Middle District of Florida

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced McEndy Alce (33, Immokalee) to 15 years in federal prison for production of child pornography. The court also ordered Alce to forfeit two iPhones and an iPod Touch that had been used to facilitate the offense. 

Alce had pleaded guilty on April 30, 2019.

According to court documents, on November 18, 2015, Alce, using the email address tylerthecreator@hackermail.com, contacted a 16-year-old girl in California on her iPhone via iMessage. Alce informed the girl that he had hacked her account and instructed her to go to her Twitter account, where she discovered that nude photographs of herself, which had been stored on her phone, had indeed been posted to her Twitter account. Alce told the girl that he had just started posting the photos of her on her Twitter account and, he told her to log onto a video chat site and to change her clothes in front of the webcam. Alce then instructed the girl to log onto Skype, where he told her to remove her clothes for the Skype camera. He positioned her on a bed, and instructed her to remain there until he was finished. Alce told the victim to do what he said, and that, if she did, she would never hear from him again. The girl exposed herself to the webcam, as Alce instructed, until he sent her a message advising that he was done. 

After the victim reported Alce to law enforcement, FBI agents located him in Immokalee. On May 3, 2016, a search warrant was executed at Alce’s home where he admitted to creating the email address that he had used to contact the victim. He also admitted to scamming multiple people online to get their passwords, including his victim in this case. Alce said that he duped the girl into giving him the password for her email address, and he admitted that he had communicated with the girl on Skype. Alce also admitted that he had tricked the minor, and that a video of the session with the girl could be on the hard drive of his laptop. 

The forensic analysis of Alce’s iPhones and iPod Touch revealed messages in which he portrayed himself to be a member of the Snapchat security team, a member of the SKYPE security team, or a member with YOUNOW. The messages read “someone has attempted to change the password on your account,” and the individual was instructed to reply with her password “to disallow the change password to become active.” 

This case was investigated by the Federal Bureau of Investigation Innocent Images Task Force, which includes Charlotte County Sheriff’s Office, and with assistance from the FBI Office in Sacramento, California. It is being prosecuted by Assistant United States Attorney Yolande G. Viacava.

This is another case 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.

Orlando, Florida – Billy Altidor (28, Wellington) and Evanie Louis (27, Wellington) have pleaded guilty to conspiracy to commit theft of government funds and aggravated identity theft. Each faces a maximum penalty of five years in federal prison on the conspiracy charge, and a consecutive mandatory minimum of two years’ imprisonment, on the aggravated identity theft charge. A sentencing date has not yet been set.

According to the plea agreement, Altidor, Louis, and their co-conspirators used stolen personally identifiable information (PII) to access the “My Social Security” (MySSA) online portal and redirect Social Security benefit payments to accounts controlled by the conspirators. The conspirators accessed or attempted to access MySSA accounts belonging to over 1,400 different individuals, without the victims’ knowledge or authorization.

Louis, Altidor, and their co-conspirators also used stolen PII to file false tax returns and directed the fraudulently obtained tax refunds into accounts controlled by the conspirators. In addition, they used stolen identities to activate debit cards and bank accounts to receive the fraudulent tax refunds.

This case was investigated by the Social Security Administration – Office of the Inspector General, the Internal Revenue Service – Criminal Investigation, and the Department of the Treasury – Office of the Inspector General. It was prosecuted by Special Assistant United States Attorney Suzanne Huyler.

Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Aaron Troupe (30, Tampa) to five years and one month in federal prison for theft of government property and aggravated identity theft stemming from the filing of fraudulent tax returns using stolen identities. The court also ordered Troupe to pay $449,529.97 in restitution to the IRS.

Troupe had pleaded guilty on April 17, 2019.

According to court documents, from 2012 through 2018, Troupe, who was a member of the “Manche Boy Mafia” or “MBM” gang, engaged in stolen identity refund fraud (SIRF) and credit card fraud. In August 2016, a property cleaning service unearthed a laptop, notebooks containing personally identifiable information (PII), and firearms from the backyard of a rental property in Tampa that had been abandoned by the most recent tenants. The cleaning service turned the abandoned property over to the Tampa Police Department. Further investigation determined that one of the ledgers contained information, including fingerprints and addresses, linked to Troupe. Troupe also had debit cards issued in his name that had been loaded with fraudulently obtained federal income tax refunds. 

The IRS determined that for the tax years 2011-2013, fraudulent tax returns associated with Troupe were filed claiming refunds totaling $1,295,583, which resulted in the IRS paying out refunds totaling approximately $449,529.97.

This case was investigated by the Tampa Police Department, the Internal Revenue Service – Criminal Investigation, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Mandy Riedel.

Tampa, Florida – U.S. District Judge Charlene Honeywell today sentenced Edwin Santiago (43, Lakeland) to 41 years and 8 months in federal prison for attempted production and possession of child pornography.

Santiago had pleaded guilty on April 22, 2019.

According to court documents, Santiago attempted to produce at least two sex abuse videos of an 8-year-old child. Santiago also distributed videos to individuals on the internet with whom he was discussing an interest in child exploitation. During online chats, Santiago expressed a desire to watch others sexually abuse the child and asked for volunteers to give the child sex lessons. Santiago also discussed and negotiated prices for the child’s virginity.

Santiago used internet-based platforms to distribute sex abuse material that included young children, toddlers, and sadomasochistic conduct. He also possessed over 100 images and over 100 videos of child pornography on his phone.

“The vile crimes committed by this child predator are beyond comprehension,” said Homeland Security Investigations Tampa Assistant Special Agent in Charge Micah McCombs. “We hope today’s sentencing is another step in the recovery for his victim.”

This case was investigated by the Department of Homeland Security, Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Frank Murray.

This is another case 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.

Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Natario Bernard Peterson (22, Jacksonville) to five years in federal prison for distributing crack cocaine. Peterson had pleaded guilty on March 27, 2019.

According to court documents and information presented at sentencing, Peterson, a mid-level member of the Rollin’ 20s gang, sold crack cocaine to an undercover detective with the Jacksonville Sheriff’s Office (JSO) on three occasions in 2018. On one of those occasions, Peterson teamed up with co-defendant Dashawn Rose to sell the crack cocaine. During the transaction, Rose was concealing a large, AR-style pistol with a drum magazine in his pants.

On July 18, 2019, Rose pleaded guilty to distribution of crack cocaine and possession of a firearm in furtherance of a drug trafficking crime. He faces a mandatory minimum sentence of five years, and up to life, in federal prison. His sentencing is set for October 30, 2019.

At the time, the Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with JSO, was conducting a long-term investigation of the Rollin’ 20s gang. In September 2018, Peterson admitted that he had authorized another Rollin’ 20s gang member, David Brian Edwards, to carjack his ex-girlfriend at gunpoint.  Edwards entered his ex-girlfriend’s vehicle and forced her, at gunpoint, to follow another vehicle, which was driven by Peterson. After the vehicles came to a stop, Edwards put his gun to the victim’s head and told her that he was there to kill her. Edwards then hit the victim in the face multiple times with the gun and kicked her as she escaped from the vehicle.

Edwards was prosecuted by the State Attorney’s Office and sentenced to 20 years in state prison for his role in the armed carjacking.

In September and October 2018, Peterson stated his intention to prevent the carjacking victim and a witness from testifying against him. In one conversation, he stated that he was going to get the witness “out the way” and “we gonna have a funeral.”

“This sentencing represents ATF’s commitment to continually work with our law enforcement partners to protect the citizens of our communities from those that choose to commit violent firearms-related crimes,” said ATF Special Agent in Charge Daryl McCrary.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jacksonville Sheriff’s Office, and the State Attorney’s Office, Fourth Judicial Circuit. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Jacksonville, Florida – Brian Ray Dunlap (67, St. Augustine) has pleaded guilty to attempting to entice two young children to engage in illegal sexual activity.  Dunlap faces a mandatory minimum penalty of 10 years, and up to life, in federal prison, and a potential life term of supervised release. A sentencing date has not yet been set.   

According to court documents, on October 6, 2018, a detective with the St. Johns County Sheriff’s Office, who was posing online as a custodial family member of two children (ages 9 and 12), received an email message from Dunlap, who identified himself as “Brian.” Between October 6, 2018 and October 9, 2018, Dunlap and the undercover detective exchanged emails and text messages about Dunlap’s desire to meet the “children” to engage in sexual activity with them. Dunlap advised that he was an amateur photographer and that he wanted to “[t]ake their pictures naked” and perform oral sex on them. Dunlap further provided the undercover detective with graphic details about the sexual acts that he wished to perform on the two “children,” and offered to pay the undercover detective $200 for sex with them and pornographic pictures of the “children.” 

On October 9, 2018, Dunlap traveled to a prearranged location in St. Johns County to meet the undercover detective and the two “children.” Upon his arrival, he was arrested. During an interview, Dunlap admitted that he had responded to the online notice posted by the undercover detective, had engaged in online conversation with that person, and that he had traveled to the particular location to meet that person and the two “children.”        

This case was investigated by the St. Johns County Sheriff’s Office and the Federal Bureau of Investigation (Jacksonville Office). It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

This is another case 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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Willie Bryant (25, Parrish) has pleaded guilty to conspiracy to distribute 400 grams or more of fentanyl. He faces a mandatory minimum sentence of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Bryant conspired to distribute fentanyl from at least September 2018 through February 27, 2019. In early 2019, Bryant sold fentanyl in increasing amounts to an undercover detective on multiple occasions. On February 27, 2019, Bryant again met the undercover detective to sell an ounce of fentanyl. When Bryant arrived at the meeting location, law enforcement detained him and recovered the fentanyl. During an interview with investigators, Bryant admitted to having obtained over a kilogram and a half of fentanyl from a variety of sources of supply during the previous six months, which he then distributed.

This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Hot Batch.” The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. 

The investigation was conducted by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.

Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Robert Ray (47, Orlando) to 10 years in federal prison for bank robbery. Ray had pleaded guilty on April 9, 2019.

According to court documents, Ray robbed two banks and attempted to rob a third in central Florida on December 14 and December 17, 2018. On December 20, 2018, he robbed a fourth bank in Live Oak, Florida. At each bank, Ray walked through the front door and waited in line for the teller. When he approached the window, Ray asked the teller for “all the $100s and $50s.” In total, Ray obtained $7,200. 

This case was investigated by the Federal Bureau of Investigation and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Nathan W. Hill.

Ocala, Florida – David Walter Hendershot (41, Ocala) today pleaded guilty to an indictment charging him with possession of a firearm and ammunition affecting commerce by a previously convicted felon. Hendershot faces a maximum penalty of 10 years in federal prison. A sentencing date has been set for October 25, 2019.

According to the facts described in open court, on March 30, 2019, a City of Ocala police officer discovered Hendershot asleep behind the wheel of a running automobile. Hendershot told the officer that he had been using illegal drugs and that there likely was a firearm in the automobile. A subsequent search revealed a baggie of fentanyl on Hendershot’s person and a loaded handgun in the center vehicle console. 

Hendershot confessed that he had a prior robbery conviction in New York.  He also admitted that he illegally carried the firearm because he was not going to be “caught without a gun, need it, and not have it.” As a convicted felon, however, Hendershot is prohibited from possessing firearms and ammunition under federal law. 

This case was jointly investigated by the Ocala Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Marc Lionel Lewis (52, Jacksonville) to five years in federal prison for distributing images depicting the sexual abuse of young children over the internet.  Lewis had pleaded guilty on April 4, 2019. Lewis was also ordered to serve a 12-year term of supervised release, pay $5,100 in court assessments, and register as a sex offender. 

According to court documents, agents with Homeland Security Investigations (HSI) began an investigation to identify individuals who were using a particular online file-sharing network to access and distribute child pornography. The agents confirmed that a host computer located in Jacksonville was offering files depicting child pornography for sharing over the internet. They downloaded images of an infant, a toddler, and other young children being sexually abused from this host computer. Further investigation revealed that these files were being shared by Lewis.

On July 17, 2017, HSI agents executed a search warrant at Lewis’ residence.  Forensic analysis of Lewis’s computer media revealed approximately 40 images of child pornography and 142 images of child erotica. Lewis had unsuccessfully attempted to delete these files using file shredding software. By accessing child pornography through this file sharing program, Lewis knowingly made it available for sharing and distribution.

This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

It is another case 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.

Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Divesh Valanju (30, India) to 21 years and 10 months in federal prison for producing child pornography. Valanju had pleaded guilty on April 11, 2019.

According to court documents, Valanju met an 11-year old child via two online messaging apps. He lied about his name on the apps and exchanged sexually-explicit images with the child. On two occasions, Valanju arranged to meet the child at Max Hasse Park in Collier County. After the victim’s parents dropped her off at the park, purportedly to meet her friends, Valanju picked the child up, drove her to a motel and filmed sex acts that he performed with the child. 

This case was investigated by the Federal Bureau of Investigation’s Innocent Images Task Force. It was prosecuted by Assistant United States Attorney Charles Schmitz.

It is another case 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.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Wesley Anderson (26, Coconut Creek) to seven years in federal prison, and Christopher Stewart (20, Miramar) to four years and nine months in federal prison for their roles in a counterfeiting check scheme. The court also ordered Anderson and Stewart to pay restitution to financial institutions in the total amount of almost $80,000.

Anderson had pleaded guilty on May 13, 2019, and Stewart had pleaded guilty on April 15, 2019. On May 6, 2019, a third conspirator, Allen Griffin (23, Coral Springs), was sentenced to four years and nine months’ imprisonment in connection with this scheme. 

According to court documents, during the summer of 2018, Anderson, Stewart, and Griffin created counterfeit checks and obtained access to individual bank accounts into which they deposited the counterfeit checks. The conspirators then withdrew the funds from the accounts before the fraud was detected. Anderson, Stewart, and Griffin deposited counterfeit checks totaling more than $370,000 in Orlando-area banks.  

On August 3, 2018, Anderson and Griffin were arrested at a hotel in Orlando. They had blank check stock paper, a printer, and a laptop that they had used to create counterfeit checks, computerized images of signatures used on the counterfeit checks, and ATM cards that had been used in the scheme. All three individuals were also captured on bank surveillance video depositing counterfeit checks and making withdrawals from accounts where the counterfeit checks had recently been deposited.       

This case was investigated by the United States Secret Service, with assistance from the Orange County Sherriff’s Office. It was prosecuted by Assistant United States Attorney Dana E. Hill.

Fort Myers, FL - United States Attorney Maria Chapa Lopez announces that Mark E. Zywotko (47, Cape Coral) has pleaded guilty to four counts of mail fraud. Zywotko faces a maximum penalty of 20 years in federal prison for each count. A sentencing date has not yet been set.

According to the plea agreement, from January 2013 through December 2017, Zywotko perpetrated a scheme to overharvest more than 50,000 pounds of Gulf reef fish from the waters off Southwest Florida. These illegally-caught fish were worth more than $286,000. Zywotko knowingly and illegally harvested, landed, and sold federally-regulated Gulf reef fish, including red grouper and red snapper, and submitted false documents, via the U.S. Mail, to state and federal agencies in order to conceal his overfishing.

Regulation of the Gulf reef fish fishery is a lawful function of the National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (“NMFS”). NMFS is tasked with managing the fishery to ensure its sustainability and economic viability in the Gulf of Mexico across the southeastern United States.

NOAA's mission is to understand and predict changes in the Earth’s environment, from the depths of the ocean to the surface of the sun, and to conserve and manage our coastal and marine resources.

“The Individual Fishing Quota program was designed to increase the marketability of our Gulf of Mexico snapper/grouper commercial fishery - an extremely vital fishing resource in the southeast U.S.,” said Manny Antonaras, Deputy Special Agent in Charge for NOAA's Office of Law Enforcement, Southeast Division. “We will not tolerate such violations to our nation’s economy nor our natural resources, and we commend the investigative team who spent hundreds of hours on this case.”

This case was investigated by investigated by National Oceanic and Atmospheric Administration National Marine Fisheries Service’s Office of Law Enforcement, Southeast Division and the Florida Fish and Wildlife Conservation Commission. It is being prosecuted by Assistant United States Attorney Jeffrey F. Michelland.

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Antonio Morrow (42, St. Petersburg) to eight years and five months in federal prison, for possessing with the intent to distribute cocaine, cocaine base, and hydromorphone, and for possessing a firearm in furtherance of a drug trafficking crime. Morrow had pleaded guilty on May 1, 2019.

According to court documents, on December 1, 2018, officers from the St. Petersburg Police Department initiated a traffic stop of Morrow’s car, after witnessing him fail to yield to pedestrians in a crosswalk. The officers noticed the smell of marijuana as they approached Morrow’s car. When the officers removed Morrow from his car and collected his identification card to run a records check, Morrow ran away. He went a short distance before tripping and falling down. As he was falling, Morrow attempted to discard a firearm and a small bag of cocaine. The officers recovered the firearm and cocaine and also recovered $2,726 from Morrow’s person during a pat down search. The officers also found 30 hydromorphone pills and 18 pieces of cocaine base in Morrow’s car.

This case was investigated by the St. Petersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms Explosives. It was prosecuted by Assistant United States Attorney Charlie D. Connally.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Tampa, Florida – Jeffrey Luis Rodriguez (34, Tampa) and Mary Bell Rodriguez (62, Tampa) have each pleaded guilty to one count of conspiracy to distribute a mixture and substance containing a detectable amount of fentanyl and heroin, causing serious bodily injury. Jeffrey Rodriguez also pleaded guilty to one count of distributing heroin causing serious bodily injury, and six counts of aiding and abetting the distribution of heroin and fentanyl. Mary Bell Rodriguez pleaded guilty to three counts of aiding and abetting the distribution of heroin and fentanyl. Each faces a mandatory penalty of life in federal prison.

According to court documents, from at least March 2017 and continuing through May 2018, Jeffrey Luis Rodriguez and Mary Bell Rodriguez were members of a conspiracy that distributed fentanyl and heroin, from their vehicle, around the Town and Country area of Hillsborough County. During the span of the conspiracy, the fentanyl that they had distributed led to many overdoses, including the serious bodily injury overdose of D.C.H.

Subsequently, the Hillsborough County Sheriff’s Office began an investigation of members of the conspiracy. Between January and May 2018, undercover law enforcement officers purchased narcotics from Jeffrey Luis Rodriguez and Mary Bell Rodriguez on various occasions.

This case was investigated by the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael C. Baggé-Hernández.

Orlando, FL – United States Attorney Maria Chapa Lopez announces today that Florida Discount Drugs, Inc., which operates as Taylor’s Pharmacy, has agreed to pay the United States $107,500 to resolve allegations that it violated the Controlled Substances Act by improperly distributing schedule III and IV drugs, and committing multiple recordkeeping violations. The settlement relates to a Drug Enforcement Administration (DEA) investigation of Taylor’s Pharmacy. 

According to the settlement agreement, between February 15, 2012, and July 22, 2016, Taylor’s Pharmacy made 37 distributions of schedule III and schedule IV controlled substances, and an additional 31 distributions of controlled substances to two individuals not registered to receive those drugs. Then, on April 18, 2017, the DEA initiated an inspection of Taylor’s Pharmacy and determined that it had committed 18 recordkeeping violations of the Controlled Substances Act.

“Pharmacies have an obligation to ensure that controlled substances are properly tracked through the distribution chain,” said U.S. Attorney Maria Chapa Lopez. “This settlement highlights our commitment to enforcing the Controlled Substances Act and protecting our citizens.”

“The pharmaceutical industry has a vital role on the front lines of preventing drug misuse and abuse across America. This settlement demonstrates the important responsibilities all pharmacies have to prevent dangerous drugs from their intended misuse,” said Susan Langston, Diversion Program Manager, Miami Field Division. “This civil resolution reached today is just one example of DEA’s determination to combat the troubling prescription drug abuse problem in this country by pursuing pharmacies that fail to comply with the law. Our nation’s pharmacies must play a major role in the fight against pharmaceutical drug abuse, so that together we can protect public health and keep our communities safe.”

This settlement resulted from a coordinated effort by the Drug Enforcement Administration and the U.S. Attorney’s Office for the Middle District of Florida. It has handled by Assistant U.S. Attorney Jeremy R. Bloor.

The claims resolved by this settlement are allegations only. There has been no determination of liability.

Orlando, Florida – U.S. District Judge Roy. B. Dalton, Jr. has sentenced Juan Alberto Flores-Jimenez (34, Tamaulipas, Mexico), a/k/a Juan Cantu, a/k/a Stoner, to 17 years in federal prison for conspiring to possess with the intent to distribute 50 grams or more of methamphetamine. Flores-Jimenez had pleaded guilty on February 7, 2019.

According to court documents, Flores-Jimenez, an alien residing illegally within the United States, was the leader of a drug-trafficking organization (DTO) distributing kilogram amounts of methamphetamine from Georgia to other DTOs located in central Florida. Between April 2017 and September 13, 2018, Flores-Jimenez was responsible for distributing at least 4.5 kilograms of methamphetamine in the Middle District of Florida.

Flores-Jimenez, a native and citizen of Mexico, was ordered removed/deported from the United States in 2014 and again in 2015. On September 13, 2018, law enforcement officers arrested Flores-Jimenez and charged him with illegal reentry into the United States after being previously removed. On January 2, 2019, Flores-Jimenez pleaded guilty to that charge. He was sentenced to 60 months’ imprisonment in the immigration case—that sentence is to run concurrently with the 17-year drug sentence.

This case was investigated by the FBI, the DEA, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Sean P. Shecter.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Robert Randall Deen (60, Jacksonville) and Shannon Jeanette Heller (42, Jacksonville) to three years and four months in federal prison, for possessing firearms while an unlawful user of a controlled substance (Deen), and possessing firearms as a convicted felon (Heller). Heller had pleaded guilty on January 24, 2019. Deen had pleaded guilty on March 12, 2019.

According to court documents, in late November 2018, Deen and Heller were residing in an apartment on Gate Parkway in Jacksonville. A confidential informant told an ATF agent that Deen had firearms to sell, including AR-type rifles. At the time, Deen had been referred to a felony drug court diversion program in Duval County following his arrest in October 2018 for possessing cocaine and a handgun.

On December 3 and 6, 2018, Heller, who was Deen’s long-time girlfriend, sold a total of three rifles and two pistols to the confidential informant, at Deen’s direction. At the time of the incident, Deen was a habitual drug user and Heller was a convicted felon. Therefore, both were prohibited from possessing firearms or ammunition under federal law. 

On December 7, 2018, ATF executed a search warrant at the couple’s apartment and recovered two rifles, a pistol, a shotgun, and a flare launcher with bore adapters that converted it into a destructive device. Both Heller and Deen were arrested the same day. Heller admitted that she had traded two other firearms to drug dealers in order to settle drug debts.

This case was investigated by the Bureau of Alcohol Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a 2017

indictment charging Nelson Pablo Yester-Garrido (62, Cuba) with conspiracy to distribute large amounts of high-grade marijuana and possessing a firearm in furtherance of that conspiracy. If convicted on all counts, Yester-Garrido faces a maximum penalty of life in federal prison. 

According to court documents, from the late 1980s through early 1997, Yester-Garrido was part of a group involved in importing kilogram amounts of cocaine and other narcotics into the United States, including by negotiating the purchase of a Russian diesel submarine for Colombian drug suppliers. According to law enforcement, around 1997, Yester-Garrido fled to South Africa to escape prosecution related to charges filed in the Southern District of Florida (which have since been dismissed). 

In January 2015, the DEA began investigating Yester-Garrido and several other Florida-based individuals who were distributing large amounts of high-grade marijuana to individuals and groups in central Florida. In January 2017, an indictment was returned in the Middle District of Florida charging three of Yester-Garrido’s co-conspirators (Juan Almeida, Andrew Cassara, and Wade Jones, Jr.) with conspiracy to distribute marijuana. In 2018, Almeida, Cassara, and Jones were sentenced to varying terms of imprisonment.

In October 2017, a grand jury in the Middle District of Florida returned an indictment charging Yester-Garrido with conspiracy to possess with the intent to distribute marijuana and possessing a firearm in furtherance of a drug trafficking crime. Later that month, based upon a provisional arrest warrant requested by the U.S. government, Italian authorities apprehended Yester-Garrido at the Fiumicino Airport in Rome, Italy. In July 2019, the Italian judicial authorities and the Ministry of Justice, granted the request for the extradition of Yester Garrido to the Middle District of Florida.  

“This is a great example of law enforcement and prosecutors from different countries working together to safeguard communities and have a global impact on crime,” said Marcus R. Anderson, Assistant Special Agent in Charge of DEA Miami Division, Orlando District Office.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the United States Drug Enforcement Administration and the Federal Bureau of Investigation. The Office of International Affairs of the Criminal Division of the Department of Justice provided significant support with the defendant’s extradition. The U.S. Marshals Service also provided critical assistance by extraditing Yester-Garrido from Italy to the Middle District of Florida. This case will be prosecuted by Assistant United States Attorney Sean P. Shecter.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Vivienne Yvette Sellers (78, Palm Harbor) to five years in federal prison for receiving child pornography. The court also ordered Sellers to forfeit the electronic devices that she used in the commission of the offense.

Sellers had pleaded guilty on April 8, 2019.

According to court documents, Sellers used an internet-based mobile application to receive child pornography and discuss the sexual abuse of children. Between May 30 and June 17, 2017, Sellers used the app to communicate with another user whom she believed to be a nine-year-old boy, and she received images and videos of minors engaged in sexually explicit conduct.

Sellers admitted to law enforcement agents that she had used her cellphone to access the app and communicate with a child about sex. Sellers stated that she sent sexually explicit pictures of herself to the child and received sexually explicit photos from the child. Sellers further admitted that she wanted the child to come over to her house with his friend because it was her fantasy to have sex with two boys at the same time.

This case was investigated by the Federal Bureau of Investigation. It was being prosecuted by Assistant United States Attorney Lisa M. Thelwell.

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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Erika Margarita Cordova (41, Orlando) to 8 months in federal prison for making and using false documents in passport applications. She had pleaded guilty on March 21, 2019.

According to court documents, Cordova and her co-defendant, Manuel Domingo Santana, conspired to make a fraudulent document in support of a passport application for one of Cordova’s children. Because the child was a minor, Cordova was required to present a notarized form from the child’s father, confirming his consent to the passport application. Instead of obtaining a consent form from the father, Cordova and Santana made the form appear to have been signed by the father. Santana also recruited an unidentified individual to pose as the father before a notary, so that the form could be notarized before Cordova submitted it with her child’s passport application. Cordova then submitted that form in support of a passport application for her child, without actually having received permission from the child’s father. In total, Cordova made and used false documents in support of passport applications on three separate occasions, for two different children.

In addition, according to evidence presented at sentencing, Cordova tampered with a witness by urging the witness to destroy potential evidence and provide false information to law enforcement.

Santana pleaded guilty on March 21, 2019, and was sentenced to 15 months’ imprisonment on June 7, 2019. 

This case was investigated by the U.S. Department of State, Diplomatic Security Service and the Department of Homeland Security’s Document and Benefit Fraud Task Force. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

Tampa, Florida –U.S. District Judge Susan Bucklew today sentenced Ashanti Roundtree (44, North Port) to 40 years in federal prison for conspiracy to distribute cocaine and heroin, possessing a firearm in furtherance of a drug trafficking offense, and possessing a firearm as a convicted felon. Due to his prior convictions for armed robbery and firearms and narcotics offenses, he qualified for an increased penalty as an Armed Career Criminal.

A federal jury found Roundtree guilty on April 4, 2019.

According to testimony presented at trial, from an unknown date through October 2014, and continuing through February 26, 2015, Roundtree directed the illegal narcotics distribution activities at a “trap house” located at 200 Granada Boulevard, in North Port, Florida. Roundtree supplied drugs to the residents of the house, who then sold the drugs to others on Roundtree’s behalf, purchased the drugs for their own use, or used them (with the promise of paying Roundtree later). Along with supplying the residents with heroin, cocaine, cocaine base, spice, marijuana, and a variety of prescription pills for sale or personal consumption, Roundtree supervised the sale of the drugs, including setting their price and the hours of sale. He also collected the proceeds from the various drug transactions and participated in drug transactions by either selling drugs directly to customers or giving the drugs in exchange for sexual favors.

During the illegal activities, Roundtree used violence, fear, and intimidation to maintain his position as leader of the conspiracy. While at the trap house, he commonly carried a firearm for protection. Additionally, co-conspirators and others witnessed Roundtree pistol-whip an individual with the gun, and point it at others. As a previously convicted felon, Roundtree is prohibited from possessing a firearm or ammunition under federal law.

On February 26, 2015, law enforcement executed a search warrant at the trap house and recovered a loaded firearm. Forensic testing confirmed Roundtree’s DNA on the firearm and ammunition magazine. Agents also recovered an assortment of controlled substances, including heroin, marijuana, cocaine, prescription pills and drug paraphernalia.

“This sentencing represents ATF’s expertise in firearms investigations and is an example of how our law enforcement partnerships solve these unnecessary crimes that negatively impact the lives of the citizens that reside in the neighborhoods,” said ATF Special Agent in Charge Daryl McCrary.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sarasota County Sheriff’s Office, and the North Port Police Department. It was prosecuted by Assistant United States Attorneys Michael C. Baggé-Hernández and Kaitlin R. O’Donnell.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Tampa, FL – Chief U.S. District Judge Steven D. Merryday today sentenced James Lockhart (31, Bradenton) to the statutory maximum penalty of 70 years in federal prison for producing, distributing, and possessing child pornography.

Lockhart had pleaded guilty on March 26, 2019.

According to court documents, between March 2016 and February 2018, Lockhart produced a sexually violent four-video series of child sex abuse where he recorded himself having sex with a one-year-old child. He then distributed the videos on a dark web forum. In the videos, Lockhart displayed signs bearing the dark web forum’s name and his online moniker in order to gain notoriety in the forum and elsewhere. In addition to the dark web series, Lockhart created other sex abuse videos and images of the child. He also bragged of sexually abusing a second one-year-old child.

Lockhart also collected child pornography involving other victims. Following the execution of a search warrant at Lockhart’s residence, authorities seized devices containing 43 videos depicting child pornography and at least 4,000 images of child pornography. Lockhart’s child pornography collection included infants and sadomasochistic and violent conduct.

“This deviant committed the most horrible atrocities imaginable to a one-year-old child,” said HSI Tampa Assistant Special Agent in Charge Michael B. Cochran. “HSI’s national and international partnerships have helped ensure that this predator will never again harm a child.”

This case was investigated by the Department of Homeland Security, Homeland Security Investigations (Boston and Tampa), with assistance from the Queensland Police Service, Commonwealth of Australia. It was prosecuted by Assistant United States Attorney Frank Murray.

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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Morris Dewayne Carroll (45, Orlando) to nine years in federal prison for possessing a firearm as a convicted felon. Carroll had pleaded guilty on April 18, 2019.  

According to court documents, on January 25, 2019, officers from Homeland Security Investigations and the Metropolitan Bureau of Investigation encountered Carroll at an Orlando-area hotel. Carroll was the subject of an outstanding felony arrest warrant. When officers executed the arrest, they found him in possession of a loaded, stolen handgun. Carroll’s criminal history includes convictions for sexual battery, failure to register as a sex offender, delivery of cocaine, unlawful discharging of a firearm, and domestic assault. As a previously convicted felon, Carroll is prohibited from possessing firearms or ammunition under federal law. 

“HSI has formed a strong partnership with the Metropolitan Bureau of Investigation, and we have continued to leverage our authorities to keep our communities safe,” said HSI Orlando Assistant Special Agent in Charge David Pezzutti. “Bringing criminals to justice is a collective team effort by law enforcement.”

This case was investigated by United States Homeland Security Investigations and the Metropolitan Bureau of Investigation. It was prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of Principal Legal Advisor, ICE.

The owner of a Jacksonville, Florida-area substance abuse treatment center pleaded guilty today for his role in a $57 million money laundering conspiracy associated with a pass-through billing scheme involving laboratory testing services.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Rachel Rojas of the FBI’s Jacksonville Field Office, Deputy Assistant Inspector General Thomas W. South of the U.S. Office of Personnel Management-Office of Inspector General (OPM-OIG), Special Agent in Charge Rafiq Ahmad of the U.S. Department of Labor-Office of Inspector General (DOL-OIG) and Special Agent in Charge Basil P. Demczak of the Amtrak Office of Inspector General (Amtrak-OIG) made the announcement.  

Kyle Ryan Marcotte, 36, of Jacksonville Beach, Florida, pleaded guilty before U.S. Magistrate Judge Joel Toomey of the Middle District of Florida to a one-count information charging him with conspiracy to commit money laundering.  As part of his guilty plea, Marcotte agreed to a forfeiture judgment of $10,220,281.42.  Sentencing before U.S. District Judge Timothy Corrigan of the Middle District of Florida has not yet been scheduled.

According to admissions made as part of his guilty plea, Marcotte was the owner of a substance abuse treatment facility in Jacksonville Beach, Florida.  In approximately 2015, Marcotte entered into an arrangement with a laboratory owner to send urine samples for the facility’s patients to the owner’s lab for urine drug testing (UDT), in exchange for receiving 40 percent of the insurance reimbursements.  The lab owner, in turn, arranged with the managers of Campbellton–Graceville Hospital (CGH) and Regional General Hospital Williston (RGH), rural hospitals in Florida, to have the testing billed to private insurers through CGH and RGH and reimbursed at favorable rates under the hospitals’ in-network contracts with insurers.  Marcotte also admitted that he brokered deals with other substance abuse treatment centers to have their UDTs billed through CGH and RGH in exchange for Marcotte receiving 10 percent of the insurance reimbursements, while the other substance abuse facilities would receive 30 percent of the insurance reimbursements.

The lab owner subsequently acquired Chestatee Hospital, in Dahlonega, Georgia, and other rural hospitals.  Marcotte admitted that he continued to supply samples from his substance abuse treatment facility and continued to broker deals with other substance abuse treatment centers to have UDTs tested at the lab and billed to insurers through Chestatee and the other hospitals, all in exchange for a percentage of the insurance reimbursements.  The reimbursements were transmitted from the hospitals to the lab, which then transmitted them to two companies Marcotte controlled, North Florida Labs and KTL Labs using financial transactions and bank accounts that Marcotte had established to facilitate the payments.  Marcotte arranged to transfer a portion of the reimbursements from KTL Labs as kickbacks to the individuals and companies that controlled the substance abuse treatment centers in order to further the fraudulent scheme.  Marcotte also transferred a portion of the reimbursements to himself and to purchase real estate and items of real property, he admitted.

Marcotte caused $50 million in payments to be made from KTL Labs’ bank accounts to at least 88 companies and individuals associated with substance abuse treatment centers that supplied urine samples for testing.  The total amount of money that was part of the money laundering  scheme was $57.3 million, Marcotte admitted.

The case was investigated by the FBI, OPM-OIG, DOL-OIG and Amtrak OIG.  Trial Attorneys Gary A. Winters and James V. Hayes of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tysen Duva of the Middle District of Florida are prosecuting the case.

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Jacksonville, FL – The owner of a Jacksonville, Florida-area substance abuse treatment center pleaded guilty today for his role in a $57 million money laundering conspiracy associated with a pass-through billing scheme involving laboratory testing services.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Rachel Rojas of the FBI’s Jacksonville Field Office, Deputy Assistant Inspector General Thomas W. South of the U.S. Office of Personnel Management-Office of Inspector General (OPM-OIG), Special Agent in Charge Rafiq Ahmad of the U.S. Department of Labor-Office of Inspector General (DOL-OIG) and Special Agent in Charge Basil P. Demczak of the Amtrak Office of Inspector General (Amtrak-OIG) made the announcement.  

Kyle Ryan Marcotte, 36, of Jacksonville Beach, Florida, pleaded guilty before U.S. Magistrate Judge Joel Toomey of the Middle District of Florida to a one-count information charging him with conspiracy to commit money laundering.  As part of his guilty plea, Marcotte agreed to a forfeiture judgment of $10,220,281.42.  Sentencing before U.S. District Judge Timothy Corrigan of the Middle District of Florida has not yet been scheduled.

According to admissions made as part of his guilty plea, Marcotte was the owner of a substance abuse treatment facility in Jacksonville Beach, Florida.  In approximately 2015, Marcotte entered into an arrangement with a laboratory owner to send urine samples for the facility’s patients to the owner’s lab for urine drug testing (UDT), in exchange for receiving 40 percent of the insurance reimbursements.  The lab owner, in turn, arranged with the managers of Campbellton–Graceville Hospital (CGH) and Regional General Hospital Williston (RGH), rural hospitals in Florida, to have the testing billed to private insurers through CGH and RGH and reimbursed at favorable rates under the hospitals’ in-network contracts with insurers.  Marcotte also admitted that he brokered deals with other substance abuse treatment centers to have their UDTs billed through CGH and RGH in exchange for Marcotte receiving 10 percent of the insurance reimbursements, while the other substance abuse facilities would receive 30 percent of the insurance reimbursements.

The lab owner subsequently acquired Chestatee Hospital, in Dahlonega, Georgia, and other rural hospitals.  Marcotte admitted that he continued to supply samples from his substance abuse treatment facility and continued to broker deals with other substance abuse treatment centers to have UDTs tested at the lab and billed to insurers through Chestatee and the other hospitals, all in exchange for a percentage of the insurance reimbursements.  The reimbursements were transmitted from the hospitals to the lab, which then transmitted them to two companies Marcotte controlled, North Florida Labs and KTL Labs using financial transactions and bank accounts that Marcotte had established to facilitate the payments.  Marcotte arranged to transfer a portion of the reimbursements from KTL Labs as kickbacks to the individuals and companies that controlled the substance abuse treatment centers in order to further the fraudulent scheme.  Marcotte also transferred a portion of the reimbursements to himself and to purchase real estate and items of real property, he admitted.

Marcotte caused $50 million in payments to be made from KTL Labs’ bank accounts to at least 88 companies and individuals associated with substance abuse treatment centers that supplied urine samples for testing.  The total amount of money that was part of the money laundering  scheme was $57.3 million, Marcotte admitted.

The case was investigated by the FBI, OPM-OIG, DOL-OIG and Amtrak OIG.  Trial Attorneys Gary A. Winters and James V. Hayes of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tysen Duva of the Middle District of Florida are prosecuting the case.

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Christopher Shawn Potter (50, Jacksonville) to 11 years in federal prison for distributing child pornography. Potter was also ordered to serve a 20-year term of supervised release, and must pay $3,000 in restitution to a victim of his offense. Potter had pleaded guilty on April 8, 2019.

Potter worked as a teacher at Clay High School in Green Cove Springs from 2016 to 2017, and was a teacher at Orange Park High School from 1997 to 2004.    

According to court documents, in February 2018, using the screen name “Mr. Fireball,” Potter engaged in online conversations with an undercover officer who was posing as a 14-year-old child. During these conversations, Potter discussed meeting the “child” for sex. Potter sent the “child” a video depicting a young child being sexually abused, and also sent a video of Potter performing a sexual act.  

On September 20, 2018, HSI agents and other law enforcement officers executed a search warrant at Potter’s residence and seized several electronic devices.  During an interview, Potter admitted sending child pornography and stated that he fantasizes about sexual acts with young girls. Potter’s smart phone contained 15 videos and 6 images depicting child pornography, as well as logs of online conversations on social media in which Potter discussed his sexual fantasies involving children.    

“This child predator has worked in positions of trust and authority, so to get him off our streets and out of our local schools has made the community safer for everyone,” said HSI Tampa Special Agent in Charge James C. Spero. “This case is an example of HSI working with our local law enforcement partners to bring criminals to justice.”   

This case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations, the Orange Park Police Department, the Putnam County Sheriff’s Office, the Clay County Sheriff’s Office, and the Palatka Police Department. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

It is another case 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.

 

Jacksonville, Florida – Lonnie Lawrence Mercer, Jr. (40, Jacksonville) has pleaded guilty to possession of child pornography. Mercer faces a maximum penalty of 20 years in federal prison, up to a life term of supervised release, and has agreed to pay restitution to the victim of his offense. A sentencing date has not yet been set.

According to the plea agreement, Mercer possessed images of child pornography on his cellphone depicting a 10-year-old child with her shorts and underwear pulled to the side, revealing her genitalia. The child’s mother told law enforcement that she discovered 8-10 explicit photos of her daughter’s genitalia on Mercer’s phone and confronted him, after which a physical altercation ensued.

The 10-year-old child reported that Mercer would always help her stretch and suggested that she occasionally noticed Mercer’s camera phone open while her legs were open and he helped her stretch. The child explained that Mercer would sometimes adjust her underwear to “cover [her] privates” while she was stretching. This case was investigated by Homeland Security Investigations and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.

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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Terrese Colston (29, Polk County) to 30 years in federal prison for carjacking, brandishing a firearm during and in relation to a crime of violence, and possessing a firearm and ammunition as a convicted felon. The sentence consists of 15 years’ imprisonment on the carjacking charge, 15 years’ imprisonment (consecutive) on the firearm brandishing charge, and 10 years’ imprisonment (concurrent) on the felon-in-possession charge.

According to court documents and evidence presented at sentencing, on July 11, 2018, the victim was in his parked car on East Lemon Street, Lakeland when Colston approached the driver’s side window, pointed a loaded revolver at the victim, and told him to get out of the car. The victim was in fear for his life and complied. Colston then got into the victim’s car and drove away. A few hours later, a Lakeland police officer spotted the stolen Mazda and attempted to pull it over. Colston crashed the car and fled on foot. When the officer finally caught up to Colston and attempted to stop him using a Tazer, Colston turned around and shot the officer in the face. The officer survived and returned fire, striking Colston in the leg. Other officers arrived and took Colston into custody.

United States Attorney Maria Chapa Lopez said, “My Office backs our men and women in blue. The prosecution of all violent crime, including against law enforcement officers, is a top priority for me.”

“This sentencing should send a strong message that violence against law enforcement who are working to serve and protect communities will not be tolerated,” said ATF Special Agent in Charge Daryl McCrary. “Our strong partnerships continue to reduce violent firearms crime and mitigate dangerous individuals from committing further acts of violence.”

Lakeland Police Chief Ruben Garcia said, “The members of the Lakeland Police Department are grateful to our federal law enforcement partners at the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office for the successful prosecution of this case and the incarceration of a violent felon to safeguard the citizens of our community.”

This case was brought in furtherance of the President’s February 9, 2017 Executive Order on Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers (EO). The EO established that it is the policy of the executive branch to enhance the protection and safety of federal, state, tribal, and local law enforcement officers, and thereby all Americans.

This case was also brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Lakeland Police Department. It was prosecuted by Assistant United States Attorney Christopher F. Murray.

Tampa, Florida – U.S. Attorney Maria Chapa Lopez announces the arrest of Robert Ray Williams (62, Tampa) on a criminal complaint charging him with attempted human trafficking of a minor. If convicted, Williams faces a minimum mandatory sentence of 10 years, and up to life, in federal prison.

According to the complaint, on June 26, 2019, Williams texted a phone number listed in an online advertisement offering young females for sex. An undercover agent responded to Williams’s inquiry about the girls and offered Williams a 14 and a 15-year-old girl for commercial sex. Williams requested the 14-year-old. Williams was then instructed to meet at a location in Tampa the next day. On June 27, 2019, Williams arrived at the agreed upon location and paid an undercover agent $200 for sex with who he believed was a 14-year-old girl. He then proceeded into a trailer where he believed the child was waiting. Once inside the trailer, Williams was taken into custody.

A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case is being investigated by the Department of Homeland Security’s Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Candace Rich.  

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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the arrest of Ali Hussein Salamey (37, Tampa) for international parental kidnapping. If convicted, Salamey faces a maximum penalty of three years in federal prison. Salamey was arrested on a federal complaint on June 21, 2019, in Atlanta, Georgia as he exited an international flight.

According to the complaint, in July 2018, Salamey, who has joint citizenship in the United States and Lebanon, fraudulently obtained Lebanese citizenship and a passport for his then three-year-old son without the mother’s knowledge or consent and in violation of a family court order. Salamey obtained Lebanese citizenship and the passport for his child, who was born in and resided in Tampa, by providing the Lebanese consulate with a fraudulent family court document that had been altered by Salamey to show Salamey had sole parental responsibility and custody of the child. 

On August 27, 2018, Salamey and the child left the United States and traveled to Lebanon in violation of a shared custody order. Once he arrived in Lebanon, Salamey denied the mother access to her child. 

As a result of coordination between the FBI, U.S. diplomatic staff in Lebanon, and the Lebanese government, Salamey agreed on June 20, 2019, to return to the United States with the child. Salamey and the child flew from Lebanon through Paris to Atlanta, where Salamey was arrested by the FBI and the child was reunited with his mother.

A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Mandy Riedel.

Tampa, FL – A federal jury found the owner of a Tampa-area medical marketing company guilty today for his role in an over $2.2 million Medicare fraud scheme involving the payment of kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Michael McPherson of the FBI’s Tampa Field Office and Assistant Inspector General Shimon Richmond of the U.S. Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.

Following a four-day trial, David Brock Lovelace, 49, of Land o’ Lakes, Florida, the owner of DBL Management LLC was found guilty of one count of conspiracy to pay health care kickbacks and one count of structuring currency transactions to avoid reporting requirements.  Lovelace is expected to be sentenced on Oct. 2, 2019, by U.S. District Judge Susan C. Bucklew of the Middle District of Florida, who presided over the trial.

According to the evidence presented at trial, Lovelace was paid by Clinical Laboratory Company A for each DNA swab that Lovelace arranged to be referred to the laboratory.  In order to obtain DNA swabs, Lovelace paid cash kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries.  Lovelace directed the owners of the medical clinics to collect the DNA of all of the patients at the clinics, regardless of medical necessity.

In the first phase of the scheme, from November 2013 to May 2014, the evidence at trial showed that Lovelace paid these cash kickbacks directly.  In the second phase of the scheme, from May 2014 to November 2014, after his arrest on other charges, Lovelace established shell companies, including Healthcare Marketing Florida of Melbourne, Florida, and conspired with nominee owners to facilitate the payment of kickbacks, receipt of fraud proceeds, and transfer of unlawfully obtained DNA samples for medically unnecessary testing.  Over the course of the entire conspiracy, Clinical Laboratory Company A submitted over $2.2 million in genetic testing claims and paid Lovelace a percentage of the Medicare reimbursements that it received.

In order to conceal his payment of illegal cash kickbacks, the evidence at trial showed that Lovelace would travel to different ATM’s and bank branches throughout Southern Florida and make separate withdrawals of thousands of dollars in cash in order to avoid the filing of U.S. Department of Treasury “currency transaction reports” for an individual withdrawal of over $10,000.

Lovelace was previously found guilty by a jury in December 2015 of various health care fraud, money laundering and identity theft charges in a case handled by the Criminal Division’s Fraud Section. He is currently serving 14 years in prison.  

The case was investigated by the FBI and HHS, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the U.S. Department of Justice, Criminal Division, Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida.  The case is being prosecuted by Trial Attorney John Michelich and Acting Assistant Chief Jacob Foster of the Fraud Section.

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Adrian Gomez (20, Orlando) to 15 years in federal prison for committing armed robberies of a pizza delivery driver, a taxi cab driver, and a shoe salesman, and for brandishing and possessing firearms during crimes of violence. Gomez had pleaded guilty on March 27, 2019. 

According to court documents, on September 11, 2018, Gomez robbed a Pizza Hut delivery driver at gunpoint, taking approximately $190 in cash, as well as a number of Pizza Hut products. On September 16, 2018, Gomez robbed a shoe salesman at gunpoint, taking from him several pair of shoes worth approximately $800. The following day, Gomez robbed a taxicab driver at gunpoint, taking the driver’s watch, wallet, iPhone X, and approximately $100 in cash.

This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

This case was brought as part of Project Safe Neighborhoods (“PSN”). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Christopher Coburn (34, Winter Garden) guilty of five counts of bankruptcy fraud and two counts of falsification of records in a bankruptcy proceeding. He faces a maximum penalty of 5 years’ imprisonment for each bankruptcy fraud count and up to 20 years in prison for each falsification of records count. His sentencing hearing has been scheduled for September 9, 2019.

According to testimony and evidence presented at trial, Coburn solicited homeowners whose mortgages were in default and offered to rescue their homes from foreclosure. In order to prevent the Federal National Mortgage Association (“Fannie Mae”) and multiple financial institutions holding mortgages from lawfully foreclosing on homeowners’ properties, Coburn engaged a bankruptcy fraud scheme in which he filed or caused to be filed fraudulent bankruptcy petitions in the name of the homeowner, without homeowner’s knowledge or consent, just prior to the scheduled foreclosure sale dates. These fraudulent bankruptcies invoked the automatic stay provision of the bankruptcy code, preventing Fannie Mae and the financial institutions from conducting lawful foreclosure sales and obtaining title to the property. The fraudulent bankruptcy petitions filed by Coburn enabled him to collect fees and allowed him to refer the properties to real estate agents in order to obtain ill-gotten commissions for short-sales. Coburn also filed other false and fraudulent bankruptcy forms in the names of some homeowners relied on by the Office of the United States Trustee and the United States Bankruptcy Court for the Middle District of Florida.

This case was investigated by the Federal Housing Finance Agency—Office of Inspector General, with substantial assistance from the Office of the United States Trustee for the Middle District of Florida. It is being prosecuted by Special Assistant United States Attorney Chris Poor.

Encompass Health Corporation (formerly known as HealthSouth Corporation), the nation’s largest operator of inpatient rehabilitation facilities (IRFs), has agreed to pay $48 million to resolve allegations that some of its IRFs provided inaccurate information to Medicare to maintain their status as an IRF and to earn a higher rate of reimbursement, and that some admissions to its IRFs were not medically necessary.

“This settlement demonstrates our commitment to ensuring that those who participate in federal healthcare programs follow the rules,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Medicare and Medicaid providers who seek to profit inappropriately at the expense of taxpayers will be held accountable.”

Medicare and Medicaid use information about patients’ diagnoses to determine whether a facility is properly classified as an IRF, and to determine the level of reimbursement the facility is awarded for specific patients. The government alleged that beginning in 2007, in order to insure compliance with Medicare’s rules regarding classification as an IRF, and to increase Medicare reimbursement, some Encompass IRFs falsely diagnosed patients with what they referred to as “disuse myopathy” when there was no clinical evidence for this diagnosis. Additionally, Encompass IRFs allegedly admitted patients who were not eligible for admission to an IRF because they were too sick or disabled to participate in or benefit from intensive inpatient therapy.

“This important civil settlement concludes a lengthy, comprehensive investigation that brought to light a nationwide scheme that the government contends was intended to defraud our fragile public health programs,” said U.S. Attorney Maria Chapa Lopez. “In doing so, we confirm our commitment to civil health care fraud enforcement as a key component of the mission of our office.”

The settlements resolve allegations raised in three lawsuits filed by Dr. Emese Simon M.D., a former contract physician employed at an Encompass inpatient rehabilitation facility in Sarasota, Florida; Melissa Higgins the former Director of Therapy Operations at Encompass’s inpatient rehabilitation facility in Arlington, Texas; and Dr. Darius Clarke M.D. the former Medical Director at Encompass’s inpatient rehabilitation facility in Richmond, Virginia, and his company, Restorative Health & Wellness P.L.L.C. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. Here, the whistleblowers collective share of the settlement will be $12.4 million.

The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the Unite States Attorney’s Office for the Middle District of Florida, and the U.S. Department of Health and Human Services Office of Inspector General.        

The three cases are captioned United States ex rel. Simon, et al. v. HealthSouth Corp., et al.; Case No. 08-CV-236 (M.D. Fla.); United States ex rel. Higgins v. HealthSouth Corp.; Case No. 3:12 CV 2496 (N.D. Tex.); and United States ex rel. Clarke et al. v. HealthSouth Corp.; Case No. 1:12 CV 853 (E.D. Va.). The claims resolved by the settlement are allegations only, and there has been no determination of liability. 

WASHINGTON – Encompass Health Corporation (formerly known as HealthSouth Corporation), the nation’s largest operator of inpatient rehabilitation facilities (IRFs), has agreed to pay $48 million to resolve allegations that some of its IRFs provided inaccurate information to Medicare to maintain their status as an IRF and to earn a higher rate of reimbursement, and that some admissions to its IRFs were not medically necessary.

“This settlement demonstrates our commitment to ensuring that those who participate in federal healthcare programs follow the rules,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division.  “Medicare and Medicaid providers who seek to profit inappropriately at the expense of taxpayers will be held accountable.”

Medicare and Medicaid use information about patients’ diagnoses to determine whether a facility is properly classified as an IRF, and to determine the level of reimbursement the facility is awarded for specific patients. The government alleged that beginning in 2007, in order to insure compliance with Medicare’s rules regarding classification as an IRF, and to increase Medicare reimbursement, some Encompass IRFs falsely diagnosed patients with what they referred to as “disuse myopathy” when there was no clinical evidence for this diagnosis.  Additionally, Encompass IRFs allegedly admitted patients who were not eligible for admission to an IRF because they were too sick or disabled to participate in or benefit from intensive inpatient therapy.

“This important civil settlement concludes a lengthy, comprehensive investigation that brought to light a nationwide scheme that the government contends was intended to defraud our fragile public health programs,” said U.S. Attorney Maria Chapa Lopez. “In doing so, we confirm our commitment to civil health care fraud enforcement as a key component of the mission of our office.”

The settlements resolve allegations raised in three lawsuits filed by Dr. Emese Simon M.D., a former contract physician employed at an Encompass inpatient rehabilitation facility in Sarasota, Florida; Melissa Higgins the former Director of Therapy Operations at Encompass’s inpatient rehabilitation facility in Arlington, Texas; and Dr. Darius Clarke M.D. the former Medical Director at Encompass’s inpatient rehabilitation facility in Richmond, Virginia, and his company, Restorative Health & Wellness P.L.L.C. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. Here, the whistleblowers collective share of the settlement will be $12.4 million.

The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the Unite States Attorney’s Office for the Middle District of Florida, and the U.S. Department of Health and Human Services Office of Inspector General.  In the Middle District of Florida, the case was handled by Assistant United States Attorney Sean O'Keefe.

The three cases are captioned United States ex rel. Simon, et al. v. HealthSouth Corp., et al.; Case No. 08-CV-236 (M.D. Fla.); United States ex rel. Higgins v. HealthSouth Corp.; Case No. 3:12 CV 2496 (N.D. Tex.); and United States ex rel. Clarke et al. v. HealthSouth Corp.; Case No. 1:12 CV 853 (E.D. Va.). The claims resolved by the settlement are allegations only, and there has been no determination of liability. 

Jacksonville, Florida – Jimmie Dwight Whitfield (43, Atlantic Beach) has pleaded guilty to failing to register as a sex offender after absconding from Georgia and establishing residence in Florida. He faces up to 10 years in federal prison and a $250,000 fine. His sentencing hearing is scheduled for October 1, 2019.       

According to court documents, in 1995, Whitfield was convicted of committing a sex offense against a child in Jacksonville. In 2006, he was convicted of two sex offenses in Valdosta, Georgia. Following his release from prison, Whitfield resided at a motel in Valdosta while serving a term of supervised probation. In March 2018, he cut off his ankle monitor, fled to Florida, and established a residence in Atlantic Beach. Whitfield failed to register as a sex offender in Florida as required by federal and state law. On October 25, 2018, he was arrested at his home in Atlantic Beach for violating his probation. During an interview, Whitfield admitted that he had he cut off his ankle monitor and that he knew he was not allowed to leave Georgia without permission.

The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the United States Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders. 

This case was investigated by the United States Marshals Service, the Lowndes County (Georgia) Sheriff’s Office, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

It is another case 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.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Reginald Green II (36, Orlando) to 23 months in federal prison for theft and embezzlement of client funds by a bank employee. A jury had found Green guilty on December 6, 2018.

According to testimony and evidence presented at trial, between 2011 and 2018, Green, a SunTrust Bank employee, stole more than $171,000 from a bank customer. Green withdrew more funds then the bank client had authorized, he then directed the extra funds into several different bank accounts that he controlled. At different times during the scheme, Green took the stolen funds to pay down his own mortgage and auto loans. Upon discovering the theft, in April 2018, SunTrust immediately fired Green and reimbursed the bank customer for the stolen funds.  

This case was investigated by the United States Postal Inspection Service and the United States Secret Service. It was prosecuted by Assistant United States Attorney Sean P. Shecter.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Shannon Bentley (33, Sorrento) to nine years and three months in federal prison for credit card fraud and aggravated identity theft. The court also ordered restitution to be paid by the co-defendants, to the victims, in the amount of $812,990.53.   

Bentley had pleaded guilty on January 22, 2019. 

According to court documents and evidence presented at the hearing, from August 2014 through July 2018, Bentley obtained personal identifying information (“PII”) from victims, obtained fake credit card accounts and cards in the victims’ names or linked to their accounts, and used those credit cards to obtain goods, gift cards and cash at retail establishments and banks throughout Orlando and surrounding areas. Bentley was the leader of a broad group of conspirators that used sophisticated means to facilitate this fraud, and exploited the advanced age of their elderly victims to steal their identity, causing them to incur exorbitant fraudulent charges. The total amount of loss as a result of the scheme was estimated to be over $812,000, involving the compromise of hundreds of credit card accounts.

Co-conspirators Lenardra Griffin (30, Grand Island) and Christina Scott (35, Umatilla) have also pleaded guilty in connection with this scheme. They are scheduled to be sentenced in September 2019.

This case was investigated by the United States Postal Inspection Service and the Florida Department of Law Enforcement, with assistance from the Orange Count Sherriff’s Office and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness. 

A federal jury found the owner of a Tampa, Florida-area medical marketing company guilty today for his role in an over $2.2 million Medicare fraud scheme involving the payment of kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Michael McPherson of the FBI’s Tampa Field Office and Assistant Inspector General Shimon Richmond of the U.S. Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.

Following a four-day trial, David Brock Lovelace, 49, of Land o’ Lakes, Florida, the owner of DBL Management LLC was found guilty of one count of conspiracy to pay health care kickbacks and one count of structuring currency transactions to avoid reporting requirements.  Lovelace is expected to be sentenced on Oct. 2, 2019, by U.S. District Judge Susan C. Bucklew of the Middle District of Florida, who presided over the trial..

According to the evidence presented at trial, Lovelace was paid by Clinical Laboratory Company A for each DNA swab that Lovelace arranged to be referred to the laboratory.  In order to obtain DNA swabs, Lovelace paid cash kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries.  Lovelace directed the owners of the medical clinics to collect the DNA of all of the patients at the clinics, regardless of medical necessity. 

In the first phase of the scheme, from November 2013 to May 2014, the evidence at trial showed that Lovelace paid these cash kickbacks directly.  In the second phase of the scheme, from May 2014 to November 2014, after his arrest on other charges, Lovelace established shell companies, including Healthcare Marketing Florida of Melbourne, Florida, and conspired with nominee owners to facilitate the payment of kickbacks, receipt of fraud proceeds, and transfer of unlawfully obtained DNA samples for medically unnecessary testing.  Over the course of the entire conspiracy, Clinical Laboratory Company A submitted over $2.2 million in genetic testing claims and paid Lovelace a percentage of the Medicare reimbursements that it received. 

In order to conceal his payment of illegal cash kickbacks, the evidence at trial showed that Lovelace would travel to different ATM’s and bank branches throughout Southern Florida and make separate withdrawals of thousands of dollars in cash in order to avoid the filing of U.S. Department of Treasury “currency transaction reports” for an individual withdrawal of over $10,000. 

Lovelace was previously found guilty by a jury in December 2015 of various health care fraud, money laundering and identity theft charges in a case handled by the Criminal Division’s Fraud Section.  He is currently serving 14 years in prison.  

The case was investigated by the FBI and HHS, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the U.S. Department of Justice, Criminal Division, Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida.  The case is being prosecuted by Trial Attorney John Michelich and Acting Assistant Chief Jacob Foster of the Fraud Section.

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Jacksonville, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Cornelius Michael Turner (32, Jacksonville) with possessing a firearm as a convicted felon, possession with the intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Turner faces a mandatory minimum penalty of 20 years, and up to life, in federal prison. 

According to court documents, during a traffic stop conducted by the Jacksonville Sheriff’s Office, officers observed Turner in his vehicle stuffing things down his pants. During a subsequent pat down, a loaded firearm and cocaine were recovered from Turner’s pants. At the time, Turner had multiple prior felony drug convictions and was therefore prohibited from possessing a firearm or ammunition under federal law.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Ashley Washington and Kelly Karase.

Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

 

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Bryan Matthew Cooney (30, Casselberry) to 19 years in federal prison, to be followed by 30 years of supervised release, for possession of child pornography.  The court also ordered Cooney to forfeit a cellphone, which was used in furtherance of the commission of the offense.

According to court records, from September 19 through September 27, 2018, Cooney chatted with an FBI undercover agent (UC) though a social media application about sexually exploiting a 12-year-old girl, who Cooney alleged was his daughter.  During the chats, Cooney shared clothed images of the child with the UC and alleged to have had sexually abused and produced images of the girl engaged in sexually explicit conduct. 

On October 30, 2018, FBI agents executed a search warrant at Cooney’s residence and interviewed him.  Cooney admitted that he was the person chatting with the UC about sexually exploiting a 12-year-old child, who was actually his friend’s daughter.  Cooney indicated that he obtained images of the girl from his friend’s Facebook page and shared them with the UC during chats. Cooney said that he had been viewing child pornography for the past four of five years and gave the agents access to his Dropbox account, where they found hundreds of videos and numerous images of child pornography. The images depict bestiality and other acts of sadistic conduct against children between the ages of 4 and 10. 

Additionally, in a subfolder, Cooney had images of his Facebook friend’s daughters.  Cooney had posted some of those images on a social media application while pretending that one of the children was his alleged 12-year-old daughter. Cooney did this in an effort to obtain images of child pornography from other online users.  The subfolder was identified with the child’s real name.

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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.   

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Charles S. Leis (48, Tampa) to 20 years in federal prison, to be followed by 25 years of supervised release, for attempted enticement of minors to engage in sexual activity and for possessing child pornography. The court also ordered Leis to pay $16,500 in restitution and to forfeit a laptop and a hard drive, which were used in furtherance of the commission of the offenses. Leis had pleaded guilty on March 26, 2019.

According to the plea agreement, on October 24, 2018, an FBI special agent in Orange County, Florida initiated an undercover investigation within an online chat group that alluded to “family fun.” Leis joined the chat group and initiated conversations with the undercover agent, who identified himself as the father of two girls, ages 9 and 11. During the span of several days, Leis solicited sex from the minors. In that process, Leis distributed images of child pornography to the “father” in an effort to prove that he was “real” about his intent to engage the “girls” in sexual activity. Leis made plans to meet the “girls” in Tampa on November 2, 2018. However, on that date, the agent could not locate Leis at the agreed upon location.

Further investigation revealed that around the same time (October 2018), Leis had been in contact with another FBI agent through another chat group. That undercover agent was acting as the father of 6 and 7-year-old girls. Leis also distributed child pornography to that agent and requested to have sexual intercourse with his “children.” 

On November 29, 2018, FBI agents executed a search warrant at Leis’s home in Tampa and seized his computer. The computer had depictions of girls between 3 and 10 years of age engaged in sexually explicit conduct.  

This case was investigated by the Federal Bureau of Investigation and the Naval Criminal Investigative Service. It was prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda and Francis D. Murray.

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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Ocala, Florida – Senior U.S. District Judge John Antoon II today sentenced Trinidad Flores-Navarro (43, Mexico) to 2 years and 11 months in federal prison for possessing a firearm as an illegal alien. The court also ordered Flores-Navarro to forfeit a handgun and ammunition. Flores-Navarro had pleaded guilty on March 25, 2019.

According to evidence presented in court, on January 10, 2019, Florida Highway Patrol troopers conducted a traffic stop on an automobile in Sumter County. The passenger, Flores-Navarro, had an ammunition magazine in his pocket. A subsequent search of the vehicle’s center console revealed a loaded 9mm handgun with an additional ammunition magazine. Flores-Navarro, an illegal alien from Mexico, admitted that the firearm belonged to him. He also told the troopers that he had illegally re-entered the United States in 2017, following a federal conviction for cocaine distribution.

This case was investigated by U.S. Customs and Border Protection and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorneys Michael P. Felicetta and Robert E. Bodnar, Jr.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Edward Leonard Wells, Jr. (34, North Carolina) to two years and eight months in federal prison for conspiracy to commit healthcare fraud and aggravated identity theft. On April 18, 2019, Wells’s estranged wife, Alcira Mercedes Wells (34, Connecticut), was sentenced to 18 months in federal prison for conspiracy to commit healthcare fraud.  The court also entered a money judgment of $32,747.93, the proceeds of the healthcare fraud conspiracy. Alcira Wells and Edward Wells had pleaded guilty in January 2019.

According to court documents, starting in September 2014 and continuing through February 2015, Alcira Mercedes Wells was a marketing representative for Centurion Compounding, Inc. As such, she earned and was promised commissions for each paid claim resulting from compounded creams marketed by Centurion and prescribed to a health care plan beneficiary recruited by Alcira Wells or other marketing representatives working for her. 

Centurion was a marketing firm located in Pasco County that employed representatives to market compounded medications, specifically creams for pain and scars, among others, to beneficiaries of health care benefit programs, particularly TRICARE. These creams ranged in price from approximately $900 to $21,000 for a one-month supply. Centurion paid its marketing representatives a percentage of each paid claim, which ranged from 15-30% of the total claim amount.

Edward Leonard Wells, Jr. was married to Alcira Wells and worked as a Staff Sergeant in the United States Army stationed at Ft. Bragg in North Carolina.

Alcira and Edward Wells conspired to photocopy or otherwise duplicate a doctor’s signature, name, address, NPI number, and DEA number from an authorized prescription for these compounded creams onto scores of forged prescription forms in order to make claims for Centurion marketed creams for TRICARE beneficiaries whom the doctor never saw. This includes claims for prescription compounded creams for the Wells’s own family members, such as their three minor children. Alcira and Edward Wells then submitted and caused to be submitted dozens of fake and fraudulent prescriptions for Centurion-marketed compounded medications for U.S. Army personnel stationed at Ft. Bragg. The purported prescriber of these prescriptions never wrote, authorized, or knew about them.

Edward Wells recruited personnel stationed with him at Ft. Bragg, most of whom were subordinate in rank to him, and paid and offered to pay these TRICARE beneficiaries to obtain the compounded creams.

Alcira and Edward Wells caused TRICARE to be billed at least $1.24 million and TRICARE paid more than $1 million as a result of false and fraudulent claims submitted and caused to be submitted by them during the conspiracy. 

This case was investigated by the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services - Office of Inspector General, the Federal Bureau of Investigation, the U.S. Army Criminal Investigation Command, and the Naval Criminal Investigative Service. It was prosecuted by Assistant United States Attorney Mandy Riedel.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Jaimi Hawkins (51, Winter Springs) guilty of theft of government funds and making a false statement to a federal agency. Hawkins faces a maximum penalty of 10 years in federal prison for the theft offense and up to 5 years’ imprisonment for the false statement offense. Her sentencing hearing is scheduled for September 2, 2019.

Hawkins was indicted on February 13, 2019.

According to evidence presented at trial, Hawkins made omissions and misrepresentations regarding her son’s living arrangements on an application for Supplemental Security Income. She also made misrepresentations and omissions regarding her son’s living arrangements during a subsequent benefit review interview. Hawkins knew that her son’s true living arrangements would have made him ineligible for benefits. As a result of the omissions and misrepresentations, Hawkins obtained $30,705 in Supplemental Security Income benefits to which she was not entitled.

Hawkins also made false statements to the Social Security Administration regarding how she spent the Supplemental Security Income benefits received on behalf of her son. 

This case was investigated by the Social Security Administration, Office of the Inspector General. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler and Assistant United States Attorney Emily Chang.

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Tyrone Yancey (49, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Yancey to forfeit the firearms and ammunition. Yancey had pleaded guilty on March 27, 2019.

According to court documents, on August 21, 2018, the Sarasota Police Department, assisted by the Bureau of Alcohol, Firearms and Explosives, executed a search warrant at Yancey’s home. Inside, officers found two pistols, 50 rounds of ammunition, and various controlled substances, including cocaine base. Yancey admitted that the firearms, ammunition, and controlled substances belonged to him. Yancey, who had previously been convicted of multiple felonies, was prohibited from possessing a firearm or ammunition.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.

This case was brought as part of Project Safe Neighborhoods (“PSN”). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Catrell Ivory (28, Orlando) to 26 years and 7 months in federal prison for committing armed robberies at two Orlando Walmart stores, attempting to commit an armed robbery at a third Walmart store, and brandishing and possessing firearms during crimes of violence. 

Ivory was found guilty on January 30, 2019, following a jury trial. 

According to court documents and evidence presented at trial, shortly after midnight on June 2, 2017, Ivory and his accomplices robbed the Walmart Neighborhood Market located at 5559 Clarcona Ocoee Road in Orlando. One of the robbers fired a shot in the direction of a store employee. On July 31, 2017, at approximately 3 a.m., Ivory and his accomplices robbed the Walmart Neighborhood Market located at 2715 South Orange Avenue in Orlando. During the robberies, Ivory and his accomplices forced store employees into the cash room at gunpoint and stole cash from the safe while holding customers and employees at gunpoint at the front of the store. On August 10, 2017, at approximately 6 a.m., Ivory and his accomplices attempted to rob a third Walmart Neighborhood Market located at 8801 Conroy Windermere Road in Orlando, but they were unable to get into the cash office.

During each incident, Ivory and his accomplices carried and brandished firearms and wore masks and gloves to conceal their identities. In total, Ivory and his accomplices stole more than $98,000.

This case was investigated by the Federal Bureau of Investigation, the Orange County Sheriff’s Office, the Osceola County Sheriff’s Office, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Dylan Ray Langley (24, Fort Myers) has pleaded guilty to use the U.S. Mail to threaten to injure an officer of the United States. Langley faces a maximum penalty of 10 years in federal prison.

According to court documents, while serving a state prison sentence for armed robbery, Langley mailed a letter to an Assistant United States Attorney. In his letter, Langley threatened to kill the prosecutor as revenge for his having prosecuted Langley’s “brother.” He also made serious threats against the prosecutor’s family. When interviewed by federal agents, Langley admitted that he had sent the letter and intended to carry out his threats. He explained that the letter’s mention of a “brother” did not refer to any biological brother, but rather a fellow gang member. Langley changed his story after an agent told him that if a state prisoner commits, and is convicted of, a federal crime, then the prisoner must serve his state sentence and then the federal sentence.  During a second interview with agents, Langley claimed that he never intended to carry out the threat and mistakenly had believed that threatening a federal official would result in him being moved from state custody into federal custody.

This case was investigated by Federal Bureau of Investigation, the U.S. Marshals Service, and the Florida Department of Corrections. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

 

Ocala, Florida – Senior U.S. District Judge James D. Whittemore today sentenced Juan Paulin-Leon (36, Mexico) to five years in federal prison for illegal re-entry into the United States by a previously deported alien. Paulin-Leon had pleaded guilty on March 6, 2019.

According to evidence presented in court, on January 27, 2019, the Marion County Sheriff’s Office arrested Paulin-Leon on a state criminal charge of operating a motor vehicle without a valid license. Following his arrest, the jail’s booking system automatically forwarded Paulin-Leon’s personal identifying information to officials with U.S. Immigration and Customs Enforcement (ICE), who confirmed through fingerprints and photographs that Paulin-Leon was illegally present in the United States from Mexico.

Paulin-Leon had previously been deported from the United States on two occasions—February 11, 2005 and January 4, 2013. He also had prior felony convictions for burglary (2001) and trafficking in drugs (2011).

This case was investigated by Enforcement and Removal Operations (Orlando), a component of ICE, and the Marion County Sheriff’s Office.  It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.