Western District of Pennsylvania

ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of conspiracy to defraud the United States, United States Attorney Scott W. Brady announced today.

John L. McDowell, 68, pleaded guilty on Wednesday to one count before United States District Judge David S. Cercone.

In connection with the guilty plea, the court was advised that McDowell’s three co-defendants were engaged in food stamp fraud primarily involving exchanging food stamps for cash. John McDowell was enlisted to submit a fraudulent application for a food stamp license so that the food stamp terminals in use at the convenience stores owned and operated by two of the co-defendants would not be in their names. The defendants then used the food stamp terminals at locations where they were not authorized.

Judge Cercone scheduled sentencing for May 21, 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, if any, of the defendant.

Pending sentencing, the court continue McDowell on bond.

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

The United States Department of Agriculture, Office of Inspector General, the Erie Police Department, the Department of Homeland Security Investigations and the Internal Revenue Service, Criminal Investigation, conducted the investigation that led to the prosecution of McDowell.

PITTSBURGH - A resident of Clairton, Pennsylvania, pleaded guilty yesterday in federal court to conspiring to distribute narcotics, United States Attorney Scott W. Brady announced today.

Samuel Lopresti, 56, pleaded guilty to one count of conspiracy, between March and August 2017, to distribute cocaine. In connection with the guilty plea, the court was advised that Lopresti was responsible for the distribution of between 400 and 500 grams of cocaine, which he purchased from his codefendant, Skyler Carter, in the Clairton, Pennsylvania area. He is the third of 21 defendants charged in the conspiracy to enter a plea of guilty.

Judge Arthur J. Schwab scheduled sentencing for July 11, 2018 at 9:00 a.m. The law provides for a maximum sentence of 20 years in prison, a fine of not more than $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed will depend upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Lopresti remains on bond pending the sentencing hearing.

The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.

PITTSBURGH - A resident of Pittsburgh, Pa., has been indicted by a federal grand jury in Pittsburgh on a charge of reentry of removed alien, United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on January 16, named Rene Hilerio-Ballina, 26, of Mexico, as the sole defendant.

According to the indictment, the defendant, was found in Pittsburgh, Pennsylvania on December 18, 2017, without having applied for or received permission to reenter the United States from the Secretary of the Department of Homeland Security.

The law provides for a maximum total sentence of two years in prison, one year supervised release, 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, if any, of the defendant.

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

The U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) Pittsburgh sub-office 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 Penn Hills, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms and narcotic laws, United States Attorney Scott W. Brady announced today.

The two-count superseding indictment, returned on January 16, named Denver Sangster, 41.

According to the superseding indictment, Sangster possessed four firearms in furtherance of a drug trafficking crime on March 30, 2016; specifically, in furtherance of the possession with intent to distribute cocaine, crack cocaine, and marijuana. The superseding indictment also charges Sangster with possession with intent to distribute 280 grams or more of crack cocaine and quantities of cocaine and marijuana.

For the count of possession of firearms in furtherance of drug trafficking, the law provides for a minimum sentence of not less than 5 years and a maximum of life in prison, a fine of $250,000, or both. For the separate count of possession with intent to distribute controlled substances, the law provides for a maximum total sentence of not less than 10 years and up to life prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

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 a 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, the Drug Enforcement Administration, and the Pittsburgh Bureau of Police conducted the investigation leading to the indictment in this case. Assistant United States Attorneys Adam N. Hallowell and Katherine A. King are prosecuting this case on behalf of the government.

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

PITTSBURGH - A resident of McKeesport, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on three charges of coercion and enticement of a minor to engage in illegal sexual activity, three charges of production of material depicting the sexual exploitation of a minor, and one charge of possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.

The seven-count indictment, returned on January 16, named Scott Joseph Payne, 31, as the sole defendant.

According to the indictment, from April 9, 2017 through April 10, 2017, and in two separate incidents on June 10, 2017, Payne persuaded, induced, and coerced individuals who had not attained the age of 18 years to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. The indictment further charges that on June 19, 2017, Payne unlawfully possessed photographs and videos in computer graphics files which depicted minors engaged in sexually explicit conduct.

The law provides for a maximum total sentence of 90 years in prison, a fine of $1,750,000.00, 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 Carolyn J. Bloch is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and the Bloomfield, New Jersey 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 of Pittsburgh, Pennsylvania, 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 January 16, named Kedren Broadus, 34, of Pittsburgh, Pennsylvania.

According to the indictment, on or about November 13, 2017, Broadus, an individual with a prior felony conviction for Possession with Intent to Distribute Cocaine Base, did knowingly and unlawfully possess a .40 caliber Glock 23 handgun 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 Broadus’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 Pittsburgh Bureau of Police and the Federal 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 resident of Pittsburgh, Pennsylvania pleaded guilty in federal court to one count of conspiracy to distribute oxycodone and oxymorphone, one count of health care fraud, and one count of perjury, United States Attorney Scott W. Brady announced today.

Jeremiah Davidson, age 61, of Pittsburgh, Pennsylvania pleaded guilty to a one-count information and two counts of a Superseding Indictment before United States District Judge Mark R. Hornak.

In connection with the guilty plea, the court was advised that Davidson obtained opioid prescription pain medication through physicians, often paid by taxpayer funded insurance programs, and sold the medication to a conspirator for later distribution to addicts. He arranged for the taxpayer funded insurance programs to pay for the pills by representing that he intended to use the medication for his own medical care when, in fact, he intended to sell the medication.

While on bond pending his guilty plea, the Pittsburgh Police arrested the defendant after observing him selling pain medication to a known pill distributor. During a hearing on the government’s motion to revoke the defendant’s bond, the defendant testified under oath that he did not receive money for selling his pain medication, that he had paid cash for the medication, that the medication had not been paid for through insurance, and that he had notified an agent with the Federal Bureau of Investigation of his arrest within 24 hours. All of that testimony was false and provided the basis for the perjury charge to which Davidson pleaded guilty.

Judge Hornak scheduled sentencing for May 9, 2018. The law provides for a total sentence of 35 years in prison, a fine of not more than $1,500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history of the defendant.

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

The Federal Bureau of Investigation and the Drug Enforcement Administration conducted the investigation that led to the prosecution of Davidson.

PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to five years’ incarceration, followed by four years of supervised release, on his conviction of violating the federal drug laws, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence on Carlos M. White, Jr., age 29, of Pittsburgh, Pennsylvania.

According to information presented to the court, from in and around December 2013, and continuing to in and around March 2014, in the Western District of Pennsylvania and elsewhere, White conspired with others to distribute and to possess with the intent to distribute more than 100 grams, but less than 400 grams, of heroin. Also, on May 22, 2014, White possessed with intent to distribute 100 grams or more of heroin.

Assistant United States Attorneys Troy Rivetti and Tonya Sulia Goodman prosecuted this case on behalf of the government.

United States Attorney Brady commended the Federal Bureau of Investigation, the FBI Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Police Department for the investigation leading to the successful prosecution of Carlos M. White, Jr.

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

PITTSBURGH - A former resident of West Virginia has been sentenced in federal court to 216 months imprisonment, followed by six years of supervised release on charges of conspiracy to commit robbery of a pharmacy, robbery of a pharmacy, brandishment of a firearm in relation to a crime of violence, and possession with the intent to distribute Schedule II controlled substances, United States Attorney Scott W. Brady announced today.

Senior United States District Judge Donetta W. Ambrose imposed the sentence on Dana Lee Shipley, age 53, formerly of Fairmont, West Virginia.

According to information presented to the court, on March 11, 2016, Palmer's Pharmacy located in Russellton, Pennsylvania, was robbed by two individuals armed with firearms and wearing masks. The suspects stole approximately 10,000 dosage units of prescription drugs, including Oxycodone and Fentanyl, with an estimated street value of approximately $235,000. As a result of their comprehensive and extensive investigation, the Drug Enforcement Administration (DEA) and West Deer Police Department developed a general description of at least one suspect.

Then on April 28, 2016, Keystone Pharmacy located in New Alexandria Boro, Pennsylvania, was robbed by two individuals wearing masks. One suspect had a gun and the other had pepper spray. The assailants placed employees on the ground and handcuffed them. Investigators determined that between 15,000 - 20,000 dosage units were stolen. Noting the similarities between both robberies, DEA then coordinated its investigation with that of the Pennsylvania State Police to identify and arrest the individuals in question. After locating and interviewing one suspect, agents secured a full confession. Immediately thereafter, the other suspect, Dana Shipley, was identified and arrested. When he was arrested, Shipley had a backpack containing a large amount of pills, money from the New Alexandria robbery and both masks. Shipley also had a .32 caliber firearm, that had been used in the commission of the crime, concealed in his pocket. Shipley has an extensive criminal history and had recently been released from prison after serving time for armed robbery.

Assistant United States Attorney Shanicka L. Kennedy prosecuted this case on behalf of the government. The Drug Enforcement Administration, the Pennsylvania State Police and the West Deer Township Police Department conducted the investigation leading to the prosecution of Shipley.

PITTSBURGH – A resident of Monroeville, Pennsylvania, has been sentenced to two years of probation, together with six months home detention, and restitution of $85,000.00 on his convictions of food stamp fraud and theft of government property, United States Attorney Scott W. Brady announced today.

United States District Judge David Stewart Cercone imposed the sentence on Atif Imran, age 40, of Monroeville, Pennsylvania.

According to the information presented to the court, Imran, through the A to Z Convenience Store and gasoline station located in Homestead, engaged in an illegal pattern of exchanging food stamp benefits for cash.

Assistant United States Attorney James R. Wilson prosecuted this case on behalf of the government.

The United States Attorney commended the Department of Agriculture, assisted by agents of the Department of Homeland Security, for the investigation that led to the successful prosecution of Atif Imran.

PITTSBURGH - A former resident of Allegheny County, Pennsylvania, has been sentenced in federal court to 15 years imprisonment to be served consecutively to any state sentence, followed by 20 years of Supervised Release, on a charge of Receipt of Material Depicting the Sexual Exploitation of a Minor, United States Attorney Scott W. Brady announced today.

United States District Judge Arthur J. Schwab imposed the sentence on Nicholas James Gaworski, age 26, of Clinton, Pennsylvania.

According to information presented to the court, in December 2016, Gaworski received videos and images containing material depicting the sexual exploitation of minors.

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

U.S. Attorney Brady commended the Federal Bureau of Investigation, and the Allegheny County Police Department, for conducting the investigation leading to the successful prosecution of Gaworski.

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

PITTSBURGH - A resident of Whitaker, Pennsylvania, has been sentenced in federal court to 126 months imprisonment followed by six years supervised release on his conviction of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.

Senior United States District Judge Donetta W. Ambrose imposed the sentence yesterday on Justin Thornton, 34, of Whitaker, Pennsylvania.

According to information presented to the court, on August 7 and 8, 2015, Thornton distributed and possessed with intent to distribute a quantity of acetylfentanyl and a quantity of fentanyl. Thornton agreed that the drugs he distributed resulted in the death of A. N. Additionally, on August 13, 2015, Thornton possessed with intent to distribute heroin, acetylfentanyl, fentanyl, crack cocaine, and cocaine.

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

United States Attorney Brady commended the Allegheny County Police Department, the West Mifflin Police Department, and the Allegheny County Medical Examiner’s Office for the investigation leading to the successful prosecution of Thornton.

PITTSBURGH - A resident of West Mifflin, Pennsylvania, has been sentenced in federal court to 78 months of incarceration on his conviction of conspiracy to commit bank fraud, wire fraud, and mail fraud, United States Attorney Scott W. Brady announced today.

Senior United States District Judge Donetta Ambrose imposed the sentence on James Nassida, IV, age 50, of West Mifflin, Pennsylvania.

According to information presented to the court, Nassida owned and operated a mortgage broker business called Century III Home Equity (Century III), which assisted borrowers in obtaining loans collateralized by real estate. At the time of the events at issue, which was between 2002 and 2008, Century III was one of the largest mortgage broker businesses in the Western District of Pennsylvania, and during the course of that timeframe brokered hundreds of millions of dollars worth of loans using more than a dozen different lenders. Many of those loans, however, involved one or more aspects of fraud.

Some of the aspect of the fraud included the following:

• Appraisals that fraudulently inflated the true value of the properties;
• Settlement statements that falsely reflected that the borrowers made substantial payments associated with the purchases of real estate;
• Settlement statements that failed to disclose secondary financing;
• Settlement statements that failed to include cash payments charged by Century III and paid by the borrowers;
• Settlement statements and closing documents that were backdated to reflect that the settlements had occurred on a date prior to the actual settlement date; and
• Various loan documents, including loan approval forms, good faith estimates, and underwriting transmittal forms, that failed to disclose secondary financing and falsely represented the combined loan to value ratio.
   

The fraud also involved misrepresentations to some of the borrowers to induce them to enter into the transactions, including concealing the fees Century III received from lenders for the borrowers’ transactions and the impact of those fees on the borrowers’ interest rates; and concealing the nature of the mortgage products, including that some of the mortgage products could negatively amortize. Lastly, the fraud also involved Nassida’s receipt of kickbacks from the settlement company that he failed to disclose to the borrowers and lenders, as required.

Nassida also submitted multiple fraudulent documents associated with loans in which he served as a loan officer, but also that the loan officers working under his direction regularly submitted false information to lenders and borrowers. In addition, Nassida caused the submission of fake documents to the lender in connection with his purchase of a $300,000 vacation home near Seven Springs, including the following: (1) a settlement statement that overstated the sales price; (2) a loan application that falsely stated his income and assets; and (3) fake statements from an investment company that falsely verified that he had more than $600,000 in investments when he really had about $15,000. In the loan application, James Nassida reported that he earned approximately $980,000 in 2006, but he did not even file his tax returns in 2006, and his reported taxable income in 2004 and 2005 was not even close to that figure.

"This case was a breeding ground for many of the other investigations led by the Western Pennsylvania Mortgage Fraud Task Force," said FBI Special Agent in Charge Robert Johnson. “Mortgage fraud cases are a priority for the FBI because mortgage lending and the housing market have such a significant effect on the overall economy. At the time of this case, James Nassida was living a fancy lifestyle, in a million dollar home, taking money from victims who put their trust in him. That is why today's sentencing is significant. Since the task force formation in February, 2008, more than 100 people were charged and more than a half billion dollars in fraudulent loans were uncovered," added SAC Johnson.

Assistant United States Attorneys Brendan T. Conway and Cindy Chung prosecuted this case on behalf of the government.

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

PITTSBURGH - Six residents of New York, were indicted by a federal grand jury in Pittsburgh and arrested on a charges of conspiracy to commit mail fraud, wire fraud, and bank fraud, United States Attorney Scott W. Brady announced today.

A one-count indictment, returned in December 2017, named Devan Abrams, 37, of New York, NY, Tamara Feldman, 29, of Brooklyn, NY, Azad Khizgilov, 43, of Staten Island, NY, and Roman Shaulov, age 50, of Brooklyn, NY. Separate one-count indictments named Philip Krasnikov, 31, of Brooklyn, NY and Svetlana Kapralova, 30, of Brooklyn, NY.

According to the indictments presented to the court, the conspirators were involved in a complex fraud that involved fraudulently processing credit card payments. The credit card companies will not allow their products and services to be used to pay for certain precluded activities, including the on-line sales of pharmaceutical drugs and of products violating trademark infringement laws. The defendants participated in the conspiracy designed to conceal from the credit card companies the fact they used their products and services to pay for precluded activities and to subvert the internal controls the credit card companies had in place to detect and prevent this type of activity. The fraud involved establishing shell corporations and web sites associated with the shell companies that falsely claimed that they sold products other than pharmaceutical drugs or products that violated trademark infringement laws. The conspirators then applied for merchant accounts from the credit card companies in the names of the shell corporations and the fake web sites. Once the merchant accounts were established, they were used to process payments for pharmaceutical drugs or products that violated trademark infringement laws. Additionally, the conspirators arranged for the credit card statements sent to the consumers to have the names of the shell corporations and telephone numbers. The conspirators set up a telephone bank to receive calls from customers questioning billings on their credit card statements, and the conspirators explained to the customers the true nature of the transactions in hopes of avoiding charge-backs that could cause the credit card companies to question the legitimacy of the transactions.

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 defendants.

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

The Food and Drug Administration – Office of Criminal Investigations, Homeland Security Investigations, Pennsylvania State Police and United States Postal Inspection Service conducted the investigation leading to the indictment in this case.

An indictment is an accusation. The defendants are presumed innocent unless and until proven guilty.

PITTSBURGH – Three Mon Valley men have been indicted by a federal grand jury in Pittsburgh and charged with violations of the federal narcotics laws, United States Attorney Scott W. Brady announced today.

The two-count indictment, returned on January 9, 2018, named the defendants as:

• Deaubre Lightfoot, age 27, formerly of Monessen, PA;
• Anthony Davis, age 38, of Donora, PA; and
• Brandon Thomas, age 38, formerly of Donora, PA.
   

According to the indictment, on or about December 13, 2017, Lightfoot possessed with intent to distribute 500 grams or more of cocaine. On the same date, Davis and Thomas are charged with possession with intent to distribute a quantity of cocaine.

The law provides for a maximum total sentence of not less than five years and not more than 40 years in prison, a fine of $5,000,000, or both, for Lightfoot. For Davis and Thomas, the law provides for a maximum total sentence of not more than 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. The Federal Bureau of Investigation 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 Indictment in this case.

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

PITTSBURGH – Erik David Lowry, a resident of McKeesport, Pennsylvania, has been sentenced in federal court to 30 months of incarceration on his conviction for illegal firearms possession, tampering with evidence, and tampering with a witness, United States Attorney Scott W. Brady announced today. Pittsburgh Tactical Firearms, the gun store owned and operated by Lowry, was also sentenced for illegally selling firearms, United States Attorney Brady announced.

Lowry, age 38, of McKeesport, PA, and Pittsburgh Tactical Firearms (originally incorporated as Renaissance Electric, LLC), were both sentenced on January 10, 2018 by United States District Judge Arthur J. Schwab.

According to information presented to the court, ATF Industry Operations (IO) employees perform standard inspections of all gun dealers to ensure that federal laws are being followed. Federal Firearms Licensee (FFL) inspections of this type reveal that the majority of gun dealers diligently ensure that firearms are sold to law-abiding citizens, thereby enhancing the safety of the public. A January 11 through 19, 2016, IO inspection of Pittsburgh Tactical Firearms (PTF), owned and operated by defendant Erik David Lowry, noted numerous significant and clear violations of law-- including 27 guns located in the store’s gun rack which Lowry called “cash and carry” and was willing to sell without completing any paperwork. ATF Special Agents followed up and that in-depth investigation determined that Lowry and PTF had been illegally selling and acquiring over 100 “cash and carry,” “cash out the door,” or “turn and burn” firearms “off books” at his store and through gun shows between 2014 and January 19, 2016. That is, neither Lowry nor PTF completed the required paperwork for either the acquisition or disposition of these firearms. The investigation also located firearms transactions that were made: without any required background checks being performed; to a prohibited person with a criminal record who was previously denied the ability to purchase a firearm by a background check at PTF; to a prohibited person with a prior mental health commitment (who was denied the ability to purchase a firearm by two other gun dealers who actually did perform the required background check); and by knowingly using false information on paperwork that had been completed. Some of these transactions involved military-style weapons and the ATF has expended significant resources attempting to locate and recover these illegally sold firearms.

Further, Lowry acquired a “destructive device,” specifically a Penn Arms Striker 12 military-style 12-gauge weapon with a drum magazine, not suitable for sporting purposes, and bearing serial number 11170, which, like a machinegun, silencer, grenade, rocket, or landmine must be specifically registered in the National Firearms Registration and Transfer Record, but was not. Lowry acquired it in the summer of 2015 and disguised that fact until it was located by the ATF on January 19, 2016. As the investigation proceeded, Lowry attempted to conceal his actions by contacting multiple people to have them hide or destroy the unregistered Striker 12 by throwing it in a dumpster, in order to, he said, avoid federal prison.

As these attempts failed, Lowry contacted the previous Striker 12 owner and created a false story about the date, time and manner of the acquisition, which he and the prior owner both provided to ATF.

United States District Judge Schwab imposed a 30-month period of incarceration on Lowry, along with a $30,000 fine, and ordered that Lowry be supervised by the United States Probation Office for a period of three years after he is released from federal prison. The corporation’s conviction means that Pittsburgh Tactical Firearms is no longer legally permitted to possess or sell firearms and Judge Schwab ordered that Lowry notify the Court of the corporation’s dissolution as soon as that is complete.

Assistant United States Attorney Ross E. Lenhardt, a federal prosecutor with the Violent Crime Section of the Office of the United States Attorney, represented the federal government.

U.S. Attorney Scott W. Brady commended the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), including their Industry Operations investigators, and the Allegheny County Sheriff’s Office, for the investigation that led to the prosecution of Erik David Lowry and his gun store, Pittsburgh Tactical Firearms.

This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crimes.

PITTSBURGH - An illegal alien found in Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of illegal re-entry after deportation, United States Attorney Scott W. Brady announced today.

The one-count indictment, returned on January 9, named Pedro Omar Martinez-Alba, age 30, of Mexico, as the sole defendant.

According to the indictment presented to the court, Pedro Omar Martinez-Alba, an illegal alien, was formally removed from the United States by United States Immigration and Customs Enforcement on January 23, 2014 and November 24, 2015. Pedro Omar Martinez-Alba was found to be illegally present in Westmoreland County, on April 12, 2017.

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 Paul E. Hull is prosecuting this case on behalf of the government.

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

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

PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to three years of imprisonment on his convictions for Conspiracy to Commit Mail Fraud and Tax Fraud, United States Attorney Scott W. Brady announced today.

United States District Judge Mark R. Hornak imposed the sentence on Sean Brooks, age 28, who is currently incarcerated. Judge Hornak also ordered that Brooks pay $250,000 in restitution to the Internal Revenue Service, and that the three-year sentence run consecutively to the 12 to 24 year sentence Brooks is currently serving based on his conviction for involuntary manslaughter.

According to information presented to the court, Brooks, while incarcerated at various state prisons, engaged in a tax fraud scheme with other inmates and with other non-inmates. In summary, Brooks and other inmates filed tax returns on behalf of inmates and other individuals that falsely claimed tax refunds. The conspirators arranged for the Internal Revenue Service to send tax refund checks to addresses associated with members of the conspiracy who were not then incarcerated. The conspirators then forged the endorsements on the checks and deposited them into banks accounts. The conspirators then withdrew the funds associated with the fraudulently deposited refund checks and disbursed the money to members of the conspiracy. In total, the conspiracy involved the filing of hundreds of fraudulent tax returns and the issuance of hundreds of thousands of dollars of fraudulent refund checks.

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

United States Attorney Brady commended the Internal Revenue Service – Criminal Investigation, United States Postal Inspection Service and the Department of Homeland Security – Homeland Security Investigations, for the investigation leading to the successful prosecution of Brooks.

JOHNSTOWN, Pa. – A resident of Johnstown, Pa., was indicted by a federal grand jury in Johnstown on a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.

The indictment named Darryle D. Ford, 57, of Johnstown, Pa.

According to the indictment presented to the court, on July 12, 2017, Ford distributed less than 100 grams of heroin, and a quantity of fentanyl.

The law provides for a maximum sentence of 20 years in prison and 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 Stephanie L. Haines is prosecuting this case on behalf of the government.

The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Cambria County Drug Task Force, conducted the investigation that led to the prosecution of Ford.

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

JOHNSTOWN, Pa. – A resident of Johnstown, Pa., was indicted by a federal grand jury in Johnstown on a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.

The indictment named Moses Lee Cunningham, 52, of Johnstown, Pa.

According to the indictment presented to the court, on June 7, 2017, Cunningham distributed less than 500 grams of cocaine.

The law provides for a maximum sentence of 20 years in prison and 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 Stephanie L. Haines is prosecuting this case on behalf of the government.

The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Cambria County Drug Task Force, conducted the investigation that led to the prosecution of Cunningham.

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

JOHNSTOWN, Pa. – An inmate at the Federal Correctional Institution in Loretto, Pa., was indicted by a federal grand jury in Johnstown on a charge of possession of a prohibited object in prison, United States Attorney Scott W. Brady announced today.

The indictment named Alexander Rodriguez-Melendez, 30.

According to the indictment presented to the court, on May 12, 2017, Rodriguez-Melendez possessed a quantity of Buprenorphine.

The law provides for a maximum sentence of 20 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.

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

The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Federal Correctional Institution, Special Investigative Staff, conducted the investigation leading to the prosecution of Rodriguez-Melendez.

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

JOHNSTOWN, Pa. - A citizen of Mexico has been indicted by a federal grand jury in Johnstown on a charge of re-entry of an illegal alien, United States Attorney Scott W. Brady announced today.

The one-count indictment named Yovani Escalante-Escalante, 32, of Blair County, Pa.

According to the indictment presented to the court, on Oct. 12, 2017, Escalante-Escalante, an alien who had been deported from the United States on May 13, 2009 was found in Blair County, Pa. He had unlawfully reentered this Country without receiving permission to do so from the Secretary of the Department of Homeland Security.

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

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

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

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

PITTSBURGH – A resident of Brooklyn, New York, has pleaded guilty in federal court to a charge of conspiracy, United States Attorney Scott W. Brady announced today.

Renaldo D. Coleman, 31, of Brooklyn, NY, pleaded guilty to one count before United States District Judge Nora Barry Fischer.

In connection with the guilty plea, in June, 2016, Renaldo D. Coleman and conspirators used counterfeit credit cards at multiple stores in Western PA to purchase gift cards and merchandise which totaled approximately $91,000.

Judge Fischer scheduled the sentence for May 18, 2018 at 11 a.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both at each count. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.

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

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

JOHNSTOWN, Pa. – A resident of Allentown, Pa., was indicted by a federal grand jury in Johnstown on a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.

The indictment named Clayton D. Dudley, 30, of Allentown, Pa.

According to the indictment presented to the court, on May 30, 2017, Dudley distributed less than 100 grams of heroin.

The law provides for a maximum sentence of 20 years in prison and 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 Stephanie L. Haines is prosecuting this case on behalf of the government.

The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Cambria County Drug Task Force, conducted the investigation that led to the prosecution of Dudley.

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

PITTSBURGH - A resident of Uniontown, Pennsylvania, has been sentenced in federal court to 70 months’ incarceration, followed by four years of supervised release, on his conviction of violating the federal narcotic laws, United States Attorney Scott W. Brady announced today.

United States District Judge David S. Cercone imposed the sentence on Rodney Harris, 45, of Uniontown, Pennsylvania.

According to information presented to the court, from in and around January 2010, and continuing thereafter to in and around June 2015, Harris conspired with others to distribute and possess with intent to distribute more than five but less than 15 kilograms of cocaine, and more than one but less than three kilograms of heroin.

Assistant United States Attorneys Heidi M. Grogan and Troy Rivetti prosecuted this case on behalf of the government.

United States Attorney Brady commended the Federal Bureau of Investigation who led the multi-agency investigation of this case, which also included the Drug Enforcement Administration, the Fayette County Drug Task Force, the Pennsylvania Attorney General’s Office, the Pennsylvania State Police, and the United States Postal Inspection Service for the investigation leading to the successful prosecution of Harris.

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

PITTSBURGH – A former resident of Wappingers Falls, New York, who had been living in Ciudad de Tuxpan, Veracruz, Mexico, has been sentenced to 51 months imprisonment and three years supervised release on his conviction of fraud conspiracy and access device fraud, United States Attorney Scott W. Brady announced today.

United States District Judge David S. Cercone imposed the sentence on Nicolas Frank Sucich, aka Francisco Javier Alavarez-Johnson, age 48, of Ciudad de Tuxpan, Veracruz, Mexico.

According to the information presented to the court, between November, 2007 and February, 2011, Sucich conspired to defraud Liberty Travel and Scotiabank of nearly $10 million through the purchase of airline tickets and travel with an unauthorized Scotiabank Mastercard. Upon completion of his sentence, Sucich will be sentenced in Duchess County, New York,on related fraud charges.

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

The United States Attorney commended the U.S. Immigration Customs Enforcement, Homeland Security Investigations, for the investigation that led to the successful prosecution of Nicolas Frank Sucich.

PITTSBURGH - A Fayette County resident has been sentenced in federal court to 18 months’ incarceration, followed by 3 years of supervised release, on his conviction of violating the federal narcotic laws, United States Attorney Scott W. Brady announced today.

United States District Judge David S. Cercone imposed the sentence on Terrance Lewis, age 44, of Uniontown, Pennsylvania.

According to information presented to the court, from in and around January 2010, and continuing thereafter to in and around June 2015, Lewis conspired to distribute and possess with intent to distribute heroin.

Assistant United States Attorneys Heidi M. Grogan and Troy Rivetti prosecuted this case on behalf of the government.

United States Attorney Brady commended the Federal Bureau of Investigation who led the multi-agency investigation of this case, which also included the Drug Enforcement Administration, the Fayette County Drug Task Force, the Pennsylvania Attorney General’s Office, the Pennsylvania State Police, and the United States Postal Inspection Service for the investigation leading to the successful prosecution of Lewis.

The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.

PITTSBURGH -A Westmoreland County resident has been sentenced in federal court to four years of imprisonment and four years of supervised release on her conviction of conspiracy to distribute fentanyl, United States Attorney Scott W. Brady announced today.

United States District Judge David S. Cercone imposed the sentence on Autumn McClellan, age 31, of Jeanette, Pennsylvania.

According to information presented to the court, McClellan participated in a conspiracy to distribute fentanyl in which she and other members of the conspiracy sold substantial quantities of fentanyl to individuals addicted to that illegal substance.

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

United States Attorney Brady commended the Drug Enforcement Administration and the Penn Hills Police Department for the investigation leading to the successful prosecution of McClellan.

PITTSBURGH - A resident of Allegheny County, Pennsylvania pleaded guilty in federal court to drug dealing and illegal gun possession charges, United States Attorney Scott W. Brady announced today.

Nigel Macaya Broadus aka “Little Nige”, 21, of Wilkinsburg, PA pleaded guilty to all six counts of the indictment against him before United States District Judge Cathy M. Bissoon.

In connection with the guilty plea, the court was advised that Broadus sold heroin on April 30, 2015, May 4, 2015, and June 3, 2015. Broadus was in custody on other charges from September of 2015 through February of 2017. But then, starting in February of 2017, the defendant was involved in a drug conspiracy where others aided him in his drug activity, including running drugs for him, renting him cars, and obtaining guns for him. On April 25, 2017, Broadus was caught by law enforcement in possession of a loaded 9mm pistol purchased by his girlfriend, as well as heroin and fentanyl that he intended to sell. Federal law prohibited Broadus from possessing a firearm or ammunition due to his two separate August 30, 2016 convictions for Illegal Possession of a Firearm in Allegheny County.

Judge Bissoon scheduled sentencing for April 16, 2018 at 10 a.m. The law provides for a total sentence of up to 110 years in prison, a fine of up to $5,250,000, and at least three years of supervised release. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history of the defendant.

Pending sentencing, the court ordered that the defendant remain in the custody of the United States Marshal Service.

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

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation that led to the prosecution of Broadus with valuable assistance from the Pennsylvania Office of the Attorney General, the Monroeville Police Department and the Wilkinsburg Police Department.

PITTSBURGH – Two Allegheny County residents have been indicted by a federal grand jury in Pittsburgh and charged with violations of the federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.

The three-count indictment named Devon Robinson, age 29, and James Kadish, age 27, as defendants.

According to the indictment, on or about December 3, 2017, Robinson & Kadish possessed with the intent to distribute and distributed a quantity of fentanyl. Additionally, on or about December 4, 2017, Robinson is charged with possession with intent to distribute a quantity of fentanyl and possession of a firearm by a convicted felon. Federal law prohibits a convicted felon from possessing a firearm.

The law provides for a maximum total sentence of up to 20 years in prison, a fine of $1,000,000, or both for the drug charges. For the firearms charge, the law provides for a maximum total sentence of 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 offenses, and the prior criminal history, if any, of the defendant.

The Federal Bureau of Investigation and the West Mifflin Police Department conducted the investigation leading to the indictment in this case.

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

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

PITTSBURGH – Dontae Saunders has been indicted by a federal grand jury in Pittsburgh for drug trafficking, United States Attorney Scott W. Brady announced today.

The indictment charges Saunders, age 28, of Pittsburgh, with possession with intent to distribute and distribution of methoxyacetyl fentanyl on November 27, 2017.

The law provides for a maximum total sentence of up to 30 years in prison and a fine of up to $2,000,000. 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 Craig W. Haller is prosecuting this case on behalf of the United States.

The Pittsburgh Bureau of 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 – Brandin Gardner has been indicted by a federal grand jury in Pittsburgh for unlawfully possessing a firearm as a convicted felon while on federal supervised release following a prior heroin trafficking conviction, United States Attorney Scott W. Brady announced today.

The indictment charges Gardner, age 22, of Pittsburgh, with possession of a firearm by a convicted felon from in and around August 2017 to on or about November 17, 2017.

The law provides for a maximum total sentence of up to 10 years in prison and a fine of up to $250,000. 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 Craig W. Haller is prosecuting this case on behalf of the United States. This case is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.

The United States Probation Office, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pittsburgh Bureau of 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 – James Folks has been indicted by a federal grand jury in Pittsburgh for methoxyacetyl fentanyl trafficking and firearm crimes, United States Attorney Scott W. Brady announced today. The indictment charges Folks, age 44, of East Pittsburgh, with committing the following crimes on December 7, 2017: attempt to possess with intent to distribute 100 grams or more of methoxyacetyl fentanyl and possession of a firearm after seven prior felony convictions.

“As President Trump has identified, the fight against the opioid and fentanyl epidemic is one of the top priorities of the Department of Justice and the U.S. Attorney’s Office for the Western District of Pennsylvania,” stated U.S. Attorney Brady. “Seven-times convicted felon James Folks attempted to import from overseas more than two pounds of a deadly form of fentanyl for distribution in Western Pennsylvania. This multi-agency investigation resulted in an indictment which demonstrates the resolve of this office to reduce violent crime and opioid trafficking by focusing on the district’s most dangerous criminals.”

“We’re using every law enforcement tool at our disposal to fight this epidemic in Pennsylvania and get the people peddling these poisons out of our communities,” Attorney General Josh Shapiro said. “Thanks to strong law enforcement collaboration with U.S. Attorney Scott Brady and his office, fentanyl that could have devastated this community has been seized and the drug dealer responsible will face justice.”

According to a Criminal Complaint filed on December 7, 2017, Folks has an extensive criminal record involving drug trafficking and violent crimes. On December 6, 2017, Postal Inspection Service interdiction personnel in Pittsburgh intercepted an International Mail Express package from the Republic of Korea addressed to James Folks in Homestead, PA. The package was pulled from the mail stream for further investigation. On December 6, 2017, Homeland Security personnel opened the package in a controlled environment and found a powdery substance with an approximate weight of 1,058 grams. A field test indicated the substance contained a fentanyl analogue, a controlled substance, in a distribution amount. On December 7, 2017, at 8:45 a.m., Folks went to the Post Office to retrieve his parcel and departed the Post Office in his vehicle. Law enforcement officers arrested Folks when he parked in front of his residence with the parcel. A subsequent search of Folks’ home uncovered a Smith and Wesson .40 caliber pistol with a loaded magazine, as well as drug trafficking paraphernalia, including an electronic money counter. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year to possess a firearm and ammunition. Because of his criminal record, Folks has been charged as an Armed Career Criminal.

The law provides for a minimum sentence of 15 years imprisonment as an Armed Career Criminal and up to life and a fine of up to $20,250,000. 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 Craig W. Haller is prosecuting this case on behalf of the United States.

The United States Postal Inspection Service, the Pennsylvania Office of Attorney General, U.S. Immigration and Customs Enforcement/Homeland Security Investigations, the Pennsylvania State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives 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 Pittsburgh, Pennsylvania, waived prosecution by Indictment and pleaded guilty to an Information in federal court to a violation of federal firearms laws, United States Attorney Scott W. Brady announced today.

Ryan Gainer, age 37, pleaded guilty to one count before United States District Judge Nora Barry Fischer. In connection with the guilty plea, the court was advised that on or about June 14, 2016, Gainer knowingly possessed a stolen firearm.

Judge Fischer scheduled sentencing for May 18, 2018 at 9:00 a.m. The law provides for a total sentence of not more than ten (10) years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

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

This case is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pittsburgh Bureau of Police, and the Penn Hills Police Department conducted the investigation that led to the prosecution of Ryan Gainer.

PITTSBURGH – Scott W. Brady was sworn in today as the 58th United States Attorney for the Western District of Pennsylvania and began his duties immediately.

"I would like to thank President Trump for this great honor of being appointed U.S. Attorney for the Western District of Pennsylvania, and thank Senators Toomey and Casey for their strong support throughout the confirmation process," said U.S. Attorney Brady. "I look forward to working with the outstanding attorneys and staff of the U.S. Attorney’s Office to serve the people of Western Pennsylvania."

Chief U.S. District Judge Joy Flowers Conti administered the oath to Mr. Brady, 48, of Ohio Township, in a ceremony this morning.

Prior to becoming U.S. Attorney, Mr. Brady was head of litigation for Federated Investors, Inc. in Pittsburgh. From 2004 to 2010, he served an Assistant U.S. Attorney in the Western District of Pennsylvania. He previously was an associate for the Jones Day and Reed Smith law firms. Mr. Brady also served as an Adjunct Professor of Law at the University of Pittsburgh where he taught Constitutional Law.

Mr. Brady is a 1991 graduate of Harvard University and a 2001 graduate of the Pennsylvania State University’s Dickinson School of Law.

Mr. Brady was nominated for U.S. Attorney by President Donald Trump on September 8 and confirmed by the United States Senate on December 14. He will lead an office currently staffed with 59 Assistant U.S. Attorneys across the Criminal, Civil and Appeals divisions, and 57 support staff in offices in Pittsburgh, Erie and Johnstown.

The Western District of Pennsylvania covers the 25 westernmost counties in the Commonwealth.

PITTSBURGH - A resident of West Mifflin, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating the federal narcotics laws, Acting United States Attorney Soo C. Song announced today.

The one-count indictment named Diop Fitzgerald, 40, of West Mifflin, Pennsylvania, as the sole defendant.

According to the indictment, on or about October 26, 2017, Fitzgerald distributed and possessed with intent to distribute 500 grams or more 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 in prison, a fine not to exceed $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 Stephen S. Gilson is prosecuting this case on behalf of the government.

The Drug Enforcement Administration 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 Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal firearms laws, Acting United States Attorney Soo C. Song announced today.

The one-count indictment named Montcrief Grinage, 39, of Pittsburgh, Pennsylvania, as the sole defendant.

According to the indictment, on or about December 13, 2017, Grinage illegally possessed a firearm and ammunition after previously having been convicted of a felony. 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.

The law provides for a maximum total sentence of not more than 10 years in prison, a fine not to exceed $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 Stephen S. Gilson is prosecuting this case on behalf of the government.

The Drug Enforcement Administration 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 the City of Pittsburgh has been indicted by a federal grand jury in Pittsburgh on charges of distributing and possessing with intent to distribute heroin and synthetic opioids, Acting United States Attorney Soo C. Song announced today.

The two-count Indictment named Shawn B. Nichols, aka Smitty, 26, of Pittsburgh, Pennsylvania, as the sole defendant.

According to the indictment presented to the court, Nichols distributed and possessed with intent to distribute quantities of a mixture containing detectable amounts of furanyl fentanyl, and/or U-47700, and/or heroin, which are Schedule I controlled substances, on or about August 11, 2017, and August 14, 2017.

The law provides for a maximum total sentence of up to 30 years in prison, a fine of $2,000,000, 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.

Special Assistant United States Attorney Jerome A. Moschetta is prosecuting this case on behalf of the government.

Task Force Officers with the Drug Enforcement Administration, as well as members of the Canonsburg Police Department, Washington County Sheriff’s Department, and Washington County District Attorney’s Office Drug Task Force, conducted the investigation leading to the Indictment in this case.

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

PITTSBURGH - An illegal alien found in Indiana County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of Illegal Re-Entry After Deportation, Acting United States Attorney Soo C. Song announced today.

The one-count indictment named Lorenzo Juarez-Perez, age 26, of Guatemala, as the sole defendant.

According to the indictment presented to the court, Lorenzo Juarez-Perez, an illegal alien, was formally removed from the United States by United States Immigration and Customs Enforcement on March 2, 2010, and on August 17, 2010. Juarez-Perez was found to be illegally present on November 26, 2017.

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

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

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

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

JOHNSTOWN, Pa. – A resident of Berlin, Pa., pleaded guilty in federal court to a charge of making a threat against the Vice President of the United States, Acting United States Attorney Soo C. Song announced today.

William R. Dunbar, 23, pleaded guilty before United States District Judge Kim R. Gibson.

In connection with the guilty plea, 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.

Judge Gibson scheduled sentencing for April 12, 2018, at 1:30 p.m. The law provides for a maximum total sentence of 5 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 Stephanie L. Haines, is prosecuting this case on behalf of the government.

The United States Secret Service conducted the investigation leading to the prosecution of Dunbar.

PITTSBURGH – On Dec. 13, 2017, a resident of New Castle, Pa., was indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics laws, Acting United States Attorney Soo C. Song announced today.

The 26-count indictment named Dr. Thomas A. Ranieri, 64, of New Castle, Pa.

According to the indictment presented to the court, from Jan. 2, 2013 to June 26, 2013, Dr. Ranieri prescribed and distributed quantities of Schedule II controlled substances (i.e., Oxycodone, Fentanyl, and Opana ER) outside the usual course of professional practice.

The law provides for a maximum sentence, at each of the 26 counts, of 20 years in prison and 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 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 Pennsylvania Office of Attorney General Medicaid Fraud Control Section conducted the investigation that led to the prosecution of Ranieri.

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 and charged with violations of federal narcotics and firearms laws, Acting United States Attorney Soo C. Song announced today.

The three-count indictment, returned on December 12, 2017, named Lamar Rice, age 40, as the sole defendant.

According to the indictment, on or about November 14, 2017, Rice maintained a drug-involved premises, where he was found to be in possession of 100 or more marijuana plants, with the intent to distribute them. Rice, a convicted felon, is also charged with possessing ammunition. As a convicted felon, Rice is prohibited by federal law from possessing a firearm and/or ammunition.

The law provides for a total maximum sentence of not less than five years in prison and up to 40 years in prison, and a fine of up to $5,000,000 for the drug charges. Rice also faces a maximum total sentence of 10 years in prison, a fine of not more than $250,000, or both, on the possession of ammunition charge. 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 Timothy M. Lanni is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation and the Pittsburgh Bureau of 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, has been indicted by a federal grand jury in Pittsburgh on a charge of illegal re-entry after deportation, Acting United States Attorney Soo C. Song announced today.

The one-count indictment, returned on December 12, named Uriel Reyes Espinoza, age 26, of Mexico, as the sole defendant.

According to the indictment presented to the court, Uriel Reyes Espinoza, an illegal alien, was formally removed from the United States by United States Immigration and Customs Enforcement on August 26, 2008, May 1, 2012, February 2, 2014, and February 19, 2015. Uriel Reyes Espinoza was found to be illegally present in Butler, Pennsylvania, on November 28, 2017.

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

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

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

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

PITTSBURGH – An individual found by the U.S. Department of Homeland Security/Immigration and Customs Enforcement has been indicted by a federal grand jury in Pittsburgh on charges of illegal re-entry into the United States after deportation, Acting United States Attorney Soo C. Song announced today.

The one-count indictment, returned on December 12, named Fredy Abel Lainus-Vasquez, 30, formerly of Honduras, as the sole defendant.

According to the indictment, Lainus-Vasquez, an alien, was removed from the United States by U.S. Immigration and Customs Enforcement on August 9, 2011 and September 26, 2012, and was again found in the United States, in Pittsburgh on August 2, 2017, by ICE Officers.

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

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

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

PITTSBURGH – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating the federal firearms and drug laws, Acting United States Attorney Soo C. Song announced today.

The three-count superseding indictment, returned on December 12, named James Taric Byrd, 41, of Pittsburgh, Pennsylvania.

According to the superseding indictment, on or about February 23, 2015, Byrd, an individual with multiple prior felony convictions did knowingly and unlawfully possess a .40 caliber Sig Sauer handgun 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. Byrd also was charged with possessing with the intent to distribute cocaine, cocaine base, heroin and marijuana, and carrying and possessing a firearm in furtherance of that drug trafficking crime.

The law provides for a maximum total sentence of not less than five years and up to life in prison, a fine of not more than $1,500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.

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

The Pittsburgh Bureau of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the superseding indictment in this case. This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.

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

PITTSBURGH – Individuals and entities associated with Med-Fast Pharmacy, Inc. (“Med-Fast”) have resolved criminal and civil charges associated with Med-Fast’s improper submission of claims to the Medicare and Medicaid programs, Acting United States Attorney Soo C. Song announced today.

Iserve Technologies, Inc., a company co-located with and operated out of Med-Fast, participated in a conspiracy to fill prescriptions for nursing homes with recycled unused drugs that were commingled with drug stocks on hand at Med-Fast’s Institutional Pharmacy. Today the court sentenced it to pay $400,000 in forfeiture, $44,600 in a criminal fine and a $400 special assessment. Iserve was also ordered by the court to pay to the United States $1,555,000, in accordance with a Civil Settlement Agreement to reimburse the Medicare and Medicaid Programs for overbilling. The Iserve criminal charges follow the earlier guilty plea on related charges against the former Vice President of Store Operations for Med-Fast, defendant Gino Cordisco, 47, of Mars, Pennsylvania, and the former manager of the Med-Fast Institutional Pharmacy, Correna Pfeiffer, 37, of Monaca, Pennsylvania.

Med-Fast Pharmacy, Inc., its owner Douglas Kaleugher, and related entities also have agreed to pay the United States additional monies to settle civil False Claims Act allegations. The total amounts paid, including the above sums, total $2,666,300. The civil settlement resolves allegations in two separate whistleblower lawsuits filed in federal court in Pittsburgh, Pennsylvania. The settled claims contended thatMed-Fast violated the False Claims Act by distributing and submitting claims to Medicare for medication that it had either recycled from long-term care facilities serviced by its institutional pharmacy, or that otherwise differed from the medications identified as part of the claims submitted to the United States. The settlement also resolves allegations that Med-Fast violated the False Claims Act by submitting claims to Medicare and Pennsylvania Medicaid that sought reimbursement for the retail-packaged version of diabetes testing strips, while actually supplying patients with cheaper mail-order-packaged version of the same strips.

These matters were investigated by The U.S. Food and Drug Administration-OCI, the Drug Enforcement Administration-Diversion Investigators, the Office of Inspector General of the Department of Health and Human Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Nelson P. Cohen prosecuted the criminal cases on behalf of the government and Assistant U.S. Attorney Colin J. Callahan litigated the civil cases on behalf of the Affirmative Civil Enforcement Section of the United States Attorney’s Office.

The civil cases resolved by this settlement are captioned United States ex rel. Darla Reid v. Med-Fast Pharmacy, Inc., Civil Action No. 13-715 (WDPA); and United States ex rel. Bryan Bisceglia v. Med-Fast Pharmacy, Inc. et al., Civil Action No. 13-0368 (WDPA). The claims resolved by the civil settlement are allegations only, and there has been no determination of liability. The conspiracy charge against Cordisco carries a maximum total sentence of five years in prison, a fine of $250,000 or both. The conspiracy charge against Iserve Technologies, Inc. carries a maximum total sentence of five years probation, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

ERIE, Pa. - A resident of Erie, Pennsylvania has been indicted by a federal grand jury in Erie on charges of use of a false visa, Acting United States Attorney Soo C. Song announced today.

The two-count indictment named Daniel Cabanillas, 47, of Erie, Pennsylvania, as the sole defendant.

According to the indictment presented to the court, Cabanillas was the Designated School Official (DSO) for the Student Exchange Visitor Program at Mercyhurst University until he was terminated on February 19, 2015. The indictment alleges during the period he was employed as the DSO, Cabanillas did knowingly make materially false statements on Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students, subscribing to as true, the false certification of a person’s acceptance status at the university.

The law provides for a maximum total sentence of 20 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 Marshall J. Piccinini is prosecuting this case on behalf of the government.

The Department of Homeland Security, Homeland Security Investigations and U.S. Border Patrol 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 Meadville, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal firearms and drug laws, Acting United States Attorney Soo C. Song announced today.

The three-count indictment named Charles Joseph Butter, 41, as the sole defendant.

According to the indictment presented to the court, on September 7, 2017, Butter possessed several firearms while being a convicted felon. In addition, he is also charged with possessing pseudoephedrine with intent to manufacture methamphetamine and attempting to manufacture methamphetamine.

The law provides for a maximum total sentence of 30 years in prison, a fine of $250,0000, 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 Marshall J. Piccinini is prosecuting this case on behalf of the government.

This case was prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.

The Pennsylvania State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives 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 Allegheny County, Pennsylvania, has pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, Acting United States Attorney Soo C. Song announced today.

Robert Paladino, Jr., age 60, of Millvale, Pennsylvania, pleaded guilty before United States District Judge David S. Cercone.

In connection with the guilty plea, on or about August 13, 2015, Paladino knowingly possessed videos and images 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. Paladino had previously been convicted of distribution of material depicting the sexual exploitation of a minor in 2006 and served 121 months imprisonment on that offense.

United States District Judge David S. Cercone scheduled sentencing for March 23, 2018 at 10 a.m. The law provides for a minimum sentence of 10 years in prison and maximum total sentence of 20 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.

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

The United States Postal Inspection Service conducted the investigation that led to the prosecution of Paladino.

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 - An individual found by the U.S. Department of Homeland Security/Immigration and Customs Enforcement has been sentenced in federal court to four months incarceration and two years of supervised release on his conviction of Illegal Reentry After Deportation, Acting United States Attorney Soo C. Song announced today.

United States District Judge David Stewart Cercone imposed the sentence on Bartolo Fabian-Mendez, 47, a citizen of Mexico.

According to information presented to the court, Fabian-Mendez, an alien, who was removed from the United States by U.S. Immigration and Customs Enforcement on January 5, 2010, February 15, 2016, March 16, 2016, November 26, 2016, and June 17, 2017, was encountered in Verona, Pennsylvania, and taken into custody on October 5, 2017, by the U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations.

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

Acting U.S. Attorney Song commended the Immigration and Customs Enforcement for the investigation leading to the successful prosecution of Fabian-Mendez.