ERIE — A Smethport man is facing a federal charge of theft of government property, acting U.S. Attorney Soo C. Song announced Tuesday.

According to Song, a federal grand jury in Erie has indicted Gary Herzog, 75, of 505 ½ W. Main St., Smethport.

The indictment states that Herzog represented himself as a property owner for a tenant in the Housing Choice Voucher program — failing to notify the McKean County Redevelopment and Housing Authority that he transferred ownership of the property back in 2007.

The law provides for a maximum sentence of 10 years in prison and/or a fine of $250,000, but, if he is convicted, the actual sentence would based upon the seriousness of the offense and his prior criminal history, if any.

Assistant U.S. Attorney Christian A. Trabold is prosecuting the case.

The U.S. Department of Housing and Urban Development, Office of Inspector General, conducted the investigation leading to the indictment.