Western District of Pennsylvania

PITTSBURGH, Pa. – United States Attorney Eric G. Olshan announced today the seizure of four domains used by the administrators and customers of a domain spoofing service. The domain seizures were authorized pursuant to seizure warrants issued in the Western District of Pennsylvania and were executed in coordination with the arrest of dozens of administrators and customers of the illicit service by foreign law enforcement agencies.

According to court records, the United States obtained authorization to seize the domains as part of an investigation of the spoofing service operated through the Lab-host.ru domain (LabHost), which resolves to a Russian internet infrastructure company. LabHost provided online infrastructure and interactive functionality for its subscription-based services. According to court records, customers of LabHost used its services to create and manage spoofed websites designed to look like the legitimate websites of businesses such as Amazon, Netflix, Wells Fargo, Bank of America, and Chase Bank. LabHost customers used the spoofed websites to lure unwitting victims into disclosing their personally identifiable information (PII)—e.g., date of birth, email address, password, address, and credit card information—on the websites the victims believed were legitimate. In turn, according to court documents, LabHost’s customers used the stolen PII to engage in unauthorized financial transactions at the expense of the victims. As outlined in court records, LabHost has been used to create over 40,000 spoofed websites, and its infrastructure has stored over one million user credentials and nearly 500,000 compromised credit cards.

The warrants authorized the seizure of the following four domains associated with application programming interface (API) services used to install spoofed websites and manage LabHost’s phishing and credential-theft operations: Instapi-1xoa93z90o348fz.co, Api2-4hdfix74ks.co, Api1-9kcpqcf7olw1w300w3m6.cc, and Api-d789342789342uy432hjf87df87dfk.cc. The four LabHost API domains were registered to NameSilo, LLC, a third-party webhosting service based in the United States. According to court records, the seized domains represented property used to commit violations of federal criminal law, including access device fraud, computer fraud, wire fraud, identity theft, and money laundering.

The effect of the domain seizures was to shut down the LabHost platform.

“Together with our international partners, the Justice Department has disrupted another cybercrime scheme originating from Russia that enabled criminals to steal from over a million victims in the United States and around the world,” said Attorney General Merrick B. Garland. “I am grateful to the U.S. Attorney’s Office for the Western District of Pennsylvania, the FBI, and our partners at the Secret Service for their work on this case, and to our foreign law enforcement partners whose efforts have led to the arrests of dozens of LabHost administrators and users.”

“The theft of personal information—and the financial ruin that often follows—should never be just another cost of using the internet for ordinary citizens,” U.S. Attorney Olshan said. “Today’s domain seizures show that cybercriminals’ greed will not go unchecked—no matter their sophistication and geographic reach. We will continue to work with our domestic and foreign law enforcement partners, using all available tools, to protect the global public.”

“Seizing LabHost and arresting those involved will have a systemic impact on transnational cybercrime,” said Special Agent in Charge Timothy P. Burke, U.S. Secret Service Pittsburgh Field Office. “We are proud to work with our foreign and domestic law enforcement partners as we continue to counter those engaged in cybercrime.”

“Behind every cybercrime-as-a-service operation lurks one thing: financial devastation,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “The FBI and our global partners will continue to aggressively pursue anyone who thinks they can get rich by stealing from hard-working Americans. Selling cybercrime tools has ripple effects that go far beyond the businesses and borders of America. With every theft and intrusion, the public loses more and more trust in our critical digital infrastructure.”

The domain seizures in the United States occurred in conjunction with the international arrests of dozens of LabHost administrators and customers facing criminal charges in more than a dozen foreign countries. Law enforcement authorities from the following countries participated in the investigation: Australia, Austria, Belgium, Canada, Czechia, Estonia, Finland, Ireland, Malta, the Netherlands, New Zealand, Poland, Portugal, Romania, Spain, Sweden, and the United Kingdom.

Assistant United States Attorney Mark V. Gurzo is representing the government in this matter.

The Federal Bureau of Investigation and United States Secret Service conducted the investigation in the United States, and the international investigation was led by the United Kingdom’s London Metropolitan Police, with the support of Europol’s European Cybercrime Centre and Joint Cybercrime Action Taskforce.

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Link to seizure warrant (unsealed by the Court on 4/18/2024)
Link to Europol press release on seizures

PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating a firearms law, United States Attorney Eric G. Olshan announced today.

The one-count Indictment named Kenneth Gaines, 33, as the sole defendant.

According to the Indictment, on February 15, 2024, Gaines, who has prior felony convictions, possessed a firearm and ammunition. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.

The law provides for a maximum total sentence of up to 15 years in prison, a fine of up to $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 Attorneys Michael R. Ball and Kelly M. Locher are prosecuting this case on behalf of the government.

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

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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

PITTSBURGH, Pa. - A resident of Lowell, Michigan, was sentenced in federal court on April 16, 2024, to 20 years of incarceration, to be followed by 15 years of supervised release, on his conviction on three counts related to the sexual exploitation of a minor from the Western District of Pennsylvania, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge Arthur J. Schwab imposed the sentence on Frank Davis, 31.

According to information presented to the Court, during online chats in August 2022, Davis sent obscene videos depicting himself engaged in sexually explicit conduct to a minor. During the conversation, Davis also induced the minor to create and send images and videos of themself engaged in sexually explicit conduct to Davis.

Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.

United States Attorney Olshan commended Homeland Security Investigations-Pittsburgh, the Pennsylvania State Police, Homeland Security Investigations-Grand Rapids (Michigan), and the Lowell Police Department (Michigan) for the investigation leading to the successful prosecution of Davis.

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

PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to time served—approximately 16 months of imprisonment—to be followed by three years of supervised release on his conviction of possession of a firearm with an obliterated serial number, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge David S. Cercone imposed the sentence on Raymond Young, 22.

According to information presented to the Court, on January 12, 2022, Allegheny County Police detectives were working in the Homestead area on a violent crime suppression detail when they observed Young preparing to smoke marijuana. When approached by the detectives, Young reached for his waistband, where he had concealed a stolen and loaded Glock 23 semi-automatic handgun with a round in the chamber. The serial numbers on the slide and frame of the weapon were obliterated. Also recovered from Young’s person incident to his arrest were $544 in cash, approximately 100 grams of marijuana, and a black digital scale.

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

United States Attorney Olshan commended the Allegheny County Police Department for the investigation leading to the successful prosecution of Young.

Note: Click here to view the wanted poster for Alexander Lefterov

PITTSBURGH, Pa. - A Moldovan national has been indicted by a federal grand jury in Pittsburgh for computer fraud crimes, aggravated identity theft, and conspiracy to commit wire fraud, United States Attorney Eric G. Olshan announced today.

The nine-count Indictment names Alexander Lefterov, a/k/a “Alipako,” a/k/a “Uptime,” a/k/a “Alipatime,” age 37, of Chisinau, Moldova, as the sole defendant.

According to the Indictment, from March 2021 through November 2021, Lefterov and his co-conspirators operated and controlled a botnet comprising thousands of infected computers throughout the United States, including in the Western District of Pennsylvania. Lefterov’s co-conspirators allegedly included “coders” who used their technical expertise to maintain and update the botnet over time. During the conspiracy, Lefterov and his co-conspirators stole victims’ login credentials—i.e., usernames and passwords—from the infected computers and then used the credentials to gain access to victim accounts at financial institutions, payment processers, and retail establishments as means to steal money from the victims. To further monetize the scheme, Lefterov allegedly leased the botnet to other co-conspirators by providing them access to infected computers as well as to the victims’ stolen credentials. Lefterov and his co-conspirators also provided access to the botnet for the purpose of distributing malware, including ransomware, to infected computers within the botnet. As the owner and operator of the botnet, Lefterov allegedly received a percentage-share of profits derived from the scheme.

“Lefterov and his co-conspirators allegedly used their sophisticated cyber skills and capabilities to victimize people throughout the country without regard for the financial havoc they wreaked,” U.S. Attorney Olshan said. “This case illustrates the resolve of our office and the law enforcement community to identify and pursue accountability from those who seek to exploit technology for their own personal gain at the expense of ordinary citizens. We will continue our collective fight to keep our neighbors safe regardless of whether they’re out on the street or sitting behind their keyboards.”

“Protecting Americans in cyber space is a top priority, and we will aggressively pursue anyone, no matter if they’re on U.S. soil or overseas, who believes our population is an easy target,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “The FBI and our partners will continue investigating the sources behind malware intrusions and the hijacking of machines for malicious attacks against Americans online. We urge everyone to practice secure cyber hygiene.”

“The United States Secret Service continues to locate cyber criminals wherever they may be, whether domestically or hiding abroad,” said Special Agent in Charge Timothy Burke, U.S. Secret Service Pittsburgh Field Office. “Working with our partners, we will continue these investigations to safeguard Americans from cyber fraud and other illicit activities.”

The Indictment against Lefterov was returned on December 28, 2021, and unsealed today.

The conspiracy to commit computer fraud, unauthorized access of a protected computer to obtain information for financial gain, and conspiracy to commit wire fraud offenses each carry a maximum penalty of five years in prison. The intentional damage to a protected computer offense carries a maximum penalty of 10 years in prison, and the maximum penalty for each of the aggravated identity theft offenses is not less than two years of imprisonment to run consecutively to any other term of imprisonment imposed. 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 Mark V. Gurzo is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and United States Secret Service conducted the investigation leading to the Indictment in this case. The Justice Department’s Office of International Affairs provided valuable assistance in this matter, as did Lithuanian and Moldovan authorities.

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

PITTSBURGH, Pa. – The former chief of police for Greensburg, Pennsylvania, pleaded guilty in federal court to engaging in a drug conspiracy, United States Attorney Eric G. Olshan announced today.

Shawn Denning, 43, of Delmont, Pennsylvania, pleaded guilty before United States District Judge Cathy Bissoon to one count of conspiracy to distribute over 50 grams of methamphetamine and a quantity of cocaine.

As part of his guilty plea, Denning admitted that, while serving as a captain of the Greensburg Police Department and continuing through his tenure as chief of the department, he conspired with others to distribute methamphetamine (in the form of fake “Adderall” pills) and cocaine to individuals in the Western District of Pennsylvania and across the country, including in Georgia, Texas, and Oklahoma. Denning boasted to a DEA confidential source that he could connect the source with “heavy hitters” across the country who would deliver drugs through the mail, later sending the source drug menus and prices, vouching for the source to the narcotics suppliers, communicating with the suppliers, and otherwise facilitating narcotics transactions. Toward the end of the investigation, Denning was recorded in an undercover operation discussing the drug conspiracy with the confidential source and admitting to his conduct.

Denning also admitted that he conspired with former Greenburg Police Officer Regina McAtee, whom Denning used to purchase drugs from the suppliers and then as a source for drugs for himself when McAtee received the orders. McAtee was charged by a separate criminal Information and is scheduled to plead guilty on May 1, 2024.

“Instead of catching drug dealers, Shawn Denning chose to be one by participating in a cross-country methamphetamine and cocaine conspiracy,” U.S. Attorney Olshan said. “Holding corrupt public officials accountable when they betray their oath to protect and serve the community remains a priority of this office and our partners in the law enforcement community.”

Judge Bissoon scheduled sentencing for August 13, 2024. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of up to $5 million, 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 Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.

The Drug Enforcement Administration, United States Postal Inspection Service, Internal Revenue Service – Criminal Investigation, and Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.

This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

PITTSBURGH, Pa. – A resident of Greenville, Pennsylvania, pleaded guilty in federal court on April 15, 2024, to possessing a firearm and ammunition after a prior felony conviction, United States Attorney Eric G. Olshan announced today.

Devon Smith, 26, pleaded guilty before United States District Judge Cathy Bissoon.

In connection with the guilty plea, the Court was advised that Smith possessed a firearm and ammunition in December of 2021 following a previous felony conviction. Federal law prohibits possession of a firearm or ammunition by a convicted felon.

Judge Bissoon scheduled sentencing for July 30, 2024. The law provides for a maximum total sentence of up to 10 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.

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

The Pennsylvania Office of Attorney General, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the conviction of Smith.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

PITTSBURGH, Pa. - A resident of Ambridge, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh for violating federal firearms law, United States Attorney Eric G. Olshan announced today.

The one-count Indictment named Nasean Hunt, 18, as the sole defendant.

According to the Indictment, on or about July 9, 2023, in the Western District of Pennsylvania, Hunt illegally possessed a machinegun—a 9mm Glock handgun affixed with a gold “automatic conversion switch.” Federal law prohibits the possession of a machinegun as well as any part, such as a switch, that is designed for use in converting a weapon into a machine.

The law provides for a maximum total sentence of up to 10 years in prison, a fine of up to $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 DeMarr W. Moulton is prosecuting this case on behalf of the government.

The Beaver County Detective Bureau and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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

PITTSBURGH, Pa. - A resident of East Pittsburgh, Pennsylvania, has been sentenced in federal court to 16 months of imprisonment on his conviction of interstate communications containing a threat to injure another person, United States Attorney Eric G. Olshan announced today.

United States District Judge J. Nicholas Ranjan imposed the sentence on Robert Notter, 35.

According to information presented to the Court, Notter made threats to numerous individuals, businesses, and organizations located in the Middle District of North Carolina while he was residing in East Pittsburgh. This included Notter sending text messages and leaving voicemails pretending to be another individual and threatening to kill the recipients.

Assistant United States Attorney Jonathan D. Lusty prosecuted this case on behalf of the government.

United States Attorney Olshan commended the U.S. Department of Homeland Security for the investigation leading to the successful prosecution of Notter.

PITTSBURGH, Pa. - A resident of Castle Shannon, Pennsylvania, was sentenced in federal court on April 10, 2024, to 108 months of imprisonment, to be followed by four years of federal supervised release, after pleading guilty to possession with intent to distribute more than 50 grams of methamphetamine and a quantity of cocaine, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge Arthur J. Schwab imposed the sentence on Michael Hunsinger, 58.

According to information presented to the Court, on June 3, 2022, the Castle Shannon Police Department executed a search warrant at Hunsinger’s residence as part of a narcotics investigation within the community. During the search, law enforcement seized large quantities of cocaine and methamphetamine from the residence.

Assistant United States Attorney Nicole Stockey prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Federal Bureau of Investigation and Castle Shannon Police Department for the investigation leading to the successful prosecution of Hunsinger.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

PITTSBURGH, Pa. – A resident of New Castle, Pennsylvania, has been sentenced to 84 months in federal prison for committing fentanyl and cocaine trafficking crimes, United States Attorney Eric G. Olshan announced today.

United States District Judge Cathy Bissoon imposed the sentence on Rayjzon Sams, 31, also ordering Sams to serve six years of supervised release following his prison sentence.

Sams previously pleaded guilty in this case to committing the following crimes in 2020 and 2021: (1) conspiring to distribute cocaine and crack, (2) distributing crack within 1,000 feet of a school, and (3) possessing fentanyl and crack with intent to distribute. According to information presented to the Court, Sams engaged in fentanyl and cocaine trafficking in Lawrence and Mercer counties despite several prior convictions and incarceration sentences from state prosecutions during the preceding 10 years, including for cocaine trafficking and aggravated assault. Sams was on bond and probation, subject to house arrest, at the time he was trafficking fentanyl and cocaine.

Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller prosecuted this case on behalf of the United States.

United States Attorney Olshan commended the Federal Bureau of Investigation, Drug Enforcement Administration, Pennsylvania Attorney General’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennsylvania State Police, Lawrence County Drug Task Force, Mercer County Drug Task Force, New Castle Police Department, Sharon Police Department, Hermitage Police Department, and Farrell Police Department for the investigation leading to the successful prosecution of Sams.

This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

PITTSBURGH, Pa. – A resident of New Brighton, Pennsylvania, pleaded guilty in federal court to a drug trafficking charge, United States Attorney Eric G. Olshan announced today.

Anthony Besiso, 62, pleaded guilty before United States Senior District Judge Nora Barry Fischer to possession with intent to distribute a quantity of a mixture and substance containing a detectable amount of methamphetamine.

Between June 2021 and January 2022, the Beaver County Anti-Drug Task Force conducted an investigation into a drug trafficking organization in New Brighton. In connection with Besiso’s guilty plea, the Court was advised that numerous controlled purchase and surveillance operations demonstrated that Besiso would obtain methamphetamine from a source of supply in Ohio and then sell it to distributors in the Western District of Pennsylvania. On January 28, 2022, law enforcement executed a federal search warrant upon Besiso’s New Brighton residence, which resulted in the seizure of three digital scales and about 103 net grams of methamphetamine, a Schedule II controlled substance.

Judge Fischer scheduled sentencing for July 19, 2024. The law provides for a maximum total sentence of up to 20 years of imprisonment, a fine of up to $1 million, 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 Brendan J. McKenna is prosecuting this case on behalf of the government.

The Beaver County Anti-Drug Task Force and Federal Bureau of Investigation conducted the investigation that led to the prosecution of Besiso.

PITTSBURGH, Pa. – A resident of McKees Rocks, Pennsylvania, has been sentenced in federal court to 37 months of imprisonment on his conviction for possession of a firearm and ammunition by a convicted felon, United States Attorney Eric G. Olshan announced today.

United States District Judge Christy Criswell Wiegand imposed the sentence on Shawn Layne, 39.

According to information presented to the Court, on June 14, 2023, the Federal Bureau of Investigation and Pennsylvania State Police executed a search warrant upon Layne’s residence, which resulted in the seizure of a loaded handgun from the bedroom. At the time Layne possessed the loaded firearm, he had been convicted of multiple felony drug offenses through the Allegheny County Court of Common Pleas. Federal law prohibits possession of a firearm or ammunition by a convicted felon.

Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Federal Bureau of Investigation and Pennsylvania State Police for the investigation leading to the successful prosecution of Layne.

PITTSBURGH, Pa. - A resident of Gibsonia, Pennsylvania, has been sentenced in federal court to 24 months of incarceration, to be followed by three years of supervised release, and ordered to pay restitution to the Internal Revenue Service in the amount of $2,613,933.92 on his conviction of tax evasion, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge David S. Cercone imposed the sentence on Eli M. Zatezalo, 52.

According to information presented to the Court, from October 2009 to January 2022, Zatezalo avoided the payment of outstanding tax liability to the IRS by transferring income into financial accounts of others to avoid IRS collection efforts.

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

United States Attorney Olshan commended the Internal Revenue Service for the investigation leading to the successful prosecution of Zatezalo.

PITTSBURGH, Pa. – A former resident of Oxnard, California, pleaded guilty in federal court on April 10, 2024, to a drug trafficking charge, United States Attorney Eric G. Olshan announced today.

Christopher Andrew Salgado, 24, pleaded guilty before United States District Judge W. Scott Hardy to one count of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine.

In connection with the guilty plea, the Court was advised that, between March 2022 and September 2022, an Organized Crime Drug Enforcement Task Force (OCDETF) conducted an investigation into a drug trafficking organization operating in the Western District of Pennsylvania. The investigation revealed that a cocaine source of supply in California would mail parcels containing kilogram quantities of cocaine to a residence in Aliquippa, Pennsylvania. After investigators seized a parcel containing two kilograms of cocaine before it reached the Aliquippa residence, the source of supply began sending the parcels to Salgado in West Virginia. Thereafter, mobile and electronic surveillance confirmed that Salgado would drive the parcel from West Virginia to the Pittsburgh International Airport, pick up co-defendant Jose Sanchez, who would arrive on flights from California, and transport both the parcel and Sanchez to another co-defendant, Romaro Foster Sr., in Aliquippa.

Following one re-supply of cocaine to Foster Sr., law enforcement followed Salgado as he drove Sanchez back to the Pittsburgh airport, and observed Salgado dispose of a box in the trash of a fast food restaurant parking lot. Investigators recovered the box, observing a shipping label with Salgado’s West Virginia address as well as drug packaging material within the box. A field test of the packaging revealed the presence of cocaine, a Schedule II controlled substance.

In August 2022, investigators seized a parcel sent from California to Salgado in West Virginia. The parcel contained approximately two kilograms of cocaine. Investigators conducted a controlled delivery operation of the parcel at Salgado’s residence, executing a federal search warrant at the residence in conjunction with the operation. From Salgado’s bedroom, investigators recovered another parcel sent from California to Salgado containing approximately two kilograms of cocaine, along with a loaded 9mm handgun, an empty pistol magazine, a box of ammunition, and a digital scale.

Judge Hardy scheduled sentencing for August 14, 2024. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of $5 million, 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.

Pending sentencing, the court remanded Salgado to the custody of the U.S. Marshals Service.

Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.

The Department of Homeland Security, U.S. Postal Inspection Service, and Drug Enforcement Administration conducted the investigation that led to the prosecution of Salgado.

This prosecution is part of an OCDETF investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

PITTSBURGH, Pa. – A resident of Farrell, Pennsylvania, has been sentenced in federal court to 24 months in federal prison, to be followed by three years of supervised release, for conspiring to distribute cocaine, United States Attorney Eric G. Olshan announced today.

United States District Judge Cathy Bissoon imposed the sentence on Kenneth Miller, 62.

Miller previously pleaded guilty in this case to conspiring to distribute a quantity of cocaine between June 2020 and June 2021. Prior to sentencing, the Court was informed that Miller assisted his co-defendants with cocaine trafficking by repeatedly allowing his Farrell apartment to be used as a location where powder cocaine was converted into crack cocaine, with Miller repeatedly receiving some of the cocaine in return.

Assistant United States Attorneys Benjamin C. Dobkin and Craig W. Haller prosecuted this case on behalf of the United States.

United States Attorney Olshan commended the Federal Bureau of Investigation, Drug Enforcement Administration, Pennsylvania Attorney General’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennsylvania State Police, Lawrence County Drug Task Force, Mercer County Drug Task Force, New Castle Police Department, Sharon Police Department, Hermitage Police Department, and Farrell Police Department for the investigation leading to the successful prosecution of Miller.

This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

PITTSBURGH, Pa. – A resident of Beaver Falls, Pennsylvania, has been sentenced in federal court to 10 years of imprisonment on his convictions for possession with intent to distribute controlled substances and possession of a firearm in furtherance of that drug trafficking crime, United States Attorney Eric G. Olshan announced today.

United States District Judge Marilyn J. Horan imposed the sentence on Robert Carpenter Jr., 39.

According to information presented to the Court, on July 25, 2022, the Beaver Falls Police Department executed a search warrant upon an apartment used by Carpenter. From the master bedroom, officers recovered 41.65 grams of cocaine base, in the form commonly known as crack, 6.74 net grams of cocaine, and 30 pills in a nightstand that also contained Carpenter’s identification and two digital scales. A laboratory analysis confirmed that some pills contained fentanyl while others contained fluorofentanyl. In addition to the packaged narcotics, law enforcement seized two firearms, a 9mm caliber handgun and a 5.56 caliber semiautomatic rifle. Both firearms were loaded and had been reported stolen, with the semiautomatic rifle loaded with a 30-round capacity magazine and having an altered serial number.

Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Beaver Falls Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Carpenter.

PITTSBURGH, Pa. - A resident of Youngwood, Pennsylvania, pleaded guilty in federal court to charges of access device fraud and aggravated identity theft, United States Attorney Eric G. Olshan announced today.

Jackie Lynn Neubauer, 41, pleaded guilty to two counts before United States District Judge Marilyn J. Horan.

In connection with the guilty plea, the Court was advised that Neubauer, as the manager of a car rental location, accepted credit card numbers of individuals obtained fraudulently from various conspirators, and knowingly processed car rental transactions as if they were legitimate. In total, Neubauer rented more than 140 vehicles in this manner, causing losses of more than $500,000.

Judge Horan scheduled sentencing for July 31, 2024. The law provides for a maximum total sentence of not less than two years and up to 12 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 prior criminal history, if any, of the defendant.

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

The United States Secret Service conducted the investigation that led to the prosecution of Neubauer.

PITTSBURGH, Pa. – A resident of West Mifflin, Pennsylvania, has been sentenced in federal court to 36 months of imprisonment on his convictions for possession of a firearm and ammunition by a convicted felon and for committing that crime while serving a period of federal supervised release, United States Attorney Eric G. Olshan announced today.

United States District Judge William S. Stickman IV imposed the sentence on Roderick Ferguson, 22.

According to information presented to the Court, on April 3, 2022, the Baldwin Police Department responded to a vehicle crash where a driver was ejected and killed after striking a parked car. Bystanders pulled a passenger, Roderick Ferguson, from the damaged vehicle. Upon arrival, officers recovered a semiautomatic rifle loaded with 29 rounds of ammunition which had been in Ferguson’s possession prior to the crash.

Following Ferguson’s discharge from the hospital for his injuries from that crash, he was a rear passenger in a vehicle during an April 28, 2022, traffic stop conducted by the Whitehall Borough Police Department in relation to an expired registration. After providing a fictitious name and being instructed to exit the vehicle, Ferguson began moving around the seat and adjusting his body. Ferguson consented to a search of his person, with law enforcement then recovering a loaded .357 Magnum revolver from Ferguson’s underwear.

Prior to the time Ferguson possessed the loaded semiautomatic rifle and loaded revolver, he was convicted of conspiracy to distribute and possess with intent to distribute controlled substances in the Western District of Pennsylvania, for which Ferguson was sentenced by Judge Stickman to 15 months of imprisonment, followed by two years of federal supervised release. Ferguson was still serving his term of supervised release at the time he possessed the loaded firearms. Under federal law, convicted felons are prohibited from possessing firearms and ammunition, and those who commit crimes while serving federal supervised release are eligible for additional prison terms.

In imposing sentence, Judge Stickman emphasized that Ferguson’s possession of loaded firearms within days of his release from his last federal sentence reflected a troubling willingness to disrespect the law.

Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Baldwin Police Department, Whitehall Borough Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Ferguson.

PITTSBURGH, Pa. – A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to federal drug charges, United States Attorney Eric G. Olshan announced today.

Andre Nunley, 50, pleaded guilty before United States District Judge William S. Stickman IV to conspiring to distribute and possess with intent to distribute 400 grams or more of fentanyl, 100 grams or more of fluorofentanyl, and 500 grams or more of cocaine, as well as attempting to possess with intent to distribute a quantity of fentanyl.

In connection with the guilty plea, the Court was advised that, between June 2022 and December 2023, Nunley was the subject of a joint investigation by federal, state, and local law enforcement operating under the High Intensity Drug Trafficking Areas (HIDTA) program in Beaver County. As part of the investigation, law enforcement seized over 500 grams of cocaine from a mid-level drug dealer as he left a brief meeting with Nunley. In January 2023, law enforcement executed federal search warrants upon both of Nunley’s known stash houses, resulting in the seizure of approximately 15,000 counterfeit oxycodone pills, 4,200 stamp bags, 40 boxes containing empty glassine bags, and bulk U.S. currency. A laboratory confirmed that the seized substances contained about 1,352 grams of fentanyl, 797 grams of a fluorofentanyl and fentanyl mixture, and 199 grams of fluorofentanyl. Fluorofentanyl and fentanyl are Schedule I and II controlled substances, respectively.

Following that seizure, law enforcement continued to investigate Nunley’s drug trafficking operation and identified a third residence used by Nunley. In December 2023, law enforcement intercepted a parcel addressed to that residence, which contained about two kilograms of fentanyl. During a controlled delivery operation of the seized parcel to the third residence, law enforcement encountered Nunley, who confessed to expecting a parcel containing drugs.

Judge Stickman scheduled sentencing for August 7, 2024. The maximum penalty for the conspiracy charge is not less than 10 years and up to life in prison, a fine of up to $10 million, or both. The maximum penalty for the attempt charge is a term of up to 20 years in prison, a fine of $1 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Pending sentencing, Judge Stickman ordered Nunley remanded to the custody of the U.S. Marshals Service.

Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.

The Drug Enforcement Administration, Pennsylvania Office of Attorney General, and United States Postal Inspection Service conducted the investigation that led to the prosecution of Nunley.

PITTSBURGH, Pa. - A resident of McKees Rocks, Pennsylvania, pleaded guilty in federal court to a charge of possession with the intent to distribute fentanyl, United States Attorney Eric G. Olshan announced today.

Devon Lamont Johnson, 36, pleaded guilty to one count before United States Chief District Judge Mark R. Hornak.

In connection with the guilty plea, the Court was advised that, after a controlled purchase of fentanyl was made from Johnson, Allegheny County detectives executed a search warrant for a McKees Rocks residence from which Johnson was selling fentanyl. The search revealed distribution quantities of fentanyl consistent with the drugs Johnson had sold during the controlled purchase. According to court documents filed by the government, Johnson has two prior drug trafficking convictions, including one for distribution of heroin in the federal court in the Northern District of Western Virginia.

Judge Hornak scheduled sentencing for September 11, 2024. The law provides for a maximum total sentence of up to 30 years in prison, a fine of $2 million, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.

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

The Allegheny County Police conducted the investigation that led to the prosecution of Johnson.

PITTSBURGH, Pa. - A resident of Waynesburg, Pennsylvania, was sentenced in federal court on April 8, 2024, to 120 months of incarceration, to be followed by 15 years of supervised release, on his conviction of transportation of a minor with intent to engage in criminal sexual activity, United States Attorney Eric G. Olshan announced today.

United States District Judge William S. Stickman imposed the sentence on James Jordan, 31.

According to information presented to the Court, from January 11, 2022, until January 12, 2022, Jordan transported a minor from Pennsylvania to West Virginia with the intent that the minor engage in criminal sexual activity.

Prior to imposing sentence, Judge Stickman stated that Jordan’s serious crimes were an abuse of trust and that Jordan had violated the youth and naivety of his child victim to cover the tracks of his crime.

Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Department of Homeland Security – Pittsburgh, Pennsylvania Office of Attorney General, Pennsylvania State Police, Waynesburg Police Department, and Lewisburg (WV) Police Department for the investigation leading to the successful prosecution of Jordan.

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

JOHNSTOWN, Pa. – A resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Johnstown on a charge of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.

The one-count Indictment named Shawn Geer, 47, as the sole defendant.

According to the Indictment, on or about July 2, 2023, in the Western District of Pennsylvania, Geer possessed with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.

The law provides for a total sentence of not less than five years and up to 40 years in prison, a fine of up to $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 Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and Pennsylvania State Police conducted the investigation leading to the Indictment.

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

PITTSBURGH, Pa. - A resident of Duquesne, Pennsylvania, has been sentenced in federal court to 30 years of incarceration on each of three counts, to be served concurrently and then followed by lifetime supervised release, on his conviction of production and attempted production of material depicting the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.

United States District Judge W. Scott Hardy imposed the sentence on George Cobbs, 41.

According to information presented to the Court, on multiple occasions, Cobbs attempted to and did use, persuade, induce, entice, and coerce a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.

Prior to imposing sentence, Judge Hardy noted that Cobbs had violated the minor victim’s trust for his own gratification and denounced Cobbs’ memorialization of his sexual abuse of the minor as degrading the minor’s personhood.

Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.

United States Attorney Olshan commended the FBI Pittsburgh Child Exploitation and Human Trafficking Task Force, including the Federal Bureau of Investigation, Allegheny County Police Department, and Duquesne Police Department, for the investigation leading to the successful prosecution of Cobbs.

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

A federal court today ordered Philips RS North America LLC (Philips Respironics) to stop manufacturing most sleep and respiratory devices at three Pennsylvania facilities, and to stop distributing such devices from those facilities, until the company takes specific measures designed to increase the safety of its devices and ensure compliance with the Federal Food, Drug, and Cosmetic Act (FDCA).

In a complaint filed April 4, in federal court in the Western District of Pennsylvania, the United States alleged that Philips Respironics, a subsidiary of Philips Holding USA Inc., violated the FDCA by manufacturing and distributing adulterated and misbranded medical devices. Specifically, the complaint alleged that Philips Respironics manufactured continuous positive airway pressure (CPAP) machines, bi-level positive airway pressure (BiPAP) machines, and mechanical ventilators at facilities in Murrysville and New Kensington, Pennsylvania, and remediated certain ventilators at a facility in Mt. Pleasant, Pennsylvania, under conditions and using practices that failed to comply with the FDCA and with Good Manufacturing Practice regulations designed to assure the safety and effectiveness of the devices. The complaint also alleged that Philips Respironics failed to submit to FDA written reports of manufacturer-initiated corrections or removals for its devices, and further failed to validate and approve the process the company used to perform remediation work on certain recalled ventilators according to established procedures. The complaint further alleged that these violations were similar to violations observed during previous inspections that resulted in two FDA Warning Letters to Philips Respironics (for its Murrysville facility), a Warning Letter to its subsidiary Respironics California LLC (for another facility in Carlsbad, California) and a civil lawsuit and consent decree with another subsidiary of Philips Holding USA Inc., Philips North America LLC.

According to the complaint, millions of CPAP machines, BiPAP machines, and mechanical ventilators manufactured at the Murrysville and New Kensington facilities were recalled in June 2021 due to potential health risks. The recalled devices contained polyester-based polyurethane (PE-PUR) foam, which was used for sound abatement. According to the recall notices issued at that time, the PE-PUR sound abatement foam “may degrade into particles which may enter the device’s air pathway and be ingested or inhaled by the user,” and “the PE-PUR foam may off-gas certain chemicals.” The FDA classified the recalls as Class I, the most serious type of recall. Philips Respironics’ efforts to remediate the PE-PUR foam in those recalled devices are ongoing, and some of the remediated devices have themselves been the subject of additional recalls.  

Defendants Philips Respironics, its parent company Philips Holding USA Inc., and subsidiary Respironics California (collectively Philips), along with Philips executives Thomas Fallon, Daniel Leonard, and Jeff DiLullo, as well as executives Roy Jakobs and Steven B. C de Baca from Philips’s Dutch parent company, all agreed to resolve the complaint through a consent decree of permanent injunction. Under the consent decree, entered today by U.S. District Judge Robert J. Colville, the defendants are barred (subject to certain limited exceptions, such as for “medically necessary” devices) from manufacturing and distributing devices at or from the three Pennsylvania facilities — or resuming such activities at the other facility in Carlsbad, California — unless and until Philips meets certain conditions. Those conditions include retaining an outside expert to inspect the defendants’ facilities, methods and controls to determine whether they conform to Good Manufacturing Practice regulations; completing activities described in an FDA-approved recall remediation plan and receiving written notification from FDA that the defendants appear to be in compliance with the FDCA and the decree.

“Medical device manufacturers have a responsibility to comply with requirements designed to ensure the safety and effectiveness of their products,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “Today’s action reflects our commitment to vigorously enforce federal law and prevent manufacturers from marketing adulterated and misbranded devices to vulnerable patients who need them.”

“Today’s consent decree requires Philips Respironics to meet a series of stringent thresholds before restarting production and establishes safeguards against future violations of the Food, Drug and Cosmetic Act,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “This office, the FDA and our partner agencies are committed to holding manufacturers accountable when they violate the law and put the public at risk.”

“The finalization of this decree is a significant milestone,” said Director Jeff Shuren, M.D., J.D., of the FDA’s Center for Devices and Radiological Health. “Throughout this recall, we have provided patients with important health information by issuing numerous safety communications and have taken actions rarely used by the agency to help protect those impacted by this recall. Today’s action is a culmination of those efforts and includes novel provisions aimed at helping ensure that patients receive the relief they have long deserved. This also marks the first time a device company is providing a remediation payment option for a recalled device under a consent decree.” 

The consent decree also requires the defendants to retain outside experts to inspect their other Sleep and Respiratory Care facilities to evaluate whether those facilities are operating in compliance with the FDCA, to correct any identified deficiencies, and to evaluate the testing that the defendants have performed and are performing on foam being used to replace the sound abatement foam in the recalled devices. The consent decree also allows FDA to subject other facilities owned by the corporate defendants to certain provisions of the injunction if a future inspection shows that those facilities are not operated in conformity with the FDCA and applicable regulations.

Trial Attorneys Natalie N. Sanders and Ryan E. Norman of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Adam B. Fischer for the Western District of Pennsylvania handled this matter, with the assistance of Senior Counsel Paige H. Taylor of the FDA’s Office of the Chief Counsel.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Pennsylvania, visit www.justice.gov/usao-wdpa.

The claims resolved by the consent decree announced today are allegations only. There has been no determination of liability.

Consent Decree

A federal court today ordered Philips RS North America LLC (Philips Respironics) to stop manufacturing most sleep and respiratory devices at three Pennsylvania facilities, and to stop distributing such devices from those facilities, until the company takes specific measures designed to increase the safety of its devices and ensure compliance with the Federal Food, Drug, and Cosmetic Act (FDCA).

In a complaint filed April 4, in federal court in the Western District of Pennsylvania, the United States alleged that Philips Respironics, a subsidiary of Philips Holding USA Inc., violated the FDCA by manufacturing and distributing adulterated and misbranded medical devices. Specifically, the complaint alleged that Philips Respironics manufactured continuous positive airway pressure (CPAP) machines, bi-level positive airway pressure (BiPAP) machines, and mechanical ventilators at facilities in Murrysville and New Kensington, Pennsylvania, and remediated certain ventilators at a facility in Mt. Pleasant, Pennsylvania, under conditions and using practices that failed to comply with the FDCA and with Good Manufacturing Practice regulations designed to assure the safety and effectiveness of the devices. The complaint also alleged that Philips Respironics failed to submit to FDA written reports of manufacturer-initiated corrections or removals for its devices, and further failed to validate and approve the process the company used to perform remediation work on certain recalled ventilators according to established procedures. The complaint further alleged that these violations were similar to violations observed during previous inspections that resulted in two FDA Warning Letters to Philips Respironics (for its Murrysville facility), a Warning Letter to its subsidiary Respironics California LLC (for another facility in Carlsbad, California) and a civil lawsuit and consent decree with another subsidiary of Philips Holding USA Inc., Philips North America LLC.

According to the complaint, millions of CPAP machines, BiPAP machines, and mechanical ventilators manufactured at the Murrysville and New Kensington facilities were recalled in June 2021 due to potential health risks. The recalled devices contained polyester-based polyurethane (PE-PUR) foam, which was used for sound abatement. According to the recall notices issued at that time, the PE-PUR sound abatement foam “may degrade into particles which may enter the device’s air pathway and be ingested or inhaled by the user,” and “the PE-PUR foam may off-gas certain chemicals.” The FDA classified the recalls as Class I, the most serious type of recall. Philips Respironics’ efforts to remediate the PE-PUR foam in those recalled devices are ongoing, and some of the remediated devices have themselves been the subject of additional recalls.  

Defendants Philips Respironics, its parent company Philips Holding USA Inc., and subsidiary Respironics California (collectively Philips), along with Philips executives Thomas Fallon, Daniel Leonard, and Jeff DiLullo, as well as executives Roy Jakobs and Steven B. C de Baca from Philips’s Dutch parent company, all agreed to resolve the complaint through a consent decree of permanent injunction. Under the consent decree, entered today by U.S. District Judge Robert J. Colville, the defendants are barred (subject to certain limited exceptions, such as for “medically necessary” devices) from manufacturing and distributing devices at or from the three Pennsylvania facilities — or resuming such activities at the other facility in Carlsbad, California — unless and until Philips meets certain conditions. Those conditions include retaining an outside expert to inspect the defendants’ facilities, methods and controls to determine whether they conform to Good Manufacturing Practice regulations; completing activities described in an FDA-approved recall remediation plan and receiving written notification from FDA that the defendants appear to be in compliance with the FDCA and the decree.

“Medical device manufacturers have a responsibility to comply with requirements designed to ensure the safety and effectiveness of their products,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division. “Today’s action reflects our commitment to vigorously enforce federal law and prevent manufacturers from marketing adulterated and misbranded devices to vulnerable patients who need them.”

“Today’s consent decree requires Philips Respironics to meet a series of stringent thresholds before restarting production and establishes safeguards against future violations of the Food, Drug and Cosmetic Act,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “This office, the FDA and our partner agencies are committed to holding manufacturers accountable when they violate the law and put the public at risk.”

“The finalization of this decree is a significant milestone,” said Director Jeff Shuren, M.D., J.D., of the FDA’s Center for Devices and Radiological Health. “Throughout this recall, we have provided patients with important health information by issuing numerous safety communications and have taken actions rarely used by the agency to help protect those impacted by this recall. Today’s action is a culmination of those efforts and includes novel provisions aimed at helping ensure that patients receive the relief they have long deserved. This also marks the first time a device company is providing a remediation payment option for a recalled device under a consent decree.” 

The consent decree also requires the defendants to retain outside experts to inspect their other Sleep and Respiratory Care facilities to evaluate whether those facilities are operating in compliance with the FDCA, to correct any identified deficiencies, and to evaluate the testing that the defendants have performed and are performing on foam being used to replace the sound abatement foam in the recalled devices. The consent decree also allows FDA to subject other facilities owned by the corporate defendants to certain provisions of the injunction if a future inspection shows that those facilities are not operated in conformity with the FDCA and applicable regulations.

Trial Attorneys Natalie N. Sanders and Ryan E. Norman of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Adam B. Fischer for the Western District of Pennsylvania handled this matter, with the assistance of Senior Counsel Paige H. Taylor of the FDA’s Office of the Chief Counsel.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Pennsylvania, visit www.justice.gov/usao-wdpa.

The claims resolved by the consent decree announced today are allegations only. There has been no determination of liability.

Consent Decree

PITTSBURGH, Pa. – A resident of Latrobe, Pennsylvania, was sentenced in federal court on April 4, 2024, to 12 months and one day of imprisonment, to be followed by three years of supervised release, on his convictions for violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge Joy Flowers Conti imposed the sentence on Richard Bakey, 30.

According to information presented to the Court, on August 1, 2020, Drug Enforcement Administration agents purchased 100 Xanax bars from Bakey in exchange for $275. Months later, on May 24, 2021, Pennsylvania State Police troopers stopped a vehicle driven by Bakey, and seized multiple envelopes containing various types of pills, including 119 fentanyl pills.

Assistant United States Attorney Jonathan D. Lusty prosecuted this case on behalf of the government.

United States Attorney Olshan commended the United States Postal Inspection Service, Drug Enforcement Administration, and Pennsylvania State Police for the investigation leading to the successful prosecution of Bakey.

ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 57 months in prison on his conviction of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.

United States District Judge Susan Paradise Baxter imposed the sentence on Kechawn Jabre Douglas, 26.

According to information presented to the Court, Douglas engaged in a conspiracy with others to distribute multi-kilogram quantities of cocaine within the Western District of Pennsylvania from in and around February 2022 to May 2022. Douglas admitted responsibility for conspiring to distribute seven kilograms of cocaine.

Assistant United States Attorney Paul S. Sellers prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Federal Bureau of Investigation, Erie Police Department, Pennsylvania State Police, Oil City Police Department, Titusville Police Department, Franklin Police Department, and United States Postal Service Office of Inspector General, in coordination with the United States Postal Inspection Service, Internal Revenue Service, Erie County Detectives, and Millcreek Police Department, for the investigation leading to the successful prosecution of Douglas.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

PITTSBURGH, Pa. – A resident of Farrell, Pennsylvania, was sentenced to 96 months in federal prison on his conviction for fentanyl and cocaine trafficking crimes, United States Attorney Eric G. Olshan announced today.

United States District Judge J. Nicholas Ranjan imposed the sentence on Maurice Brooks, 37. Judge Ranjan also ordered Brooks to serve three years of supervised release following his prison sentence.

Brooks previously pleaded guilty in this case to distributing fentanyl on May 2, 2022, and possessing with intent to distribute fentanyl and cocaine on June 2, 2022. Prior to sentencing, the Court was informed that Brooks distributed fentanyl and cocaine throughout May 2022 while Brooks was on parole following two convictions for cocaine trafficking from separate state prosecutions. Searches of Brooks’s residences in Farrell (Mercer County) in June 2022 also uncovered a stolen pistol along with additional fentanyl and cocaine.

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

United States Attorney Olshan commended the Mercer County Drug Task Force, Pennsylvania Office of Attorney General, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Brooks.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

PITTSBURGH, Pa. – A former resident of Pittsburgh, Pennsylvania, was sentenced in federal court on April 2, 2024, to 84 months of imprisonment, to be followed by six years of supervised release, on his conviction of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.

United States District Judge William S. Stickman IV imposed the sentence on Randy Cross, 40.

According to information presented to the Court, Pittsburgh Bureau of Police officers seized 33 bricks, 11 bundles, and three plastic storage bags containing a mixture of heroin and fentanyl, as well as $11,260, from Cross’s residence in March 2021.

Assistant United States Attorney Jonathan D. Lusty prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Drug Enforcement Administration and Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Cross.

JOHNSTOWN, Pa. – On April 2, 2024, a resident of Arnold, Pennsylvania, pleaded guilty in federal court to charges of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.

Milton Paschal, 44, pleaded guilty to Counts One and Eight of the Superseding Indictment before United States Senior District Judge Kim R. Gibson.

In connection with the guilty plea, the Court was advised that, from in and around August 2018 to March 2023, in the Western District of Pennsylvania, Paschal conspired with others to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine. Additionally, in and around December 2023, Paschal distributed and possessed with intent to distribute a quantity of cocaine. Paschal was intercepted on a federal wiretap obtaining cocaine that he distributed to others.

Judge Gibson scheduled sentencing for August 1, 2024. The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of up to $10 million, 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 Arnold P. Bernard Jr. is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation’s Laurel Highlands Resident Agency and Homeland Security Investigations conducted the investigation that led to the prosecution of Paschal. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, Internal Revenue Service – Criminal Investigation, United States Postal Inspection Service, and other local law enforcement agencies.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

PITTSBURGH, Pa. – A resident of Sharon, Pennsylvania, pleaded guilty in federal court to charges of trafficking cocaine, fentanyl, and heroin, United States Attorney Eric G. Olshan announced today.

Nicholas Ostheimer, 26, pleaded guilty before United States District Judge Cathy Bissoon to (1) conspiring to distribute 500 grams or more of cocaine, 40 grams or more of fentanyl, and 100 grams or more of heroin between June 2020 and June 2021; (2) distributing cocaine on November 18, 2020; and (3) possessing 500 grams or more of cocaine and a quantity of cocaine base on June 17, 2021.

Judge Bissoon scheduled sentencing for July 30, 2024. The law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of up to $5 million, 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 Attorneys Benjamin C. Dobkin and Craig W. Haller are prosecuting this case on behalf of the United States.

The Federal Bureau of Investigation, Drug Enforcement Administration, Pennsylvania Attorney General’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennsylvania State Police, Lawrence County Drug Task Force, Mercer County Drug Task Force, New Castle Police Department, Sharon Police Department, Hermitage Police Department, and Farrell Police Department conducted the investigation that led to the prosecution of Ostheimer.

This prosecution is a result of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

JOHNSTOWN, Pa. – A resident of Johnstown, Pennsylvania, was sentenced in federal court to 41 months in prison, to be followed by three years of supervised release, on his conviction of conspiracy to distribute and possession with intent to distribute crack cocaine, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge Kim R. Gibson imposed the sentence on Shawn Howard, 49.

According to information presented to the Court, from in and around June 2021 to July 2021 in the Western District of Pennsylvania, Howard conspired to distribute and possessed with intent to distribute a quantity of a mixture and substance containing a detectable amount of cocaine base, in the form commonly known as crack. Howard was intercepted on a federal wiretap obtaining quantities of crack cocaine that he distributed to others.

Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Federal Bureau of Investigation’s Laurel Highlands Resident Agency and Homeland Security Investigations for the investigation that led to the successful prosecution of Howard. Additional agencies participating in the investigation included the Bureau of Alcohol, Tobacco, Firearms and Explosives, Internal Revenue Service – Criminal Investigation, United States Postal Inspection Service, Pennsylvania Office of Attorney General, Pennsylvania State Police, Cambria County District Attorney’s Office, Indiana County District Attorney’s Office, Cambria County Sheriff’s Office, Cambria Township Police Department, Indiana Borough Police Department, Johnstown Police Department, Upper Yoder Township Police Department, Richland Police Department, Ferndale Police Department, and other local law enforcement agencies.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

PITTSBURGH, Pa.- A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 138 months in federal prison for fentanyl and heroin trafficking and possession of a firearm by a convicted felon while on federal supervised release for a prior conviction, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge Nora Barry Fischer imposed the sentence on Todd Hill, 38, also ordering Hill to serve eight years of supervised release following his prison sentence.

Hill previously pleaded guilty in this case to (1) conspiring to distribute 40 grams or more of fentanyl and 100 grams or more of heroin, (2) possessing with intent to distribute 40 grams or more of a mixture containing fentanyl and heroin, and (3) possessing a firearm after a felony conviction. Federal law prohibits possession of a firearm or ammunition by a convicted felon.

Prior to sentencing, the Court was informed that, in 2020 and 2021, Hill trafficked hundreds of grams of fentanyl and heroin and unlawfully possessed a firearm while on federal supervised release following his incarceration for a 2016 federal conviction for conspiring to distribute heroin. He also engaged in the heroin trafficking that led to his 2016 conviction while on a previous term of federal supervised release, following a 2007 federal conviction and prison sentence for possessing cocaine base with intent to distribute.

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

United States Attorney Olshan commended the Pennsylvania State Police; Pittsburgh Police Department; Bureau of Alcohol, Tobacco, Firearms and Explosives; United States Marshals Service; and Federal Bureau of Investigation for the investigation leading to the successful prosecution of Hill.

PITTSBURGH, Pa. – A resident of West Mifflin, Pennsylvania, pleaded guilty in federal court to federal drug and firearm charges, United States Attorney Eric G. Olshan announced today.

Marcus Valenzi, 35, pleaded guilty before United States Senior District Judge David S. Cercone to one count of conspiracy to distribute and possess with intent to distribute fentanyl and one count of possession of a firearm by a convicted felon.

In connection with the guilty plea, the Court was advised that Valenzi was identified as a member of a drug trafficking organization operating within the Western District of Pennsylvania during an investigation conducted by federal and state law enforcement between August 2022 and November 2023. Federal search warrants executed upon residences used by the conspirators in McKees Rocks, Pennsylvania, resulted in the seizure of fentanyl, firearms, and cellphones. A subsequent federal search warrant executed upon Valenzi’s residence on November 15, 2023, resulted in the seizure of over $16,000, multiple cellphones, and xylazine, a substance used as a cutting agent for fentanyl. A search of Valenzi’s phones revealed communications with a drug customer seeking the return of his firearm. Valenzi, who had a previous felony conviction in Florida for robbery, replied that he had thrown the gun in the river after the raids in McKees Rocks. Federal law prohibits possession of a firearm or ammunition by a convicted felon.

Judge Cercone scheduled sentencing for July 18, 2024. The maximum penalty for the drug conspiracy charge is up to 20 years in prison, up to a $1 million fine, or both. The maximum penalty for the firearm charge is a term of imprisonment of up to 15 years, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history of the defendant.

Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.

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

JOHNSTOWN, Pa. – A resident of Johnstown, Pennsylvania, was sentenced in federal court to 60 months in prison, to be followed by four years of supervised release, on his conviction of conspiracy to possess with intent to distribute cocaine, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge Kim R. Gibson imposed the sentence on Clinton Dudley, 36.

According to information presented to the Court, in and around August 2021, in the Western District of Pennsylvania, Dudley knowingly, intentionally, and unlawfully attempted to possess with intent to distribute 500 grams or more of cocaine.

Assistant United States Attorney Arnold P. Bernard Jr. prosecuted this case on behalf of the government.

United States Attorney Olshan commended the United States Postal Inspection Service and the Federal Bureau of Investigation’s Safe Streets Task Force for the investigation that led to the successful prosecution of Dudley.

PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating a federal firearms law, United States Attorney Eric G. Olshan announced today.

The one-count Indictment named Johvian Everett, 24, formerly of Mt. Oliver borough, as the sole defendant.

According to the Indictment, on October 21, 2021, Everett knowingly possessed a firearm and ammunition as a convicted felon. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.

The law provides for a maximum total sentence of up to 15 years in prison, a fine of up to $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 Katherine C. Jordan is prosecuting this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and Pittsburgh Bureau of Police conducted the investigation leading to the Indictment.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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

PITTSBURGH, Pa. – Sahire Walker was sentenced to 120 months in federal prison for committing crack cocaine trafficking and firearm crimes, United States Attorney Eric G. Olshan announced today.

Walker, age 45, of New Castle, Pennsylvania, was sentenced by United States District Judge David Stewart Cercone. Judge Cercone ordered Walker to serve six years of supervised release following his prison sentence.

Walker previously pled guilty in this case to committing the following crimes on June 4, 2020: (1) possession of cocaine base with intent to distribute, and (2) possession of a firearm in furtherance of a drug trafficking crime. Prior to imposing the sentence, the Court was informed that Walker possessed crack cocaine with intent to distribute, and a loaded pistol, inside the rental vehicle he was operating on June 4, 2020, at 1:00 a.m., in New Castle, Pennsylvania. As of that date, he had five prior drug trafficking convictions over the preceding 15 years.

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

The New Castle Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation leading to the convictions and sentence in this case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

PITTSBURGH, Pa. - After deliberating for approximately two and a half hours, on March 21, 2024, a federal jury found Abdulrahman Abdelaziz Jamea guilty of seven crimes: one count each of conspiracy to commit armed pharmacy robbery and conspiracy to possess with the intent to distribute controlled substances, three counts of armed pharmacy robbery, and two counts of pharmacy robbery, United States Attorney Eric G. Olshan announced today.

Jamea, 26, formerly of Columbus, Ohio, was tried before United States Senior District Judge Arthur J. Schwab in Pittsburgh.

Evidence introduced during the four-day trial, through 19 witnesses, established that the defendant participated in a conspiracy to rob pharmacies of Schedule II controlled substances—that is, highly addictive opioids and stimulants—between September 2018 and July 2019. This conspiracy included the robberies of pharmacies in Beaver, Bridgeville, Edinboro, Erie, and the Oakland area of Pittsburgh, Pennsylvania. During three of the robberies, Jamea and his co-conspirators brandished a firearm to threaten the lives of pharmacists and pharmacy technicians and to intimidate them into opening the locked safes where the controlled substances were kept. Evidence also established that the defendant went on to distribute these stolen narcotics in the Columbus, Ohio, area.

Judge Schwab scheduled sentencing for July 31, 2024. The maximum penalty for the most serious offense of conviction is 25 years in prison, a fine of up to $250,000, or both. Under the federal Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history of the defendant.

Jamea is currently serving a prison sentence of more than 40 years following his earlier conviction in Ohio state court for multiple counts of felonious assault with a firearm. He remains in custody pending his sentencing in the Western District of Pennsylvania.

Assistant United States Attorneys Barbara K. Doolittle and Michael R. Ball prosecuted this case on behalf of the United States.

The Drug Enforcement Administration, Pennsylvania State Police, Pittsburgh Bureau of Police, Erie Police Department, Edinboro Police Department, Beaver Police Department, Bridgeville Police Department, and Ohio Highway Patrol all participated in the investigation leading to the conviction of Jamea.

JOHNSTOWN, Pa. – A resident of West Decatur, Pennsylvania, pleaded guilty in federal court on March 20, 2024, to charges of production and possession of materials depicting the sexual exploitation of minors, United States Attorney Eric G. Olshan announced today.

Jon Osewalt, 30, pleaded guilty to Counts Two and Four of the Indictment before United States District Judge Stephanie L. Haines.

In connection with the guilty plea, the Court was advised that, in and around April 2020, in the Western District of Pennsylvania, Osewalt produced images of minors engaged in sexually explicit conduct. In addition, in and around December 2020, Osewalt possessed images of minors engaged in sexually explicit conduct.

Judge Haines scheduled sentencing for July 31, 2024. The law provides for a maximum total sentence of not less than 15 years and up to 30 years in prison, a fine of up to $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 Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.

The Department of Homeland Security Investigations and Pennsylvania State Police conducted the investigation that led to the prosecution of Osewalt.

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

PITTSBURGH, Pa.- A resident of McKees Rocks, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating a federal firearms law, United States Attorney Eric G. Olshan announced today.

The one-count Indictment named Ernest Lee Terry, 45, as the sole defendant in this case. The charge initially was brought in the form of a federal criminal complaint filed after Terry’s March 14, 2024, arrest. Additional information regarding that complaint can be found here.

According to the Indictment, on or about March 14, 2024, Terry possessed a .45 caliber Ruger semiautomatic pistol after having been convicted of seven prior felonies—including drug trafficking and firearms charges. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition. The Indictment further alleges that Terry is subject to enhanced penalties as an Armed Career Criminal due to his numerous prior convictions.

The law provides for a maximum possible sentence of not less than 15 years and up to life in prison, a fine of up to $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 Attorneys Douglas C. Maloney and Vincent Joseph Sonson are prosecuting this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and Allegheny County Police Department conducted the investigation leading to the Indictment in this case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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

PITTSBURGH, Pa.- A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 120 months of imprisonment, to be followed by four years of supervised release, on his conviction of violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.

United States District Judge W. Scott Hardy imposed the sentence on James Patrick Lewis Jr., 31.

According to information presented to the Court, from September 21, 2020, to February 4, 2021, Lewis conspired with others to distribute and possess with intent to distribute 100 grams or more of heroin and 500 grams or more of cocaine. During the course of the investigation by the Drug Enforcement Administration, a confidential source made six controlled purchases of heroin/fentanyl from Lewis, each of which occurred in the area of the defendant’s residence/stash house. Search warrants were then executed, and agents recovered over 900 grams of cocaine, 36 grams of heroin, oxycodone pills, bulk marijuana, a money counter, over $12,000, three firearms (including a polymer frame firearm, commonly referred to as a “ghost gun”), and loaded magazines. A loaded firearm also was recovered from the center console of Lewis’s vehicle.

Prior to imposing sentence, Judge Hardy stated that the defendant had a significant criminal history for his relative youth and needed to reverse the course of his life and refrain from committing further crimes.

Assistant United States Attorney Katherine C. Jordan prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Drug Enforcement Administration for the investigation leading to the successful prosecution of Lewis.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

PITTSBURGH, Pa. – Two residents of McKees Rocks, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on a charge related to the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.

The one-count Indictment named Vincent Pappaterra, 49, and Amber Bond, 37, as defendants.

According to the Indictment, from on or about August 24, 2023, until on or about August 26, 2023, Pappaterra and Bond, through the use of communications involving cellular telephones, persuaded, coerced, and enticed a minor to engage in sexual activity.

The law provides for a maximum total sentence of not less than 10 years and up to life imprisonment, a fine of up to $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 Michael L. Mitchell is prosecuting this case on behalf of the government.

The Department of Homeland Security and Allegheny County 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.

ERIE, Pa. - On March 19, 2024, a former resident of Franklin, Pennsylvania, pleaded guilty in federal court to a charge of receipt and possession of material depicting the sexual exploitation of children, United States Attorney Eric G. Olshan announced today.

Aaron Ray McClelland, 29, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.

In connection with the guilty plea, the Court was advised that, in and around October 2020 and July 2021, McClelland received images depicting prepubescent minors engaging in sexually explicit conduct. The Court was also advised that the parties agreed as part of the plea agreement that the appropriate sentence in this case is a seven-year term of imprisonment, to be followed by 10 years of supervised release.

Judge Baxter scheduled sentencing for July 22, 2024. The law provides for a maximum total sentence of not less than five years and up to 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 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, Pennsylvania State Police and Indiana County District Attorney’s Office conducted the investigation that led to the prosecution of McClelland.

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 (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

ERIE, Pa. - A resident of Erie, Pennsylvania, was sentenced in federal court on March 19, 2024, to seven years in prison, to be followed by 10 years of supervised release, and ordered to pay restitution in the amount of $18,000 on his conviction of violating federal laws relating to the sexual exploitation of children, United States Attorney Eric G. Olshan announced today.

United States District Judge Susan Paradise Baxter imposed the sentence on Darren Steven George Akers, 48.

According to information presented to the Court, on or about March 9, 2023, Akers received and attempted to receive images depicting prepubescent minors engaging in sexually explicit conduct. Akers also possessed and accessed with intent to view child sexual abuse material from in and around May 2022 to in and around March 2023.

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

United States Attorney Olshan commended the Federal Bureau of Investigation and Pennsylvania State Police for the investigation leading to the successful prosecution of Akers.

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 (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

PITTSBURGH, Pa. - A resident of Crafton, Pennsylvania, has been sentenced in federal court to 90 months of imprisonment, to be followed by four years of supervised release, on his conviction for violating federal narcotics laws, United States Attorney Eric G. Olshan announced today.

United States District Judge Cathy Bissoon imposed the sentence on Robert Allen, 44.

According to information presented to the Court, on May 11, 2017, Allen conspired to distribute 40 grams or more of a mixture and substance containing a detectable amount of fentanyl.

Prior to imposing sentence, Judge Bissoon stated that the sentence was meant to reflect the seriousness of the defendant’s crime.

Assistant United States Attorneys Katherine C. Jordan and Stephen R. Kaufman prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Federal Bureau of Investigation and Pittsburgh City Police for the investigation leading to the successful prosecution of Allen.

JOHNSTOWN, Pa. – A resident of Ashville, Pennsylvania, was sentenced in federal court to a total of 440 months in prison, to be followed by a lifetime term of supervised release, on his convictions for production and possession of material depicting the sexual exploitation of a minor, United States Attorney Eric G. Olshan announced today.

United States Senior District Judge Kim R. Gibson imposed the sentence on Michael Joseph Sollenberger, 41, on March 19, 2024.

According to information presented to the Court, from February 2018 to February 2019, and from January 2019 to January 2020, in the Western District of Pennsylvania, Sollenberger produced images of minors engaging in sexually explicit conduct. In addition, in and around June 2020, Sollenberger possessed images of minors engaged in sexually explicit conduct.

Assistant United States Attorney Arnold P. Bernard Jr. prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Department of Homeland Security Investigations and Pennsylvania State Police for the investigation that led to the successful prosecution of Sollenberger.

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

PITTSBURGH, Pa. – A resident of Sharon, Pennsylvania, was sentenced in federal court to time served on her conviction for conspiring to distribute cocaine, United States Attorney Eric G. Olshan announced today.

United States District Judge Cathy Bissoon imposed the sentence on Kayla Fair, 36, who has served approximately 16 months in prison. Judge Bissoon also ordered Fair to serve three years of supervised release following her imprisonment.

Fair pleaded guilty in this case to conspiring to distribute cocaine in October 2021. Prior to imposing sentence, the Court was informed that Fair, along with her co-defendant Zachariah Owens, conspired to distribute cocaine from their apartment in Sharon, Mercer County, with several of their children residing in the apartment at that time.

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

United States Attorney Olshan commended the Mercer County Drug Task Force, Pennsylvania Office of Attorney General, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the prosecution of Fair.

PITTSBURGH, Pa. – A resident of Sharon, Pennsylvania, was sentenced in federal court to 188 months in federal prison for his conviction on cocaine trafficking crimes, United States Attorney Eric G. Olshan announced today.

United States District Judge Cathy Bissoon imposed the sentence on Zachariah Owens, 37. Judge Bissoon also ordered Owens to serve six years of supervised release following his prison sentence.

Owens previously pleaded guilty in this case to (1) conspiring to distribute cocaine and crack in October 2021 and (2) possessing cocaine and crack with intent to distribute within 1,000 feet of a school and a playground.

Prior to imposing sentence, the Court was informed that Owens, in October 2021, operated a cocaine trafficking scheme from his apartment in Sharon, where several children resided. In doing so, he placed both his cocaine and his loaded pistol in locations where the children easily could have accessed them, in addition to exposing the children to other well-known dangers of drug trafficking. Owens had spent nearly all of the preceding 15 years in state prison or on state parole for two violent armed robbery convictions in 2015 and 2006.

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

United States Attorney Olshan commended the Mercer County Drug Task Force, Pennsylvania Office of Attorney General, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the prosecution of Owens.

PITTSBURGH, Pa. - A resident of Atlanta, Georgia, has been sentenced in federal court to 71 months of incarceration, to be followed by four years of supervised release, for his conviction on charges of conspiring to distribute and distribution of 500 grams or more of cocaine, United States Attorney Eric G. Olshan announced today.

United States District Judge Cathy Bissoon imposed the sentence on Gerard Riley, 52.

According to information presented to the Court, Riley conspired with others to distribute kilograms of cocaine to co-defendants in the Western District of Pennsylvania and to transmit the proceeds from the sale of that cocaine to another co-defendant. This included 10 kilograms of cocaine that Riley delivered to a co-defendant on September 27, 2021, which later that same day were seized by the DEA after execution of a search warrant.

Prior to imposing sentence, Judge Bissoon stated that the defendant participated in a very serious crime and that his sentence was meant to reflect the serious nature of the case.

Assistant United States Attorney Katherine C. Jordan prosecuted this case on behalf of the government.

United States Attorney Olshan commended the Drug Enforcement Administration for the investigation leading to the successful prosecution of Riley.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.