Western District of Pennsylvania

ERIE, Pa. - A former resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney David J. Hickton announced today.

The three-count indictment named Douglas E. Melter, 32, as the sole defendant.

According to the indictment presented to the court, Melter attempted to induce a minor to engage in illegal sexual activity, possessed computer images depicting minors engaging in sexually explicit conduct and possessed a firearm while he was a convicted felon.

The law provides for a maximum total sentence of life in prison, a fine of$750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation, the Pennsylvania State Police and the Erie Police Department conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Launched in February 2006, Project Safe Childhood is a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys' Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

JOHNSTOWN, Pa. - A resident of Irvona, Pa., pleaded guilty in federal court to charges of violating federal firearms laws, United States Attorney David J. Hickton announced today.

"We in the U.S. Department of Justice are working to ensure that every appropriate resource is focused on preventing gun violence and keeping firearms out of the hands of prohibited persons. One of the ways illegal guns get into the hands of criminals is when illegal drug users trade guns that have been bought or stolen for controlled substances," said U.S. Attorney Hickton. "In this case, the defendant was a prescription drug abuser who stole 72 firearms from his employer, a federally- licensed firearms dealer, and either sold them for cash to purchase drugs or traded them to acquire drugs. Fortunately, the vast majority of the firearms have been recovered."

"ATF's priority is protecting our neighborhoods from violent crime. Public safety is threatened when firearms are diverted from lawful commerce to the criminal element," said Acting Special Agent in Charge Donald Robinson of the ATF Philadelphia Field Division. "Individuals who traffic in firearms or criminally possess firearms will be targeted and arrested by ATF in our continued efforts to prevent and reduce firearms related violence in our communities."

Justin D. McElheny, 35, pleaded guilty to two counts before United States District Judge Kim R. Gibson.

In connection with the guilty plea, the court was advised that from Dec. 2007 to Oct. 15, 2011, McElheny stole 72 firearms, including revolvers, pistols and rifles of various calibers, from East Coast Gun Sales. In addition, during the same time McElheny was in possession of the stolen firearms, he was an unlawful user of Percocet, Oxycontin, Roxicet and Vicodin.

Judge Gibson scheduled sentencing for June 27, 2013 at 9:30 a.m. The law provides for a total sentence of 20 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.

Pending sentencing, the Judge released the defendant on $25,000 unsecured bond. Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police and the Allegheny Township Police Department conducted the investigation that led to the prosecution of McElheny.

According to Mr. Hickton, McElheny is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.

ERIE, Pa. - A former resident of Guanajuato, Mexico has been indicted by a federal grand jury in Erie on a charge of violating federal immigration laws, United States Attorney David J. Hickton announced today.

The one-count indictment named Maria Del Rocio Veloz-Alonso, 28, as the sole defendant. According to the indictment presented to the court, on or about January 14, 2013, Veloz­Alonso was found to be unlawfully present within the United States. Veloz-Alonso had been previously ordered deported and removed from the United States on August 27, 2010 and was removed from the United States on April 1, 2011. The defendant subsequently reentered the United States, and was found to be present in this country without the permission of the Secretary of the Department of Homeland Security.

The law provides for a maximum total sentence of 2 years in prison, a fine of$250,000, or both. Under the Federal Sentencing Guidelines; the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Christine A. Sanner is prosecuting this case on behalf of the government.

The Bureau of Customs and Border Protection conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

ERIE, Pa. - A former resident of Oaxaca, Mexico has been indicted by a federal grand jury in Erie on a charge of violating federal immigration laws, United States Attorney David J. Hickton announced today.

The one-count indictment named Evaristo Bautista-Santiago, 33, as the sole defendant.

According to the indictment presented to the court, on or about February 3, 2013, Bautista­Santiago was found to be unlawfully present within the United States. Bautista-Santiago had been previously ordered deported and removed from the United States on April 13, 2001 and was removed from the United States on October 12, 2012. The defendant subsequently reentered the United States, and was found to be present in this country without the permission of the Secretary of the Department of Homeland Security.

The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Christine A. Sanner is prosecuting this case on behalf of the government.

The Bureau of Customs and Border Protection conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

JOHNSTOWN, Pa. - A resident of Carnegie, Pa., has been indicted by a federal grand jury in Johnstown, Pa., on a charge of possession of cocaine, United States Attorney David J. Hickton announced today.

The one-count indictment named Brian J. Wimbley, 41.

According to the indictment, on Jan. 26, 2012, Wimbley possessed less than 500 grams of cocaine with the intent to distribute it.

The law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH, Pa. -Two residents of Los Angeles, Calif., have been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney David J. Hickton announced today.

The one-count indictment named Alexandra Ann Haag, 24, and Erica Rae Auer, 24.

According to the indictment presented to the court, from 2011 to April 20, 2012, Haag and Auer conspired to distribute less than 50 kilograms of marijuana.

The law provides for a maximum total sentence of up to five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Gregory J. Nescott is prosecuting this case on behalf of the government.

The United States Postal Inspection Service, the Pennsylvania State Police, and United States Department of Homeland Security conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH, Pa. - Western Pennsylvania law enforcement will continue to vigorously enforce federal and state firearms laws that target prohibited possessors, U.S. Attorney David J. Hickton, ATF Acting Asst. Special Agent in Charge Marcus Watson and others announced at a news conference today.

"Western Pennsylvania law enforcement stands united in our determination to maximize enforcement efforts to prevent gun violence and prosecute gun crime," said U.S. Attorney Hickton. "It's time to shed light on those who lie to obtain firearms for criminals, and drug users who illegally possess guns, often to trade them for drugs."

"These indictments and subsequent arrests send a clear-cut message that ATF will investigate and arrest you if you purchase, transfer or possess a firearm in violation of the law," said Acting Special Agent in Charge Donald Robinson of the ATF Philadelphia Field Division. "ATF remains dedicated to fighting violent crime, targeting the worst of the worst, and taking preventive measures to deny criminals access to firearms."

Under federal law, persons are prohibited from acquiring firearms if they

1. have been convicted or are under indictment for a felony;
2. are fugitives from justice;
3. are unlawful users of or are addicted to any controlled substances;
4. have been adjudicated as mental defectives or have been involuntarily committed to a mental institution;
5. are illegal aliens or are aliens admitted to the U.S. under a non-immigrant visa;
6. have been dishonorably discharged from the military;
7. have renounced their U.S. citizenship;
8. are subject to certain domestic-violence restraining orders; or
9. have been convicted if a domestic violence misdemeanor.

Federal charges against seven individuals were announced at today's news conference:

• Felix Cruz, 49, formerly of Houston, Pa., was charged via indictment. On Nov. 8, 2011, Cruz possessed firearms after being convicted of a crime punishable by more than one year in prison. The law provides for a maximum total sentence of up to 10 years in prison, a fine of up to $250,000, or both.
• Linda Daugherty, 32, of Eighty Four, Pa., charged via indictment. According to the indictment, Daugherty, on Dec. 15, 2011, provided false information to a federal firearms licensee by indicating that she was the actual buyer of a particular firearm when she was actually acting on behalf of someone else. The law provides for a maximum total sentence of up to five years in prison, a fine of up to $250,000, or both.
• Jeffrey Cochenour,41, of Charleroi, Pa., charged via indictment. According to the indictment, Cochenour, on Dec. 8, 2011, provided false information to a federal firearms licensee by indicating that he was the actual buyer of a particular firearm when he was actually acting on behalf of someone else. The law provides for a maximum total sentence of up to five years in prison, a fine of up to $250,000, or both.
• Ronald DeGrange, 46, of Monongahela, Pa., charge via indictment. According to the indictment, DeGrange, on Dec. 6, 2011, provided false information to a federal firearms licensee by indicating that he was the actual buyer of a particular firearm when he was actually acting on behalf of someone else and by indicating that he was not an unlawful user of, or addicted to, a controlled substance when he knew that he was an unlawful user of, or addicted to, a controlled substance. The law provides for a maximum total sentence of up to five years in prison, a fine of up to $250,000, or both.
• Charles Warner, 26, of 230 Lombard Street, Pittsburgh, Pa., charged via indictment. According to the eight-count indictment, on or about July 19, 2009, and on or about October 9, 2009, Warner made false statements to a federal firearms licensee in connection with his purchase of two firearms. According to the indictment, on those dates, Warner also was a fugitive from justice, had pending felony drug and firearms charges, and was an unlawful user or addict of controlled substances when he possessed those firearms. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both.
• Michael Howard, 28 of Venetia, Pa., charged via indictment. According to the three-count indictment, Howard, on March 6, 2010, and again on July 29, 2010, provided false information to a federal firearms licensee. In addition, according to the indictment, from March 6, 2010, to May 16, 2012, Howard possessed firearms while using or being addicted to a controlled substance. The law provides for a maximum total sentence of up to 20 years in prison, a fine of up to $750,000, or both.
• Eric Beverly, 19, of 259 Fern Street, Pittsburgh, Pa., charged via indictment. According to the two-count indictment, from in or around June 2012, and continuing thereafter to on or about July 27, 2012, Beverly conspired with a known individual to falsify firearms transaction records in connection with the purchase of two firearms. Specifically, the individual indicated on the records that the firearms were being purchased for herself when, in truth, the firearms were being purchased for Beverly who was prohibited from purchasing and possessing firearms due to his age. Additionally, on or about July 13, 2012, Beverly aided and abetted the individual in falsifying the firearms transaction records. The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Beverly is a fugitive.

Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorneys Craig W. Haller, Troy Rivetti, Charles Eberle and John Valkovci, Jr., are prosecuting these cases on behalf of the United States.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennsylvania State Police, the Allegheny County Sheriff's Office, the Pittsburgh Bureau of Police and others investigated these case. These cases are being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

State charges against 10 individuals were announced today, as well:

• Bradley Kompa, 32, of Bethel Park, false written statement to a FFL, specifically concerning drug use;
• Rose Mary Washington, 38, of Uniontown, Pa., false written statement to a FFL, specifically concerning the owner of the firearm;
• John Irwin Moeller, 47, of Canonsburg, Pa.,a prohibited person in possession of a firearm;
• Eric Beverly, 19, of Pittsburgh, Pa., conspiracy to straw purchase, and straw purchase.
• Dennis Steaves, Indiana County, Pa.
• Shakyl Black, 20, of Wilkinsburg, Pa., conspiracy to straw purchase;
• Andre Embry, 24, of Duquesne, Pa., conspiracy to straw purchase;
• Nicholas Vesely, 31, of Export, Pa., conspiracy to straw purchase, and straw purchase.
• Cynthia Joann Wiley, 28, of California, false statement to a FFL, specifically concerning the owner of the firearms.
• Olga Rivera, 49, of Houston, Pa., false statement to a FFL, specifically concerning drug use; straw purchase; and unlawfully transferred to a prohibited person.

PITTSBURGH, Pa. - A resident of Pittsburgh pleaded guilty in federal court to a charge of violating federal narcotics trafficking laws, United States Attorney David J. Hickton announced today.

Donald Goodwine, 23, pleaded guilty to one count before United States District Judge Maurice B. Cohill.

In connection with the guilty plea, the court was advised that from May 2, 2012, to May 9, 2012, Goodwine conspired to distribute and possess with intent to distribute cocaine.

Judge Cohill scheduled sentencing for June 5, 2013, at 11 a.m. The law provides for a total sentence of up to 20 years in prison, a fine of up to $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.

Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennsylvania State Police, and the Pittsburgh Bureau of Police conducted the investigation leading to the conviction in this case.

JOHNSTOWN, Pa. - A resident of Fort Hill, Pa., has been sentenced in federal court to six months in prison to be followed by six months home detention with electronic monitoring and three years supervised release on his conviction of income tax evasion, United States Attorney David J. Hickton announced today.

United States District Judge Kim R. Gibson imposed the sentence on Leonardus A. Otto.

According to information presented to the court, for the calendar years 2005, 2006 and 2007 Otto filed income tax returns showing a total taxable income of $70,844 with total tax due of $26,467, when in actuality his total taxable income was $488,165 with total tax due of $147,259.

Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Internal Revenue Service for the investigation leading to the successful prosecution of Otto.

PITTSBURGH - A resident of Latrobe, Pa., pleaded guilty and was sentenced in federal court to five years probation and six months home detention on his conviction of willful failure to file tax returns, United States Attorney David J. Hickton announced today.

United States District Judge Joy Flowers Conti imposed the sentence on Jeffrey Irwin.

According to the information presented to the court, Irwin failed to file federal tax returns for tax years 2007, 2008 and 2009. The court was advised that Irwin, along with an individual named Thomas Uhrin, earned income from an entity called Health Education Associates, which was formed following the creation of a now defunct medical school on St. Kitt's Island.

Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.

The Internal Revenue Service-Criminal Investigation for the investigation leading to the successful prosecution of Irwin.

PITTSBURGH - An accountant has entered a guilty plea in Pittsburgh to charges of conspiracy and violating federal tax laws, United States Attorney David J. Hickton announced today.

Martin R. Bujaky, 63, of Gibsonia, Pa., entered a guilty plea to six counts before United States District Judge Terrence F. McVerry.

According to evidence presented to the Court by Assistant United States Attorney Margaret E. Picking, between approximately 2000 and 2007, Bujaky, an accountant, conspired with others to harbor out-of-status aliens employed in the hotel housekeeping industry in the Pittsburgh area, as well as Cleveland, Columbus, and Cincinnati, Ohio, by knowingly preparing false tax returns on behalf of their employers, which failed to report their wages as income. Bujaky assisted in the preparation and presentation of false quarterly tax returns for portions of 2005 and 2006 for B&M Best Consulting Co. by understating the size of the payroll and the employment taxes due to the Internal Revenue Service. These false returns accounted for approximately $3 million in unreported wages. U.S. Attorney Hickton stated that the entire scheme, over the course of seven years, resulted in a tax loss of approximately $3.7 million.

The law provides for a maximum total sentence of 23 years in prison, a fine of $1.5 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Margaret E. Picking is prosecuting this case on behalf of the government.

The Internal Revenue Service-Criminal Investigation, Department of Homeland Security- Homeland Security Investigations and U.S. Department of Labor conducted the investigation that led to the prosecution of Bujaky.

PITTSBURGH, Pa. - A resident of Westmoreland County has been sentenced in federal court to six months imprisonment, $80,000 in restitution and three years supervised release on his conviction of wire fraud, United States Attorney David J. Hickton announced today.

United States District Judge Cathy Bissoon imposed the sentence on Samuel Hayden, 70, of Ligonier, Pa.

According to the information presented to the court, in October, 2010, Hayden and another person solicited funds from an investor in which he promised a significant return on a foreign commodity investment, but, instead Hayden used part of the funds for his personal benefit.

Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation conducted the investigation that led to the prosecution of Hayden.

PITTSBURGH, Pa. - A resident of Allegheny County pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.

Daniel L. King, 24, of Glenshaw, Pa., pleaded guilty to one count before United States District Judge Cathy Bissoon.

In connection with the guilty plea, the court was advised that on June 21, 2012, King possessed visual depictions, namely, videos in computer graphics files, the production of which involved the use of minors engaging in sexually explicit conduct.

Judge Bissoon scheduled sentencing for June 4, 2013, at 10:00 a.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.

Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.

The Immigration and Customs Enforcement, Homeland Security Investigations and the Pennsylvania State Police conducted the investigation that led to the prosecution of King.

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 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.justice.gov/psc.

PITTSBURGH, Pa. - An individual found by the New Castle Police has been sentenced in federal court to time-served on his conviction of re-entry into the United States after deportation, United States Attorney David J. Hickton announced today.

United States District Judge R. Mark Hornak imposed the sentence on Alex Omar Colindres-Ortiz, 33, formerly from Choluteca, Honduras.

According to indictment, Colindres-Ortiz, an alien, was removed from the United States on Sept. 3, 2010. Colindres-Ortiz was found in New Castle, Lawrence County, on Dec. 5, 2012, without having been given permission to re-enter the United States.

Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the U.S. Immigration and Custom Enforcement and the Pennsylvania State Police for the investigation leading to the successful prosecution of Alex Omar Colindres-Ortiz.

PITTSBURGH, Pa. - On Jan. 29, a resident of Allegheny County was sentenced in federal court to 36 months imprisonment, to be followed by 10 years of supervised release, on his conviction of possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.

Senior United States District Judge Gustave Diamond imposed the sentence on Harold J. Grant, III, 20.

According to information presented to the court, on Feb. 2, 2011, Grant possessed thousands of videos and still images in computer graphics files, depicting the sexual exploitation of minors, many of whom were infants and very young children engaging in sexually explicit conduct. Grant's collection of child pornography depicted particularly violent sexual acts, which he had carefully categorized.

Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Grant.

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 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.justice.gov/psc.

PITTSBURGH, Pa. - A resident of Coraopolis has been sentenced in federal court to one year probation on his conviction of possession of a machinegun, United States Attorney David J. Hickton announced today.

Senior United States District Judge Maurice B. Cohill imposed the sentence on Martin Joseph Saunders, 49.

According to information presented to the court, Saunders transferred parts designed to convert a weapon into a machinegun.

Assistant United States Attorneys Robert S. Cessar and Lee J. Karl prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Saunders.

PITTSBURGH, Pa. - A resident of California has been indicted by a federal grand jury in Pittsburgh on a charges of violating federal drug and money laundering laws, United States Attorney David J. Hickton announced today.

The two-count superseding indictment named Marlowe Dewayne Wheeler, a/k/a Marzuq Mohammed, a/k/a Marquz Muhamed, 40, as the sole defendant. His charges mirror those faced by over 20 defendants in the pending case of United States v. Ruben Mitchell, et al. at Criminal No. 09-105.

According to the superseding indictment presented to the court, from 2000 through 2010, in the Western District of Pennsylvania and elsewhere, Wheeler conspired with others to distribute and possess with the intent to distribute five kilograms or more of cocaine and launder drug money.

The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $4,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.

Assistant United States Attorney Ross E. Lenhardt is prosecuting this case on behalf of the government.

The Drug Enforcement Administration and the Internal Revenue Service-Criminal Investigation conducted the investigation leading to the superseding indictment in this case.

A superseding indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH - After deliberating for three hours, a federal jury of five men and seven women found Lewis Whoolery guilty of wire fraud conspiracy, United States Attorney David J. Hickton announced today.

Whoolery, 44, currently of Delray Beach, Fla., and formerly of Port Vue, Pa., was tried before United States District Judge Joy Flowers Conti in Pittsburgh.

According to Assistant United States Attorney Brendan T. Conway, who prosecuted the case, the evidence presented at trial established that Whoolery operated a mortgage broker business called First Capital Home Equity ("First Capital"). In 2003, Whoolery recruited an unlicensed appraiser named Kenneth Cowden to prepare fraudulent appraisals for First Capital. Between 2003 and 2005 Cowden prepared more than $67 million in fraudulent appraisals for Whoolery and First Capital. The appraisals were fraudulent not only because they falsely represented that a licensed appraiser prepared the appraisals, but also because the appraisals overstated the values of the properties serving as collateral for the loans. In addition, Cowden altered the pictures of the properties being appraised to make it look like the properties were in better condition than they really were, and in some cases he substituted pictures of completely different properties than the properties subject to the appraisals.

Also in 2003, Whoolery recruited Jeannette Gray, who was a licensed appraiser from the Philadelphia area, and Whoolery's sister, Kimberly Baldwin, to join the conspiracy. Gray, for $4,000 a month, agreed to allow Baldwin to prepare appraisals for First Capital and to sign Gray's name to the appraisals as if Gray prepared the appraisals. The appraisals, however, were not just fraudulent because they falsely represented that a licensed appraiser prepared the appraisals, but also because the appraisals overstated the values of the properties serving as collateral for the loans. Baldwin, like Cowden, also substituted pictures of properties.

In 2004, Gray stopped authorizing First Capital's use of her license. At that point, Whoolery recruited Jason Sheraw, a licensed appraiser from Irwin, Pa., to join the conspiracy. Similar to Gray, Sheraw, in exchange for $4,000 per month, agreed to allow Baldwin to prepare appraisals under his license as if he were actually preparing the appraisals. Baldwin then began to prepare her fraudulent appraisals for First Capital under Sheraw's name. Between 2003 and 2007, Baldwin prepared hundreds of fraudulent appraisals for First Capital resulting in the funding of tens of millions of dollars of fraudulent loans.

Whoolerly supervised loan officers who submitted loans using the fraudulent appraisals, including Lawrence Kraynak, Daniel O'Connor, Mark Hipsley, John Polosky, Daniel Gillen, Shawn Cupp, Elizabeth Drake, and others. The submissions to the lenders, however, were not just fraudulent because of the appraisals. Rather, the submissions to the lenders also often included representations that overstated the borrowers' financial condition, including their income and assets. Whoolery and the loan officers also often submitted fake documents in support of those false representations, including fake pay stubs and bank statements. Cowden, Kraynak, O'Connor, Hipsley, Polosky, Gillen, Cupp, Drake, Gray, Sheraw, and Baldwin have all been convicted of mortgage fraud related offenses.

In total, the government estimates that the fraudulent submissions related to this scheme led to the funding of more than $100 million in fraudulent loans, making this case the largest mortgage fraud case ever to go to trial in the Western District of Pennsylvania. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offense and the criminal history, if any, of the defendant.

The Mortgage Fraud Task Force conducted the investigation that led to the prosecution of Whoolery and the other individuals referred to above. The Mortgage Fraud Task Force is comprised of investigators from federal, state and local law enforcement agencies and others involved in the mortgage industry. Federal law enforcement agencies participating in the Mortgage Task Force include the Federal Bureau of Investigation; the Internal Revenue Service - Criminal Investigation; the United States Department of Housing and Urban Development, Office of Inspector General; the United States Postal Inspection Service; and the United States Secret Service. Other Mortgage Fraud Task Force members include the Allegheny County Sheriff's Office; the Pennsylvania Attorney General's Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee's Office.

PITTSBURGH, Pa. - An individual found in Coraopolis, Pa., has been indicted by a federal grand jury in Pittsburgh on a charge of re-entry into the United States after deportation, United States Attorney David J. Hickton announced today.

The one-count indictment named Mauro Zerecero-Soto, 24, formerly from Mexico, as the sole defendant.

According to indictment, Mauro Zerecero-Soto, an alien, was removed from the United States by United States Immigration and Customs Enforcement on April 5, 2011. Mauro Zerecero-Soto was found in Coraopolis on Jan. 4, 2013.

The law provides for a maximum total sentence of two years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Paul E. Hull is prosecuting this case on behalf of the government.

The U.S. Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.

An indictment or information is an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH, Pa. - A resident of Delmont, Pa., has been sentenced in federal court to five years probation with six months home detention and restitution of $62,360.24 on his conviction of theft of government property, United States Attorney David J. Hickton announced today.

Senior United States District Judge Gustave Diamond imposed the sentence on Gavin Fowkes, 40.

According to information presented to the court, over a period of six years, Fowkes stole $62,360.24 worth of Social Security Disability Income payments to which he knew he was not entitled. The payments had been directly deposited by the Social Security Administration into a bank account held by a relative of Fowkes.

Prior to imposing sentence, Judge Diamond took into consideration the defendant's lack of a criminal history, his early acceptance of responsibility and the defendant's ability to pay restitution through his full-time employment as a mechanic.

Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government. The Office of the Inspector General for the Social Security Administration conducted the investigation that led to the prosecution of Fowkes.

JOHNSTOWN, Pa. - A resident of Osterburg, Pa., has been sentenced in federal court to 36 months imprisonment, 10 years supervised release, and required to register as a sex offender on his conviction of possession of child pornography, United States Attorney David J. Hickton announced today.

United States District Judge Kim R. Gibson imposed the sentence on Joseph Yingling, 40.

According to information presented to the court, on Aug. 4, 2009, Yingling knowingly possessed pictures and videos in individual computer graphic files which were produced using minors engaging in sexually explicit conduct. The computer graphic files were shipped or transported in interstate or foreign commerce.

Assistant United States Attorney John J. Valkovci, Jr., prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended Homeland Security Investigations for the investigation leading to the successful prosecution of Yingling.

This case was brought as part of Project Safe Childhood. Launched in Feb. 2006, Project Safe Childhood is a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

PITTSBURGH - An attorney pleaded guilty in federal court to charges of wire fraud, filing false income tax returns , and failing to file income tax returns, United States Attorney David J. Hickton announced today.

On Jan. 25, 2013, Lisa Gerideau-Williams, 46, of New Kensington, Pa., pleaded guilty to sixteen counts before Chief United States District Judge Gary L. Lancaster.

In connection with the guilty plea, the court was advised that Gerideau-Williams was an attorney who operated a mortgage broker business called Genesis Home Solutions, and two companies specializing in closing real estate transactions called Millennium Settlement Services and Professional Settlement Solutions. Through these companies Gerideau-Williams operated a complex and multi-faceted fraud scheme.

One aspect of the scheme involved the submission of loan applications to lenders. The loan applications were fraudulent because Gerideau-Williams submitted them without the authority of the borrowers and they contained false information related to the borrowers' financial condition. For example, Gerideau-Williams submitted loan applications on behalf of her brother and her elderly aunt that were not authorized by either. In addition, Gerideau-Williams represented to lenders that her elderly aunt owned and operated a lucrative cleaning business when, in fact, her aunt was a retired state worker. Gerideau-Williams also furthered the fraud by submitted fake documents supporting the misrepresentations in the loan applications and by forging the signature of her brother and her aunt.

Gerideau-Williams' fraud also related to her operation of businesses that closed real estate transactions. Gerideau-Williams received money from lenders into her trust account that was required to be disbursed to pay liabilities associated with the collateral. In that way the lender would stand in the first lien position related to the collateral. Gerideau-Williams, rather than paying those liabilities, would simply take the money and use it to support her lavish lifestyle.

Gerideau-Williams also defrauded borrowers. Borrowers paid for title insurance and for other services such as recording deeds and mortgages. Rather than providing these services, however, Gerideau-Williams simply took the fees for those services, but failed to actually provide those services.

Title insurance companies were also victimized by Gerideau-Williams' fraud. At closings, Gerideau-Williams colleted fees from borrowers for title insurance. Gerideau-Williams, however, failed to remit those payments to the title insurance companies. In addition, some of the title insurance companies terminated Gerideau-Williams' authority to issue title insurance under their names. Despite the termination, however, Gerideau-Williams continued to issue title insurance on fraudulent transactions as if she was authorized to do so.

Gerideau-Williams' fraud was particularly egregious related to the property located in Pittsburgh, Pa. Prior to 2005, Gerideau-Williams rented that property and it was her residence. On Sept. 6, 2005, through her fraudulent businesses, she sold the property from the rightful owner of the property to her elderly aunt without the knowledge of either the owner or her aunt. A lender financed the purchase, and Gerideau-Williams simply took all of the proceeds from the transaction for her personal benefit. Gerideau-Williams, however, did not record the deed or the mortgage related to the property and therefore the property still appeared on the public record to be owned by the rightful owner of the property free of any mortgages.

On March 13, 2006, Gerideau-Williams arranged to purchase the property in her own name financed through a fraudulently obtained loan. While she recorded the deed transferring ownership of the property to her own name, she did not record the mortgage and therefore, according to the public record, it appeared that she owned the property free of any liens.

On Aug. 7, 2006, Gerideau-Williams sold the property to her brother, and her brother financed the purchase through a fraudulently obtained loan secured by Gerideau-Williams. Gerideau-Williams received the proceeds from the sale, but she did not record the deed or the mortgage and therefore the public record still showed that she owned the property free of any liens.

On Jan. 19, 2007, Gerideau-Williams sold the property to her brother again, and her brother again financed the purchase through a fraudulently obtained loan secured by Gerideau-Williams. Gerideau-Williams again received the proceeds from the sale, but she again did not record the deed or the mortgage and therefore the public record still showed that she owned the property free of any liens.

Finally, on Feb. 20, 2007, Gerideau-Williams sold the property to her brother again, and her brother again financed the purchase through a fraudulently obtained loan secured by Gerideau- Williams. Gerideau-Williams again received the proceeds from the sale, but she again did not record the deed or the mortgage and therefore the public record still showed that she owned the property free of any liens.

Equally egregious are the various loans Gerideau-Williams secured in the name of her elderly aunt. As mentioned above, Gerideau-Williams arranged for her aunt to purchase 120 Cypress Hills Drive from the rightful owner of the property. That purchase was financed through a loan fraudulently obtained by Gerideau-Williams.

Gerideau-Williams' aunt owned a home in Harrisburg, Pa. On Nov. 2, 2005, Gerideau- Williams arranged for a fraudulent refinance loan collateralized by her aunt's Harrisburg property.

On Jan. 30, 2007, Gerideau-Williams arranged for a second fraudulent refinance transaction collateralized by that same property.

On March 12, 2007 and March 21, 2007, Gerideau-Williams, without the authority of her elderly aunt, secured to other refinance transactions collateralized by that same property. For each transaction, Gerideau-Williams took the proceeds from the loans and used those proceeds to support her lavish lifestyle. In neither of those transactions, however, did she record the mortgages. In connection with those transactions she issued title insurance without the authority of the title insurance companies, forged her aunt's signature on various documents, and failed to pay the liabilities associated with the collateral as required by the lenders.

For the 2004 tax year, Gerideau-Williams, who took taxation classes at Georgetown University School of Law toward an advanced degree in tax law, filed tax returns that drastically understated her income because she failed to include the more than millions dollars earned in the course of her fraud schemes. For the 2005 and 2006 tax years, she did not file her income tax returns.

Judge Lancaster scheduled sentencing for June 7, 2013. The law provides for a total sentence of 235 years in prison, a fine of $3,700,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.

Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.

The Mortgage Fraud Task Force conducted the investigation that led to the prosecution of Gerideau-Williams. The Mortgage Fraud Task Force is comprised of investigators from federal, state and local law enforcement agencies and others involved in the mortgage industry. Federal law enforcement agencies participating in the Mortgage Task Force include the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigations; the United States Department of Housing and Urban Development, Office of Inspector General; the United States Postal Inspection Service; and the United States Secret Service. Other Mortgage Fraud Task Force members include the Allegheny County Sheriff's Office; the Pennsylvania Attorney General's Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee's Office.

PITTSBURGH - A resident of Allegheny County pleaded guilty in federal court to a charge of bankruptcy fraud conspiracy, United States Attorney David J. Hickton announced today.

David F. Baker III, 62, of Sewickley Heights, Pa., pleaded guilty to one count before United States District Judge Joy Flowers Conti.

In connection with the guilty plea, Baker conspired to defraud J.P. Morgan and Washington Mutual Bank in mortgage applications in 2005 and 2007 on a $2.5 million condominium in Sarasota, Fla.

Judge Conti scheduled sentencing for May 17, 2013. The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.

The Internal Revenue Service, Criminal Investigation, conducted the investigation that led to the prosecution of David F. Baker, III.

PITTSBURGH - A resident of Pittsburgh has been sentenced in federal court three years probation on his conviction of committing tax fraud, United States Attorney David J. Hickton announced today.

Chief United States District Judge Gary L. Lancaster imposed the sentence on Thomas N. Liadis, Sr., age 61.

According to information presented to the court, Liadis was the owner of the Grecian Isles local chain of Greek restaurants in the Pittsburgh area, with locations at the PPG building, USX Tower, and Station Square. In 2010, Liadis was targeted in a proactive IRS investigation into restaurant owners that were not reporting their gross receipts accurately to the IRS. At that time, Liadis had listed his restaurants for sale and in order to sell his restaurants, was disclosing each restaurant's total revenue. As part of the undercover investigation, these figures were compared with the numbers disclosed in Liadis's IRS 1040 tax returns, and discovered to be significantly higher. During the undercover operation, Liadis provided records to an IRS agent posing as a prospective buyer that supported the higher figures that were reported as part of the sale of the business, and not the numbers reported on Liadis' prepared tax returns. Liadis further admitted to the IRS undercover agent that he under-reported income to the IRS. A search warrant was executed at Liadis' businesses and residence and records were seized. The records indicating the actual gross receipts for Liadis' businesses were recovered. Comparison of Liadis' business records with his IRS filings for the tax years 2007, 2008, and 2009 indicate that Liadis under-reported a total of $1,011,369 of receipts resulting in a tax loss of $103,706. Specifically, on or about April 15, 2010, Thomas Liadis filed his United States Individual Income Tax Return Form 1040 for the 2009 tax year, which was verified by him in a written declaration that it was made under the penalties of perjury and filed with the Internal Revenue Service, that declared that the gross receipts of the Island Café at Station Square was $121,791 when in fact records obtained from Liadis indicated that his true gross receipts for Island Café in 2009 were $414,076.51.

Assistant United States Attorney James T. Kitchen prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Internal Revenue Service (IRS) for the investigation leading to the successful prosecution of Liadis.

PITTSBURGH - After deliberating for 1½ hours, a federal jury of six men and six women found Thomas D. Tuka guilty of four counts of income tax evasion and three counts of failure to file tax returns, United States Attorney David J. Hickton announced today.

Tuka was tried before United States District Judge Terrence F. McVerry in Pittsburgh, Pa.

According to Assistant United States Attorney Leo M. Dillon, who prosecuted the case, the evidence presented at trial established that Tuka failed to file taxes, and evaded income tax on more than $480,000 in taxable disability income he received during the period from 2003 to 2008.

Judge McVerry scheduled sentencing for May 24, 2013 at 10:30 a.m. On each of the four tax evasion counts, the law provides for a maximum total sentence of five years in prison, a fine of $250,000, three years supervised release and a $100 special assessment. The maximum penalty for each of the failure to file counts is one year imprisonment, a fine of $100,000, one year supervised release and a $25 special assessment. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Pending sentencing, the court continued the defendant on bond.

The Internal Revenue Service, Criminal Investigation conducted the investigation that led to the prosecution of Tuka.

PITTSBURGH - A resident of St. Paul, Minn., has been sentenced in federal court to eight months imprisonment, to run concurrent to his Minnesota state charge, on his conviction of union embezzlement, United States Attorney David J. Hickton announced today.

United States District Judge Mark R. Hornak imposed the sentence on Curtis Reed, 56.

According to information presented to the court, Reed, a Staff Representative of the International Union of United Steelworkers, stole approximately $3,700 from the union by charging personal expenses to the union credit and fuel cards over the five-year period from March of 2005 to May of 2010.

Assistant United States Attorney Leo M. Dillon prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Department of Labor, Office of Labor Management Standards for the investigation leading to the successful prosecution of Reed.

JOHNSTOWN, Pa. - A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of possession of child pornography, United States Attorney David J. Hickton announced today.

Austin J. Correll, 32, pleaded guilty to one count before United States District Judge Kim R. Gibson.

In connection with the guilty plea, the court was advised that on Jan. 24, 2011, Correll knowingly possessed pictures and videos in individual computer graphic files which were produced using minors engaging in sexually explicit conduct. The computer graphic files were shipped or transported in interstate or foreign commerce.

Judge Gibson scheduled sentencing for June 12, 2013, at 9:30 a.m. The law provides for a total sentence of ten years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.

Pending sentencing, the court continued Correll on bond.

Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.

Homeland Security Investigations conducted the investigation that led to the prosecution of Correll.

This case was brought as part of Project Safe Childhood. Launched in Feb. 2006, Project Safe Childhood is a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

JOHNSTOWN, Pa. - On Jan. 15, 2013, a resident of Winter Garden, Fl., was indicted by a federal grand jury in Johnstown on charges of income tax evasion, United States Attorney David J. Hickton announced today.

The four-count indictment named Walter C. Pruchnik, Jr.

According to the indictment presented to the court, from April 15, 2008, until April 15, 2011, Pruchnik owed substantially more federal income tax for the calendar years 2007 through 2010 than he declared on his income tax returns. Specifically, Pruchnik stated his taxable income for the calendar year 2007 was the sum of $66 and the amount of tax he owed was $5,316, when, in actuality, his taxable income for that year was $198,713, upon which he owed to the United States of America income tax of $66,079. For the calendar year 2008, Pruchnik stated his taxable income was -$3,638 and the amount of tax he owed was $4,380. However, in actuality, his taxable income for that year was $180,595, upon which he owed to the United States of America income tax of $58,890. For the calendar year 2009, Pruchnik stated his taxable income was $55,998 and the amount of tax he owed was $18, 677. However, in actuality, his taxable income for that year was $110,630, upon which he owed to the United States of America income tax of $35,125. For the calendar year 2010, Pruchnik stated his taxable income was $35,447 and the amount of tax he owed was $12,197. However, in actuality, his taxable income for that year was $50,795, upon which he owed to the United States of America income tax of $16,833.

The law provides for a maximum total sentence of 20 years in prison and a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.

Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.

The Internal Revenue Service Criminal Investigation conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

ERIE, Pa. - A resident of Girard, Pennsylvania, pleaded guilty in federal court to a charge of violating federal laws relating to the sexual exploitation of children, United States Attorney David J. Hickton announced today.

David E. Newcomer, 35, pleaded guilty to one count before United States District Judge Sean J. McLaughlin.

In connection with the guilty plea, the court was advised that Newcomer received computer images depicting minors engaging in sexually explicit conduct.

Judge McLaughlin scheduled sentencing for May 30, 2013 The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.

Pending sentencing, the court ordered that Newcomer be detained.

Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation that led to the prosecution of Newcomer.

Launched in February 2006, Project Safe Childhood is a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys' Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

PITTSBURGH - A resident of Allegheny County pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney David J. Hickton announced today.

Charles R. Gladish, 41, of North Braddock, Pa., pleaded guilty yesterday to one count before United States District Judge Joy Flowers Conti.

In connection with the guilty plea, the court was advised that on Oct. 26, 2011, Gladish possessed visual depictions, namely, photographs and videos in computer graphics files, the production of which involved the use of minors engaging in sexually explicit conduct.

Judge Conti scheduled sentencing for May 24, 2013, at 10 a.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.

Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.

The Pennsylvania State Police conducted the investigation that led to the prosecution of Gladish.

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 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.justice.gov/psc.

PITTSBURGH - A resident of Westmoreland County has pleaded guilty to a charge of production of material depicting the sexual exploitation of a minor, and has been sentenced in federal court to 180 months imprisonment, to be followed by a term of supervised release to extend the remainder of his life, United States Attorney David J. Hickton announced today.

United States District Judge David S. Cercone imposed the sentence on Balazs Tarnai, 36, formerly of Greensburg, Pa. At the time of his arrest, Tarnai was a Professor of Special Education at Seton Hill University in Greensburg, Pa. He holds a PhD from Penn State University.

According to information presented to the court during the guilty plea phase of the proceedings, on March 30, 2011, Tarnai knowingly received visual depictions of minors engaged in sexually explicit conduct by computer and the United States Mail. A search of his residence and seizure of his laptop computer with valid consent revealed material depicting the sexual exploitation of prepubescent minor boys, as well as homemade videos and images of minor boys using the bathrooms in his home.

Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the United States Postal Inspection Service, the Greensburg Police Department, and the Department of Homeland Security - Immigration and Customs Enforcement, HSI - Pittsburgh, for the investigation leading to the successful prosecution of Tarnai.

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 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.justice.gov/psc.

PITTSBURGH - A resident of Indiana County pleaded guilty in federal court to charges of conspiracy to commit mail fraud, as well as charges of mail fraud and tax fraud, United States Attorney David J. Hickton announced today.

Cheryl Diane Brooks, 43, of Clymer, Pa., pleaded guilty to seven counts before Chief United States District Judge Gary L. Lancaster.

In connection with the guilty plea, the court was advised that between 2007 and 2012, Brooks, a controller at Falcon Drilling Company in Indiana, Pa., conspired with another person to embezzle funds from Falcon Drilling, causing a loss to Falcon totaling nearly $10,000,000. The government represented to the court that Brooks and another person perpetrated the embezzlement by using forged checks, fake invoices to fictitious or real vendors, and false statements to auditors. Brooks obtained approximately $557,000 from the embezzlement scheme.

Judge Lancaster scheduled sentencing for May 31, 2013. The law provides for a total sentence of 74 years in prison, a fine of $1,300,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.

Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.

The United States Postal Inspection Service and Internal Revenue Service conducted the investigation that led to the prosecution of Brooks.

PITTSBURGH - A resident of Beaver County has been sentenced in federal court to 36 months incarceration on his conviction of conspiring to use stolen credit card account numbers, United States Attorney David J. Hickton announced today.

United States District Judge Arthur J. Schwab imposed the sentence on Calvin Smith, 43, of Ambridge, Pa.

According to the information presented to the court, Smith conspired with others to steal identities and account information belonging to American Express and Discover Card account holders to purchase merchandise at retail stores in Pennsylvania, West Virginia and Ohio between December 2010, and June 2011. Losses from the fraud total approximately $249,000.

Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.

Officers from the United States Postal Inspection Service and United States Secret Service, along with agents from the Western Pennsylvania Financial Crimes Task Force (WPFCTF) conducted this investigation. The WPFCTF was established in February 1995 as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the Pittsburgh Bureau of Police and the Pennsylvania State Police.

PITTSBURGH - A citizen of Mexico has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal immigration laws, United States Attorney David J. Hickton announced today.

The one-count indictment named Pedro Armando Castro, 57, of Mexico, as the sole defendant.

According to the indictment, on or about Sept. 23, 2012, Castro was found at the Westmoreland County Prison in Greensburg, Pa., after having unlawfully re-entered the United States following removal on or about Oct. 24, 2002.

The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney James T. Kitchen is prosecuting this case on behalf of the government.

United States Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH - A resident of Uniontown, Pa., has been sentenced in federal court to 150 months (12 ½ years) incarceration and six years supervised release on his conviction of violating federal narcotics laws, United States Attorney David J. Hickton announced today.

United States District Judge Nora Barry Fischer imposed the sentence on Darrell Howard Foster, 35.

According to information presented to the court, on March 14, 2012, Foster possessed with intent to distribute crack cocaine. As a result of Foster's prior felony drug and aggravated assault convictions, he was deemed a career offender and subject to an increased recommended sentencing range.

Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Drug Enforcement Administration, Pennsylvania State Police, and Uniontown Police Department for the investigation leading to the successful prosecution of Foster.

PITTSBURGH - A resident of Scottdale, Pa., pleaded guilty in federal court to a charge of conspiracy, United States Attorney David J. Hickton announced today.

Jeremy Alan Gray, 22, pleaded guilty to one count before Senior United States District Judge Maurice B. Cohill, Jr.

In connection with the guilty plea, the court was advised that from Aug. 25, 2012, and continuing thereafter to Aug. 27, 2012, Gray conspired with others to distribute 28 grams or more of crack cocaine, a Schedule II controlled substance.

Judge Cohill scheduled sentencing for Thursday May 16, 2013 at 11:3 a.m. The law provides for a total sentence of forty (40) years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.

Pending sentencing, the court continued Gray on bond.

Assistant United States Attorney James T. Kitchen is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation (FBI) conducted the investigation that led to the prosecution of Gray.

JOHNSTOWN, Pa. - A resident of Johnstown, Pa., pleaded guilty in federal court on a charge of possession of child pornography, United States Attorney David J. Hickton announced today.

Douglas Teeter, 37, pleaded guilty to the indictment before United States District Judge Kim R. Gibson.

In connection with the guilty plea, on March 13, 2009, Teeter knowingly possessed videos and images as computer graphic files containing images of child pornography, which had been shipped and transported in interstate or foreign commerce by means of a computer.

Judge Gibson scheduled sentencing for June 6, 2013, at 10:30 a.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.

The Homeland Security Investigations, with the assistance of the Johnstown Police Department, conducted the investigation that led to the prosecution of Teeter.

This case is being brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse, led by the United States Attorney's Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as identify and rescue victims.

PITTSBURGH - A resident of Beaver County pleaded guilty in federal court to a charge of conspiracy to use counterfeit credit cards, United States Attorney David J. Hickton announced today.

Rayvon Oscar Kyles, 21, of Aliquippa, Pa., pleaded guilty to one count before Senior United States District Judge Maurice B. Cohill.

In connection with the guilty plea, from June 2010 through June 2011, Kyles used counterfeit credit cards at Walmart stores in Western Pennsylvania to purchase merchandise.

Judge Cohill scheduled sentencing for May 2, 2013. The law provides for a maximum total sentence of five years in prison, a fine of $250,00, or both, as to each defendant. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendants.

Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.

Inspectors from the United States Postal Inspection Service along with agents from the United States Secret Service who, as part of the Western Pennsylvania Financial Crimes Task Force (WPFCTF), conducted the investigation that led to the successful prosecution of Rayvon Oscar Kyles. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police and the Pennsylvania State Police, conducted the investigation that led to the prosecution of Rayvon Oscar Kyles.

PITTSBURGH - A resident of Pittsburgh has been sentenced in federal court to 188 months imprisonment followed by three years supervised release on his conviction of distributing information relating to explosives with the intent that it be used for a crime of violence, United States Attorney David J. Hickton announced today.

Senior United States District Judge Donetta W. Ambrose imposed the sentence on Michael Steven Cech, 42.

According to information presented to the court, on May 18, 2012, a government confidential informant met with Cech. During the recorded conversation, the informant indicated to Cech that he was implicated in a Federal drug case and that he had a need for a bomb in order to prevent a witness from testifying against him. Cech indicated that would be “no problem,” and that he was going to put nails in the bomb so that what the explosion did not “get,” the nails would. Cech indicated to the informant that he had built bombs “many times,” and that all the informant would have to do was to “light it and throw it.” Further, Cech promised that his bomb would work. When the informant asked Cech what he wanted in exchange for the bomb, Cech stated that he wanted a .45 caliber pistol and $300. On May 25, 2012, Cech met the informant at a parking lot in Monroeville, Pa. When Cech arrived, he was in possession of components of a bomb he intended to assemble. The components included a pipe, two endcaps, serrated nails, and candle wicks. Cech then proceeded to instruct the informant how to assemble the bomb. During the recorded conversation, Cech told the informant how to handle gunpowder, how to physically put the bomb together, where to put the explosive gun powder, when to place the nails within the bomb, and how and where to drill the hole in the endcap to place the fuse into the bomb. Cech assured the informant that the bomb that he was demonstrating the assembly on would be functional, and that he had built 30 of them and all 30 had exploded as designed. Cech stated that he preferred that no kids were killed when the informant deployed the bomb, because he liked kids, but Cech stated, “it is what it is.”

Assistant United States Attorney James T. Kitchen prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Cech.

PITTSBURGH - A resident of Allegheny County has been sentenced in federal court to five months imprisonment and five months home detention with electronic monitoring, to be followed by three years supervised release, on his conviction of theft from a program receiving federal funds, United States Attorney David J. Hickton announced today. He was also ordered to pay restitution to the West Mifflin Area School District in the amount of $94,439.

United States District Judge Cathy Bissoon imposed the sentence on Ralph D. Imbrogno, 65, of McKeesport, Pa.

According to information presented to the court, from May 2008 through March 2010, Imbrogno aided and abetted Patrick Risha, the Superintendent of the West Mifflin Area School District, in defrauding the school district and misapplying a total of $94,439 in district funds. The fraud was committed in connection with the school district's awarding of 10 painting contracts to Imgrogno's son's painting company, Imbrogno Painting. Imbrogno aided Risha in defrauding the school district by producing false bid proposals from painting contractors for the contracts requiring a competitive bidding process.

Imbrogno previously pled guilty to one count of aiding Risha in the fraud with respect to a contract in the amount of $9,995.00, issued to Imbrogno Painting for the painting of a portion of the interior of Emerson Elementary School. Imbrogno Painting was paid for such services by check issued on October 21, 2009, from the West Mifflin Area School District "General Fund" account. The West Mifflin Area School District was the recipient of in excess of $1,000,000 of federal monies from the United States Department of Education during the 12-month period, including Oct. 21, 2009.

Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Federal Bureau of Investigation and the U.S. Department of Education Office of Inspector General Investigation Services for the investigation leading to the successful prosecution of Imbrogno.

PITTSBURGH - A resident of Allegheny County pleaded guilty in federal court to a charge of wire fraud, United States Attorney David J. Hickton announced today.

Timothy L. Mangis, 49, of Imperial, Pa., pleaded guilty to one count before Senior United States District Judge Maurice B. Cohill.

In connection with the guilty plea, Mangis, as a former Facilities Director at Magee-Womens Hospital of UPMC, used a UPMC credit card to obtain merchandise for himself, including auto repair services for his car, building materials and appliances, and electronic equipment at retailers such as Pep Boys, Lowe's, Home Depot and Best Buy.

Judge Hornack scheduled sentencing for April 9, 2013. The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.

The United States Secret Service conducted the investigation that led to the prosecution of Timothy L. Mangis.

PITTSBURGH - A resident of Pittsburgh was sentenced in federal court on Jan. 15, 2013, to 262 months incarceration on his conviction of federal firearms offense, United States Attorney David J. Hickton announced today.

United States District Judge David S. Cercone imposed the sentence on Timothy Wilson, 24.

According to information presented to the court, the defendant is a convicted felon who possessed a loaded sawed-off shotgun on April 20, 2011. The defendant gave a false name at the time of arrest and was wanted for escaping from custody after serving more than five years for multiple armed robberies.

Prior to imposing sentence, Judge Cercone considered that the defendant started his criminal career at age 14 when he assaulted his female victim and continued committing crimes after his multiple violent robberies.

Assistant United States Attorney Ross E. Lenhardt prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Bureau of Alcohol, Tobacco, Firearms, and Explosives for the investigation leading to the successful prosecution of last name of Timothy Wilson.

PITTSBURGH -A resident of Tarentum, Pa., has pleaded guilty in federal court to charges of federal drug and firearms offenses, United States Attorney David J. Hickton announced today.

Curtis Veasley, 33, pleaded guilty on Jan. 14, 2013, to four counts before United States District Judge Terrence F. McVerry.

In connection with the guilty plea, the court was advised that the defendant stored and sold both crack cocaine and heroin from his Tarentum residence. When police searched the home they found drugs, guns, ammunition, a bullet-proof vest and $7,540 in cash. As a felon, the defendant is precluded from possessing a firearm or ammunition under federal law.

Judge McVerry scheduled sentencing for May 17, 2013, at 9:30 a.m. The law provides for a total sentence of up to 70 years in prison, a fine of $3,250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history of the defendant.

The court remanded Veasley back to jail to await sentencing.

Assistant United States Attorney Ross E. Lenhardt is prosecuting this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tarentum Police Department conducted the investigation that led to the prosecution of Curtis Veasley.

WASHINGTON – A Pennsylvania man pleaded guilty today for coercing and enticing a minor and possessing child pornography, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, U.S. Attorney for the Western District of Pennsylvania David J. Hickton, and Special Agent in Charge John Kelleghan of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Philadelphia.

Jeffrey W. Herschell, 54, of Washington, Pa., pleaded guilty before U.S. District Judge David Stewart Cercone in the Western District of Pennsylvania. According to a statement of facts entered into the record by the government and agreed to by the defendant, Herschell sent money to the Philippines in February 2010 for a live, online sex show that included a 12-year-old minor female engaging in sexual activity. Herschell also admitted to possessing child pornography videos at his Pennsylvania residence.

At sentencing, Herschell faces a minimum sentence of 10 years in prison and a maximum sentence of life in prison on the coercion and enticement charge, and a maximum of 10 years in prison on the child pornography possession charge. Herschell also faces a term of supervised release of five years to life following his prison sentence, and will be required to register as a sex offender in any jurisdiction in which he lives, works or attends school. Sentencing has been scheduled for May 28, 2013.

This case was investigated by ICE-HSI Pittsburgh and the ICE-HSI Attache’s Office in the Philippines with significant assistance from the National Bureau of Investigation (Philippines) and the Philippine National Police. This case is being prosecuted by Assistant U.S. Attorney Jessica Lieber Smolar of the Western District of Pennsylvania and Trial Attorney Bonnie L. Kane of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS).

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 U.S. Attorneys’ Offices and 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.justice.gov/psc.

PITTSBURGH - A resident of McKees Rocks pleaded guilty in federal court to a charge of violating the federal narcotics laws, United States Attorney David J. Hickton announced today.

Carol Combs, 54, pleaded guilty to one count before United States District Judge David S. Cercone.

In connection with the guilty plea, the court was advised that Combs conspired to distribute oxycodone and oxymorphone between Aug. 24, 2010 and Jan. 20, 2012.

Judge Cercone scheduled sentencing for May 28, 2013, at 10 a.m. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Stephen R. Kaufman is prosecuting this case on behalf of the government.

The Drug Enforcement Administration conducted the investigation that led to the prosecution of Combs.

PITTSBURGH - A resident of Allegheny County has been sentenced in federal court to time served on his conviction of uttering counterfeit checks, United States Attorney David J. Hickton announced today.

Senior United States District Judge Donetta W. Ambrose imposed the sentence on Jonathan Brown, 23, of Pittsburgh, Pa.

According to the information presented to the court, Brown obtained stolen identities and then, on April 14, 2011, and negotiated counterfeit checks at Big Lots stores which he used to buy merchandise. The court was advised that Brown was involved in a larger check fraud scheme.

Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Inspectors from the United States Postal Inspection Service along with agents from the United States Secret Service who, as part of the Western Pennsylvania Financial Crimes Task Force (WPFCTF), conducted the investigation that led to the successful prosecution of Jonathan Brown. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police and the Pennsylvania State Police.

JOHNSTOWN, Pa. - A resident of Johnstown, Pa., has been indicted by a federal grand jury in Johnstown on a charge of distribution of heroin, United States Attorney David J. Hickton announced today.

The one-count indictment named Maurice L. Lindsay, 37, as the sole defendant.

According to the indictment, on Nov. 3, 2011, Lindsay distributed less than 100 grams of heroin.

The law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.

The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH - A resident of Jupiter, Fla., has been sentenced in federal court to seven years and three months incarceration on his conviction of one count of conspiracy to distribute narcotics, United States Attorney David J. Hickton announced today.

United States District Judge Arthur J. Schwab imposed the sentence on Larry James Dorsey, 34, formerly a resident of New Castle, Pa.

According to evidence presented to the court, Dorsey transported more than 40,000 oxycodone pills that he purchased for $9 each on the black market from the Orlando, Fla., area to drug dealers in the New Castle area, between 2008 and 2011. Those dealers then sold the oxycodone to drug abusers for $20-25 per pill. Oxycodone is a Schedule II narcotic that is classified as having "a high potential for abuse." Popularly called "hillbilly heroin," oxycodone is sold illegally and abused in many states in the Northeast, Midwest and South.

Dorsey found profit in his drug business. In February 2010, $109,000 in cash was seized from Dorsey by agents at the Pittsburgh International Airport, as he prepared to board a flight for Orlando. In September 2010, police in North Carolina intercepted a car from New Castle bound for Orlando, and discovered hidden in a door panel $158,000 in cash, destined for Dorsey. Following his indictment in the Western District of Pennsylvania in July 2011, agents seized boxes containing $99,930 and $79,900 from Dorsey's home and his mother's home, both in the Orlando area, and 5,000 oxycodone tablets.

Eight other individuals, all residents of Western Pennsylvania, were named in the indictment with Dorsey, and are awaiting trial.

Assistant United States Attorney Gregory J. Nescott prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Drug Enforcement Administration, the New Castle Police and the Pennsylvania State Police for the investigation leading to the successful prosecution of Larry Dorsey.

JOHNSTOWN, Pa. - An inmate at FCI Loretto, Pa., has been indicted by a federal grand jury in Johnstown on a charge of possession of contraband in prison, United States Attorney David J. Hickton announced today.

The one-count indictment named Lonnie Johnston, 31, as the sole defendant.

According to the indictment, on Oct. 31, 2012, inmate Johnston possessed heroin and marijuana.

The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.

Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.

The Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Special Investigative Staff at the Federal Correctional Institution at Loretto conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

JOHNSTOWN, Pa. - A citizen of Guatemala, has been indicted by a federal grand jury in Johnstown on a charge of re-entry of an illegal alien, United States Attorney David J. Hickton announced today.

The one-count indictment named Jose Arqimedes Guevera-Amaya, 30, of Altoona, Pa., as the sole defendant.

According to the indictment, on Nov. 19, 2012, Guevera-Amaya, an alien who had been deported from the United States on Oct. 11, 2001, was found in Blair County, Pennsylvania. He had unlawfully re-entered this country without receiving permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to do so.

The law provides for a maximum total sentence of two years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.

Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.

The Department of Homeland Security/Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.