FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
California Man Convicted of Conspiracy to Distribute Drugs on the InternetRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Julian Villa-Gomez Lemus (31, Visalia, CA) guilty of conspiracy to distribute controlled substances. In the past week, his co-defendants Fadhle Muqbel Saeed (31) and Alfonso Bojorquez-Vazquez (30), both of Porterville, California pleaded guilty to related charges of conspiracy to distribute controlled substances. Each faces a maximum penalty of 20 years in federal prison. Sentencing hearings are scheduled for March 23, 2017. The individuals were indicted on May 11, 2016.
According to evidence presented at trial, between May 2012 and October 2013, Saeed, Villa-Gomez Lemus, and Bojorquez-Vazquez were involved in a conspiracy to distribute drugs over the Internet using illicit online drug marketplaces such as “Silk Road.” Payment for these transactions was conducted using “Bitcoin,” a semi-anonymous electronic form of payment.
Members of the conspiracy used the pseudonym “darkexpresso” to conduct over 1,300 Silk Road drug transactions, resulting in gross proceeds of more than $1.9 million. These transactions included methamphetamine, hydrocodone, marijuana, steroids, cocaine, and other controlled substances. The drugs were sent to purchasers throughout the United States and Australia.
This case was investigated by the Drug Enforcement Administration and the United States Postal Inspection Service. It is being prosecuted by Assistant United States Attorneys Vincent S. Chiu and Alejandro J. Salicrup.
Registered Sex Offender Sentenced to More Than 19 Years for Second Offense Involving the Sexual Abuse of MinorsRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Michael Ray Enzor (34, Jacksonville) to 19 years and 6 months in federal prison for transporting, and aiding and abetting the transportation of, child pornography. He also was ordered to serve a supervised release term of 15 years, register as a sex offender, and pay restitution to a victim of his offense. Enzor pleaded guilty on October 4, 2016.
According to court documents, in 2007, Enzor was convicted in Duval County of attempted capital sexual battery on a child less than 12 years old. Consequently, he was sentenced to 10 years in state prison and was released in June 2014. In October 2014, while under conditional release for the state conviction, law enforcement officers discovered that Enzor was sharing child pornography on a social networking chat website based out of Canada.
In addition to sharing child pornography, Enzor had also solicited young girls and mothers and daughters to connect with him on social media for the purpose of providing “extreme” videos to him.
On March 24, 2015, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a search warrant at a residence Enzor shared with other convicted sex offenders. Forensic analyses of Enzor’s electronic media revealed more than 100 video files depicting child pornography.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the York Regional Police in Ontario, Canada. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
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.
Jacksonville Man Pleads Guilty to Receiving Child Sexual Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Richard Daniel Lord (58, Jacksonville) has pleaded guilty to receiving child sexual abuse videos over the Internet. He faces a mandatory minimum penalty of 5, up to 20 years, in federal prison, and a potential life term of supervision. A sentencing date has not yet been scheduled. Lord has been in federal custody since his arrest on September 30, 2016.
According to court documents, on September 30, 2016, FBI agents executed a federal search warrant at Lord’s Jacksonville residence, while he was at home. During an interview with agents, Lord admitted to using his cellular telephones to search for, download, and view child pornography, that he was most interested in images and videos of children between the ages of 10-12 years old, and that he searched for child pornography “constantly” and could not control himself. A forensic examination of one of Lord’s cell phones revealed a video that had been downloaded by him on September 16, 2016, depicting a prepubescent minor child being sexually abused.
This case was investigated by 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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Federal Prosecutions Remove over 100 Firearms from Central Florida over the Last Six MonthsRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces today that federal prosecutions over the past six months in Orlando have removed more than 100 firearms from Central Florida communities. Since 2001, the U.S. Attorney’s Office in the Middle District of Florida has participated in the national strategy to reduce gun-violence in communities – “Project Safe Neighborhoods.” The strategy involves the coordination and cooperation with local, state, and federal law enforcement partners. To increase the prosecutorial resources necessary to address firearms and violent crime cases, the United States Attorney’s Office, Orlando Division, established a “Gun Unit” earlier this year. The purpose of the Gun Unit is to collaborate regularly with local, state, and federal partners to review and identify firearms and violent crime cases for federal prosecution.
Since June 1, 2016, the Orlando Division has charged over 40 individuals with firearms or violent crime offenses, reflecting an increase of more than 125% for the same period last year. The charges in those cases vary by defendant, but include possession of a firearm by a convicted felon, possession of a firearm in furtherance of a drug trafficking or crime of violence, possession of a stolen firearm, bank robbery, and Hobbs Act robbery. More than 100 firearms have been seized or recovered from those charged (see attachment).
U.S. Attorney A. Lee Bentley, III stated, "Over the past six months, we have dedicated additional resources to the Orlando Division to prosecute violent crime and firearms cases. I would like to commend our local, state, and federal partners who have investigated those cases and we pledge to continue working with them to aggressively prosecute those individuals who illegally possess and use firearms in our communities.” In addition, the U.S. Attorney’s Office has worked closely with its community partners to develop youth prevention, intervention, and outreach strategies to address the various issues associated with gun violence.
The cases summarized in the attachment were investigated by the Apopka Police Department, the Brevard County Sheriff's Office, the Casselberry Police Department, the Cocoa Police Department, the Daytona Beach Police Department, the Lake Mary Police Department, the Melbourne Police Department, the Metropolitan Bureau of Investigation, the Orange County Sheriff’s Office, the Orlando Police Department, the Osceola County Sheriff's Office, the Palm Bay Police Department, the Sanford Police Department, the Seminole County Sheriff's Office, the St. Cloud Police Department, the Titusville Police Department, the Volusia County Sheriff's Office, the Winter Park Police Department, the Florida Department of Law Enforcement, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Marshal’s Service, and the United States Postal Inspection Service.
These cases are being prosecuted as 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. State cases are being coordinated and prosecuted by the Eighteenth Judicial Circuit (Brevard County), the Ninth Judicial Circuit (Orange and Osceola Counties), and the Seventh Judicial Circuit (Volusia County).
The federal cases are being prosecuted by Assistant United States Attorneys E. Jackson Boggs, Jr., Chauncey Bratt, Emily C. L. Chang, Vincent S. Chiu, Tiffany L. Cummins, Christina R. Downes, Nathan Hill, Embry Kidd, Andrew C. Searle, Ilianys Rivera Miranda, Shawn P. Napier, Alejandro Salicrup, Sean Shecter, and Kara Wick.
An indictment or criminal complaint is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
For more information about the cases profiled in this release and other Project Safe Neighborhood cases throughout the Middle District of Florida, please visit our website. For more information about Project Safe Neighborhoods, please visit www.psn.gov.
Federal Jury Convicts Titusville Man of Theft of Government Money and Aggravated Identity TheftRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Ricardo Miguel Mayo (49, Titusville) guilty of theft of government money and aggravated identity theft. He faces a maximum penalty of 10 years in federal prison for the money theft, to be followed by 2 years’ imprisonment for the aggravated identity theft charge. His sentencing hearing is scheduled for March 16, 2017.
Mayo was indicted on September 21, 2016.
According to the evidence presented at trial, a fraudulent 2011 federal tax return in the name of an 84-year-old woman from Georgia was filed in January 2012. The fraudulent return requested that a federal tax refund in the amount of $9,874 be issued via a prepaid debit card, and that the debit card be sent to Mayo’s address. After the return was processed, Mayo received the debit card that was issued in the victim’s name. In February 2012, when the $9,874 tax refund was loaded onto the debit card, Mayo used the card to steal and convert government money in a series of large cash withdrawals and purchases.
This case was investigated by the St. Cloud Internal Revenue Service-Secret Service Financial Crimes Task Force, a task force comprised of the following federal, state and local law enforcement agencies: Internal Revenue Service - Criminal Investigation; the United States Secret Service; the St. Cloud Police Department; the Osceola County Sheriff’s Office; the Brevard County Sheriff’s Office; the Palm Bay Police Department; the Casselberry Police Department; the Kissimmee Police Department; the Winter Park Police Department; and the Maitland Police Department. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
United States Reaches $34 Million Settlement with Cardinal Health for Civil Penalties Under the Controlled Substances ActRead the Press Release
The Recovery Is Part of a $44 Million Nationwide Civil Penalty Settlement with Payment to Be Made to the United States by Cardinal Health, Inc. and its Subsidiary, Kinray, LLC
Orlando, FL – United States Attorney A. Lee Bentley, III and Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA) - Miami Field Division announce that Cardinal Health has agreed to pay $34 million in civil penalties to resolve allegations that the Lakeland, Florida-based distributor failed to report to the DEA suspicious orders of Class II by pharmacies located in central Florida and Maryland. The settlement also resolves a civil investigation in the Western District of Washington into Cardinal Health’s failure to maintain adequate records concerning Class II controlled substances in that district.
Separately, the United States Attorney for the Southern District of New York announced that Cardinal Health has agreed to pay an additional $10 million to resolve allegations that its subsidiary, Kinray, Inc., failed to report suspicious orders by pharmacies operating in the Kinray service area. In the settlement resolving the Florida and Maryland investigations, Cardinal Health acknowledged that, from January 1, 2009, to May 14, 2012, it failed to comply with regulations requiring reports of pharmacies’ suspicious orders of certain narcotic medications.
The Controlled Substances Act imposes civil penalties when DEA registrants fail to report suspicious pharmacy orders for Class II narcotic medications. The settlement announced today imposes a civil monetary sanction for the conduct addressed in Cardinal Health’s administrative settlement executed with the DEA in 2012, which suspended Cardinal’s registration to distribute Class II narcotic medications for a period of two years. The DEA returned Cardinal’s registration in May 2014 while the civil penalty negotiations that led to today’s announcement were pending.
“Today’s settlement with Cardinal Health, along with last year’s $22 million settlement with CVS, illustrates the coordinated response we have taken to Florida’s pill mill crisis,” stated U.S. Attorney Bentley. “Those who play a significant role in supplying Class II medications in our district must meet regulatory requirements or be held accountable.”
U.S. Attorney Bentley also thanked his colleagues U.S. Attorney Rod Rosenstein (District of Maryland), U.S. Attorney Preet Bharara (Southern District of New York), Deputy Civil Chief Tom Corcoran, Assistant U.S. Attorney Tony Pellegrino, and U.S. Attorney Annette Hayes (Western District of Washington) for their collaborative work and assistance with this investigation and settlement. In addition, the investigative work of the DEA - Orlando Field Office, under the supervision of Assistant Special Agent in Charge Jeff Walsh, played a major role in the Florida investigation.
“National pharmaceutical drug companies are not exempt from following the law,” stated Adolphus P. Wright, Special Agent in Charge for the DEA Miami Field Division. “This settlement sends out a clear message that all drug companies will be held accountable when they violate the law and threaten public health and safety. The DEA will continue its efforts to work with our registrants and our law enforcement partners to combat pharmaceutical drug abuse and diversion in Florida.”
The Middle District of Florida investigation was conducted by the Drug Enforcement Administration’s Diversion Group, with negotiations handled by Assistant U.S. Attorneys Randy Harwell and Katherine M. Ho.
Federal Jury Convicts Indialantic Man of Armed Bank Robbery and Other OffensesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Skyler Christian Awad (27, Indialantic) guilty of bank robbery, carrying a firearm during and in relation to a crime of violence, attempted robbery affecting interstate commerce, possession of a firearm by a convicted felon, and other related firearm offenses. He faces a maximum penalty of 20 years, followed by a mandatory consecutive sentence of at least 5 years, in federal prison. A sentencing hearing is scheduled for March 13, 2017.
Awad was indicted on September 15, 2016.
According to testimony and evidence presented at trial, between May 12, 2016, and May 16, 2016, Awad went on a crime spree in Brevard County, when he stole a loaded .22 caliber revolver from a residence in West Melbourne. Four days later, he entered a Subway restaurant in Melbourne and attempted to rob the establishment while armed with a knife. Later that same day, he entered and robbed a TD Bank by threatening to shoot a bank teller. Law enforcement subsequently located Awad, where he then led them on a high-speed chase through residential areas and across busy intersections until he was stopped. Upon apprehension, officers recovered the stolen .22 caliber revolver and the bank money from Awad’s vehicle. As a convicted felon, Awad was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Melbourne Police Department, the Brevard County Sheriff’s Office, the Palm Bay Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorneys Andrew C. Searle and Chauncey A. Bratt.
Middle District of Florida Brings over 100 Project Safe Childhood ProsecutionsRead the Press Release
Tampa, Florida - U.S. Attorney A. Lee Bentley, III announces today that the Middle District of Florida has charged more than 100 defendants in Fiscal Year 2016 as part of the Department of Justice’s Project Safe Childhood (PSC) Initiative. Since 2006, this nationwide initiative has collectively marshaled federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, and identify and rescue victims of abuse. In each of the 94 U.S. Attorney’s Offices throughout the country, an Assistant United States Attorney serves as a Project Safe Childhood Coordinator, dedicated to working with law enforcement to investigate and prosecute these cases. During the 10 years the program has existed, the Middle District of Florida has charged more than 950 defendants with child exploitation offenses.
“From the beginning of Project Safe Childhood, the United States Attorney's Office for the Middle District of Florida has aggressively prosecuted sexual predators who seek to use the Internet to harm and exploit children,” stated U.S. Attorney Bentley. “Working closely with our federal, state, and local law enforcement partners, we will continue to make the prosecution of these cases a top priority.”
From October 1, 2015, through September 30, 2016, the U.S. Attorney’s Office for the Middle District of Florida, with the close assistance of local, state, and federal agencies, brought charges against 103 defendants for child exploitation offenses. The charges in those cases vary by defendant, but include attempted enticement of a minor to engage in sexual activity; production, distribution, possession and/or receipt of child pornography; and child sex trafficking. These cases (see case summaries) were brought by each of the five offices in the district. The press releases for those cases, and other PSC cases, can be found on our district website.
Project Safe Childhood cases in the Middle District of Florida are investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation, the United States Secret Service, the United States Postal Inspection Service, the United States Marshals Service, and the Florida Department of Law Enforcement. The cases profiled in this release were investigated by those agencies, along with the Brevard County Sheriff’s Office, the Cape Coral Police Department, the Clay County Sheriff’s Office, the Cleburne (TX) Police Department, the Cocoa Police Department, the Columbia County Sheriff’s Office, the Jacksonville Sheriff’s Office, the Lee County Sheriff’s Office, the Metropolitan Bureau of Investigation, the Osceola County Sheriff’s Office, the Seminole County Sheriff’s Office, the St. Augustine Beach Police Department, the St. Johns County Sheriff’s Office, and the Volusia County Sheriff’s Office.
These cases were coordinated by the Middle District of Florida’s Project Safe Childhood Coordinator Assistant United States Attorney D. Rodney Brown. Assistant United States Attorneys Robert E. Bodnar, Jr., Emily C. L. Chang, Vincent S. Chiu, Tiffany L. Cummins, Christina R. Downes, Karen L. Gable, Daniel George, William S. Hamilton, Stacie B. Harris, Rachel K. Jones, Amanda Kaiser, Kelly S. Karase, Jennifer L. Peresie, Andrew C. Searle, Ilianys Rivera Miranda, and Yolande G. Viacava prosecuted the cases.
For more information about the cases profiled in this release and other Project Safe Childhood cases throughout the Middle District of Florida, please visit our website. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Project Safe Childhood Case Summaries
Fort Myers
Yaisel Rodriguez (25, Cape Coral) was sentenced to 20 years in federal prison for production of child pornography. While agents from the FBI were executing a search warrant at his home, Rodriguez disclosed that he had recently ended a two-year relationship with a minor. A forensic examination of his computer revealed videos of the minor victim engaged in sexually explicit conduct.
Travis John Jenner (38, Naples) was sentenced to 5½ years in federal prison for distribution of child pornography. Jenner had befriended a minor online and, during a two-year period, received pornographic images of the child. Jenner subsequently distributed child pornography to an undercover detective in a group chat room. As part of his sentence, Jenner was ordered to pay $51,376 in restitution to his victim.
Jacksonville
Michael Eugene Williams (59, Jacksonville) has been charged with production of child pornography, sex trafficking of a child, advertising for child pornography, and transporting child pornography. According to court documents, in July 2016, the Jacksonville Sheriff’s Office executed a search warrant at Williams’s residence after receiving information that he was uploading child pornography for sharing. A forensic examination of devices seized from the residence revealed that he had been texting with a woman in Texas who was producing pornographic images of her 3-year-old daughter and sending them to Williams in exchange for money. If convicted, Williams faces a minimum mandatory penalty of 15 years, up to life, in federal prison.
Justin Laurence McKinley (49, Jacksonville) pleaded guilty to sending notices over the Internet soliciting the live molestation of children for online viewing. According to court documents, the FBI was investigating a website where individuals in a foreign country molested young children for the purpose of broadcasting live streaming “sex shows” to online viewers who paid a fee. McKinley was identified as a customer. Between January 2014 and December 2015, McKinley sent a total of 100 electronic fund transfers totaling $31,415 to the individuals who molested children in these “sex shows.” He faces a minimum mandatory penalty of 15 years, up to 30 years, in federal prison.
Leonard Leland Walters (44, Green Cove Springs) pleaded guilty to three counts of production of child pornography and one count of transportation of child pornography. Walters had bragged to an undercover officer he met online that he was regularly having sexual intercourse with a 15-year-old. Walters offered to assist the undercover officer with sexually abusing the undercover officer’s fictitious 14-year-old “niece,” and he distributed an image of child pornography to the undercover officer. Walters faces a minimum mandatory penalty of 15 years, up to 30 years, on each production count and a minimum mandatory penalty of 5 years, up to 20 years, for the transportation count. His sentencing is set for February 1, 2017.Kyle Adam Kirby (35, Live Oak) was arrested at the Live Oak Police Department (LOPD), where he was employed as an officer. According to court documents, law enforcement officers executed a federal search warrant at Kirby’s residence based on an online child pornography investigation. That same morning, the LOPD Police Chief authorized the agents to inspect and search the computer in the patrol car used by Kirby. A forensic examination revealed that it contained at least 87 thumbnail images that either depicted minor children engaged in sexually explicit conduct or that had titles indicative of child pornography or child exploitation. If convicted, Kirby faces a minimum mandatory penalty of 15 years, up to 40 years, in federal prison.
Jon Christopher Stoune (45, St. Johns) was sentenced to 17½ years in federal prison for attempted online enticement of a minor child to engage in sexual activity, advertising for child pornography, and attempted production of child pornography. Stoune had engaged in a series of text conversations with a person he believed to be a 14-year old child but was actually a detective with the St. Johns County Sheriff’s Office. During the conversations, Stoune discussed in detail his desire to have sex with the “child,” engage in sadomasochistic activity, and obtain pornographic pictures of the “child.” Stoune ultimately drove to St. Augustine Beach to meet the “child” for sex and was arrested. He had a digital camera and several sex toys and condoms concealed in his pants pocket. A search of his vehicle revealed a backpack containing a leather whip, a wooden paddle, a billy club, nylon restraints, and other devices designed for use in sadomasochistic activity.
Ocala
Alan Kenneth Thompson, Jr. (33, Crystal River) was sentenced to 11 years and 4 months in federal prison for distribution of child pornography. After determining Thompson had been using a mobile application to post and receive multiple images of child pornography, federal agents tracked the activity to Thompson’s residence and executed a search warrant. The devices seized from the residence contained more than 4,500 images and 84 video files of child pornography. Thompson told agents that he recently had begun to take non-pornographic photographs of neighborhood children without their knowledge, including more than 3,000 images of a minor girl.
William Edward Spencer (57, Yalaha) pleaded guilty to possession of child pornography. After identifying multiple images of child pornography hosted on the Internet, federal agents traced the activity to Spencer’s residence and executed a search warrant. The devices seized from the home contained more than 2,000 images and 140 video files of child pornography. Spencer admitted to receiving and distributing child pornography, and he now faces up to 10 years in federal prison. His sentencing is set for January 19, 2017.
Orlando
Joshua Adam Tatro (24, Merritt Island) was sentenced to 350 years in federal prison for production, receipt, and possession of child pornography. On nine separate occasions, Tatro had produced images and videos depicting him sexually abusing a three-year-old child. He also had used a messaging app to send and receive images depicting child pornography and had uploaded images to an online account that he maintained.
Dane Gillis (59, Leesburg) was sentenced to 30 years and 5 months in federal prison for attempting to entice a minor to engage in sexual activity, soliciting an undercover federal agent to commit kidnapping, and transmitting interstate commerce threats to kidnap and injure a former co-worker. Gillis had posted an ad on Craigslist stating, “Looking for a guy or group who r into extremely taboo scenes. Hi risk and reward for the right sadistic Pervert.” An undercover agent responded to the ad and stated that he was the father of an 11-year-old daughter. Gillis communicated with the agent through email and text for two weeks and made arrangements to have sex with the “child.” He also solicited the agent to help him kidnap and rape a former co-worker. He was arrested after attempting to meet the “father and child.”
Kennedy Harris, Jr. (23, Cocoa) was convicted by a jury of sex trafficking a child and production of child pornography. Harris had taken in his victim, a 16-year old girl, after she ran away from home. He then took sexually suggestive photographs of her and advertised her for sex on Backpage.com. Harris also enticed the teen to engage in sexually explicit conduct for the purpose photographing her. Over the course of approximately two weeks, the victim had sex with up to eight men per day, giving the money she received to Harris. In exchange for her sex acts, Harris gave the victim crack cocaine nearly every day. Harris is facing a minimum mandatory penalty of 15 years, up to life, in federal prison. Sentencing is set for January 9, 2017.
Timothy Michael Sedlak (43, Ocoee) was sentenced to 42 years in federal prison for production and possession of child pornography. Sedlak had taken photographs of himself sexually abusing a small child on two separate occasions. The first incident took place in 2009, when the victim was a year old, and the second incident took place in 2011, when the same victim was three years old. The images of Sedlak abusing the victim were discovered when United States Secret Service agents executed a search warrant on Sedlak’s home as part of an unrelated computer intrusion investigation. In addition to the images of the victim, agents discovered hundreds of images of child pornography on Sedlak’s computers.
Luis Serrano (24, Orlando) was sentenced to 20 years in federal prison for production of child pornography. Serrano had befriended a minor victim on a chat website when she was 13 years old and, during the next two years, persuaded and directed her to engage in sexual activity during live video chats that he recorded. Serrano also persuaded the child to record herself engaging in sex acts and send the images to him. When the victim was 16 years old, Serrano convinced her to meet him in person to engage in sex acts, and he took explicit photographs of the conduct. Serrano distributed the pornographic images of the victim to between five and ten individuals.
Ricky Delano Sheppard (59, Melbourne), a former Spessard Holland Elementary School principal, was sentenced to 6 ½ years in federal prison for receiving child pornography. In June 2016, agents had executed a search warrant at Sheppard’s residence. A forensic examination of his computer media revealed thousands of images depicting child pornography, the majority of which depicted young boys, including toddlers, engaging in sexual acts.
Tampa
Alysia N. Algere a/k/a “Coco” (29, Tampa) was sentenced to 15 years in federal prison for sex trafficking three minors. Algere had recruited two minor boys and a minor girl, who were between 14 and 16 years old, to engage in commercial sex acts. She took sexually explicit photos of the minors and posted advertisements on the Internet selling them for sex.
Maurice Williams (26, Tampa) and his brother, Antawan Hudson (31, Tampa), were sentenced to 40 years in federal prison and 30 years in federal prison, respectively, for sex trafficking minors. Williams had conspired with Hudson to traffic underage girls by fraud, force, and coercion in the commercial sex trade. The brothers worked together to post online prostitution ads for the victims and then transported the girls throughout central Florida to have sex with customers. After the victims had sex with the customers, Williams and Hudson took some or all of the money and, in exchange, offered the victims drugs, alcohol, and beauty appointments.
Larry Urwiler (68, Dunedin) has pleaded guilty to enticement of a minor. According to court documents, Urwiler responded to an advertisement posted on Craigslist where an undercover agent posed as a mother of the 13-year-old girl. Urwiler texted the “mother” and indicated that he would engage in sexual activities with the “child” and teach the “child” about oral sex. Urwiler ultimately drove to Lee County to meet the "child." He brought lubricant to engage in sexual activity and a teddy bear for the child. He is facing a minimum mandatory penalty of 10 years, up to life, in federal prison.Jorge Valencia (43, St. Petersburg) was sentenced to 12 years and 11 months in federal prison for receiving child pornography and attempting to entice a minor. An undercover FBI task force officer had discovered that Valencia was sharing child pornography using an online file-sharing program. A search warrant was executed at his residence and several of his electronic devices were seized. The forensic analyses revealed that Valencia had been using a phone messaging app since at least 2012 to chat with individuals he believed to be under the age of 18 for the purpose of soliciting sexually explicit pictures from them. A large collection of child pornography, including numerous videos and images depicting children under the age of 12, were also found on his devices.
Second Individual Pleads Guilty to $10 Million Investment FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Eric Leon Ager (77, Clearwater) today pleaded guilty to conspiracy to commit mail fraud and wire fraud. He faces a maximum penalty of 20 years in federal prison. Ager has agreed to pay over $10.3 million in restitution to his victims. His sentencing hearing has been set for March 13, 2017.
According to court documents, Ager and his conspirators defrauded over 200 victims out of more than $10.3 million through investments offered in connection with a company called Tri-Med Corporation. Ager and his brother, Irwin Charles Ager (84, Lake Mary), were marketing directors for Tri-Med Associates, the “marketing arm” of Tri-Med. Both were responsible for soliciting investors, as well as recruiting and managing many of the sales people who sold investments in Tri-Med.
The investment fraud scheme involved the alleged purchase of medical receivables by Tri-Med related to services provided to accident victims represented by personal injury attorneys. Payment of those medical receivables was supposed to be made from the proceeds of litigation or an insurance claim made against a general liability or automobile insurance policy. Each of the medical receivables was supposed to be secured by a “letter of protection,” provided by a patient’s personal injury attorney to a medical services professional as an incentive to provide services to a patient. A letter of protection is a contract involving a patient, the patient's attorney, and the medical services provider from the proceeds of any pre-suit settlement, lawsuit settlement, or judgment that the patient may obtain.
To fund Tri-Med’s alleged purchases of medical receivables, the Ager brothers and other conspirators solicited individuals to participate in an “investment program” where investors’ money would be used by Tri-Med to buy medical receivables “backed” by letters of protection. As part of their solicitations, the conspirators represented to investors that their investments were safe and that investor funds would be held in a trust account that was controlled by an attorney. To assure investors that their investments were secure, Tri-Med claimed that it would transfer its interest in the protection letter to the investor in a document called an “Assignment of Interest Certificate.”
Those representations were false. Of the more than $17 million raised from over 200 investors, only approximately $2.7 million was ever transferred from Tri-Med to the attorney’s trust account. The majority of the funds raised from investors never made it to that account. Over $6.5 million was paid to the sales people and the operators of Tri-Med or was used by them to benefit themselves or pay business expenses. Approximately $2.3 million was paid as distributions to investors to make them believe that their investments were profitable. In fact, Tri-Med did not purchase enough medical receivables to secure the incoming investments, so it fabricated “Assignment of Interest Certificates.”
On December 2, 2016, Irwin Charles Ager pleaded guilty to conspiracy to commit mail fraud and wire fraud. He faces up to 20 years in federal prison and has agreed to pay over $10.3 million in restitution to his victims. His sentencing hearing has been set for February 17, 2017.
Commissioner Drew J. Breakspear said, “The Florida Office of Financial Regulation thanks the United States Attorney’s Office for the Middle District of Florida and the United States Secret Service for their diligent effort to bring this individual to justice. We will continue to work with our partners to protect Floridians and combat financial crime.”
This case was investigated by the United States Secret Service and the State of Florida’s Office of Financial Regulation. It is being prosecuted by Assistant United States Attorneys Shawn P. Napier and Roger B. Handberg.
Armed Career Criminal Sentenced to 15 YearsRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Timothy Dale Washington, II (33, Tampa) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The Court also ordered him to forfeit the firearm and ammunition used in the offense. He pleaded guilty on September 12, 2016.
According to court documents, on January 24, 2016, deputies from the Hillsborough County Sheriff’s Office located Washington at an apartment complex in Tampa, pursuant to an outstanding arrest warrant. As the deputies announced their presence and approached Washington, he removed a pistol from his pants, dropped it, and fled. The deputies apprehended and arrested Washington. At the time, Washington had multiple prior felony convictions for violent offenses and serious drug offenses, and therefore was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Taylor G. Stout.
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.
Gang Member Sentenced to Fifteen Years for Possessing A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Adam Longoria (30, Wimauma) to 15 years in federal prison for being a felon in possession of a firearm. Longoria pleaded guilty on September 28, 2016. As part of his plea, he agreed to forfeit any rights to the following items: a Mossberg International 715T (.22 caliber) semi-automatic rifle; a Glock 22 (.40 caliber) pistol; a Glock 43 (9mm) pistol; 15 rounds of .40 caliber ammunition; and a Savage Arms (.22 caliber) rifle.
According to court documents, in March 2015, a detective with the Hillsborough County Sheriff’s Office (HCSO) was using social media to identify illegal firearms sales. The detective observed a Facebook profile in the name of Adam Longoria selling a .22 caliber AR-15 style rifle for $300. He also observed Longoria “throwing” gang hand signs and confirmed that Longoria had been previously documented by HCSO as a Westside Bloods gang member. Additionally, the detective discovered that Longoria was a convicted felon who was currently on federal supervised release, after being released from federal prison for cocaine trafficking.
On March 17, 2015, the detective, working in an undercover capacity, sent Longoria a private Facebook message inquiring about the AR-15. Longoria stated that he still had the rifle for sale and told the deputy to meet him at a Walmart in Plant City.
Once the detective arrived at the location, Longoria advised, by phone, that his “wife” would sell the rifle at another location. Next, the detective met with a woman, who informed the deputy that the rifle was in the back of her vehicle. The detective then retrieved the rifle from the back of the vehicle and paid the female $300. The gun purchased was a Mossberg International 715T (.22 caliber) semi-automatic rifle.
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.
Bradenton Woman Sentenced to Ten Years for Witness Tampering and Obstruction of JusticeRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Delexsia Harris (24, Bradenton) to 10 years in federal prison for witness tampering and obstruction of justice. A federal jury found her guilty on September 22, 2016.
According to testimony presented during the four-day trial, Harris threatened and intimidated multiple persons who were scheduled as witnesses in the trial of United States v. Nathaniel Harris et al., which occurred this summer. Harris threatened and intimidated witnesses in person and on social media, threatening to hurt and murder individuals cooperating with law enforcement, and telling one victim that Ms. Harris’s family would kill her and her children. Testimony also demonstrated that Harris had helped a defendant in that case solicit a false alibi.
In addition, testimony and evidence showed that Harris had lied to law enforcement officers following the July 3, 2012, murder of Ceola Lazier. Prosecutors presented evidence that she had participated in the murder, with her brother and another man, and later had told police officers that the killers were two unknown men driving a white Mercedes Benz. Harris’s brother, Charlie Green, and the other man, Jerry W. Green, were convicted of the shooting death of Lazier following the trial of United States v. Nathaniel Harris et al.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Natalie Adams and Shauna Hale.
Tampa Resident Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Quentin Cephus (30, Tampa) today pleaded guilty to forcibly assaulting and inflicting bodily injury on a federal employee, while that employee was carrying out his official duties. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been scheduled.
According to court documents, on February 9, 2016, Cephus approached a U.S. Bureau of Prisons (BOP) official who was conducting an audit at the Hillsborough County Residential Reentry Center. Cephus, who was a resident at the reentry center, punched the official in the face with a closed fist and inflicted bodily injury on him. Moments later, he spat in the official’s face.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Mandy Riedel.
Fort Myers Man Sentenced to Federal Prison for Credit Card Fraud and Identity TheftRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Edrey Santo Rojas (31, Fort Myers) to three years and nine months in federal prison for access device (credit card) fraud and aggravated identity theft. He pleaded guilty on August 31, 2016.
According to the plea agreement, between December 9, 2014, and August 8, 2015, Santo Rojas used unauthorized credit card information at retail establishments, including the Nike Factory Store, Target, Kay Jewelers, McDonalds, and the Home Depot to acquire items using the credit card information of others without lawful authority.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael C. Baggé-Hernández.
Former Attorney Indicted on Bankruptcy Fraud ChargesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Josiah Hutton (60, Winter Haven) with concealment of assets and embezzlement from a bankruptcy estate. If convicted, he faces a maximum penalty of five years in federal prison on each count.
According to the indictment, Hutton was retained to represent a debtor who was planning to file for bankruptcy. In anticipation of filing a bankruptcy petition, Hutton received a settlement check, which was the property of the debtor’s bankruptcy estate, that he deposited into his attorney escrow account. Hutton prepared and certified the debtor’s bankruptcy petition but failed to list the settlement check as an asset, thereby concealing it from creditors and the bankruptcy court. Subsequent to the filing of the debtor’s petition, Hutton embezzled a large portion of the settlement check 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 Federal Bureau of Investigation and the Florida Department of Law Enforcement, with assistance from the Office of the United States Trustee for the Middle District of Florida, Tampa Division. It will be prosecuted by Special Assistant United States Attorney Chris Poor.
Edgewater Man Pleads Guilty to Bank Fraud Scheme Involving over $1.3 Million in LossesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Mrugesh G. Patel (38, Edgewater) today pleaded guilty to bank fraud. He faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, beginning in February 2011 and continuing until December 2012, Patel participated in a scheme to defraud federally insured banks, including TD Bank and Centerstate Bank. Specifically, he opened numerous bank accounts under the names of various Florida-based companies that he had established. Patel then used these bank accounts to make bulk deposits of fraudulent bank drafts made payable to his companies. The bank drafts were made using the unauthorized account information of other individuals, businesses, and entities. Patel also made false representations to bank representatives when he opened the accounts and during the time period that he was making the deposits.
Patel’s fraud scheme caused over $1,352,956 in losses to those whose account information was used to create the fraudulent bank drafts. He used some of this money for personal expenditures and to pay third parties. During the investigation of Patel’s scheme, law enforcement seized over $400,000 in illegal proceeds from bank accounts that Patel controlled.
This case was investigated by the United States Secret Service and the Internal Revenue Service-Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Andrew C. Searle and Nicole Andrejko.
U.S. Attorney’s Office Collects More Than $236.9 Million for Taxpayers in Fiscal Year 2016Read the Press Release
Tampa, FL - U.S. Attorney A. Lee Bentley, III announced today that the Middle District of Florida collected $236,927,010.74 for taxpayers this fiscal year (FY). In FY 2016, which ended on September 30, 2016, the Office’s Civil, Criminal, and Asset Forfeiture Divisions collected these monies through criminal and civil actions.
The Office’s Civil Division, led by Randy Harwell, recovered $96,354,288.71 from affirmative civil enforcement cases, most alleging health care fraud. An additional $57,148,531.95 was recovered as a result of joint investigations with the Department of Justice’s Civil Division and other U. S. Attorneys’ Offices.
The Office’s Asset Recovery Division, led by Anita M. Cream, recovered more than $140.5 million, most of which was in the form of restitution, criminal fines, and special assessments. Providing restitution for victims of crime is a top priority of our office. Working with partner agencies, the Division’s Asset Forfeiture Section recovered an additonal $26.7 million in criminal and civil forfeitures. Depending on the type of case, forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund or the Department of Treasury’s Assets Forfeiture Fund. Consistent with Departmental policy, in cases where a defendant lacks the means to pay restitution, assets can be forfeited from that defendant and restored to crime victims. In addition, $1.6 million in forfeited funds was shared with state and local law enforcement agencies.
Attorney General Loretta E. Lynch announced today that the Justice Department collected $15.3 billion in civil and criminal actions this fiscal year. The $15,380,130,434 in collections in FY 2016 represents more than five times the appropriated $3 billion budget for the 94 U.S. Attorneys’ Offices and the main litigating divisions of the Justice Department combined in that same period.
“Every day, the men and women of the Department of Justice work tirelessly to enforce our laws, ensuring that taxpayer dollars are used properly and that the American people are protected from exploitation and abuse,” said Attorney General Lynch. “Today’s announcement is a testament to that work, and it makes clear that our actions deliver a significant return on public investment. I want to thank the prosecutors and trial attorneys who made this year's collections possible, and I want to emphasize that the department remains committed to the well-being of our people and our nation.”
“Recovering monies from convicted criminals and others who have defrauded the government is critical in enforcing our nation’s laws,” said U.S. Attorney Bentley. “Working together with our law enforcement partners, and other federal, state, and local agencies, our efforts ensure that criminals and others committing fraud are held fully accountable for their offenses. Through these coordinated efforts, we are able to help victims recover from their losses, wherever possible, and replenish public resources.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights, or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration, and Department of Education.
In measuring collections recovered in FY 2016, this figure necessarily includes some cases that were resolved in previous years but the proceeds of which were collected in FY 2016.
Middle District of Florida Case Highlights
Affirmative Cases
United States ex rel. Martin v. Life Care Centers,
Case no. 1:08cv251 (M.D. Tenn.)
The Middle District of Florida was one of seven United States Attorney’s Offices tasked with litigating the government’s civil health care fraud claims in the captioned qui tam case against one of the nation’s largest providers of Medicare subsidized rehabilitation therapy. After a lengthy investigation, the United States intervened in two overlapping cases in the Middle District of Tennessee that alleged a wide spread practice of up-coding rehabilitation services provided to skilled nursing facilities around the country. Some of the worst offending facilities with regard to the practices at issue were located in the Middle District of Florida, and our district took a significant role in the discovery process that sought to establish the factual record for the fraud alleged as it concerned those facilities. Years of litigation ensued, and the case was eventually settled on an ability-to-pay basis for $145 million.
United States ex rel. Ting v. 21st Century Oncology, Inc., et al.,
Case no. 2:14-civ-1405-FtM-29MCM
A radiation physicist employed by a nationwide provider of oncology services filed a qui tam complaint alleging that the provider had defrauded Medicare through claims for reimbursement of an allegedly unnecessary service called GAMMA radiation therapy. The service supposedly measures the strength and precise location of the radiation used to bombard cancerous tumors in oncology patients. The relator alleged that the service was over-utilized, at best, and, at worst, provided no tangible benefit to patients who received it. We launched a comprehensive investigation that determined the test to be of dubious medical utility and opened negotiations with the defendant that concluded with a settlement of the clhttps://www.justice.gov/usao-mdfl/pr/united-states-settles-false-claims-act-allegations-against-21st-century-oncology-nearlyaims in the case for $34.685 million.
United States ex rel. Barnes v. Spellberg, et al.,
Case no. 2:13-civ-228-FtM-99DNF
A former employee of a nationwide provider of oncology services alleged that an oncologist had defrauded Medicare through claims submitted for medically unnecessary oncology services called FISH tests. Our investigation revealed that three oncologists in the Ft. Myers area were responsible for an extremely high percentage of the expensive tests billed to Medicare on a nationwide basis. We confronted the physicians and the umbrella organization with our findings, and ultimately settled with the nationwide provider for $19.75 million, with one of the individual physicians, David Spellberg, M.D., for $1.05 million, and with a second physician, Robert Scappa, on an ability-to-pay basis for $250,000.
United States ex rel. Schimke v. Rose Radiology Centers, Inc.,
Case no. 8:12-civ-2576-T-35MAP;
United States ex rel. Miller v. Rose Radiology, Inc.,
Case no. 8:12-civ-2757-T-35EAJ
A current and former employee of one of the largest providers of diagnostic services in the Tampa Bay area filed two overlapping qui tam cases alleging that the provider had engaged in a number of schemes to defraud federal health programs, including payment of kickbacks to induce Medicare referrals, performing unsupervised dye contrast procedures in violation of Medicare reimbursement rules, submission of Medicare claims for reimbursement of services not ordered by physicians, and submission of claims performed at locations that were not enrolled with the Medicare program. All claims in the two cases were settled on an ability-to-pay basis for $8.7 million.
United States ex rel. Doe v. Institute of Cardiovascular Excellence,
Case no. 5:11-civ-406-Oc-10KRS
United States ex rel. Taylor v. Qamar,
Case no. 8:14-civ-1454-T-35EAJ
The United States intervened in two overlapping qui tam cases filed against an Ocala cardiologist, Dr. Asad Qamar, and his practice, the Institute of Cardiovascular Excellence. A complaint was filed alleging that these defendants had billed Medicare, Medicaid, and TRICARE for medically unnecessary procedures and had paid kickbacks to patients by waiving Medicare copayments irrespective of financial hardship. Medicare copayments provide beneficiaries with an incentive to be smart health care consumers and avoid unnecessary procedures. By waiving the required copayments indiscriminately, Dr. Qamar and his practice induced patients to undergo unnecessary and invasive procedures. This conduct made Dr. Qamar the highest paid Medicare cardiologist in the United States in 2012 and 2013. These allegations were settled for $7.3 million.
Compounding Pharmacy Fraud Initiative
The Middle District of Florida continued to lead the nation in its work on a series of direct referrals from the TriCare health program to address crippling fraud aimed at that program by a web of unscrupulous compounding pharmacies, “teledoc” Internet-based physicians, and marketers. These individuals and entities banded together to market, prescribe, and fill prescriptions for lucrative pain and scar creams. Nationwide, the TriCare reimbursement for these cream medications was roughly $122 million in 2012; by May 2015, reimbursement had skyrocketed to $1.8 billion, a trend that threatened the solvency of the program. Our investigations of the most prolific pharmacies in the Middle District of Florida uncovered a variety of schemes, notably the pharmacies’ payment of enormous commissions to marketers who located physicians and TriCare beneficiaries to whom medically unnecessary creams would be prescribed; improper referral relationships; payment of kickbacks to physicians in return for referrals; use of bogus philanthropies to circumvent co-payment obligations; and an array of violations of state laws pertaining to prescriptions and pharmacy practice.
In FY 2016, the Middle District of Florida entered into a host of civil settlements with compound pharmacies and their principals that addressed these issues. These settlements included:
OHM Pharmacy, Inc., $4.1 million
At issue in OHM was the filling of prescriptions that were not based upon a bona fide patient/doctor relationship.
Well Health, Inc., $3,781,566; Topical Specialists, $2,228,455; Mehul Parekh $510,00, Sayed Assad $520,000, Marisol Arcila $400,000, Manish Bansal $2,270,236
This series of related settlements involved compounding pharmacies and their principals engaged in improper referral relationships and illegal recruitment of prescribing physicians through bogus research-study arrangements.
Andy and Tracy Miller, $7.75 million
This resolved claims against the principals of a compound pharmacy for their role in the payment of illegal compensation to marketers and the filling of prescriptions for pain creams written outside of the ordinary course of medical practice.
Durbin Pharmacy, $2.1 million; $1.6 million
This matter involved two separate agreements addressing illegal incentive-based commissions to marketers and filling prescriptions that were not based upon a bona fide patient/doctor relationship.
Advanced Dermatology
This was a direct referral from the TriCare program regarding the billing practices of a Jacksonville dermatology practice. Following a comprehensive investigation, we found the practice group had engaged in systemic abuse of CPT Modifier 25, which resulted in unbundled billings to federal payers for services that should have been billed with the claim for the office visit. The practice paid $3,666,711 to resolve these claims.
Hospice of Citrus County
This was a direct referral from the HHS Office of the Inspector General concerning a local hospice provider’s practice of billing Medicare for hospice services that were provided to patients who did not qualify for the service, i.e., who were not within 6 months of death. Services were provided to patients often for years in duration. The provider paid $3.022 million to settle these claims.
United States ex rel. Caputo v. Bay Area Partners,
Case no. 8:13-cv-2591-T-33EAJ
A former technician employee of a provider of lithotripsy services filed a qui tam complaint alleging that the defendant had improperly billed Medicare for reimbursement of lithotripsy performed by technicians that lacked the proper certification required by Medicare reimbursement regulations. The defendant settled these claims under an agreement that paid the United States $793,887.
Asset Forfeiture Cases
United States vs. Leonard Potillo,
Case No. 6:14-cr-128-Orl-40GJK
Potillo was the manager/owner of United Credit Recovery, LLC (UCR), a debt collection company. From 2007 through 2012, Potillo bribed a bank official so that UCR could purchase “charged-off” consumer debts from the bank through an auction process. These charged-off debts are extremely valuable because they can be purchased for pennies on the dollar and resold for huge profits. Potillo paid $1 million in bribes to an officer from U.S. Bank in exchange for inside information on the auctions. He then successfully purchased debt portfolios with a face value of $820 million. Potillo’s company generated gross proceeds of more than $28 million on this debt. With the illegal proceeds, Potillo purchased prime real estate holdings in the United States and abroad, as well as luxury vehicles, motorcycles, and jewelry. In October 2015, a superseding indictment was returned by the grand jury, charging Potillo with conspiracy to commit bribery of a bank official and tax evasion. He pleaded guilty to the charges and agreed to the forfeiture of $2 million in assets, as well as a $28 million forfeiture money judgment. The assets forfeited include, among other things, 9 luxury vehicles, 2 motorcycles, a boat and trailer, real property, 17 pieces of high-valued jewelry, and numerous bank accounts. Potillo agreed to pay $1 million to the IRS in restitution – he also agreed to satisfy this restitution through income generated through UCR’s legitimately obtained debt portfolios. In January 2016, Potillo was sentenced to 46 months in federal prison.
United States v. Lohr,
Case No. 8:15-cr-510-T-23MAP
This case involved the sale of illegal prescription drugs and herbal Viagra that had been smuggled into the United States. Two bank accounts, cash from a safe deposit box, and cash found at the store during the execution of a search warrant were seized by the United States. In all, approximately $926,466.35 was seized as proceeds of the smuggling scheme. Lohr pleaded guilty and was sentenced to 21 months in federal prison. As part of his plea agreement he agreed to the forfeiture of the seized funds.
U.S. v. Edward & Kim Feldman,
Case No. 8:14-cr-521-T-27AEP
The United States seized approximately $700,000 in assets during the arrests and execution of various warrants associated with the drug trafficking investigation of Edward Feldman, a doctor who had illegally distributed prescription pain pills, resulting in the deaths of three of his patients. The Feldmans committed various financial transactions that involved money laundering and structuring violations. A federal jury found them guilty in February 2016. In May 2016, Edward Feldman was sentenced to 25 years in federal prison, his wife was sentenced to a term of four years. The Feldmans were ordered to forfeit their home, a Mercedes Benz, an Infinity EX35, approximately $489,000 seized from safe deposit boxes as well as bank and investment accounts, all of which were traceable to proceeds of the offenses. They were also ordered to forfeit jewelry, gold coins, and a 2011 Porsche 911 as substitute assets for criminal proceeds that they had spent. Lastly, the Feldmans were ordered to forfeit the building that housed Feldman Orthopedic and Wellness Center, as a property that facilitated their crimes.
Federal Jury Convicts Armed Career CriminalRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Raimundo Hogan (42, Jacksonville) guilty of being a felon in possession of a firearm. Hogan, who qualifies as an Armed Career Criminal, faces a mandatory minimum sentence of 15 years, up to life, in federal prison. His sentencing hearing will be scheduled for early next year.
According to testimony presented at trial, on February 26, 2016, Hogan was a passenger in a car that was stopped for a seatbelt violation. Hogan fled from the car while holding a Glock pistol in his right hand. A patrol officer with the Jacksonville Sheriff’s Office and a civilian both observed Hogan with the pistol, which he threw and was recovered at the scene. After a short pursuit, Hogan was apprehended.
According to court documents and Florida Department of Corrections records, Hogan has prior convictions for armed robbery, aggravated assault, carjacking and possession of a firearm by a convicted felon. As such, he is prohibited from possessing a firearm and ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Jason Mehta and Frank Talbot.
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.
Plant City Man Sentenced to Four Years in Prison for Selling Stolen Medical RecordsRead the Press Release
Tampa, FL –U.S. District Judge Charlene Edwards Honeywell today sentenced Vickie Lorenzo Bryant (39, Plant City) to four years in federal prison for access device fraud and aggravated identity theft. He pleaded guilty on August 23, 2016.
According to court documents, in May 2016, Bryant contacted a government confidential informant (CI) and offered to sell the CI approximately 1,000 individuals’ personally identifiable information (PII), including names, dates of birth, and social security numbers, for $15,000 or $15 per identity. Bryant had previously sold stolen PII to the CI and knew that the CI had used the information to manufacture counterfeit credit cards and fake Florida driver licenses. The CI had also purchased cellphones using the identity theft victims’ credit. On June 9, 2016, and again on June 16, 2016, Bryant met with the CI in Tampa and sold him 957 different victims’ PII contained in printed medical records.
A review of the PII sold by Bryant revealed that it consisted of over 1,000 pages of printed medical records that agents traced to Rotech Healthcare, a medical device company that provides respiratory and sleep apnea services across the United States. All of the identity theft victims confirmed that they had received equipment (such as sleep apnea breathing machines) and/or services from Rotech, which has a billing center in Lakeland.
Bryant’s coconspirators, Fontella James and Sharmekia Young, the Rotech employees who allegedly stole the PII from their employer, were separately indicted on September 29, 2016, and charged with conspiracy, computer intrusion, and identity theft crimes.
This case was investigated by the United States Secret Service and the Florida Department of Law Enforcement as part of the Secret Service’s Financial Investigations Strike Team. It is being prosecuted by Assistant United States Attorney Mandy Riedel.
Lake Mary Man Pleads Guilty to Investment FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Irwin Charles Ager (84, Lake Mary) has pleaded guilty to conspiracy to commit mail fraud and wire fraud. He faces a maximum penalty of 20 years in federal prison. Ager has agreed to pay more than $10.3 million in restitution to his victims. His sentencing hearing has been set for February 17, 2017.
According to court documents, Ager and his conspirators defrauded over 200 victims out of more than $10.3 million through investments offered in connection with a company called Tri-Med Corporation. Ager was one of the Marketing Directors for Tri-Med Associates, the “marketing arm” of Tri-Med. He was responsible for soliciting investors, as well as recruiting and managing many of the sales people who sold investments in Tri-Med.
The investment fraud scheme involved the alleged purchase of medical receivables by Tri-Med related to services provided to accident victims represented by personal injury attorneys. Payment of those medical receivables was supposed to be made from the proceeds of litigation or an insurance claim made against a general liability or automobile insurance policy. Each of the medical receivables was supposed to be secured by a “letter of protection,” provided by a patient’s personal injury attorney to a medical services professional as an incentive to provide services to a patient. A letter of protection is a contract involving a patient, the patient's attorney, and the medical services provider where the patient and attorney agree to pay all or part of the total billed by the medical services provider from the proceeds of any pre-suit settlement, lawsuit settlement, or judgment that the patient may obtain.
To fund Tri-Med’s alleged purchases of medical receivables, Ager and his conspirators solicited individuals to participate in an “investment program” where investors’ money would be used by Tri-Med to buy medical receivables “backed” by letters of protection. As part of their solicitations, Ager and his conspirators represented to investors that that their investments were safe and that investor funds would be held in a trust account that was controlled by an attorney. To assure investors that their investments were secure, Tri-Med claimed that it would transfer its interest in the letter of protection to the investor in a document called an “Assignment of Interest Certificate.”
Those representations were false. Of the more than $17 million raised from over 200 investors, only approximately $2.7 million was ever transferred from Tri-Med to the attorney’s trust account. The majority of the funds raised from investors never made it to that account. Over $6.5 million was paid to the sales people and the operators of Tri-Med or was used by them to benefit themselves or pay business expenses. Approximately $2.3 million was paid as distributions to investors to make them believe that their investments were profitable. In fact, Tri-Med did not purchase enough medical receivables to secure the incoming investments, so it fabricated “Assignment of Interest Certificates.”
Ager’s brother, Eric Leon Ager (78, Stuart) has also been charged with conspiracy. If convicted, he faces a maximum penalty of 20 years in federal prison. His trial is set for February 2017.
This case was investigated by the United States Secret Service and the State of Florida’s Office of Financial Regulation. It is being prosecuted by Assistant United States Attorneys Shawn P. Napier and Roger B. Handberg.
Developer Indicted for Embezzling from A Bankruptcy EstateRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Clark D. East (59, Sugarland, TX) with embezzlement from a bankruptcy estate. If convicted, he faces a maximum penalty of five years in federal prison.
According to the indictment, East obtained a loan from Stearns Bank, a member bank of the Federal Home Loan Bank of Minneapolis, to develop a property located at 3700 Ulmerton Road Plaza in Clearwater. East subsequently defaulted on the loan and Stearns Bank obtained approval to sell the property at foreclosure on March 27, 2012. The day before the scheduled foreclosure sale, East filed for bankruptcy protection with the United States Bankruptcy Court through his company, 3700 Ulmerton Road, LLC. During the bankruptcy proceedings, East was ordered by the Court to sell the property and pay $1.2 million in sales proceeds to Stearns Bank. Rather than repaying Stearns Bank, East embezzled $828,854.66 of proceeds that were part of the bankruptcy estate and due to Stearns Bank.
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 Federal Bureau of Investigation and the Federal Housing Finance Agency – Office of Inspector General. The Office of the United States Trustee for the Middle District of Florida, Tampa Division, also provided substantial assistance. The case will be prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay G. Trezevant.
Winter Haven Man Sentenced to Life Imprisonment for Assaulting Federal Officers and Drug OffensesRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazarra today sentenced Altius Willix (48, Winter Haven) to life in federal prison for conspiracy, attempted possession of methamphetamine, and assaulting federal officers. A federal jury found him guilty on August 4, 2016.
According to testimony presented at trial, Willix arranged for four pounds of pure methamphetamine to be mailed from Tempe, Arizona to Winter Haven, Florida. After Willix attempted to retrieve the parcel, three federal agents approached him. Willix fled and ultimately collided with one of the agents, causing him to fall to the ground. Willix continued to resist arrest, as agents attempted to detain him, resulting in their injury. During the struggle, Willix tried to remove holstered firearms from two of those agents. When told to let go, Willix responded, “You’re gonna have to kill me.” Willix was ultimately handcuffed and taken into custody.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Postal Inspection Service, and the Winter Haven Police Department. It was prosecuted by Assistant United States Attorney Carlton C. Gammons.
Windermere Man Sentenced to 25 Years for Receipt, Distribution, and Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Rodolfo Martinez Rodriguez (61, Windermere) to 25 years in federal prison for receipt, distribution, and possession of child pornography. The Court also imposed a life term of supervised release. He pleaded guilty on September 21, 2016.
According to the plea agreement, Rodriguez, acting under the user name “michael_modeling,” used Instagram to entice children into producing sexually explicit images and videos that he then distributed to other children. Rodriguez engaged in communications with girls as young as 9, while he portrayed himself to be either a male or female between the ages of 10 and 17. Rodriquez admitted that he had engaged in this conduct for a span of two years, and stated that he did not think that asking for and receiving child pornography from children over the Internet caused any harm to the children.
This case was investigated by the Federal 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 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.
United States Settles False Claims Act Allegations Against Orthopedic Surgery Practice for $4,488,000Read the Press Release
Jacksonville, FL – United States Attorney A. Lee Bentley, III announces today that Southeast Orthopedic Specialists (SOS), a Jacksonville, Florida-based orthopedic medical group, has agreed to pay the government $4.488 million to resolve allegations that it violated the False Claims Act.
The United States contends that it has certain civil claims against SOS arising from SOS billing federal healthcare programs for services that were not medically necessary and reasonable. Specifically, the United States contends that SOS sought reimbursement for millions of dollars of healthcare claims that were questionable. The United States alleges that these questionable bills include:
1. SOS certified that it met certain standards related to the “meaningful use” of electronic health records when the practice had, in fact, not met those standards;
2. SOS knowingly billed for certain claims as “incident to” physician supervision when no physician was present or there was no verification of any physician being present;
3. SOS knowingly billed for certain claims using Modifier 25 signifying that a separate evaluation and management service was performed even when there was no such separate service;
4. SOS knowingly billed for certain claims using Modifier 59 signifying that two procedures, rather than one, were billable even when these procedures should have more appropriately been billed as one such procedure;
5. SOS knowingly scheduled patients’ follow-up operative visits from 12 weeks following surgery to 14 weeks in an effort to bill for a separate visit outside the normal Medicare 90 days Diagnosis-Related Group charge;
6. SOS knowingly used and billed for ultrasound-guided injections routinely even in the absence of medical necessity; and
7. SOS knowingly billed for certain physical therapy claims using Modifier KX so as to exceed the Medicare cap on physical therapy, despite the absence of medical necessity.
“The United States Attorney’s Office is committed to taking the steps necessary to protect Medicare and other federal health care programs from fraud,” said U.S. Attorney Bentley. “When health care practitioners submit fraudulent claims for reimbursement, we will hold them accountable.”
“The Department of Health and Human Services, Office of Inspector General will relentlessly seek out those who defraud the Medicare program,” said Special Agent in Charge Shimon Richmond. “Obtaining tax dollars which Medicare providers are not entitled to impacts our entire healthcare system and the OIG will hold health care providers accountable who misrepresent services to boost profits.”
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 $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was investigated by the U.S. Department of Health and Human Services. It was prosecuted by Assistant United States Attorney Jason Mehta.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Tampa Sex Offender Sentenced to 20 Years in PrisonRead the Press Release
Tampa, Florida – Chief U.S. District Judge Steven D. Merryday has sentenced Windell Holton (68, Tampa) to 20 years in federal prison for attempted enticement of a minor to engage in sexual activity, and commission of the offense as a sex-offender. The Court ordered him to forfeit a cellphone and computer that he used commit the offense. Holton pleaded guilty on August 16, 2016.
According to court documents, Holton contacted an individual online who he believed to be a 13-year-old girl and asked her to engage in sexual intercourse with him. In reality, he was communicating with an undercover federal agent. Holton had previously been convicted of attempted sexual battery in Florida.
“Thanks to the tireless efforts of our HSI special agents, this sexual predator will now be behind bars where he cannot hurt another child,” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI will continue to use our unique investigative techniques to ensure criminals like this are held accountable for their actions.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Federal Jury Convicts Englewood Man for Possessing A Firearm as A FelonRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Ernest L. Chambliss (45, Englewood) guilty of possessing a firearm as a convicted felon. He faces a minimum mandatory penalty of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for March 17, 2017.
Chambliss was indicted on November 19, 2015.
According to testimony presented at trial, on April 16, 2015, Chambliss sold a firearm to a confidential informant. As a previously convicted felon, he was prohibited from possessing a firearm or ammunition under federal law. His prior criminal record also qualifies him for enhanced sentencing as an Armed Career Criminal under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Gregory T. Nolan and Christopher Murray.
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.
New Port Richey Pair Indicted on Money Laundering ConspiracyRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging David Owen (39) and Andrew Corrigan (23), both of New Port Richey, with one count of money laundering conspiracy. If convicted, each faces a maximum penalty of 20 years in federal prison. The indictment also notifies the defendants that the United States is seeking a money judgment in the amount of at least $547,149, the proceeds of the conspiracy.
According to the indictment, Owen and Corrigan used individuals (straw account owners) to open bank accounts into which their victims deposited money. The money was extorted from victims by impersonators falsely representing that the victims owed federal income tax to the Internal Revenue Service (IRS), the Canadian tax authorities, or for other financial obligations. The conspirators told victims that if they failed to pay these obligations, they or their family members would face arrest, prosecution, or other legal consequences.
Provided with online access to accounts, the conspirators monitored the victims’ deposits in order to ensure timely withdrawals by the straw account owners. In order to make the withdrawals at the bank, the conspirators provided the straw-account owners with the victims’ names, locations, and amounts of the deposits. The defendants then directed the straw-account owners to withdraw the funds in cash and turn it over to them, often minus a payment to the straw-account owner for opening the account or conducting the transaction.
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 Internal Revenue Service – Criminal Investigation, Treasury Inspector General for Tax Administration, the Federal Bureau of Investigations, United States Postal Inspection Service, the Pinellas County Sheriff’s Office, the Pasco County Sheriff’s Office, the Largo Police Department, the Gulfport Police Department, and the Royal Canadian Mounted Police. It will be prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Metro PCS Armed Robber Sentenced to 32 Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan sentenced Christopher McCain (27, Anniston, AL) yesterday to 32 years in federal prison for two counts of robbery and brandishing a firearm in furtherance of a crime of violence. He pleaded guilty on July 3, 2014.
According to court documents, McCain robbed three different Metro PCS stores during January 2012. He carried a loaded .45 caliber pistol during each of the robberies and took a total of $2,211 from the stores. McCain was arrested on January 28, 2012, after a Metro PCS store employee was able to get the tag number of McCain’s getaway car. McCain was still in possession of his loaded .45 caliber pistol when officers from the Jacksonville Sheriff’s Office arrested him.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Frank Talbot.
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.
Married Couple Sentenced to More Than Six Years in Federal Prison for Tax Fraud and Identity TheftRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington today sentenced Jessieca Omowele (30, Tampa) and her husband, Kevin B. Jones (31, Tampa) to six years and three months in federal prison for theft of government property and aggravated identity theft stemming from their involvement in a stolen identity tax fraud (SIRF) conspiracy. The Court also ordered them to pay restitution to the Internal Revenue Service in the amount of $1,586,245.39, which are the proceeds traceable to the conspiracy.
Both Omowele and Jones pleaded guilty on September 7, 2016.
According to court documents, from at least 2011, through and including 2015, Omowele and Jones, together and with others, agreed and conspired to electronically file fraudulent federal income tax returns using the personal identifiable information (PII) of unknowing identity theft victims, some of whom were deceased, in order to obtain tax refunds to which they were not entitled. Many, if not all, of these returns were electronically filed from the defendants’ residence, with the refunds directed to be deposited onto debit cards in the conspirators’ names and/or sent to addresses associated with the conspirators. Omowele and Jones then used the debit cards at retail stores, ATMs, and to make online purchases. Records show that they also used their victims’ information to obtain utility service at their home and to apply for student loans, all without their victims’ knowledge or consent.
To date, the IRS has determined that the conspirators filed and caused to be filed false and fraudulent federal income tax returns using stolen PII from over 1,500 individuals, claiming refunds totaling $9,424,989.41. As a result of the scheme, the conspirators received $1,586,245.39 in proceeds.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Career Criminal Sentenced to 15 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Derrick Bernard Farmer (41, Tampa) to 15 years in federal prison for possessing with the intent to distribute crack cocaine and possessing a firearm as a convicted felon. He pleaded guilty on July 6, 2016.
According to court documents, during January 2016, Farmer served as the crack cocaine source for two individuals who then sold the drugs to an undercover detective. On February 3, 2016, law enforcement officers executed a search warrant at Farmer’s apartment in Tampa and found crack cocaine, drug paraphernalia, and three firearms. Farmer had multiple prior felony drug convictions and therefore was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Taylor G. Stout.
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 part of the PSN Comprehensive Anti-Gang Initiative (CAGI). CAGI’s objective is to reduce criminal gangs, violent crime, and illegal drugs and guns through swift, thorough enforcement and prosecution, along with prevention and re-entry efforts.
Winter Haven Man Sentenced to Seven Years for Stealing Tax Refunds and Personal Identity InformationRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Daniel White to seven years in federal prison for his role in a stolen identity refund fraud scheme. As part of his sentence, the Court also entered a money judgment in the amount of $320,703.84, which are the losses to the United States Treasury.
White was found guilty in August 2012, but before he could be sentenced, he absconded. In July 2016, law enforcement officers located White in Polk County, where he was found hiding in an air conditioning return duct at a home. He was arrested without incident.
According to court documents, from May 2011 until October 2011, White used stolen personal identity information (“PII”) from at least 39 victims to prepare and file tax returns without their knowledge or consent. At least 24 of those victims were deceased when White made these fraudulent submissions. White then directed the Internal Revenue Service to electronically deposit the fraudulent refunds into a bank account that he controlled. The total intended losses in this case were approximately $737,588.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Kristen A. Fiore and Amanda Kaiser.
Winter Haven Man Sentenced for Making False Statements in Mortgage LoanRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Stevie McDonald (42, Winter Haven) to 15 months in federal prison for bank fraud related to his role in a mortgage fraud conspiracy. As part of his sentence, the Court ordered him to pay restitution to J.P. Morgan Chase Bank in the amount of $74,868.
According to court records, on November 10, 2007, McDonald entered into a contract to purchase a home in Port Richey. He then applied for a mortgage loan from Washington Mutual Bank. In the loan documents that he signed and submitted to the bank, McDonald made false statements about his income and employment. In December 2007, during the course of closing on the property purchase, Washington Mutual paid more than $35,000 to a woman McDonald knew and later married. This payment was purportedly a satisfaction of an existing lien on the sale property. Subsequent investigation revealed that no such lien existed. Washington Mutual Bank suffered a financial loss as a consequence of McDonald’s default on the loan.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Tampa Man Pleads Guilty to Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Walter M. Fambro has pleaded guilty to theft of government funds and possession of unauthorized access devices. He faces a maximum penalty of 10 years in federal prison for each count. A sentencing date has not yet been set.
According to the facts at the plea hearing, between June 2011 and September 2013, Fambro was involved in a scheme to file false and fraudulent income tax returns with the Internal Revenue Service in order to generate large refunds deposited onto debit cards. When law-enforcement officers arrested Fambro on September 1, 2013, he had 29 debit cards in the names of different individuals in his possession, along with a laptop computer, ledger sheets, and hospital patient records containing the personal identifying information of numerous individuals. The investigation revealed that the IRS had received fraudulent tax returns in the names of many of those individuals which resulted in the delivery of fraudulent income tax refunds, totaling approximately $326,133.00, to debit cards that Fambro used or controlled.
This case was investigated by the Internal Revenue Service - Criminal Investigation, with the assistance from the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
St. Petersburg Man Pleads Guilty to Firearm OffenseRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Charles Parker Harrington, III (27, St. Petersburg) today pleaded guilty to possessing a firearm and ammunition as a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
Harrington was indicted on October 19, 2016.
According to court documents, on August 3, 2016, an officer with the St. Petersburg Police Department initiated a traffic stop on a vehicle in which Harrington was a passenger. Further investigation revealed an outstanding warrant for Harrington’s arrest. The officer detained Harrington, searched him, and found a loaded .380 caliber pistol in his pocket. At the time, Harrington was a convicted felon and 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 St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.
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.
Tampa Bay Man Sentenced to Federal Prison for Tax EvasionRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Steven Headden Young (55, St. Petersburg) to 21 months in federal prison for tax evasion. He was also ordered to make restitution to the Internal Revenue Service in the amount of $509,455, and to file his corrected tax returns for tax years 2007 through 2011.
According to court documents, Young evaded a substantial portion of his personal federal income taxes for the years 2007 through 2011 by falsifying expenses to negate his income. Young, who prepared and filed his own tax returns, created bogus business expenditures and deducted them from his Schedule C income. He provided the IRS with a false lease agreement and false invoices between his real estate company and a sham corporation, purportedly based in the Dominican Republic.
Young also falsely filed as head-of-household (HOH) to take advantage of the tax benefits of the HOH filing status when he was indeed married. HOH provides for less taxes and higher credits than when filing as single, married and filing jointly, or married and filing separately. Young made false statements to the IRS about his marital status, claiming he was single, when he was married and living with his wife.
Young also interfered with the IRS audit and tax assessment of his personal federal income taxes by attempting to intercept third-party records that had been subpoenaed by the IRS from Bank of America (BOA). Young fabricated a letter from the IRS to BOA in an attempt to redirect bank records that had been intended for the IRS to another address, which had been opened by Young in the name of an IRS employee.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Treasury Inspector General for Tax Administration. It was prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Two Orlando Residents Sentenced to Federal Prison for Possession of Stolen Guns from A Federally Licensed Firearms DealerRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Kimberly Carnell White, Jr. (28, Orlando) and James Romando Harris, II (28, Orlando) to 72 months and 84 months in prison, respectively, for possession of firearms by convicted felons. Both White and Harris pleaded guilty on August 24, 2016.
According to court documents, a federally licensed firearms dealer in Marion County was burglarized during the morning of May 5, 2016. Later that day, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) received information that White had several firearms to sell from a location he claimed to have “hit.” That same day, undercover agents from the Orange County Sheriff’s Office (OCSO) purchased five firearms from White and Harris. The serial numbers of those firearms matched those of the firearms that had been stolen from the licensed dealer. Both White and Harris have prior felony convictions and are therefore prohibited from possessing firearms or ammunition under federal law.
On May 13, 2016, the OCSO, the ATF, and the Orlando Police Department executed federal search warrants at the Orlando residences where the undercover transactions had been conducted, and where other firearms had been seen. During the execution of those warrants, law enforcement recovered seven firearms from one residence and four firearms from the other residence. Of those 4 firearms, four had serial numbers matching those of the firearms reported stolen from the federally licensed dealer. In total, investigators seized 16 firearms, including 9 that had been reported stolen from the firearms dealer.
These arrests were the result of a multi-agency investigation focused on the recovery of the firearms. This case was investigated by the Orange County Sheriff’s Office, the Orlando Police Department, the Marion County Sheriff’s Office, the Belleview Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. Unites 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.
Illegal Alien Sentenced to More Than Fifteen Years for Possession with Intent to Distribute HeroinRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Fredy Herney Nieto-Marin (37, Revere, Massachusetts) to 15 years and 8 months in federal prison for possession with intent to distribute heroin. Because Nieto-Marin (a Columbian citizen) is an illegal alien, he is subject to deportation after serving his prison term. Nieto-Marin pleaded guilty on January 19, 2016.
According to court documents, Nieto-Marin met with a confidential source (CS) working for the Drug Enforcement Administration regarding potential drug deals. Nieto-Marin met with the CS on Nieto-Marin’s way back to Massachusetts, after dropping off $45,000 for a prior drug deal. During the meeting with the CS, Nieto-Marin told the CS about a large amount of heroin that was hidden inside Nieto-Marin’s car. A police canine subsequently located approximately 453 grams of heroin that had been concealed inside a hidden compartment in Nieto-Marin’s car.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
El Salvadoran Man Who Fled from Law Enforcement Officers Charged with Illegal Reentry After DeportationRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Francisco Obidio Portillo-Fuentes (26, El Salvador) with illegally reentering the United States after having been deported. If convicted, he faces a maximum penalty of two years in federal prison. Portillo-Fuentes made his initial appearance in federal court today, in Jacksonville, and was ordered temporarily detained. A formal detention hearing is set for November 28, 2016, at 2:00 p.m.
According to the
criminal complaint , Portillo-Fuentes was a passenger in a pick-up truck parked at a Gate gas station in Yulee, Florida on November 22, 2016, when the truck was approached by a uniformed Border Patrol agent. The driver of the pick-up truck was engaged in a conversation with the Border Patrol agent when Portillo-Fuentes exited the truck and fled on foot. Two Nassau County Sheriff’s Office deputies, who were in the area for an unrelated call, gave chase. An extensive search for Portillo-Fuentes was conducted throughout the day on November 22, 2016, and Portillo-Fuentes was located and arrested by the U.S. Marshals and Jacksonville Sheriff’s Office deputies that evening.After being arrested, Portillo-Fuentes told Border Patrol agents that he had been born in El Salvador and had last entered the United States on or about November 19, 2016, by wading across the Rio Grande river near Laredo, Texas. Computer database checks confirmed that Portillo-Fuentes had been previously deported from the United States on two separate occasions, in 2011 and 2016.
A criminal complaint 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 U.S. Border Patrol, with assistance from the U.S. Marshals Service, the Nassau County Sheriff’s Office, the Jacksonville Sheriff’s Office, the Florida Highway Patrol, and U.S. Customs and Border Protection - Field Operations. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Merritt Island Man Sentenced to 350 Years for Multiple Federal Child Pornography OffensesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Joshua Adam Tatro (24, Merritt Island) to 350 years in federal prison for nine counts of producing child pornography, three counts of receiving child pornography, and one count of possessing child pornography. The Court also ordered him to forfeit the electronic devices that he used during the commission of the offenses.
Tatro was found guilty after a bench trial on July 6, 2016.
According to testimony and evidence presented at trial, on nine separate occasions, between October 2014 and March 2015, Tatro produced images and videos depicting him sexually abusing a three-year-old child. He also used a messaging app on his phone to send and receive images depicting child pornography and uploaded images of child pornography onto an online account that he maintained. Law enforcement began investigating Tatro after they learned of his online activity from the National Center for Missing and Exploited Children.
On March 17, 2015, agents from the Brevard County Sheriff’s Office executed a search warrant at Tatro’s residence, where he and the child victim were living. During the execution of the warrant, cell phones were recovered from Tatro’s pocket and his bedroom. A forensic examination of those phones led to the recovery of the explicit images and videos that Tatro had produced. During an interview with agents, Tatro admitted to producing the images and videos, and to sending them to others using the messenger app.
In total, Tatro possessed 76 videos and 692 photographs of child pornography on his cell phones. A search of his online drive account revealed more than 1,000 stored images of child pornography. Several of the images in Tatro’s possession depicted children under the age of 12 being sexually abused and exploited.
“This predator will spend the rest of his life behind bars, where he can no longer harm children,” said Susan L. McCormick, special agent in charge of HSI Tampa. “The dedicated work of HSI special agents and our Brevard County Sheriff’s Office partners have made our communities a safer place.”
This case was investigated by the Brevard County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Tampa Man Sentenced in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Cedric Clark to eight years and six months in federal prison for his role in a stolen identity refund fraud scheme in the Tampa Bay area. As part of his sentence, the Court ordered him to pay restitution to the Internal Revenue Service in the amount of $1,933.862.37. Clark pleaded guilty on June 21, 2016.
According to court documents, between October 2010 and June 2013, Clark engaged in a fraud scheme involving the filing of false and fraudulent income tax returns in the names of living and deceased individuals. Clark and his co-conspirators received approximately $1.9 million in tax refund checks from the IRS. They had filed returns requesting refunds of almost $6 million.
This case was investigated by the Internal Revenue Service Criminal Investigation, the United States Postal Inspection Service, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Palm Harbor Oncologist Convicted of Buying Unapproved Cancer Medications from Foreign Sources and Defrauding MedicareRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found D. Anda Norbergs (61, Palm Harbor) guilty of 17 counts of receipt and delivery of misbranded drugs, 12 counts of smuggling goods into the United States, 11 counts of health care fraud, and 5 counts of mail fraud. She faces a maximum penalty of 20 years in federal prison for each mail fraud and smuggling offense, 10 years’ imprisonment for each health care fraud count, and 3 years for each count of receipt and delivery of misbranded drugs. Her sentencing hearing is scheduled for February 16, 2017.
Norbergs was originally indicted on May 28, 2015. A second superseding indictment was returned on July 21, 2016.
According to testimony and evidence presented at trial, Norbergs, a licensed physician in Florida, was the head doctor, owner, and operator of East Lake Oncology (“ELO”), a cancer treatment clinic located in Palm Harbor. Beginning in at least May 2009, she ordered, and directed others at ELO to order, drugs from foreign, unlicensed distributors, including Quality Specialty Products (“QSP”). The drugs sold to ELO by QSP and other foreign, unlicensed distributors were not FDA-approved. In fact, QSP had reportedly sold counterfeit versions of a chemotherapy medication that did not have the key ingredient in the drug. Norbergs learned of this news from other sources yet continued to have QSP drugs administered to patients. When QSP shut down, Norbergs switched to buying drugs from another foreign, unlicensed distributor. Many of the drugs were shipped directly to ELO from a location outside the United States, usually from the United Kingdom. The packaging and documents shipped with the drugs showed that they were manufactured and packaged for distribution in foreign countries, such as Turkey, India, and Germany. Additionally, some of the packaging for the drugs was in foreign languages, without any English translation.
Unbeknownst to patients, these misbranded drugs were then administered at ELO. After administering these drugs to patients, ELO submitted claims for reimbursement to Medicare. In submitting those claims, Norbergs falsely represented that the FDA-approved versions of the drugs had been administered, when she knew that unapproved and misbranded versions had been given to patients. In so doing, Norbergs intended to generate profits from the difference between the Medicare reimbursement rates for the FDA-approved drugs and the discounted prices of the misbranded versions of those drugs purchased from foreign distributors.
This case was investigated by U.S. Department of Health and Human Services – Office of Inspector General and the U.S. Food and Drug Administration. It is being prosecuted by Assistant United States Attorneys Adam M. Saltzman and Jay Trezevant.
Jacksonville Man Pleads Guilty to Soliciting and Paying for Live Molestation of Children over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Justin Laurence McKinley (49, Jacksonville) has pleaded guilty to sending notices over the Internet soliciting the live molestation of children for online viewing. He faces a mandatory minimum penalty of 15 years, up to 30 years, in federal prison and a potential life term of supervision.
According to court documents, in 2015, the FBI began an investigation into a website engaging in the exploitation and enticement of children to participate in sexual activity. The FBI identified several individuals located in the United States that were associated with this website. Further investigation revealed that several individuals in a foreign country were engaged in the molestation of young children for the purpose of broadcasting live streaming “sex shows” to online viewers who had paid a fee. The individuals were arrested and McKinley was identified as one of the individuals who paid to view these live streaming “sex shows.” Between January 2014 and December 2015, McKinley sent a total of 100 electronic fund transfers, totaling $31,415, to the individuals who molested the children in the “sex shows.”
On May 27, 2016, law enforcement officers executed a federal search warrant at McKinley’s residence. During an interview, McKinley admitted that he had solicited others to molest children and live stream video of the conduct to him, and he further admitted that he had recorded many of the sessions. The victims depicted in the streaming videos ranged in age from a newborn to an 8-year-old child. Forensic analyses of McKinley’s computer media revealed that a particular external hard drive contained at least 613 videos and 6,846 images depicting the sexual abuse of children.
This case was investigated by the Federal Bureau of Investigation, the Jacksonville Sheriff’s Office, and law enforcement authorities in several other countries. 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.
Lemon Bay Drugs North and Brooksville Drugs Agree to Pay $750,000 to Resolve False Claims Act AllegationsRead the Press Release
Fort Myers, FL – United States Attorney A. Lee Bentley, III announces that Lemon Bay Drugs North, Inc. and Brooksville Drugs, Inc. have agreed to pay a total of $750,000 to the government to resolve allegations that the pharmacies violated the False Claims Act by causing claims to be submitted to federal health care programs for prescription drugs that were never dispensed.
Lemon Bay Drugs is a pharmacy operating in North Port, Florida and Brooksville Drugs is a pharmacy operating in Brooksville, Florida. Both pharmacies are managed by Benzer Pharmacy Holding LLC and are owned by Alpesh Patel.
The settlement announced today resolves allegations that Lemon Bay Drugs and Brooksville Drugs provided Medicare and Medicaid patients generic versions of certain medications, but charged Medicare and Medicaid for the brand name versions of those medications. The settlement covers allegations that the pharmacies knowingly submitted false claims by billing the government programs for certain drugs they could not have dispensed because they did not have sufficient inventory of those drugs.
The allegations against the pharmacies 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 whistleblower, a former pharmacy technician who worked at Lemon Bay Drugs, will receive $142,500 as her share of the recovery.
“The United States Attorney’s Office is committed to protecting Medicare and other federal health care programs from fraud,” said U.S. Attorney Bentley. “Those who violate the False Claims Act to generate profit will be held accountable.”
This investigation was handled by Assistant U.S. Attorney Kyle S. Cohen with assistance from the Department of Health and Human Services - Office of Inspector General, the Defense Criminal Investigative Service, the FBI, the Florida Medicaid Fraud Control Unit, the North Port Police Department, and the Sarasota County Sheriff's Office.
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 $31.6 billion through False Claims Act cases, with more than $19.2 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.
The lawsuit is captioned United States ex. rel. Vicmary Aguilar-Morales v. Lemon Bay Drugs North, Case No. 2:12-cv-536-FtM-29SPC.
Federal Jury Convicts Last Two of Eight Individuals in Money Laundering SchemeRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Erick Estrada-Lopez (41, Jacksonville) and Michael Rounsville (48, Callahan) guilty of crimes arising out of a money laundering scheme. Estrada-Lopez was convicted of conspiracy to commit money laundering and faces a maximum penalty of 20 years in federal prison. Rounsville, an officer with the Jacksonville Sheriff’s Office, was convicted of accessing a law enforcement database without authorization for financial gain and in furtherance of the money laundering scheme. He faces a maximum penalty of 5 years’ imprisonment. The sentencing hearings have been scheduled for February 27, 2017.
According to evidence presented at trial, Estrada accepted $42,000 in cash from co-defendant Manuel Rodriguez (33, Middleburg), which was part of $200,000 that Rodriguez had agreed to launder for an undercover agent who was posing as a drug dealer. Estrada deposited the cash in his business bank account and obtained a $42,000 cashier’s check that Rodriguez deposited into his bank account the same day. The next day, Rodriguez wired the $42,000, along with an additional $25,000, into the undercover agent’s covert bank account to complete the laundering of the cash.
At the request of his co-conspirators, Rounsville ran the covert name of the undercover agent through the FBI’s National Crime Information Center (“NCIC”) database and the Florida’s Driver and Vehicle Information Database (“DAVID”), both of which are accessible to law enforcement only. Rounsville then reported the results of those searches to the conspirators. Rodriguez testified at trial that, at the request of another co-defendant, he had delivered an envelope containing an unknown amount of cash to Rounsville while he was engaged in off-duty work at a road construction site in Jacksonville.
"This is an important victory for the American public,” said Kim Lappin, IRS Criminal Investigation, Special Agent in Charge of the Tampa Field Office. “Rooting out public corruption remains one of IRS-CI’s highest priorities and this verdict underscores our commitment to work in a collaborative effort to promote honest and ethical government at all levels and to prosecute those who have violated the public’s trust. IRS Criminal Investigation is proud to provide its financial expertise as we work alongside our law enforcement partners to disrupt and dismantle criminal organizations and bring criminals to justice."
Hedar Khlaf (34, Jacksonville), Mollie Bass (32, Jacksonville), Diane Harrison (58, Jacksonville), Christian Magliano (27, Miami), Bruce Childs (47, Jacksonville), and Rodriguez previously pleaded guilty for their roles in the money laundering scheme. Their sentencing hearings have not yet been scheduled.
This case was investigated by the Internal Revenue Service – Criminal Investigation, the U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Department of Law Enforcement, the Jacksonville Sheriff’s Office, and the Nevada Highway Patrol. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Tampa Attorney Sentenced to Prison for Hiding Drug ProceedsRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Joe Manuel Gonzalez (66, Tampa) to 10 months in federal prison, followed by three years of supervised release, for structuring financial transactions to avoid currency reporting requirements. The Court also ordered him to pay a $15,000 fine. Gonzalez pleaded guilty on August 24, 2016.
According to court documents, Gonzalez, an attorney with his own law practice in Tampa specializing in financial and tax matters, established a fictitious trust and bank account for a confidential source (CS) and undercover DEA agent. The CS and the undercover agent posed as brothers seeking to launder proceeds from their marijuana grow house operations. The “brothers” told Gonzalez that they made approximately $30,000-$50,000 per month from their marijuana operation and needed somewhere safe to put their money. Gonzalez advised the “brothers” how to set up and make deposits into bank accounts to avoid detection by law enforcement. Gonzalez established a bank account for the “brothers” in the name of a fictitious trust and made the initial deposits into the bank account with what Gonzalez understood to be proceeds from the marijuana business. On two occasions, Gonzalez structured the cash provided to him by the undercover agent, breaking up the bank deposit into separate transactions to avoid the currency reporting requirements.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Josephine W. Thomas.
Last of 17 Defendants Sentenced in Web-Based Steroid Trafficking OperationRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Robert Gonzalez (41, Orlando) to 18 months in federal prison for conspiracy to manufacture, distribute, and possess with the intent to distribute anabolic steroids, and for violating his supervised release on a previous federal conviction. Gonzalez, who was found guilty by a federal jury on August 19, 2016, was the last of 17 defendants to be sentenced for his role in the operation of an Internet-based anabolic steroid trafficking ring that operated out of Central Florida.
According to court documents, the steroid drug trafficking conspiracy operated from 2012 to 2014. Its members were responsible for shipping illegal steroids throughout the United States and internationally. The members of the conspiracy played various roles in the operation of the Internet-based, steroid trafficking operation - some as organizers, others as manufacturers and shippers, some who sent money to China for the purchase of raw steroids, and some who picked up the proceeds of the steroid sales. The group sold all types of illegal steroids, including oral capsules and oil-based injectable steroids. The orders were made through web sites maintained in foreign countries, and the steroids were processed and sent to customers from Central Florida via United States Mail.
In October 2016, David Arroyo, the leader of the steroid trafficking ring, was sentenced to five years in federal prison. Fifteen others previously pleaded guilty and have been sentenced for their roles in this case. One other, Steven Groden, was also found guilty by a federal jury.
This case was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.
The following individuals were previously convicted and sentenced for their respective roles in the conspiracy:
Vincent Sperti, 37, Lake Mary
John Walker, 42, Lake Mary
Jeffrey Berrios, 44, Lake Mary
Hunter Rawls, 37, Heathrow
Jeffrey Walker, 23, Lake Mary
Jason Bergstresser, 27, Longwood
Christopher Eaddy, 44, Winter Springs
Allison Eaddy, 33, Winter Springs
John Erber, 42, Lake Mary
Brea Tato, 41, Lake Mary
Guillermo Otero, 32, Deltona
David Centeno, 30, Sanford
Melissa Sperti, 34, Lake Mary
Eric Boccard, 42, Mount Dora
Bradenton Man Convicted of Possessing Firearm, Ammunition, and HeroinRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Brandon Williams (31, Bradenton) guilty of possessing a firearm and ammunition as a convicted felon and possessing heroin with the intent to distribute it. He faces a maximum penalty of 10 years in federal prison for the firearm count and up to 20 years in federal prison for the heroin count. His sentencing is scheduled for February 17, 2017. Williams was indicted on July 28, 2015.
According to evidence presented at trial, on June 13, 2015, Williams possessed a loaded .40 caliber firearm and approximately 2 grams of heroin. He attempted to dispose of both as law enforcement authorities arrived at the scene. As a previously convicted felon, Williams was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Carlton C. Gammons.
Two Arrested for Committing $295,000 Armed Bank RobberyRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Ricardo Rodriguez, Jr. (24) and Brandon Mojica (23), both of Deltona, with armed bank robbery. If convicted, each faces a maximum penalty of 25 years in federal prison.
According to the
complaint , on the morning of November 8, 2016, Rodriguez displayed a firearm and forced two bank employees, including Mojica, to provide access to the safe of a bank in Lake Mary, Florida. Rodriguez took approximately $295,000 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. 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.Rodriguez and Mojica made their initial appearances in federal court yesterday. Following a detention hearing, Rodriguez was ordered detained pending further proceedings. Mojica was ordered temporarily detained until his formal detention hearing, which has been scheduled for November 17, 2016.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Lake Mary Police Department and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Emily C.L. Chang.
Tampa Man Sentenced to More Than Six Years for Credit Card Fraud and Identity TheftRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Alberto Yuniel Garcia (31, Tampa) to six years and two months in federal prison for engaging in the manufacture and use of counterfeit credit cards and identity theft. He pleaded guilty on July 7, 2016.
According to court documents, from as early as 2013, and continuing through 2015, Garcia and others possessed and used counterfeit credit cards to purchase items, including gift cards, at retail stores throughout the Tampa Bay area. They obtained stolen credit and debit card numbers from unsuspecting account holders in a variety of ways, including from skimmers placed on gas station pumps. They then re-encoded gift cards with the stolen account numbers in order to create counterfeit credit cards, which they used to purchase merchandise and gift cards that they used for their own benefit or sold for cash. Garcia and those working with him used the stolen account numbers without the account holders’ knowledge or permission and shared in the proceeds of the fraud and identity theft.
On February 19, 2014, law enforcement officers removed four skimmers from gas pumps at a Hess Station in Brooksville. Members of the U.S. Secret Service’s Financial Investigation Strike Team determined that the Hess Station was a common point of compromise for credit card fraud victims. Once investigators obtained store surveillance videos and receipts for the fraudulent transactions, they discovered that Garcia and his co-conspirators were the individuals using the counterfeit credit cards that had been re-encoded with the stolen account information skimmed from customers at the Hess Station.
During yesterday’s sentencing hearing, the Court found that Garcia was involved in various conspiracies to commit credit card fraud and identity theft that affected more than 35 financial institutions and over 1,000 victims. The government estimates the actual loss to individuals as a result of these conspiracies was over $700,000.
This case was investigated by the Tampa Police Department, the United States Secret Service, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorneys Mandy Riedel and Eric Gerard.
Orlando Man Sentenced to 20 Years in Prison for Producing Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Luis Serrano (24, Orlando) to 20 years in federal prison, followed by 15 years of supervised release, for producing child pornography. The Court also ordered him to register as a sex offender upon his release. Serrano pleaded guilty on August 8, 2016.
According to court documents, Serrano enticed and persuaded a minor victim to engage in sexual activity for the purpose of producing visual depictions of the conduct beginning when the child was 14 years old. Serrano initially befriended the girl on a chat website when she was 13 and, during the next two years, he persuaded and directed her to engage in sexual activity during live video chats that he recorded. He also persuaded the child to record herself engaging in sex acts and to send the images to him over the Internet. When the victim was 16 years old, Serrano convinced her to meet him in person to engage in sex acts, and he took explicit photographs of the conduct. Serrano distributed the pornographic images of the victim to as many as 10 individuals.
On March 4, 2016, federal agents executed a search warrant at Serrano’s home and located the images of the victim on Serrano’s electronic devices. Agents also located 340 images and 175 videos depicting the sexual abuse and exploitation of other minors, many of which depicted the sexual abuse of infants and toddlers. Serrano told agents that he had obtained and shared these illicit images with others on the Internet through a file-sharing program.
“The most important thing a society can protect is our children,” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI special agents utilized all of our investigative techniques and authorities to save a young child from further victimization and now this predator will be behind bars unable to harm other children.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Special Assistant United States Attorney Christina R. Downes and Assistant United States Attorney Karen L. Gable.
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 (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.