Middle District of Pennsylvania

    The United States Attorney's Office for the Middle District Pennsylvania announced that on September 26, 2013, Charles A. Poalillo, Jr., age 80, of Monroe County, Pennsylvania, entered a guilty plea to the charge of filing false documents with the Department of Labor and the Internal Revenue Service.

     According to United States Attorney Peter J. 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. He was charged with falsely reporting the security of these assets to the United States Department of Labor and the Internal Revenue Service. Pursuant to a guilty plea agreement filed with the information, Poalillo agreed to attempt to make full restitution by the time of sentencing.

     On September 26, 2013, Poalillo entered the guilty plea to the offense before Senior U.S. District Court Judge Edwin Kosik.

     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.

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

     In these particular cases, the maximum penalty under the federal statute is five years of imprisonment and 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 former resident of Cape Coral, Florida, pleaded guilty today to conspiring with a Scranton man to commit a murder-for-hire and committing two related offenses before Senior U.S. District Court Judge A. Richard Caputo.

     According to United States Attorney Peter J. Smith, the defendant, Edward McLaughlin, age 64, admitted to conspiring with Gary Williams to murder McLaughlin’s ex-wife. McLaughlin admitted to offering Williams a job with a company in Florida if he would carry-out the murder, and Williams agreed to do so.

     The conspiracy began when McLaughlin and Williams were cell mates in the Pike County Prison in June 2011, and continued through June 2012. During that time period, McLaughlin shipped a German Mauser rifle and ammunition from Florida to Williams in Scranton, Pennsylvania, to be used to carry-out the murder. McLaughlin and Williams also used the mail and telephones in planning and attempting to carry-out the murder plot.

     McLaughlin pleaded guilty to three crimes related to the interstate murder-for-hire scheme: conspiracy to use interstate facilities to commit a murder-for-hire; carrying and possessing a firearm in relation to and in furtherance of a crime of violence; and unlawfully shipping a firearm and ammunition in interstate commerce as a convicted felon.

     McLaughlin was most recently charged in a third superseding indictment filed in September 2013, as a result of an investigation by the Federal Bureau of Investigation and the Scranton Police Department.   

     Judge Caputo scheduled sentencing in the case for January 6, 2014. McLaughlin faces a possible maximum sentence of life in prison, a fine of up to $750,000, a maximum term of supervised release of 11 years, and a $300 special assessment.

     Gary Williams, McLaughlin’s co-defendant, was convicted last month of five counts related to the murder-for-hire scheme.

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

****

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that Omar Sierre Folk, age 32, of York, Pennsylvania, was sentenced Thursday by Senior United States District Court Judge William W. Caldwell to serve 264 months in prison and five years of supervised release for the distribution of crack cocaine and firearms offenses. Folk was also ordered to pay a $1,500 fine.

     According to United States Attorney Peter J. Smith, on September 1, 2011, local law enforcement arrested Folk after an attempted sale of crack cocaine. A subsequent search of his residence recovered approximately 144 grams of crack cocaine and a firearm.

     Folk was indicted in October 2011 and convicted in August 2012 of distributing of over 280 grams of crack cocaine in and around York County from 2009 to September 2011, as well as possession of a firearm in furtherance of his drug trafficking. 

     The Federal Bureau of Investigation worked in conjunction with the York County Drug Task Force and the Pennsylvania State Police in this investigation. 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 Brandon H. Schnetzka, 40, of York, Pennsylvania, was indicted Wednesday by a federal grand jury in Harrisburg. The indictment charges Schnetzka with one count of Impersonating an Officer or Employee of the United States.

     According to United States Attorney Peter J. Smith, the charge against Schnetzka is a result of allegations that in March 2013, he falsely represented himself as a Special Agent of the Federal Bureau of Investigation in connection with obtaining a “loaner” motor vehicle from a Mechanicsburg auto dealer.   

     The case was investigated by the Federal Bureau of Investigation and the Silver Spring Township 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.

     In this case, the maximum penalty under the federal statute is three 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 Thomas C. Holloway, age 46, of Mechanicsburg, Pennsylvania, was sentenced today by Chief U.S. District Court Judge Christopher C. Conner for attempted income tax evasion for 2008. Holloway was sentenced to six months in prison, six months home confinement and one year of supervised release. Judge Conner further ordered that $80,000 in restitution be paid to the IRS.

     According to United States Attorney Peter J. Smith, Holloway previously was employed by Spherion (an IT firm based in Mechanicsburg and formerly known as Intellimark and Technisource) between 2001 and 2009 and he embezzled company funds which were not reported on his income tax returns.  Holloway previously was charged by local authorities with theft by deception in connection with the embezzlements and was sentenced in 2010 in state court to probation and ordered to pay $125,000 in restitution to Spherion.  The current tax charges allege that the tax loss to the IRS was $80,000 for the years 2003-2009.

     The case was investigated by the Criminal Investigation Division of the IRS and was prosecuted by Senior Litigation Counsel Bruce Brandler.

    
****

     The United States Attorney's Office for the Middle District Pennsylvania announced that a federal grand jury in Harrisburg returned an indictment Wednesday charging Anderson Ortiz, age 34, of Harrisburg, Pennsylvania, for possessing a firearm after being convicted of a felony.

     According to United States Attorney Peter J. Smith, the charge resulted from a May 31, 2013 incident in Harrisburg in which weapons were fired during an alleged dispute over drugs.

     The case was investigated by the FBI and the Harrisburg Police Department as part of an on-going coordinated effort to combat drug violence in Harrisburg.

     Prosecution is assigned to Assistant United States Attorney Joseph J. Terz.

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

     A sentence following a finding of 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 24-year-old Reading man was sentenced today by Senior U.S. District Court Judge A. Richard Caputo to serve seven years in prison for participating in a drug trafficking conspiracy.

     According to United States Attorney Peter J. Smith, Isaac Villasenor previously pleaded guilty to conspiracy to distribute more than 500 grams of cocaine and more than 500 grams of methamphetamine. The drug conspiracy operated in the Schuylkill and Berks County area between August and November of 2011.

     Villasenor was indicted by a federal grand jury in November 2011, as a result of an investigation by the Drug Enforcement Administration.

     Two co-defendants, Jose Sandoval-Martinez and Ivan Villasenor, previously pleaded guilty to participating in the conspiracy. Sandoval-Martinez was sentenced to 10 years in prison. Ivan Villasenor was sentenced to six years in prison.

     Judge Caputo also ordered that Isaac Villasenor be placed on five years of supervised release after serving his prison sentence.

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

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 49-year-old Dingmans Ferry resident pleaded guilty Tuesday to receiving and distributing child pornography before U.S. District Court Judge Malachy E. Mannion.

     According to United States Attorney Peter J. Smith, the defendant, Richard A. Lewis, was indicted by a federal grand jury in May 2013 for using a computer to receive child pornography from a resident of Ontario, Canada, and distributing the child pornography to others during January 2013 to May 2013.

     The charge against Lewis resulted from an investigation by Homeland Security Investigators and Ontario Provincial Police.

     Under the terms of a plea agreement, if accepted by the court, Lewis will be sentenced to 15 years in prison to be followed by lifetime supervised release. He will also be subject to the sex offender registration and notification requirements of federal law.

     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 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.

   The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dominick J. Muracco, Jr., age 60, of Scranton, Pennsylvania, was sentenced in federal court today before Senior U.S. District Judge A. Richard Caputo for attempted income tax evasion regarding his 2008 federal income tax return. Muracco was sentenced to two months imprisonment, four months of home confinement and one year of supervised release. Full restitution was made prior to sentencing.

     According to United States Attorney Peter J. Smith, Muracco previously operated a business in Dunmore, Pennsylvania known as Automated Payroll and Tax Service (“APTS”) which prepared tax returns and represented taxpayers before the IRS. Muracco admitted that he filed a false personal income tax return for 2008 which omitted over $125,000 in taxable income and over $31,000 in tax. Muracco also admitted that for the years 2006, 2007, 2008 and 2009, he under-reported his income by over $276,000 and his tax by over $63,000. The unreported income came primarily from fees that Muracco charged APTS clients for tax program services.

     The case was investigated by the Criminal Investigation Division of the IRS and was prosecuted by Senior Litigation Counsel Bruce Brandler.

Charged With Embezzlement

     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 Lisa Barrett, age 48, of Shavertown, Luzerne County, with embezzlement of funds of a labor organization.

     According to United States Attorney Peter J. Smith, Barrett, the former president of the Wyoming Area Education Association (WAEA), has been charged with converting in excess of $30,000 of the labor organization’s funds to her own use from 2006 to 2012. Barrett resigned as WAEA President in March 2013.

     The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.

     The U.S. Attorney’s Office also filed a plea agreement which must be approved by the District Court.

     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 five 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.

    
****

Sentenced For Cocaine Distribution

The United States Attorney's Office for the Middle District of Pennsylvania announced today that Senior United States District Court Judge Edwin M. Kosik has sentenced Joseph Crawford, age 34, of Duryea, Pennsylvania, to 35 months’ imprisonment for transporting cocaine from New York City to Luzerne County and distributing it on numerous occasions between 2011 and May 1, 2012.   
   
According to United States Attorney Peter J. Smith in additional to the 35-month term of imprisonment, Judge Kosik also ordered that Crawford be placed on supervised release for a period of three years following the service of his sentence.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 54-year-old West Lawn, Pennsylvania resident was sentenced to one year in prison today by Senior U.S. District Court Judge Edwin M. Kosik for his role in an Oxycontin trafficking conspiracy that operated in Schuylkill and Berks County in 2011.

     According to United States Attorney Peter J. Smith, Stephen Nesspor previously admitted to conspiring with at least two others to unlawfully distribute 80mg Oxycontin pills.

     Nesspor was indicted by a federal grand jury in September 2011, as a result of an investigation by the Drug Enforcement Administration and the Pennsylvania State Police.

     Judge Kosik also ordered Nesspor to pay a $500 fine and a $100 special assessment. Nesspor will be on supervised release for three years after serving his prison sentence.

     Two of Nesspor’s co-defendants previously entered guilty pleas in the case. Richard Law was sentenced to 15 months in prison. Michael Beaver pleaded guilty and is awaiting sentencing.

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

Trafficking Charges

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a California man was sentenced today by United States District Judge Robert D. Mariani to serve 48 months in prison on the charge of conspiracy to distribute marijuana.

     According to United States Attorney Peter J. Smith, Karl Aspinall, age 38, of Los Angeles, California, admitted to participating in a marijuana trafficking ring which obtained marijuana from medical marijuana dispensaries and other sources in California, transported the marijuana to Pennsylvania, and distributed it to street level dealers and customers in the Lackawanna County area.

     In addition to the prison term, Judge Mariani also ordered that Aspinall be supervised by a probation officer for two years following his prison sentence.

     The investigation was conducted by the Federal Bureau of Investigations Safe Streets Task Force and the Scranton Police Department.

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

    
****

     The United States Attorney’s Office for the Middle District of Pennsylvania announced the return of a five-count superseding indictment by a federal grand jury in Williamsport charging Corbin Will, age 40, of Garrett, Pennsylvania, with robbing and conspiring to rob the First National Bank in Loganton, Pennsylvania, an M&T Bank branch in Tyrone, Pennsylvania, and the 1ST Summit Bank in Salix, Pennsylvania using a dangerous weapon.

     According to United States Attorney Peter J. Smith, the superseding indictment alleges that Will aided and abetted Nicole Lynn Durst in robbing the First National Bank of $3,697 on May 31, 2012.  The superseding indictment also alleges that Will and Durst conspired to rob the three Pennsylvania banks between May 3, 2012 and May 31, 2012. 

     On April 12, 2013, Durst entered a guilty plea to robbery and conspiracy charges before United States District Judge Matthew Brann, and she is in custody pending sentencing. Will is in custody on related bank robbery charges pending in West Virginia and Maryland.  

     The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police and 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.

     In this case, the maximum penalty under the federal statute is 90 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 federal grand jury in Williamsport returned an indictment on September 11 charging an inmate from the United States Penitentiary at Lewisburg, Pennsylvania.

     According to United States Attorney Peter J. Smith, Maurice Weaver, age 37, is charged with assaulting the Warden and Associate Warden at the Allenwood Penitentiary on January 13, 2012. After the assaults, inmate Weaver was transferred later that day to the Lewisburg Penitentiary where he assaulted a corrections officer from that institution. None of the injuries were life threatening or required outside medical treatment.

     The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney William Simmers.

     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 60 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 federal grand jury in Williamsport returned an indictment on September 11 charging an inmate at the United States Penitentiary at Allenwood, Pennsylvania.

     According to United States Attorney Peter J. Smith, Christopher Charles, age 30, is charged with assaulting another inmate at the Allenwood Penitentiary on June 26, 2012, causing the victim to suffer serious bodily injury.

     The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney William Simmers.

     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.

Receipt And Distribution Of Child Pornography

     The United States Attorney's Office for the Middle District of Pennsylvania, announced that a Lake Ariel man was sentenced today in federal court on a charge of receipt and distribution of child pornography.

     According to United States Attorney Peter J. Smith, United States District Court Senior Judge A. Richard Caputo sentenced Keith Wandel, age 42, of Lake Ariel, Lackawanna County, to 210 months of imprisonment and a lifetime of supervised release. Wandel is also ordered to comply with the registration requirements of the Sexual Offender Registration Act (Adam Walsh Act).

     Wandel was arrested on March 12, 2013 and charged with the receipt and distribution of child pornography.  The criminal Information sets the time period for the offenses at various times between January 2007 and March 2013.

     The case against Wandel stems from an investigation by the Federal Bureau of Investigation and the Lackawanna County District Attorney’s Office – Internet Crimes Against Children Task Force.  Wandel received and shared child pornography images and videos.  A forensic examination of Wandel’s computer revealed thousands of the images and videos.

     The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

     Prosecution was assigned to Assistant United States Attorney Michelle Olshefski.

Receipt And Distribution Of Child Pornography And Possession Of A Destructive Device

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Wyoming County man was sentenced today by Senior United States District Judge Richard P. Conaboy to serve 60 months in prison on the charges of Receipt and Distribution of Child Pornography and Possession of a Destructive Device.

     According to United States Attorney Peter J. Smith, Joseph Keller, age 28, formerly of Tunkhannock, Wyoming County, admitted to using a computer to download and distribute images of child pornography in 2011 and to possessing an unregistered homemade destructive device.

     In addition to the prison term, Senior Judge Conaboy also ordered that Keller be supervised by a probation officer for twenty years following his prison sentence.

     The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, the Wyoming County District Attorney’s Office and the Luzerne County District Attorney’s Office.

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

    
****

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Lee Raeder, age 45, of Tamaqua, Schuylkill County, was sentenced today in federal court on a charge of production of child pornography.  United States District Court Senior Judge Richard P. Conaboy sentenced Raeder to 121 months of imprisonment and three years supervised release.  Raeder was also ordered to comply with the registration requirements of the Sexual Offender Registration Act (the Adam Walsh Act).

     Raeder was arrested on April 2, 2013 and charged with the production of child pornography.  He entered a guilty plea to the charge on May 7, 2013.  The criminal information sets the time period for the offenses as various times between January 2001 through December 2012.

     The case against Raeder stems from an investigation by the Pennsylvania State Police Computer Crimes Unit and United States Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).  Raeder produced videos and other images and then maintained them on his computer.  A forensic examination of Raeder’s computer revealed the images and videos.  The victims were identified.  Raeder is in custody and still faces pending state charges.

     United States Attorney Peter J. Smith noted that this case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

     The case was prosecuted by Assistant United States Attorney Michelle Olshefski.

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a federal grand jury in Scranton on Tuesday charged a Clarks Summit man with threatening to kill the President of the United States.

     According to United States Attorney Peter J. Smith, Nicholas Savino, age 42, allegedly sent an e-mail to the White House on August 16, 2013, that read: “President Obama the Anti-Christ. As a result of breaking the constitution you will stand down or be shot dead.”

     The indictment also charges Savino with transmitting a threatening communication in interstate commerce.

     The charges stem from an investigation by the United States Secret Service and the Clarks Summit Police.

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

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

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

     In this case, the maximum penalty under the federal statute is 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 that a grand jury in Scranton returned an indictment Tuesday charging James King, age 47, of Wilkes-Barre, Pennsylvania, for possession of heroin with intent to distribute.

     According to United States Attorney Peter J. Smith, King was arrested in April 2013 in connection with a drug sale in Kingston, PA.

     The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Luzerne County Drug Task Force. The case is assigned to Assistant United States Attorney Todd K. Hinkley.

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

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

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

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a grand jury in Scranton returned an indictment Tuesday charging Aric T. Branch, age 34, Queens, New York and Crystal Sunshine Smith, age 35, Holbrook, New York, with conspiracy to pass, receive, and deal in counterfeit United States Federal Reserve Notes. Branch and Smith are also charged with aiding and abetting each other in the passing, receiving, and dealing in counterfeit notes.

     According to United States Attorney Peter J. Smith, in May 2013, Branch and Smith traveled from New York to Dickson City, Pennsylvania for the purpose of passing the counterfeit notes at various retailers located in Dickson City, including J.C. Penney and Target Department Stores.

     The case was jointly investigated by the United States Secret Service and the Dickson City Police Department.

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

Federal Cocaine Trafficking And Money Laundering Charges

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County woman was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 48 months in prison on the charges of conspiracy to distribute cocaine and conspiracy to commit money laundering.

     According to United States Attorney Peter J. Smith, Denisse Camilo-Cepeda, age 32, formerly of Stroudsburg, Monroe County, admitted to participating in a conspiracy to distribute powder cocaine and to commit money laundering in the Monroe County and Northampton County areas in 2011. 

     Previously, Camilo-Cepeda’s husband, Dickson Gutierrez, age 37, formerly of Stroudsburg, was sentenced to 60 months in prison for his participation in the same cocaine trafficking conspiracy.

     As part of their plea agreements, Gutierrez and Camilo-Cepeda also agreed to forfeit to the United States two properties in the Dominican Republic which they purchased with the proceeds of cocaine trafficking activity.  Camilo-Cepeda also faces deportation proceedings.

     In addition to the prison term, Senior Judge Kosik also ordered that Camilo-Cepeda be supervised by a probation officer for five years following her prison sentence if she is not deported. 

     The investigation was conducted by the Drug Enforcement Administration, the Stroud Area Regional Police Department and the Internal Revenue Service, Criminal Investigations.

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

    
****

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 38-year-old Luzerne County resident was indicted by a federal grand jury Tuesday on charges of receiving and distributing child pornography.

     According to United States Attorney Peter J. Smith, the defendant, Michael Shaw, allegedly downloaded and traded child pornography during 2012 until June 5, 2013.

     The charge against Shaw resulted from an investigation by special agents and task force officers of the Federal Bureau of Investigation, investigators from the Pennsylvania State Police, detectives from the Luzerne County District Attorney’s Office, and local police.

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

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

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 33-year-old Bethlehem resident was indicted by a federal grand jury Tuesday on charges of receiving and distributing child pornography.

     According to United States Attorney Peter J. Smith, the defendant, Stephen Puza III, allegedly downloaded and shared child pornography during July 2011 through September 23, 2011. Puza allegedly committed the offense while residing in Lehighton, Carbon County.

     The charge against Puza resulted from an investigation by special agents and task force officers of the Federal Bureau of Investigation, the Pennsylvania State Police, and Lehighton Borough Police.

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

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

And The Robbery Of Dunmore Bank

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that Romeal Price, age 36, of Brooklyn, New York, pleaded guilty Thursday to escape and bank robbery before Senior United States District Court Judge James M. Munley.

     According to United States Attorney Peter J. Smith, Price appeared in Federal Court in Scranton and admitted escaping from the Catholic Social Services Residential Reentry Center on June 18, 2013.  At the time, he was serving the remaining few months of a 15-year federal prison sentence from 2001.  Price further admitted that 10 days later while a fugitive, he robbed the Pennstar Bank, 1230 O’Neill Highway, Dunmore, Pennsylvania, of approximately $11,000.  Following the robbery, Price fled to New York City.  On July 17, 2013, deputies of the United States Marshals Service arrested Price in a New York City apartment without incident. 

     The case was investigated by the United States Marshals Service, the Federal Bureau of Investigation, and the Dunmore Police Department. The case is being prosecuted by Assistant U.S. Attorney John Gurganus.

     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 25 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 Nigerian national charged in connection with a multi-national scheme that bilked more than $70 million from U.S. and Canadian lawyers was sentenced to serve 100 months in federal prison.

     According to United States Attorney Peter J. Smith, Emmanuel Ekhator, age 42, of Mississauga, Canada, and Benin, Nigeria, was sentenced Wednesday by District Court Judge Yvette Kane following his plea of guilty to criminal conspiracy to commit mail fraud and wire fraud. Ekhator was ordered to pay $11,092,028 restitution to victims and serve a three-year term of supervised release following his incarceration.  Judge Kane also directed the forfeiture of properties in Canada and the contents of several bank accounts in Nigeria.

     According to the information the prosecutor provided to the court during the guilty plea proceeding, Ekhator was part of an attorney collection scam.  Conspirators contacted U.S. and Canadian law firms by e-mail claiming to be individuals or businesses outside North America who were owed money by entities in the U.S. and asking for legal representation to collect the money.  Often, the prospective “clients” said the monies owed came from a real estate transaction, tort claim, or divorce settlement.  Once the law firm agreed to represent the out-of-country “client”, the law firm would be contacted by the U.S. entity purportedly owing money with an offer to pay the “client” by check.  The “client” would instruct the law firm to deposit the check in the law firm’s trust account, retain the law firm’s fee, and wire the remaining funds to accounts in Asia.  The check that was then mailed to the law firm would be a counterfeit check, a fact that would be discovered only after funds from the law firm’s trust account had been wired to the Asian bank.

     The counterfeit checks, which appeared to be drawn on legitimate accounts from well-established financial institutions, often included a telephone number for the financial institution.  Lawyers attempting to determine the validity of the check would call the number only to reach another conspirator who would falsely verify the check.

     Ekhator’s co-defendant, Yvette Mathurin, has been charged in connection with this aspect of the conspiracy and is awaiting extradition from Canada.  Investigation continues against other members of the large, multi-national conspiracy.  Another co-conspirator, Kingsley Osagie, was arrested as he arrived in the Atlanta area from Nigeria and is currently awaiting trial in the Middle District of Pennsylvania.  Other co-conspirators are pending extradition from several foreign countries.       

     As part of the agreement between lawyers for Ekhator and the government, the lawyers told the court that Ekhator’s involvement in the scheme makes him responsible for losses of more than $7 million and up to $20,000,000.  Ekhator also admitted to being a leader in the criminal enterprise and that sophisticated means were used to commit the crime.

     Ekhator was arrested in Nigeria in August 2010, and extradited to the United States in August 2011.

     This case was investigated by a task force including the United States Postal Inspection Service, the Federal Bureau of Investigation, the United States Secret Service, the Toronto Police Services, the Royal Canadian Mounted Police and the Nigerian Economic and Financial Crimes Commission.  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 32-year-old East Stroudsburg resident was charged today with unlawfully possessing gamma butyrolactone (GBL), a controlled substance analogue.

     According to United States Attorney Peter J. Smith, his office filed a criminal Information today against Michael Koepfler for possessing GBL, which has a similar chemical composition to, and has the same effect on humans who ingest it, as GHB.

     The charge against Koepfler stems from an investigation by Homeland Security Investigators. It is alleged that Koepfler possessed the substance in April 2011.

     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.

     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 Pennsylvania announced the filing of an Information charging Charles A. Poalillo, Jr., age 80, of Monroe County, Pennsylvania, with filing false documents related to taking over a million dollars from pension funds.

     According to United States Attorney Peter J. 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. He is being charged with 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 is agreeing to attempt to make full restitution by the time of sentencing.

     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.

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

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

     In these particular cases, the maximum penalty under the federal statute is five years of imprisonment and 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 that Senior United States District Court Judge James M. Munley sentenced Huby Ramkissoon, age 38, of New York, New York, to 11 years’ imprisonment for the May 14, 2008 robbery of Dunay Jewelers, Wilkes-Barre, Pennsylvania.

     According to United States Attorney Peter J. Smith, the sentence imposed by Judge Munley is the result of an investigation into a 2008 scheme to rob Luzerne County jewelry stores.  To date, four other individuals have been charged in connection with that scheme in either federal or state court.  Devon Nash and Jerry Smith were charged and convicted in federal court in connection with the May 5, 2008 robbery of the Steve Hydock Diamonds in Kingston, Pennsylvania. Jerry Smith and Jason Soto were charged and convicted in connection with the May 14, 2008 robbery of Dunay Jewelers, a jewelry store located in Wilkes-Barre, Pennsylvania.  Smith was convicted in federal court, and Soto was convicted in state court.  Finally, Kirk Robinson is presently pending trial on charges of conspiracy to use firearms in connection with both robberies. 

     Huby Ramkissoon was originally charged by a Complaint in 2008 by the Wilkes-Barre Police for the robbery.   At the time the Complaint was filed in 2008, Ramkissoon was a fugitive. On October 16, 2012, a federal grand jury in Scranton returned an Indictment against Ramkissoon charging him with the robbery scheme. 

     On December 18, 2012, the Federal Bureau of Investigation located and arrested Ramkissoon in New York City.    

     On May 30, 2013, Ramkissoon pleaded guilty to two counts associated with the Dunay Jewelers robbery; interference with commerce by robbery; and using and brandishing a firearm in furtherance of the robbery. 

     In addition to the 11-year term of imprisonment, Judge Munley ordered that Ramkissoon be placed on supervised release for a period of three years following the service of his prison sentence. Judge Munley also ordered that Ramkissoon pay restitution in the amount of $89,285 representing the value of money and jewelry stolen during the Dunay Jewelers robbery.

     The case was investigated by the FBI, the Kingston Police Department, and the Wilkes-Barre Police Department. Prosecution was assigned to Assistant United States Attorney John C. Gurganus.

     The United States Attorney's Office for the Middle District of Pennsylvania announced today that following a  two-day trial before Senior U.S. District Court Judge William W. Caldwell in Harrisburg, Jerome Mario Britton, age 34, was convicted late Wednesday on one-count of possession of a firearm by a convicted felon.

     According to United States Attorney Peter J. Smith, Britton was serving a parole term on state charges when state Parole agents did a parole check/search after Britton’s brother, Dion Britton, was murdered on December 15, 2012. Parole agents entered Britton’s home on December 17, 2012. The initial search revealed contraband, including ammunition, drugs and drug paraphernalia. Parole agents contacted the Harrisburg Police Department and a search warrant for the residence was obtained. As a result of the executed search warrant, two firearms were recovered.

     Britton was indicted in January 2013 on two counts of possessing a firearm as a convicted felon, one count of possession a stolen firearm and one count of possession with the intent to distribute a controlled substance, crack cocaine.  After deliberating two hours, the jury convicted Britton of one count of possession of a firearm by a convicted felon and found him not guilty of the remaining charges.

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

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

     Britton faces a mandatory minimum of 15 years’ imprisonment and a statutory maximum of life imprisonment for the firearms offense. A sentencing date has not been scheduled.

     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 a Criminal Information in U.S. District Court in Scranton Wednesday charging Patricia A. Tokash, age 42, of Kingston, Pennsylvania, with bank embezzlement.

     According to United States Attorney Peter J. Smith, Tokash was an employee of the M & T Bank located at 15 South Franklin Street, Wilkes-Barre, Pennsylvania. While employed at the bank, Tokash worked in the Government Loan Department and was responsible for administering and processing applications for M & T Bank loans to counties, townships, and municipalities. The Criminal Information alleges that between April 2011 and April 2012, Tokash embezzled approximately $62,995.66 in bank funds from fees paid in connection with loan applications, and/or from accounts at the M & T Bank, and converted the funds to her own use.

     The case was investigated by the Federal Bureau of Investigation.  Prosecution is assigned to Assistant United States Attorney John Gurganus.

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

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigrations and Customs Enforcement, announced that three individuals were charged with being in the United States illegally, in separate cases.

     According to United States Attorney Peter J. Smith, a grand jury in Harrisburg return indictments Wednesday against: Alex Maldonado-Jimenez, age 32, a native and citizen of Honduras, Elias Mendez-Sierra, age 38, a native and citizen of Mexico, and Ivis Geraldo Raudales, age 20, a native and citizen of Mexico.

     Maldonado-Jimenez was apprehended in Lebanon County, Mendez-Sierra in Adams County, and Raudales in York County.

     The investigations were conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement and are being prosecuted by Special Assistant United States Attorney Brian 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.

     In these particular cases, the maximum penalty under the federal statute is 10 years’ imprisonment, a term of supervised release, 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 Ronald Darnell Sweeney, Jr., age 21, was sentenced today to 240 months’ (20 years) imprisonment by U.S. District Court Judge John E. Jones, III, for the violent armed carjacking that left the victim paralyzed below the waist. Judge Jones further ordered that Sweeney serve three years of supervised release. The request for restitution has been deferred for 90 days. 

     According to United States Attorney Peter J. Smith, on October 5, 2011, Sweeney entered the passenger side of a vehicle parked a few blocks away from an elementary school in which the victim was awaiting the dismissal of a school child. Sweeney pointed a handgun at the victim and instructed the victim to give up the vehicle. The victim fled the vehicle with the vehicle keys in-hand, and ran down the street calling for help. Sweeney chased the victim, then pushed the victim face down onto the ground, grabbed the vehicle keys and shot the victim in the back. Sweeney then fled the scene.

     The victim is now a paraplegic due to the injuries sustained from this shooting.

     At the sentencing hearing, Assistant U.S. Attorney Joseph J. Terz said, “On October 5, 2011, Mr. Hernandez left his home in York to pick up his grandson at school. When his grandson left school that day, Mr. Hernandez was not there to greet him. Instead, a few blocks from the school, Mr. Hernandez lay face down on a concrete sidewalk bleeding, a bullet in his back and paralyzed. Today, Ronald Sweeney, appears before this court to be sentenced to a term of imprisonment of 20 years. The bitter reality is that Mr. Hernandez has already been sentenced. On October 5, 2011, the defendant, Ronald Sweeney, sentenced Mr. Hernandez to life in a wheelchair.”

         Sweeney was indicted in June 2012 and entered a binding plea agreement in January 2013 in which he agreed to plead guilty and serve a 240 month prison sentence.

     The case was investigated by the FBI and the York Police Department. Prosecution was handled by Assistant U.S. Attorney Joseph J. Terz.

     The United States Attorney's Office for the Middle District of Pennsylvania announced that two former New Jersey residents pleaded guilty today before Magistrate Judge Karoline Mehalchick and admitted to participating in multiple armed robberies of stores and businesses located in Luzerne, Schuylkill and Carbon Counties between December of 2011 and February of 2012.

     According to United States Attorney Peter J. Smith, Tysheed Hargrove, age 20, also known by the "street-name" "Sincere,"  formerly of Newark, New Jersey, admitted to 11-counts of interference with commerce by robbery and aiding and abetting.

Specifically, Hargrove admitted to robbing the following institutions: -  Convenient Mart, 51 West Juniper Street, Hazleton, on December 21, 2011; -  Turkey Hill, 70 Station Circle, Hazle Township, on December 24, 2011; -  Unimart, Route 940, Foster Township, on January 5, 2012; - Turkey Hill, 800 Alter Street, Hazleton, on January 6, 2012; - Turkey Hill, 800 Alter Street, Hazleton, on January 10, 2012; - Fegley's Mini-Mart, 30-32 Center Street, Tamaqua, on January 20, 2012 ; -  Fegley's Mini-Mart, 146 South Kennedy Drive, McAdoo, on January 26, 2012; -  Wawa, SR 940, White Haven, on January 29, 2012; - Turkey Hill, 205 Claremont Avenue, Hometown, on February 3, 2012; -  Unimart/Exxon, 541, Altamont Boulevard, Frackville, on February 3, 2012; and
-  Fegley's Mini-Mart/Dunkin Donuts, 30-32 Center Street, Tamaqua on February 5, 2012.

In addition, Jose Nunez, age 20, also known by the "street-name" "Skillz," formerly of Newark, New Jersey, pleaded guilty to aiding and abetting Hargrove in the following seven robberies:

- Convenient Mart, 51 West Juniper Street, Hazleton, on December 21, 2011; - Turkey Hill, 70 Station Circle, Hazle Township, on December 24, 2011; -  Unimart, Route 940, Foster Township, on January 5, 2012; -  Fegley's Mini-Mart, 146 South Kennedy Drive, McAdoo, on January 26, 2012; -  Wawa, SR 940, White Haven, on January 29, 2012; - Turkey Hill, 205 Claremont Avenue, Hometown on February 3, 2012; and
- Unimart/Exxon, 541, Altamont Boulevard, Frackville on February 3, 2012;

     Magistrate Judge Mehalchick ordered that presentence investigations be conducted by the United States Probation Office.  Sentencing will be scheduled at a future date before Senior United States District Judge Richard P. Conaboy.

     The investigation was conducted by the Federal Bureau of Investigation, the Pennsylvania State Police, and numerous local law enforcement agencies, including the Hazleton, Tamaqua, McAdoo, Kidder Township, Rush Township and Nesquehoning Police Departments, and the Luzerne County, Schuylkill County and Carbon County District Attorney's Offices.

     Prosecution has been assigned to Assistant U.S. Attorney Robert J. O'Hara.

****

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that an Information was filed today in U.S. Middle District Court in Williamsport against Matthew Mitchell Wilson, age 22, of Indian Trail, North Carolina.  The Information charges Wilson with e-mailing a false bomb threat to the Low Security Correctional Institution at Allenwood on March 31, 2012.
 
     According to United States Attorney Peter J. Smith, the Information alleges that on March 31, 2012, during a trip to visit his brother at the prison, Wilson sent an e-mail to the prison stating that there was a bomb in that facility.
  
     The case was investigated by the Federal Bureau of Investigation. 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.

     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 Pennsylvania announced that Andrew Angle, age 26, from Camp Hill, entered a guilty plea today before U.S. District Court Judge Christopher C. Conner to conspiracy to distribute marijuana between December 2011 and March 2012.

     According to United States Attorney Peter J. Smith, Angle also forfeited over $50,000 in cash and drug proceeds seized from a bank account, safe deposit box, and locations affiliated with Angle. Angle has contested forfeiture of $28,000 in cash taken from one of his bank accounts. That forfeiture will be decided by the court at a later proceeding.

     The case was investigated by the DEA, Dauphin County Drug Task Force and the Cumberland County Drug Task Force. Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.

     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 five years’ imprisonment and 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 federal jury returned guilty verdicts Wednesday against a Scranton man on all five charges related to his participation in a murder-for-hire scheme after a three-day trial in Senior U.S. District Court Judge A. Richard Caputo’s courtroom in Wilkes-Barre.

     According to United States Attorney Peter J. Smith, the jury deliberated approximately three hours before finding Gary Williams, age 45, guilty 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.

     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.  

     Judge Caputo scheduled sentencing in the case for November 21, 2013. Williams faces a possible maximum sentence of life in prison, a fine of up to $1.25 million, a maximum term of supervised release of 19 years, and a $500 special assessment.  Williams was ordered to be detained in prison pending sentencing.

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

    The United States Attorney's Office for the Middle District Pennsylvania announced that a federal grand jury in Harrisburg returned an indictment charging James O. Payne, age 32, of Harrisburg, with crack cocaine trafficking.

     According to United States Attorney Peter J. Smith, Payne distributed crack cocaine in Harrisburg and elsewhere from 2011 to February 2013. An investigation by the United States Drug Enforcement Administration, Dauphin County Criminal Investigation Division, the Dauphin County Office Probation and Parole, and the Harrisburg Bureau of Police, revealed his pattern of drug trafficking in the area.
Prosecution is assigned to Assistant United States Attorney Michael A. Consiglio.

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

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

     In this particular case, the maximum penalty under the federal statute is life imprisonment and 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 that Robert G. Bard, age 47, of Warfordsburg, Pennsylvania, was convicted in U.S. District Court for the Middle District of Pennsylvania of 21 counts of fraud-related offenses after a seven-day jury trial before U.S. District Court Judge Sylvia H. Rambo. No date was set for sentencing.

     Bard was a registered investment advisor and was the owner and operator of Vision Specialist Group (VSG) between December 2004 and August 2009. The jury convicted Bard of defrauding numerous investors by, among other things, misrepresenting the value and make-up of their investment portfolios. Bard executed the scheme by creating phony account statements which significantly inflated the value of the investors’ accounts and included securities that were not owned by the investor. Bard created the phony account statements to conceal over $3 million in losses his clients sustained between 2006 and 2009 as a result of risky and speculative stocks he purchased on their behalf.

     Bard also failed to inform his clients that he was terminated from his prior employment as a stock broker for forging customer signatures on financial documents, had received a lifetime ban from the National Association of Securities Dealers and had declared personal bankruptcy in 2005.

     Bard faces up to 20 years’ imprisonment on the securities fraud charge, up to 20 years’ imprisonment on each of the 14 wire fraud charges, up to 20 years’ imprisonment on each of the three mail fraud charges, up to 30 years’ imprisonment on the bank fraud charge and up to five years’ imprisonment on the false statements charge, as well as substantial fines and penalties when he is sentenced. Bard was previously held liable for a civil penalty of $2.5 million as well as disgorgement of $450,000 in profits in connection with a prior civil proceeding brought by the Securities and Exchange Commission.

     The case was investigated by the FBI with assistance from the Securities and Exchange Commission. Senior Litigation Counsel Bruce Brandler handled the prosecution.

The Robbery Of Dunmore Bank Charged

     The United States Attorney’s Office for the Middle District of Pennsylvania announced the filing of a criminal Information in U.S. District Court in Scranton Wednesday charging Romeal Price, age 36, of Brooklyn, New York, with escape and bank robbery.

     According to United States Attorney Peter J. Smith, the Information charges that while completing his remaining few months of a 15-year federal prison sentence from 2001, Price escaped from the Catholic Social Services Residential Reentry Center on June 18, 2013. It is alleged that following his escape, Price robbed the Pennstar Bank, 1230 O’Neill Highway, Dunmore, Pennsylvania, of approximately $11,000 on June 28, 2013. Following the robbery, Price fled to New York City.  On July 17, 2013, deputies of the United States Marshals Service arrested Price in a New York City apartment without incident. 

     The case was investigated by the United States Marshals Service, the Federal Bureau of Investigation, and the Dunmore Police Department. The case is being prosecuted by Assistant U.S. 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 case, the maximum penalty under the federal statute is 25 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 the Third Circuit Court of Appeals today affirmed the sentence of life imprisonment imposed by Senior U.S. District Court Judge Edwin M. Kosik on Charles Sechler for his participation in an eight-year drug trafficking conspiracy that was responsible for distributing large amounts of methamphetamine and marijuana in Northeastern and Central Pennsylvania between 1995 and 2003.

     According to United States Attorney Peter J. Smith, Sechler, age 44, who resided in the Montoursville area during the time of the conspiracy, was convicted by a jury after a six-day trial in July 2007.  The jury returned guilty verdicts on all eleven drug-related charges against Sechler and his co-defendant Steven Fausnaught. Fausnaught was sentenced to 24 years in prison and his sentence was previously affirmed on appeal.

     Sechler was indicted by a federal grand jury on August 12, 2003, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, Bloomsburg Police, the Columbia County Drug Task Force, and the Pennsylvania Attorney General’s Office.

     After his conviction in the case, Sechler was released on bail and fled to Canada, was subsequently apprehended by Canadian authorities in cooperation with the U.S. Marshals Service,  then fought extradition by claiming he was a “political prisoner.”  He was returned to the United States and sentenced on July 14, 2011.

     In upholding the life sentence, the Third Circuit Court noted that Sechler was responsible for distributing at least 15 kilograms of methamphetamine and more than 100 kilograms of marijuana, possessed firearms in connection with the conspiracy, and was an organizer and leader of the multi-year drug trafficking operation. The Court rejected Sechler’s argument that the sentence of life imprisonment violated the Eighth Amendment’s prohibition against cruel and unusual punishments, reasoning that the district court’s sentence was not “grossly disproportionate when balanced against the gravity of his offenses.”

     Assistant United States Attorney Francis P. Sempa prosecuted the case and handled the appeal for the government.

     The United States Attorney’s Office for the Middle District of Pennsylvania and the U.S. Department of Homeland Security, Immigration and Customs Enforcement, announced today that a 28-year-old year-old native and citizen of Mexico has been charged with Illegal Reentry into the United States.

     According to United States Attorney Peter J. Smith, Estevan Almanza-Mendoza, age 28, 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 Wednesday.

     The indictment alleges that Almanza-Mendoza, an alien who has been convicted on December 21, 2009, of Illegal Re-Entry into the United States by a Previously Deported Alien, was previously arrested and deported from the United States on January 11, 2010, did knowingly and unlawfully reenter the United States. He was located by federal immigration agents in York County, Pennsylvania.

     This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement. It 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.

     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 Oriana Merino, age 31 and Raquel Cuni, age 65, both of Harrisburg, were indicted Wednesday and charged with theft of government funds and social security fraud.

     According to U.S. Attorney Peter J. Smith, from March 2010 to May 2013, Merino and Cuni received Supplemental Security Income and disability benefit payments as Representative Payees for their son/grandson and used the money for themselves. The child had been removed from the home and transferred to the custody of Dauphin County Children and Youth Services. 

     This case is being investigated by Social Security Office of 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.

     In this case, the maximum penalty under the federal statute is 15 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 following a three-day trial before U.S. District Court Judge Christopher C. Conner, an Emporium, Pennsylvania man was convicted late Wednesday on charges of carjacking, brandishing a gun during a crime of violence and receiving a stolen firearm stemming from an armed carjacking.

     According to United States Attorney Peter J. Smith, on August 8, 2012, Thomas Edward Smith, age 58, pretended to be working on a car parked along a street in Emporium and flagged down an employee of Citizens & Northern Bank.  Smith entered the vehicle and pulled out a handgun. Smith then directed the victim to drive to the Citizens & Northern Bank branch in Emporium.  Smith told the victim this would be "the worst day of her life," that the victim and the bank had taken his house away from him in a bank foreclosure, and that the victim and another bank employee were now "going to pay for it." The victim jumped out of the vehicle to escape from Smith, who then also fled from the vehicle.

     Smith was indicted in September 2012.

     Sentencing is scheduled for November 15, 2013.

     The case was investigated by the Emporium Borough Police Department, the Pennsylvania State Police, and the Federal Bureau of Investigation. Prosecution was handled by Assistant United States Attorney George J. Rocktashel. 

    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 a Texas man was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 48 months in prison on the charge of conspiracy to distribute cocaine.

     According to United States Attorney Peter J. Smith, Jhonny Pichardo, age 51, formerly of Coppell, Texas, previously admitted to participating in a drug-trafficking conspiracy which obtained cocaine in Texas and distributed the cocaine in the Monroe County and Northampton County areas in 2011.

     In addition to the prison term, Senior Judge Kosik also ordered that Pichardo be supervised by a probation officer for four years following his prison sentence.

     The investigation was conducted by the Drug Enforcement Administration, the Stroud Area Regional Police Department and the Internal Revenue Service, Criminal Investigations.

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

Man Charged With Counterfeiting

     The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a felony Information in U.S. District Court in Scranton charging Fabian Forbes, age 23, of  Wilkes-Barre, Pennsylvania, with a conspiracy to deal in counterfeit United States Federal Reserve Notes.

     According to United States Attorney Peter J. Smith, the Information charges that Forbes conspired with others in a scheme that involved the bleaching of genuine $1 Federal Reserve Notes for the purpose of printing over those notes with a genuine $100 Federal Reserve Note. The Information charges that Forbes engaged in this activity from December 2012 through June 2013.

     The case was investigated by the United States Secret Service. 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 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.

Federal Cocaine Trafficking And Money Laundering Charges

     The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Monroe County man was sentenced today by Senior United States District Judge Edwin M. Kosik to serve 60 months in prison on the charges of conspiracy to distribute cocaine and conspiracy to commit money laundering.

     According to United States Attorney Peter J. Smith, Dickson Gutierrez, age 37, formerly of Stroudsburg, Monroe County, previously admitted to participating in a conspiracy to distribute powder cocaine and to commit money laundering in the Monroe County and Northampton County areas in 2011.  As part of his plea agreement, Gutierrez also agreed to forfeit to the United States two properties in the Dominican Republic which were purchased with the proceeds of cocaine trafficking activity.

     In addition to the prison term, Senior Judge Kosik also ordered that Gutierrez be supervised by a probation officer for four years following his prison sentence.

     The investigation was conducted by the Drug Enforcement Administration, the Stroud Area Regional Police Department and the Internal Revenue Service, Criminal Investigations.

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

     The United States Attorney’s Office for the Middle District of Pennsylvania announced today the filing of a Criminal Information in U.S. District Court in Scranton charging Timothy Turner, age 36, of Shavertown, Pennsylvania, with a fraud scheme utilizing the United States Mails.

     According to United States Attorney Peter J. Smith, Turner allegedly held himself out as a mortgage consultant, financial consultant, debt relief consultant and/or credit repair consultant with a local business office in Kingston, Pennsylvania.  Turner, conducting business under the following corporate and fictitious entity names: The Turner Financial Company, LLC; The Turner Financial Co., LLC; In-Motion Debt Relief; Turner Approved Mortgage; and The Mortgage Modification Consultants.

     Turner allegedly devised a scheme to defraud a victim of funds the victim provided Turner who offered debt relief services which included offers to assist the victim in negotiating settlements with credit card companies.

     Turner allegedly offered to negotiate settlements with the creditors for approximately 40% of what was owed when the victim’s escrow account reached a sufficient balance. Part was to go into an "escrow account" to be used to satisfy the victim’s outstanding debts, and a separate portion was to go to Turner for his services.

     The Information alleges that Turner comingled client funds with company funds and converted the client funds for his own use. Turner allegedly deposited the victim’s funds into an account and then promptly divided it among other business accounts. During a 15-month period between August 1, 2008 through October 31, 2009, Turner made purchases of a personal nature utilizing the victim’s funds.  Turner obtained from the victim approximately $23,600 of which Turner claimed that approximately $16,000 were his fees with the remainder allegedly deposited in the "escrow account." Turner allegedly did not settle any of the victim’s credit card debt nor negotiate any settlement; he allegedly closed the business, and moved out of state without reimbursing the victim.

     The case was investigated by the United States Secret Service.  Prosecution is assigned to Assistant United States Attorney John Gurganus.

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

     The United States Attorney's Office for the Middle District of Pennsylvania announced today that an indictment charging three individuals with allegedly being involved in the violent robbery of a York County jewelry store has been unsealed.

     According United States Attorney Peter J. Smith, Jamell Smallwood, age 42, of Allentown, Pennsylvania, Timothy Forbes, age 31, of Allentown, Pennsylvania and Jesse Brewer, age 38, of Jamaica, New York, were charged with robbery and possession of a firearm during a crime of violence.

     An indictment returned by a Harrisburg grand jury on January 30, 2013, was sealed pending the arrest of Smallwood. A superseding indictment was returned on May 15 adding charges against Forbes and Brewer.

     The charges are the result of allegations that on July 12, 2012, Smallwood, Forbes and Brewer robbed White Jewelers in York, Pennsylvania and shot the owner of the store three times, severely injuring him.

     The case is being jointly investigated by the Federal Bureau of Investigation and the York Area 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.

     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.