Middle District of Florida

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Kenneth Lamar Ellington (46, Quincy) guilty of two counts of bank robbery. He faces a maximum penalty of 20 years in federal prison for each count.  Sentencing has been set for October 19, 2015, before United States District Judge Marcia Morales Howard.

Ellington was charged by indictment on September 17, 2014.

According to the evidence presented at trial, on the morning of April 9, 2014, Ellington robbed a branch of TD Bank in Live Oak, Florida.  Disguised with a fake beard and cap, he presented a teller with a note demanding money.  When the teller failed to act fast enough, Ellington instructed her to hurry and gestured toward his waistband as if he were reaching for a firearm. The teller gave Ellington $935 that included a dye pack. Ellington then left the bank with the cash and dye pack grasped in a softcover book. Several bank employees witnessed the robbery, including one who identified Ellington at trial. As Ellington walked away from the TD Bank branch, the dye pack ignited, causing him to drop the money, demand note, and book. A Florida Department of Law Enforcement (FDLE) fingerprint analyst later located Ellington’s fingerprint on the recovered items.

Approximately three hours after the first robbery, Ellington entered the First Federal Bank of Florida, also in Live Oak, wearing the same disguise. He again presented a demand note to a teller, and stated “Hurry up and no one will get hurt.”  Ellington escaped from the second bank with $4,105.

Bank security camera footage showed Ellington exiting the bank and walking toward a nearby business. Soon after, a witness in that business’s parking lot found a garbage bag containing Ellington’s disguise and the shirt that he had worn during both robberies. After this evidence was recovered, FDLE analysts located Ellington’s fingerprint on the garbage bag and his DNA on the disguise and shirt. In addition, a witness recalled seeing a black Dodge Charger parked at the location where the disguise for Ellington’s second robbery was recovered. When Ellington was arrested, on April 14, 2015, he was driving a black Dodge Charger.

This case was investigated by the Live Oak Police Department, the Suwanee County Sherriff’s Office, the Perry Police Department, the Florida Department of Law Enforcement, and the Federal Bureau of Investigation.  It is being prosecuted by Assistant United States Attorneys Dale R. Campion and Michael J. Coolican.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Dr. Fred Joseph Turner (57, Sarasota) and Rosetta Valerie Cannata (58, Osprey) with conspiracy to unlawfully bring an alien into the United States, conspiracy to distribute and dispense hydromorphone and OxyContin not in the usual course of professional practice, and distributing and dispensing hydromorphone and OxyContin not in the usual course of professional practice. If convicted, they each face a maximum penalty of 10 years in federal prison on the alien charge and up to 20 years in federal prison on each of the other charges. The indictment also notifies Turner that the United States intends to forfeit his license to practice medicine.

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

This case was investigated by the Drug Enforcement Administration, the Largo Police Department, the Charlotte County Sheriff’s Office, the Sarasota County Sheriff’s Office, the Tampa Police Department, and the Florida Department of Health. It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Shavon Tavin Anderson (22, Nassau County) to five years in federal prison for distributing cocaine and possessing a firearm as a convicted felon. He pleaded guilty on April 15, 2015.

According to court documents, on February 6, 2015, Anderson met with an undercover (UC) Nassau County Sheriff’s Office detective. The UC was part of a DEA Drug Task Force operation. During the meeting, Anderson sold the UC cocaine and marijuana. During a follow-up meeting the next week, Anderson again sold cocaine to the UC.

On March 5, 2015, Anderson met with the UC for a prearranged drug sale. Anderson was supposed to provide the UC with half a kilogram of powder cocaine in exchange for $24,000. At the meeting, Anderson provided the UC with a smaller amount of powder than was previously discussed, but the UC agreed to purchase it anyway.  The powder was later determined to be fake cocaine. When agents moved to arrest Anderson, he exited the UC’s vehicle and began running. As he fled, agents observed that Anderson had his hand on a firearm (Hi-Point pistol) that was tucked in his waistband. Anderson was apprehended and the loaded firearm was recovered. At the time of his arrest, Anderson had multiple prior felony convictions and was prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Nassau County Sheriff’s Office and the DEA Drug Task Force. It was prosecuted by Assistant United States Attorney Kevin C. Frein.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Asahn Brightman (24, Jacksonville) to seven years in federal prison for distribution of cocaine, being a felon in possession of a firearm, and possessing a firearm in furtherance of a drug trafficking crime. He pleaded guilty on April 21, 2015.

According to court documents, Brightman sold cocaine to an undercover Jacksonville Sheriff’s Office detective on three occasions between July 20, 2014, and September 10, 2014.  During Brightman’s arrest on the latter date, a firearm was recovered from the center console of his car.  Because of his prior felony convictions for robbery and aggravated assault, Brightman was prohibited from possessing a firearm or ammunition under federal law.

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

This is another case 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 Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline Strategy on reducing violent crime in communities.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Brian Newton (57, Port Orange) and Victoria Snow (55, Clearwater) guilty of 1 count of conspiracy, 13 counts of mail fraud, and 11 counts of wire fraud. Each faces a maximum penalty of 20 years in federal prison for each count.  Sentencing has been set for October 9, 2015.

Newton and Snow were charged by indictment on April 2, 2014.

According to the evidence presented at trial, Newton and Snow worked on behalf of Dataforce International, Inc. Beginning in 2003, Dataforce had a contract to “factor” its invoices at Amerifactors Financial Group. “Factoring” is a financial transaction in which a business sells its accounts receivables, such as invoices, to a third party (called a factor) at a discount. Accounts receivable are created when a business performs services or sells goods to a client. The factor provides financing to the seller of the invoice in the form of an advance. Once an invoice has been factored by a business, the business will typically arrange to have the client pay the third party factor directly.

In 2003, Newton and a business partner established a factor by the name of Prestige Funding. To fund its factoring, Prestige Funding solicited investors. In total, the company raised over $8 million from over 50 investors to be used to factor invoices.

As part of their scheme, Newton and Snow submitted a series of invoices for factoring to Amerifactors that were inflated and that did not reflect work that had been performed by Dataforce. In addition, the two engaged in “double factoring,” which involved submitting the same Dataforce invoices for factoring to both Amerifactors and Prestige Funding. By executing this scheme, Newton and Snow were able to defraud Amerifactors, Prestige Funding, and the investors of Prestige Funding out of over $6 million. Of that amount, Newton diverted over $3 million into his personal bank account.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.

Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Andre Eugene Favreau (30, Temple Terrace) with receipt of child pornography. If convicted, he faces a maximum penalty of 20 years in federal prison.

According to the indictment, Favreau downloaded child pornography onto his desktop computer between December 3, 2014, and May 14, 2015.

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

This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Jennifer L. Peresie.

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

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Dwayne Fitzgerald Jackson, Jr. (23, Tampa) has pleaded guilty to seven counts of commercial robbery and one count of carrying a firearm in furtherance of a crime of violence. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.

According to the plea agreement, between June 4, 2014, and continuing until July 30, 2014, Jackson robbed seven commercial businesses, including Xtreme Adult Book and Video Store, Adult World Supercenter Store, and X-mart Adult Supercenter. He was arrested on July 30, 2015, after robbing Xtreme Adult Book and Video Store for the second time. During each robbery, Jackson brandished a firearm.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tampa Police Department and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons.

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 Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violence in our communities.

Fort Myers, Florida – U.S. District Judge John E. Steele has sentenced Kevin Charles Kaszynski to 5 years and 10 months in federal prison for possession of child pornography. He pleaded guilty on January 27, 2015.

According to court documents, from at least April 2009, through on or about July 8, 2013, Kaszynski knowingly possessed child pornography. On September 5, 2013, agents obtained a search warrant for his external hard drive and a subsequent forensic analysis of the drive revealed over 7,000 images and over 400 videos of child pornography. The images were sent to the National Center for Missing and Exploited Children, where it was determined that this external hard drive contained many images of real children, and that the images had been produced throughout the United States and other countries.

Furthermore, on January 27, 2014, agents obtained a search warrant for Kaszynski’s E-Machine computer. A subsequent forensic examination of that computer revealed approximately 300 images and 15 videos depicting child pornography.

“HSI will continue investigating child exploitation cases in all its forms,” said Susan L. McCormick, special agent in charge of HSI Tampa. “Our special agents will continue to identify, apprehend and prosecute those who think they can abuse our children and get away with it.”

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from the Fort Myers Police Department. It is being prosecuted by Assistant United States Attorney Yolande G. Viacava.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Tammie Lynn Cline (33, Leominster, MA) has pleaded guilty to conspiracy to commit mail fraud and wire fraud for her role in the operation of a boiler room. She faces up to 20 years in federal prison. Sentencing has been set for October 9, 2015.

Cline and Mark Gardner (28, Osteen, Florida) were indicted on January 28, 2015.

According to court documents, Gardner and Cline operated a boiler room in Central Florida. Along with the telemarketers who worked at their call center, they would make unsolicited calls to owners of timeshare properties located throughout the United States. During those calls, they claimed that they worked for Universal Timeshare Sales Associates (UTSA) out of Beaverton, Oregon, that UTSA had a purchaser who was interested in buying a timeshare, and that the timeshare owner just needed to pay a fee between $1,600 and $2,200 for the sale to proceed.

In order to convince timeshare owners to pay the fee, Gardner, Cline, and their telemarketers would sometimes claim that an interested purchaser was present in the showroom ready to buy a timeshare, that a buyer had already deposited money into an escrow account for the sale, or that the sale would take place in about 90 days. Those representations were false. The timeshares were not sold as had been promised, and members of the conspiracy would deny or ignore requests for refunds, and would dispute chargebacks with the credit card companies.

In total, victims lost approximately $1.6 million due to the operation of the telemarketing call center.

In May 2013, the Federal Trade Commission and the Florida Attorney General’s Office filed a civil action against Gardner, Cline, and others in federal court. In June 2014, the district court entered a permanent injunction against them related to certain telemarketing practices.

Gardner is set for trial in September 2015. 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. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.

Tampa, FL – U.S. District Judge James D. Whittemore has sentenced Tina Oleszczuk (45, New Port Richey) to 18 months in federal prison for trafficking in counterfeit cosmetics. As part of her sentence, the Court also entered a money judgment in the amount of $944,839.75, the proceeds of her criminal conduct. She pleaded guilty on September 25, 2014.

According to court documents, from March 2012 to March 2014, Oleszczuk, through her company Cozmetic Delights, LLC, sold more than $1 million worth of counterfeit Make-up Art Cosmetics, Inc. (“MAC”) cosmetics. Operating out of her residence in New Port Richey, Oleszczuk purchased and had bulk quantities of counterfeit MAC cosmetics delivered from a source in China. Oleszczuk then sold the counterfeit cosmetics as legitimate goods at significantly higher prices. She sold them to purchasers across the country via a website for Cozmetic Delights, via E-Bay, and directly to certain wholesale customers.

"Counterfeiting undermines the U.S. economy, robs Americans of jobs, stifles American innovation, and promotes other types of crime,” said Susan L. McCormick, special agent in charge of HSI Tampa.  “The only ones who benefit from schemes like this are the counterfeiters themselves, and they are benefiting at America's expense."

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorneys Matthew Jackson and Mark Bini.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Jaime Tovar-Montoya to three years and three months in federal prison for falsely claiming to be a U.S. citizen and aggravated identity theft.  A federal jury found him guilty of the charges on April 22, 2015.

According to court documents, in 2010, Tovar, a citizen of Colombia, applied for and received a Florida Identification Card. In his application, he claimed that he was a U.S. citizen and used the name and birth certificate of a resident of Puerto Rico. Later that year, Tover used the identification card as proof of identity to apply for a U.S. passport. He again claimed to be a U.S. citizen and used the same name, birth date, and Social Security of the resident of Puerto Rico.

Under federal law, a person who uses a means of identification of another person without lawful authority in order to commit another felony offense is guilty of aggravated identity theft, which carries a mandatory two year sentence in addition to any other sentence received.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Jose Angel Cerillo (41, Brownsville, Texas) and Maria Zacharias (59, Chalmette, Louisiana) with conspiracy to possess with intent to distribute one kilogram or more of heroin. If convicted, they each face a minimum of 10 years, up to life, in federal prison.

According to the complaint, Cerillo and Zacharias agreed to possess with the intent to distribute one kilogram or more of heroin. At the time of their arrests, they were in possession of approximately 2.5 kilograms of the drug, which had an estimated street value of one million dollars.

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

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Matthew Perry.

Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Ronika Paris to three years in federal prison for wire fraud, aggravated identity fraud, and making false and fraudulent statements to the U.S. Department of Housing and Urban Development (HUD). The Court also entered a money judgment against her in the amount of $17,979, the proceeds of the fraudulent tax refunds, and ordered her to pay $70,873 in restitution to the Internal Revenue Service.

Paris pleaded guilty on April 14, 2015.

According to court documents, Paris obtained and used the stolen personal identifying information of more than 60 individuals to file false tax returns and open pre-paid debit cards. From May 2013 through September 2013, Paris filed false tax returns claiming approximately $446,554 in refunds. Many of the victims were elderly and lived out of state. In February 2013, Paris made false and fraudulent statements to HUD and the Tampa Housing Authority on her subsidized housing disclosure forms.

This case was investigated by the Hillsborough County Sheriff’s Office, the Internal Revenue Service – Criminal Investigation, the U.S. Department of Housing and Urban Development, and the Tampa Housing Authority. It was prosecuted by Assistant United States Attorney Megan Kistler and former Assistant United States Attorney Matthew Mueller.

Orlando, FL – U.S. District Judge Carlos E. Mendoza today sentenced Joseph Michael Price (30, Orlando) to nine years and nine months in federal prison for aiding and abetting the robbery of a retail store, and aiding and abetting the use and carrying of a firearm during and in relation to that robbery. He was also ordered to serve a three-year term of supervision following his prison sentence.  

Price pleaded guilty on March 13, 2015.

According to court documents, on the morning of January 30, 2014, Price and co-conspirator Darin Leon Givens robbed the CVS store located at 7655 West Colonial Drive in Orlando, Florida. Price and Givens approached the store wearing masks, where Givens accosted a CVS employee outside the store, grabbed her shoulder, and told her to come with him. The CVS employee took Givens to the store’s office where Price was waiting, banging on the office door, trying to get inside. Once another CVS employee opened the office door, Price and Givens rushed inside and ordered the employees to fill a bag with money. The robbers then fled with approximately $4,000.

Price and Givens also robbed the same CVS store on January 20, 2014, stealing approximately $2,400.

On August 18, 2014, U.S. District Judge Roy B. Dalton, Jr. sentenced Givens to nine years in federal prison, followed by three years supervised release, for his participation in an unrelated commercial armed robbery.    

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

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Brandon Maurice Long (24, Orlando) to 10 years and 10 months in federal prison for the robbery of a convenience store, and brandishing a firearm during and in relation to that robbery.  The Court also ordered him to forfeit the firearms and ammunition involved in the robbery.  Long pleaded guilty on April 28, 2015.

According to court documents, on the night of December 28, 2014, Long and co-defendant Dontreaun Tremayne Alexander robbed the Circle K located at 7530 Forest City Road in Orlando, Florida. Long and Alexander entered the store with their faces covered and demanded that the store cashier open the safe. Both men were carrying guns. When the cashier was unable to open the safe, Alexander threatened to shoot her.  The robbery was recorded by store video and audio surveillance. Long was apprehended at the scene and Alexander fled.

The case against Alexander is currently pending.

This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Vincent S. Chiu and Kara M. Wick.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Colin Knight (54, Kissimmee) yesterday pleaded guilty to dealing in firearms without a license.  He faces a maximum penalty of five years in federal prison. Knight has also agreed to forfeit 32 firearms that he possessed or acquired during the commission of the offense.  A sentencing date has not been set.

According to the plea agreement, between June 23, 2013, and August 22, 2014, Knight and his adult son, Colin Campbell Joseph Knight, collectively sold 113 firearms and made approximately $63,137 from these firearms sales. During this period, neither Knight nor his son had a Federal Firearms License (FFL) authorizing them to lawfully engage in the business of dealing in firearms. In April of 2014, law enforcement agents visited the Knights at their home in Kissimmee and informed them that their firearms activity appeared to be in violation of federal law. The Knights also signed written notices advising them to cease and desist in the business of dealing in firearms until they obtained the appropriate FFL. Despite these warnings, the Knights continued selling firearms without a license to others, including to an individual that had previously been convicted of a felony.

On August 22, 2014, in a parking lot in Orlando, an undercover agent purchased three firearms from Knight. On this same date, other agents executed a federal search warrant at Knight’s Kissimmee residence and recovered 26 different firearms, along with records and bills of sale confirming that the Knights were engaging in the ongoing sale of firearms without licenses. Knight also admitted to agents that he and his son had acted as partners by purchasing firearms and selling them. 

On June 24, 2015, Knight’s son was indicted by a federal grand jury and charged with dealing in firearms without a license and selling a firearm to a convicted felon. He was arraigned in federal court on June 25, 2015. An indictment is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.

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 Regina Lombardo, 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 another example of ATF’s Frontline Strategy to impact violent crime within our communities.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Glenn (64) and Kathryn (63) Jasen, both of Spring Hill, with wire fraud, a federal felony. If convicted, they each face a maximum of 20 years in prison.

According to the indictment, the Jasens owned a home in Spring Hill, Florida.  They detected a sinkhole on the property and made a sinkhole claim to their insurer, Citizens Insurance. Instead of repairing the sinkhole with the funds received from the insurer, the Jasens accepted the insurer’s check and deposited it into a bank account. Thereafter, the Jasens put the home up for sale. In the real estate disclosures given to the purchaser of the house, the Jasens lied about the existence of the sinkhole, and the fact that they had previously made a sinkhole claim on the property.

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.

“The Florida Department of Law Enforcement is committed to investigating financial crimes that personally impact the citizens of the State of Florida. We will continue to work with the prosecutorial team to bring these criminals to justice,” said Special Agent in Charge Rick Ramirez, Tampa Bay Regional Operations Center.

This case was investigated by the Florida Department of Law Enforcement. It will be prosecuted by Assistant United States Attorney Thomas N. Palermo.

Ocala, Florida – United States Attorney A. Lee Bentley, III, announces the return of an indictment charging Robert Lawrence Brown (32, Clermont) with acceptance of a bribe by a public official. If convicted, he faces a maximum penalty of 15 years in federal prison. The indictment also notifies Brown that the United States intends to forfeit $7,100, which is alleged to be traceable as proceeds of the offense.       

According to court documents, beginning in January 2015, Brown allegedly used his position as a corrections officer at the Coleman Federal Correctional Complex to smuggle contraband to inmates in exchange for illegal monetary payments. On June 18, 2015, federal agents monitored a meeting between Brown and a cooperating witness.  During the meeting, Brown accepted a $2,600 bribe for illegal items that he already had smuggled into the prison. When confronted by investigators, Brown admitted that he had illegally negotiated $7,100 in cash payments in return for smuggling cellular telephones, prescription pills, tobacco, and other items to federal inmates over the previous six months.

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

This case was investigated by the Department of Justice Office of the Inspector General and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Ocala, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging David Wayne Willmott, Jr. (24, Inverness) with the three counts of making threats to use an explosive device. If convicted, he faces a maximum penalty of 10 years in federal prison for each count.            

According to court documents, on three separate dates (November 25, 2014, April 17, 2015, and April 23, 2015), bomb threatening e-mails were sent over the Internet regarding businesses and government facilities in Central Florida. The locations targeted in the e-mails included the Crystal River Nuclear Power Plant, an elementary school, a sheriff’s office, two courthouses, and two airports. Investigators determined that these e-mails had been sent from a computer located at a public library in Inverness, Florida.  A subsequent investigation revealed that Willmott had been the person using the library computer at the time each of the threatening e-mails was sent.

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

This case was investigated by the Federal Bureau of Investigation, the Citrus County Sheriff’s Office, the Florida Department of Law Enforcement, and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Jacksonville, Florida – U.S. Attorney A. Lee Bentley, III announces that the United States has settled allegations that a Jacksonville-based compounding pharmacy knowingly billed the government for improper and medically unnecessary compounding pain prescriptions. The allegations resolved included liability under the False Claims Act (FCA).

The government has reached a settlement with the defendant, Blanding Health Mart Pharmacy (“Blanding”).  In reaching this settlement, the parties resolved allegations that, from February 9, 2015, to April 13, 2015, Blanding sought reimbursement for compounding pharmaceutical prescriptions that were not medically necessary and were written by physicians that had never actually seen the patients.  The government agreed to accept $8,441,107 to resolve these allegations.

“This case was developed as part of a broader effort by our office to identify and target unscrupulous compounding pharmacies,” said U.S. Attorney Bentley. “Since the beginning of the year, we have been focusing on pharmacies that have abused the TRICARE program and defrauded the government.”

"This settlement highlights another step forward by the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program," said Special Agent in Charge John F. Khin, Southeast Field Office.  "Fraud and abuse by pharmacies and medical providers which bill for compounded pain prescriptions is a significant threat to the DoD health care system.  TRICARE beneficiaries must be made aware that any medications that are not individually prescribed or dispensed by a bona fide treating physician for a specific medical condition can be ineffective or unsafe."

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 $24 billion through False Claims Act cases, with more than $15.3 billion of that amount recovered in cases involving fraud against federal health care programs.

This case was investigated by the Defense Criminal Investigative Service, the Federal Bureau of Investigation, the Defense Health Agency Program Integrity Office, and Assistant United States Attorney Jason Mehta.

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

Jacksonville, Florida – Senior United States District Judge Henry Lee Adams has sentenced Thomas Bandzul to 18 months in federal prison for wire fraud. The Court also ordered him to pay restitution to the Internal Revenue Service (IRS) in the amount of $311,824, based on excessive refunds that Bandzul had claimed on behalf of taxpayer clients, as well as excessive refunds that he had claimed on his individual tax returns for 2008 and 2009.

Bandzul pleaded guilty in September 2014.

According to court records, from January 2008 through May 2011, Bandzul was a tax return preparer in Duval and St. Johns counties. He knowingly and willfully made false claims for deductions and credits on 32 tax returns on behalf of his clients, which resulted in additional IRS tax refunds. As part of a scheme to defraud, Bandzul would prepare and furnish one tax return to his taxpayer clients, but would then make separate false and fraudulent claims that he actually filed electronically with the IRS. By prearranged agreement with his clients, Bandzul was to be paid a specified fee out of the anticipated IRS refunds. In many cases, Bandzul caused the additional higher tax refunds to be paid to him without his clients’ knowledge or consent.

In addition, Bandzul also committed tax fraud on his individual federal tax returns for 2008 and 2009.

The case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Dale R. Campion.

Tampa, Florida – Senior U.S. District Judge U.S. District Court Judge Susan C. Bucklew today sentenced Shamorcus Brandan Nesbitt (28, Tampa) to 29 years in federal prison for conspiracy to interfere with commerce by robbery, interference with commerce by robbery, carrying a firearm in furtherance of a crime of violence, and being a felon in possession of firearm and ammunition. Nesbitt was found guilty by a federal jury on February 12, 2015.

According to evidence presented at trial, law enforcement identified Nesbitt and England Alexander Wilson as suspects in several commercial armed robberies in the Tampa Bay area. On May 20, 2014, Nesbitt and Wilson robbed a Little Caesar’s Pizza in Tampa, Florida. After tracking Nesbitt and Wilson’s movements, investigators recovered items used in the robbery, including clothing, gloves, and the firearm. Ultimately, both Nesbitt’s and Wilson’s DNA was found on gloves used in the robbery.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, the Hernando County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Citrus County Sheriff’s Office, the Pasco County Sheriff’s Office, and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons and Josephine W. Thomas.

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 Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to combat gun violence in communities.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Dante S. Giovannetti (50, Orlando) to five years and three months in federal prison for wire fraud.  He was also ordered to pay $663,975.61 in restitution. Giovannetti pleaded guilty on April 14, 2015.

According to court documents, Giovannetti solicited four individuals to provide him with approximately $700,000 that Giovannetti claimed would be pooled, placed into a trading account, and used to trade in E-mini S&P 500 futures contracts. To induce his investors, Giovannetti represented that he had experience in earning profits from trading S&P futures, and provided investors with statements that showed large trading profits that Giovannetti claimed to have earned. Contrary to his representations, Giovannetti did not invest the monies in S&P futures, but instead used significant portions of the investors' funds for his personal benefit. To conceal his fraud, he provided his victims with false trading statements that had been doctored to show tens of millions of dollars in fictitious profits from trading S&P 500 futures contracts and more than $53 million in cash on deposit as of July 31, 2014.

After Giovannetti failed to return their money, his investors complained to the National Futures Association, which commenced an emergency examination of one of Giovannetti’s companies on October 14, 2014.  On October 30, 2014, the U.S. Commodity Futures Trading Commission (CFTC) filed a civil action against Giovannetti and several of his entities in federal court, in Orlando.  A statutory restraining order was entered against Giovannetti and his entities freezing their assets, granting expedited discovery, and prohibiting the destruction of documents. Giovannetti failed to comply with the orders of the Court, was held in contempt, and a warrant was issued for his arrest in the CFTC civil case in November 2014. On November 21, 2014, Giovannetti was charged in a sealed criminal complaint in the Middle District of Florida (MDFL).

After his scheme was uncovered, Giovannetti fled to Canada. On January 15, 2015, he was deported back to the United States. The following day, Giovannetti made his initial appearance on the criminal complaint in federal court, in Seattle, Washington.  He was detained and returned to the MDFL by the United States Marshals Service.

This case was investigated by the Federal Bureau of Investigation and the State of Florida’s Office of Financial Regulation, with assistance from the United States Marshals Service and the U.S. Commodity Futures Trading Commission. It was prosecuted by Assistant United States Attorney Roger B. Handberg.

Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that Dorian Garcia (30, Naples) today pleaded guilty to wire fraud for operating an investment scheme involving nearly 100 victims who invested more than $7 million. Garcia faces a maximum penalty of 20 years in federal prison, and he will be required to pay restitution in the amount of $3,108,734.52, representing losses to victims as a result of his scheme. A sentencing date has not yet been set.

According to the plea agreement, between February 2009 and April 2015, Garcia solicited and received at least $7,348,620 from approximately 96 victims located throughout the United States. Of that amount, he has repaid approximately $3,990,285 to his victims. Garcia, through a number of companies that he controlled, including DG Wealth Management, persuaded individuals to invest with him. He induced these investors based on misrepresentations that he would invest their funds in a pool and would guarantee their initial investment, as well as a specific rate of return over a defined period of time.  In support of his representations that these investments were secured, Garcia provided investors with fake bank statements that reflected large balances. The true account balances were a fraction of the amounts claimed, and were insufficient to support the guarantees that he had promised.

Garcia invested only a small portion of the funds he received. After investors gave him money, he would send them false trading statements that reflected false earned trading profits. Garcia used a greater portion of the investors’ funds to repay other investors. He also used a significant portion of the funds for personal and business expenses, including artwork, rent, luxury car payments, domestic help (including a personal chef), jewelry, and dinner parties.

When investors began asking for their money back, Garcia provided a series of misrepresentations as to why he could not return their money, often insisting that they sign new agreements falsely appearing to convert their investments into loans. In addition, Garcia encouraged investors to mislead others, including investigators, about the true nature of their investments with him. He encouraged his investors to falsely claim that they had made a loan to his companies when, in fact, they had provided Garcia money to invest on their behalf.

Pursuant to the plea agreement, Garcia will forfeit to the United States five pieces of artwork that were purchased with fraud proceeds.  In addition, he will also forfeit a $10,000 retainer that he paid to a law firm using fraud proceeds and will be liable for a forfeiture money judgment in the amount of the proceeds he obtained from the offense.

This case was investigated by the Federal Bureau of Investigation, with assistance from the Commodities Futures Trading Commission and the State of Florida, Office of Financial Regulation. It is being prosecuted by Assistant United States Attorney David G. Lazarus.

Tampa, FL – U.S. District Judge Mary S. Scriven has sentenced Luciano Angrilli (39) to nine years in federal prison for conspiracy to possess with the intent to distribute five kilograms or more of cocaine. He pleaded guilty to the charges on December 22, 2006, and subsequently fled the United States to Italy.

According to court documents, Angrilli met with a DEA confidential source for the purpose of purchasing 10 kilograms of cocaine.  Angrilli negotiated the purchase and delivery of the cocaine. He also facilitated the laundering of the monetary proceeds received by the confidential source.

Subsequent to his arrest, Angrilli was released on bond conditions.  After pleading guilty to the conspiracy charge, he fled the United States to Italy. In March 2014, Angrilli was arrested in the Netherlands by Royal Military Police.  He had in his possession fraudulent identification documents and was using a false identity.

This case was investigated by the Drug Enforcement Administration.  It was prosecuted by Assistant United States Attorneys James A. Muench and Stacie B. Harris.

Tampa, FL – United States District Judge Mary S. Scriven today sentenced Lisvet Martinez (42, Tampa) to two years in federal prison for health care fraud. The Court also entered a forfeiture money judgment of $124,676.25, along with a restitution order in the amount of $224,715.09. Martinez pleaded guilty on February 25, 2015.

According to court documents, Martinez operated Lissmart Medical Supply and Lissmart Pharmacy. She fraudulently billed Medicare and Medicaid for enteral nutrition services and supplies for beneficiaries who are not intubated and, therefore, not qualified to receive these services. Instead, Martinez provided oral nutrition products, like Boost, that are normally available at retail locations. She billed Medicare and Medicaid by submitting false documentation that these services were medically necessary and that  she had the medical documentation of their intubated condition, when she did not.

In addition, Martinez fraudulently billed Medicare Part D and Medicaid for prescriptions that had not been prescribed by a physician, were not medically necessary, and had not been supplied to Lissmart Pharmacy.

This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Florida Attorney General’s Medicaid Fraud Control Unit. It was prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.

Tampa, FL – U.S. Attorney A. Lee Bentley, III announces that the U.S. District Court has reversed a series of orders entered by the local bankruptcy court that had impeded efforts by the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), to terminate a skilled nursing facility from the Medicare programs.  In its appeals from those orders, the United States argued that the bankruptcy court lacked the judicial power to enjoin the administrative authority of CMS over who may participate in Medicare.  The district court adopted that argument in full and, in doing so, cleared the way for the administrative termination of the facility from the federally subsidized health program.

Bayou Shores SNF, LLC (Bayou Shores), provides services to patients with serious psychiatric conditions at its Rehabilitation Center of St. Petersburg.  The facility had operated under Medicare and Medicaid provider agreements until surveys by the Florida Agency for Health Care Administration (AHCA) found that conditions at the facility constituted immediate jeopardy to the patients’ health and safety. CMS acted on these findings by sending a letter to Bayou Shores advising that the facility would be terminated from Medicare effective August 3, 2014. Under federal law, a state is required to terminate its Medicaid provider agreement when CMS terminates a provider from Medicare.

On August 1, 2014, Bayou Shores filed suit in district court and sought a temporary restraining order (TRO) preventing CMS from terminating the provider agreements.  Bayou Shores sought and received a TRO enjoining the termination.  On August 15, 2014, and at the request of the United States, the district court vacated the TRO and dismissed Bayou Shores’ complaint, finding that it had no power to grant relief before Bayou Shores had fully pursued the administrative appeal process established to resolve challenges to CMS termination decisions.

Immediately after the district court entered its order dissolving the TRO, Bayou Shores filed a voluntary Chapter 11 bankruptcy petition with the bankruptcy court.  Bayou Shores requested the same relief from the bankruptcy court that had been denied by the district court, and sought an emergency order enjoining the termination decision by CMS.  The bankruptcy court entered the injunction, finding that the Bankruptcy Code authorized it to do so.  The bankruptcy court later found that Bayou Shores’ provider agreements were executory contracts that could be assumed in bankruptcy and confirmed Bayou Shores’ plan of reorganization with an order that required assumption of the provider agreements that CMS had terminated.

The United States appealed these bankruptcy court orders to the district court. The district court found that “the Bankruptcy Court was without jurisdiction to interpose itself in the [administrative] process [of CMS], including entering an injunction to enjoin the provider agreements’ termination.”

The United States was represented in all the above cases by Assistant United States Attorneys Sean Flynn and Christopher Emden.

Bayou Shores SNF LLC v. Burwell, et al.

Case no. 8:14cv1849-T-33MAP (M.D. Fla.)

In re: Bayou Shores SNF LLC,

Case no. 8:14cv2816-T-30 (M.D. Fla.) 

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Jesus Casteyano, a/k/a Jesus Castellano, a/k/a Jesus Castellano-Andrade (53, Bradenton), with conspiracy to possess with the intent to distribute and distribution of 500 grams or more of methamphetamine. If convicted, he faces a mandatory minimum penalty of 10 years, up to life, in federal prison. Casteyano made his initial appearance in federal court yesterday and was detained pending trial.

According to the complaint, Casteyano and others agreed to distribute and distributed 500 grams or more of a mixture containing a detectable amount of methamphetamine that was contained in and packaged as retail candy. (Criminal Complaint Exhibit A)

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 Drug Enforcement Administration, the Federal Bureau of Investigation, and the Manatee County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Matthew Perry.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Brian C. Weiler (56, Melbourne) to eight years and one month in federal prison for conspiracy to distribute and dispense oxycodone not in the usual course of professional practice.  The Court also ordered him to forfeit his Florida pharmacist license and imposed a forfeiture money judgment in the amount of $274,400.

Weiler was found guilty by a federal jury on December 12, 2014.

According to evidence presented at trial, from February 2010 through May 2011, Weiler worked at two Tampa pharmacies, VIP Pharmacy on Martin Luther King, Jr. Boulevard; and New Tampa Pharmacy on Waters Avenue. During that time, he filled hundreds of prescriptions for very large doses of oxycodone. The recipients included drug addicts and members of doctor shopping organizations who traveled from Ohio, Kentucky, and Tennessee. Owners and operators of the VIP Pharmacy and New Tampa Pharmacy have previously been convicted of federal conspiracy charges. 

This case was investigated by a joint task force including the Drug Enforcement Administration, the Pasco County Sheriff's Office, and the Temple Terrace Police Department. It was prosecuted by Assistant United States Attorney Maria Chapa Lopez.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Ellariy Medvednik (48, Oviedo), Natalia Dontsova (49, Oviedo), Adrian Salari (44, Orlando), and Clarence Davis (76, Winter Garden) with conspiracy to aid and abet the unlawful production of Florida driver licenses and commercial driver licenses (“CDLs”).  If convicted on all counts, each defendant faces a maximum penalty of 30 years in federal prison.

According to the indictment, Medvednik, Dontsova, and Salari were affiliated with Larex, Inc., a commercial truck driving school.  Larex marketed itself to Russian speakers online. Individuals residing out-of-state seeking Florida CDLs would contact Medvednik to arrange for Larex’s services at the cost of approximately $2,000.  Those individuals would then travel to Florida to obtain their CDLs with the intention of returning to their home states immediately afterward.  However, to obtain a Florida CDL, an individual must first possess a Florida driver license. The State of Florida restricts its driver licenses and CDLs to Florida residents.  Medvednik, Dontsova, and Salari conspired to provide false documentation that the individuals resided with them, so that the individuals could obtain Florida driver licenses.

After providing the false residency certifications, Larex assisted the students with the additional requirements for obtaining a CDL.  First, Dontsova, using covert communication equipment, provided answers to the students during the written portion of the CDL exam, the successful completion of which led to the issuance of a commercial learner’s permit.  Second, Larex hired Davis, a third-party tester authorized by the State of Florida, to administer vehicle inspection tests, basic control skills tests, and road tests.  Davis routinely passed and certified students who should have failed based on their test performance.  As a result of Davis’s certifications, the individuals were able to obtain Florida CDLs.  In return, Davis received from Medvednik approximately $75 per student above his posted rate.  At least 600 individuals have been identified as utilizing Larex’s services with Davis as the third-party tester.

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

This case was investigated by the U.S. Department of Transportation’s Office of Inspector General, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Florida Highway Patrol.  It will be prosecuted by Assistant United States Attorney Embry J. Kidd.

Tampa, FL – U.S. District Judge James D. Whittemore today sentenced Guy R. Paul to three years in federal prison for engaging in the preparation of false tax returns and for failing to report income he had earned from his tax preparation business. The Court ordered him to pay restitution in the amount of $217,246 to the Internal Revenue Service. He is also permanently barred from preparing tax returns for others.

Paul was indicted on December 28, 2013, and pleaded guilty on April 14, 2015.

According to court documents, between 2008 and April 2013, Paul owned and operated G7 Financial Enterprises, a tax preparation company located in Bradenton. The company also provided additional services, including check cashing, money transfers, and real estate sales. At G7, Paul prepared and filed false and fraudulent tax returns for others. He added false information to his client’s tax returns in order to fraudulently increase the amount of the tax refund. In exchange for his tax preparation services, he charged and collected tax preparation fees. Paul then failed to report the income he had earned on his personal tax returns.

This case was investigated by the Internal Revenue Service – Criminal Investigation and the Palmetto Police Department. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.

Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Eneshia Carlyle to 11 years and 6 months in federal prison for wire fraud and aggravated identity theft.  As part of her sentence, the court also entered a forfeiture money judgment in the amount of $1,820,759 and an order of restitution in the same amount. Carlyle pleaded guilty on November 26, 2014.

According to court documents, Carlyle conspired with others to use the stolen personal identifying information of more than 7,000 individuals to file false tax returns and open pre-paid debit cards. From an unknown date in 2011, and continuing through November 2013, Carlyle, her husband James Cobb, and others, filed false tax returns claiming approximately $5 million in refunds.

During the execution of a search warrant at the home of Carlyle and Cobb, law enforcement officers recovered lists and medical records containing the names, dates of birth, and Social Security numbers of more than 7,000 victims. The search also recovered more than 300 pre-paid debit cards opened in the names of those victims, as well as documents and computer files containing information on the filing of false tax returns. Many of the victims had their identities stolen from healthcare facilities, including from the James A. Haley VA hospital; the Florida Hospital (formerly known as University Community Hospital); ambulance services in Virginia, Georgia, and Texas; a local medical billing company; and court records. In addition, a number of deceased victims’ names were obtained from genealogy websites.

James Cobb previously pleaded guilty for his role in this scheme.  On June 19, 2015, he was sentenced to 27 years in federal prison.

This case was investigated by the Tampa Police Department, the Internal Revenue Service - Criminal Investigation, the U.S. Department of Veterans Affairs - Office of Inspector General, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the members of the Tampa Bay Identity Theft Alliance, including the Hillsborough County Sheriff’s Office.  This case was prosecuted by Assistant United States Attorney Thomas N. Palermo and U.S. Department of Justice Trial Attorney Timothy P. Loper of the Criminal Division’s Fraud Section.

Tampa, FL – United States Attorney A. Lee Bentley, III announces that Juliet Ellis (45, Tampa) today pleaded guilty to one count of wire fraud in connection with embezzling funds from a local church. She faces a maximum penalty of 20 years in federal prison. As part of the agreement, Ellis has agreed to pay restitution to the church in the total amount of $82,838.00. Her sentencing date has not yet been set.

According to the plea agreement, Ellis began working as a financial secretary at Palma Ceia United Methodist Church in February 2007. She was later promoted to business manager.  In that capacity, Ellis was responsible for preparing the payroll for the church’s employees and administering the employee’s health and short-term disability insurance benefits programs. In performing these duties, Ellis manipulated the church’s payroll by falsely increasing the amount directly deposited to her account for her paycheck, and by failing to deduct her own health and disability insurance co-payments. She also failed to fully pay her child’s tuition at the church’s day school.     

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.

Ocala, Florida – United States Attorney A. Lee Bentley, III announces that Jenifer E. Hoffman (38, Clermont) has pleaded guilty to conspiracy to commit wire fraud and to making a false tax return.  She faces up to 20 years in federal prison for the conspiracy charge and up to 3 years in federal prison for the false tax return charge.  Hoffman has also agreed to pay more than $11.6 million in restitution to her victims.  A sentencing date has not yet been set.

According to court documents, Hoffman and her two conspirators, John C. Boschert (43, Apopka) and Bryan T. Zuzga (37, Coldwater, Michigan), defrauded over 100 victims out of more than $11 million through investments offered in connection with a company called Assured Capital Consultants.  As part of their solicitations, the conspirators represented to investors that money would be placed in a Performing Private Placement Investment, and that Boschert had connections to the trading program being used.  Investors were told that their investments would be safe and that none of their money would leave the attorney escrow account that belonged to Zuzga, who was represented as being an attorney licensed in Florida.  Investors were further advised that their funds would be used as collateral for a line of credit, which would then be used in trading.

None of those representations were true.  Zuzga was not an attorney licensed in Florida or any other state, and the funds were not deposited into any escrow account controlled by him.  Instead, the three operated a scheme in which money from later investors was paid to earlier investors.  They also used some of the money from the scheme for themselves, including purchasing residences for Hoffman and Zuzga.

In a prior civil proceeding, the United States forfeited two residences belonging to Hoffman and Zuzga, which had been purchased with proceeds from the scheme. The United States obtained more than $850,000 from the sale of the properties. The proceeds from those sales were distributed to the victims of the scheme.

Boschert and Zuzga previously pleaded guilty to conspiracy to commit wire fraud. On June 23, 2015, Boschert was sentenced to nine years in federal prison. Zuzga’s sentencing date has not yet been set.

This case was investigated by the Internal Revenue Service – Criminal Investigation, the United States Secret Service, and the Federal Bureau of Investigation.  It is being prosecuted by Assistant United States Attorneys Roger B. Handberg, James Mandolfo, and Nicole M. Andrejko.

Tampa, FL – U.S. District Judge Susan C. Bucklew sentenced a Miami couple today for their roles in operating a sham clinic. Gladys Fuertes (41) was sentenced to 19 years and 6 months in federal prison for engaging in a conspiracy to commit healthcare fraud, healthcare fraud, aggravated identity theft, and obstruction of a healthcare fraud investigation. Her husband and business partner, Mario Fuertes (41) was sentenced to 11 years and 3 months in federal prison for conspiracy to commit healthcare fraud, healthcare fraud, and obstruction of a healthcare fraud investigation.  The Court also ordered them to forfeit $1,036,759.72, proceeds that are traceable to the charged conduct.  The Fuerteses were convicted by a federal jury on March 24, 2015.

According to evidence presented during the seven-day trial, Gladys and Mario Fuertes established and operated a sham clinic, Gables Medical and Therapy Center, for the purpose of committing health care fraud. They employed unlicensed medical professionals and misused the Medicare billing numbers of other medical professionals, without their knowledge, in order to claim that they had rendered medical treatment to Gables patients. The Fuerteses also paid a co-conspirator to recruit Medicare beneficiaries for Gables, and to drive patients to the clinic for basic and sham medical services.

Once recruited, Gladys and Mario Fuertes urged the Gables patients to enroll in Universal’s Medicare Part C and Part D plans. They believed that Universal paid a relatively high percentage of its claims. The Fuerteses fraudulently billed Universal and caused Universal’s Medicare Part C plan to be billed for Gables patients’ supposed treatments. The treatments included expensive HIV-related treatments that patients never actually received. Gladys and Mario Fuertes also billed Universal and caused Universal to be billed for services that required a physician’s presence when no licensed physician had been present or had rendered the service.  The Fuerteses billed Universal in excess of $900,000.

The Fuerteses and their co-conspirators paid the Medicare beneficiaries, who were recruited to come to Gables for their Medicare identification numbers, to allow Gables to bill Universal for services that were never rendered. In addition, Gladys and Mario Fuertes facilitated the provision of fraudulent prescriptions for controlled substances, including oxycodone, to Gables patients. In some cases, the signatures on the prescriptions were forged. The patients who received these oxycodone prescriptions were assisted in filling them by a co-conspirator.  The co-conspirator also purchased the pills from some of the patients and sold them on the street. These prescriptions were paid for as part of the beneficiaries’ Medicare Part D benefits.

Once they learned of the federal health care fraud investigation into their actions, the Fuerteses instructed Gables patients to lie to law enforcement agents and otherwise obstruct a federal investigation into health care fraud at the clinic.  The Fuerteses also provided altered Medicare billing documentation to federal agents investigating their activities.

“Today, Gladys and Mario Fuertes found out what health care providers who defraud Medicare are finding out all over America:  if you commit health care fraud, you will be held accountable for your greed.  From billing for services never provided to selling fraudulent narcotic prescriptions to altering medical records to conceal their crimes, this couple earned their stiff prison sentences,” said Special Agent in Charge Shimon R. Richmond, U.S. Department of Health and Human Services Office of Inspector General.  “HHS OIG special agents will continue to work closely with our State and Federal law enforcement partners to protect Federal health care programs and the patients they serve.”        

This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Mandy Riedel and Kelley Howard-Allen.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 2,300 defendants who collectively have billed the Medicare program for over $7 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.stopmedicarefraud.gov.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Jacksonville residents Mark Laurence Barlaan (35), Winnie Rabaya Barlaan (64), Mary Helen Amaba Barlaan (32), and Peter Laforteza Barlaan (62) with marriage fraud, immigration document fraud, lying to a federal agency, and conspiracy to commit those crimes.  The indictment also charges Mary Baarlan with fraudulently obtaining U.S. citizenship.  If convicted on all counts, each faces a maximum penalty of 15 to 25 years in federal prison.

According to the indictment, each of the four charged individuals was born in the Philippines.  Winnie Barlaan and Peter Barlaan later became naturalized U.S. citizens.  Mary Barlaan entered the United States with a temporary visitor’s visa in November 2007, and Mark Barlaan entered the country with a temporary work visa in December 2008.

Mark Barlaan is Peter Barlaan’s son.  Before Mark and Mary Barlaan came to the United States, they were in a romantic relationship with each other, and that relationship continued after they came to the United States.

On September 9, 2009, the day after Peter Barlaan became a U.S. citizen, he married Mary Barlaan, his son’s girlfriend.  On October 25, 2011, Mark Barlaan and Winnie Barlaan were married.  The indictment alleges that the defendants entered into these marriages for the purpose of fraudulently obtaining legal permanent residence and citizenship for Mark and Mary Barlaan.  The indictment further alleges that Peter Barlaan paid Winnie Barlaan several thousand dollars in exchange for her marrying Mark Barlaan and cooperating in the immigration proceedings.

Under U.S. immigration law, aliens married to U.S. citizens are given priority in the granting of immigration benefits.  By marrying U.S. citizens, Mark and Mary Barlaan could obtain these benefits faster and without meeting the requirements applicable to persons who are not married to U.S. citizens.

The indictment alleges that the individuals made false statements on documents submitted to immigration authorities in an attempt to conceal the fact that they had committed marriage fraud, and that false statements were made in interviews and during other encounters with immigration officers.

On June 5, 2013, Mary Barlaan became a naturalized citizen of the United States.  The indictment provides notice that upon a conviction for obtaining naturalization by fraud, Mary Barlaan’s citizenship will be revoked.

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

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Citizenship and Immigration Services.  It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

AUSA Rachelle DesVaux Bedke (center) accepts Top Prosecutor Award from WIFLE Foundation, Inc.

WIFLE Foundation President Catherine W. Sanz (left) and Vice President Sheree Mixell presented the award.

TAMPA, FL – Assistant United States Attorney Rachelle DesVaux Bedke was presented with the Top Prosecutor Award by the Women in Federal Law Enforcement (WIFLE) Foundation earlier this month at a ceremony in Tampa.

Ms. DesVaux Bedke received the award in recognition of her outstanding case-handling and exceptional written and oral advocacy on behalf of the United States in two related cases (United States v. Paul Robert Gunter, et al. and United States v. Roger Lee Shoss, et al.) that resulted in the conviction of six individuals who had defrauded thousands of victim-investors worldwide out of more than $137 million. Ms. DesVaux Bedke was lauded for her ability to present complex and technical information about a sophisticated investment fraud and money laundering scheme to federal jurors in a clear, concise, and understandable way, and for securing the convictions of four defendants in two separate trials. She was praised for her superior work in working with law enforcement agencies and securities regulators in multiple countries, analyzing massive amounts of evidence, drafting detailed indictments, and negotiating plea agreements.

United States Attorney A. Lee Bentley, III, who attended the ceremony, said, “Ms. DesVaux Bedke is most deserving of this honor. She is without doubt one of the top federal prosecutors in the country, and her work on these cases was nothing short of amazing.”

Ms. DesVaux Bedke serves as Chief of the Criminal Division (South) of the U.S. Attorney’s Office for the Middle District of Florida. She has been an Assistant United States Attorney with the office since February 1997 and has prosecuted a multitude of offenses involving narcotics, firearms, child exploitation, bank robbery, kidnapping and, most often, frauds involving investments, taxes, mortgages, health care, federal programs, and money laundering.

In addition to Ms. DesVaux Bedke, more than 20 other women were recognized by WIFLE for their exceptional courage, outstanding accomplishments, and significant contributions that have advanced the recruitment, retention, and promotion of women in federal law enforcement. For more information about WIFLE, visit http://www.wifle.org/.

Tampa, FL – United States Attorney A. Lee Bentley, III announces the arrest of Kevin Brian Darr (50, Bradenton) for transportation, receipt, and possession of child pornography.  If convicted, he faces a maximum penalty of 20 years in federal prison.

According to the criminal complaint, an undercover law enforcement officer observed multiple child pornography files that had been posted to an Internet messaging application by Darr.  On June 25, 2015, a search warrant was executed at Darr’s residence and agents seized his cell phone. More than 100 videos depicting child pornography were found on the phone.

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

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Bradenton Police Department.  It will be prosecuted by Assistant United States Attorney Jennifer L. Peresie.

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

Ocala, Florida – Senior U.S. District Judge Wm Terrell Hodges has sentenced John C. Boschert (43, Apopka) to nine years in federal prison for conspiracy to commit wire fraud. He pleaded guilty on October 29, 2014.

According to court documents, Boschert and his two conspirators, Jenifer E. Hoffman (38, Clermont) and Bryan T. Zuzga (37, Coldwater, Michigan), defrauded over 100 victims out of more than $11 million through investments offered in connection with a company called Assured Capital Consultants.  As part of their solicitations, the conspirators represented to investors that money would be placed in a Performing Private Placement Investment, and that Boschert had connections to the trading program being used.  Investors were told that their investments would be safe and that none of their money would leave the attorney escrow account that belonged to Zuzga, who was represented as being an attorney licensed in Florida.  Investors were further advised that their funds would be used as collateral for a line of credit, which would then be used in trading.

None of those representations were true.  Zuzga was not an attorney licensed in Florida or any other state, and the funds were not deposited into any escrow account controlled by him.  Instead, the three operated a scheme in which money from later investors was paid to earlier investors.  They also used some of the money from the scheme for themselves, including purchasing residences for Hoffman and Zuzga.

In a prior civil proceeding, the United States forfeited two residences belonging to Hoffman and Zuzga, which had been purchased with proceeds from the scheme. The United States obtained more than $850,000 from the sale of the properties. The proceeds from those sales were distributed to the victims of the scheme. 

On June 18, 2015, Zuzga pleaded guilty to conspiracy to commit wire fraud.  His sentencing date has not yet been set. Hoffman has been charged with one count of conspiracy, eleven counts of wire fraud, and one count of making a false tax return. Her trial is set for July 2015. If convicted, she faces a maximum penalty of 20 years in federal prison for each count of conspiracy and wire fraud, and 3 years in federal prison for the false tax return.

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

This case was investigated by the Internal Revenue Service – Criminal Investigation, the United States Secret Service, and the Federal Bureau of Investigation.  It is being prosecuted by Assistant United States Attorneys Roger B. Handberg, James Mandolfo, and Nicole M. Andrejko.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Wilson Antonio Lopez (32, Spring Hill) has pleaded guilty to carjacking and interference with commerce by robbery. He faces a maximum penalty of 15 years in federal prison for the carjacking count and up to 20 years in prison for the robbery count. A sentencing date has not yet been set.

According to the plea agreement, on March 17, 2015, Lopez approached a woman seated in a sport utility vehicle and grabbed her by the shirt. He then threatened to shoot the woman if she did not get out of the vehicle. When the woman attempted to reach for her keys, Lopez forced her out of the SUV and drove away.

On March 26, 2015, Lopez and two armed men robbed the Nebraska Food Market of nearly $10,000. As the three robbers fled, a bystander attempted to confront them and was shot in the neck. One of the robbers then shot Lopez. Lopez was apprehended by investigators a short distance away from the store.

This case was investigated by the Federal Bureau of Investigation, the Tampa Police Department, and the Hernando County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Esthela M. Clark (46, Jacksonville) with alien smuggling, labor trafficking, and sex trafficking offenses. If convicted on all counts, she faces a maximum penalty of life in federal prison. The indictment also notifies Clark that the United States intends to forfeit two motor vehicles, which are alleged to have been used in the offenses.

According to court documents, Clark fraudulently induced a young woman from Mexico to travel illegally to the United States under the fraudulent promise and pretense that the woman would be paid to be a surrogate mother as part of a medically supervised and lawful surrogate pregnancy. After smuggling the woman into the United States, Clark began attempting various non-medical inseminations of the woman with the semen of Clark’s boyfriend and others.  Clark performed these inseminations using a household syringe on the dining room floor of her residence. Once those efforts failed, Clark forced the victim to have sex with two strangers through threats of force and coercion. Shortly after the woman had arrived in the United States, Clark isolated her and confiscated her official forms of identification.  For more than two years, Clark used force, threats of force, and also threatened abuse of the legal process to keep the woman in a perpetual state of involuntary servitude and forced labor. A concerned citizen rescued the young woman and contacted law enforcement.

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

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Jacksonville Sheriff’s Office, and the United States Border Patrol. It will be prosecuted by Assistant United States Attorney Mac D. Heavener, III.

Jacksonville, Florida – United States Senior District Judge Henry Lee Adams, Jr. has sentenced Silvester L. Bowens (49, Jacksonville) to one year and one day in federal prison for conspiracy to defraud the United States and for receiving stolen property of the United States, namely tax refunds in excess of $1,000. He was also ordered to serve a 2-year term of supervised release and to pay the Internal Revenue Service $41,989.17 in restitution. Bowens pleaded guilty on July 1, 2014.

According to court documents, between January 2009 and December 2011, while working with inmates inside a State of Florida prison as a Wellness Director, Bowens participated in a tax refund scheme in which he assisted inmates in removing fraudulently filed tax returns from inside the prison. Bowens opened bank accounts in his name to receive the refunds from the fraudulent returns. As a result of the scheme, more than 40 fraudulent tax returns were filed, directing $386,471 into accounts held by Bowens.

Bowens, along with five others, was indicted in April 2014. Each of the six individuals subsequently pleaded guilty for their respective roles in the scheme. Co-conspirators Tiffani Manning, Christopher Wyant, and Tabatha Dubois were previously sentenced. The sentencing hearings for the remaining defendants, Laura Wright and Chad R. Heins, are scheduled for August 11, 2015.

The case was investigated by the Internal Revenue Service - Criminal Investigation and the Florida Department of Corrections.  Assistant United States Attorney Kelly S. Karase is handling the prosecution of this case.

Orlando, FL – United States Attorney A. Lee Bentley, III announces that Michael Doherty (51, Texas) today pleaded guilty to the attempted sexual enticement of a minor.  He faces a mandatory minimum term of 10 years, up to life, in federal prison. A sentencing date has not yet been set.

According to court documents, on March 10, 2015, an FBI agent acting in an undercover capacity (“UC”) responded to an Internet advertisement that Doherty had posted about incestuous sexual encounters. The UC responded to the ad posing as the father of a 10-year-old girl that he was sexually abusing. Over the next several days, Doherty and the UC discussed the UC’s abuse of his “daughter.” Doherty told the UC that he wanted to watch the UC have sex with the child, and also requested naked photos of the child.

Doherty later told the UC that he traveled to Florida on business and wanted to “watch” the UC and the child. Over the course of the next several days, Doherty and the UC continued to discuss Doherty’s plans to visit. Doherty sent the UC numerous explicit pictures of himself, and he told the UC that when they met, he wanted to have sex with the 10-year-old girl.

On April 8, 2015, Doherty traveled from Miami to Lake Mary and rented a hotel room. On his way, he stopped and bought a present for the child. When Doherty left his hotel and approached the “father” with whom he had been communicating, he was arrested.

 This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.

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

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Robert Lee Craddock (54, Port Orange) pleaded guilty today to wire fraud arising out of a scheme to defraud the compensation fund established as a result of the Deepwater Horizon oil spill in 2010. He faces a maximum penalty of 20 years in federal prison. As part of the plea agreement, Craddock will forfeit the proceeds of the charged criminal conduct as a money judgment in the amount of $117,700. A sentencing date has not yet been set.

According to the plea agreement, following the April 2010 explosion of the Deepwater Horizon oil rig (which was being leased by BP, formerly known as British Petroleum), Craddock submitted a claim to BP and the Gulf Coast Claims Facility (“GCCF”), an independent facility established by BP to compensate qualified claimants for lost earnings purportedly related to the impact of the oil spill on his businesses. As part of the scheme, Craddock crafted fictitious invoices to support the amount of lost earnings that he claimed. The fraudulent scheme resulted in BP and GCCF transmitting $117,700 to Craddock.

This case was investigated by the United States Secret Service. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that John Francis Songer (45, DeBary) has pleaded guilty to theft from an employee benefit plan.  He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set. Songer was indicted on February 25, 2015.

According to court documents, Songer was the Apprenticeship Administrator and Coordinator of the Joint Apprenticeship Training Committee and Trust Fund for the Sheet Metal Workers’ Local Union No. 15. Over an almost six-year period, Songer used a credit card belonging to the Fund to make more than $50,000 in unauthorized charges. The credit card bill was paid by checks written on the Fund’s bank account. Songer’s unauthorized charges included personal expenditures for adult entertainment, restaurants, and gambling. He also incurred charges for travel-related items that the Fund was not obligated to pay. As part of his plea agreement, Songer has agreed to pay more than $50,000 in restitution to the Fund.

"This criminal action demonstrates the Employee Benefits Security Administration's resolve to vigorously enforce the law to ensure that those who steal from employee benefit plans are brought to justice," said Isabel Colon, Regional Director of EBSA's Atlanta Regional Office.

This case was investigated by the U.S. Department of Labor’s Employee Benefits Security Administration, with assistance from the United States Marshals Service. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.

Tampa, FL – U.S. District Judge Charlene Edwards Honeywell today sentenced Jonathan Patrick Gregory Peterson (33, Clearwater) to 12 years and 7 months in federal prison for receiving and distributing child pornography. The Court also ordered him to forfeit a Sony PlayStation 3, several hard drives, and two cell phones, which he used to commit the offenses. Peterson pleaded guilty on March 3, 2015.

According to court documents, from at least October 2010, through his arrest in August 2014, Peterson actively traded pornographic images of infants and toddlers through various e-mail accounts. FBI agents identified Peterson after he tried to exchange images and videos depicting child pornography with an undercover officer. When Peterson was arrested, he admitted to trading child pornography over the Internet using his cell phone and PlayStation 3 console. A forensic examination showed that Peterson possessed more than 9,000 images of child pornography on his various devices at the time of his arrest.

This case was investigated by the Federal Bureau of Investigation and the Largo Police Department. It was prosecuted by Assistant United States Attorney Josephine W. Thomas.

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

Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced James Lee Cobb, III (37, Tampa) to 27 years in federal prison, followed by 5 years of supervised release, for conspiracy to commit mail and wire fraud, wire fraud, aggravated identity theft, and for being a felon in possession of a firearm as an armed career criminal. As part of his sentence, the Court also entered a forfeiture money judgment in the amount of $1,820,759, and an order of restitution in the same amount.     Cobb pleaded guilty on December 1, 2014.

According to court documents, Cobb conspired with others to use more than 7,000 stolen names, dates of birth, and Social Security numbers to file false tax returns and open pre-paid debit cards. He also obtained “burner” phones using stolen identities. From an unknown date in 2011, and continuing November 2013, Cobb and his co-conspirators filed false tax returns claiming approximately $3 million in refunds.

During the execution of a search warrant at Cobb’s residence, law enforcement officers recovered lists and medical records containing the personal identifying information of more than 7,000 victims. Many of the victims had their identities stolen from healthcare facilities, including from the James A. Haley VA hospital; the Florida Hospital (formerly known as University Community Hospital); ambulance services in Virginia, Georgia, and Texas; a local medical billing company; and court records. In addition, a number of deceased victims’ names were obtained from genealogy websites.

Officers also found two guns in the residence – a loaded handgun and an AR-15-style rifle with a fully-loaded, 30-round magazine. At the time of this offense, Cobb was on supervised release from a prior federal conviction.

This case was investigated by the Tampa Police Department, the Internal Revenue Service - Criminal Investigation, the U.S. Department of Veterans Affairs - Office of Inspector General, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the members of the Tampa Bay Identity Theft Alliance, including the Hillsborough County Sheriff’s Office.  This case was prosecuted by Assistant United States Attorney Thomas N. Palermo and U.S Department of Justice Trial Attorney Timothy P. Loper of the Criminal Division’s Fraud Section.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Suncoast Brace & Limb, Inc. (“SCBL”), based in Bradenton, today pleaded guilty to health care fraud. The corporation faces a maximum fine of $500,000 and the payment of restitution at the time of sentencing. A sentencing date has not yet been set.

According to the plea agreement, between July 2009 and March 2012, SCBL engaged in a scheme to defraud the U.S. Department of Health & Human Services through a pattern of submitting fraudulent claims for prosthetic devices that had allegedly been provided to patients. In reality, SCBL often submitted reimbursement claims to Medicare and Medicaid for prosthetic devices that were either unnecessary or duplicative, or that were not at all compatible with the needs of the particular patient. As a consequence of these actions, SCBL received reimbursement from Medicaid and Medicare in the amount of approximately $1,493,368. Under the terms of the plea agreement, SCBL will pay restitution to the Department of Health and Human Services. In addition, SCBL and its principal owner will be excluded from participation in federal health care programs for a substantial period of time.

This case was investigated by the U.S. Department of Health & Human Services-Office of Inspector General, the Federal Bureau of Investigation, and the Florida Office of the Attorney General - Medicaid Fraud Control Unit. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

Ocala, Florida – United States Attorney A. Lee Bentley, III announces the arrest of Robert L. Brown (32, Clermont) on a criminal complaint charging him with receipt of a bribe by a public official. If convicted, he faces up to 15 years in federal prison. Brown was arrested late yesterday, and he has been released on a $25,000 bond pending resolution of the matter. Brown is employed as a corrections officer at the Coleman Federal Correctional Institution in Sumter County, Florida.

According to court documents, beginning in January 2015, Brown allegedly used his position as a corrections officer to begin accepting illegal monetary payments to smuggle contraband to inmates. On June 18, 2015, federal agents monitored a meeting between Brown and a cooperating witness. During that meeting, Brown accepted a $2,600 bribe for illegal items that he had already smuggled into the prison. When confronted by investigators, Brown admitted that he had illegally negotiated for $7,100 in cash payments, in return for smuggling cellular telephones, prescription pills, tobacco, and other items to federal inmates.

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

This case is being investigated by the U.S. Department of Justice - Office of the Inspector General, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Charvester Anthony guilty of five counts of receiving stolen government property. He faces a maximum penalty of 10 years in federal prison on each count. His sentencing hearing is scheduled for September 18, 2015. Anthony was indicted on February 13, 2014.

According to testimony presented at trial, Anthony, who owned and operated two restaurants in Tampa, also conducted a fencing operation by cashing a series of stolen U.S. Treasury income tax refund checks and subsequently depositing them into his business and personal bank accounts. Most of the refund checks were obtained by means of fraudulent income tax returns that were filed using stolen identities. All of the checks bore forged signatures.  According to the evidence presented at trial, Anthony knew that the checks were stolen when he cashed them, and consequently charged huge fees for doing so.    

This case was investigated by the Internal Revenue Service - Criminal Investigation.  It is being prosecuted by Assistant United States Attorney Bob Mosakowski.