Middle District of Florida

Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Tony Marvin Johnson (34, Bradenton) to 10 years and 10 months in federal prison for possession of cocaine with intent to distribute. He had pleaded guilty on December 7, 2017.

According to court documents, on June 15, 2017, the Drug Enforcement Administration and the Manatee County Sheriff’s Office conducted surveillance of known narcotics trafficking locations in Manatee County, during which they observed a white Buick sedan leaving a suspected drug house and determined that the registered owner of the car had a suspended driver’s license. As officers attempted to initiate a traffic stop, the vehicle kept moving. When it finally stopped, Michael Bernard Code exited the passenger side of the car carrying a black object and fled on foot. Johnson, the driver, was patted down for weapons, during which a a pill bottle containing approximately 8.5 grams of a white substance was found. The substance field-tested positive for cocaine. Officers also recovered $237 from a fanny-pack that was strapped to Johnson’s waistband and another $207 from his front pants’ pockets.

Shortly thereafter, Code returned to the vehicle and was detained. Witnesses advised law enforcement that they saw Code throw objects on the ground in two separate locations. A search of those locations revealed a black magnetic type box containing the following: a digital scale, plastic baggies containing Xanax pills, approximately 13.5 grams of suspected fentanyl, 13 smaller baggies with suspected fentanyl weighing approximately 8.2 grams, and another baggy containing 26 individual small baggies, containing an off-white powdery substance weighing approximately 5.7 grams. The white substance field-tested positive for cocaine. The suspected fentanyl later lab-tested positive for MDMA.  

Code later told law enforcement that Johnson had told him to run from the car and get rid of the objects. Code also stated that he “tested” narcotics for Johnson. Johnson told agents that he sold crack cocaine to support his mother.

This case was investigated by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shauna S. Hale. 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.

Tampa, Florida – United States District Judge Virginia M. Hernandez Covington today sentenced Enite Alindor (55), also known as Odette Dureland, to five months in federal prison for making false statements in a matter relating to naturalization and citizenship and for procuring naturalization as a United States citizen. As part of her sentence, the court also entered an order de-naturalizing her, thus revoking her July 2012naturalization as a United States citizen. A federal jury had found her guilty on March 1, 2018.

According to court documents, Alindor, a citizen of Haiti, applied for asylum with the Immigration and Naturalization Service (INS) in Miami in 1997. After the INS denied that application, the United States Immigration Court ordered her to be removed from the United States. Shortly thereafter, Alindor presented herself to the INS as Odettte Dureland and filed for asylum protection under that new identity. She concealed the fact that she had previously applied for status in the United States as Enite Alindor, and she concealed the fact that she was under a final order for removal from the United States. U.S. Citizenship and Immigration Services (USCIS) personnel, unaware of the Alindor identity and order of removal, approved Dureland for citizenship in July 2012, and she was naturalized as a U.S. citizen under that name in July 2012.

“Citizenship is the greatest immigration benefit our country can bestow,” said HSI Tampa Special Agent in Charge James C. Spero. “HSI and our partners, like USCIS, will continue working together to protect the integrity of our legal immigration system and the opportunities it provides.”

“This is a perfect example of federal agencies working together to combat those trying to defraud the American people,” stated U.S. Citizenship and Immigration Services Tampa District Director, Michael Borgen. “USCIS will continue playing a key role to safeguard the integrity of our immigration system.”

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from the USCIS Fraud Detection and National Security group in Tampa, and the USCIS Asylum Office in Miami. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.

Tampa, Florida – United States District Judge Elizabeth A. Kovachevich has sentenced Nejah Prince (33, Tampa) to four years and nine months in federal prison for access device (credit card) fraud and for filing false claims against the United States. As part of Prince’s sentence, the court also entered a money judgment in the amount of $1,386.39, the proceeds of the fraud. Prince pleaded guilty on February 16, 2017.

According to court documents, in February 2013, officers from the Tampa Police Department executed a search warrant at Prince’s home. During the search, they found copies of confidential patient medical records from the Department of Veterans Affairs (VA), notebooks with the personal identifying information of at least 200 individuals, reloadable debit cards, and several tax returns. Further investigation revealed that Prince had used the identity of one person whose name was on a VA medical record to open a credit account at Montgomery Ward. She then made $1,300 in purchases using that account. In addition, IRS agents discovered that many of the identities found during the search warrant had been used in the filing of false and fraudulent income tax returns.

“Working together with our law enforcement partners we have come a long way in the effort to eradicate identity theft from our community. Would-be identity thieves should not rest easy because we will not give up the fight,” said Special Agent in Charge Mary Hammond of IRS Criminal Investigation. “These crooks use stolen identities to defraud the government, but it is the untold devastation their actions inflict on the lives of their victims that drives our Special Agents to employ their unique financial expertise to tirelessly track down these criminals.”

This case was investigated by the IRS - Criminal Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Sara C. Sweeney and Jay L. Hoffer.

Tampa, Florida – United States District Judge Elizabeth A. Kovachevich has sentenced Joseph Bassler (62, St. Petersburg) to three years and one month in federal prison for money laundering and mail fraud. As part of his sentence, the court also entered a money judgment in the amount of $77,224, the proceeds of the scheme. Bassler had pleaded guilty on June 6, 2017.

According to court documents, Bassler, a licensed tax preparer, held himself out as a professional accountant who could assist companies affected by the Deepwater Horizon oil spill in filing business economic loss claims. As part of his scheme, Bassler prepared and submitted fraudulently inflated claims falsely alleging lost income on behalf of his clients. As payment for his services, he accepted a portion of the recovery money for the loss claims he had prepared. In total, Bassler submitted 62 claims, three of which were paid. For the three claims that were paid, Bassler and his clients received over $600,000 more than they were entitled to from the compensation fund. The remaining claims were denied when Bassler’s fraudulent scheme was discovered.

“‎When unprincipled fraudsters file false claims against businesses they frustrate the legal system and disrupt the natural flow of our economy,” stated Special Agent in Charge Mary Hammond of IRS Criminal Investigation. “IRS-CI is fiercely committed to defending the integrity of our nation's tax system, and a significant aspect of that duty is to work with our fellow law enforcement partners to help maintain equity in the marketplace.”

“It is reprehensible to exploit any disaster for personal gain,” said Eric W. Sporre, Special Agent in Charge of the FBI Tampa Division. “It is our duty to protect the relief funds set aside for economic disasters such as the BP Deepwater Horizon Oil Spill and ensure the money goes to those deserving of assistance.”

This case was investigated by the IRS-Criminal Investigation and the FBI. It was prosecuted by Assistant United States Attorney Rachel K. Jones.

Tampa, FL – Attorney General Jeff Sessions and U.S. Attorney Maria Chapa Lopez announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.

In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSAs will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."

In the Middle District of Florida, three of these AUSAs will focus on violent crime, two on civil enforcement, and one on prosecuting immigration crimes. 

“We are grateful for the additional resources to better serve our constituents here in the Middle District,” said U.S. Attorney Chapa Lopez. “These new positions will provide much needed assistance as we continue to focus on the Department’s priorities and meet the needs of our communities.”

The Middle District of Florida is the second largest federal district in the country, with a population of more than 11 million. It includes 35 of Florida’s 67 counties and includes offices in Tampa, Orlando, Jacksonville, Ft. Myers, and Ocala. For more information about the MDFL, visit www.justice.gov/usao-mdfl.

Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Stanley Hagan, Jr. (33, Jacksonville) to five years in federal prison for receiving child pornography over the internet. Hagan was also ordered to register as a sex offender.    

According to court documents, Darren Dozier, a convicted child sex offender, was released from prison in 2015 and established a residence in Philadelphia. While there, he molested an 8-year-old child and produced images and videos of this abuse. On December 19, 2015, and again on August 7, 2016, Hagan engaged in sexually explicit online conversations with Dozier. During these conversations, Hagan pretended to be a 15-year old girl and, during the December conversation, Dozier offered to send Hagan sexually explicit images of his minor victim. Hagan accepted the offer. Dozier then sent Hagan four images depicting Dozier sexually abusing the child. Hagan also asked Dozier to send him a sexually explicit video of the child. During an interview with FBI agents in Jacksonville on August 30, 2017, Hagan admitted that he had solicited and received these images from Dozier. 

This case was investigated by the FBI in Jacksonville and Philadelphia. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

It is another case that 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, 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 – Dr. Michael Frey, M.D. (46, Fort Myers) has pleaded guilty to two counts of conspiracy to receive healthcare kickbacks. He faces a maximum penalty of five years in federal prison for each count. Dr. Frey also faces a term of supervised release of up to three years for each count. A sentencing date has not yet been set. 

In addition to his guilty plea, Dr. Frey has agreed to a civil settlement under which he will pay $2.8 million to the United States to resolve allegations that he violated the False Claims Act in a number of ways, including receiving illegal kickbacks and by ordering medically unnecessary laboratory tests. 

During the relevant period, Dr. Frey was a practicing interventional pain management specialist and one of the two principal owners of Advanced Pain Management Specialists, P.A., which is located in Fort Myers.

According to the plea agreement, beginning in 2010, Dr. Frey conspired with the owners of A&G Spinal Solutions, LLC, a durable medical equipment provider operating in Fort Myers, to receive compensation in exchange for referrals to A&G Spinal. Dr. Frey was paid a percentage of A&G Spinal’s profits based on his referrals and referrals from other providers at Advanced Pain. A&G Spinal rewarded Dr. Frey through checks made payable to his wife. Through this arrangement, A&G Spinal created the impression that Mrs. Frey was an employee of A&G Spinal, when she was not. The two principals of A&G Spinal, Ryan Williamson and William Pierce, have pleaded guilty to conspiring to pay healthcare kickbacks to Dr. Frey and are currently awaiting sentencing. 

In addition, from 2013 to 2015, Dr. Frey also received cash payments from Ryan Williamson in exchange for referrals of compound pharmaceutical pain cream prescriptions. Williamson has also pleaded guilty for his role in this arrangement.

In his plea agreement, Dr. Frey also admitted that he had received kickbacks in the form of speaker fees paid to him in connection with his participation in largely bogus Insys Therapeutics, Inc. speaker event programs. Insys manufactures a fentanyl sublingual spray known as SUBSYS. Insys paid kickbacks to Dr. Frey to induce him to write prescriptions for their product.   

The civil settlement announced today also resolves allegations that, between 2013 and 2016, Dr. Frey caused the submission of false claims to Medicare and TRICARE by ordering definitive Urine Drug Testing (“UDT”) in circumstances where such testing was not reasonable and medically necessary. Definitive UDT testing was financially lucrative for the Advanced Pain physicians because it was performed at Advanced Pain’s own in-house laboratory and was billed by the practice. 

In addition, the civil settlement resolves kickback allegations associated with anesthesia services provided by Anesthesia Partners of SWFL, LLC that was owned by Dr. Frey and his partner Dr. Jonathan Daitch. Anesthesia Partners provided anesthesia services exclusively for the procedures performed by the Advanced Pain physicians. They contracted with Certified Registered Nurse Anesthetists (“CRNAs”) to provide the anesthesia services. These CRNAs were paid a contracted rate, and Anesthesia Partners would bill Medicare and TRICARE directly for the anesthesia services they provided. This arrangement resulted in improper reimbursements to Dr. Frey as one of the owners of Anesthesia Partners. The United States contends that Dr. Frey’s ownership interest in Anesthesia Partners, and the funds he received through this ownership interest, induced him to refer his patients for anesthesia services to Anesthesia Partners.

“This was an alarming case of a physician who abused his position of trust for money,” said U.S. Attorney Chapa Lopez. “This global resolution is a great example of a coordinated healthcare fraud enforcement effort by our criminal and civil divisions, and of our commitment to hold healthcare providers accountable when they violate the law.”

“Dr. Frey deluded himself into believing that accepting thinly-veiled bribes was an easy path to riches.  Instead he faces years in prison and a multi-million dollar settlement,” said Shimon R. Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Dr. Frey’s fate shows, yet again, that those intent on stealing from government health programs will be held accountable.”

“This plea agreement and settlement demonstrates the effectiveness of investigations by the Defense Criminal Investigative Service and our law enforcement partners to ensure that medical service providers do not unjustly enrich themselves by wasting and diverting precious taxpayer dollars. DCIS protects the integrity of DoD programs by rooting out fraud, waste, and abuse that negatively impacts critical programs such as TRICARE,” said Special Agent in Charge John F. Khin, Southeast Field Office.

This case is being prosecuted criminally by Assistant United States Attorneys Rachel Jones and Simon Eth and civilly by Assistant United States Attorney Kyle S. Cohen, with assistance from the Defense Criminal Investigative Service, the Department of Health and Human Services Office of Inspector General and the U.S. Postal Service Office of Inspector General.

Today’s resolution illustrates the government’s commitment to combating improper practices that implicate the nation’s federally subsidized health care programs, using all statutory and common law remedies available to address such schemes. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477). The claims resolved by the settlement are allegations only, and there has been no determination of liability. 

Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Michael Rubino (59, Clearwater) to 13 months in federal prison for bankruptcy fraud and equity skimming. Rubino had pleaded guilty on January 31, 2018.  

According to court documents, Rubino devised a scheme to defraud mortgage lenders that were holding recorded mortgage notes, as well as the Federal National Mortgage Association (“Fannie Mae”) and the Federal Housing Agency (“FHA”), which guaranteed the mortgage notes. In furtherance of his scheme, Rubino searched Pinellas County Clerk of Court records to find properties in various stages of foreclosure. He then contacted distressed homeowners who had already defaulted on their mortgages and had vacated their properties. Rubino offered to take control of, manage, and rent the properties to new tenants. Rubino told the homeowners that he would use the rental income he obtained to pay the mortgages and, in some instances, pay the homeowner a portion of the rent he collected. At no time did Rubino hold any legal or equitable interest in these properties, or have authorization from the mortgage lenders, Fannie Mae, or FHA, to rent out the properties. Further, he failed to remit any of the collected rent monies to FHA, as required by law. 

Additionally, in order to prevent Fannie Mae and the mortgage lenders from lawfully foreclosing on properties secured by mortgage notes, Rubino engaged in a bankruptcy fraud scheme whereby he filed fraudulent bankruptcy petitions in the names of the distressed homeowners, without their knowledge or consent, just prior to the scheduled foreclosure sale. These fraudulent bankruptcies triggered the automatic stay provision of the bankruptcy code, preventing the mortgage note holders from conducting the foreclosure sale. The fraudulent bankruptcy petitions filed by Rubino allowed him to continue to collect rent monies to which he was not entitled.

This case was investigated by the U.S. Department of Housing and Urban Development - Office of Inspector and the Federal Housing Finance Agency - Office of Inspector General. The Office of the U.S. Trustee for the Middle District of Florida also provided substantial assistance. It was prosecuted by Special Assistant United States Attorney Chris Poor.

Orlando, FL – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Christopher Coburn (33, Winter Garden) with six counts of bankruptcy fraud. If convicted, he faces a maximum penalty of 30 years in federal prison. 

According to the indictment, 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 in a bankruptcy fraud scheme whereby he filed or caused to be filed fraudulent bankruptcy petitions in the name of homeowners, without their knowledge or consent, just prior to the scheduled foreclosure sale dates. These fraudulent bankruptcies triggered 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 properties. The fraudulent petitions enabled Coburn to collect fees and allowed him to refer the properties to real estate agents in order to obtain ill-gotten referral fees.

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 Federal Housing Finance Agency, Office of Inspector General. The Office of the United States Trustee for the Middle District of Florida (Orlando Division) also provided substantial assistance. It will be prosecuted by Special Assistant United States Attorney Chris Poor.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Katrina Brown (37, Jacksonville) and Reginald Brown (56, Jacksonville) with one count of conspiracy to commit mail and wire fraud, twenty-six counts of aiding and abetting mail and wire fraud, and six counts of aiding and abetting money laundering. Each faces up to 20 years in federal prison for the conspiracy count and for each count of aiding and abetting mail and wire fraud; they face up to 10 years in federal prison for each count of aiding and abetting money laundering. The indictment also charges Katrina Brown with two counts of attempted bank fraud and two counts of making false statements to a federally insured financial institution; each count carries a maximum penalty of 30 years in federal prison. The indictment also charges Reginald Brown with failure to file a tax return; the maximum penalty for this charge is one-year imprisonment.

The indictment notifies both defendants that the United States intends to seek forfeiture of at least $754,613.10, which is alleged to be traceable to the offenses.

According to the

indictment , in late 2013, Katrina Brown began to operate as the primary principal for two businesses (Basic Products, LLC and CoWealth, LLC) that had obtained a loan from the Small Business Administration (SBA) in 2011 for $2.652 million, as well as a loan of $380,000 and grant of approximately $260,000 from the City of Jacksonville (COJ), to fund a business that specialized in manufacturing, bottling, and selling barbecue sauce.

Katrina Brown’s family had been in the barbecue business in Jacksonville for many years. The loan/grant money was supposed to fund an expansion of Basic Products and help to create permanent manufacturing jobs in Northwest Jacksonville. Each time Katrina Brown sought money for Basic Products from SBA-approved lender BizCapital, she prepared a Loan Reimbursement Form that included the purported business expenses for which Basic Products sought reimbursement.

In late 2013, when the barbecue business was not meeting financial projections, Katrina Brown approached Reginald Brown about incorporating two businesses, A Plus Training and Consultants, LLC and RB Packaging, LLC, with the Florida Division of Corporations. Katrina Brown worked together with Reginald Brown to submit fake invoices from A Plus Training and RB Packaging to BizCapital claiming that the businesses performed work for Basic Products requiring reimbursement, when the businesses had not.

When BizCapital sent the reimbursement checks for A Plus Training and RB Packaging to Reginald Brown’s home, or his mother’s home, Reginald Brown deposited them into the bank accounts for the businesses. He then withdrew a significant portion of the funds and provided them back to Katrina Brown who, either kept them or deposited the funds back into the Basic Products bank account that she controlled.

During this process, from late 2013 to early 2015, Reginald Brown and RB Packaging served as a conduit to receive $251,919.04 in SBA loan proceeds from BizCapital, and then funneled at least $166,500.00 back to Basic Products. Reginald Brown kept the difference in the RB Packaging account and used the majority of the money for personal expenses.

Reginald Brown never filed a tax return for tax year 2014, and he failed to disclose to the IRS that he had received tens of thousands of dollars from the SBA.

In December 2014, BizCapital sent all of the loan draw information to the City of Jacksonville, which included the numerous fraudulent A Plus Training and RB Packaging invoices. This information induced the City of Jacksonville to send $210,549.99 in grant money to BizCapital for the intended use of Basic Products. Katrina Brown and Reginald Brown failed to inform BizCapital that Basic Products fraudulently obtained at least $251,919.04 in loan payments made to Reginald Brown’s shell companies (A Plus Training and RB Packaging).

After BizCapital informed Katrina Brown that the SBA loan was in default status in January 2015, she attempted to obtain two bank loans by submitting doctored and false bank statements to loan brokers seeking loans to infuse cash into her and her family’s businesses. She falsified the statements in an attempt to make it appear that the businesses were creditworthy, when in fact they were not.

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 Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation. It will be prosecuted by Assistant United States Attorneys Tysen Duva and Michael Coolican.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Esthela Clark (49, Jacksonville) to seven years in federal prison for forced labor. She faces deportation to Mexico upon completion of her sentence. The United States previously forfeited Clark’s 2003 Chevrolet Avalanche, which was used to facilitate the offense. Clark pleaded guilty on March 27, 2017.

According to evidence presented at the sentencing hearing, in late 2012, Clark traveled to Mexico, where she met her victim. She told the woman that she was searching for someone to serve as a pregnancy surrogate, and that the process would be medically supervised. The victim, a citizen of Mexico, agreed to serve as a surrogate for Clark in exchange for a payment of several thousand dollars once a baby was delivered.

Clark arranged for so-called “coyotes” to smuggle the victim across the border from Mexico into the United States; the victim ultimately arrived in Jacksonville in December 2012. Almost immediately, Clark began attempting to inseminate the victim using syringes containing her boyfriend’s sperm that she had retrieved from used condoms. This procedure was undertaken three to four times a day, on Clark’s dining room floor, when Clark believed her victim was fertile.

When, after several months, the victim did not become pregnant, Clark began forcing her to have unprotected sex with strangers. She also forced her victim to engage in domestic labor through physical and psychological abuse. On one occasion, after Clark believed that the victim had used too much bleach while cleaning, Clark forced the victim to sleep in a puddle of bleach on the floor.

She also isolated the victim from her family and limited her to a diet consisting exclusively of beans, resulting in a 65-pound weight loss.

“The victim in this case was rescued from unthinkable circumstances,” said HSI Tampa Special Agent in Charge James C. Spero. “Now, the perpetrator will be held accountable, thanks to a concerned citizen, HSI special agents, the Jacksonville Sheriff’s Office and U.S. Border Patrol.”

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations with assistance from the Jacksonville Sheriff’s Office and U.S. Border Patrol. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.

Jacksonville, Florida – U.S. District Judge Harvey E. Schlesinger has sentenced Sheldon Tarence Wright (27, Savannah, GA) to 46 months in federal prison, followed by three years of supervised release, for possessing a firearm as a convicted felon. He pleaded guilty on February 21, 2018.

According to court documents, on March 3, 2011, Wright was convicted in Chatham County, Georgia, of the felony offenses of aggravated assault, robbery, and possession of a controlled substance. He was sentenced to ten years in prison, to be followed by ten years of probation. On July 10, 2017, he was released on parole after serving about eight and a half years of the sentence.

On October 22, 2017, officers with the Jacksonville Sheriff’s Office responded to a citizen complaint regarding suspected illegal activity in the area of a motel on Philips Highway. One of the officers approached a vehicle in the parking lot and spoke to the driver and Wright, who was in the front passenger seat. During this encounter, the officer saw the butt of a gun sticking out from under the front of the passenger seat.

After finding the gun, the officers detained both the driver and Wright. After being advised of his constitutional rights, Wright told the officers that the gun was his. The driver also told the officers that the gun belonged to Wright. The firearm was later determined to be a semi-automatic .22 caliber pistol with a high-capacity magazine loaded with 30 rounds of ammunition. As a previously convicted felon, Wright was prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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 Harold Omar Vargas-Delgado (33, Kissimmee), Cary Mitchelle Vargas-Delgado (34, Orlando), and Angel Ruben Maldonado, Jr. (42, Orlando) today pleaded guilty to charges related to their involvement in multiple conspiracies to distribute heroin throughout central Florida. In addition, Harold Omar Vargas-Delgado pleaded guilty to possessing with the intent to distribute a kilogram or more of heroin, possessing a firearm as a convicted felon, and possessing a firearm in furtherance of a drug trafficking crime.

Harold Omar Vargas-Delgado faces a maximum penalty of life in federal prison. Cary Mitchelle Vargas-Delgado faces a maximum penalty of 40 years in federal prison, and Angel Ruben Maldonado, Jr. faces a maximum sentence of 20 years in federal prison.

Previously, two other members of the drug trafficking organization, Eliazer Cruz (52, Kissimmee) and Hector Pabellon Nunez (51, Kissimmee), pleaded guilty to conspiracy to distribute heroin. Cruz faces a maximum penalty of 20 years in federal prison, and Nunez faces a maximum penalty of 40 years in federal prison.

According to the defendants’ plea agreements, in March 2016, law enforcement received an anonymous tip about a heroin drug trafficking organization (“DTO”) operating in the central Florida area. On six occasions, between October 2016 and May 2017, an undercover officer (“UC”) purchased approximately 111 grams of heroin from Cary Mitchelle Vargas-Delgado, Harold Omar Vargas-Delgado’s sister. During one of those transactions, Cary Mitchelle Vargas-Delgado, speaking in Spanish, discussed with the UC the high quality of the heroin and that it was “uncut.” She said that since the heroin was “pure,” the UC would be able to “work it” and make more money. 

Law enforcement also learned that the DTO distributed kilogram amounts of heroin weekly to other groups and individuals around Florida. Harold Omar Vargas-Delgado provided large, distribution amounts of heroin to his sister. She then distributed gram amounts of heroin to others, including Angel Maldonado, Cruz, and Nunez, who would then further aid in the distribution of that heroin to other users. 

On October 20, 2017, law enforcement officers executed a search warrant at Harold Omar Vargas-Delgado’s home in Kissimmee and seized 2.8 kilograms of heroin laced with fentanyl, along with a brick/kilogram press; a heat sealer; approximately $16,000 in cash; men’s jewelry, including watches, valued at over $100,000; six cellphones; two 50-round ammunition magazine drums; two respirator masks; a hydraulic jack; and a money counter. They also seized eleven firearms, three of which had been reported stolen, and several additional magazines of ammunition. Some of the firearms were recovered from secret compartments that had been custom built into several of the vehicles parked at the home.

Also on October 20, 2017, law enforcement officers arrested Cary Mitchelle Vargas-Delgado and seized from inside her home $6,238 in cash, a .380 caliber firearm, a scale, several small baggies, and several cellphones.

This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service – Criminal Investigation, the Osceola County Bureau of Investigation, and the Kissimmee Police Department. It is being prosecuted by Assistant United States Attorney Sean P. Shecter.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Darrick “Block” Stafford (41, Jacksonville) today pleaded guilty to distributing 28 grams or more of crack cocaine and to possessing a firearm as a convicted felon. He faces a minimum mandatory penalty of 5 years, and up to 50 years, in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Stafford participated in a series of transactions involving the sale of firearms (including assault-style rifles) to an undercover agent and a confidential informant working for the Bureau of Alcohol, Tobacco, Firearms and Explosives. Stafford also sold the undercover agent powder cocaine and crack cocaine. When Stafford was arrested by detectives from the Jacksonville Sheriff’s Office, they recovered a .45 caliber pistol that had been hidden under the hood of the car that he was driving. Due to his prior felony convictions, including robbery and firearms offenses, Stafford is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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 Attorney Maria Chapa Lopez announces that Pryce Elijah Demars (25, Jacksonville) has pleaded guilty to distributing child pornography. He faces a minimum mandatory penalty of 5 years, and up to 20 years, in federal prison. A sentencing date has not yet been set.

According to court documents, on November 15, 2017, law enforcement officers executed a search warrant at Demars’s residence in connection with a child exploitation investigation involving online users of a particular file-sharing program.  FBI agents had determined that between August 2016 and April 2017, Demars distributed videos online depicting young children being sexually abused. During an interview, he admitted, among other things, that he had searched for child pornography on the internet, downloaded it, and then distributed it to another individual in exchange for video games and other items of value. 

This case was investigated by the Federal Bureau of Investigation, the Jacksonville Sheriff’s Office, and the Nassau County Sheriff’s 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.justice.gov/psc. 

Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Junior Jean-Noel (21, Brandon) to five years and one month in federal prison for credit card fraud and identity theft. The court also entered a money judgment in the amount of $292,291.05, which constitute the proceeds of the fraud.

He pleaded guilty on February 23, 2018.

According to court documents, between March and October 2017, Jean-Noel, a.k.a. Jay Mulla, alone and with others, obtained stolen Capital One credit card account information. Jean-Noel then called Capital One, posing as the true account holders, and requested that replacement credit cards be sent to addresses under his control. Once he received the replacement cards, he and others acting at his direction used them to purchase gift cards and merchandise. In total, Jean-Noel engaged in the takeover and unauthorized use of 13 different Capital One credit card accounts, all without the knowledge or permission of the account holders’, many of whom were elderly. As part of the account takeover and as an attempt to defeat the bank’s fraud detection efforts, Jean-Noel called Capital One from “spoofed” telephone numbers that made it appear as if the true account holders were calling. He also made fabricated payments to the accounts in order to increase the credit limits and his access to the funds. Jean-Noel and others working at his direction made purchases with these unauthorized credit cards totaling $292,291.05. They attempted an additional $52,307.58 worth of transactions that were declined.

This case was investigated by United States Secret Service. It was prosecuted by Assistant United States Attorney Mandy Riedel.

Tampa, FL – United States Attorney Maria Chapa Lopez announces today that Riverside Spine & Pain Physicians, LLC (RSPP), a pain management practice principally located in Jacksonville, Florida, has agreed to pay the United States $1,204,415.60 to resolve allegations that they violated the False Claims Act by knowingly billing the government for medically unnecessary urine drug tests.

The settlement relates to RSPP’s use of quantitative drug tests, which identify and assess the amount of drugs in a patient’s urine. Quantitative drug tests are very specific, very expensive, and necessary only if an individualized patient assessment supports further testing. Routine quantitative testing for all patients in a practice is unnecessary. Similarly, testing every patient for the same physician-defined panel of drugs is unnecessary. The United States contends that RSPP performed quantitative testing on all of their patients for the same panel of drugs regardless of individual patient history and risk.

“A primary mission of the United States Attorney’s Office is protecting Medicare, TRICARE, and other federal health care programs from fraud,” said U.S. Attorney Maria Chapa Lopez. “Our Civil Division works tirelessly in the pursuit of providers who perform tests indiscriminately and regardless of patient need.”

“This settlement demonstrates the effectiveness of investigations by the Defense Criminal Investigative Service and our law enforcement partners to ensure that medical service providers do not unjustly enrich themselves by diverting precious taxpayer dollars from where they are needed most. DCIS protects the integrity of the Department of Defense enterprise by rooting out fraud, waste, and abuse that negatively impacts critical programs such as TRICARE,” said Special Agent in Charge John F. Khin, Southeast Field Office.

“This settlement highlights our commitment to hold accountable providers who place profits over patients,” said Shimon Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Paying medically unnecessary claims or those stemming from improper referrals is an injustice to the Medicare program and the beneficiaries it serves.”  

The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by a former employee of RSPP, Dr. Carissa Stone. She sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. Dr. Stone will receive roughly $240,000 of the proceeds from the settlement with RSPP.

The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida; the U.S. Department of Health and Human Services, Office of Inspector General; the Defense Criminal Investigative Service; and the Department of Veterans Affairs, Office of Inspector General. Assistant United States Attorney Lindsay Saxe Griffin led the investigation.

The case is captioned United States ex rel Carissa Stone vs. Riverside Spine & Pain Physicians, LLC, dba Riverside Spine & Pain Physicians PL, Case No. 8:16-cv-945-T36EAJ. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Orlando, Florida – A federal jury today found Sundardai Jadnauth (67, Orlando) guilty of two counts of theft of government property. She faces a maximum penalty of 10 years in federal prison. Her sentencing hearing is scheduled for August 15, 2018. Jadnauth was indicted on October 26, 2016.

According to evidence presented at trial, Jadnauth received Supplemental Security Income (“SSI”) and Medicaid benefits between 2011 and 2015, because she lied to the Social Security Administration. Jadnauth told the agency that she lived alone, had no assets, and earned no income. In fact, Jadnauth and her husband lived together in a house they had purchased for $67,000 in cash, in 2010.

This case was investigated by the Social Security Administration, Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Nathan   W. Hill.

Ocala, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Lateasha Monique Perry (34, Ocala) with seven counts of Supplemental Nutrition Assistance Program (SNAP) fraud and two counts of theft of government funds. If convicted, she faces a maximum penalty of 5 years in federal prison on each of the fraud counts, and up to 10 years on each of the theft counts.

SNAP, formerly known as the Food Stamp Program, is a national program established to alleviate hunger and malnutrition among lower income families. According to evidence presented in federal court, from June 2013 through February 2016, Perry received federally funded SNAP benefits via a debit card. Although these benefits only can be redeemed for certain basic food items, she repeatedly cashed out hundreds of dollars of her benefits by purchasing little or no merchandise and, instead, received large amounts of cash from store personnel. This practice is strictly prohibited under the program’s rules and federal law. By analyzing SNAP redemption data from the store, agents identified Perry as the person with the highest number of fraudulent transactions. The estimated loss to the federal government exceeds $30,000, including more than 97 suspected transactions. 

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 U.S. Department of Agriculture, Office of the Inspector General and the Marion County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Christopher Brian Cosimano, a/k/a “Durty,” (30, Gibsonton), Michael Dominick Mencher, a/k/a “Pumpkin,” (51, Tarpon Springs), Allan Burt Guinto, a/k/a “Big Beefy,” (27, Brandon), Erick Richard Robinson, a/k/a “Big E,” (45, Zephyrhills), and Cody James Wesling, a/k/a “Little Savage,” (27, Riverview) with multiple violent crimes in aid of racketeering activity, including conspiracy, murder, and assault with a dangerous weapon. They have also been charged with firearms offenses and narcotics trafficking. If convicted of all charges, Cosimano, Mencher, Guinto, and Wesling each face a maximum penalty of life in federal prison. If convicted of all charges, Robinson faces a maximum penalty of 20 years in federal prison. Robinson and Wesling were arrested yesterday and will make their initial appearances today at 2:00 p.m. before United States Magistrate Judge Anthony Porcelli. Cosimano, Mencher, and Guinto are currently in state custody and will make their initial appearances on a later date.

According to the indictment, Cosimano, Mencher, Guinto, Wesling, and Robinson were members of the 69’ers Motorcycle Club, a criminal organization whose members and associates engaged in acts of violence and narcotics distribution.  On December 21, 2017, Cosimano, Mencher, Guinto, and Wesling shot and killed Paul Anderson, the president of the Cross Bayou Chapter of the Outlaws Motorcycle Club. Cosimano also shot and wounded James Costa, the president of the St. Petersburg Chapter of the Outlaws Motorcycle Club, on July 25, 2017.

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 Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pasco Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Tampa Police Department, the Pinellas County Sheriff’s Office, the St. Petersburg Police Department, and the State Attorney’s Office for the Sixth Judicial Circuit. It will be prosecuted by Assistant United States Attorneys Carlton C. Gammons and Natalie Hirt Adams.

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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 – U.S. District Judge Steven D. Merryday today sentenced Chauncey Gregory (33, St. Petersburg) to 17 years and 6 months in federal prison for possessing 500 grams or more of cocaine with the intent to distribute it, and for being a felon in possession of a firearm and ammunition. Gregory pleaded guilty on February 6, 2018.

According to court documents, Gregory was an illegal narcotics dealer in a residential neighborhood in St. Petersburg, Florida. On August 24, 2017, law enforcement executed a search warrant at Gregory’s residence. As they arrived, one of Gregory’s “customers” was at the home to make a purchase from him. During the search, law enforcement recovered approximately 1 kilogram of cocaine, 8.5 ounces of ecstasy, 15.5 grams of crack cocaine, 743 grams of marijuana; a cocaine press, a narcotics scale, drug baggies, cash ,and a loaded .38 caliber revolver, which was next to Gregory’s passport.

As a previously convicted felon, Gregory is prohibited under federal law from possessing a firearm or ammunition.

While on pretrial release, Gregory attempted to retaliate against the law enforcement officers who investigated the case against him. His bond was then revoked. The court granted the government’s motion for a substantial upward variance from the advisory Sentencing Guidelines, an additional 7 ½ years, to reflect the seriousness of his offense and his post-arrest retaliation attempt.

“Putting this major local drug supplier behind bars for 17 plus years significantly reduces the drug supply on the street,” said St. Petersburg Chief of Police Anthony Holloway. "It also sends a message to criminals that retaliation against law enforcement officers who dedicate their lives to ensure the quality of life for our residents will not be tolerated.”

"We will continue to adapt to the challenges that today’s technology can pose when fighting violent crime,” said ATF Special Agent in Charge Daryl McCrary, “particularly when it pertains to retaliation against another law enforcement partner.”

This case was investigated by the St. Petersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorneys Thomas N. Palermo and Diego F. Novaes.

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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.

Ocala, Florida – Senior U.S. District Judge James D. Whittemore today sentenced Tirso Hernandez-Astudillo (35, Ocala) to 20 years in federal prison for conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine and possession with the intent to distribute 400 grams or more of fentanyl. A federal jury found him guilty on February 21, 2018. Also, co-conspirator Simon Rodriguez-Flores (48, Ocala) was sentenced to 11 years in federal prison for conspiracy to possess with intent to distribute 500 grams of more of methamphetamine. He pleaded guilty on February 7, 2018.

According to court documents, on May 24, 2017, in a parking lot in Ocala, Rodriguez-Flores sold approximately 4 ounces of crystal methamphetamine to a cooperating witness. On June 2, 2017, at the same location, Rodriguez-Flores delivered 2 kilograms of crystal methamphetamine to the same individual and was arrested by DEA agents. At the time of the incident, Hernandez-Astudillo was a passenger in Rodriguez-Flores’s car.

Immediately after the arrest, a search warrant was executed at the residence Hernandez-Astudillo shared with his cousin and co-defendant, Gilberto Astudillo-Carbajal (34, Ocala), during which agents recovered items used in the manufacture and packaging of crystal methamphetamine. From another trailer across the street, where Hernandez-Astudillo had been earlier in the day, agents recovered a suspicious package containing approximately 1 kilogram of an undetermined powdery substance. Subsequent analysis of the substance revealed that it contained fentanyl. The sentencing hearing for Astudillo-Carbajal has not yet been set.

This case was investigated by the Gainesville Resident Office of the Drug Enforcement Administration, assisted by task force officers from the Gainesville Police Department, the Alachua County Sheriff’s Office, the Ocala Police Department, the Levy County Sheriff’s Office, and the Union County Sheriff’s Office. The Marion County Unified Drug Enforcement Strike Team assisted in the execution of the search warrant and the arrests. The case is being prosecuted by Assistant United States Attorney Dale R. Campion.

Tampa, FL – United States Attorney Maria Chapa Lopez announces that Jose Ojeda Vera (28, formerly of Tampa) has pleaded guilty to committing aggravated identity theft and conspiring to commit credit card fraud and identity theft. He faces a maximum penalty of five years in federal prison on the conspiracy charge, followed by two years in federal prison for the aggravated identity theft charge. Vera, who was indicted on August 27, 2015, was first arrested on these charges on October 13, 2015, and thereafter released on bond. He violated his pretrial release in January 2016 and was a fugitive until his arrest on March 2, 2018. 

According to court documents, Vera and his co-defendant, Yannier Arias, used a total of 45 counterfeit and unauthorized credit cards encoded and embossed with account information that had been obtained by, among other things, “skimming” credit cards at local gas stations. They used this stolen information to purchase merchandise at local merchants. Many of the victims were unaware their information had been stolen until they were notified by law enforcement.

On February 24, 2015, Vera and Arias had 18 counterfeit credit cards in their possession, all in the name “Angel Garcia,” along with two fraudulent Florida identification cards in the same name. One ID card had Vera’s photograph on it, and the other depicted Arias. The pair had made more than $6,300 in fraudulent charges two days prior. Agents also later recovered two more counterfeit credit cards from Vera’s home, along with receipts for purchases made with those cards.

On September 6, 2016, Arias was sentenced to eight years and six months in federal prison. He later unsuccessfully appealed that sentence. 

This case was investigated by the Financial Crimes Task Force, which includes the United States Secret Service, the Florida Department of Law Enforcement, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.

 

Tampa, Florida – U.S. District Judge Mary Scriven has sentenced Xavier D. Stewart (39, Temple Terrace) to eight years and four months in federal prison for possessing a firearm as a convicted felon. He pleaded guilty on February 12, 2018.

According to court documents, over the course of several days in August and September 2016, Stewart sold undercover agents cocaine and several firearms, including a semi-automatic pistol and a .357 caliber rifle. He sold the firearms to the agents knowing or having reason to believe that they would be unlawfully resold.

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

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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 Roy B. Dalton, Jr. has sentenced Aniceto Aguirre-Cardenas (57) to four years and three months in federal prison for possessing a firearm as a convicted felon, for possessing a firearm as an illegal alien, and for illegally reentering the United States following deportation. He pleaded guilty on March 8, 2018.

According to court documents, Aguirre-Cardenas was convicted in 1993 for conspiracy to distribute marijuana, distribution of marijuana, and using/carrying a firearm during a drug trafficking crime. He was sentenced to 12 years and 6 months’ imprisonment and was removed from the United States in 2003. On June 25, 2017, Aguirre-Cardenas was found to be back in the United States without permission after the Volusia County Sheriff’s Office conducted a traffic stop of a vehicle in which he was a passenger. Law enforcement officers recovered a revolver from underneath Aguirre-Cardenas’s seat. Numerous rounds of ammunition, baggies containing more than 24 grams of cocaine, and drug trafficking paraphernalia were also recovered from the vehicle.

“This criminal alien thought he could ignore the laws of our nation,” said HSI Tampa Special Agent In Charge James C. Spero. “Our HSI special agents, along with our Volusia County Sheriff’s Office partners, have made our communities a safer place with this criminal behind bars.”

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Volusia County Sheriff’s Office. It was prosecuted by Special Assistant United States Attorneys Christina Downes and Brandon Bayliss.

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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 – U.S. District Judge Susan C. Bucklew has sentenced Alejandro Tobon (35, Orlando) and Carlos Escarria (61, Largo) to 37 months and 18 months in federal prison, respectively, for conspiracy to commit bank and wire fraud. They pleaded guilty on June 9, 2017.

According to court documents, from as early as October 2007 through May 2008, Tobon, Escarria, and others conspired to execute a bank and wire fraud scheme. The goal of the fraud scheme was to sell condominium units at The Preserve at Temple Terrace, a 392-unit condominium complex in Tampa. To entice buyers to purchase the units, the conspirators offered cash payments to buyers, either before or after closing. The mortgage lenders were not made aware of these payments. The conspirators used several entities to conceal from the mortgage lenders the cash payments to buyers.

The conspirators made false statements on loan documents, such as purchase and sale agreements and loan applications, and on HUD-1 settlement statements, to induce mortgage lenders to approve loans for otherwise unqualified borrowers for the condo unit purchases.

Tobon was the manager of Transcontinental Lending Group’s branch in Tampa and he was also the President of Tobon Marketing and Consultant. His role in the conspiracy included submitting false and fraudulent loan applications to financial institutions to induce them to provide funding for buyers to purchase Preserve units. He also marketed units to buyers with undisclosed incentives and transferred funds he had received from the developer through Tobon Marketing and Consultant to borrowers’ bank accounts who needed money to close on the purchases. The money was then used to provide the down payment and cash to close requirements. 

Escarria worked as a loan officer at Transcontinental Lending Group’s branch in Tampa. He signed false and fraudulent loan applications to induce financial institutions into providing funding for buyers to purchase condo units. The false representations submitted to and relied upon by the mortgage lenders included occupancy, income, source of funds, and assets.

The mortgage lenders’ total losses resulting from Tobon’s and Escarria’s role in the mortgage fraud conspiracy are approximately $5.8 million.

This case was investigated by Federal Bureau of Investigation and the Federal Housing Finance Agency, Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Hoffer.

Tampa, FL – U.S. District Judge Steven Merryday has sentenced Luis Moreno-Valencia (45, Colombia, South America) to 17 years and 6 months in federal prison for conspiring with others to distribute five kilograms or more of cocaine on vessels subject to the jurisdiction of the United States, and for conspiring with others to distribute five kilograms or more of cocaine intending that it be unlawfully imported into the United States. He pleaded guilty on February 15, 2018.

According to court documents, Moreno-Valencia was the organizational head of a Colombian-based drug trafficking organization. He was responsible for arranging the transportation of several maritime smuggling ventures in international waters of the Eastern Pacific Ocean. In November 2014 and December 2015, the U.S. Coast Guard interdicted over 800 kilograms of cocaine aboard vessels commonly referred to as “go fast boats.”

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the U.S. Coast Guard Investigative Service, the Drug Enforcement Administration, the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command’s Joint Interagency Task Force South. 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 case was prosecuted by Assistant United States Attorney Thomas Palermo.

 

Ocala, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Avery Tumer (24, Leesburg) to 14 years and 2 months in federal prison for carjacking, conspiracy to commit carjacking, brandishing a firearm in furtherance of a crime of violence, and possessing a firearm as a convicted felon.

According to court records, on December 23, 2016, Tumer, along with his co-conspirators Timotheus Reed, Jonathan Lanier, and Amy Scott conspired to rob an individual of his money, other personal items, and his car by arranging a meeting at a gas station in Leesburg between the victim and Scott. The victim believed that he was going to meet the woman only. However, shortly after the victim arrived, Tumer, Reed, and Lanier pulled the victim from his car and stole his wallet and other personal property. During the robbery, the three men wore masks and pointed firearms at the victim. Tumer later pistol-whipped the victim and took his car. All four individuals were arrested a short time later by officers from the Lake County Sheriff’s Office and the Leesburg Police Department.

On November 30, 2017, a federal jury found Tumer and Reed guilty for their roles in the crimes. Reed was previously sentenced to 12 years in federal prison. On November 15, 2017, a separate jury found Lanier guilty for his role and he was sentenced to 13 years in federal prison. Scott pleaded guilty for her involvement and was sentenced to 46 months’ imprisonment.

This case was investigated by the FBI (Daytona Resident Agency), the Lake County Sheriff’s Office, and the Leesburg Police Department. It was prosecuted by Assistant United States Attorney Dale Campion.

Jacksonville, Florida – Daryl D. Shack (28, Jacksonville) yesterday pleaded guilty to possessing a firearm as a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, on July 17, 2017, officers from the Jacksonville Sheriff’s Office conducted a traffic stop on a car in which Shack was a passenger. At the time, Shack possessed a loaded Beretta pistol, which had previously been reported stolen, between his feet. He also had a baggie of cocaine in his pocket. Officers later recovered a baggie of marijuana, a knife, and an axe from the vehicle. Shack has a previous felony conviction for armed robbery and, therefore, is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts.

Ocala, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Miguel Angel Rodriguez-Lopez (47) to more than 12 years and 7 months in federal prison for forcibly assaulting a federal officer resulting in bodily injury. He pleaded guilty to the offense on December 13, 2017.

According to court documents and evidence presented at sentencing, Rodriguez-Lopez was an inmate at the Coleman Federal Correctional Complex, United States Penitentiary 2, in Sumter County, Florida. On June 23, 2013, while serving a sentence for assaulting another inmate, Rodriguez-Lopez attacked a federal corrections officer who was making rounds at the prison. He repeatedly punched and kicked the officer until subdued by other staff members. Rodriguez-Lopez, an illegal alien from Mexico, will be deported from the United States upon completion of this latest prison sentence.

This case was investigated by the FBI and the Bureau of Prisons. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Tampa, Florida – A federal jury has found Johnnie Charles Grimsley, Jr. (28, Clearwater) guilty of possessing firearms and ammunition as a convicted felon. He faces a minimum mandatory penalty of 15 years, and up to life, in federal prison. A sentencing hearing has been set for August 14, 2018. Grimsley was indicted on May 18, 2017.

According to evidence presented at trial, on two separate occasions in November 2016, Grimsley and an accomplice sold firearms and ammunition to an undercover detective in Pinellas County. Grimsley did not physically handle the firearms and ammunition during the deals; he had his accomplice handle them.  However, during both transactions, Grimsley stated that he had obtained the firearms and ammunition, and he personally accepted the payment from the undercover detective during the second sale. At the time, Grimsley was a convicted felon and, therefore, is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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 – A federal jury has found Bernandino G. Bolatete (69, Jacksonville) guilty of possessing an unregistered firearm silencer. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing has been set for July 25, 2018. Bolatete was indicted on December 7, 2017. 

According to evidence presented at trial, Bolatete came to the attention of law enforcement when a confidential source reported to the Jacksonville Sheriff’s Office (JSO) that Bolatete had a plan to conduct a mass shooting at a local mosque if he learned, as he expected to, that his remaining kidney failed and he would have to undergo dialysis. In response, JSO launched an investigation that included introducing Bolatete to an undercover detective (UC), with whom Bolatete shared his plan to attack the mosque. The investigation revealed that Bolatete had a collection of firearms and was nearly always armed. Bolatete also suggested to the UC that he had visited the mosque in the past. He also shared which of his firearms he would use for the attack and repeatedly bragged about having shot someone with a silencer-equipped firearm. Bolatete advised the UC on the best ways to put a hit on an adversary.  

When the UC told Bolatete that he had a source with access to silencers, Bolatete asked to buy one and insisted that it not be registered with the government (registration is required by federal law). Bolatete also sent a text message to the UC suggesting that he could use the silencer to take out the UC’s adversary.

Bolatete was arrested on December 1, 2017, after the UC sold him an unregistered silencer for $100. After his arrest, Bolatete admitted that he had possessed the unregistered silencer but claimed that he had purchased it for hunting. When FBI agents searched his home and car, they found a significant collection of firearms and ammunition, including the specific firearms that Bolatete had told the UC that he would use to conduct the mass shooting at the mosque.

This case was investigated by the Jacksonville Sheriff’s Office, the FBI, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Michael J. Coolican.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Richard Anthony Moffett (30, Jacksonville), also known as “Mook,” with three counts of sex trafficking by force and threats of force. If convicted, he faces a minimum mandatory penalty of 15 years, and up to life, in federal prison on each count. 

According to court documents, between late 2016 and mid-2017, Moffett forcibly trafficked three victims in the commercial sex industry in Jacksonville. Moffett was identified on May 17, 2017, by officers from the Jacksonville Sheriff’s Office after one of his victims was arrested on a prostitution charge. The victim told the arresting officers that Moffett would come looking for her and that she had first met him through her husband, who had purchased drugs from him. The victim was told that she could stay with Moffett, and he provided her with food and shelter. The next day, Moffett told her that she would have to engage in sex for money if she wanted to stay.

Moffett’s victim later observed him repeatedly beat another victim for withholding money from him and for failing to promptly repost her advertisements for commercial sex. Moffett also coerced his victims, who at the time were drug users, by withholding drugs if they did not engage in enough commercial sex “dates.” Moffett threatened to kill the children of at least one of his victims if she tried to leave him. He also pointed a handgun at a third victim when he believed the woman was withholding money from him and then hit her in the back of the head with the gun.

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 Federal Bureau of Investigation, with assistance from the Florida Department of Law Enforcement, and the State Attorney’s Office (Fourth Judicial Circuit). It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor and Special Assistant United States Attorney Erin Wolfson.

Tampa, FL – Attorney General Jeff Sessions and U.S. Attorney for the Middle District of Florida Maria Chapa Lopez recognize the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week and remembered those law enforcement officers killed and assaulted in 2017. The MDFL is home to more than 160 law enforcement agencies. During May 2018, communities throughout the MDFL will hold public memorial services honoring fallen officers and showing support for their families. In addition, multiple agencies will embark upon various media campaigns to strengthen connections between officers and citizens and show appreciation for the officers’ continued service.

“One officer death is too many,” Attorney General Sessions said. “While we are inexpressibly grateful to have had a decrease in the number of officers killed in the line-of-duty last year, the number is still far too high. At the Department of Justice, we honor the memories of the fallen and we pray for their families. We are also following President Trump's Executive Orders to back the women and men in blue, to enhance law enforcement safety, and to reduce violent crime in America. Those priorities will help keep every American safe, including those who risk their lives for us. As always, we have their backs and they have our thanks.”

“Each day, somewhere in America, a man or woman puts on a uniform and steps into the unknown to answer a call for help,” said U.S. Attorney Chapa Lopez. “These brave men and women voluntarily leave the comfort of their families to assist and protect others. Too often, some do not return. This month, we pause to show our appreciation for their service and stand in honor of their sacrifices.”

According to statistics collected by the FBI, 93 law enforcement officers were killed in line-of-duty incidents in 2017 – a 21 percent decrease from 2016, when 118 law enforcement officers were killed in line-of-duty incidents. Additionally, in 2017, there were 46 law enforcement officers killed in line-of-duty incidents as a result of felonious acts – a 30 percent decrease from 2016, when 66 law enforcement officers were feloniously killed in the line-of-duty. For the full comprehensive report about these incidents and selected assaults resulting in injury, please see the 2017 edition of Law Enforcement Officers Killed and Assaulted report, released this week. To access the FBI's 2017 Law Enforcement Officers Killed and Assaulted report, please visit www.fbi.gov.

The names of all 93 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 30th Annual Candlelight Vigil on the evening of May 13, 2018. So that people across the country can experience this unique and powerful ceremony, the vigil will be livestreamed beginning at 8:00 p.m. EDT on May 13th. To register for this free online event, visit www.LawMemorial.org/webcast. The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2018.

Five Middle District of Florida officers were added to the memorial this year: Deputy Julie Ann England Bridges, Hardee County Sheriff’s Office; Officer Matthew Scott Baxter, Kissimmee Police Department; Sergeant Richard Samuel Howard, III, Kissimmee Police Department; Deputy First Class Norman Cecil Lewis, Orange County Sheriff’s Office; Lieutenant Debra Lucinda Clayton, Orlando Police Department.

In October 1962, Congress passed and President Kennedy signed a joint resolution declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice. During Police Week, which is observed from Sunday, May 13 to Saturday, May 19, 2018, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.              

For more information about other National Police Week events, please visit www.policeweek.org.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Fanny Melina Zelaya-Mendez (39, Jacksonville) with three counts of conspiracy to commit wire fraud and Roger Omar Zelaya-Mendez (33, Jacksonville) with one count of conspiracy to commit wire fraud and one count of illegally re-entering the United States after a prior deportation. Each wire fraud count carries a maximum penalty of 20 years in federal prison and the illegal re-entry count carries a maximum penalty of 2 years’ imprisonment. The indictment also notifies the defendants that the United States intends to seek forfeiture of $1,075,180, the approximate amount of proceeds obtained as a result of the wire fraud offenses, as well as $286,135 and a pick-up truck that were seized from Roger Omar Zelaya-Mendez on April 6, 2018.

According to the indictment, Fanny Melina and Roger Omar Zelaya-Mendez facilitated the employment of undocumented aliens living and working in the United States illegally, by establishing shell companies that provided workers to construction contractors and subcontractors. By obtaining and paying the workers through the defendants’ shell companies, the contractors and subcontractors avoided responsibility for ensuring that (1) the workers were legally authorized to work in the United States, (2) required state and federal payroll taxes were paid, and (3) adequate workers’ compensation insurance was provided.

Florida law requires any business that engages in construction work to secure and maintain workers’ compensation insurance. The Zelaya-Mendezes applied for workers’ compensation insurance policies to cover estimated payrolls of a set amount at the shell companies. They then “rented” those insurance policies to numerous construction contractors and subcontractors who employed hundreds of workers.

The contractors and subcontractors wrote payroll checks to defendants’ shell companies for the work performed by the undocumented alien workers. The Zelaya-Mendezes then cashed those payroll checks and distributed the cash to the construction crew leaders, who in turn paid the workers in cash. The defendants kept 4% of the amount of each payroll check as a “rental” fee for the workers’ compensation insurance policies.

The Zelaya-Mendezes cashed payroll checks totaling $26,979,514, and their “rental fees” totaled $1,075,180. Had a workers’ compensation policy been purchased for a payroll of $26,979,514, the policy would have cost $6,683,481. The policies that the defendants purchased and then “rented” out were for estimated payrolls of between $85,800 and $120,800, and the insurance company issued those policies for annual premiums ranging from $16,787 to $27,581.

Fanny Melina Zelaya-Mendez and Roger Omar Zelaya-Mendez are Honduran citizens who are illegally present in the United States. Roger Omar Zelaya-Mendez was previously deported from this country on February 13, 2009, and on July 20, 2012.

An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Tedderick Fields to four years and three months in federal prison for filing false claims with the Internal Revenue Service. He was also ordered to pay $7,775 in restitution to the IRS. Fields pleaded guilty on February 1, 2018.

According to court documents, Fields admitted to filing false tax returns in his name from 2011 through 2013. He reported wages that he had not earned from a business that he had incorporated, Dew’s T-Shirts and Accessories, and falsely claimed that he withheld federal income tax. In 2011, Fields filed a false tax return in his name, claiming that he had earned over $50,000 in wages and had withheld more than $14,000. The false claims resulted in a fraudulent tax refund of $7,775. In 2012, he filed another false tax return in his name, claiming that he had earned $1 million in wages and had withheld $400,000. This false claim resulted in the issuance of a fraudulent tax refund check in excess of $400,000.

This case was investigated by Internal Revenue Service – Criminal Investigation, with assistance from the St. Lucie County Sherriff’s Office. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a 12-count indictment charging seven individuals, all of Manatee County, for their roles in a racketeering conspiracy involving murder, attempted murder, arson, robbery, drug trafficking, and other crimes. The attached summary chart identifies the individuals, charged offenses, and potential penalties. Anyone with information relevant to this case is encouraged to call 1-800-ATF-GUNS (1-800-283-4867) or email ATFTips@atf.gov.

According to the indictment, Jordan Rodriguez (24), Andrew Thompson (23), Alfonzo Churchwell (31), Juan Ortiz (24), Raymy Escoto (23), Phillip Uscanga (24), and Jesse Rodriguez (20) were part of an ongoing criminal enterprise in Manatee County that furthered their illegal activities by, among other things, using and threatening to use various levels of violence, ranging from simple assault to murder, and by concealing and destroying evidence of, and tampering with witnesses to, their illegal activities.

The indictment alleges that on January 1, 2016, Thompson shot and killed Demetrius Robinson and Florence Randall. On the same day, Jordan Rodriguez, Ortiz, Escoto, and Uscanga committed a drive-by shooting, killing Julio Tellez. On September 11, 2017, Churchwell shot and killed Earnestine Gardner. On January 13, 2017, Thompson shot and killed LaShawna Stevenson-Weeks and Berry Joseph.

The indictment also alleges that Jesse Rodriguez, Jordan Rodriguez, Andrew Thompson, and Alfonzo Churchwell used and maintained a drug premises.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Manatee County Sheriff’s Office, and the State Attorney’s Office for the Twelfth Judicial Circuit. It will be prosecuted by Assistant United States Attorneys Natalie Hirt Adams and Christopher F. Murray.

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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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.

Name

Charge/Count

Maximum Penalty

Jordan Rodriguez

Andrew Thompson

Alfonzo Churchwell

Juan Ortiz

Raymy Escoto

Phillip Uscanga

Jesse Rodriguez

(Count One)

RICO Conspiracy

 

Life in federal prison.

 

Jordan Rodriguez

Andrew Thompson

Alfonzo Churchwell

Jesse Rodriguez

(Count Two)

Drug Trafficking Conspiracy

 

20 years in federal prison.

Raymy Escoto

Phillip Uscanga

(Count Three)

Arson Conspiracy

Minimum mandatory term of 5 years, and up to 20 years, in federal prison.  

Raymy Escoto

Phillip Uscanga

(Count Four)

Arson

Minimum mandatory term of 5 years, and up to 20 years, in federal prison.  

Andrew Thompson

(Count Five)

Possession with the intent to distribute heroin, cocaine, and crack cocaine

20 years in federal prison.

Alfonzo Churchwell

 

(Count Six)

Discharge of a firearm resulting in death of Earnestine Gardner, during and in relation to a drug trafficking conspiracy

Minimum mandatory term of 10 years, and up to life, in federal prison (to run consecutive to any other term of imprisonment), or death.

Alfonzo Churchwell

(Count Seven)

Felon in possession of ammunition

10 years in federal prison.

Andrew Thompson

 

(Count Eight)

Attempted possession with the intent to distribute cocaine and methamphetamine

20 years in federal prison.

Andrew Thompson

 

(Count Nine)

Discharge of a firearm resulting in death of Lashawna Stevenson-Weeks, during and in relation to drug trafficking crimes

Minimum mandatory term of 10 years, and up to life, in federal prison (to run consecutive to any other term of imprisonment), or death.

Andrew Thompson

 

(Count Ten)

Discharge of a firearm resulting in death of Berry Joseph, during and in relation to drug trafficking crimes

Minimum mandatory term of 10 years, and up to life, in federal prison (to run consecutive to any other term of imprisonment), or death.

Andrew Thompson

(Count Eleven)

Possession of firearms and ammunition while subject to a restraining order

10 years in federal prison.

Jordan Rodriguez

Andrew Thompson

Alfonzo Churchwell

Jesse Rodriguez

(Count Twelve)

Using or maintaining a drug premises

20 years in federal prison.

Jacksonville, Florida – Anthony Davis Stagnitta (21, Jacksonville) has been arrested and charged by a federal criminal complaint with knowingly distributing child pornography using the internet. He faces a minimum mandatory penalty of 5 years, and up to 20 years, in federal prison and a potential life term of supervised release. Stagnitta was detained pending a detention hearing that is scheduled for May 24, 2018. 

According to the complaint, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) conducted an undercover child exploitation investigation and determined that an individual using a messaging application had distributed two videos depicting the sexual abuse of infant children. The user was traced to Stagnitta’s home. On April 30, 2018, law enforcement officers executed a search warrant at his residence. During an interview, Stagnitta stated that he was a member of multiple group chats that discussed child pornography on this particular app, that he had sent videos containing child pornography to other app users via private messaging or posted them in the group chats, and that he had received approximately 150 files containing child pornography. An onsite forensic examination of Stagnitta’s smart phone revealed at least 25 images depicting young girls and boys being sexually abused.

This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Jacksonville Sheriff’s Office. 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.

Jacksonville, Florida – Paul Edward Lee, Jr. (38, Jacksonville) has been arrested and charged by a federal criminal complaint with soliciting child pornography using the internet. In 2011, Lee was convicted of lewd and lascivious molestation of a child in Duval County Circuit Court and is required to register as a sexual predator. Because of this prior conviction, Lee faces an enhanced minimum mandatory penalty of 25 years, and up to 50 years, in federal prison and a potential life term of supervision. He is currently in federal custody pending his detention hearing on May 7, 2018. 

According to the complaint, a law enforcement officer in Illinois discovered that a child was having online contact with a 38-year-old male in Florida through a smart phone application designed for children. The messages exchanged between the child and the adult, later identified as Lee, were sexual in nature.

On April 25, 2018, an FBI agent in Jacksonville, posing as the child, continued to communicate with Lee through text messaging. During these communications, Lee told the “child,” in graphic terms, how he wanted to have sex with “her,’’ and sent “her” several images and videos of his genitalia. On April 27, 2018, Lee repeatedly solicited the “child” to produce and send him graphic images and a video of “her” genitalia. On May 2, 2018, law enforcement officers executed a search warrant at Lee’s home and placed him under arrest.

This case was investigated by the FBI and the Jacksonville Sheriff’s Office. 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.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Ryan Elton Devore (31, Satsuma) to seven years in federal prison for receiving child sexual abuse videos over the internet. He was also ordered to serve a 15-year term of supervised release, register as a sex offender, and pay $3,000 in restitution to child victims. 

According to court documents, on July 18, 2017, law enforcement officers executed a search warrant at Devore’s home in connection with an online child exploitation investigation. When the agents asked Devore if he had come across pornography involving children under the age of 12, he responded affirmatively. Forensic analyses from Devore’s custom-built computer tower and cellphone revealed that the devices contained numerous depictions of child pornography, including at least 400 videos of children being sexually abused.   

This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Gainesville Police Department, and the Putnam County Sheriff’s Office. 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.

Tampa, FL – Jorge Eliecer Cifuentes-Cuero (54, Colombia, South America) has pleaded guilty to conspiracy to possess with the intent to distribute five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.

According to court documents, Cifuentes-Cuero was a principal member of a Colombian and Ecuadorean-based drug trafficking organization. He initially worked as a mechanic and mariner onboard vessels in the Eastern Pacific Ocean, and later, as he accumulated wealth, became an organizer of multi-ton cocaine loads transported by vessel from Colombia and Ecuador to locations in Central and Latin America. Cifuentes-Cuero is responsible for several maritime smuggling ventures in the international waters of the Eastern Pacific Ocean. In January 2013 and July 2014, the U.S. Coast Guard interdicted loads of cocaine, totaling over 1,000 kilograms, that were being smuggled aboard vessels (commonly referred to as “go-fast boats”).

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. 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 case was prosecuted by Assistant United States Attorney Thomas Palermo and Special Assistant United States Attorney Rebecca L. Castaneda. 

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Romany Cutolo Bonente (33, São Paulo, Brazil) to four years and nine months in federal prison for conspiring to produce and use counterfeit debit cards and for aggravated identity theft. He pleaded guilty on December 1, 2017.

According to court documents, between December 2016 and July 2017, Bonente and his co-conspirators fraudulently obtained debit card numbers by attaching skimming devices to various ATMs in the Orlando area, including  Longwood, Kissimmee, and Apopka. They also illegally obtained personal identification numbers (PINs) by attaching small video recording devices to the ATMs. The stolen card numbers were then encoded onto counterfeit cards, which they used together with the stolen PINs, to make fraudulent cash withdrawals from the victims’ bank accounts. Investigators recovered more than 2,500 stolen card numbers from Bonente’s laptop computer.

This case was investigated by the U.S. Secret Service, Orlando Field Office, the Apopka Police Department, and the U.S. Secret Service Brazil Resident Office. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Armando Lafuente (56, Palm Bay) to 12 months and 1 day in federal prison for theft of government money. As part of his sentence, the court also entered a money judgment for $157,471.57, the proceeds of the offense. Lafuente pleaded guilty on November 27, 2017.

According to court documents, between December 2009 and January 2017, Lafuente obtained various disability benefits from the Department of Veterans Affairs (VA) by claiming that he had completely lost the use of both of his feet due to a prior, service-connected injury. An investigation conducted by the VA Office of Inspector General confirmed that Lafuente had not completely lost the use of his feet; on the contrary, he could perform a wide range of normal activities—including walking, driving, climbing ladders, and mowing his lawn. The disability benefits Lafuente had received included special monthly compensation payments, transportation services, and an automobile grant. 

This case was investigated by the Department of Veterans Affairs, Office of Inspector General. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Vincent J. Jones, Jr. (47, Fernandina Beach) to eight years and four months in federal prison for distributing cocaine. He pleaded guilty on January 23, 2018. 

According to court documents, Jones sold cocaine to a confidential informant on three separate occasions in October 2017. When law enforcement officers witnessed him driving and attempted to arrest him pursuant to a warrant, he refused to pull over. The officers witnessed him throw a bag of crack cocaine out of the window before he eventually stopped his car. At the time of this incident, Jones had 10 prior felony drug convictions.

This case was investigated by the Nassau County Sheriff’s Office and the FBI.  It was prosecuted by Assistant United States Attorney Michael J. Coolican.

Jacksonville, Florida – U.S. District Judge Maria Morales Howard has sentenced James Edward Langford, IV (30, Jacksonville) to 33 months in federal prison for manufacturing and possessing counterfeit Federal Reserve notes.

According to court documents, in late July 2017, law enforcement officers received information that Langford was manufacturing counterfeit Federal Reserve notes at a hotel in Jacksonville. On July 25, 2017, U.S. Secret Service agents surveilled the hotel room and observed Langford and two others leave the room. Langford and one of the individuals discarded full trash bags by the hotel’s trash area. A search of the bags revealed several uncut sheets of wadded paper with printed images of counterfeit $20 bills.

Later that day, agents observed Langford leave the room and exit the hotel parking lot. Surveillance teams observed him driving erratically, cutting across three lanes of traffic, speeding, and entering an intersection and then making a sudden U-turn. Law enforcement initiated a traffic stop and, during a search of Langford, multiple counterfeit $20 Federal Reserve notes were recovered from Langford’s wallet. A subsequent search of Langford’s hotel room revealed numerous counterfeit notes and the computer media used to manufacture them, along with chemicals commonly used to remove the ink from genuine bills during the counterfeiting process.  

This case was investigated by the United States Secret Service - Jacksonville Field Office and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Bakari McCant (26, Orlando) to 32 years in federal prison for committing armed robberies at two Orlando-area Walmart Neighborhood Markets, for conspiring and attempting to commit a third armed robbery at a Walmart Neighborhood Market in Kissimmee, for possessing a firearm as a convicted felon, and for brandishing and possessing firearms during crimes of violence. He was found guilty on January 29, 2018, following a bench trial. In addition, Jarvis Wingster (28, Ocoee) and DeAndre Brewer (26, Orlando) were sentenced to 8 years’ imprisonment and 7 years and 1 month in federal prison, respectively, for their participation in the attempted armed robbery in Kissimmee and for possessing firearms in furtherance of that crime. They pleaded guilty on January 5, 2018.

According to court documents, shortly after midnight on June 2, 2017, McCant and two accomplices robbed the Walmart Neighborhood Market on Clarcona Ocoee Road in Orlando. On July 31, 2017, at approximately 3 a.m., McCant and two accomplices robbed the Walmart Neighborhood Market on South Orange Avenue in Orlando. During each of the robberies, McCant and one accomplice forced one or two employees into the cashier room at gunpoint and stole cash from the safe while another accomplice held the customers and remaining employees at gunpoint at the front of the store. During the first robbery, McCant fired a shot in the direction of an employee. He and his accomplices also displayed firearms and wore masks and gloves to conceal their identities during each of the robberies. In total, McCant and his accomplices stole more than $98,000 during these robberies.

In addition, shortly before midnight on August 16, 2017, law enforcement officers intercepted McCant, Wingster, and Brewer as they attempted to carry out an armed robbery at the Walmart Neighborhood Market on East Osceola Parkway in Kissimmee. At that time, they were each in possession of a firearm, mask, and gloves, which they intended to use to complete the robbery.

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.

Orlando, Florida – U.S. District Judge Paul Byron today sentenced Jeremy Achey (43, Bethlehem, Pennsylvania) to life in federal prison for conspiracy to distribute and distribution of controlled substance analogues. A federal jury found Achey guilty of the offenses on January 25, 2018.

“Today’s sentence underscores the severity of these crimes, and their lethal consequences,” said U.S. Attorney Chapa Lopez. “Combating such crimes remain a top priority of our office. We will continue to prosecute them to the fullest extent of the law.”

“The sentence delivered today illustrates the dangers of illicit drugs mixed with fentanyl,” said Adolphus P. Wright, Special Agent in Charge of the DEA, Miami Field Division. “Let me be clear to all those who feel safe hiding behind the dark web to dispense lethal drugs, you will eventually pay a high price for your actions.”

According to testimony presented at trial, Achey, operating under the name “EtiKing,” was one of the largest synthetic drug distributors on Alphabay Market, a “Darknet” marketplace for illicit substances. Achey used the U.S. Mail to distribute thousands of packages containing numerous synthetic drugs to hundreds of customers throughout the United States. On February 27, 2017, he sold one gram of Tetrahydrofuran fentanyl (a synthetic analogue of fentanyl) that killed a 24-year-old woman in Orlando. 

This case was investigated by the Drug Enforcement Administration, with assistance from the Pennsylvania State Troopers, the Orange County Sheriff’s Office, the U.S. Postal Inspection Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Loudoun County (Virginia) Sheriff’s Office. It was prosecuted by Assistant United States Attorney Nathan W. Hill.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Daniel Dale Barton, Sr. (57, Brevard County) to seven years in federal prison for receipt of child pornography. The court also ordered him to serve a 10-year term of supervised release and to forfeit a laptop computer, which was used in committing the offense. Barton pleaded guilty on February 7, 2018.

According to court documents, on March 2, 2017, an FBI Task Force Agent identified an Internet Protocol (IP) address that was being used to distribute images of child pornography. The agent downloaded child pornography images directly from the suspect’s computer and traced the IP address to a church located in Brevard County, Florida. On April 24, 2017, the agent executed a search warrant at the church, where she encountered Barton. Barton stated that he worked as a pastor for the church. He also admitted that he had used the church’s internet and his personal computer to search for and view child pornography. 

Specifically, Barton used peer-to-peer software to download images of child pornography and masturbated to those images. Barton stated that he had been viewing child pornography since he was a kid, felt guilty about viewing these images, and indicated that he had recently deleted them. A forensic analysis of Barton’s laptop computer revealed over 2,000 images of prepubescent girls engaged in the lascivious exhibition of genitals, which Barton had deleted from his computer.    

This case was investigated by the FBI and the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

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.

Tampa, Florida – John Lowell Goff, Jr. (46, Ruskin) today pleaded guilty to four counts of bank robbery. He faces a maximum penalty of 20 years in federal prison on each count. His co-defendant, Lemuel Tony Davis (43, Eufala, Alabama), previously pleaded guilty to one count of bank robbery. He faces a maximum penalty of 20 years in federal prison. Sentencing dates have not yet been set.

According to court documents, Goff robbed the BB&T bank located at 5331 Spring Hill Drive (Spring Hill) on August 29, 2017 and again on September 20, 2017; the Fifth Third bank located at 16509 Fishhawk Boulevard (Lithia) on September 5, 2017; and the BB&T bank located at 180 North Suncoast Boulevard (Crystal River) on September 6, 2017. During each of these robberies, Goff intimidated the bank tellers by implying that he would hurt them and threatening that he had a gun on at least one occasion. Consequently, all of the tellers gave Goff money from their banks’ cash drawers. When Goff robbed the Spring Hill BB&T bank the second time, he fled the scene in a car driven by Davis. Shortly thereafter, responding law enforcement officers pulled the car over and arrested both men.

This case was investigated by the FBI, the Hernando County Sheriff’s Office, the Hillsborough County Sheriff’s Office, and the Citrus County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.

The president and owner of a Florida pharmacy that was at the center of a massive compounding pharmacy fraud scheme, which impacted private insurance companies, Medicare and TRICARE, was sentenced today to 180 months in prison and ordered to pay $54 million in restitution for his role in the scheme.  Six other individuals have previously been sentenced in connection to the scheme, and another is scheduled to be sentenced on Monday, April 30.  Various real properties, cars and a 50-foot boat were forfeited as part of the sentencings. 

 

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Eric W. Sporre of the FBI’s Tampa Field Office, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office, Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Special Agent in Charge John F. Khin of the U.S. Defense Criminal Investigative Service’s (DCIS) Southeast Field Office made the announcement.

 

Nicholas A. Borgesano Jr., 45, of New Port Richey, Florida, the president and owner of A to Z Pharmacy of New Port Richey, pleaded guilty on Nov. 6, 2017, in the Middle District of Florida to one count of conspiracy to commit health care fraud and one count of conspiracy to engage in monetary transactions involving criminally derived property.  His sentencing was before Senior U.S. District Judge James S. Moody Jr of the Middle District of Florida.  

 

According to admissions made as part of his plea agreement, Borgesano owned and operated numerous pharmacies and shell companies that he and his co-conspirators used to execute a fraud scheme involving prescription compounded medications.  The scheme generated over $100 million in fraud proceeds, he admitted.  Borgesano acquired and controlled A to Z Pharmacy in New Port Richey, Havana Pharmacy, Medplus/New Life Pharmacy and Metropolitan Pharmacy, all of Miami; and Jaimy Pharmacy and Prestige Pharmacy, both of Hialeah, Florida.  He admitted using these pharmacies to cause the submission of false and fraudulent reimbursement claims for prescription compounded medications, chiefly pain creams and scar creams, to private insurance companies, Medicare and TRICARE.  Borgesano admitted that he and his co-conspirators manipulated billing codes in the reimbursement claims and submitted reimbursement claims for pharmaceutical ingredients they did not have.  Borgesano and his co-conspirators also paid kickbacks and bribes in exchange for prescriptions and patient identifying information used to further the scheme, including to a physician in exchange for the physician signing prescriptions for patients he never saw.  Borgesano admitted using A to Z Pharmacy as the hub of his operation on behalf of all his pharmacies.  He disbursed proceeds of the fraud scheme through a variety of methods, including by check and wire transfer to co-conspirators’ shell companies and through the purchase of assets, he admitted. 

 

In addition to Borgesano, the following defendants have previously been sentenced for their roles in the scheme:

 

• Scott P. Piccininni, 49, of Fort Lauderdale, Florida, sentenced to 51 months in prison;
• Bradley Sirkin, 55, of Boca Raton, Florida, sentenced to 46 months in prison;
• Peter B. Williams, 57, of New Port Richey, sentenced to 26 months in prison, to be served consecutively to a 60-month sentence of imprisonment he is serving as a result of his guilty plea to a separate indictment returned in the Southern District of Florida;
• Joseph Degregorio, 71, of New Port Richey, sentenced to one year and one day in prison;
• Matthew N. Sterner, 48, of New Port Richey, sentenced to 36 months in prison; and
• Edwin Patrick Young, 49, of New Port Richey, sentenced to 66 months in prison.

 

Wayne M. Kreisberg, 40, of Parkland, Florida, is scheduled to be sentenced on April 30.

 

Among the items forfeited were several cars, including a 1936 Ford Deluxe, a 1964 Chevrolet Corvette convertible, a 1967 Chevrolet Camaro, a 1970 Chevrolet Monte Carlo and a 2008 Lamborghini convertible.  Several boats were forfeited, including a 2009 50’7” Cigarette racing boat.   The combined equity in the real properties, cars and boat that were forfeited is over $7.6 million.  The real properties, cars and boat had been purchased with proceeds from the fraud scheme. 

 

This case was investigated by the FBI with support from HHS-OIG and DCIS and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida.  The case is being prosecuted by Trial Attorney Timothy P. Loper of the Fraud Section.  The case was previously handled by Senior Trial Attorney Christopher Hunter, previously of the Fraud Section.

 

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.  The Medicare Fraud Strike Force operates in nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.