Western District of Pennsylvania

PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms laws, Acting United States Attorney Troy Rivetti announced today.

The three-count Indictment, returned yesterday, named Tyrenzo Morton, 36, currently incarcerated at the Butler County Prison, as the sole defendant.

According to the Indictment, on or about June 29 and Sept. 2, 2021, Morton, after a prior felony conviction, possessed firearms and ammunition. Under federal law, a convicted felon is prohibited from possessing a firearm or ammunition. Additionally, on or about Sept. 2, 2021, Morton possessed a firearm, namely a .223 Remington caliber, AR-15 style semi-automatic rifle having a barrel less than 16 inches in length and bearing no serial number, which was not registered to him in the National Firearms Registration and Transfer Record.

The law provides for a maximum total sentence of not more than 20 years in prison, a fine of not more than $500,000 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 Carl J. Spindler is prosecuting this case on behalf of the government.

The Baldwin Borough Police Department, Pittsburgh Bureau of Police, Allegheny County Police Department, Allegheny County Office of the Medical Examiner, Butler County Detectives, and the 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 Pittsburgh resident pleaded guilty yesterday in federal court to charges of conspiracy to commit an offense against the United States and bank burglary in connection with the downtown Pittsburgh protest on May 30, 2020, Acting United States Attorney Troy Rivetti announced today.

Devin Montgomery, 27, formerly of Birmingham Avenue, Pittsburgh, PA 15210 pleaded guilty to two counts before Chief United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that on May 30, 2020, a protest march was held in the downtown Pittsburgh area. The march was related primarily to the death of George Floyd at the hands of Minneapolis Police. The march in Pittsburgh began at approximately 2:30 p.m. on Liberty Avenue in the downtown area, and eventually finished at approximately 4:30 p.m. on Centre Avenue near the intersection with Washington Place above the PPG Paints Arena. At that time, many of the participants were agitated, and members of the crowd began to vandalize a marked Pittsburgh Police vehicle (Unit 3212) on Centre Avenue. The crowd eventually set that vehicle on fire and it was totally destroyed.

Shortly after the Unit 3212 was set afire, the crowd turned around and began to walk back down Washington Place toward a line of police officers in riot gear. After a brief standoff, the police decided to avoid physical confrontation with the crowd and left the area. However, one of the police vehicles (the unmarked vehicle which is the subject of the charge in the Information) was left unattended, parked at the curb near the Fifth Avenue entrance of the PPG Paints Arena. After the police vacated the area, the crowd immediately descended upon that vehicle and began to vandalize it.

Videos obtained during the investigation show a male wearing a number 84 Antonio Brown Steelers jersey near the open rear passenger door of the unmarked vehicle. The person in the Antonio Brown shirt had the same body build, skin tone and facial hair as Devin Montgomery. He also had the same unique tattoo of a black bomb on his left elbow as Devin Montgomery. At one point during one of the videos, the man’s COVID type mask slips below his nose, displaying a facial profile that appears to be identical to Montgomery’s profile. In a jail call from Montgomery to one of his friends on the outside, after Montgomery was detained in May of 2021, Montgomery discusses his frustration about being detained, and says “it’s just property damage, it’s not like I hurt someone.”

Video footage of the scene showed that, as Montgomery stands near the unmarked vehicle, there was an unknown male wearing a black hooded sweatshirt and facemask standing right next to him. They were each holding and igniting items in their own hands. The unknown male had a small container of lighter fluid in one hand.

The unknown male was first to toss his lit item into the backseat area of the unmarked vehicle, and then Montgomery tossed his own lit item into the backseat area immediately thereafter. The fire quickly spread in the interior of the vehicle, and eventually completely destroyed the vehicle. After the second police vehicle was burned, many people from the crowd headed back into downtown, where numerous businesses were vandalized, burglarized, and looted. The Dollar Bank on Smithfield Street was one of those victim businesses. The government has video depicting Montgomery and another individual using rocks to smash the windows and glass entrance doors to Dollar Bank, and then enter the vestibule area between the two sets of doors.

Following the guilty plea, Judge Hornak sentenced Montgomery to four years' incarceration, followed by three years of supervised release. He was also ordered to pay restitution to cover the cost of the police vehicle that was destroyed.

Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.

Acting U.S. Attorney Rivetti commended the Bureau of Alcohol, Tobacco, Firearms, and Explosives as well as the Bureau of Pittsburgh Police for conducted the  investigation that led to the successful prosecution of Montgomery.

ERIE, Pa. – Six residents of Erie, Pennsylvania have been indicted by a federal grand jury in Erie on charges of violating federal drug laws, Acting United States Attorney Troy Rivetti announced today.

The two-count Indictment returned on March 14th and unsealed today, named: Larry Tremel Alexander, 46; Dennis Levar Jones, 45; Pernell Tequin Orr, 33; Nicole Grace Fox, 33; Shalin Nicole Pepperman, 41; and Malissa Mae Perry, 41, all of Erie, Pennsylvania.

According to the Indictment presented to the court, from in and around March 2019, and continuing thereafter to in and around October 2022, Larry Alexander, Dennis Jones, Pernell Orr, Nicole Fox, Shalin Pepperman, and Malissa Perry engaged in a conspiracy to distribute methamphetamine, cocaine, heroin, and hydrocodone in the Western District of Pennsylvania and elsewhere. During that same time, Larry Alexander and Malissa Parry conspired to engaged in interstate money laundering transactions intended to promote the drug conspiracy and conceal the proceeds of the drug conspiracy.

The law provides for a maximum total sentence of 120 years in prison, a fine of $8,500,000, or both for Alexander; a maximum total sentence of 60 years in prison, a fine of $5,500,000, or both for Jones and Orr; a maximum total sentence of 20 years in prison, a fine of $1,000,000, or both for Fox and Pepperman; and a maximum total sentence of 40 years in prison, a fine of $1,500,000, or both for Perry. 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 defendants.

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

The Pennsylvania State Police Drug Law Unit, Drug Enforcement Administration, Erie Police Department, and Erie County Detectives 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.

The investigation was also conducted in association with the Northwest Pennsylvania Drug Initiative which was formed following Erie County’s designation as a High Intensity Drug Trafficking Area (HIDTA) in 2021. The HIDTA program was created by Congress in 1988 to coordinate and assist Federal, State, and Local law enforcement agencies in addressing regional drug threats with the purpose of reducing drug trafficking and drug production in the United States. The Northwest Pennsylvania Drug Initiative coordinates personnel and resources between multiple agencies including the Pennsylvania State Police, Federal Burau of Investigation, Erie Police Department, Erie County District Attorney’s office, Erie County Detectives, United States Postal Inspection Service, the Federal Bureau of Investigation Safe Streets Task Force, and other participating agencies.

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

PITTSBURGH - A resident of Indiana, Pennsylvania, pleaded guilty yesterday in federal court to charges of violating federal narcotics laws, Acting United States Attorney Troy Rivetti announced today.

James Emmanuel Emerson, age 51, pleaded guilty to two counts before Senior United States District Judge Arthur J. Schwab.

In connection with the guilty plea, the court was advised that on or about Feb. 15, 2022, and on or about March 3, 2022, in Indiana County, Mr. Emerson knowingly, intentionally, and unlawfully possessed with the intent to distribute and distributed 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

Judge Schwab scheduled sentencing for June 7, 2023, at 10:30 a.m. The law provides for a sentence of no less than five years to no more than 40 years in prison, a fine of $5,000,000, or bothat each count. 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 Carl J. Spindler is prosecuting this case on behalf of the government.

The FBI Southwest Pennsylvania Safe Streets Task Force, Indiana County Drug Task Force, and Federal Bureau of Investigation – Laurel Highlands Resident Agency conducted the investigation that led to the prosecution of Mr. Emerson.

ERIE, Pa. - A resident of Lucinda, Pennsylvania, has been sentenced in federal court to 84 months in prison on his conviction of violating federal drug laws, Acting United States Attorney Troy Rivetti announced today.

United States District Judge Susan Paradise Baxter imposed the sentence on Kevin Wayne Huet, 35,of Lucinda, Pennsylvania.

According to information presented to the court, from in and around June 2018, to on or about February 28, 2020, Huet conspired with co-defendants to possess with intent to distribute and distributed five hundred grams or more of a mixture or substance containing a detectable amount of methamphetamine as they participated in a methamphetamine distribution network that trafficked methamphetamine from Akron, Ohio and Erie, Pennsylvania into Crawford, Venango and Warren Counties. Huet also possessed a firearm in furtherance of the drug distribution conspiracy.

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

Acting United States Attorney Rivetti commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, Troop E, Vice Unit, the Titusville Police Department, the Warren County Drug Task Force, the Warren County Sherriff’s Office and the Crawford County Sherriff’s Office for the investigation leading to the successful prosecution of Huet.

PITTSBURGH – Jgenus Steele was sentenced to 63 months in prison for committing fentanyl, heroin, and crack cocaine trafficking and firearm crimes, Acting United States Attorney Troy Rivetti announced today.

Steele, age 23 of New Castle, Pennsylvania, was sentenced by United States District Judge Robert J. Colville. Judge Colville ordered Steele to serve three years of supervised release following his prison sentence.

Steele’s sentence is a result of a Lawrence County Drug Task Force investigation in 2019 and 2020. Steele was on parole at that time as a result of a prior conviction for aggravated assault. The Task Force made a controlled purchase of 12.44 grams of crack directly from Steele in December 2019 in New Castle. The Task Force thereafter served a search warrant at Steele’s apartment in New Castle in February 2020. A mixture containing 2.68 grams of fentanyl and heroin was located inside the apartment along with, among other things, five loaded pistols and $1,255.00 in drug trafficking proceeds.

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

The Lawrence County Drug Task Force and the Federal Bureau of Investigation conducted the investigation in this case. This case was prosecuted as 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, pleaded guilty in federal court to a charge of theft of government property, Acting United States Attorney Troy Rivetti announced today.

Lashawn Norwood, 57, of the City’s Middle Hill neighborhood, pleaded guilty to theft of government property before Chief United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that on Sept. 28, 2021, an unmarked 2021 Ford Explorer owned by the Federal Bureau of Investigations and containing firearms assigned to a special agent, was stolen as it was parked near the Schenley Park Oval. The vehicle was recovered a short time later in the Hill District section of the City of Pittsburgh, where it was discovered that one of the special agent’s service weapons had been stolen from the vehicle. The recovered Ford Explorer was forensically processed by the FBI. Analysis of processed DNA evidence recovered from the Ford Explorer revealed that Norwood’s DNA was detected on both the driver’s side exterior door handle and the steering wheel. During an interview with the FBI, Norwood denied stealing the vehicle and denied ever being inside of the vehicle.

The stolen FBI service weapon was ultimately recovered by the Pittsburgh Bureau of Police on Nov. 12, 2021, after it was discovered in a post office box by a mail carrier in the Allegheny West section of the City of Pittsburgh.

Chief Judge Hornak has not yet scheduled a sentencing date. The law provides for a maximum total sentence 10 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history,

if any, of the defendant. Norwood remains detained pending sentencing.

Assistant United States Attorney Michael R. Ball is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and the City of Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case.

PITTSBURGH, PA- A resident of Philadelphia, PA, has been sentenced in federal court to a term of imprisonment of 60 months on his conviction for violating federal narcotics laws, Acting United States Attorney Troy Rivetti announced today.

United States District Judge Robert J. Colville imposed the sentence on Zion Elam-Sturgis, 24.

According to information presented to the Court, Elam-Sturgis conspired to possess with intent to distribute and distribute 28 grams or more of a mixture and substance containing a detectible amount of cocaine base and possessed with intent to distribute 28 grams or more of a mixture and substance containing a detectible amount of cocaine base, in Butler, Pennsylvania.

Assistant United States Attorneys Craig W. Haller and Yvonne M. Saadi prosecuted this case on behalf of the government.

Acting United States Attorney Rivetti commended the Pennsylvania State Police, the Federal Bureau of Investigation, and the Butler County District Attorney’s Drug Task Force for the investigation leading to the successful prosecution of Elam-Sturgis.

PITTSBURGH, PA - A resident of McDonough, Georgia, pleaded guilty in federal court to a charge of check fraud, Acting United States Attorney Troy Rivetti announced today.

Adarius Scott, 26, pleaded guilty to one count before United States District Judge Robert J. Colville.

In connection with the guilty plea, the court was advised that from in and around May 2019 to July 2, 2019, Scott participated in a check fraud conspiracy where he traveled with other codefendants to various cities, including Pittsburgh, and stole mail from businesses. They searched the stolen mail for checks and created replicas of the checks with the “payee” section left blank. Then, the conspirators recruited individuals with valid identification to cash the checks in exchange for a small amount of money.

Judge Colville scheduled sentencing for July 21, 2023 The law provides for a total sentence of five 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.

Pending sentencing, the court continued Scott’s bond.

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

The United States Secret Service, the United States Postal Inspection Service, and the Pennsylvania State Police conducted the investigation that led to the prosecution of Scott.

ERIE, Pa. - A former resident of Edinboro, Pennsylvania, pleaded guilty in federal court to a charge of violating federal laws relating to the sexual exploitation of children, Acting United States Attorney Troy Rivetti announced today.

James Paredes Andrada, 25, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.

In connection with the guilty plea, the court was advised that from November 2019 to February 2020, Andrada received computer and cell phone images depicting minors engaging in sexually explicit conduct.

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.
Judge Baster scheduled sentencing for July 25, 2023, at 1:30 p.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Pending sentencing, the court continued Andrada on bond.

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

The Federal Bureau of Investigation, the Pennsylvania State Police, and the Edinboro Police Department conducted the investigation that led to the prosecution of Andrada.

PITTSBURGH, PA - A resident of McKeesport, Pennsylvania, pleaded guilty on Friday to a one-count Indictment and was sentenced to nine years in federal prison for violating federal firearms laws, Acting United States Attorney Troy Rivetti announced today.

The defendant, Urian Jones, 47, pled guilty to felony possession of a firearm and ammunition and violating his conditions of federal supervised release. United States District Judge William S. Stickman, IV, sentenced Jones to a total of nine years for Jones’ violation of federal law and his supervised release conditions. Judge Stickman also sentenced Jones’ to term of three years of supervised release following his term of incarceration and to pay a special assessment of $100.

Jones’ sentence stems from an incident on Nov. 7, 2019, whereby he was found in possession of firearms and ammunition after having already been convicted of multiple crimes punishable by a term of imprisonment exceeding one year. At this time, Jones was still serving his term of supervised release for a prior federal case.

Assistant United States Attorneys Nicole Ann Stockey and Nicole Vasquez Schmitt prosecuted this case on behalf of the government.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, Pennsylvania State Parole, DANET, and the McKeesport 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.

PITTSBURGH, PA - A resident of Lawrenceville, Georgia, pleaded guilty in federal court to a charge of wire fraud, Acting United States Attorney Troy Rivetti announced today.

Walter Gaillard, age 43, pleaded guilty to one count before United States District Judge Marilyn J. Horan.

In connection with the guilty plea, the court was advised that Gaillard belonged to a conspiracy that targeted human capital management agencies located throughout the United States. In connection with the scheme, a member of the conspiracy registered businesses in Georgia and Minnesota. Afterwards, an online presence for the companies was created to include email addresses and websites. In reality, the companies were shells lacking employees, clients, or physical assets. The organizer of the conspiracy then entered into management agreements in which the management agencies agreed to handle the companies’ payroll and employee withholding in exchange for reimbursement of the advanced payroll and a service fee. Between 2017 and 2019, Gaillard and other members of the conspiracy submitted fake time sheets to the management agencies which wired money into bank accounts controlled by Gaillard and other conspirators. Under the terms of his plea agreement, Gaillard agreed that he was responsible for causing a loss of $150,000-$250,000 to the management agencies. The management agencies terminated the agreements after receiving no response for repeated claims for payment.

Judge Horan scheduled sentencing for July 12, 2023, at 11:00 am. The law provides for a total sentence of not more than 20 years in prison, a fine of not more than $250,000.00, a term of supervised release of not more than three years, or a combination thereof. 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 released Gaillard on bond.

Assistant United States Attorney Michael Leo Ivory is prosecuting this case on behalf of the government.

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

PITTSBURGH - A former resident of Alexandria, Virginia, has been sentenced in federal court to 10 years’ imprisonment followed by 10 years’ supervised release on his conviction for federal crimes related to the sexual exploitation of a minor, Acting United States Attorney Troy Rivetti announced today. Specifically, Vutipawat was convicted after a plea of guilty on three counts: (1) Travel With Intent to Engage in Illicit Sexual Conduct, (2) Transportation With Intent to Engage in Criminal Sexual Activity, and (3) Obstruction of Justice – Hindering Communication Through Corrupt Persuasion,

Apipat Vutipawat, also known as “Viktor Vutipawat,” “Viktor Koi,” “Arty Freedom,” and “Victor Kim,” age 29, of Alexandria Virginia, pleaded guilty to three counts before Senior United States District Judge Joy Flowers Conti.

According to information presented to the court, Vutipawat, then 26 years old, was arrested in mid-May 2020 in Washington County, Pennsylvania on charges related to the sexual abuse of a 14-year-old minor. At that time, Vutipawat was released on bond and returned to his home state of Virginia. On May 29, 2020, Vutipawat traveled from Virginia to the Western District of Pennsylvania and assisted the minor in absconding from placement. Vutipawat then took the minor to an apartment in Virginia. Vutipawat’s travel from Virginia to Pennsylvania was tracked by his cellular telephone. Other evidence on Vutipawat’s cell phone, including his internet search history, indicated Vutipawat’s intent to engage in sexual contact with the minor when he traveled to Pennsylvania and then transported the minor back to Virginia. Vutipawat originally met the minor on a website called “Secret Benefits” and presented himself to the minor as a wealthy businessman.

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

Homeland Security Investigations-Pittsburgh, Homeland Security Investigations-York, Homeland Security Investigations-DC, Pennsylvania State Police, North Strabane Township Police Department, and the Fairfax County Police (Virginia) conducted the investigation that led to the prosecution of Vutipawat.

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 - A resident of Rochester, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal Postal laws, Acting United States Attorney Troy Rivetti announced today.

The one-count Indictment named Adam Gallagher, age 38, as the sole defendant.

According to the Indictment, on Oct. 19, 2022, Gallagher engaged in theft of mail matter while employed by the United States Postal Service.

The law provides for a maximum total sentence of not more than five years in prison, a fine of not more than $250,000, a term of supervised release of not more than three years, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

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

The United States Postal Inspection Services conducted the investigation leading to the Indictment in this case.

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

JOHNSTOWN, Pa. – Residents of Pennsylvania and Ohio were indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, Acting United States Attorney Troy Rivetti announced today.

The Indictment named Raheem Hurst, 25, of Garfield Heights, OH; Samantha Jones, 40, of Arnold, PA; and Leah Jackson, 37, of New Kensington, PA, as the defendants.

According to the Indictment presented to the court, from September 2022, and continuing thereafter to March 2, 2023, Hurst, Jones, and Jackson conspired to possess with intent to distribute and distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine.

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

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

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.

The Federal Bureau of Investigation, Laurel Highlands Resident Agency and Homeland Security Investigations conducted the investigation leading to the Indictment in this case. Additional agencies participating in this investigation include the the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, and other local law enforcement agencies.

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

PITTSBURGH, PA - A resident of Aliquippa, Pennsylvania, pleaded guilty in federal court to charges of bank fraud and conspiracy, Acting United States Attorney Troy Rivetti announced today.

Lee Ann Benninghoff, age 44, pleaded guilty to two counts before United States District Judge Marilyn J. Horan.

In connection with the guilty plea, the court was advised that Benninghoff owned and operated Complete Escrow and Bella Casa Realty. From February 2014 through March 2017, Benninghoff used her position and connections in real estate financing, and conspired with others in the industry, to submit fraudulent gift letters in support of mortgage loan applications The gift letters misrepresented the source of the funds and their purported purpose.

Judge Horan scheduled sentencing for July 12, 2023, at 9 a.m. The law provides for a total sentence of not more than 30 years in prison, a fine of not more than $1,000,000, 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 Robert S. Cessar is prosecuting this case on behalf of the government.

The Federal Housing Finance Agency Office of Inspector General, the U.S. Department of Housing and Urban Development Office of Inspector General, and the U.S. Secret Service conducted the investigation that led to the prosecution of Benninghoff.

PITTSBURGH, Pa - A resident of Braddock, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of mail theft, Acting United States Attorney Troy Rivetti announced today.

The one-count Indictment named Christina Ankney, age 39, as the sole defendant.

According to the Indictment, on May 19, 2022, Ankney stole from the mail while employed by the United States Postal Service.

The law provides for a maximum total sentence of not more than five years in prison, a fine of not more than $250,000, a term of supervised release of not more than three years, or a combination thereof. 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 William B. Guappone is prosecuting this case on behalf of the government.

The United States Postal Inspection Services conducted the investigation leading to the Indictment in this case.

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

PITTSBURGH, Pa - A resident of McKees Rocks, Pennsylvania, been indicted by a federal grand jury in Pittsburgh on a charge of mail theft, Acting United States Attorney Troy Rivetti announced today.

The one-count Indictment named India Schatzman, age 47, as the sole defendant.

According to the Indictment, on Dec. 30, 2022, Schatzman was a postal employee who stole a gift card from the mail.

The law provides for a maximum total sentence of not more than five years in prison, a fine of not more than $250,000, a term of supervised release of not more than three years, or a combination thereof. 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 William B. Guappone is prosecuting this case on behalf of the government.

The United States Postal Inspection Service conducted the investigation leading to the Indictment in this case.

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

PITTSBURGH, PA- A former resident of Uniontown, Pennsylvania, has been sentenced in federal court to 210 months’ imprisonment and lifetime supervised release on his conviction of production of visual depictions of a minor engaged in sexually explicit conduct, Acting United States Attorney Troy Rivetti announced today.

Chief United States District Judge Mark R. Hornak imposed the sentence yesterday on Zachary Bosh, 39, following his July 12, 2022, guilty plea.

According to information presented to the court, on Friday, April 12, 2019, a law enforcement officer acting in an undercover capacity (UC) entered a public chat group titled #parentstoys, using an internet-based, free mobile application. The user “ascott5505,” later identified as Bosh, initiated a private chat with the UC. During the conversation, Bosh sent the UC approximately seven video clips and/or images of a minor victim, one of which depicted the sexual exploitation of the minor victim, and verified with the UC that the video clips and/or images were “live.” The Court was further informed of the full content and context of the communications between Bosh and the UC. Investigators were able to obtain emergency disclosures from the mobile application as well as internet service provider, enabling them to identify – on the same day – the residence where the video of the minor victim’s sexual exploitation had been produced. During a search of the residence, which also occurred that day, law enforcement seized bedsheets that matched the sheets visible in the video.

In imposing the sentence, of 210 month’s imprisonment and lifetime supervision, which is a guideline range sentence, Judge Hornak stated that he would not “reduce [the defendant’s] conduct to a descriptive term” – such as egregious or terrible – because it would not be “sufficient” and risked “minimizing” Bosh’s conduct. The Court explained that its sentence was “sufficient to fulfill the goals of sentencing” and “no greater than needed.” Based upon the evidence before it, the Court also found that the record “strongly suggests” that Bosh engaged in illicit conduct in the “past” and his statements to the UC expressed “desires” to engage in “more physical sexual” conduct in the future. To that end, in imposing lifetime supervision, the Court expressed its intent that this would deter Bosh and others from committing similar crimes.

Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.

“This defendant will spend the next 17.5 years in prison for preying upon, exploiting and abusing a young girl who was under the defendant’s care for his own sexual gratification,” said Acting United States Attorney Rivetti. “This sentence sends a clear message that predatory crimes, such as child exploitation offenses, will continue to be vigorously prosecuted by this office.”

Acting United States Attorney Rivetti further praised the work of the Federal Bureau of Investigation in conjunction with the FBI Washington Field Office’s (WFO) Child Exploitation and Human Trafficking Task Force that conducted the investigation that led to the prosecution of Bosh.

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 - A resident of Pittsburgh, Pennsylvania has been sentenced in federal court to 63 months’ imprisonment followed by 10 years’ supervised release on his conviction of possession of material depicting the sexual exploitation of a minor, Acting United States Attorney Troy Rivetti announced today.

U.S. District Judge Marilyn J. Horan imposed the sentence on Desair McCray, age 22.

According to information presented at the change of plea hearing and in the indictment, on or about March 11, 2020, McCray knowingly possessed images and videos containing child sex abuse material. Specifically, the Court was informed that a search warrant was executed at McCray’s residence after a law enforcement officer acting in an undercover capacity received links created by an individual associated with that residence. A forensic examination of McCray’s iPad and cellular telephone recovered during that search showed that he possessed almost 200 video files and 23 images containing child sexual abuse material. McCray also admitted to law enforcement that he sent links containing child sexual abuse material to other individuals online.

Assistant United States Attorney Karen Gal-Or is prosecuting this case on behalf of the government.

Acting United States Attorney Rivetti commended the Federal Bureau of Investigations and other members of the Western Pennsylvania Violent Crimes Against Children Task Force for the investigation leading to the successful prosecution of McCray.

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 – Noah Landfried was sentenced to 330 months in prison for committing drug trafficking and money laundering crimes while on federal supervised release from a prior prison sentence for drug trafficking, Acting United States Attorney Troy Rivetti announced today.

Landfried, age 38 of Moon Township (Allegheny County), was sentenced by United States District Judge J. Nicholas Ranjan. Landfried was also ordered to serve ten years of supervised release following his prison sentence. Landfried’s prison sentence is a combination of 300 months for the drug trafficking and money laundering convictions and 30 months for the supervised release violation.

Landfried was convicted at the conclusion of a jury trial in December 2021. He was convicted at Count 1/conspiracy to distribute a Schedule I or II controlled substance, including at least 5 kilograms of cocaine, between 40 and 400 grams of fentanyl, and between 100 and 1,000 grams of heroin; at Count 2/conspiracy to launder drug trafficking proceeds; and at Count 8/possession with intent to distribute at least 40 grams of fentanyl. The conduct occurred in 2017 and 2018.

Landfried was early released in 2017 from his prior federal prison sentence for international marijuana trafficking. Landfried’s prior sentence was retroactively reduced by nearly 200 months as a result of an across-the-board reduction of the sentencing guidelines for convicted federal drug dealers. Following his release in 2017, he re-established a direct connection to a Mexican source of supply and received tractor-trailer shipments of kilograms of cocaine that were transported across the U.S./Mexico border. Landfried supplemented his cocaine trafficking by distributing thousands of oxycodone pills and large quantities of fentanyl and heroin, in addition to the K2/synthetic cannabinoids he was surreptitiously trafficking into prisons.

Assistant United States Attorneys Rebecca L. Silinski and Craig W. Haller prosecuted this case on behalf of the United States.

The Drug Enforcement Administration, the Internal Revenue Service – Criminal Investigation, the federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.

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 - A resident of Pittsburgh, Pennsylvania, has been sentenced to nine years’ imprisonment and three years of supervised release on charges of violating federal firearms laws, and a consecutive 1 year of imprisonment for committing the offense while on federal pretrial release, Acting United States Attorney Troy Rivetti announced today.

United States District Judge Cathy Bissoon imposed the sentence on Joshua Lowry, 32, formerly of the City’s Brookline neighborhood.

According to information presented to the Court, on January 15, 2021, members of the Pittsburgh Bureau of Police and the Drug Enforcement Administration executed a search warrant on at an apartment in the Brookline section of the City of Pittsburgh. During the search of the residence, investigators recovered drug evidence along with multiple stolen firearms attributable to the target of the investigation, Joshua Lowry. During an interview with investigators, Lowry admitted to possession of at least one of the recovered stolen firearms. Lowry is precluded from possessing firearms and ammunition based upon several prior felony convictions.

Assistant United States Attorneys Michael R. Ball prosecuted this case on behalf of the government.

Acting United States Attorney Rivetti commended the Pittsburgh Bureau of Police and the Drug Enforcement Administration for the investigation leading to the successful prosecution of Joshua Lowry.

PITTSBURGH, PA - A resident of Houston, Texas, has been indicted by a federal grand jury in Pittsburgh for money laundering, Acting United States Attorney Troy Rivetti announced today.

The one-count Indictment, returned on Feb. 28, 2023, and unsealed today, named Oluseyi Jeremiah Olagoke Adebayo, 48, as the sole defendant. The defendant was arrested today in Houston. The government will be seeking his detention pending trial.

According to the Indictment, from June 2022 through October 2022, Adebayo conspired to launder over $400,000 of fraudulent proceeds of a business email compromise scam that victimized a Pittsburgh-based company. Adebayo utilized aliases to register shell companies and open bank accounts for those shell companies. He then transferred portions of the fraudulent proceeds into those bank accounts to conceal their true nature, location, source, ownership, and control.

The law provides for a maximum total sentence of not more than 20 years in prison, a fine of not more than $500,000.00 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 Mark V. Gurzo is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and Homeland Security Investigations conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH, PA - A former resident of McKeesport, Pennsylvania pleaded guilty in federal court to charges of violating federal narcotics and firearm laws, Acting United States Attorney Troy Rivetti announced today.

Raymar McKenzie pleaded guilty to two counts before United States District Judge J. Nicholas Ranjan. Specifically, McKenzie pled guilty to possession with intent to distribute fentanyl and crack, in addition to possession of a firearm in furtherance of that drug trafficking crime.

In connection with the guilty plea, the Court was advised that between August and September 2020, the Allegheny County Police Department (ACPD) conducted three controlled buy operations from defendant Raymar McKenzie. During each controlled buy, a third party called McKenzie from his known cellular phone number and purchased cocaine base. Following each controlled buy, McKenzie returned to a McKeesport residence in his black pickup truck. As a result, law enforcement applied for and obtained search warrants for the residence, McKenzie, and his vehicle. 

On Sept. 18, 2020, law enforcement executed the search warrants. Law enforcement detained McKenzie during the search, and he was found in possession of $1,680.00. From an upstairs bedroom, officers located a cellular phone on a bed. Upon calling the number used to contact McKenzie during the controlled buy operations, the phone rang. A sweatshirt on the floor of that bedroom contained packaged cocaine base and a pair of keys that opened the black pickup truck operated by the defendant during the controlled buy operations. Next to the sweatshirt, officers observed a safe. While opening the safe, McKenzie notified officers that the safe contained fentanyl.

Following a waiver of his rights, McKenzie admitted that everything in the house was his and described the contents of the safe as including crack, fentanyl, and a black Ruger. In addition to the packaged drugs and firearm, the safe held a loaded .40 caliber extended magazine and $3,000.00.

Judge Ranjan scheduled sentencing for June 26, 2023, at 2:00 p.m. The law provides for a total sentence of life imprisonment, a fine of $2,000,000 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.

Pending sentencing, the court remanded McKenzie to the custody of the US Marshals Service.

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

The Allegheny County Police Department and the McKeesport Police Department conducted the investigation that led to the prosecution of McKenzie.

PITTSBURGH, PA -- A resident of Monroeville Pennsylvania, has been sentenced in federal court to 51 months imprisonment and five years of supervised release on his conviction of violating federal narcotics laws, Acting United States Attorney Troy Rivetti announced today.

United States District Judge J. Nicholas Ranjan imposed the sentence on Damon Johnson, age 33.

According to information presented to the court, Johnson conspired to distribute 400 grams or more of fentanyl between September 2020 and December 2021. Johnson sold some of the fentanyl to another distributer, who then sold it to an individual who suffered a fatal overdose after ingesting the fentanyl.

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

United States Attorney Rivetti commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Johnson.

JOHNSTOWN, Pa. – A resident of Sandy Ridge, PA pleaded guilty in federal court to a charge of violating federal narcotics laws, Acting United States Attorney Troy Rivetti announced today.

David Richard Smith, age 45, of Sandy Ridge, PA, pleaded guilty to Count Two of the Superseding Indictment before Senior United States District Judge Kim R. Gibson.

In connection with the guilty plea, from July 2019 to June 2020, Smith did conspire to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.

Judge Gibson scheduled sentencing for July 6, 2023. The law provides for a minimum of 10 years in prison to a maximum of life in prison, a fine of up to $10,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

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

The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation that led to the prosecution of Smith. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.

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 Dallas, Texas, was sentenced yesterday in federal court for her role in defrauding federally funded meal programs, Acting United States Attorney Troy Rivetti announced today.

United States District Judge Arthur J. Schwab sentenced Tanisha Jackson, 50, of Dallas, Texas, to 36 months’ incarceration following her guilty plea to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. Judge Schwab also ordered Jackson to pay restitution to the U.S. Department of Agriculture in the amount of $1,500,000 and to forfeit more than $427,000.

During Jackson’s plea hearing on May 18, 2022, she admitted, among other things, that she and co-conspirators Charles Simpson and Paige Jackson—Jackson’s daughter—operated HOIN, Inc. (HOIN), a Texas-based non-profit organization. Jackson caused HOIN (a/k/a Helping Others In Need) to enroll as a “sponsor” in two programs funded by the United States Department of Agriculture (USDA) for the purpose of providing meals to underprivileged youth—the Child and Adult Care Feeding Program (CACFP) and the Summer Food Service Program (SFSP) (collectively, “the feeding programs”). CACFP funded after-school meal service during the school year, while SFSP operated in the summer months. In Pennsylvania, the Pennsylvania Department of Education (PADOE) administered the USDA-funded feeding programs. Jackson also acknowledged that she previously had been excluded from participating in the same feeding programs in Texas and Arkansas.

As part of the conspiracy, Jackson admitted that she caused the submission of false enrollment documentation to PADOE on behalf of HOIN in connection with its participation in CACFP and SFSP between 2015 and 2019. Among other misrepresentations, HOIN’s applications to PADOE used aliases for Jackson and Simpson to obscure their involvement and falsely certified that none of the entity’s principals had been excluded from the feeding programs. Jackson further admitted causing HOIN to submit reimbursement claims for hundreds of thousands of meals that were never served to eligible children by either inflating the number of meals that, in fact, were served, or by seeking reimbursements for meals purportedly served on days on which the identified feeding site was not operating at all. To conceal their fraudulent conduct and justify HOIN’s claimed meal service, Jackson and Simpson submitted fabricated documents to PADOE in connection with periodic program reviews. On certain occasions, Jackson would impersonate her daughter Paige Jackson in interactions with PADOE.

Likewise, Paige Jackson used a fictitious name in dealings with PADOE. In total, PADOE issued reimbursement payments to HOIN in excess of approximately $4 million between 2015 and 2019.

In connection with the money laundering conspiracy, Jackson admitted that she and Simpson engaged in numerous financial transactions involving the proceeds of the fraud. Specifically, Jackson and Simpson spent hundreds of thousands of dollars in HOIN reimbursements on shopping sprees at high-end apparel stores, personal air travel and lodging, and the acquisition of at least nine luxury vehicles, including a Bentley, two Land Rovers, two Maseratis, two Mercedes, a Hummer, and a Porsche. Jackson and Simpson also withdrew cash from HOIN bank accounts in excess of $10,000 on more than a dozen occasions.

Simpson and Paige Jackson separately pleaded guilty for their roles in the conspiracy and were sentenced to 30 months’ imprisonment and three years’ probation, respectively. When announcing Jackson’s sentence, Judge Schwab rejected her claim that she was less culpable than Simpson, noting that Jackson had brought her own daughter, Paige Jackson, into the conspiracy.

Assistant United States Attorneys Eric G. Olshan and Nicole Vasquez Schmitt prosecuted this case on behalf of the government.

The United States Department of Agriculture – Office of Inspector General, Internal Revenue Service – Criminal Investigation, and Federal Bureau of Investigation conducted the investigation of the defendants in this case.

PITTSBURGH – The president of a Pittsburgh-area mineral company pleaded guilty yesterday in federal court to a charge of filing a false income tax return, Acting United States Attorney Troy Rivetti announced today.

Paul J. Austin pleaded guilty to one count before United States District Judge Arthur Schwab.

In connection with the guilty plea, the Court was advised that from 2012 through 2017, the defendant was the President of J.P. Austin Associates, Inc., a mineral processing company in Beaver Falls, Pennsylvania. For calendar years 2012 through 2017, the defendant and his spouse, who served as the company’s Treasurer, jointly filed annual Form 1040 federal income tax returns with the Internal Revenue Service (IRS).

The defendant admitted in Court that during the relevant time period, payments were made from company accounts for college expenses, which were falsely categorized as business expenses using fictitious vendor names. The return preparer for Mr. Austin and his spouse was not informed about these college expense payments, and the payments were not included as taxable income on Form 1040 returns that were ultimately filed with the IRS. Thus, the defendant willfully made and subscribed Form 1040 returns for calendar years 2012 through 2017 that materially underreported his taxable income. In connection with his guilty plea, the defendant agreed to pay restitution to the IRS in the amount of $159,982.00, plus interest.

Judge Schwab scheduled sentencing for July 19, 2023. The law provides for a maximum sentence of three 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 David Lew is prosecuting this case on behalf of the government.

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

PITTSBURGH – A former resident of Penn Hills, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of Coercion and Enticement of a Minor to Engage in Illegal Sexual Activity, Production of Material Depicting the Sexual Exploitation of a Minor, and Distribution of Material Depicting the Sexual Exploitation of a Minor, Acting United States Attorney Troy Rivetti announced today.

The seven-count Superseding Indictment, returned on March 7, 2023, named Kaung Myat Kyaw, age 23, as the sole defendant.

According to the Superseding Indictment, during various periods between August 9, 2020 and September 2021, Kyaw enticed and coerced five minor victims, using the Internet and a cellular telephone service, to engage in sexual activity for which he could be charged with a criminal offense. Additionally, Kyaw is charged from the end of April 2021 through September 2021, with producing and attempting to produce material depicting the sexual exploitation of a minor, and then on September 22, 2021, with distributing the material to another individual in Texas.

The law provides for a maximum total sentence of not less than 15 years in prison and up to life, a fine of $1,500,000, 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. Kyaw was arrested on November 18, 2021, by agents of the Federal Bureau of Investigation and was detained pending trial.

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

The Federal Bureau of Investigation, the Fairfax County, Virginia Police Department, the Wright County, Minnesota Sheriff’s Office, and other local police departments conducted the investigation leading to the Superseding Indictment in this case.

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

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 - A former physician was sentenced in federal court today following his conviction for health care fraud, Acting United States Attorney Troy Rivetti announced today.

United States District Judge W. Scott Hardy sentenced John Keun Sang Lee, age 80, to five years of probation. Lee also was ordered to pay restitution totaling $417,960.51 to Medicare and Medicaid, as well as a fine of $50,000. Lee already had forfeited his Drug Enforcement Administration number and Pennsylvania state license to practice medicine prior to the sentencing hearing.

According to information presented to the court, between in and around May 2016 to in and around October 2020, Lee, a physician who owned a pain management practice, Jefferson Pain and Rehabilitation Center, knowingly and willfully submitted claims for steroid injections to Medicare and Medicaid that were neither reasonable nor medically necessary. According to former patients and employees, Lee required patients to submit to steroid injections, even when patients reported that the injections were not helping but rather causing them more pain and other injuries. Lee also instructed employees to withhold patient medication if patients objected to the injections. In order to justify billing insurance companies for the medically unnecessary injections, Lee directed staff to use templates indicating that patients received 80% relief from prior pain injections.

Assistant United States Attorney Karen Gal-Or prosecuted this case on behalf of the government.

The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit (OFADU). The Western Pennsylvania OFADU, led by federal prosecutors in the U.S. Attorney’s Office, combines the expertise and resources of federal and state law enforcement to address the role played by unethical medical professionals in the opioid epidemic.

The agencies which comprise the Western Pennsylvania OFADU include: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigation, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations, U.S. Office of Personnel Management – Office of Inspector General and the Pennsylvania Bureau of Licensing.

PITTSBURGH, PA - A resident of Emsworth, Pennsylvania, has been sentenced in federal court to 120 months in prison followed by five years of supervision on his conviction of Attempted Coercion and Enticement of a Minor to Engage in Illegal Sexual Activity, Acting United States Attorney Troy Rivetti announced today.

United States District Judge J. Nicholas Ranjan imposed the sentence on Thomas Kastory, 32.

According to information presented at the change of plea hearing and in the criminal complaint and indictment, from on or about April 12, 2022, and continuing thereafter until on or about May 29, 2022, Kastory used a facility and means of interstate commerce, specifically the Internet and a cellular telephone network, to knowingly attempt to persuade, induce, entice or coerce an individual who had not attained the age of 18 years to engage in sexual activity.

Specifically, after chatting with an undercover agent posing as a 14-year-old child for more than a month over his cell phone and the internet in an effort to entice the purported child to have sex, Thomas Kastory boarded a bus on May 29, 2022, to travel to meet the child where he expected to return to the child’s residence to engage in unlawful sexual activity. Kastory, believing that the child’s parent was out of town and that the child would be alone, brought condoms, lubricant, and a sex toy with him for his anticipated sexual encounter with the child.

Assistant United States Attorney Benjamin J. Risacher prosecuted this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the criminal conviction in this case.

JOHNSTOWN – Fifty-seven defendants have been charged in two separate, but related Indictments, and by Criminal Complaint, with violating federal narcotics and firearms laws, Acting United States Attorney Troy Rivetti announced today.

Agents from the Federal Bureau of Investigation and Department of Homeland Security – Homeland Security Investigations in the Western District of Pennsylvania initially began investigating a violent street gang operating in western Pennsylvania beginning in 2018. Agents received information from confidential sources, conducted more than 50 controlled buys from members of the organization, and used other investigative techniques over the course of this lengthy investigation. In May 2022, agents commenced court-authorized Title III interception of telephones used by members of the drug trafficking organization. The wiretaps revealed that the DTO was conducting drug trafficking operations in the following areas: Indiana, Westmoreland, and Armstrong counties in the Western District of Pennsylvania; Cleveland, Ohio; Phoenix, Arizona; Seattle, Washington; Minneapolis, Minnesota; Wichita, Kansas; and in Mexico. These interceptions revealed that Arizona-sourced drugs, which consisted of fentanyl (in both pill and powdered form), heroin, cocaine, crack cocaine, and methamphetamine, were being distributed in our communities by the western Pennsylvania members of the DTO. Over the past ten months, investigators have seized more than 673 pounds of fentanyl-laced fake prescription pills, over 400 pounds of methamphetamine, and more than 16 pounds each of fentanyl powder and cocaine, over $600,000 in cash, nine vehicles, and 47 firearms.

“The Department of Justice is working tirelessly to remove deadly fentanyl from our communities and to dismantle and hold accountable the violent cartels and drug-trafficking organizations responsible for distributing it,” said Acting U.S. Attorney Rivetti. “We are committed to using every tool at our disposal to save lives. Operation Lake Effect exemplifies that commitment.”

“These defendants exploited our neighborhoods as they dealt deadly fentanyl and other drugs without a second thought to the harm being inflicted on the community,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “This multi-state state operation is an outstanding example of what federal, state and local law enforcement can accomplish when we work together to target the individuals who threaten the safety and stability of our neighborhoods. The FBI is committed to working with our partners to rid the streets of this type of criminal activity and the violence that so often accompanies it.”

“The sheer quantity of narcotics seized and the magnitude of defendants charged in this investigation is staggering,” said Special Agent in Charge of HSI Philadelphia William S. Walker. “But even more impactful is how this investigation disrupted nearly every distribution apparatus of a prolific drug trafficking organization peddling addictive opioids and narcotics in communities all over the United States. These are the types of far-reaching investigations that bring about real and positive change in our communities, and these successes could not have been achieved without the selfless dedication and seamless cooperation of the many investigators and prosecutors who took part. This investigation will cause ripples within drug trafficking markets throughout the country, underscoring HSI’s worldwide strategy to counter threats posed by opioids and dangerous narcotics. Most importantly, cases like this one save lives.”

The 25 residents of Pennsylvania and Ohio named in a four-count indictment returned on Feb. 14, 2023, and unsealed today are: Robert Hurst, 44, of North Royalton, OH; Barry Baker, 44, of Indiana, PA; Michael Brown, 41, of Indiana, PA; Kayda Burek, 23, of New Kensington, PA; Joseph Busch, 43, of New Kensington, PA; Christine Cafazzo, 53, of New Kensington, PA; Ernest Clinton, 40, of Leechburg, PA; Misti Durante, 38, of Indiana, PA; Travis Ezekiel, 34, of Cleveland, OH; Melissa Frain, 34, of Indiana, PA; Frank Gardner, 38, of Indiana, PA; Keith Hurst, 45, of Tarentum, PA; Kasmin James, 38, of New Kensington, PA; Lamar Johnson, 40, of Indiana, PA; Thomas King, Jr., 55, of New Kensington, PA; Torrence Lyde, 33, of Cleveland, OH; Lonnie McCann, 48, of Pittsburgh, PA; Kareem Middlebrook, 41, Creekside, PA; Devan Nicholson, 29, of New Kensington, PA; Milton Paschal, 43, of Arnold, PA; Cathie Payson, 52, of Indiana, PA; Kevin Thomas, 46, of Vandergrift, PA; DeAngelo Ward, 33, of Cleveland, OH; Ashley Weston, 38, of Muncy, PA; and
David Williams, 60, of Creekside, PA.

The Indictment charges all defendants with conspiring to distribute and possess with intent to distribute Schedule I and Schedule II controlled substances, from August 2018 to February 2023, in the Western District of Pennsylvania. All defendants are facing a mandatory minimum sentence of ten years of incarceration.

Kareem Middlebrook is charged at Count Two with possession with intent to distribute a quantify of fentanyl, on or about May 2, 2022. The statute calls for a maximum sentence of 20 years of incarceration.

Kareem Middlebrook is charged at Count Three with possession of a firearm and ammunition by a convicted felon, on or about May 2, 2022. The statute calls for a maximum sentence of ten years of incarceration.

Kareem Middlebrook is charged at Count Four with possession of a firearm in furtherance of a drug trafficking crime, on or about May 2, 2022. The statute calls for a mandatory minimum sentence of five years of incarceration.

A one-count Superseding indictment, returned on Feb. 14, 2023, and unsealed today named the following 29 individuals as defendants: Marcos Monarrez-Mendoza, 53, of Phoenix, AZ; Samuel Aguirre, 21, of Phoenix, AZ; Marcos Armenta, 22, of Phoenix, AZ; Mark Camacho, 24, of Phoenix, AZ; Robert Foster, 25, of Buckeye, AZ; Donald Garwood, 40, of Glendale, AZ; Erivan Guerrero, 22, of Phoenix, AZ; Bryce Hill, 25, Seattle, WA; Emmanuel Lopez, 27, of Glendale, AZ; Cesar Monarrez, 25, of Maricopa, AZ; Marcos Monarrez, Jr., 23, of Phoenix, AZ; Jairo Morales, 21, of Phoenix, AZ; Stephanie Ortiz, 24, of Avondale, AZ; Valerie Sanchez, 35, of Phoenix, AZ; Heaven West, 21, of Phoenix, AZ; Carlos Zamora, 27, of Peoria, AZ; Humberto Arredondo-Soto, 23, of Phoenix, AZ; Colby Barrow, 29, of Peoria, AZ; Luis Chavez-Ortega, 26, of Glendale, AZ; Donnell Collins, 27, of Cleveland, OH; Mohamed Kariye, 34, of Kent, WA; Jesus Lopez, 21, of Phoenix, AZ; Diego Monarrez, 21, of Phoenix, AZ; Avante Nix, 20, of Saint Paul, MN; Alicia Parks, 24, of Kent, WA; James Pinkston, 32, of Pittsburgh, PA; Jesus Ramirez, 25, of Phoenix, AZ; Sahal Sahal, 36, of SeaTac, WA; and
Diamond Williams-Dorsey, 29, of Cleveland, OH.

The Superseding Indictment charges all defendants with conspiring to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine, 400 grams or more of a mixture and substance containing a detectable amount of fentanyl, and 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, from April 2022 to January 2023, in the Western District of Pennsylvania.

The statute calls for a mandatory minimum sentence of ten years of incarceration.

Three additional defendants are charged by Criminal Complaint. Raheem Hurst, 25, of Garfield Heights, OH; Leah Jackson, 37, of New Kensington, PA; and Samantha Jones. 40. of Arnold, PA, are charged with conspiracy to distribute and to possess with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine. The statute calls for a mandatory minimum sentence of five years of incarceration.

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 defendants.

Assistant United States Attorney Arnold P. Bernard, Jr. is prosecuting these cases for the government.

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.

The Federal Bureau of Investigation, Laurel Highlands Resident Agency, Homeland Security Investigations, and FBI Pittsburgh’s Southwest Pennsylvania Safe Streets Task Force conducted the investigation leading to the charges in this case. Additional federal agencies participating in this investigation include HSI and FBI in Phoenix and Seattle, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, the United States Marshals Service, and the Federal Air Marshals Service. Other participating agencies include the Pennsylvania State Police, Pennsylvania Attorney General's Office, New Kensington Police Department, Westmoreland County Detectives, Indiana Borough Police Department, Phoenix (Arizona) Police Department, Scottsdale (Arizona) Police Department, and the Arizona Department of Public Safety. Valuable assistance was provided by the Indiana County District Attorney’s Office, the Westmoreland County District Attorney’s Office, the Cambria County District Attorney’s Office, and the Beaver County District Attorney’s Office.

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

PITTSBURGH, PA - A resident of Butler, Pennsylvania, pleaded guilty in federal court to charges of violating federal firearm laws, Acting United States Attorney Troy Rivetti announced today.

Grant Williams, age 61, pleaded guilty to five counts of failure to make entry in a record by a federal firearms dealer before Chief United States District Judge Mark R. Hornak.

In connection with the guilty plea, the Court was advised that Williams held a federal firearm license and sold firearms from his business, Sportsman’s Supply Company, in Butler, Pennsylvania. As a federal firearm licensee, Williams was required to maintain acquisition and disposition books related to the firearms he obtained and sold. When selling a firearm, Williams was required by federal law to record a firearm’s description and the transferee’s name, place of residence, and date of birth. Federal firearm licensees are required to share such records with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to determine the disposition of firearms in the course of a criminal investigation.

In April 2022, the ATF attempted a firearm trace of a firearm sold by Williams that had been used in a crime. Because Williams’ acquisition and disposition books did not record the disposition of that firearm, the trace was unresolved. Due to a subsequent unresolved firearm trace, the ATF conducted an audit of Williams’ records between May and August 2022. The audit revealed that 2,636 firearm acquisitions were neither in William’s possession nor recorded in his disposition records.

The ATF’s investigation revealed that Williams’ annual firearm sales grew to about 50,000 firearms per year during the COVID-19 pandemic. The investigation further revealed that many of Williams’ firearm sales used GunBroker.com, which is an online auction site that operates similar to eBay. Following the close of an auction, the firearm would be mailed from Williams’ possession to a different federal firearm licensee to be transferred to the buyer. However, Williams was still required to record the disposition of those firearms. During the pandemic, Williams’ business was one of the top five sellers on GunBroker.com.

At each count, the law provides for a term of imprisonment not more than one year, a fine of $100,000, 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.

Pending sentencing, the court placed Williams on bond.

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

The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation that led to the prosecution of Williams.

JOHNSTOWN, Pa. – A former resident of Cairnbrook, PA pleaded guilty in federal court to charges of violating federal narcotics and firearms laws, Acting United States Attorney Troy Rivetti announced today.

Travis Emert., age 43, pleaded guilty to Counts One and Two of the Indictment, before United States District Judge Stephanie L. Haines.

In connection with the guilty plea, on or about Nov. 9, 2021, Emert knowingly, intentionally, and unlawfully, possessed with the intent to distribute a quantity of a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. Further, on or about Nov. 9, 2021, Emert knowingly, intentionally, and unlawfully, possessed firearms and ammunition, after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year.

Judge Haines scheduled sentencing for July 5, 2023. The law provides for a maximum sentence of 20 years in prison, a fine of $1,000,000, or both, for Count One, and a maximum sentence of 15 years in prison, a fine of $250,000, or both, for Count Two. 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, Laurel Highlands Resident Agency, Pennsylvania State Police, and the Somerset County District Attorney’s Office conducted the investigation that led to the successful prosecution of Emert.

PITTSBURGH – Acting United States Attorney Troy Rivetti announced today that the United States has finalized a Settlement Agreement with James L. Luketich, M.D., University of Pittsburgh Medical Center (“UPMC”), and University of Pittsburgh Physicians (“UPP”), to resolve the lawsuit the United States filed against those Defendants in September 2021.

As part of that Settlement Agreement, Dr. Luketich, UPMC, and UPP agreed to pay $8.5 million to the United States to resolve the claims against them. The Defendants also agreed to create and effectuate a Corrective Action Plan for Dr. Luketich, and to submit to a year-long, third-party audit of Dr. Luketich’s physician fee services billings to Medicare. Pursuant to the Settlement Agreement, UPMC, in turn, has the ability to request information, guidance, assurance and/or an advisory opinion from the Centers for Medicare and Medicaid Services of the Department of Health and Human Services regarding certain Medicare regulations pertaining to the types of surgeries at issue in the case.

The United States’ lawsuit was filed under the False Claims Act, 31 U.S.C. 3729, et seq., and was based on a two-year investigation into allegations originally brought by Jonathan D’Cunha, M.D., a former UPMC surgeon. In its Complaint, the United States alleged that Dr. Luketich – the longtime chair of UPMC’s Department of Cardiothoracic Surgery – regularly performed as many as three, complex surgical procedures at the same time, failed to participate in all of the “key and critical” portions of his surgeries, and forced his patients to endure hours of medically unnecessary anesthesia time, as he moved between operating rooms and attended to other patients or matters. According to the United States’ Complaint, those practices amounted to violations of the statutes and regulations which prohibit “teaching physicians” (like Dr. Luketich) from billing the United States for “concurrent surgeries,” were well known to UPMC leadership, and increased the risk of surgical complications to patients.

In June 2022, the Court denied the Defendants’ attempt to dismiss the Government’s Complaint. The Settlement Agreement provides that it is neither an admission of liability by the Defendants nor a concession by the United States that its claims are not well founded. Instead, in order to avoid delay and the expense of protracted litigation, and in consideration of the promises and obligations of the Settlement Agreement, the parties agreed to resolve the case.

“This is an important settlement and a just conclusion to the United States’ investigation into Dr. Luketich’s surgical and billing practices, and UPMC and UPP’s acceptance of those practices,” said Acting U.S. Attorney Rivetti. “This Office is committed to safeguarding the Medicare and Medicaid programs, and to protecting those programs’ beneficiaries. No medical provider – however renowned – is excepted from scrutiny or above the law.”

“The Complaint alleged that Dr. Luketich used his position as a trusted doctor to defraud the health care system,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “Health are fraud costs our country billions of dollars each year. This money is not just absorbed. It is passed down to the consumer. The Settlement Agreement provides that UPMC will implement a Corrective Action Plan for Dr. Luketich, and he will now have to undergo close scrutiny of his work.”

“Ensuring physicians and other health care entities provide honest and accurate information to their patients and government health care programs, is of the upmost importance,” said Special Agent in Charge Maureen R. Dixon of the HHS-OIG Philadelphia Regional Office. “HHS-OIG will continue to work closely with our law enforcement partners to thoroughly investigate health care fraud allegations to protect the safety of patients and the integrity of taxpayer-supported health care programs.”

The False Claims Act is one of the most powerful tools in the United States’ continued efforts to combat health care fraud. The Act’s whistleblower (or “qui tam”) provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery, and permit the United States to intervene and take over the lawsuit, either in its entirety, or in part (as it did here). Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800 HHS TIPS (800-447-8477).

Assistant United States Attorneys Lee Karl and Adam Fischer litigated this case on behalf of the United States. Prior to the filing of the Government’s Complaint, this matter was investigated by U.S. Attorney’s Office for the Western District of Pennsylvania, the U.S. Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation, in conjunction with the Internal Revenue Service – Criminal Investigation, the Department of Defense Office of Inspector General, the Drug Enforcement Administration, Department of Veterans Affairs Office of Inspector General, and the Pennsylvania’s Office of the Attorney General.

The case is captioned United States of America ex rel. Jonathan D’Cunha, M.D. v. James Luketich. et al., No. 19-cv-495 (W.D. Pa.).

ERIE, PA - A resident of Fairview, Pennsylvania pleaded guilty in federal court on Feb. 24, 2023, to conspiracy to violate the Clean Air Act, Acting United States Attorney Troy Rivetti announced today.

David Stablein, 54, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.

In connection with the guilty plea, Stablein admitted the facts set forth in the Information filed in the case; that is, from October 2015 to September 2018, Stablein conspired with his supervisor Anthony Nearhoof and others to violate the Clean Air Act while employed at the Erie Coke Corporation. The conspiracy involved employees opening heating flues on top of the coke oven batteries by removing their caps to allow combustion gases to vent directly into the air to avoid the plant’s environmental monitoring system. Stablein and Nearhoof, who is pending trial, personally removed flue caps, and directed others to do so, in order to vent coke oven gas directly into the atmosphere to reduce opacity levels being read by the monitoring system through the smokestack. The improper venting of coke oven gas to bypass the monitoring system and minimize opacity readings resulted in the spread of air pollutants outside the facility’s boundaries to adjoining residential and commercial areas, which presented potential dangers to the public’s health and safety.

Judge Baxter scheduled sentencing for June 30, 2023. The law provides for a total sentence of not more than five years in prison, a fine of $250,000.00, 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 Attorneys Nicole Vasquez Schmitt and Michael L. Ivory, and Special Assistant United States Attorneys Perry D. McDaniel and Martin Harrell are prosecuting this case on behalf of the government.

The Environmental Protection Agency conducted the investigation that led to the prosecution of Stablein.

PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of violating federal law, Acting United States Attorney Troy Rivetti announced today.

Ahmed Asiri, 26, of the City’s Brookline neighborhood, pleaded guilty to one count before United States District Judge Marilyn J. Horan.

In connection with the guilty plea, the court was advised that on December 7,  2022, Asiri robbed the Dollar Bank located at 3029 West Liberty Ave, in Pittsburgh, Pennsylvania 15216. As a result of the robbery, Asiri obtained $20,000 in United States currency. These funds were later recovered by law enforcement.

Judge Horan scheduled sentencing for June 21, 2023 at 10:30 a.m. The law provides for a total sentence of not more than 20 years in prison, a fine of not more than $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 Carl J. Spindler is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation, the Allegheny County Police Department, and the Dormont Police Department conducted the investigation that led to the prosecution of Ahmed Asiri.

PITTSBURGH - A Florida resident has been sentenced in federal court to 100 days in prison, to be followed by three years of supervised release, plus restitution of $150,000 on her conviction of mail fraud, Acting United States Attorney Troy Rivetti announced today.

United States District Judge Robert J. Colville imposed the sentence on Linda Baun, 73, of Largo, FL 33770.

According to information presented to the court, Baun was formerly employed as the Secretary/Treasurer for Jackson Township, in Mercer County. Between 2011 and 2019, she embezzled at least $150,000 from the Township by making unauthorized ATM withdrawals and by charging personal purchases on Amazon to the Township’s debit card.

Prior to imposing sentence, Judge Colville stated that Baun committed a serious crime involving public corruption.

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

Acting United States Attorney Rivetti commended the Federal Bureau of Investigation, Pennsylvania State Police and the Mercer County District Attorney’s Office for the investigation leading to the successful prosecution of Baun.

PITTSBURGH - Acting United States Attorney Troy Rivetti announced that the U.S. Attorney’s Office for the Western District of Pennsylvania has implemented the new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy released yesterday. The policy, which is effective immediately, details the circumstances under which a company will be considered to have made a voluntary self-disclosure (VSD) of misconduct to a United States Attorney’s Office (USAO), and provides transparency and predictability to companies and the defense bar concerning the concrete benefits and potential outcomes in cases where companies voluntarily self-disclose misconduct, fully cooperate and timely and appropriately remediate.

The goal of the policy is to standardize how VSDs are defined and credited by USAOs nationwide, and to incentivize companies to maintain effective compliance programs capable of identifying misconduct, to expeditiously and voluntarily disclose and remediate misconduct, and to cooperate fully with the government in corporate criminal investigations. The policy was developed pursuant to the Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (Monaco Memo), which directed each Department of Justice (DOJ) component that prosecutes corporate crime to review its policies on corporate voluntary self-disclosure and, if there was no formal written policy to incentivize self-disclosure, draft and publicly share such a policy.

Under the new VSD policy, a company is considered to have made a VSD if it becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the DOJ, and discloses all relevant facts known to the company about the misconduct to a USAO in a timely fashion prior to an imminent threat of disclosure or government investigation. A company that voluntarily self-discloses as defined in the policy and fully meets the other requirements of the policy, by—in the absence of any aggravating factor—fully cooperating and timely and appropriately remediating the criminal conduct (including agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct), will receive significant benefits, including that the USAO will typically not seek a guilty plea; may choose not to impose any criminal penalty, and in any event will not impose a criminal penalty that is greater than 50% below the low end of the United States Sentencing Guidelines (USSG) fine range; and will not seek the imposition of an independent compliance monitor if the company demonstrates that it has implemented and tested an effective compliance program.

The policy identifies three aggravating factors that may warrant a USAO seeking a guilty plea even if the other requirements of the VSD policy are met: (1) if the misconduct poses a grave threat to national security, public health, or the environment; (2) if the misconduct is deeply pervasive throughout the company; or (3) if the misconduct involved current executive management of the company. The presence of an aggravating factor does not necessarily mean that a guilty plea will be required; instead, the USAO will assess the relevant facts and circumstances to determine the appropriate resolution. If a guilty plea is ultimately required, the company will still receive the other benefits under the VSD policy, including that the USAO will recommend a criminal penalty of at least a 50% and up to a 75% reduction off the low end of the USSG fine range, and that the USAO will not require the appointment of a monitor if the company has implemented and tested an effective compliance program.

In cases where a company is being jointly prosecuted by a USAO and another DOJ component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other DOJ components, the USAO will coordinate with, or, if necessary, obtain approval from, the DOJ component responsible for the VSD policy specific to the reported misconduct when considering a potential resolution. Consistent with relevant provisions of the Justice Manual and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of its policy.

Voluntary Self Disclosures should be directed to the United States Attorney’s Office for the Western District of Pennsylvania Acting Criminal Chief Tonya Goodman at 412-644-3500.

The Attorney General’s Advisory Committee (AGAC), under the leadership of United States Attorney for the Southern District of New York Damian Williams, requested that the White Collar Fraud Subcommittee of the AGAC, under the leadership of United States Attorney for the Eastern District of New York Breon Peace, develop policies in response to the Deputy AG’s memo. The policy announced today was prepared by a Corporate Criminal Enforcement Policy Working Group comprised of U.S. Attorneys from geographically diverse districts, including U.S. Attorney Peace, as well as U.S. Attorney for the Eastern District of Virginia Jessica Aber, U.S. Attorney for the District of Connecticut Vanessa Avery, U.S. Attorney for the District of Hawaii Clare Connors, U.S. Attorney for the Eastern District of North Carolina Michael F. Easley, Jr., U.S. Attorney for the Northern District of California Stephanie Hinds, U.S. Attorney for the Western District of Virginia Christopher Kavanaugh, and U.S. Attorney for the District of New Jersey Philip Sellinger. Assistant U.S. Attorney Amanda Riedel, White Collar Crimes Coordinator for the Executive Office for U.S. Attorneys, also participated in the development of the policy.

PITTSBURGH – A resident of Coraopolis, Pennsylvania, pleaded guilty yesterday in federal court to a charge of violating federal conspiracy law in connection with the theft of 24 vehicles, Acting United States Attorney Troy Rivetti announced today.

Bernard Washington, age 31, pleaded guilty to Count One of the Indictment before United States District Judge Nora Barry Fischer.

In connection with the guilty plea, the Court was advised that, from on or about May 30, 2021, until on or about Oct. 25, 2021, Washington conspired to commit offenses against the United States, namely, transportation and receipt of stolen vehicles. Washington admitted that he worked as a contractor for the Hertz Rent a Car at the Pittsburgh International Airport between May and July 2021. During that time, and for several months thereafter, Washington and co-conspirators accessed the Hertz parking lot and stole approximately 24 vehicles, at least three of which were transported across state lines from Pennsylvania to other states, including Maryland, Delaware, and Virginia. Washington and his co-conspirators provided these stolen vehicles to other individuals in exchange for payment. Washington also received at least two stolen vehicles from a co-conspirator, one of which had crossed state lines after being stolen.

Judge Fischer scheduled sentencing for May 16, 2023. The law provides for a maximum total sentence of five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorneys Karen Gal-Or and William Guappone are prosecuting this case on behalf of the government.

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

JOHNSTOWN, Pa. – A resident of Woodland, PA, has been sentenced in federal court to a total of 120 months in prison followed by 5 years of supervised release on her convictions of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, Acting United States Attorney Troy Rivetti announced today.

Senior United States District Judge Kim R. Gibson imposed the sentence on Cassandra Wallace, age 37, of Woodland, Pennsylvania.

According to information presented to the court, from July 2019 to June 2020, Wallace did conspire to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine. Further, on December 18, 2019, Wallace did distribute and possess with the intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.

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

Mr. Rivetti commended the Drug Enforcement Administration and the Pennsylvania State Police for the investigation that led to the successful prosecution of Wallace. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.

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 – Troy Rivetti, First Assistant to former United States Attorney to Cindy K. Chung, has been named Acting United States Attorney for the Western District of Pennsylvania effective today.

In this position, Mr. Rivetti leads a staff of nearly 120 employees representing the United States in courts throughout Pennsylvania's western 25 counties, including staffed offices in Pittsburgh, Erie, and Johnstown.

Mr. Rivetti’s career in the Department of Justice has spanned more than 25 years. Most recently he served as First Assistant U.S. Attorney beginning in November 2021. Prior to that appointment, Mr. Rivetti held a series of leadership positions in the U.S. Attorney's Office, including serving as the Chief of the Criminal Division from 2019 to 2021. Mr. Rivetti joined the U.S. Attorney's Office in 1997. Throughout his career as a federal prosecutor, Mr. Rivetti’s primary area of concentration has involved the investigation and prosecution of violent crime, including large-scale drug trafficking organizations and firearms offenses.

Mr. Rivetti obtained his Bachelor of Arts degree from Dickinson College and his Juris Doctor from Georgetown University. Following graduation from law school, Mr. Rivetti was employed for five years as a litigation associate at a large Pittsburgh law firm. He then served as a law clerk for two years for the Honorable D. Brooks Smith.

PITTSBURGH - A former resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 25 years’ incarceration and lifetime supervised release on his conviction for four counts related to the sexual exploitation of minors, United States Attorney Cindy K. Chung announced today.

Senior United States District Judge Joy Flowers Conti imposed the sentence on Wayne Edward McNutt, age 58.

According to information presented to the court, from Feb. 25, 2021 until July 26, 2021, McNutt communicated with an individual whom he believed had a child available for sexual activity. In reality, McNutt was communicating with law enforcement agents acting in an undercover capacity to investigate the online sexual exploitation of children. During the communications, McNutt made plans to meet the purported child for sex and solicited advice from the child’s purported guardian about how to make the child trust him and feel comfortable during McNutt’s intended sexual abuse of the child. On two occasions, McNutt sent to the undercover agent images and a video depicting child sexual abuse. Ultimately, McNutt sent money for the purported child and the child’s guardian to travel from another state to Pittsburgh, where McNutt had booked a hotel room for all of them. McNutt was arrested by law enforcement on July 26, 2021, when he arrived to meet the purported child at the hotel that he had reserved. McNutt also possessed a cell phone that contained additional videos of minors, including prepubescent minors, engaging in sexually explicit conduct.

At the time of his arrest, McNutt was on Pennsylvania state probation for a 2012 conviction for the aggravated indecent assault of a child. In imposing sentence, Judge Conti stated that lifetime supervised release was necessary to protect the community from McNutt’s very serious and repetitive criminal conduct.

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

United States Attorney Chung commended the Federal Bureau of Investigation, the FBI Pittsburgh Child Exploitation and Human Trafficking Task Force, the FBI Albany Mid-State Child Exploitation Task Force, and the FBI Albany Child Exploitation and Human Trafficking Task Force for conducting the investigation that led to the prosecution of McNutt.

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 former resident of Philadelphia, PA, has been sentenced in federal court to a total of 60 months in prison followed by 3 years of supervised release on his conviction of distributing cocaine, heroin, and fentanyl, United States Attorney Cindy K. Chung announced today.

Senior United States District Judge Kim R. Gibson imposed the sentence on Troy Jamal Jones, age 36, on February 15, 2023.

According to information presented to the court, on or about August 21, 2019, Jones did distribute a quantity of a mixture and substance containing a detectable amount of cocaine base. Further, on or about August 27, 2019, Jones did distribute a quantity of a mixture and substance containing a detectable amount of cocaine base, heroin, and fentanyl.

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

Ms. Chung commended the Federal Bureau of Investigation and the Safe Streets Task Force for the investigation that led to the successful prosecution of Jones.

PITTSBURGH, PA - A resident of Chisago City, Minnesota,, formerly of Western Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of embezzlement and fraud in violation of federal labor laws, United States Attorney Cindy K. Chung announced today.

The two-count Indictment named Donald W. Byers, age 48, as the sole defendant.

According to the Indictment, Byers, who is the former Treasurer for Division 287 of the Brotherhood of Locomotive Engineers and Trainmen (BLET) which is located in Ashville, Pennsylvania, embezzled over $45,000 from union funds, and created fraudulent records to conceal his embezzlement.

The law provides for a maximum total sentence of not more than five years in prison, a fine of $10,000, 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 Robert S. Cessar is prosecuting this case on behalf of the government.

The U.S. Department of Labor, Office of Labor-Management Standards conducted the investigation leading to the Indictment in this case.

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

JOHNSTOWN, Pa. – A resident of Erie, PA pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Cindy K. Chung announced today.

Walter Scott McMahon, age 56, of Erie, PA, pleaded guilty to Count Two of the Superseding Indictment before Senior United States District Judge Kim R. Gibson.

In connection with the guilty plea, from July 2019 to June 2020, McMahon did conspire to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.

Judge Gibson scheduled sentencing for June 20, 2023. The law provides for a minimum of 10 years in prison to a maximum of life in prison, a fine of up to $10,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

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

The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation that led to the prosecution of McMahon. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.

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 - A resident of Pittsburgh, Pennsylvania, pleaded guilty yesterday in federal court in Pittsburgh to distributing and possessing material depicting the sexual exploitation of minors, and upon conviction, was sentenced to 96 months’ imprisonment and 10 years’ supervised release, United States Attorney Cindy Chung announced today.

U.S. District Judge J. Nicholas Ranjan imposed the sentence on Cody Green, age 25.

According to information presented to the court during the guilty plea hearing, Green was communicating with other individuals using private communication applications, to include Wickr and Tumbler, and distributed on July 16, 2021, and Aug. 30, 2021, images and videos to those individuals which depicted the sexual exploitation of prepubescent minors. A search warrant was executed at his residence on Sept. 1, 2021, by agents of the Federal Bureau of Investigation and other members of the Western Pennsylvania Violent Crimes Against Children Task Force. Green’s cellular telephone was seized and found to contain 19 still images and 248 videos containing child sex abuse material, some of which depicted sex acts with children younger than 2 years old.

Prior to imposing sentence, Judge Ranjan emphasized the egregious nature of Green’s conduct and communications, and stated that he hoped that he would take advantage of sex offender and mental health treatment while incarcerated. Judge Ranjan further ordered Green to pay a total of $15,300 in special assessments, as well as restitution to ten child victims totaling $32,000. The court revoked Green’s bond and he was taken into custody.

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

United States Attorney Chung commended the Federal Bureau of Investigation and other members of the Western Pennsylvania Violent Crimes Against Children Task Force for the investigation leading to the successful prosecution of Green.

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 - After deliberating for approximately 90 minutes, a federal jury yesterday found Omari Patton guilty of five counts related to attempting to provide to a federal inmate or obtain as a federal inmate a Schedule I synthetic cannabinoid controlled substance in federal prisons, United States Attorney Cindy K. Chung announced today.

Omari Patton, 44, formerly of Pittsburgh, Pennsylvania, was tried before United States District Judge William S. Stickman, IV in Pittsburgh, Pennsylvania.

The evidence presented at trial established that in September and October 2018, Patton, who was incarcerated at the Fort Dix, New Jersey, federal prison, directed his son, Dashawn Burley, who resided in Monroeville, Pennsylvania, to mail three envelopes to Patton at the Fort Dix prison and two envelopes to another federal inmate at the Ray Brook, New York, federal prison. All five of these envelopes, at Patton’s direction, were disguised by Burley to appear as if they were “legal” mail sent by a fake attorney. However, each envelope contained paper that had been saturated with a Schedule I synthetic cannabinoid controlled substance, commonly referred to as “K2 paper” or “deuce,” potent synthetic drugs, which law enforcement officers testified disrupts prison life and threatens the health and safety of inmates and staff members.

Mr. Burley, who was also charged for his involvement in the offenses, pled guilty prior to opening statements on Tuesday, Feb. 6, 2023, to two counts of attempting to provide to a federal inmate a Schedule I synthetic cannabinoid controlled substance in federal prisons.

Judge Stickman scheduled sentencing for Patton on June 15, 2023. The law provides for a maximum total sentence of up to 50 years in prison and a fine of up to $1,250,000. Under States Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Judge Stickman also scheduled sentencing for Burley on June 8, 2023. The law provides for a maximum total sentence of up to 20 years in prison and a fine of up to $500,000. Under States Sentencing Guidelines, the actual sentence imposed is based on the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Pending sentencing, the court ordered that Patton would remain detained and the court continued Burley’s bond.

Assistant United States Attorneys Craig W. Haller and Rebecca L. Silinski are prosecuting this case on behalf of the United States.

The Drug Enforcement Administration, the Internal Revenue Service, the federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.

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.

ERIE, Pa. - A resident of Franklin, Pennsylvania, pleaded guilty in federal court to a charge of violating federal firearms laws, United States Attorney Cindy K. Chung announced today.

Phillip John Dechant, 39, 739 Buffalo Street, Franklin, Pennsylvania, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.

In connection with the guilty plea, the court was advised that on or about April 22, 2020, Dechant possessed numerous firearms while being a convicted felon. As part of his plea agreement, Dechant agreed to a sentence of forty (40) months of imprisonment to be followed by three years of supervised release.

Judge Baxter scheduled sentencing for June 8, 2023 at 1:30 p.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Pending sentencing, the court continued Dechant on bond.

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

The Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation that led to the prosecution of Dechant. 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.