Middle District of Florida

Tampa, Florida – U.S. District Judge Charlene Honeywell today sentenced Paul Dale Pollitt, III (40) to 20 years in federal prison for production of child pornography. The Court also ordered him to forfeit the cellphone he had used to commit the offense. Pollitt pleaded guilty on November 15, 2016.

According to court documents, an undercover police detective working as part of a multi-jurisdictional Child Exploitation Task Force posted an online advertisement on a site frequented by individuals that have a sexual interest in children. In November 2015, Pollitt reached out to this undercover officer, believing him to be a man similarly interested in this type of activity.

Pollitt chatted with the undercover officer for several days and traded multiple images of a child, including an image of child pornography. Pollitt told the undercover officer that he would be seeing the child the following weekend, and intended to take additional photographs of her. Law enforcement officers then engaged in an effort to identify and locate Pollitt before he would again have access to the victim.

Ultimately, Pollitt was arrested and his electronic devices were seized. A review of those devices revealed that Pollitt had been chatting with anonymous men online about molesting the victim for over a year. Several additional photographs were found of the victim, including several additional images of child pornography.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Rachel K. Jones and Stacie B. Harris.

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, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Zhenya Bulgakov (40, Largo) to 12 years and 11 months in federal prison for possessing with the intent to distribute 50 grams or more of methamphetamine. The Court also ordered him to forfeit a Hummer limousine that is traceable to the proceeds of the offense. Bulgakov pleaded guilty on September 19, 2016.

According to court documents, on April 29, 2016, Bulgakov was driving with a passenger in his truck in the Clearwater Beach area. During a traffic stop and search of that vehicle, law enforcement officers located a hidden safe containing more than $113,000 in cash and approximately 360 grams of 99% pure methamphetamine. Prior to that date, Bulgakov had purchased, transported, and sold 14 pounds of methamphetamine and had arranged to purchase a similar amount in the near future.

This case was investigated by the FBI. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III, announces the arrest of Dreshawn Royell Mays (23, Jacksonville) for conspiracy to defraud the United States, theft of government money, and aggravated identity theft. If convicted, he faces 12 years’ imprisonment and could be ordered to pay restitution of at least $67,859 to the Internal Revenue Service. Earlier this week, Mays was ordered detained pending trial. He was indicted on May 26, 2016.

Charmaine Bates (42, Jacksonville) also was indicted on May 26, 2016, and she has since pleaded guilty to conspiracy to defraud the United States and aggravated identity theft. Her sentencing hearing is scheduled for February 28, 2017, in Jacksonville.

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

The case was investigated by the Internal Revenue Service - Criminal Investigation’s North Florida Financial Crimes Task Force, which is comprised of Internal Revenue Service – Criminal Investigation, the United States Secret Service, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Jose Salvador Lantigua (63) to 14 years in federal prison for bank fraud and conspiracy to commit mail and wire fraud. His wife, Daphne Simpson, was sentenced to 5 years’ probation but had already served 17 months of pretrial detention. Both will also be ordered to make complete restitution to the victims of the charged offenses. They pleaded guilty in September 2016.

According to court documents, Lantigua owned and operated Circle K, a furniture store in Jacksonville. In 2012, Circle K was suffering financial problems and Lantigua sought financing for the business from banks and personal lenders. Using false and fraudulent documents, Lantigua procured $2 million in loans from a Jacksonville bank.

In January 2013, Lantigua lied to Simpson and told her that he was suffering from Creutzfeldt-Jakob Disease (CJD), commonly referred to as “Mad Cow Disease,” that he had six months to a year to live, and that he could receive surgical treatment for his disease, but not in the United States. Initially, Lantigua told Simpson that he would be traveling to Colombia, South America, for the potentially life-saving surgery. Shortly before he was scheduled to leave, however, he told her that he did not have CJD, but that his past was catching up with him from his time with an Army military special operations “team.” He explained that the “team” had killed a drug cartel leader and he was currently being blackmailed by a rogue CIA agent who would expose Lantigua’s identity to the alleged cartel member’s son if he did not satisfy the blackmail demands. He also told his wife that both their families were in danger and that he needed to fake his death in order to protect them. This new explanation was also entirely false. Lantigua then developed a plan to leave the country and to secure a fraudulent death certificate.

In April 2013, Lantigua traveled to Margarita Island, just off the coast of Venezuela, and purchased a sham death certificate and a fraudulent certificate of cremation. Later in the month, Simpson joined Lantigua in Venezuela, where she obtained a certificate of death abroad using the sham death certificate and certificate of cremation. She then returned to Jacksonville.

In June 2013, Simpson began to submit fraudulent claims to seven life insurance companies. The death benefit applications claimed that her husband had died due to complications from CJD and that the purpose of his trip to Venezuela had been to seek medical treatment. In total, Lantigua had seven separate life insurance policies cumulatively valued at more than $6.6 million. Based upon issues identified by several of the companies, however, only three polices paid death benefits, which totaled $871,067.11.

In the fall of 2013, Simpson took a cruise to the Bahamas to meet up with Lantigua. While in the Bahamas, they paid an individual $5,000 to smuggle them into the United States on a fishing boat. Once in the United States, Lantigua traveled under a false identification, using the name Harry Fields. In early December 2013, he traveled by bus to Jacksonville, where Simpson picked him up and they drove to a house they had purchased on their honeymoon in Cashiers, North Carolina.

On September 30, 2014, Lantigua went to a North Carolina Department of Motor Vehicles office and fraudulently obtained a driver’s license in a false name. Less than two months later, he went to a United States Post Office in North Carolina and fraudulently applied for a passport using the false name. Officials detected the passport fraud and also discovered a previous passport issued in the name Jose Salvador Lantigua.

On March 21, 2015, Special Agents from the State Department and the North Carolina State Bureau of Investigations conducted surveillance near the home that Lantigua had used in his fraudulent applications, confronted Lantigua, and then arrested him.

This case was investigated by the United States State Department, the United States Department of Health and Human Services, the Internal Revenue Service, the North Carolina Bureau of Investigations, and the Florida Department of Financial Services. It was prosecuted by Assistant United States Attorney Mark B. Devereaux.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Freddy Geovainni Mero Ancentales (36, Ecuador, South America) to 14 years in federal prison for conspiring with others to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. In January 2017, Judge Kovachevich sentenced co-defendants Juan Pablo Anchundia Calderon (38) and Joffre Lizandro Vilela Valencia (34), both of Ecuador, to 11 years and 3 months and 8 years and 1 month in federal prison, respectively, for committing the same offense.

Calderon and Vilela Valencia pleaded guilty on July 22, 2016. Mero Ancentales pleaded guilty on August 31, 2016.

According to court documents, in April 2016, Mero Ancentales, Vilela Valencia, and Anchundia Calderon were interdicted by the U.S. Coast Guard in the eastern Pacific Ocean and were caught jettisoning 14 bales of cocaine, weighing approximately 698 kilograms.

This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the 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 Frank Murray and former Special Assistant United States Attorney James R. Zoll.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Adrian Lark to six years in federal prison for theft of government funds and aggravated identity theft. He pleaded guilty on September 28, 2016.

According to court documents, between May 2011 and May 2013, Lark obtained the personal identifying information (PII) of others and then used it to file fraudulent tax returns with the IRS. During a search of his residence, law enforcement officers discovered notebooks of PII, as well as debit cards in other individuals’ names. The investigation revealed that Lark had filed more than 200 fraudulent tax returns requesting approximately $1.2 million in fraudulent tax refunds.

This case was investigated by Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorneys Sara C. Sweeney and Adam Saltzman.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Joseph Anthony Harris (51, Lake City) today pleaded guilty to possession with intent to distribute crack cocaine and possession of a firearm in furtherance of a drug trafficking crime. He faces up to 20 years in federal prison for the drug offense, to be followed by a minimum mandatory sentence of 5 years, up to life, in federal prison for the firearm offense.

According to the plea agreement, after Harris sold cocaine to a confidential informant, a multi-jurisdictional task force obtained a search warrant for his home. When officers arrived to execute the warrant, Harris fled, leading them on a car chase through his neighborhood. During the chase, Harris threw a bottle containing crack cocaine from his car. He eventually stopped and was arrested. In his home, officers found more crack cocaine and a loaded .38 caliber handgun.

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

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces the arrest of David Wright (28, Sebastian, FL) in the Eastern District of Virginia. Wright has been charged in two separate indictments with attempted enticement of a minor and failure to appear, respectively. If convicted of the attempted enticement charge, he faces a maximum penalty of life in federal prison. If convicted of the failure to appear charge, he faces a maximum penalty of 10 years in federal prison.

According to court documents, between January 2 and January 9, 2013, Wright attempted to entice a minor to engage in sexual activity. He failed to appear for his federal trial in the Middle District of Florida and on June 11, 2014, a bench warrant was issued. Wright fled to Dubai but was apprehended by law enforcement. After his arrest, he was remanded to the custody of the United States Marshals Service pending further proceedings in the Middle District of Florida.

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 U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Marshals Service. It will be prosecuted by Assistant United States Attorney James D. Mandolfo.

Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Anthony Maresca (54, Holiday) to 40 years in federal prison for multiple armed bank robberies in the Tampa Bay Area. He pleaded guilty in October 2016.

According to court documents, beginning in late 2014, Maresca robbed eight banks in Pinellas and Pasco counties over a six-month period. Each time, he wore a disguise, pointed a silver handgun at the teller, and demanded cash. The robbery spree began shortly after Maresca learned that law enforcement officers wanted to question him regarding the 2014 murder of Pasco county resident Billy Shuler. Maresca left his Holiday home and lived out of local motels until he was eventually arrested. The federal case has concluded and Maresca now faces a first degree murder charge in the Shuler case brought by state authorities.

The bank robberies were investigated by the Federal Bureau of Investigation, the Pinellas County Sheriff’s Office, the Pasco County Sheriff’s Office, the Hernando County Sheriff’s Office, the Clearwater Police Department, and the Pinellas Park Police Department. The case was prosecuted by Assistant United States Attorneys Michael Leeman and Simon Gaugush.

Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Francisco Avellaneda-Hernandez, a/k/a “Flaco” (28, Bradenton), Gonzalo Delarosa, a/k/a “Gordo” (24, Bradenton), Glenn Olvera (25, Sarasota), Sergio David Gutierrez-Olmos, a/k/a “Chavo,” a/k/a “Chilango” (36, Bradenton), and Alexis Hernandez, a/k/a “Alex” (53, Atlanta, GA) with conspiracy to distribute and possess with the intent to distribute more than five-hundred grams of methamphetamine and more than one kilogram of heroin. If convicted on all counts, each faces a minimum mandatory of 10 years, up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit any assets that are alleged to be traceable to proceeds of the offense.

According to the indictment, between April and November 2016, the individuals conspired to distribute methamphetamine and heroin. In addition to the conspiracy, Avellaneda-Hernandez, Delarosa, Gutierrez-Olmos, and Olvera are charged in separate counts with possession of methamphetamine with the intent to distribute it.

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 is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Amarillo Sky.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the U.S. Customs and Border Patrol, the Polk County Sheriff’s Office, the Manatee County Sheriff’s Office, the Pasco County Sheriff’s Office, the Hardee County Sheriff’s Office, the Lakeland Police Department, the Plant City Police Department, and the New York Police Department. It will be prosecuted by Assistant United States Attorney Dan Baeza.

Fort Myers, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found three brothers from Cape Coral, Gorge Antonio Vargas (34), Javier Martin Villar (47), and Daniel Vargas (32), and an associate, Zacharias Abab Aguedo (36, Fort Myers), guilty of conspiracy to possess with the intent to distribute one kilogram or more of heroin. The jury also found Gorge Vargas, Daniel Vargas, and Zacharias Abab Aguedo guilty of possession with the intent to distribute, and distribution of heroin. Javier Martin Villar previously pleaded to the same charge. Each faces a minimum mandatory penalty of 10 years, up to life, in federal prison. The sentencing hearings have been set for May 15, 2017.

According to evidence presented at trial, between January 1, 2013, and September 2, 2015, Gorge Vargas was the leader of the conspiracy that distributed massive quantities of heroin from a drug house located on Dean Street in the Tice neighborhood of Fort Myers. Vargas’s brother, Javier Martin Villar, joined the conspiracy in 2013, and his other brother, Daniel Vargas, joined the conspiracy in 2015. The brothers would receive large amounts of heroin from Chicago, repackage it into smaller baggies, and then distribute it in Fort Myers for $20 per bag.

As part of this case, deputies from the Lee County Sheriff’s Office (LCSO) seized more than 1.35 kilograms (approximately 3 pounds) of uncut heroin. At the time of the seizure, this was the largest single seizure of heroin in LCSO history. In addition, several firearms were recovered, including a pistol-grip style AK-47, two semi-automatic firearms, and one revolver, all of which were located in close proximity to distribution amounts of heroin. LCSO also seized multiple vehicles and more than $40,000 in connection with this heroin distribution conspiracy.

This case was investigated by the Lee County Sheriff’s Office Field Support Unit and the Federal Bureau of Investigation’s Violent Crimes Task Force. It is being prosecuted by Assistant United States Attorneys Charles Schmitz and Simon R. Eth.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced James Long (44, Brevard County) to 15 years in federal prison for conspiracy to commit money laundering. The Court also ordered him to forfeit numerous assets, including cash and real estate properties, which were proceeds traceable to the offense. He pleaded guilty on October 11, 2016.

According to the plea agreement, between 2010 and June 2013, Long and others used the Professional Pain Center located at 860 East State Road 434 in Longwood to cause the distribution and dispensation of controlled substances outside the usual course of professional practice and for no legitimate medical purpose.

Long, as president and owner of the clinic, employed approximately 10 physicians who were willing to write unlawful and invalid prescriptions for Schedule II and Schedule III controlled substances. Long admitted that doctors working for his clinic had engaged in a pattern of issuing prescriptions for controlled substances without a legitimate medical reason, outside the usual course of professional practice. According to the plea agreement, any reasonably prudent physician would not have issued such prescriptions for controlled substances in the quantity and combinations prescribed because of the danger of overdose and death, coupled with the likelihood of diversion.

Long and his conspirators also conducted financial transactions involving the drug proceeds to conceal the source of the funds. These transactions generally involved the structuring of cash deposits and the purchase of properties and other assets.

This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

Fort Myers, FL – United States Attorney A. Lee Bentley, III announces that Meir Daller, M.D. has agreed to pay $3.81 million to the government to resolve allegations that he violated the False Claims Act by causing claims to be submitted to federal health care programs for laboratory tests that were not medically necessary.

During the relevant time period, Dr. Daller was a urologist practicing as part of Gulfstream Urology, which was a division of 21st Century Oncology, LLC. 21st Century is a nationwide provider of integrated cancer care services that is headquartered in Fort Myers. As part of its business, 21st Century employs and affiliates with physicians in specialty fields such as radiation oncology, medical oncology, and urology.

The settlement announced today resolves allegations that Dr. Daller submitted claims to Medicare and Tricare for fluorescence in situ hybridization, or “FISH,” tests that were not medically necessary. FISH tests are laboratory tests performed on urine that can detect genetic abnormalities associated with bladder cancer. Medicare does not consider a FISH test reasonable or necessary unless it is used to monitor for tumor reoccurrence in a patient previously diagnosed with bladder cancer or unless, after performing a full urologic workup, the physician has reason to suspect that a patient with hematuria (i.e., blood in the urine) may have bladder cancer.

Beginning in 2009, Dr. Daller began referring all of the FISH testing ordered by him to a laboratory owned and operated by 21st Century. During the relevant time, Dr. Daller ordered over 13,000 separate FISH tests on his Medicare patients, making him the number one referring physician in the country with respect to FISH tests. Dr. Daller was paid bonuses by the company based, in part, on the number of FISH tests he referred to 21st Century laboratory. During the relevant time, Dr. Daller received approximately $2 million in bonus payments from 21st Century associated with these FISH tests.

The allegations that doctors affiliated with 21st Century were ordering unnecessary FISH tests were originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The original lawsuit was captioned United States, State of Florida, ex rel. Mariela Barnes v. Dr. David Spellberg, 21st Century Oncology and Naples Urology Associates, Civil Action No. 2:13-cv-228-FtM-38DNF (M.D. Fla.).

In addition to the civil settlement, Dr. Daller has entered into a three-year Integrity Agreement with the Office of Inspector General of the United States Department of Health and Human Services. The Integrity Agreement, among other obligations, requires Dr. Daller to retain an Independent Review Organization to perform a Claims Review, as well as an Electronic Health Records Review to evaluate the appropriateness of any revisions made to the medical record after initial entry, pursuant to Medicare and Medicaid requirements.

In addition to the settlement announced today with Dr. Daller, the United States previously entered into settlements relating to similar allegations with 21st Century Oncology for $19.75 million and urologists David Spellberg, M.D. and Robert Scappa, D.O. for $1,050,000 and $250,000, respectively. As a result, the United States’ total recovery relating to the investigation of the use of FISH tests by doctor’s affiliated with 21st Century is now $24,860,000.

The whistleblower, a former medical assistant who worked for David Spellberg, M.D. at Naples Urology Associates, which was also a division of 21st Century Oncology, will receive $571,500 as her share of this recovery. This amount is in addition to a $3,437,000 million share she already received as a result of the settlements previously reached with David Spellberg, M.D, Robert Scappa, D.O., and 21st Century Oncology.

“Charging for clearly unnecessary medical services defrauds the government, threatens the viability of public health care programs, and breaches the sacred trust that physicians owe their patients,” said U.S. Attorney Bentley. “Our office will continue to pursue and hold accountable health care providers who defraud the United States.”

“Greed was the clear motive in this case," said Shimon R. Richmond, Special Agent in Charge for the HHS Office of the Inspector General. “Patients' needs played no role in ordering tests that were medically unnecessary and could have endangered patient care. Egregious fraud, such as alleged in this settlement, will not be tolerated. Together with our law enforcement partners, we will protect beneficiaries and the federal health care programs they rely upon.”

"The Defense Criminal Investigative Service (DCIS) continues to protect the integrity of the U.S. military health care program (TRICARE) against fraud as one of our top priorities. DCIS dedicates substantial resources to investigating both corporate and individual medical services providers who defraud the TRICARE program," said Special Agent in Charge John F. Khin, Southeast Field Office.

The investigation was handled by Trial Attorney Arthur Di Dio from the Civil Division’s Commercial Litigation Branch and Assistant U.S. Attorney Kyle S. Cohen, with assistance from DCIS, FBI, and the Department of Health and Human Services Office of Inspector General.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.4 billion through False Claims Act cases, with more than $19.6 billion of that amount recovered in cases involving fraud against federal health care programs.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Jamarian Oliver (29, Tampa) to 15 years in federal prison for selling crack cocaine and possessing a firearm as a convicted felon. He pleaded guilty on August 5, 2016.

According to court documents, in October 2015, detectives from the Hillsborough County Sheriff’s Office (HCSO) began investigating Oliver. On two separate occasions in October and November 2015, Oliver sold crack cocaine to a HCSO undercover detective (UC). In December 2015, Oliver again met with the UC and sold him a .22 caliber firearm. At the time of the offenses, Oliver had multiple prior felony convictions, including possession of cannabis, fleeing to elude, and delivery of a controlled substance, and was therefore 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 Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shauna S. Hale.

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime in communities.

Orlando, FL – United States Attorney A. Lee Bentley, III announces that Ricardo Rodriguez (24) and Brandon Mojica (23), both of Deltona, have pleaded guilty to armed bank robbery and brandishing a firearm during that robbery. Each faces a maximum penalty of 25 years in federal prison for the armed robbery, to be followed by a mandatory consecutive sentence of at least 7 years for the firearm charge. Rodriguez is scheduled to be sentenced on March 6, 2017, and Mojica is scheduled to be sentenced on April 24, 2017.

According to the plea agreements, on November 8, 2016, Rodriguez brandished a firearm and forced two bank employees, including Mojica, to provide access to the safe of a bank in Lake Mary. Rodriguez took $296,600 from the safe and physically restrained both employees before fleeing the bank. Responding officers from the Lake Mary Police Department quickly located, pursued, and apprehended Rodriguez following a high-speed chase. They also recovered the cash that Rodriguez had stolen from the bank and the firearm used during the robbery. Further investigation revealed that Mojica had assisted Rodriguez in planning the robbery by providing information concerning the bank and its employees in advance.

This case was investigated by the Lake Mary Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Matthew Allen Hayes (35, Osceola County) to more than 21 years and 10 months in federal prison for advertisement of child pornography. He pleaded guilty on September 15, 2016.

According to court documents, the Osceola County Sheriff’s Office (OCSO) began investigating Hayes after learning that he had advertised an interest in child pornography and had posted an image of child pornography on his Twitter page. On April 7, 2016, OCSO deputies executed a state search warrant at Hayes’s residence, where they located a cellphone with at least 100 videos containing child pornography, many depicting children under the age of 12. During an interview, Hayes admitted that he had posted the advertisement on Twitter, along with the image containing child pornography. He also admitted that he had been downloading, sharing, and viewing child pornography on various networks since his release from prison on October 24, 2015. When Hayes committed this offense, he was on supervised release following convictions in Manatee County on October 2, 2013, for armed burglary with a firearm and four counts of burglary of an occupied structure.

“Child pornography, when it’s released on the Internet, lives on forever,” said Susan L. McCormick, special agent in charge of HSI Tampa. “It haunts the innocent children whose abuse is depicted in the images, and brings unspeakable pain to their parents and families. HSI will continue to work closely with law enforcement partners, like the Osceola County Sheriff’s Office, to ensure that those who sexually exploit our children are brought to justice.”

This case was investigated by OCSO and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It was prosecuted by Special Assistant United States Attorney Christina R. Downes, on assignment from the Office of the Principal Legal Advisor, ICE.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (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.

Fort Myers, Florida – Senior United States District Judge John E. Steele today sentenced Jeffrey Ihm (49, Naples) to 11 years and 8 months in federal prison for wire fraud and aggravated identity theft. The Court ordered him to pay restitution totaling more than $2.2 million to financial institutions Wells Fargo Bank, CIT, and Key Equipment Finance. The Court also entered a forfeiture money judgment of over $2.2 million and specifically ordered the forfeiture of $315,000 of fraud proceeds previously seized from a Suncoast Credit Union checking account, as well as a house located in the Riverstone Community in Naples, that had been purchased with proceeds of the fraud scheme.

According to court documents, between February 2013 and July 2014, Ihm assumed the identities of and posed as executives of a number of companies. He then generated false and fraudulent emails and other documents in the names of the companies’ executives in order to defraud financial institutions, causing them to transfer to him $2,234,681 to which he was not entitled. Ihm used the money to purchase a house and otherwise enrich himself.

The Jacksonville Office of the Federal Bureau of Investigation and the Fort Myers Office of the United States Secret Service unraveled the electronic cyber trail tracing back to computer equipment associated with Ihm in Naples. Victims were identified in Jacksonville and Sarasota.

This case was investigated by the Fort Myers Office of the United States Secret Service and the Jacksonville Office of the Federal Bureau of Investigation with assistance from the Economic Crimes Unit of the Collier County Sherriff’s Office. The case was prosecuted by Assistant United States Attorneys David G. Lazarus and Dale R. Campion.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Brian Lee Adams (57, Jacksonville) to five years and four months in federal prison for theft of government property and aggravated identity theft. As part of the sentence, the Court also entered a money judgment in the amount of $33,292.36, the proceeds of the offenses. Adams pleaded guilty on October 31, 2016.

According to court documents, Adams’s mother died in an unknown manner some time before July 4, 2014. To conceal her death and to ensure that he could continue to receive her social security and pension benefits, Adams buried his mother in the backyard of her residence in Green Cove Springs, Florida. He received and used those benefits until authorities received a tip and discovered his mother’s body in June 2015.

This case was investigated by the Social Security Administration – Office of the Inspector General, the United States Secret Service, the Department of Health and Human Services – Office of Inspector General, the Florida Department of Law Enforcement, and the Clay County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Marquise Dahryan Newman (25, Jacksonville) has pleaded guilty to access device (credit card) fraud. He faces up to 10 years in federal prison. As part of his plea agreement, Newman agreed to pay restitution to Citibank. A sentencing date has not yet been set.

According to the plea agreement, in 2014, Newman was an employee of Citibank. As part of his job, he had access to Citibank customers’ credit and debit card information. In late 2014, Newman improperly accessed the customer information for A.G. and obtained a debit card for the account. After successfully obtaining the debit card on that account, Newman then improperly accessed the credit and debit card information for 50 more customers. In an effort to cover his criminal conduct, Newman put false notes into customers’ accounts indicating that the customers had contacted Citibank and stated that they intended to make large purchases in the near future. Thereafter, Newman used the stolen information to make multiple online purchases of merchandise.

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

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Jefferage Capice White (55, Jacksonville) has pleaded guilty to aggravated identity theft. He faces a mandatory minimum of two years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, in December 2015, White entered a Navy Federal Credit Union in Jacksonville and represented himself as J.F., an account holder at the credit union. He approached a teller, presented a counterfeit Florida driver license containing the personal identification information of J.F., and requested to make a cash withdrawal from J.F.’s account. Based on White’s suspicious behavior, the credit union employees notified the Jacksonville Sheriff’s Office (JSO). When approached by a JSO officer, White fled and was eventually apprehended after a physical struggle.

In a related case, Carlis Edward Williams (53, Jacksonville) pleaded guilty to aggravated identity theft on December 1, 2016. He faces a mandatory minimum of two years in federal prison for the aggravated identity theft charge. His sentencing is set for March 8, 2017.

These prosecutions are part of a broader investigation by law enforcement involving the manufacturing of counterfeit identification documents and identity theft.

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

Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Patrick Willie Smith (41, Daytona Beach) to 15 years in federal prison for being a felon in possession of a firearm. The Court also ordered him to forfeit an FEG (.45-caliber) pistol and seven rounds of .45-caliber ammunition. Smith pleaded guilty on September 21, 2016.

According to the plea agreement, in January 2016, Smith possessed a loaded pistol. At the time of the incident, he had 13 previous felony convictions and was therefore 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 Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime in communities.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Anthony J. Klatch, II (35, previously of Tampa) with one count of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison.

According to court documents, in or around 2011, Klatch pleaded guilty to federal charges of conspiracy, securities fraud, wire fraud, and money laundering in the Southern District of Alabama. After his release from federal prison in December 2014, Klatch began serving a term of supervised release in Tampa.

While on supervised release, Klatch directed the establishment of and controlled a company called Assurance Capital Management, LLC (“ACM”) and maintained a bank account at Chase Bank opened in the name of ACM. Between June and September 2015, Klatch used ACM to represent to investors and potential investors that ACM was a company with over $18 million in client assets under management and that ACM and those working for ACM engaged in profitable online stock trading on behalf of its investors. In truth, ACM was a shell company used by Klatch to induce and defraud investors.

In executing his scheme, Klatch would often disguise his true identity and tell investors that his name was “Larry Heim,” ACM’s fund manager. Klatch, often posing as “Larry Heim,” provided investors and potential investors false and fraudulent financial statements and other investment materials showing that ACM was profitable and had more than $18 million in online trading accounts and that its funds were profitably traded. In reality, ACM had few if any funds “under management,” and the funds ACM did have were either lost by Klatch during trading or used by him for personal expenditures. Klatch obtained funds from investors by directing them to wire funds to the ACM account at Chase Bank so those funds could be invested and/or traded. Klatch also directed investors to provide him with the access information for their online trading accounts, such as user name and password, so that he, often posing as “Larry Heim,” could trade those accounts on behalf of the investors. At no time during the scheme did Klatch tell his investors and potential investors that he had prior federal criminal convictions for conspiracy, securities fraud, wire fraud, and money laundering, or that he was banned by the Commodities Futures Trading Commission (CFTC) and the Securities Exchange Commission from trading in these markets.

A complaint 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 with the assistance from the CFTC. It will be prosecuted by Assistant United States Attorney Mandy Riedel.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that a federal jury in Jacksonville has found Matthew Bryan Caniff (33, Gainesville) guilty of attempted online enticement of a minor child to engage in illegal sexual activity, online solicitation of child pornography, and attempted production of child pornography. On the attempted online enticement count, Caniff faces a mandatory minimum penalty of 10 years, up to life, in prison. He also faces a minimum of 15 years, up to 30 years’ imprisonment each on the solicitation and the attempted production charges. Prior to his arrest, Caniff had worked as a pharmacy technician at UF Health Shands Hospital in Gainesville. A sentencing hearing is scheduled for April 26, 2017.

According to testimony and evidence introduced during the trial, from March 31, 2016, through April 1, 2016, Caniff engaged in a series of text conversations over the Internet with a person he believed to be a 13-year-old child. Unbeknownst to Caniff, this "child" was actually an undercover FBI agent. During the course of these online conversations, Caniff discussed his desire to have sex with the “child” in detail. He also made several requests for the “child” to send him images engaging in sexually explicit conduct.

In the early morning hours of April 1, 2016, Caniff drove his vehicle from his residence in Gainesville to a residence in St. Johns County to meet the “child” for sex. He was arrested at the meeting location by St. Johns County Sheriff's deputies. A search of his person revealed that Caniff had brought a plastic bag containing several prescription pills that he had taken from UF Health Shands Hospital and had intended to share with the “child” during their planned sexual encounter.

This case was investigated by the St. Johns County Sheriff’s Office and the Federal Bureau of Investigation. 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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Julie W. Kronhaus (52, Winter Park) has pleaded guilty to two counts of wire fraud and one count of bank fraud. She faces a maximum penalty of 20 years in federal prison for the wire fraud count and up to 30 years’ imprisonment for the bank fraud count. A sentencing date has not yet been set.

According to the plea agreement, from June 2009 to February 17, 2015, Kronhaus, who was a licensed attorney and Certified Public Accountant in Florida, defrauded her clients and banks of approximately $2.7 million. As part of her practice, Kronhaus would act as a trustee for her clients and also hold their money in various bank accounts depending on the purpose of trust. Instead of using the funds for the purpose intended by her clients, Kronhaus would divert the money into her law firm’s bank accounts and pay for her personal expenses.

In addition, Kronhaus engaged in a check kiting scheme where she would write checks with accounts that had insufficient funds. She would deposit the worthless checks into her trust account at another bank to give the appearance that there were sufficient funds in the account. She then issued checks from her trust account to her clients, taking advantage of the bank’s float time.

This case was investigated by the Seminole Financial Crimes Task Force and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney James D. Mandolfo.

Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Ross D. Pickard (63, Naples) with one count of conspiracy and three counts of loan and credit application fraud. If convicted, he faces up to 5 years in federal prison for the conspiracy count and up to 30 years on each of the fraud counts. The indictment also notifies him that the United States is seeking a money judgment for the proceeds of the charged criminal conduct.

According to the indictment, Pickard was a senior loan officer at JP Morgan Chase Bank. He conspired with others in a scheme to defraud the bank by completing, certifying, and submitting mortgage loan applications on behalf of borrowers that contained false and fraudulent statements. The false statements included, but were not limited to, false occupancy, overinflated income and assets, as well as the understated liabilities. By relying on Pickard’s false and fraudulent statements on the loan applications, JP Morgan Chase was induced into funding mortgage loans for otherwise unqualified borrowers.

An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, 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 and the Internal Revenue Service – Criminal Investigations Division. It will be prosecuted by Special Assistant United States Attorney Chris Poor.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Wilbert Theodore (30, Miami) and Ralph August Lohier (27, Miami) have pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft. Each face a maximum penalty of 20 years in federal prison for the conspiracy charge, to be followed by a consecutive mandatory minimum of 2 years’ imprisonment for the aggravated identity theft charge. As part of the plea agreement, both agreed to forfeit computer media and a credit card re-encoder utilized as part of their criminal activity.

According to the plea agreement, in 2016, Lohier and Theodore conspired with another individual in south Florida to obtain debit cards that had been re-encoded with legitimate account numbers assigned to genuine individuals. In doing so, Lohier was able to obtain fraudulent cards with Lohier’s name embossed on them. Another portion of the cards were embossed with the name C.S. Thereafter, Theodore obtained a counterfeit Florida Driver’s License in the name of C.S. After obtaining the cards and the counterfeit license, Lohier and Theodore traveled from south Florida to various places, including Flagler and Orange Counties, using the cards. They then purchased merchandise, funded reloadable debit cards, sent and received multiple money transfers through Western Union.

On March 8, 2016, a Florida Highway Patrol trooper conducted a traffic stop on I-95 in Flagler County, being driven by Lohier, with Theodore inside. During the stop, the trooper located the counterfeit driver’s license in the name of C.S., but containing a picture of Theodore. While detained in the trooper’s vehicle, Theodore and Lohier attempted to conceal a large quantity of re-encoded reloadable Visa debit cards within the rear section of the vehicle.

A search of Lohier’s vehicle revealed an additional quantity of re-encoded, reloaded debit cards in the name of the Lohier and C.S. Law enforcement also recovered computer media and a credit card re-encoder from the vehicle. Further investigation determined that Lohier and Theodore possessed 86 re-encoded cards.

This case was investigated by the Florida Highway Patrol and the United States Secret Service - Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich this week sentenced six individuals for their roles in wide-ranging racketeering and drug distribution conspiracies that involved seven murders, three kidnappings, multiple firearms and drug offenses, and related criminal conduct. The defendants were found guilty on September 8, 2016, following a three-month jury trial.

U.S. Attorney A. Lee Bentley, III, James Trusty, Chief of the Justice Department’s Organized Crime and Gang Section, and Special Agent in Charge Daryl McCrary of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Tampa Field Office, made the announcement.

Nathaniel Harris (25), a/k/a “Popo,” was sentenced to four life terms for the murders of Demetrius Cunningham and Calvin Barnes, and racketeering and drug trafficking conspiracy. In addition, he was sentenced to consecutive terms ranging from 10 to 25 years’ imprisonment for attempted murder, armed kidnapping, and drug and firearms offenses.

Napoleon Harris (32), a/k/a “Pole,” was sentenced to three life terms for the murder of Demetrius Cunningham, racketeering, and drug conspiracy. He was also sentenced to 10 years in prison for being a felon in possession of ammunition.

Charlie Green (30), aka “Mr. 30N32,” was sentenced to five life terms for the murders of Joseph Evans and Ceola Lazier, racketeering, drug conspiracy, and armed kidnapping.

Jerry Green (30), a/k/a “Jerk,” was sentenced to four life terms for the murders of Ceola Lazier and Carlos Jurado, racketeering, and drug conspiracy.

Deonte Martin (27), a/k/a “Tang,” was sentenced to three life terms for the murder of Brenton Coleman, racketeering, and drug trafficking conspiracy. He also received additional sentences ranging from 10 to 30 years for firearms and drug charges.

Corey Harris (26), aka “James,” was sentenced to 120 years in federal prison for drug trafficking and distribution of crack cocaine.

Nathaniel Harris and Napoleon Harris were also ordered to pay $8,000 restitution to the family of Demetrius Cunningham.

According to evidence presented at trial, the defendants were members of a racketeering enterprise that controlled illicit drug distribution and committed murders for hire in and around Bradenton. From about 2006 through 2014, the defendants were responsible for murdering seven individuals, including one victim who was gunned down at a community center in front of hundreds of children and their parents. The racketeering enterprise attempted to murder an eighth individual who survived, but is now paralyzed and confined to a wheelchair. The enterprise maintained a number of so-called “trap houses” that were used to distribute cocaine, cocaine base, MDMA, oxycodone and marijuana, and used extreme violence to collect drug debts and enforce its control of the drug trafficking in its territory. The enterprise also used threats of violence to prevent members of the community from testifying against its members.

“The sentences handed down this week were just in light of the scars these defendants inflicted on their community. Our thoughts remain with the families of the murdered victims,” stated U.S. Attorney Bentley. “The Department of Justice, working closely with our partners at all levels of law enforcement, will continue to use every available resource to protect vulnerable communities from the scourge of violent crime. We are deeply committed to dismantling violent criminal organizations.”

“A key component of ATF’s mission is reducing violent crime. These sentences represent a fulfillment of a promise that ATF made to this community to stand by them and we will continue to stand by them,” stated Special Agent in Charge Daryl McCrary of ATF-Tampa Division. “We appreciate the cooperation of our federal, state and local partners to this bring this case to a successful conclusion.”

Twelve enterprise members and co-conspirators previously pleaded guilty to drug trafficking, firearms, and other offenses in connection with this case.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Attorney’s Office of the Middle District of Florida investigated the case, with assistance from other federal, state, and local law enforcement agencies. Assistant U.S. Attorneys Christopher Murray, Natalie Adams and Walter “Terry” Furr of the Middle District of Florida, and Trial Attorney Marty Woelfle of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.

Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Deandre Marqui Gray (42, Houston, Texas) to 20 years in federal prison for conspiring to possess with intent to distribute five kilograms or more of cocaine. He pleaded guilty on November 2, 2016.

According to court documents, the Drug Enforcement Administration (DEA) began investigating Gray in December 2014, after seizing $104,000 and $18,000 from his drug associates. Those seizures led to the arrest of several individuals in the Middle District of Florida. A cooperating defendant (“CD”) relayed to DEA agents that he had been receiving cocaine from Gray, beginning in late 2014. According to the CD, he and others would travel to Houston, Texas to meet with Gray and then transport the cocaine back to Bradenton, Florida. The CD was paying Gray approximately $31,000 per kilogram to Gray. The money that was seized in December 2014 was intended to be used to purchase kilograms of cocaine from Gray. From September 2014 through May 2015, Gray was responsible for the transportation of 50 kilograms of cocaine from Texas to the Middle District of Florida.

This case was investigated by the DEA. It was prosecuted by Assistant United States Attorney Shauna S. Hale.

Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Peggy Washington (36, Palmetto) to three years and three months in federal prison for aggravated identity theft, wire fraud, and making false statements to government agencies. The Court also entered a money judgment in the amount of $36,355.93, which were traceable proceeds of the offenses. In addition, Washington was ordered to pay restitution in the amount of $48,926.93 to the defrauded government agencies.

According to court documents, Washington engaged in several different fraudulent schemes targeting recipients of public benefits programs and the agencies that administer those programs. She and her accomplices obtained stolen personal identifying information (PII) belonging to Social Security and Supplemental Nutrition Assistance Program (SNAP) recipients and then opened debit card accounts in those recipients’ names. Washington electronically diverted the recipients’ Social Security and SNAP benefit payments into the new accounts, and then withdrew them for her own use. In another scheme, Washington used stolen PII to file fraudulent tax returns. She then received the refund checks and cashed them for her own use. Washington also submitted Section 8 housing applications that misrepresented and concealed her assets, resulting in a significant overpayment of benefits.

This case was investigated by the Social Security Administration, the Department of Housing and Urban Development, the Internal Revenue Service – Criminal Investigation, and the Department of Agriculture. It was prosecuted by Assistant United States Attorney Eric K. Gerard and Department of Justice Trial Attorney Timothy Loper.

Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Dario Renteria-Garcia (41, Colombia, South America) to 18 years in federal prison for conspiring with others to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. He pleaded guilty on October 24, 2016.

According to the plea agreement, on multiple occasions between 2010 and 2013, Renteria-Garcia organized maritime cocaine shipments. Among other things, he recruited mariners to smuggle cocaine from Colombia by sea in September 2010 and January 2013. Those mariners were subsequently interdicted by the U.S. Coast Guard in the eastern Pacific Ocean with over 1,000 kilograms of cocaine. Renteria-Garcia was arrested in Colombia, and subsequently extradited to the United States.

This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) investigation comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, 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 Christopher F. Murray. The Office of International Affairs, U.S. Department of Justice assisted with Renteria-Garcia’s extradition from Colombia.

Noor Salman, 30, formerly of Fort Pierce, Florida, was charged by indictment with aiding and abetting Omar Mateen’s attempted provision and provision of material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, and obstruction of justice. If convicted on all counts, Salman faces a maximum penalty of life imprisonment.

Acting Assistant Attorney General for National Security Mary B. McCord and U.S. Attorney A. Lee Bentley, III for the Middle District of Florida made the announcement.

Salman was arrested in northern California on Monday, January 16, and made her initial appearance in federal court in Oakland, California earlier today. Salman was temporarily detained pending a status hearing on Wednesday, January 18.

According to the indictment, from no later than end of April 2016 through and including June 12, 2016, Salman aided and abetted Mateen’s attempted provision and provision of material support, namely, personnel and services, to ISIL, and the death of multiple victims resulted. Further, on June 12, 2016, Salman obstructed justice by engaging in misleading conduct towards officers of the Fort Pierce Police Department and special agents of the FBI in order to prevent them from communicating to agents, the U.S. Department of Justice and judges of the United States of America, information relating to the attack at the Pulse Night Club in Orlando, Florida.

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

This case was investigated by the FBI; the Orlando Police Department; the Orange County Sheriff’s Office in Florida; the Fort Pierce Police Department; the Saint Lucie County Sheriff’s Office in Florida; and the Florida Department of Law Enforcement. Assistance was provided by the IRS - Criminal Investigation division; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Martin County Sheriff’s Office in Florida; and the Sebastian Police Department in Florida. This case will be prosecuted by Assistant U.S. Attorneys Sara C. Sweeney, James D. Mandolfo and Roger B. Handberg for the Middle District of Florida and Trial Attorney Kevin C. Nunnally for the National Security Division’s Counterterrorism Section

Orlando, Florida – United States Attorney A. Lee Bentley, III and Acting Assistant Attorney General for National Security Mary B. McCord announce the return of an indictment charging Noor Salman (30, formerly of Fort Pierce, Florida) with aiding and abetting Omar Mateen’s attempted provision and provision of material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, and obstruction of justice. If convicted on all counts, she faces a maximum penalty of life imprisonment. Salman was arrested in northern California on Monday, January 16, 2017, and made her initial appearance in federal court in Oakland earlier today. She has been detained pending a status hearing on Wednesday, January 18, 2017.

According to the indictment, from no later than end of April 2016 through and including June 12, 2016, Salman aided and abetted Mateen’s attempted provision and provision of material support, namely, personnel and services, to ISIL, and the death of multiple victims resulted. Further, on June 12, 2016, Salman obstructed justice by engaging in misleading conduct towards officers of the Fort Pierce Police Department and special agents of the Federal Bureau of Investigation in order to prevent them from communicating to agents, the U.S. Department of Justice, and judges of the United States of America information relating to the attack at the Pulse Night Club in Orlando.

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

This case was investigated by the Federal Bureau of Investigation, the Orlando Police Department, the Orange County Sheriff’s Office, the Fort Pierce Police Department, the Saint Lucie County Sheriff’s Office, and the Florida Department of Law Enforcement, with assistance from the Internal Revenue Service - Criminal Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Martin County Sheriff’s Office and the Sebastian Police Department. It will be prosecuted by Assistant United States Attorneys Sara C. Sweeney, James D. Mandolfo, and Roger B. Handberg, and Trial Attorney Kevin C. Nunnally of the National Security Division’s Counterterrorism Section.

Tampa, FL – McKesson Corporation (McKesson), one of the nation’s largest distributors of pharmaceutical drugs, agreed to pay a record $150 million civil penalty for alleged violations of the Controlled Substances Act (CSA), U.S. Attorney A. Lee Bentley, III and Special Agent in Charge Adolphus P. Wright, DEA Miami Field Division announced today.

“This landmark $150 million settlement is the latest example of our ongoing efforts to fight prescription opioid abuse in the Middle District of Florida,” said United States Attorney Bentley. “Together with the $22 million civil settlement with CVS in 2015, and the $44 million civil settlement with Cardinal Health last year, this settlement demonstrates our willingness to use all remedies at our disposal to encourage corporations and individuals involved in the prescription opioid trade to act responsibly and to punish them when they fail to do so."

“Prescription drug abuse is a public health epidemic and every day, preventable overdoses of prescription pain pills needlessly claim the lives of Floridians,” stated Special Agent in Charge Wright. “The DEA is committed to keeping our community safe from those who facilitate and enable the abuse of prescription drugs. This action is an important step toward ensuring accountability of those who supply these pills and operate without regard for the public health and safety. National drug distributors are not above the law and cannot turn a blind eye to profit from this national public health crisis.”

The nationwide settlement requires McKesson to suspend sales of controlled substances from distribution centers in Colorado, Ohio, Michigan and Florida for multiple years. The staged suspensions are among the most severe sanctions ever agreed to by a DEA registered distributor. The settlement also imposes new and enhanced compliance obligations on McKesson’s distribution system.

In 2008, McKesson agreed to a $13.25 million civil penalty and administrative agreement for similar violations. In this case, the government alleged again that McKesson failed to design and implement an effective system to detect and report “suspicious orders” for controlled substances distributed to its independent and small chain pharmacy customers– i.e. orders that are unusual in their frequency, size, or other patterns. From 2008 until 2013, McKesson supplied various U.S. pharmacies an increasing amount of oxycodone and hydrocodone pills, frequently misused products that are part of the current opioid epidemic.

The government’s investigation developed evidence that even after designing a compliance program after the 2008 settlement, McKesson did not fully implement or adhere to its own program. In Colorado, for example, McKesson processed more than 1.6 million orders for controlled substances from June 2008 through May 2013, but reported just 16 orders as suspicious, all connected to one instance related to a recently terminated customer. DEA investigators in the Middle District of Florida determined that McKesson had failed to report pharmacy orders at its Lakeland, Florida distribution center for hydromorphone that dramatically exceeded historical sales levels by the ordering pharmacies.

In addition to the monetary penalties and suspensions, the government and McKesson agreed to enhanced compliance terms for the next five years. Among other things, McKesson has agreed to specific, rigorous staffing and organizational improvements; periodic auditing; and stipulated financial penalties for failing to adhere to the compliance terms. Critically, the settlement will require McKesson to engage an independent monitor to assess compliance – the first independent monitor of its kind in a CSA civil penalty settlement.

This was a multi-district investigation that involved the following DEA Field Divisions: Boston Field Division, Chicago Field Division, Denver Field Division, Detroit Field Division, Miami Field Division, Newark Field Division, San Francisco Field Division, St. Louis Field Division, and Washington District Office. The following U.S. Attorney’s Offices participated in the case: Central District of California, Eastern District of California, District of Colorado, Middle District of Florida, Eastern District of Kentucky, Northern District of Illinois, District of Massachusetts, Eastern District of Michigan, District of Nebraska, District of New Jersey, Northern District of West Virginia, and Western District of Wisconsin.

U.S. Attorneys’ Offices for the District of Colorado and the Northern District of West Virginia, along with DEA Office of Chief Counsel and Diversion Control Division, led the civil settlement negotiations. DEA’s Denver, Detroit and Miami Field Divisions, and its Washington Division Office led the administrative and civil investigation. The Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) also coordinated and assisted in negotiating certain portions of the settlement. Assistant United States Attorneys Amanda Rocque (Colorado) and Alan McGonigal (NDWV) represented the United States in the civil penalty investigations and negotiations. Assistant United States Attorney Randy Harwell represented the Middle District of Florida in the case as it pertained to the Lakeland, Florida investigation and penalty negotiations. Associate Chief Counsel Lee Reeves and Senior Attorneys Dedra Curteman, Dana Hill and Krista Tongring represented DEA in the investigations and negotiations. Trial Attorneys Harry Matz and Kirtland Marsh were involved for NDDS.

Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Igor Polshyn (42, Yalta, Ukraine) and Oleskii Tsurkan (52, Moscow, Russia) each to 25 years in federal prison for conspiring to possess and possessing with the intent to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States. A federal jury found them guilty on September 30, 2016.

According to testimony and evidence presented at trial, on November 7, 2015, a U.S. Customs and Border Protection P-3 Orion aircraft detected a sailboat 56 miles south of the Dominican Republic, traveling at night on the high seas with no lights, and on a course to travel through the Mona Passage between the Dominican Republic and Puerto Rico. The Orion crew alerted the United States Coast Guard, which dispatched the USCG Cutter Bernard C. Webber to interdict the vessel. The Webber interdicted the sailboat 26 miles south of the Dominican Republic, still on a course to take it through the Mona Passage. The sailboat flew the Spanish flag and bore a Spanish registration number on the stern. Polshyn was the master of the vessel and Tsurkan was its sole crew member.

The Coast Guard eventually boarded the sailboat and, during an initial safety sweep, found over 100 kilograms of cocaine over a bilge access. The Coast Guard ultimately recovered an additional 270 kilograms of cocaine, for a total of 370 kilograms (814 lbs.) of cocaine, including cocaine commingled with the food supplies of the crew. Officials from DEA-Madrid and the Coast Guard Investigative Service traced the vessel registration number back to a sailboat near Barcelona, Spain. The sailboat interdicted by the Coast Guard was a “ghost ship,” using the stolen identity of the vessel in Barcelona to mask its true identity. The recovered cocaine had an approximate wholesale value of $10 million.

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 Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Coast Guard Investigative Service, 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. It was prosecuted by Assistant United States Attorney Thomas N. Palermo.

Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Clement Ashford Reeves, Jr. (74, Yulee) to five years in federal prison for receiving videos over the Internet depicting children being sexually abused. He was also ordered to serve a five-year term of supervised release upon his release, to forfeit his computer media, and to register as a sex offender.

According to court documents, an agent with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations began an undercover operation to identify persons using the Internet to receive and share child pornography. The agent learned that a host computer in Florida had been sharing child pornography since December 15, 2011. That computer was traced to Reeves’s residence.

On June 3, 2015, agents met with Reeves at his home. During an interview, Reeves stated that he had downloaded depictions of prepubescent children, but his preference was for young girls. He also said that he had been using the file sharing program for 10-15 years. Agents seized several computer devices that contained 22 videos depicting young children being sexually abused.

This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Rowy De Jesus Vasquez (26, Altamonte Springs) to 30 years in federal prison, to be followed by 20 years of supervised release, for sex trafficking a minor. The Court also ordered him to pay $23,040 in restitution to his victim, and to register as sex offender. He pleaded guilty on October 20, 2016.

According to the plea agreement, between April 24, 2015, and June 10, 2015, Vasquez caused a 14-year-old girl to engage in commercial sex acts for his financial gain and profit. He provided the minor with a cellphone to communicate with potential customers and to post advertisements for prostitution services on the Backpage website. Vasquez also set the prices for the sex acts and kept all of the proceeds.

This case was investigated by the Federal Bureau of Investigation, with assistance from the Metropolitan Bureau of Investigation. 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 the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Michael Morgan Dietch (60, Port Orange) to 11 years and 3 months in federal prison for distribution of Schedule II controlled substances outside the usual course of professional practice, without a legitimate medical purpose. He pleaded guilty on October 28, 2016.

According to court documents, Dietch was a licensed physician in Florida who, between June 2011 and August 2012, prescribed Schedule II, III, and IV controlled substances such as oxycodone, hydromorphone, hydrocodone, fentanyl, Morphine, and Methadone to 150 to 200 patients. During this time, he arranged via text message for patients to come to his apartment, where he would provide the prescriptions. Dietch saw as many as 18 patients per day and charged $100 to $150 in cash for an appointment that generally lasted less than 10 minutes.

Many of Dietch’s patients were drug addicts who sold and traded their prescription pills with Dietch’s knowledge. On two occasions, Dietch bonded two of his patients out of a local jail for drug-related charges and then kept them on as patients, writing prescriptions for them for controlled substances. Dietch also wrote prescriptions for some patients who would have them filled but then gave the pills back to him. Dietch would then use some of these pills himself and provide the remaining pills to others.

“This was a fitting sentence for someone who abused his physician’s license to peddle dangerous, deadly, addictive substances without any demonstrated medical need.” said Sheriff Michael Chitwood.

This case was investigated by Drug Enforcement Administration and the Volusia County Sheriff’s Office, in conjunction with the Volusia Bureau of Investigation. It was prosecuted by Assistant United States Attorney Shawn P. Napier.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Akeitha Mumtaz Warner (29, Orlando) guilty of possessing 15 or more counterfeit access devices (credit cards) with the intent to defraud. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for April 3, 2017. Warner and his co-defendant, Ricardo Delgado-George (29, Kissimmee), were indicted on October 12, 2016. Delgado-George pleaded guilty to fraud-related charges on December 19, 2016, and is scheduled to be sentenced on March 13, 2017.

According to court documents and evidence presented at trial, Warner and Delgado-George were stopped by an Osceola County Sheriff’s deputy and found to be in possession of more than 100 counterfeit credit and debit cards, hundreds of account numbers, and equipment that could be used to re-encode cards. Both men admitted to using counterfeit cards at various central Florida stores and gas stations.

This case was investigated by the United States Secret Service and the Osceola County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.

Jacksonville, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Crystel Lee Riedling (44, Lake City) guilty of theft of government property and making a false statement. She faces a maximum penalty of 15 years in federal prison. Her sentencing hearing is scheduled for April 11, 2017. Riedling was indicted on February 18, 2016.

According to evidence presented at trial, Riedling, a U.S. Army veteran, received almost $300,000 in disability benefits over the past five to six years. She began receiving the benefits after claiming that she was completely unable to use her right arm. In reality, Riedling had use of her right arm and was seen using it. Two doctors testified that Riedling was malingering and exaggerating her injuries. Statements presented at trial also included Riedling’s admission that she knew that receiving these benefits was “completely wrong.” The jury also found Riedling guilty of making false statements to the United States after she told an investigator that she was totally and permanently disabled.

This case was investigated by the United States Department of Veterans Affairs – Office of Inspector General, the Social Security Administration - Office of the Inspector General, and the U.S. Department Health and Human Services – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Jason Mehta.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Simon Peter Danielson (37, Vancouver, British Columbia) to 10 years in federal prison for his role in a scheme to transport 250 kilograms of cocaine by boat from the Caribbean to the east coast of Canada. Danielson pleaded guilty in May 2016.

According to court documents, Danielson was piloting the sailing vessel (“SV”) Liberty in international waters when he was intercepted by a Royal Netherlands Navy ship approximately 82 miles northwest of Aruba. While preparing to board the SV Liberty, members of the United States Coast Guard Law Enforcement Detachment (“LEDET”) 405 aboard the Dutch vessel witnessed Danielson dumping kilogram-sized bricks into the water. Upon boarding the SV Liberty, the LEDET team recovered nine bales of cocaine, with a total weight of approximately 250 kilograms.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, and the Federal Bureau of Investigation, with assistance from the U.S. Coast Guard, the Royal Netherlands Navy, and the Royal Canadian Mounted Police. It was prosecuted by Assistant United States Attorney Eric K. Gerard.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Anthony Jeroid Cue (47, Daytona Beach) to 15 years in federal prison for possessing a firearm as a convicted felon. Cue’s prior criminal history, which includes convictions for several serious drug offenses, subjected him to enhanced penalties pursuant to the Armed Career Criminal Act. He pleaded guilty on October 27, 2016.

According to court documents, over the course of several months, Cue arranged for the sale of illegal narcotics and three firearms to a confidential informant. Following Cue’s arrest, agents recovered an additional five firearms that Cue had stored away from his residence.

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Embry J. Kidd.

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime in communities.

Tampa, FL – United States Attorney A. Lee Bentley, III announced today that Shire Pharmaceuticals LLC and other subsidiaries of Shire plc (Shire) will pay $350 million to settle federal and state False Claims Act allegations that Shire and the company it acquired in 2011, Advanced BioHealing (ABH), employed kickbacks and other unlawful methods to induce clinics and physicians to use or overuse its product “Dermagraft,” a bioengineered human skin substitute approved by the FDA for the treatment of diabetic foot ulcers.  Shire plc is a multinational pharmaceutical firm headquartered in Ireland, with its United States operational headquarters in Lexington, Massachusetts.  Shire sold the assets associated with Dermagraft in early 2014.   

“Flagrant and systemic kickback activity of the type at issue in this case is designed to impair and undermine a physician’s independent medical judgment, and will not be tolerated,” said U.S. Attorney Bentley.  “This lawsuit and today’s historic settlement demonstrate our office’s vigilant and on-going efforts to safeguard federal health care program beneficiaries from the effects of such illegal and deplorable conduct.”  In addition to this landmark civil settlement, the office continues to work diligently to bring to justice those individuals responsible for these illegal actions. Already, the MDFL has obtained the criminal convictions of three high-level executives who supervised the implementation of the illegal kickback scheme, as well as a number of healthcare providers who received kickbacks. 

“This settlement represents the largest False Claims Act recovery by the United States in a kickback case involving a medical device,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “Kickbacks by suppliers of healthcare goods and services cast a pall over the integrity of our health care system.  Patients deserve the unfettered, independent judgment of their health care professionals.”

The settlement resolves allegations that Dermagraft salespersons unlawfully induced clinics and physicians with lavish dinners, drinks, entertainment and travel; medical equipment and supplies; unwarranted payments for purported speaking engagements and bogus case studies; and cash, credits and rebates, to induce the use of Dermagraft. The Anti-Kickback Statute prohibits, among other things, the payment of remuneration to induce the use of medical devices covered by Medicare, Medicaid and other federally-funded health care programs, including the Department of Veterans Affairs (VA).  Claims filed in violation of the Anti-Kickback Statute are considered false or fraudulent under the False Claims Act.  In addition, the Anti-Bribery statute and the Federal Acquisition Regulations prohibit bribes to government officials or employees, including VA physicians, to obtain a contract or favorable treatment under a supply contract.  The United States alleged that as a result of its violation of these provisions, Shire submitted or caused to be submitted to federally-funded health care programs hundreds of millions of dollars of false claims for Dermagraft.

The U.S. Attorney’s Office for the District of Columbia also played an active role in this investigation, seeking redress in the civil agreement announced today for the losses sustained by the VA. “Giving kickbacks and gratuities to healthcare providers corrupts medical treatment by interjecting personal financial incentives into decisions that should focus on what is best for a particular patient,” said U.S. Attorney Channing D. Phillips for the District of Columbia.  “These types of unlawful incentives are particularly troubling when they seek to corrupt the medical treatment provided to our nation’s veterans.  We will aggressively pursue any company that engages in such reprehensible and unlawful conduct, which seeks to put a company’s financial gains ahead of providing the best medical treatment for those who bravely served in our Armed Forces.”

The U.S. Attorneys’ Office for the Eastern District of Pennsylvania and the Middle District of Tennessee also contributed to the investigation and resolution of these matters.  “Fraud against the health care program that exists for the benefit of our veterans, some of our most cherished citizens, as well as fraud against the Medicare program, is reprehensible and unacceptable,” said the Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania. “This resolution again demonstrates the capacity of the Department of Justice and our law enforcement partners across the country to work together to address unlawful conduct nationwide that affects veterans and other beneficiaries of federally funded health care programs.”

“The best interest of the patient is, and must be, the primary factor in a physician’s decision regarding patient care,” said U.S. Attorney David Rivera for the Middle District of Tennessee.  “As such, federal law protects patients from medical providers who enrich themselves through bribes and kickbacks by making illegal the payment of remuneration to induce the use of medical devises covered by federally-funded health care programs.  Such kickback schemes that interfere with physician-patient relationships and drive up the cost of healthcare for everyone, will be vigorously pursued and aggressively prosecuted.”

“U.S. Department of Veterans Affairs healthcare providers are obligated to render care free of any improper financial influences” said Special Agent in Charge Michael E. Seitler of the U.S. Department of Veterans Affairs, Office of Inspector General (VA OIG), Northwest Field Office.  “This is particularly important at VA, since we care for many of this nation’s heroes who have sacrificed their own welfare for our freedom.   In this case, ABH saw a dramatic rise in its sales to the VA during the period of time it provided illegal inducements to multiple VA clinicians across the country.  These corrupt practices served to erode the public trust in our healthcare system.  The VA OIG is committed to investigating, and bringing to justice, those who engage in these illegal practices.”

In addition to the kickback allegations, the settlement also resolved allegations that Shire and its predecessor (ABH) unlawfully marketed Dermagraft for uses not approved by the FDA, made false statements to inflate the price of Dermagraft, and caused improper coding, verification, or certification of Dermagraft claims and related services.

The allegations resolved by the settlement were brought in six lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery.  The whistleblower shares to be awarded in this case have not yet been determined.

The six qui tam cases, all of which were either filed or transferred to the U.S. District Court for the Middle District of Florida, are captioned: United States ex rel. Vinca v. Advanced BioHealing, Inc., Case No. 8:11-cv-176-T-30MAP; United States ex rel. Harvey v. Advanced BioHealing, Inc., Case No. 8:16-cv-303-T-30TBM;  United States ex rel. Medolla v. Advanced BioHealing, Inc., Case No. 8:12-cv-575-T-30TBM; United States, et al., ex rel. Petty v. Shire Regenerative Medicine, Inc., Case No. 8:14-cv-969-T-30TBM; United States ex rel. Webb v. Advanced BioHealing, Inc., Case No. 8:14-cv-1055-T-30EAJ; and United States ex rel. Montecalvo v. Shire Regenerative Medicine, Inc., Case No. 8:16-cv-268-T-30TBM. 

These matters were investigated by the Civil Division’s Commercial Litigation Branch; the U.S. Attorneys’ Offices for the Middle District of Florida, District of Columbia, Middle District of Tennessee and Eastern District of Pennsylvania; the FBI; the U.S. Department of Health and Human Services (HHS) Office of Inspector General; the VA OIG and the Department of Defense Criminal Investigative Service.  These cases were handled locally by Assistant United States Attorneys Randy Harwell and Chris Tuite working jointly with Department of Justice Trial Attorney Richard Nicholson.

Shire, which cooperated in the government’s investigation, has been operating under a Corporate Integrity Agreement entered into with HHS that was implemented in late 2014, after the alleged unlawful conduct resolved by today’s settlement occurred, in connection with the settlement of separate False Claims Act allegations. 

“Patients must be able to trust that decisions made by their doctors are based on unbiased professional judgment and not personal gain,” said Chief Counsel Gregory E. Demske to the HHS Inspector General.  “The Office of the Inspector General will continue to monitor Shire’s compliance with federal healthcare programs through its oversight of Shire’s Corporate Integrity Agreement.”

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $31.4 billion through False Claims Act cases, with more than $19.6 billion of that amount recovered in cases involving fraud against federal health care programs. 

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Manuel Enrique Santana (36, Orlando) guilty of 10 counts of theft of government money and 5 counts of aggravated identity theft. He faces a maximum penalty of 10 years in federal prison for each of the theft counts, to be followed by a mandatory term of at least 2 years for the aggravated identity theft charges. His sentencing hearing is scheduled for April 12, 2017. Santana was indicted on August 31, 2016.

According to evidence presented at trial, in early 2014, Santana deposited 47 stolen federal tax refund checks into 3 of his own bank accounts during a 10-day period. The majority of the checks were endorsed with forged signatures of the intended payees, all of whom had filed returns for the 2013 tax year and were expecting to receive their refund checks by mail. The combined value of the 47 stolen refund checks was more than $64,000.

This case was investigated by the United States Postal Inspection Service, the Internal Revenue Service - Criminal Investigation, and the Seminole County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Stacy Darnell Mitchell (48, Tampa) guilty of theft of government property and theft of mail. He faces a maximum penalty of 15 years in federal prison. His sentencing date has not yet been set. Mitchell was indicted on March 1, 2016.

According to evidence presented at trial, Mitchell was a mail handler who had worked for more than 15 years at the Processing and Distribution Center (PDC) in St. Petersburg, which processes mail for all of Pinellas County. From January to October 2012, Mitchell stole Social Security benefit checks totaling over $2 million from that facility. More than 3,000 checks were taken from the PDC in 2012, all of which were destined for disabled or retired beneficiaries living in Pinellas County. Mitchell went on to sell the checks to an accomplice in Tampa, who in turn sold the checks to a network of individuals to be cashed at various convenience stores and check cashing businesses in Florida and elsewhere. Four of Mitchell’s accomplices have been convicted of federal charges related to the same theft scheme.

This case was investigated by the United States Postal Service – Office of Inspector General, the Social Security Administration - Office of Inspector the General, the United States Department of Treasury - Office of Inspector General, and the United States Postal Inspection Service, as well as various local enforcement agencies. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Timothy Roberts (46, Missouri) has pleaded guilty to wire fraud. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

According to court documents, Roberts was the founder, CEO, and Chairman of the Board of the now-defunct Savtira Corporation, Inc., a technology company that was headquartered in Ybor City. As CEO and Chairman of the Board, Roberts solicited investors for Savtira, had control over the company’s funds, and was responsible for overseeing the sale of its products to potential customers.

Starting in or around November 2010, Roberts and Terrance F. Taylor, Savtira’s CFO, devised and carried out a scheme to defraud and obtain money and property by making false promises and representations. In particular, they distributed and caused to be distributed to investors a draft valuation of the company that indicated Savtira was worth between $450 million and $540 million when, in fact, the company had little, if any, revenues. Roberts also failed to disclose to all investors that he had entered into a prior judgment with the United States Securities and Exchange Commission (SEC) for violating the securities laws of the United States. Roberts and Taylor also made false statements to investors about the use of investor funds, some of which were diverted by the defendants for personal use.

Roberts and Taylor were previously indicted for conspiracy to commit wire fraud and wire fraud. Taylor is currently set for trial in April 2017.

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

This case was investigated by the Federal Bureau of Investigation and the Florida Office of Financial Regulation. It is being prosecuted by Assistant United States Attorney Mandy Riedel.

Orlando, FL – U.S. District Judge Gregory A. Presnell today sentenced Jason Eric Phifer (33, DeLand) to six years in federal prison for possession with intent to distribute ethylone, commonly marketed as the street drug “Molly.” A federal jury found him guilty on September 14, 2016.

According to court documents, between January and May 2015, Phifer ordered four shipments of ethylone, totaling approximately 5.25 kilograms, from a supplier in China. In May 2015, agents discovered a shipment of 1.5 kilograms of ethylone that was destined for Phifer’s residence. On May 20, 2015, undercover agents made a controlled delivery of the ethylone to Phifer at his home. Immediately after the delivery, they executed a search warrant at the home and recovered the 1.5 kilograms of ethylone, and they also found additional quantities in Phifer’s bedroom. Phifer admitted to agents that he had received the ethylone so he could distribute it to customers throughout the United States.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Vincent S. Chiu and Sean P. Shecter.

Orlando – United States District Judge Carlos E. Mendoza today sentenced Angel Manuel Fontanez (32, Clermont) and his brother, Alexis Fontanez Nieves (29, Orlando), to 17 years and 2 months and 14 years in federal prison, respectively, for conspiracy to distribute and possession with the intent to distribute heroin. Fontanez pleaded guilty on October 12, 2016, and Nieves pleaded guilty on October 21, 2016.

According to court documents and sentencing testimony, Fontanez and Nieves were leaders of an Orlando-based drug trafficking organization whose members referred to themselves as “La Compania” or “The Company.” The organization used a telephone number (“the heroin line”) that frequently changed to sell heroin to customers primarily in the Orlando tourist district, near International Drive. Customers would call the heroin line and arrange to purchase heroin from a member of the organization. The line changed hands from one member of the organization to the next, as heroin was sold during two 12-hour shifts, seven days a week.

Fontanez was the leader of the organization, and he traveled out-of-state to acquire kilograms of heroin that he transported back to the Orlando area and then repackaged into smaller, street-level quantities for distribution. He also managed and directed the activities of the organization’s street dealers.

Nieves helped Fontanez run the organization by repackaging bulk heroin into smaller baggies and supplying both heroin and cocaine to the street-level sellers. After Fontanez was arrested, Nieves directed the organization’s day-to-day activities by recruiting individuals to work for the organization, controlling the heroin line, providing heroin to the organization’s low-level sellers, and collecting money from the sellers at the conclusion of their shifts. The organization distributed approximately one kilogram of heroin every two weeks. During the time of the conspiracy, Fontanez was responsible for distributing at least 30 kilograms of heroin and Nieves was responsible for distributing at least 10 kilograms of heroin.

This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “La Compania.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the Orange County Sheriff’s Office, the Metropolitan Bureau of Investigation, the United States Marshals Service, the Federal Bureau of Investigation, the Orlando Police Department, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Kissimmee Police Department, the Osceola County Investigative Bureau, and the Virginia State Police. It was prosecuted by Assistant United States Attorney Andrew C. Searle.

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.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza today re-sentenced Ane Plate (60, DeLand) to 27 months in federal prison for theft by a bank employee. As part of her sentence, the Court also entered a money judgment in the amount of $176, 079.70, the proceeds of the charged criminal conduct.

Plate pleaded guilty on May 20, 2015. On August 19, 2015, she was initially sentenced by U.S. District Judge Kendall G. Sharp to 27 months’ imprisonment. Plate appealed that sentence, and on October 5, 2016, the Eleventh Circuit Court of Appeals remanded the case for re-sentencing.

According to court documents, between October 8, 2013, and continuing through May 3, 2014, Plate, who was an officer and employee of Wells Fargo Bank, stole $176,079.70 in bank deposits. Specifically, she induced an elderly couple, who had been her clients for several years, to sign an ACH Authorization Agreement allowing Plate to transfer funds from the couple’s Wells Fargo Trust Account to their personal checking account. Plate then manipulated the elderly couple into writing checks to her from that account. Plate would replenish the funds in the couple’s personal account by selling off their securities, without authorization, and transferring the proceeds into the couple’s personal account. Plate then used the stolen money to make improvements to her home, pay her mortgage, and make large cash withdrawals. At the time of the offense, the elderly victims, who were in their nineties, had diminished mental capacities and were living in an assisted living facility.

This case was investigated by the U.S. Secret Service. It was prosecuted by Assistant United States Attorney Kara M. Wick.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Luis Sandoval (34, Los Angeles, CA) and Miguel Sandoval (35, Inglewood, CA) to six years and three months in federal prison for conspiracy to distribute a kilogram or more of heroin. Miguel Sandoval pleaded guilty on August 22, 2016, and Luis Sandoval pleaded guilty on September 19, 2016.

According to court documents, during January 2016, a task force comprised of narcotics detectives from the Jacksonville Sheriff’s Office (JSO) and special agents from the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) began investigating a significant heroin supplier based in Jacksonville. Agents and detectives intercepted and arrested the supplier, who had flown to Los Angeles and returned to Jacksonville aboard a Greyhound bus. The supplier was transporting one kilogram of heroin in his luggage, which was seized during the operation. As a result, law enforcement contacted the Sandoval brothers and arranged for the purchase of a kilogram of heroin and fentanyl in Los Angeles.

On April 20, 2016, JSO detectives, DEA and FBI agents from Jacksonville, and law enforcement officers from Los Angeles arrested the Sandoval brothers near Miguel’s home in Inglewood. A search warrant was executed at the home and law enforcement officers located more than a kilogram of fentanyl and a kilogram of heroin.

This case was investigated by the JSO, the DEA, and the FBI. It was prosecuted by Assistant United States Attorney Frank Talbot.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Leone Alfano La Cava (59, Orlando) with 17 counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison on each count.

According to the indictment, La Cava orchestrated an international real estate investment scheme that defrauded at least 40 investors out of more than $4 million. He solicited individuals in Italy to purchase real estate in Orange County that he claimed would generate guaranteed rental income. He used falsified deeds and loan documents to convince investors that they were purchasing property owned by La Cava or one of his entities, Orlando Trust Investment Properties, Inc., or Golden Investment, Inc. In fact, those properties did not exist, were never owned by La Cava or one of his entities, or had already been sold to another investor. La Cava used portions of the funds sent by investors for his own personal use.

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

This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorneys Roger Handberg and Nathan W. Hill.