped by Davis to the Nebraska State police. Police also searched his computer and found child pornography, which Davis admitted he would swap with others over the internet.

     In October 2013, Davis entered a guilty plea in U.S. District Court in Harrisburg to enticing a fourteen year old to engage in sexually explicit activity and distribution of child pornography.

     The case was investigated by the United States Postal Inspectors in conjunction with the Pennsylvania Office of Attorney General and Nebraska State Patrol. The case was prosecuted by Assistant United States Attorney Michael A. Consiglio.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that an inmate at the United States Penitentiary at Canaan, Pennsylvania, has pleaded guilty to being involved in a conspiracy to assault another inmate with a dangerous weapon.

     Johnnie Williams, age 36, formerly of Memphis, Tennessee, entered the guilty plea before United States Magistrate Judge Thomas M. Blewitt, in federal court in Scranton, Pennsylvania.

     United States Attorney Peter Smith stated that the victim was another inmate who sustained a minor injury when Williams stabbed him with a sharpened weapon commonly referred to as a shank.  Charges are pending against the other alleged conspirator who wielded a mace-type weapon constructed from a lock attached to a sock who also attempted to assault the victim inmate before being subdued by correctional officers.  The assault occurred in February 2014.      

     The case was investigated by the FBI and the Special Investigation Section at USP-Canaan.  Prosecution is assigned to Assistant United States Attorney John Gurganus.

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

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

     In this particular case, the maximum penalty 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a criminal information charging Shawn Morse, age 42, of Wilkes-Barre, Pennsylvania, with distributing cocaine on numerous occasions between 2010 and April 2, 2013. 

     United States Attorney Peter Smith stated that the charge is the result of an investigation conducted by the Federal Bureau of Investigation; the Pennsylvania Attorney General’s Office; and the Luzerne County District Attorney’s Office.  Prosecution is assigned to Assistant United States Attorney John Gurganus.

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

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

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

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 32-year-old former Pittston resident pleaded guilty today before Senior U.S. District Court Judge Edwin M. Kosik to 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, the defendant, Randy Coleman, Jr, admitted to participating in a scheme to use minor females to engage in prostitution. Coleman and his co-conspirators, including Gregory Boone who pleaded guilty last week, used cell phones to produce and transmit photographs of the females which were posted in “escort services” advertisements on a website to facilitate prostitution activities in motels in Luzerne County and in the Harrisburg area of Pennsylvania. Coleman’s role in the conspiracy involved renting motel rooms and acting as a “bodyguard” for the prostitution activities.

     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 faces a potential maximum sentence of life in prison and a $250,000 fine. Judge Kosik ordered a pre-sentence investigation to be completed. Sentencing will be scheduled at a later date.

      The case is being 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."

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 34-year-old Stroudsburg area man pleaded guilty today before U.S. District Court Judge Robert D. Mariani to distributing crack cocaine.

     According to United States Attorney Peter Smith, the defendant, Jose Hernandez-Tirado, admitted to distributing and possessing with intent to distribute crack in Monroe County during 2013.

     Hernandez-Tirado was charged in a Superseding Information filed in August 2014. The charge resulted from an investigation by the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Pennsylvania State Police, and Berks County Detectives.

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

     Hernandez-Tirado faces a potential maximum sentence of 20 years in prison and a $1 million fine. Sentencing was scheduled for November 2014.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 30-year-old Pittston resident pleaded guilty today before Senior U.S. District Court Judge Edwin M. Kosik to 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, the defendant, Gregory Boone, 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.

     Boone faces a potential maximum sentence of life in prison and a $250,000 fine. Judge Kosik ordered a pre-sentence investigation to be completed. Sentencing will be scheduled at a later date.

     The case is being 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."

     The United States Attorney for the Middle District of Pennsylvania, announced that charges have been filed against Donny Jo Gumfory of Roswell, New Mexico.

     According to United States Attorney, Peter J. Smith, Gumfory, age 36, is charged in a one-count information with assault resulting in serious bodily injury to another inmate while they both were incarcerated at the FCC – Allenwood Penitentiary.

     The investigation was conducted by the Federal Bureau of Prisons Special Investigative Services, and the Federal Bureau of Investigation, Williamsport Resident Agency.  Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case.

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

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

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

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced today that separate criminal charges were filed today against two illegal aliens.

     Juan Torres-Garcia, age 33, in the United States illegally, was charged in a one-count indictment by a federal grand jury in Harrisburg today.  The indictment alleges that Torres-Garcia, previously arrested and deported from the United States in October 2008, knowingly and unlawfully reentered the United States and was apprehended in York County, Pennsylvania.

     If convicted, Torres-Garcia faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.

     Marcelo Barranco-Ramirez, age 25, was charged in a one-count indictment by a federal grand jury in Harrisburg today.  The indictment alleges that Barranco-Ramirez, an alien who has previously been arrested and deported from the United States in April 2007, reentered the United States illegally and was apprehended in Adams County, Pennsylvania.

     If convicted, Barranco-Ramirez faces a maximum sentence of up to two years’ imprisonment and a $250,000 fine.

     The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and is being prosecuted by Special Assistant United States Attorney Alice Song Hartye.

     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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David H. Scanlan III, formerly of Harrisburg and currently of Bentonville, Virginia, and a former pediatric oncology resident at Penn State Hershey Medical Center, was sentenced to five years in federal prison for distribution of child pornography.  The sentence was imposed by U.S. District Judge John E. Jones III in Harrisburg.  Following his prison term, Scanlan will be on supervised release, for 20 years.  He was also ordered to pay restitution in the amount of $20,000.

     According to U.S. Attorney Peter Smith, due to concern about Scanlan’s access to minor children through his job, the Government agreed that it would recommend the statutory mandatory minimum five-year prison sentence if Scanlan would submit to a polygraph examination on the issue of contact with minors, and was found by the examiner to be not deceptive.  Scanlan underwent that polygraph examination and was found to be not deceptive.  The Government emphasized that the recommendation was based on the facts and circumstances of this particular case.

     Based on the plea agreement and information submitted by Scanlan’s attorney at the sentencing hearing, Judge Jones found that the sentence called for under the advisory guideline range was not necessary in this case, adopted the recommendation of the Government and remanded Scanlan to the custody of the United States Marshals Service to begin serving his sentence immediately.  The investigation was conducted by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI).  The case was prosecuted by Assistant U.S. Attorney James Clancy.

     The United States Attorney's Office for the Middle District Pennsylvania announced today Charles A. Poalillo, Jr., age 81, of Monroe County, Pennsylvania, was sentenced in U.S. District Court in Scranton to 3 years’ probation for filing false documents related to Penn Hills Lodge pension funds.

     According to United States Attorney Peter Smith, Poalillo was the former owner of Penn Hills Lodge, Inc., a Pocono honeymoon resort located in Analomink, Pennsylvania. While he operated Penn Hills Lodge and related businesses, Poalillo borrowed approximately $1 million from two pension funds. In September 2013, he entered a guilty plea before U.S. District Court Judge Edwin J. Kosik to falsely reporting the security of these assets to the United States Department of Labor. Pursuant to a guilty plea agreement filed with the information, Poalillo agreed to attempt to make full restitution by the time of sentencing.

     At today’s sentencing, attorneys for Poalillo reported to the court that his personal and business assets had been liquidated and the assets are being transferred to the United States Clerk of Court’s office for restitution to the victims. Judge Kosik cited the full restitution as well as the defendant’s health conditions as factors warranting a probationary sentence.

     The United States Department of Labor’s Employee Benefits Security Administration and the Department of Labor’s Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, conducted the investigation. The Monroe County District Attorney’s Office initiated the investigation and assisted the federal authorities. Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a criminal Information has been filed in U.S. District Court in Scranton charging the Chief of the Wilkes-Barre Township Volunteer Fire Department, John Yuknavich, age 51, of Wilkes-Barre Township, Pennsylvania, with stealing in excess of $5,000 from the fire department and Wilkes-Barre Township in the course of his duties as Chief of that fire department between 2008 and 2011.

     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 a plea agreement with Yuknavich which must be approved by the U.S. District Court.  The agreed upon restitution included in the plea agreement is $45,000.  An additional term of the plea agreement requires Yuknavich to resign his position as an officer or any other official title he holds with the Wilkes-Barre Township Volunteer Fire Department within ten days of the entry of the plea.

     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.

      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, 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 46-year-old Scranton man, who was convicted last August of participating in a murder-for-hire conspiracy and related crimes, was sentenced yesterday to 35 years in federal prison by Senior U.S. District Court Judge A. Richard Caputo.

     According to United States Attorney Peter Smith, the defendant, Gary Williams, was convicted by a jury after a three-day trial in August 2013. Williams was convicted of conspiracy to commit a murder-for-hire, carrying and possessing a firearm in relation to and in furtherance of a crime of violence, receiving a firearm and ammunition in interstate commerce with the intent to commit a felony offense, unlawfully possessing a firearm as a convicted felon, and attempting to tamper with a witness.

     In imposing sentence, Judge Caputo remarked that Williams’ crime was one of the most serious offenses he has encountered in his courtroom, and noted that the 35-year sentence was necessary to protect the public and to deter others from committing similar crimes.

     Williams was originally indicted by a federal grand jury in August 2012, as a result of an investigation by the Federal Bureau of Investigation and the Scranton Police Department.  Williams was charged in a superseding indictment in April 2013. The indictment alleged that Williams agreed to kill the ex-wife of a co-conspirator, and that the co-conspirator shipped a rifle and bullets from Cape Coral, Florida to Scranton for Williams to use to commit the murder.  The indictment further alleged that the co-conspirator promised Williams money and a job for committing the murder.

      Williams’ co-defendant, Edward McLaughlin, pleaded guilty to conspiracy to commit a murder-for-hire, shipping a firearm in interstate commerce as a convicted felon, and possessing a firearm in furtherance of a crime of violence. He is awaiting sentencing.  

     Judge Caputo also ordered Williams to serve three years on supervised release following his prison sentence, and to pay a special assessment of $500.

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

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Scranton resident was indicted by a federal grand jury yesterday for sex trafficking of a minor and conspiracy to commit sex trafficking of a minor.

     According to United States Attorney Peter Smith, Sean Cantelmo, age 28, allegedly conspired with others to coerce a minor female to engage in prostitution and illegal sexual activity during February through May 2014.

     The indictment alleges that the defendant used a cell phone to post advertisements for “escort services” involving the minor female on a website and rented motel rooms in Lackawanna and Luzerne Counties to facilitate the prostitution activities.

     Cantelmo is charged with Conspiracy to Commit Sex Trafficking of Children by Force and Coercion and Sex Trafficking of Children by Force and Coercion. 

     Cantelmo was taken into custody yesterday and is scheduled to appear before U.S. Magistrate Judge Karoline Mehalchick at the Federal Courthouse in Wilkes-Barre later today.

     The charges stem from an investigation by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) and the Pennsylvania State Police.

     The sex trafficking of children by force and coercion and conspiracy charges are each punishable by a mandatory minimum sentence of 15 years in prison and a possible 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."

     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.

     Maurice Henderson, 33, of New York and Harrisburg, was sentenced in federal court in Harrisburg, Pennsylvania, today to 25 years’ imprisonment following his conviction for criminal conspiracy and distribution of crack cocaine and powder cocaine.  U.S. District Court Judge John E. Jones, III directed that Henderson remain on supervised release for 10 years following his jail sentence. 

     On February 10, 2014, a federal jury in Harrisburg returned a verdict finding Henderson guilty of conspiracy to traffic drugs and trafficking drugs.

     According to United States Attorney Peter Smith, Henderson was convicted of criminal conspiracy to distribute and possess with intent to distribute five kilograms and more of cocaine hydrochloride and 280 grams or more of crack cocaine and distribution and possession with intent to distribute the same drugs.  The jury found him not guilty of possessing a firearm in furtherance of drug trafficking.  The verdict was returned following a week-long jury trial before U.S. District Court Judge John E. Jones, III.

     Evidence presented during trial established that Henderson sold crack cocaine to an individual working with the Dauphin County Drug Task Force twice and also sold crack cocaine to an undercover police officer on two occasions.  Witnesses testified that over a two-year period, Henderson and his co-conspirators made frequent trips from Harrisburg to a neighborhood in New York to purchase multiple kilogram quantities of cocaine hydrochloride, using rental cars and drivers to make the trips. Upon their return to Harrisburg, members of the conspiracy cooked the bulk of the cocaine hydrochloride into “crack” cocaine, weighed it, packaged it into smaller quantities and distributed to drug dealers in the Harrisburg area.    

     Co-conspirators Juval Green, 34, Robert Reynoso, 35, Derrice Sassaman, 39, and Annalyn Black, 26, all previously pleaded guilty to a drug trafficking conspiracy.  Prior to jury selection in Henderson’s case, the government filed a notice stating that because Henderson has at least two prior felony drug convictions, he is subject a mandatory 20 years’ imprisonment.

     The investigation that led to Henderson’s arrest and conviction was part of a larger investigation targeting crack cocaine dealing in the 14th and Swatara Street area in Harrisburg. 

     The case was investigated by the Drug Enforcement Administration, the Dauphin County Criminal Investigative Division, the Dauphin County Drug Task Force, Lower Paxton Township Police, Susquehanna Township Police, the U.S. Marshal’s Service, Pennsylvania State Police, and Harrisburg Police.  It was prosecuted by Assistant U.S. Attorney Christy H. Fawcett.   

     The United States Attorney's Office for the Middle District of Pennsylvania announced that a criminal charge of health care fraud has have been filed against Ronald McAdams of Williamsport, Pennsylvania.

    According to United States Attorney, Peter Smith, McAdams, age 57, is charged in a one-count felony Information with health care fraud based on submitting false claims to the Pennsylvania Attendant Care Medicaid Waiver Program.  The Information alleges McAdams billed for and received reimbursement for attendant care services which were never performed.  

     The investigation is being conducted by the U.S. Department of Health and Human Services, Office of Inspector General, the Federal Bureau of Investigation, and the Pennsylvania Attorney General’s Medicaid Fraud Control Section.  Assistant United States Attorney Wayne P. Samuelson is assigned to prosecute the case. 

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

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

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

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a civil health care fraud lawsuit has been filed today against Kurt Bauer age 61, York, PA.  The lawsuit alleges that Bauer, despite being excluded from participation in Medicare, was a manager and administrator of Leader Heights Healthcare, P.C., which caused the submission of thousands of false claims to Medicare.

     According to U.S. Attorney Peter Smith, Leader Heights Healthcare, formerly ChiroCare Center, is a York County-based chiropractic and primary care provider that accepted Medicare patients.  The complaint alleges that Bauer owned Leader Heights under its former name, but his chiropractic license was revoked by the Pennsylvania Department of State in 2008 for an inappropriate relationship with a patient, resulting in Bauer’s exclusion from Medicare.  According to the complaint, the U.S. Department of Health and Human Services warned Bauer that he generally could no longer be employed and could not provide administrative and management services for a Medicare provider because of the exclusion.

     Despite the warning and after falsely informing Medicare that he had “[r]etired,” Bauer allegedly retained ownership of Leader Heights Healthcare until 2009 and continued to be involved in the management and administration of Leader Heights until he learned of the government’s investigation in 2013.  During this period of time, Leader Heights Healthcare allegedly submitted thousands of claims to Medicare for reimbursement for several million dollars.  Between 2008 and 2013, Leader Heights received approximately $3 million from Medicare.

     The government contends that, because of Bauer’s involvement in the management and administration of Leader Heights during his exclusion, Bauer knowingly caused the submission of false claims to Medicare that improperly sought reimbursement for the services he provided.

     The government’s lawsuit is brought pursuant to the False Claims Act.  Under the False Claims Act, a person that causes the submission of false or fraudulent claims to the government is liable for three times the government’s damages, plus civil penalties for each false claim.  The claims asserted against Bauer are allegations only, and there has been no determination of liability.

     This matter was investigated by the U.S. Department of Health and Human Services’ Office of Inspector General and the Health Care Fraud Unit of the U.S. Attorney’s Office.  The case is assigned to Assistant U.S. Attorney Anthony Scicchitano of the U.S. Attorney’s Office’s Civil Division.

     The lawsuit is captioned United States v. Kurt Bauer (M.D. Pa.).

     The United States Attorney's Office for the Middle District of Pennsylvania, announced that Randy Talada, age 58, and Sandy Talada, age 59, both of Sayre, Pennsylvania, were sentenced by U.S. District Court Judge Matthew W. Brann today in Williamsport.

     Randy Talada was sentenced to 21 months’ incarceration to be followed by a three-year term of supervised release for conspiracy to commit mail fraud and tax evasion.  Sandy Talada was sentenced to 6 months’ incarceration and 6 months’ home confinement to be followed by a two-year term of supervised release for tax evasion.

     The tax evasion was the result of the Taladas’ failure to report income derived from their theft of small game of chance winnings from the Fort Sullivan Post 246 American Legion located in Athens, Pennsylvania.  Randy Talada, the Bar Club manager at the time of thefts, also failed to report his wages.  He was also convicted for conspiracy to commit mail fraud for supplying false statements via mail to the State Worker’s Insurance Fund (SWIF).  At the sentencing hearing today, he was ordered to pay $171,000 in restitution to SWIF.  The Taladas also owe IRS approximately $54,000.  

     The investigation was conducted by the IRS, Criminal Investigations Division, the FBI and the Athens Borough Police Department.  The case was prosecuted by Assistant United States Attorney Todd K. Hinkley.

     The United States Attorney's Office for the Middle District of Pennsylvania announced today that a Tioga County physician has been charged with unlawful distribution of controlled substances and health care fraud.  Three other individuals are also charged in an indictment returned Tuesday by a federal grand jury in Scranton, Pennsylvania.

     According to United States Attorney Peter Smith, the indictment charges Dr. John Terry, age 63, and Thomas Ray, age 51, both of Wellsboro, Pennsylvania, with Possession with Intent to Distribute a Controlled Substance and Health Care Fraud.  It also charges David Hatch, age 27, Addison, New York, and Stephen Heffner, Jr., age 46, Elkland, Pennsylvania, with health care fraud.  The defendants allegedly aided and abetted each other in a scheme to obtain benefits from a health care program by false and fraudulent pretenses.

     Terry, Hatch and Heffner, Jr. were released after a hearing yesterday in Williamsport before Magistrate Judge William I. Arbuckle, III.  Ray is in state custody on other charges.

     Beginning January 2010 through July 2013, Terry allegedly provided prescriptions for excessive quantities of Oxycodone and other narcotics to individuals who he knew were not seeking the drugs for a legitimate medical purpose.  Terry also allegedly wrote prescriptions for narcotics for individuals who were not his patients, knowing that the federal Medicare program was going to be billed for the unlawful prescriptions.

     During the execution of a federal search warrant at his office on July 8, 2013, Terry voluntarily agreed to surrender his medical license and his DEA registration.

     Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.

     The charges stem from an investigation by Drug Enforcement Administration, the Department of Health and Human Services, Office of Inspector General, and the Pennsylvania State Police.

     “We rely on doctors to be part of the prescription drug abuse solution – not part of the problem,” said Nick DiGiulio, Special Agent in Charge for the Inspector General’s Philadelphia Office.  “Abuse of prescription drugs now kills more people than illegal drug abuse and costs taxpayers many millions of dollars.”

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

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

     In this particular case, the maximum penalty for the controlled substance violation is 20 years’ imprisonment and 10 years’ imprisonment for the health care fraud violation, under the federal statutes, 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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Mexican national who was residing in Illinois at the time of her arrest, pleaded guilty yesterday before U.S. District Court Judge Robert D. Mariani to interstate travel in aid of a drug trafficking conspiracy.

     According to United States Attorney Peter Smith, the defendant, Maria Pina, age 44, admitted to transporting heroin from Illinois to Pennsylvania on February 12, 2014.

     Pina was charged in an Information filed on June 22, 2014. The charge against Pina resulted from an investigation by the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), the Pennsylvania State Police, and Berks County Detectives.

     Pina faces a potential maximum sentence of five years in prison and a $250,000 fine.

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

     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.

     The U.S. Attorney's Office for the Middle District of Pennsylvania announced today that Richard A. Ullmann, age 50, of Westport, Connecticut, pleaded guilty to making false statements to the Defense Finance Accounting Service (DFAS) in federal court in Harrisburg before Chief United States District Court Judge Christopher C. Conner.  Ullmann faces up to five years' imprisonment and/or $250,000 in fines as a result of the guilty plea.  Ullmann was released pending sentencing, which is scheduled for November 28, 2014.

     According to U.S. Attorney Peter Smith, Ullmann owned and operated a financial services company based in Westport, Connecticut, called Donnell Financial Group (Donnell), that made short-term loans to members of the U.S. Armed Forces, military retirees and their survivors, and others.  In exchange for the loans, Donnell's customers assigned their future pension payments to Mr. Ullmann as collateral.  Federal law prohibits the assignment of pension benefits as collateral for members of the armed forces and military retirees.  DFAS also prohibits anyone but the account holder to make changes to their account, including where the payments shall be deposited and who should receive the funds.

     In March 2009, DFAS warned Mr. Ullmann that his practice of impersonating the account holder in order to direct payments into bank accounts he controlled could subject him to prosecution.  Ullmann admitted today that despite that warning, he continued to impersonate numerous individuals and direct their pension payments into bank accounts he controlled until February 2014, when federal agents executed a search warrant at Donnell.

     The case was investigated by the Department of Defense, Office of Inspector General, and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.

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

     A sentence following a finding of 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.

****

     The United States Attorney's Office for the Middle District of Pennsylvania announced that a Grand Jury in Scranton returned indictments Tuesday charging five members of the Wilkes-Barre City Employees Federal Credit Union with conspiracy and bank fraud.  The indictments were sealed pending the arrests and/or voluntary surrender of the defendants today.

     According to United States Attorney Peter Smith, Tino Ninotti, age 35, Jason Anthony, age 34, Leo Glodzik, age 43, Amanda Magda, age 30, and Jeffrey Serafin, age 35, were charged in three separate indictments related to activities of the credit union.  Glodzik is also charged with tampering with a witness.  Magda was the assistant manager at the Credit Union; Jason Anthony is a Wilkes-Barre City Police Officer; Ninotti is a former Wilkes-Barre City Police officer; Glodzik is a contractor whose company had a towing contract with the City of Wilkes-Barre.

     Four of the defendants appeared today before Magistrate Judge Karoline Mehalchick in federal court in Wilkes-Barre.  Ninotti, Anthony and Glodzik were released from custody and ordered to report to pretrial services.  Glodzik was ordered to surrender his passport.  Serafin was released on his own recognizance.  The hearing for Magda is expected to take place later today.

     The indictments, unsealed today, allege that the defendants, during 2014, individually or by aiding and abetting one another, secured loans from the Credit Union by means of false and fraudulent pretenses, including the use of false collateral, the stolen identities of others who were not aware of loans in their names, and forgery.  Magda and Anthony are charged in one indictment; Ninotti, Glodzik and Magda in a second indictment; and Serafin alone in the third indictment.

     If convicted, the defendants face up to 30 years in prison and fines in the amount of $1,000,000.

     According to the U.S. Attorney the charges are a significant step in an ongoing corruption investigation by the FBI.  The case represents the pursuit of allegations against individuals; the FBI and the U.S. Attorney’s Office value the close working relationships they have with local police departments, including Wilkes-Barre’s, and with honest police officers.  These relationships will continue.

     The prosecution is the result of a joint investigation by the Federal Bureau of Investigation (FBI), and the Pennsylvania State Police (PSP) which plays an integral role in investigations of fraud and public corruption.  Prosecution is assigned to Assistant United States Attorney Michelle Olshefski.

     Luzerne County citizens, as well as employees and officials of local government are urged to come forward and provide relevant information about this case and others involving corruption in local government by contacting the Scranton FBI Office at 570-344-2404.

     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.

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO), announced today that separate criminal charges were filed this week against three illegal aliens.

     Baltazar Lua-Garcia, also known as Ruben Garcia-Rodriguez, age 52, a native and citizen of Mexico, in the United States illegally, was charged in a one-count indictment by a federal grand jury in Harrisburg.

     The indictment alleges that Lua-Garcia, an alien who was convicted before the Superior Court for King County, Washington on April 1, 1994, of Delivery of Cocaine, and had been previously arrested and deported from the United States on October 10, 2003, did knowingly and unlawfully reenter the United States. He was apprehended by federal immigration agents in York County, Pennsylvania.

     If convicted, Lua-Garcia faces a maximum sentence of up to 20 years of imprisonment and a $250,000 fine.

     Oscar Perez-Chavez, age 46, a native and citizen of Guatemala, in the United States illegally was charged in a one-count information filed with the Court in Harrisburg.  The information alleges that Perez-Chavez, an illegal alien, entered the United States and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

     If convicted, Oscar-Perez faces a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.

     Agustin Hernandez-Rojas, age 40, a native and citizen of Mexico, in the United States illegally, was charged in a one-count information filed with the Court in Harrisburg.  The information alleges that Hernandez-Rojas, an illegal alien, entered the United States and was found in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.

     If convicted, Hernandez-Rojas a maximum sentence of up to 6 months’ imprisonment and a $5,000 fine.

     The investigations were conducted by the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) and is being prosecuted by Special Assistant United States Attorney Brian G. McDonnell.

     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.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Gary L. DuRocher, 41, formerly a resident of Maryland, was charged in an Indictment by a federal grand jury in Harrisburg.  On August 11, 2014, DuRocher was charged in a Criminal Complaint, arraigned, and detained pending a preliminary hearing.  The charges stem from an incident at the Gettysburg National Military Park on Friday night, August 8, 2014.  According to United States Attorney Peter Smith, the Indictment charges the same three offenses as the Complaint:  DuRocher allegedly committed an assault within the jurisdiction of the United States; he also is charged with malicious mischief for allegedly starting a fire that damaged property in the Park; and allegedly made a threat of harm to another person in interstate commerce.  If convicted of all offenses, DuRocher faces 11 years in prison and fines of more than $500,000.

     At his first appearance in federal court, DuRocher was ordered detained pending a preliminary hearing.  With the filing of the Indictment, there will no longer be a preliminary hearing because the grand jury’s finding of probable cause to believe the crimes alleged were committed takes the place of the probable cause finding made at a preliminary hearing.  U.S. Magistrate Judge Susan E. Schwab is expected to arraign DuRocher on the Indictment tomorrow, Thursday, August 21, at 9:30 a.m.

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

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

     A sentence following a finding of 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.