Western District of Pennsylvania

ERIE, Pa. – A resident of Erie, Pennsylvani,a has been indicted by a federal grand jury in Erie on a charge of willfully injuring or committing any depredation against any property of the United States, United States Attorney Scott W. Brady announced today.

The one-count indictment named Paul Howard Scalf, 48, as the sole defendant.

According to the indictment presented to the court, on or about December 23, 2017, Scalf punched out a window causing it to shatter on the southwest side of the Erie Federal Courthouse Complex which caused damaged in excess of $1,000.00.

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

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

The United States Department of Homeland Security and the Federal Protective 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 – A Clarion County resident has been indicted by a federal grand jury in Pittsburgh on a violation of the federal firearms laws, United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on March 6 and unsealed today, named Emmett Freshcorn, 29, Ashland Township, Pennsylvania, as the sole defendant.

According to the indictment, on December 11, 2017, Freshcorn illegally possessed a firearm and ammunition. Freshcorn has previously been convicted of a felony, and is prohibited from possessing a firearm.

For possessing a firearm as a convicted felon, the law provides for not more than 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.

Assistant United States Attorney Timothy Lanni is prosecuting this case on behalf of the government.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pennsylvania State Police 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 - An illegal alien found in Pittsburgh, Pennsylvania, pleaded guilty and has been sentenced in federal court to 10 months imprisonment on his conviction of illegal re-entry after deportation, United States Attorney Scott C. Brady announced today.

United States District Judge Arthur J. Schwab imposed the sentence on Rene Hilerio-Ballina, age 33, of Mexico.

According to the information presented to the court, Hilerio-Ballina, a native and citizen of Mexico, was formally removed from the United States by the United States Immigration and Customs Enforcement on April 23, 2010, June 9, 2010, May 10, 2013, and October 29, 2013. Hilerio-Ballina was found to be illegally present in Pittsburgh, Pennsylvania, on December 19, 2017, when he was arrested by the United States Immigration and Customs Enforcement.

Assistant United States Attorney Mary McKeen Houghton prosecuted this case on behalf of the government.

United States Attorney Brady commended the United States Immigration and Customs Enforcement (ICE)/Homeland Security Investigations (HSI) for the investigation leading to the successful prosecution of Hilerio-Ballina.

PITTSBURGH – Bryan Campbell, age 28, and Daymon Cassanova Ottey, age 29, both of Pittsburgh, Pennsylvania, have been arrested and charged in a criminal complaint with conspiring to rob three area banks, armed bank robbery, brandishing a firearm in and during a crime of violence, and possession of a firearm by a convicted felon, United States Attorney Scott W. Brady announced today.

According to the criminal complaint, unsealed today, defendants Campbell and Ottey conspired to rob the S & T Bank in Plum, Pa., on March 7, 2017, the First National Bank in Verona, Pa., on May 1, 2017, and the Huntington Bank in Baden, Pa., on July 22, 2017. Additionally, both are charged with the March 7, 2017 armed bank robbery of the S & T Bank. Campbell is also charged with brandishing a firearm in and during a crime of violence for using a silver revolver during the March 7, 2017 robbery. Finally, Ottey was charged for possessing a firearm as a convicted felon on March 5, 2018.

On March 7, 2017, Campbell, wearing a ski mask and using a silver revolver, robbed the S & T Bank of $7,707.00 dollars and placed the money into pillowcase before fleeing the bank and entering a car registered to Ottey’s girlfriend.

On May 1, 2017, Campbell, wearing a windbreaker with the hood drawn, robbed the First National Bank of $84,200 while using a silver handgun. Campbell hopped the counter of the bank and was able to enter the vault, collecting the $84,200. Campbell filled the pillow case with money and left the scene, fleeing in the same car used in the March 7, 2017 robbery.

Subsequent to the May 1 robbery, FBI Special Agents discovered that Campbell’s girlfriend posted numerous photographs and videos on social media websites detailing expensive shopping sprees, vacations, and jewelry purchased. FBI Special Agents also discovered that the day after the May 1, 2017 robbery, Ottey purchased a Jeep Grand Cherokee. This Jeep Grand Cherokee was seen leaving the scene of the attempted bank robbery in Baden, Pa., on July 22, 2017.

Pursuant to a federal search warrant, FBI Special Agents recovered the silver revolver used in the robberies on March 5, 2018 at the home of Ottey.

For Ottey, the law provides for a maximum sentence of 25 years in prison and a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.

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

Assistant United States Attorney Timothy M. Lanni is prosecuting this case. The FBI Pittsburgh’s Violent Crimes Task Force, with assistance from the Plum Police Department, Verona Police Department, Economy Borough Police, Allegheny County Sheriff’s Department, and Shaler Township Police Department conducted the investigation leading to the arrests in this case.

A criminal complaint is only a charge and is not evidence of guilt. A defendant may not be prosecuted unless, within 30 days, a grand jury has found probable cause to believe that he is guilty of an offense.

PITTSBURGH – Damian McKay was sentenced to 84 months in federal prison for conspiring to distribute at least 100 grams of heroin and a quantity of fentanyl, United States Attorney Scott W. Brady announced today.

McKay, 28, of Pittsburgh, was sentenced by United States District Court Judge Nora Barry Fischer. McKay’s sentence also includes a term of four years of supervised release following the prison sentence.

The conviction and sentence of McKay was a product of a Pittsburgh Bureau of Police investigation of the distribution of a mixture of heroin and fentanyl in bags stamped "Predator" that caused numerous fatal and non-fatal overdoses in Western Pennsylvania during the week of April 13, 2015. The Pittsburgh Police investigated several of the overdoses that occurred in Pittsburgh. Justin Robinson was identified as one of the retail distributors in Pittsburgh of the Predator bags. Deandre McKissick was identified as Robinson’s source of supply for the heroin and fentanyl in the Predator bags, as well as for heroin in bags with other stamps. McKay was also supplied by McKissick.

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

The Pittsburgh Bureau of Police, the Drug Enforcement Administration and the Allegheny County Medical Examiner’s Office conducted the investigation leading to the conviction and sentence in this case.

JOHNSTOWN, Pa. – A resident of Berlin, Pa., has been sentenced in federal court to six months incarceration, followed by six months home detention with electronic monitoring; immediate mental health evaluation/treatment program and three years’ supervised release on his conviction of making a threat against the Vice President of the United States, United States Attorney Scott W. Brady announced today.

United States District Judge Kim R. Gibson imposed the sentence on William R. Dunbar, 23.

According to information presented to the court, on Sept. 8, 2017, while on military duty in Johnstown, Pa., Dunbar made a threat against the Vice President of the United States, who was to arrive in Johnstown on Sept. 11, 2017. Three witnesses heard Dunbar specifically state he would kill the Vice President.

Assistant United States Attorney Stephanie L. Haines, prosecuted this case on behalf of the government.

Mr. Brady commended the United States Secret Service for the investigation that led to the successful prosecution of Dunbar.

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

The two-count indictment named Adam Gregory Ryzinski, 38, as the sole defendant.

According to the indictment presented to the court, Ryzinski received and possessed computer images and movies depicting prepubescent 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, 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.

The law provides for a maximum total sentence of 40 years in prison, a fine of $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 Christian A. Trabold is prosecuting this case on behalf of the government.

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

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

PITTSBURGH - A Cambria County resident has been sentenced in federal court to 120 months imprisonment to be followed by three years supervised release on his conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.

United States District Judge Cathy Bissoon imposed the sentence on Brad Troup, 39, of Northern Cambria, Pennsylvania.

According to information presented to the court, on January 13, 2016, Mr. Troup distributed and possessed with intent to distribute heroin. Mr. Troup previously admitted that the heroin he distributed caused the death of Jeremiah Huey, who had used heroin he obtained from Troup.

Assistant United States Attorney Katherine A. King prosecuted this case on behalf of the government.

United States Attorney Brady commended the Drug Enforcement Administration, along with the Pennsylvania State Police, the Offices of the District Attorneys of Allegheny and Indiana Counties, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Troup.

PITTSBURGH - A resident of Pittsburgh, Pennsylvania pleaded guilty in federal court to a charge of possession of material depicting the exploitation of a minor, United States Attorney Scott W. Brady announced today.

Abhijeet Das, 27, of Pittsburgh, Pennsylvania, pleaded guilty on March 6 to one count before United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that on November 8, 2017, Das unlawfully possessed computer graphic files containing approximately 1,000 photographs and 380 videos depicting minors engaged in sexually explicit conduct.

Judge Hornak scheduled sentencing for July 19, 2018 at 9:30 am. 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 released Das on a $25,000 bond.

Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.

The Western Pennsylvania Crimes Against Children Task Force conducted the investigation that led to the prosecution of Das.

UPMC Hamot (Hamot), a hospital based in Erie, Pennsylvania – and now affiliated with the University of Pittsburgh Medical Center (UPMC) – and Medicor Associates Inc. (Medicor), a regional physician cardiology practice, have agreed to pay the government $20,750,000 to settle a False Claims Act lawsuit alleging that they knowingly submitted claims to the Medicare and Medicaid programs that violated the Anti‑Kickback Statute and the Physician Self‑Referral Law, the Justice Department announced today.  Hamot became affiliated with UPMC after the conduct resolved by the settlement occurred.

 

The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs.  The Physician Self-Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper compensation arrangement.  Both the Anti-Kickback Statute and the Stark Law are intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based on the best interests of the patient.

 

The settlement resolves allegations brought in a whistleblower action filed under the False Claims Act alleging that, from 1999 to 2010, Hamot paid Medicor up to $2 million per year under twelve physician and administrative services arrangements which were created to secure Medicor patient referrals.  Hamot allegedly had no legitimate need for the services contracted for, and in some instances the services either were duplicative or were not performed.

 

“Financial arrangements that improperly compensate physicians for referrals encourage physicians to make decisions based on financial gain rather than patient needs,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division.  “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs.”

 

The lawsuit was filed by Dr. Tullio Emanuele, who worked for Medicor from 2001 to 2005, under the qui tam, or whistleblower, provisions of the False Claims Act.  The Act permits private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to share in any recovery.  The Act also allows the government to take over the case or, as in this case, the whistleblower to pursue it.  In a March 15, 2017 ruling, the U.S. District Court for the Western District of Pennsylvania held that two of Hamot’s arrangements with Medicor violated the Stark Law.  The case was set for trial when the United States helped to facilitate the settlement.  Dr. Emanuele will receive $6,017,500.

 

“Federal law prohibits physicians from entering into financial relationships that may affect their medical judgment and drive up health care costs,” said U.S. Attorney Scott W. Brady.  “Today’s settlement demonstrates our commitment to ensuring that health care decisions are made based exclusively on the needs of the patient, rather than the financial interests of health care providers.”

 

This matter was handled on behalf of the government by the U.S. Attorney’s Office for the Western District of Pennsylvania, the Justice Department’s Civil Division, and the Department of Health and Human Services Office of the Inspector General.

           

The case is captioned United States ex rel. Emanuele v. Medicor Associates, Inc. et al., Civil Action No. 10-cv-00245-JFC (W.D. Pa.).  The False Claims Act claims resolved by this settlement are allegations only and there has been no determination of liability.

PITTSBURGH – Two residents of Allegheny County, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of violating federal drug and firearms laws, United States Attorney Scott W. Brady announced today.

The four-count indictment, returned on March 6, named Sonnie Ali Watts, 44, and Jessica Lea Wainwright, 38, both of Pittsburgh, Pennsylvania, as the defendants.

According to the indictment, in September of 2016, Watts conspired with others to distribute and to possess with intent to distribute fentanyl and 100 grams or more of heroin. The indictment also alleges that on September 16, 2016, Watts possessed with intent to distribute Fentanyl and 100 grams or more of heroin. In addition, during the same time period, Watts possessed a 9 mm caliber semi-automatic firearm and ammunition, after having been convicted of multiple crimes punishable by more than one year in prison, including eight separate drug cases and one charge of escape. The indictment further alleges that Wainwright leased, rented, used and maintained a drug premises at 1917 Tours Street in Pittsburgh.

Defendants, like Watts, who have three prior convictions for violent felonies or serious drug offenses, face a minimum of 15 years and a maximum of life in prison, under the federal Armed Career Criminal Act. For Wainwright, the law provides for a term of imprisonment up to 20 years, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and any prior criminal history of the defendant.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case with valuable assistance from the Pittsburgh Bureau of Police. This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

PITTSBURGH - A drug rehab counselor from McKees Rocks, Pennsylvania, has been charged by a federal grand jury in a superseding indictment with conspiracy to possess with intent to distribute heroin; distribution of heroin and fentanyl resulting in serious bodily injury; distribution of fentanyl; and possession with intent to distribute heroin and fentanyl. Also charged in the conspiracy count are two residents of New York, NY.

The six-count superseding indictment, returned under seal on February 28, named David Francis, 66, described in a previously filed criminal complaint as the operator of Next Step Recovery Housing in McKees Rocks. The superseding indictment also named William Rosario, 23, and Jose Ortega, 31, both of New York City.

According to the superseding indictment, from in and around November 2016 through in and around February 2017, Francis, Rosario, and Ortega conspired to possess with intent to distribute and distribute 100 grams or more of heroin. The superseding indictment further alleges that on or about June 23, 2017, Francis distributed heroin which caused serious bodily injury to a user of the heroin. On or about September 18, 2017, Francis also distributed fentanyl which caused serious bodily injury to users of the fentanyl. The superseding indictment also alleges that on or about September 21, 2017, Francis distributed a quantity of fentanyl, and on or about October 6, 2017, Francis possessed with intent to distribute quantities of heroin and fentanyl.

With respect to the charges against David Francis, the law provides for a maximum total sentence of not less than 20 years in prison and up to life, a fine of $5,000,000, or both. For William Rosario and Jose Ortega, the law provides for a maximum total sentence of not less than five years and up to 40 years in prison, a fine of $5,000,000, 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 Tonya Sulia Goodman is prosecuting this case on behalf of the government.

The Drug Enforcement Administration, Monroeville Police Department, Stowe Township Police Department, Ingram Borough Police Department, Pennsylvania State Police, and Monaca Police Department 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.

PITTSBURGH – An Allegheny County resident pleaded guilty in federal court to a charge of escape from an institution, United States Attorney Scott W. Brady announced today.

Devon Johnson, age 29, of Braddock, Pa., pleaded guilty on March 6 to one count before United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that on August 31, 2016, Johnson escaped from the Renewal, Inc. Residential Reentry Center, where he had been confined pursuant to a judgment and commitment order of the United States District Court for the Northern District of West Virginia.

Judge Hornak scheduled sentencing for July 19, 2018 at 1:30 p.m. 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 of the defendant.

Pending sentencing, the court continued the defendant’s detention.

Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.

The United States Marshals Service conducted the investigation that led to the prosecution of Johnson.

PITTSBURGH – A Beaver County resident pleaded guilty in federal court to a charge of violating the federal drug laws, United States Attorney Scott W. Brady announced today.

Justin Clark, 34, of Beaver Falls, Pa., pleaded guilty on March 6 to one count before United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that from in and around September 2016, and continuing until in and around July 2017, Clark conspired with others to distribute and possess with the intent to distribute 40 grams or more of fentanyl, a Schedule II controlled substance. Clark has a prior felony drug-trafficking conviction and therefore is subject to enhanced penalties under federal law.

Judge Hornak scheduled sentencing for July 18, 2018, at 11 a.m. The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $8,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.

Assistant United States Attorney Caitlin A. Loughran is prosecuting this case on behalf of the government.

This prosecution is part of a long-term investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI. The GPSSTF and the United Sates Attorney’s Office, Western District of Pennsylvania, would like to recognize the significant contributions made to this investigation by the Pennsylvania State Police, United Sates Postal Inspection Service, Cranberry Township Police Department and the New Brighton Police Department.

PITTSBURGH – A resident of Beaver Falls, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of embezzlement by a bank employee United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on March 6, named Robin Chiappetta, age 63, as the sole defendant.

According to the indictment, from approximately February 2014 until approximately December 2016, Chiappetta, who was employed as an Assistant Branch Manager at First National Bank at 1703 Seventh Avenue in Beaver Falls, embezzled funds belonging to and entrusted to the custody and care of the bank, resulting in a loss of $20,513.80.

The law provides for a maximum total sentence of 30 years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.

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

PITTSBURGH - A resident of Donora, Pennsylvania, has been sentenced in federal court to 60 months imprisonment, followed by four years of supervised release, on a charge of conspiracy to possess with intent to distribute and distribution of over 500 grams of cocaine, United States Attorney Scott W. Brady announced today.

United States District Judge Cathy Bissoon imposed the sentence on George Daube, age 61.

According to information presented to the court, between August and November of 2015, George Daube was intercepted over a Title III court authorized wiretap purchasing approximately five ounces of cocaine at a time from his supplier. Based on the calls and texts intercepted between Daube and his supplier, Daube purchased over 500 grams of cocaine during the timeframe of the conspiracy. Daube’s supplier, William Chaffin, Jr., was sentenced on September 17, 2017, to 15 years in prison followed by five years of supervised release.

Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the prosecution of Daube.

PITTSBURGH - A resident of Pittsburgh has been sentenced in federal court to seven months of home confinement with electronic home monitoring, followed by four years of probation, on his conviction of a health care fraud conspiracy to commit offenses against the United States, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence on Zachary Edward Rathke, 26, of Pittsburgh, Pa.

According to information presented to the court, Rathke and two co-defendants operated a forged prescription ring. Prescriptions were forged with the names, DEA numbers, medical license numbers, and signatures of real medical doctors. The prescriptions, most of which were forged for oxycodone and Percocet, were filled at a large number of Western Pennsylvania pharmacies and primarily paid for with Medicaid funds. The fraudulently obtained prescription pills were then sold on the street for substantial profit.

Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.

United States Attorney Brady commended the Federal Bureau of Investigation, Drug Enforcement Administration, Pittsburgh Bureau of Police, Brentwood Police Department, Mt. Pleasant Police Department and Bellevue Police Department for the investigation leading to the successful prosecution of Rathke.

PITTSBURGH - A resident of Pitcairn, Pennsylvania, pleaded guilty in federal court to a charge of attempted post office robbery, United States Attorney Scott W. Brady announced today.

Kristen Risko, 23, pleaded guilty to one count before United States District Judge David S. Cercone.

In connection with the guilty plea, the court was advised that on July 21, 2016, the defendant, wearing a gray hooded sweatshirt with the hood over her head, large dark sunglasses covering her face and holding a metallic object in her right hand, walked into the United States Post Office in Pitcairn, Pennsylvania. She raised her right hand, pointed it at the clerk, and demanded money. The clerk could not see what was in the defendant’s hand because she had the sleeve from her sweatshirt covering her hand. The defendant moved closer to the clerk, demanded money and told him to give her everything that he had. As she got closer, he believed that she was holding a knife. The clerk told her that the police just drove by and that she had better leave because they were coming back any second. He then moved behind a doorframe and out of her view. At that point, the defendant fled the Post Office.

Officers utilized surveillance video to identify and track the whereabouts of the defendant. They observed her discard the sweatshirt and glasses, which they were able to recover from a yard. Postal Inspectors interviewed the defendant at her home the next day. The defendant advised that the item that she carried in her hand was a remote control for a space heater, which she threw into the creek before returning home. She also admitted to throwing the sweatshirt and glasses into a residential yard as she fled the scene.

Judge Cercone scheduled sentencing for July 25, 2018. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000.00, 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.

Pending sentencing, Judge Cercone ordered that the defendant remain detained.

Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.

The United States Postal Inspection Service and the Pitcairn Borough Police Department conducted the investigation leading to the prosecution of Risko.

 

PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 68 months imprisonment and five years supervised release on his convictions for attempted robbery and brandishing a firearm during a crime of violence, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence Tuesday on David Lipinski, 37.

According to information presented to the court, on April 27, 2016, Lipinski and his codefendants, Raymond Denson and Anthony Bailey, attempted to rob a van making a delivery of pharmaceutical drugs to the Giant Eagle in Gibsonia. A firearm was brandished by Lipinski while he and Bailey tried unsuccessfully to force the driver back into the van. Lipinski and the others then aborted the robbery attempt.

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

United States Attorney Brady commended the Bureau of Alcohol, Firearms, Tobacco and Explosives and the Northern Regional Police Department for the investigation leading to the conviction of Lipinski. The case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. The efforts of PSN led to the successful prosecution of Lipinski.

PITTSBURGH – A resident of Donora, Pennsylvania, pleaded guilty in federal court to a narcotics charge, United States Attorney Scott W. Brady announced today.

Anthony Davis, 41, pleaded guilty to one count of possession with intent to distribute cocaine before United States District Judge Mark Hornak.

In connection with the guilty plea, the court was advised that from approximately April 2017 to December 2017, Anthony Davis operated a cocaine "stash house" for the Mendoza/Lightfoot Drug Trafficking Organization. Davis stored large amounts of cocaine and marijuana, along with drug production and distribution materials, at his personal home in Donora. Davis ran this operation with alleged Mendoza/Lightfoot DTO member and co-defendant Brandon Thomas.

On December 13, 2017, FBI Special Agents, Task Force Officers, as well as members of the Pennsylvania State Police executed a search warrant at Davis’ home. During the search, investigators recovered approximately five ounces of cocaine, large amounts of marijuana, approximately $11,025 in cash, and a large hydraulic kilo press in the basement of Davis’ home. As part of his guilty plea, Davis agreed to forfeit the items seized at his home on that day.

Judge Hornak scheduled sentencing for June 8, 2018. The law provides for a maximum sentence of up to 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior record, if any, of the defendant.

Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation - The Monongahela Valley Residential Agency, and the Pennsylvania State Police, with assistance from the South Strabane Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department and the Perryopolis Police Department, conducted the investigation that led to the guilty plea in this case.

PITTSBURGH - A former resident of West Mifflin, Pennsylvania, pleaded guilty in federal court on one count of possession with intent to distribute and distribution of fentanyl, United States Attorney Scott W. Brady announced today.

James Kadish, age 27, pleaded guilty before United States District Judge David Cercone.

In connection with the guilty plea, the court was advised that on December 3, 2018, James Kadish purchased a quantity of fentanyl from co-defendant Devon Robinson. On December 3, 2017 and December 4, 2017, Kadish then distributed the fentanyl to at least two other individuals. On December 4, 2017, FBI Special Agents and Task Force Officers recovered the remaining fentanyl from Kadish’s home in West Mifflin.

Judge Cercone scheduled sentencing for July 23, 2018. The law provides for a maximum total sentence of up to 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses, and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the guilty plea in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department and Pennsylvania Attorney General’s Office.

PITTSBURGH - One Michigan resident and one New Jersey resident have been indicted by a federal grand jury in Pittsburgh on a charge of conspiracy, United States Attorney Scott W. Brady announced today.

The one-count indictment named Michael Cox, 42, of Beverly Hills, Michigan, and Michael Stashchyshyn, 55, of Cedar Knolls, New Jersey, as defendants.

According to the indictment, Cox and Stashchyshyn conspired with others to export night sighting equipment, firearms and ammunition to Ukraine without the requisite license issued by the State Department. The items were purchased in the United States by Cox and others, and shipped to Stashchyshyn who owns a freight forwarder business in Parsippany, New Jersey. Stashchyshyn then shipped the items to an individual in Ukraine in violation of U.S. law and regulations. The items shipped are contained on the Federal Munitions List and are controlled by the International Traffic in Arms (ITAR) regulations. They are illegal to ship without a license from the State Department, which the defendants and their co-conspirators did not have.

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 offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorneys Charles A. Eberle and Shardul Desai are prosecuting this case on behalf of the government.

U.S. Immigration and Customs Enforcement/Homeland Security Investigations and 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 – A teenage resident of Westmoreland County, Pennsylvania, has been sentenced in federal court to 60 months imprisonment, followed by three years supervised release, on a charge of violating federal drug laws. The Court also ordered Tristin Bradley Axton, 19, of Greensburg, to pay $8,120.00 for the funeral expenses of the victim, United States Attorney Scott W. Brady announced today.

According to information presented to the Court, while Axton was a juvenile, he sold opiates that caused the death of victim Anthony Terrant on August 16, 2015. On September 20, 2016, when Axton was barely 18, federal law enforcement officers apprehended Axton in the middle of selling 50 stamp bags of heroin and he was also found to possess additional amounts of heroin and three cellphones. In court, Axton specifically admitted to selling the drugs which caused Mr. Terrant’s death.

United States District Judge Cathy Bissoon noted the "very serious nature of this offense" when imposing the sentence on Axton. The Judge ordered that 50% of Axton’s prison salary and, after his release from federal prison, a minimum of 10% of his gross earnings be set aside to pay his debt to the victim’s family for the victim’s funeral expenses.

Assistant United States Attorneys Ross E. Lenhardt, of the Violent Crime Section of the U.S. Attorney’s Office, prosecuted this case on behalf of the government.

United States Attorney Brady commended the Drug Enforcement Administration (DEA), the Washington County Drug Task Force, the Washington County Sheriff’s Office, the Washington County District Attorney’s Office, and local police departments including the Canonsburg Police Department, the Charleroi Police Department, the Rostraver Township Police Department and the Monessen Police Department, as well as the Washington County Coroner’s Office and the Allegheny County Medical Examiner’s Office, for the investigation leading to the successful prosecution of Axton.

PITTSBURGH - A resident of Pittsburgh, Pennsylvania, was sentenced in federal court to 96 months in prison on his guilty plea to violating federal drug laws, United States Attorney Scott W. Brady announced today.

United States District Court Judge Joy Flowers Conti imposed the sentence yesterday on Matthew David Adams, age 29.

In connection with the guilty plea, the court was advised that Adams was a drug dealer who sold both heroin and fentanyl. Adams sold 15 stamp bags marked "OMG" and two of those bags were given to the victim who died as a result of using the fentanyl in them. After law enforcement officers identified Adams as the dealer of the deadly drugs, he was arrested and found in possession of stamp bags containing fentanyl and others containing heroin. In Court, Adams admitted that the fentanyl he sold caused the April 19, 2016 death of Jesse James King in Houston Borough, Washington County.

Judge Conti told Adams that he would have to live with the fact that he caused the death of another person "for the rest of [his] life" and ordered that he be supervised by federal Probation Officers for five years after his release from the 8-year term of imprisonment. Judge Conti imposed strict conditions on Adams’ supervision which included requirements that he work at least 30 hours per week, not associate with felons, notify his Probation Officer if he is stopped or questioned by police, and pay his debt to society. The defendant personally apologized for becoming involved in the incident that brought him to federal court.

Assistant United States Attorney Ross E. Lenhardt, a federal prosecutor in the Violent Crime section of the U.S. Attorney’s Office, prosecuted this case on behalf of the government.

United States Attorney Brady commended the Drug Enforcement Administration (DEA), the Washington County Drug Task Force, the Washington County Sheriff’s Office, the Pennsylvania Office of the Attorney General, the Pennsylvania State Police, the Washington County District Attorney’s Office, and numerous local police departments including the Canonsburg Police Department, the Stowe Township Police Department, the Donora Police Department, the Monessen Police Department, and the Charleroi Police Department, as well as the Washington County Coroner’s Office and the Allegheny County Medical Examiner’s Office, for the investigation leading to the successful prosecution of Adams.

PITTSBURGH – A former resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 12 months and one day in jail, to be followed by three years of supervised release on his convictions for conspiracy to possess with the intent to distribute heroin, as well as heroin and fentanyl, and possession with the intent to distribute and distribution of heroin and fentanyl, United States Attorney Scott W. Brady announced today.

On February 27, United States District Judge Nora Barry Fischer imposed the sentence on Antoine Johnson, aka Twezzy, age 31.

According to information presented to the court, on December 2, 2016, Antoine Johnson, as part of a conspiracy with co-defendants Kimn Booth, Erik McCoy and Maurice Boxley, sold a heroin and fentanyl mixture to an undercover FBI Task Force Officer.

Assistant United States Attorney Timothy M. Lanni prosecuted this case on behalf of the government.

The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to the guilty plea in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department, and Pennsylvania Attorney General’s Office.

PITTSBURGH – A former resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of trafficking cocaine, United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on February 20, named Johnny Lee Jones, 46, of Pittsburgh, Pennsylvania, as the sole defendant.

According to the indictment, on March 13, 2017, Jones knowingly, intentionally, and unlawfully possessed with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine, a Schedule II controlled substance.

The law provides for a maximum total sentence of not less than five years and up to 40 years imprisonment, a maximum fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation (FBI) and the Bethel Park Police Department conducted the investigation leading to the Indictment in this case.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

PITTSBURGH – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of assault of federal officers, United States Attorney Scott W. Brady announced today.

The two-count indictment, returned on February 27, named Leonard Rushin-Felder, 21, as the sole defendant.

According to the indictment, on or about May 2, 2017, Rushin-Felder forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with two Deputy United States Marshals who were engaged in the performance of their official duties in the Joseph F. Weis, Jr., United States Courthouse.

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

Assistant United States Attorneys Rachael L. Dizard and Eric G. Olshan are prosecuting this case on behalf of the government. The United States Marshals 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 – A former resident of New Castle, Pennsylvania, pleaded guilty in federal court to robbery charges, United States Attorney Scott W. Brady announced today.

Eric Barbati, age 32, pleaded guilty to four counts of Hobbs Act robbery and two counts of bank robbery before United States District Judge David Cercone.

In connection with the guilty plea, the court was advised that Eric Barbati robbed four convenience stores and two banks over a three-week period across Lawrence County, PA. Barbati committed the following convenience store robberies:

- August 26, 2017 – BFS Foods Convenience Store, New Castle, PA

- August 31, 2017 – Red Apple Convenience Store, New Castle, PA

- September 4, 2017 – Market 24 Convenience Store, New Castle, PA

- September 17, 2017 – Market 24 Convenience Store, New Castle, PA

In each robbery, Barbati approached the teller at the store while holding a Mountain Dew bottle. When the teller went to give Barbati change for his purchase, Barbati would forcefully take money from the drawer or the entire cash drawer and flee from the store.

Barbati also robbed the PNC Bank in Hermitage, PA on September 5, 2017 and the Huntington Bank in New Wilmington, PA on September 11, 2017. At the PNC Bank robbery, Barbati approached the teller and stated, "This is a robbery, place all your money on the counter," and then received approximately $2,702 in U.S. currency before fleeing the bank. At the Huntington Bank robbery, Barbati passed a note to the teller stating, "This is a robbery, put all your money on the counter," then received approximately $1,641 in U.S. currency before fleeing the bank.

Judge Cercone scheduled sentencing for July 23, 2018. The law provides for a maximum sentence of up to 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior record, if any, of the defendant.

Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation, the Hermitage Police Department, the New Wilmington Borough Police Department, the New Castle Police Department, and the Neshannock Township Police Department conducted the investigation leading to the guilty plea in this case.

PITTSBURGH – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.

The four-count indictment, returned on January 16 and unsealed yesterday, named Tohn Robinson, aka "Tizzy," age 36, of Pittsburgh, Pennsylvania, as the sole defendant.

According to the indictment, on August 22, 2016 and again on August 23, 2016, Robinson distributed and possessed with intent to distribute fentanyl, a Schedule II controlled substance, resulting in serious bodily injury to the users of the fentanyl. In addition, on August 29, 2016, Robinson possessed with intent to distribute quantities of fentanyl and heroin. Further, the indictment charges that on or about April 3, 2016, Robinson, a convicted felon, was in possession of a firearm and ammunition. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm or ammunition.

For the drug distribution resulting in serious bodily injury, the law provides for a maximum total sentence of not less than 20 years and up to life in prison, a fine of $1,000,000, or both. For the firearms offense, 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 would be based upon the seriousness of the offenses and the prior criminal history of the defendant.

Assistant United States Attorney Caitlin A. Loughran is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation, Penn Hills Police Department and the Monroeville Police Department conducted the investigation leading to the indictment in this case.

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

ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to 60 months in jail and ordered to pay $62,653.00 in restitution on his conviction of conspiracy to defraud the government with respect to claims and aggravated identify theft, United States Attorney Scott W. Brady announced today. The 60 month sentence is consecutive to Johnson’s 120 month sentence he received on October 8, 2013 for a federal firearm conviction.

United States District Judge David S. Cercone imposed the sentence on James Lamont Johnson, 52.

According to information presented to the court, Johnson engaged in a conspiracy to defraud the United States by submitting false claims for income tax refunds using individuals’ identification information which was unlawfully obtained. Johnson stole the identities of 56 individuals who were clients of the Community of Caring, a non-profit social service agency in Erie, where he had access to the clients’ personal identification information. Johnson utilized TurboTax and filed approximately 71 tax returns, seeking refunds from the IRS of more than $100,000.00. Johnson and his co-conspirator inputted the stolen identity information and used wage information from W-2 forms taken from actual employees of local businesses to perpetrate the fraudulent tax refund scheme. The scheme to defraud successfully obtained more than $60,000.00 in tax refunds. The refunds came in the form of prepaid debit cards and U.S. Treasury checks, which were mailed to addresses where Johnson could access the mail and retrieve the refunds.

Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.

United States Attorney Brady commended the Internal Revenue Service, Criminal Investigation for the investigation leading to the successful prosecution of Johnson.

ERIE, Pa. - A former resident of Mexico has been sentenced in federal court to 180 months in jail on his conviction of violating federal drug laws, United States Attorney Scott W. Brady announced today.

United States District Judge David S. Cercone imposed the sentence on Ignacio Montes Leon, 37.

According to information presented to the court, from June 2013 through February 2015, Leon engaged in a conspiracy with 18 co-defendants to distribute and possess with intent to distribute between 50 and 150 kilograms of cocaine, and more than 100 grams of 99% pure methamphetamine. According to information provided to the court, Montes Leon was the local leader of a drug trafficking organization involved in importing cocaine and methamphetamine from Mexico into Texas, which was then transported to Erie, Pennsylvania and elsewhere in hidden compartments in vehicles. Montes Leon was responsible for coordinating the drug shipments with higher-level conspirators in Texas, was directly selling pure methamphetamine to individuals in Erie on multiple occasions, and was responsible for distributing multi-kilogram quantities of cocaine at a time to his co-conspirators. In December 2013, law enforcement officers seized four kilograms of cocaine in Erie, Pennsylvania connected to Montes Leon. According to information provided to the Court, on November 1, 2014, after Montes Leon traveled to Texas to coordinate another drug shipment, two of his drug couriers were transporting the cocaine when they were stopped by the Arkansas State Police while traveling east near milepost 253 on Interstate 40. Montes Leon arranged for those couriers to travel to the Houston, Texas area to pick up a load of cocaine destined for delivery to Erie and elsewhere. The Court was further advised that a search warrant was executed on the vehicle and that individually wrapped packages of cocaine were located in a hidden compartment in the vehicle. The packages were discovered to contain more than five kilograms of cocaine. Montes Leon then fled into Mexico. Law enforcement officers located Montes Leon in Mexico, and he was arrested and extradited back into the United States to face prosecution in Erie.

Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.

United States Attorney Brady commended the U.S. Immigration and Customs Enforcement/Homeland Security Investigations; the Drug Enforcement Administration; the Pennsylvania State Police; U.S. Border Patrol; the Internal Revenue Service, Criminal Investigation; the Pennsylvania Office of Attorney General Organized Crime Section; the U.S. Postal Inspection Service; the U.S. Marshals Service; the Bureau of Alcohol Tobacco Firearms and Explosives; and the Arkansas State Police for the investigation leading to the successful prosecution of Leon.

PITTSBURGH – A resident of Pittsburgh pleaded guilty in federal court to charges of passing and uttering counterfeit money, United States Attorney Scott W. Brady announced today.

Peter A. Maiolo, Jr., 42, of Pittsburgh, PA pleaded guilty to three counts before United States District Judge Cathy Bissoon

In connection with the guilty plea, the court was advised that on or about July 6, 2015, July 10, 2015, August 2, 2015, August 18, 2015, August 22, 2015, August 25, 2015, August 30, 2015, and September 7, 2015, Maiolo passed counterfeit $100 Federal Reserve Notes at Target in the Western District of Pennsylvania.

Judge Bissoon scheduled sentencing for June 6, 2018 at 10 a.m. The law provides for a maximum total sentence of 60 years in prison, a fine of $750,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants

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

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

PITTSBURGH – A former resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to federal narcotics and firearms charges and was then sentenced, United States Attorney Scott W. Brady announced today.

Ismael Felix, age 41, pleaded guilty to one count of possession with intent to distribute heroin and one count of possession of a firearm by a convicted felon before United States District Judge David Cercone. Shortly after Judge Cercone accepted Felix’s plea, he also sentenced him to a term of imprisonment of 76 months and a term of supervised release of six years.

In connection with the guilty plea, the court was advised that on August 8, 2017, FBI Special Agents and Task Force Officers executed a search warrant at Felix’s apartment in Pittsburgh. While inside, agents discovered Felix in his living room with approximately 12 bricks of heroin and a loaded firearm. Felix subsequently confessed to possessing the heroin as well as to being a heroin trafficker. FBI Agents also seized over $80,000 in cash from Felix’s apartment and his home. In connection with his guilty plea and sentence, Felix agreed to forfeit the cash and the firearm.

Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation – Western District of Pennsylvania Opioid Task Force conducted the investigation leading to guilty plea in this case. This Task Force is comprised of FBI Special Agents and state and local Task Force Officers, including officers from the Pittsburgh Bureau of Police, Allegheny County Sherriff’s Department, Allegheny County Police, Port Authority Police, Munhall Police Department, West Mifflin Police Department, and Pennsylvania Attorney General’s Office.

PITTSBURGH - A Pennsylvania resident pleaded guilty in federal court to charges of wire fraud and damaging a computer, United States Attorney Scott W. Brady announced today.

William Simon Sullivan, Jr., 44, of Harrisburg, Pennsylvania, pleaded guilty to two counts before United States District Judge Cathy Bissoon.

In connection with the guilty plea, the court was advised that Sullivan worked as a consultant for Triangle Benefits Services, Inc. (TBS), a Pennsylvania corporation that provides clients with various financial services including payroll and tax escrow processing services. From January 12, 2013, and continuing to January 24, 2014, Sullivan executed a scheme to defraud TBS and its clients. Using his position as a consultant to TBS and his remote access to TBS’s computer network, Sullivan fraudulently altered TBS’s daily computer files and caused over $374,000 to be transferred via wire transfers from bank accounts of TBS and its clients to Sullivan’s personal bank accounts, without the knowledge, approval or authorization of TBS or its clients.

Judge Bissoon scheduled sentencing for June 6, 2018. 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 offenses and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Charles A. Eberle is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation conducted the investigation that led to the prosecution of William Simon Sullivan, Jr.

PITTSBURGH – A Westmoreland County resident has been sentenced in federal court on her conviction of mail fraud, United States Attorney Scott W. Brady announced today.

United States District Judge Cathy Bissoon imposed the sentence on Charlene D. Moff, 60, of New Derry, PA. Moff received a sentence of two years probation and was ordered to pay approximately $30,169.56 in restitution.

According to information presented to the court, from September 2013 to March 2016, Moff fraudulently ordered merchandise from Victoria’s Secret using her or her husband’s online account. After the items were delivered, she would call customer service and falsely represent one of the following: that she did not receive the shipment of merchandise, the shipment was missing certain items, or some of the merchandise was incorrect or damaged. She would then receive a credit to her account or a re-shipment of merchandise.

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

United States Attorney Brady commended the United States Postal Inspection Service for the investigation leading to the successful prosecution of Moff.

PITTSBURGH - A resident of Monessen, Pennsylvania, has been sentenced in federal court to 96 months in prison on his conviction of violating federal drug laws, United States Attorney Scott W. Brady announced today.

Chief United States District Judge Joy Flowers Conti imposed the sentence yesterday on Jalen Cameron Madison, age 24.

In connection with the guilty plea, the court was advised that from 2013 until October 26, 2016, Madison knowingly, intentionally and unlawfully conspired with persons, both known and unknown to the United States Attorney, to distribute and possess with intent to distribute a quantity of a mixture and substance containing a detectable amount of fentanyl and heroin. In addition, Madison admitted that the drugs he sold caused the August 22, 2015 death of victim John Brooks Watkins.

Judge Conti called the defendant’s actions in selling heroin and fentanyl "playing with death" and ordered that Madison be supervised by federal Probation Officers for four years after his release from the 96-month period of imprisonment.

Assistant United States Attorney Ross E. Lenhardt, a federal prosecutor in the Violent Crime section of the U.S. Attorney’s Office, prosecuted this case on behalf of the government.

United States Attorney Brady commended the Drug Enforcement Administration (DEA), the Washington County Drug Task Force, the Pennsylvania Office of the Attorney General, the Pennsylvania State Police, the Washington County District Attorney’s Office, and numerous local police departments including the Canonsburg Police Department, the Donora Police Department, the Monessen Police Department, and the Charleroi Police Department, as well as the Washington County Coroner’s Office, and the Allegheny County Medical Examiner’s Office, for the investigation leading to the successful prosecution of Madison.

PITTSBURGH - A Lawrence County resident pleaded guilty in federal court to a charge of travel with intent to engage in illicit sexual conduct, United States Attorney Scott W. Brady announced today.

Bradley Richard Moore, 44, of New Castle, Pennsylvania, pleaded guilty before United States District Judge Arthur J. Schwab.

In connection with the guilty plea, the court was advised that Moore posted an ad on Craigslist seeking to "participate in real incest." A Special Agent of the Office of the Pennsylvania Attorney General working in an undercover capacity posed as an adult male and responded to this advertisement. During communications with the advertisement’s poster, the undercover agent stated that he was a father of a 12-year-old boy who would be open to a sexual relationship with the poster. On October 14, 2017, Moore knowingly traveled from Ohio to Cranberry, Twp., Pennsylvania, for the purpose of engaging in illicit sexual conduct with the child.

United States District Judge Schwab scheduled sentencing June 13, 2018, at 9 a.m. The law provides for a maximum total sentence of 30 years imprisonment, a fine of $250,000.00, a term of lifetime supervised release, or any or all. 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 Jessica Lieber Smolar is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and Office of the Pennsylvania Attorney General conducted the investigation that led to the prosecution of Moore.

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

PITTSBURGH - A Western Pennsylvania resident has been sentenced in federal court to 62 months imprisonment, which includes 20 months already served, and five years supervised release, on his convictions for attempted robbery and brandishing a firearm during a crime of violence, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence yesterday on Raymond Denson, 38, of Trafford, Pennsylvania.

According to information presented to the court, on April 27, 2016, Denson and his codefendants, David Lipinski and Anthony Bailey, attempted to rob a van making a delivery of pharmaceutical drugs to the Giant Eagle in Gibsonia. Denson was the getaway driver. A firearm was brandished by Lipinski while he and Bailey tried unsuccessfully to force the driver back into the van. Denson and the others then aborted the robbery attempt.

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

United States Attorney Brady commended the Bureau of Alcohol, Firearms, Tobacco ahd Explosives and the Northern Regional Police Department for the investigation leading to the conviction of Denson. The case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. The efforts of PSN led to the successful prosecution of Denson.

WASHINGTON – Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history.   The cases involve more than two hundred and fifty defendants from around the globe who victimized more than a million Americans, most of whom were elderly.  The cases include criminal, civil, and forfeiture actions across more than 50 federal districts.  Of the defendants, 200 were charged criminally.  In each case, offenders engaged in financial schemes that targeted or largely affected seniors.  In total, the charged elder fraud schemes caused losses of more than half a billion dollars.  The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.

Attorney General Sessions was joined in the announcement by FBI Acting Deputy Director David Bowdich; Chief Postal Inspector Guy Cottrell; FTC Acting Chairman Maureen Ohlhausen; and Kansas Attorney General and President of the National Association of Attorneys General Derek Schmidt.

“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions.  “Today’s actions send a clear message:  we will hold perpetrators of elder fraud schemes accountable wherever they are.  When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains.  Today is only the beginning.  I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”

The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians.  A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim.  The schemes charged in these cases caused losses to more than a million victims.

“Winners. That’s what so many of the people who received these solicitations in the mail thought they were. But they’re not. They are victims of scams that Postal Inspectors have seen and investigated for decades. In fact, some of the same operators we encountered 20 years ago are back. But so are we. Yesterday, Postal Inspectors around the country executed search warrants on 14 locations that some of these same operators used to run their scams. We’re letting the American public know – and especially our vulnerable older Americans – that Postal Inspectors are working hard to protect them and ensure their confidence in the U.S. Mail,” said Chief Postal Inspector Cottrell.

“Over the last year, the FBI has initiated more than 200 financial crimes cases involving elderly victims who were devastated financially, emotionally, mentally and physically. Picking up the pieces of these fraud schemes can be equally as traumatizing for the caregivers of these elderly victims,” said Acting Deputy Director Bowdich.  “The FBI reminds seniors and their caregivers to be vigilant. If any person believes they are the victim of, or have knowledge of fraud involving an elderly person, regardless of the loss amount, they should report it to the FBI.”

United States Attorney Scott W. Brady of the Western District of Pennsylvania added, “Financial exploitation of the elderly often has devastating effects, including depleted life savings, lost homes and personal emotional harm, for people who worked hard and played by the rules all of their lives.  In many cases, the fraud is perpetrated by someone the senior knows and trusts.  If you suspect you may be the target or victim of a financial scam, please contact law enforcement right away.  We are committed to doing everything in our power to keep seniors in Western Pennsylvania safe from criminals who would exploit them, and will investigate and prosecute them to the fullest extent of the law.”

U.S. Attorney Brady pointed to two recent prosecutions in which individuals in Western Pennsylvania who targeted seniors were held accountable for their actions.

In October, Keith A. Bassi pleaded guilty to three counts of mail.   Beginning in 2013, Bassi, a licensed attorney, misappropriated for personal use approximately $505,000.00 in funds belonging to the estate of an elderly person diagnosed with dementia.  Bassi held a power of attorney for the victim, and then engaged in a series of financial transactions in which he diverted the victim’s assets into bank accounts he created and controlled.  In one instance, Bassi made insurance premium payments using the victim’s funds on a whole life policy purchased in the name of someone other than the victim, and then later cancelled the policy and kept the surrendered cash proceeds for himself. He also used the victim’s estate funds to operate a publishing company he owned.  Sentencing is scheduled for March 14, 2018. 

In January, John F. Hogan was sentenced to 10 years in prison followed by three years of supervised release on his conviction of mail fraud.  Hogan, formerly a licensed insurance agent in Swissvale, Pennsylvania, defrauded clients out of approximately $8.2 million dollars in a Ponzi scheme.  He persuaded his clients to invest in an illusory ‘Promissory Note’ investment program in which Hogan promised to invest their funds and earn sizeable interest rate returns for his clients.  Instead, Hogan used the funds to maintain real estate holdings and office expenses. Victims of Hogan’s fraud testified that they were advised by Hogan to open whole life insurance policies, and then to borrow money against cash values to invest with him.

Actions against the Mass-mailing Fraud Industry

As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals.  In addition, law enforcement agents executed 14 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police in Canada, who executed over 20 warrants, including search warrants on business premises.

“The defendants targeted elderly and vulnerable consumers both in the United States and abroad, using U.S. addresses and the U.S. mails to try to legitimize their fraudulent schemes,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue.  “They sold false promises of life-changing prizes that never came true.  We will pursue the perpetrators of these mail schemes wherever they are located, and hold them accountable.”

These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars.  Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million.  Click here for map showing a transnational, single fraud scheme.

Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year.  Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments.  Click here for fact-sheet with cases on mass-mailing fraud.

Actions against other elder fraud schemes

Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases.  Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year.  Some examples of the elder financial exploitation prosecuted by the Department include:

• “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
• “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
• “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
• “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
• “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.

Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust.  The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.

Public Education

             The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.

Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them.

Coordination with state officials

Kansas Attorney General Schmidt highlighted the cases filed by state Attorneys General targeting elder frauds within in the sweep period, and he emphasized efforts at the state level to combat elder abuse and protect seniors from fraud and exploitation.  He encouraged all of the state Attorneys General to devote enforcement and public education resources to preventing financial exploitation of senior citizens.

Coordination with foreign law enforcement

Exceptional assistance from foreign law enforcement partners amplified the effectiveness of the Department’s initiative.  The sweep announced today benefited greatly from the work of the International Mass-Marketing Fraud Working Group (IMMFWG), a network of civil and criminal law enforcement agencies from Australia, Belgium, Canada, Europol, the Netherlands, Nigeria, Norway, Spain, the United Kingdom and the United States.  The IMMFWG is co-chaired by the U.S. Department of Justice and FTC, and law enforcement in the United Kingdom, and serves as a model for international cooperation against specific threats that endanger the financial well-being of each member country’s residents.  Attorney General Sessions expressed gratitude for the outstanding efforts of the working group, including law enforcement action taken as part of the sweep by the Vancouver Police Department in Canada to halt mass mailing schemes that defrauded hundreds of thousands of elderly victims worldwide.

Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.  The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov. 

 

PITTSBURGH – A resident of Pittsburgh, Pa., and a resident of Louisville, Ky., were indicted by a federal grand jury in Pittsburgh on a charge of conspiracy, United States Attorney Scott W. Brady announced today.

The indictment, returned on February 21, named William J. Hughes, 70, of Pittsburgh, Pa., and Dr. Varanise C. Booker, 62, of Louisville, Ky.

According to the indictment presented to the court, Universal Oral Fluid Labs (UOFL) was a clinical drug testing and drug screening lab located in Greensburg, Pa. William J. Hughes was the owner and operator of UOFL. Dr. Varanise C. Booker was a Kentucky licensed physician in the area of psychiatry, who owned and operated Family and Children Behavioral Health Services, in Louisville, Ky.

Both Dr. Booker and UOFL were enrolled providers in the Medicare program and the Kentucky Medicaid program. As a condition of becoming a Medicare and/or Medicaid provider and being authorized to bill Medicare and/or Medicaid, Dr. Booker and UOFL were required to certify on their enrollment applications, Medicare Form 885B, that they would comply with all applicable federal and state laws, regulations, policies, procedures, and program requirements.

UOFL billed, and was paid by, Medicare and KentuckyMedicaid for performing drug tests and related services for Medicare and Medicaid beneficiaries who were referred to UOFL by physicians enrolled in the program, including Dr. Booker. UOFL also billed, and was paid by, various private health care insurance companies in the business of providing health care insurance to individuals and entities under various insurance policies, pursuant to which the private insurers paid UOFL for drug tests and related services performed for insureds who had been referred to UOFL by physicians.

From in or around October, 2011, and continuing thereafter until at least August, 2013, Dr. Booker conspired with Mr. Hughes and others to commit offenses against the United States, that is, to solicit and receive remuneration, directly and indirectly, overtly and covertly, in cash and in kind, namely kickbacks, from Mr. Hughes and UOFL in return for referring patients to UOFL for the furnishing and arranging for the furnishing of items and services, that is, the referral of patient lab work, for which payment was made in whole or in part under a federal health care program,

namely, Medicare and Medicaid, contrary to Title 42, United States Code, Section 1320a-7b(b)(1)(A).

Dr. Booker received cash payments from Mr. Hughes and UOFL in exchange for referring Medicare and Medicaid patients to UOFL. Likewise, Dr. Booker received monthly checks from Mr. Hughes/UOFL in exchange for referrals, including Medicare and Medicaid referrals. Mr. Hughes and Dr. Booker also agreed on the value of the "kickbacks" that Mr. Hughes/UOFL would pay Dr. Booker for each referral of lab work sent to UOFL by Dr. Booker. Specifically, the monthly "kickback" checks Mr. Hughes paid to Dr. Booker were paid pursuant to the terms of a "Joint Venture Agreement" that Dr. Booker entered into with Mr. Hughes/UOFL. Under this "Joint Venture Agreement," Dr. Booker referred her patients, including Medicare and Medicaid beneficiaries, to UOFL for saliva drug testing. Mr. Hughes/UOFL, in turn, billed third-party payors, including Medicare and Medicaid, for such tests, and then "kicked back" to Dr. Booker, for each referred patient, reimbursement amounts for the tests that exceeded the agreed upon threshold of $150.00. Dr. Booker received these "joint venture" payments from Mr. Hughes in exchange for the referrals Dr. Booker provided to UOFL, and not in exchange for the performance of any other services.

Between September, 2012 and August, 2013, Dr. Booker received $843,242.31 in "kickbacks" from Mr. Hughes/UOFL for referrals. UOFL then received millions of dollars from third party payors (including Medicare), based on Dr. Booker’s referrals.

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

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

The Federal Bureau of Investigation, Health and Human Services Office of Inspector General, Internal Revenue Service-Criminal Investigation, and the Pennsylvania Office of Attorney General Medicaid Fraud Control Section conducted this investigation.

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

PITTSBURGH – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on a charge of violating the federal firearms laws, United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on Feb. 20, named Iklas Richard Davis, 36, of Turtle Creek, Pennsylvania.

According to the indictment, on or about October 13, 2017, Davis, an individual with a prior felony conviction for theft by unlawful taking or disposition, did knowingly and unlawfully possess a Ruger .45 caliber American Pistol and ammunition. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.

For Davis’s offense, the law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.

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

The United States Secret Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the indictment in this case. This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

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

PITTSBURGH - A former resident of Allegheny County, Pennsylvania, has been sentenced in federal court to 156 months imprisonment, followed by a term of lifetime supervised release, on a charge of possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence on Robert Roy Hegner, age 67, of Sewickley, Pennsylvania.

According to information presented to the court, on August 25, 2016, Hegner possessed images and videos in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age. Hegner was previously convicted of Indecent Assault, Endangering the Welfare of a Child, Corruption of Minors and Sexual Abuse of Children (F3) in a 1999 case and at the time of this offense was a Megan’s Law Offender.

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

U.S. Attorney Scott W. Brady commended the Federal Bureau of Investigation, the Allegheny County District Attorney Investigations Unit, and the Allegheny County Police Department for conducting the investigation leading to the successful prosecution of Hegner.

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 Texas resident has been indicted by a federal grand jury in Pittsburgh on charges of conspiracy to commit bank fraud, bank fraud, and aggravated identity theft, United States Attorney Scott W. Brady announced today.

The three-count indictment named Nicu Sorin Pantelica, age 28, of Houston, Texas.

According to the indictment, Pantelica, a native of Romania, participated in a conspiracy in which he and his conspirators placed skimming devices, along with pinhole cameras, on several automated teller machines throughout the Pittsburgh area. The skimming devices collect the account information contained on the magnetic strips on automated teller machines cards. The pinhole cameras collect personal identification numbers used by customers using the automated teller machines. Pantelica and his conspirators manufactured cloned automated teller machine cards and used those cloned cards and the personal identification numbers to access and withdraw funds from accounts.

The law provides for a minimum sentence of two years in prison and a maximum total sentence of 62 years in prison, a fine of $2,250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

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

The United States Secret Service, with the assistance of the South Strabane Police Department, conducted the investigation leading to the indictment in this case.

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

PITTSBURGH - A resident in Beaver County, Pennsylvania, has been sentenced in federal court to two years’ probation on his conviction of willfully violating an OSHA regulation causing the death of an employee, United States Attorney Scott W. Brady announced today.

United States Magistrate Judge Cynthia R. Eddy imposed the sentence on Wayne A. George, d/b/a A Rooter Man of Pittsburgh, LLC.

According to the information presented to the court, George was a part owner of A Rooter Man, and was responsible for all of its trench work. Most of that trench work involved excavating, installing and repairing septic systems. OSHA requires employers to provide life-saving cave-in protection in most trenches more than five feet deep. George spent most of his working life as an excavator and was very familiar with those important safety and legal requirements.

The events leading to the death took place on September 28, 2015, at the Shelbourne Personal Care Home in Penn Township, Butler County. George was physically present, operating a backhoe and supervising the replacement of a terra cotta sewer line with PVC pipe. George dug a trench that was 11 feet deep and had a ladder in the trench that was used by his employees to climb in and out of the trench. The trench had no cave-in protection.

The victim, Jacob Casher, was a 21-year-old A Rooter Man employee, who was in the trench at the depth of approximately 11 feet below the surface when the trench collapsed. He was killed instantly.

As a result of its investigation, OSHA issued citations for two willful violations and several serious violations of construction industry safety standards. In response, George paid a penalty of $87,000.

Assistant United States Attorney Nelson P. Cohen prosecuted this case on behalf of the government.

U.S. Attorney Brady commended the U.S. Department of Labor’s Occupational Safety and Health Administration and the Office of the Regional Solicitor for the investigation leading to the successful prosecution of Wayne A. George.

 

PITTSBURGH - A local woman has been sentenced in federal court to three years probation on her conviction of health care fraud and conspiracy to distribute Oxycodone and Oxymorphone, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence yesterday on Angela Vernon, 66, of Pittsburgh, Pennsylvania.

According to information presented to the court, Vernon was part of a group of individuals involved in a large-scale health care fraud and pill distribution network. As part of the criminal enterprise, Vernon and others obtained powerful and addictive prescription pain medication through physicians under the false pretense that they intended to use that medication themselves. In fact, they intended to sell the medication to individuals addicted to those medications. Additionally, medication was often paid for through taxpayer-funded health care insurance programs. Thus, the taxpayers ended paying much of the prescription medications that these conspirators sold.

Assistant United States Attorney Brendan T. Conway is prosecuting these cases on behalf of the government.

United States Attorney Brady commended the Federal Bureau of Investigation and the Drug Enforcement Administration for the investigation leading to the successful prosecution of these defendants.

PITTSBURGH - An Ohio resident pleaded guilty in federal court to a charge of willfully injuring or committing depredation against any property of the United States, United States Attorney Scott W. Brady announced today.

Thomas Ross, age 49, formerly of New Waterford, Ohio, pleaded guilty to one count before Chief United States District Judge Joy Flowers Conti.

In connection with the guilty plea, the court was advised that on July 26, 2016, Ross drove his vehicle, a large dump truck, through the gate of the FBI Pittsburgh Field Office, located at 3311 East Carson Street, in Pittsburgh. Ross proceeded to ram through the security barriers at a high rate of speed, inflicting extensive damage on the gate and security barriers and causing the vehicle to become airborne. Upon hitting the ground, the vehicle struck a nearby light post in the interior parking lot of the FBI Pittsburgh.

The court was advised that the total amount of loss attributable to Ross’s actions will be determined at sentencing. The government estimates that the cost to repair and replace the gate and security barriers struck by Ross’s vehicle was approximately $175,000, and that the cost to repair the light post was approximately $13,684. The government also advised the court that, while the gate and security barriers were being repaired, the FBI also hired additional security personnel at additional cost to the FBI.

Judge Conti scheduled sentencing for June 13, 2018. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Adam N. Hallowell is prosecuting this case on behalf of the government.

The Pittsburgh FBI and Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Thomas Ross.

PITTSBURGH – A resident of the Western District of Pennsylvania has been sentenced in federal court on his conviction of fraud conspiracy; mail fraud; wire fraud; conspiracy to commit money laundering; trafficking or using unauthorized access devices aggregating $1,000 or more (attempt); and possession of 15 or more access devices, United States Attorney Scott W. Brady announced today.

United States District Judge Cathy Bissoon imposed the sentence yesterday on Daniel K. Miller, 52, of McKeesport, Pennsylvania. Miller received a sentence of 33 months in prison, followed by three years supervised release, and was ordered to pay approximately $71,472 in restitution.

According to information presented to the court, Miller falsely represented to be employees of companies in order to arrange and cause the unauthorized purchases of merchandise, and thereafter directing its shipment to individuals (re-shippers) who would re-ship the merchandise to co-conspirators overseas or would sell the products online and transfer the proceeds to co-conspirators overseas. Miller also knowingly transported, transmitted, or transferred monetary instruments or funds from a place in the United States to a place outside the United States (Nigeria). On or about September 10, 2010, Miller attempted to traffic in and use an unauthorized credit card in the amount of $2,213.44. On or about September 17, 2010, Miller possessed 15 or more unauthorized credit cards.

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

United States Attorney Scott Brady commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Miller.

PITTSBURGH - A Georgia man has been sentenced in federal court to two years’ probation with six months’ home detention on his conviction of interstate transportation of a stolen vehicle, United States Attorney Scott W. Brady announced today.

United States District Judge David S. Cercone imposed the sentence on Tom Smith, 55, of Atlanta, Georgia.

According to information presented to the court, on or about July 1, 2015, Smith transported a stolen Range Rover Sport, valued at $74,000, from the Commonwealth of Pennsylvania across state lines into the State of West Virginia.

Prior to imposing sentence, Judge Cercone stated that the sentence satisfies all of the factors set forth under 18 U.S.C. § 3553.

Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.

United States Attorney Brady commended the Federal Bureau of Investigation, the Pennsylvania State Police and the Monroeville Police Department for the investigation leading to the successful prosecution of Smith.

PITTSBURGH – A Washington state resident has been sentenced in federal court to 24 months of imprisonment, followed by three years supervised release, and was ordered to pay approximately $846,819 in restitution on his conviction of embezzlement, United States Attorney Scott W. Brady announced today.

United States District Judge David Stewart Cercone, imposed the sentence on Ronald Larry Locy, 48, of Southeast Olympia, Washington.

According to information presented to the Court, at the time of the offense, Locy was the Senior Director of Claims for the UPMC Health Plan Claims Department. Over an eight-year period, Locy caused UPMC to pay two "ghost employees" of UPMC Health Plan, for work and bonuses to which those ghost employees were not entitled. The loss to UPMC Health Plan was approximately $846,819.

According to Judge Cercone, Locy’s scheme was sophisticated in that Locy falsified records and emails in order to conceal his ghost employee fraud.

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

PITTSBURGH – Tyrenzo Morton was sentenced to 42 months in federal prison for escape from federal custody following a prior federal sentence, United States Attorney Scott W. Brady announced today.

Morton, 32, of Pittsburgh, was sentenced by United States District Court Judge Nora Barry Fischer. Morton’s sentence also includes a term of three years of supervised release following the prison sentence. The sentence that Morton escaped from this time was for a prior escape from federal custody following prior sentences for the commission of felon in possession of firearm crimes, one of which was committed while on bond for the other.

Morton’s escapes were from Renewal, Inc., a community corrections center located in Pittsburgh. Morton was serving the last parts of his prior federal prison sentences at Renewal when he escaped this time and last time. In conjunction with Morton’s sentencing for his most recent escape, the Court was informed by the prosecution that, while residing at Renewal, Morton engaged in threatening and aggressive behavior toward a female Renewal employee and was engaged in drug dealing.

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

The United States Marshals Service and the Pittsburgh Bureau of Police conducted the investigation leading to the conviction and sentence in this case.