FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
Local Man Pleads Guilty to Credit Card Fraud and Identity Theft ChargesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Dariel Sardinas Lopez (22, Tampa) today pleaded guilty to credit card fraud and identity theft. He faces a maximum penalty of 10 years in federal prison on the credit card fraud charges, followed by two years on the identity theft charges. Sardinas Lopez was indicted on February 5, 2015. His sentencing date has not yet been set.
According to the plea agreement, Sardinas Lopez produced and trafficked in counterfeit credit cards. These fraudulent credit cards were encoded with the numbers and information of victims whose credit cards had been “skimmed” by the defendant and others, after the cards had been used at local gas stations. The victims were often unaware that their information had been stolen. Sardinas Lopez sold these counterfeit credit cards and also used them to purchase merchandise for himself.
This case was investigated by the Financial Crimes Task Force, which includes the United States Secret Service, Florida Department of Law Enforcement, Hillsborough County Sheriff’s Office, and Tampa Police Department. It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Jacksonville Man Sentenced to More Than 17 Years in Federal Prison for Advertising Child PornographyRead the Press Release
Jacksonville, Florida – Senior United States District Judge Harvey E. Schlesinger has sentenced James Patrick Foreman (44, Jacksonville) to 17 years and 6 months in federal prison for advertising child pornography. Foreman was also ordered to serve a 15-year term of supervision, and to register as sex offender following his release. He pleaded guilty on December 16, 2014, and has been detained since his arrest in October 2014.
According to court documents, an FBI agent began an undercover investigation to identify individuals in northeast Florida who had access to and/or were trading images and videos depicting child pornography over the Internet. The agent determined that a computer in that area was hosting and trading images of child pornography using a peer-to-peer file sharing program. The subscriber information for this computer was traced to Foreman’s residence in Jacksonville.
On October 1, 2014, a federal search warrant was executed at Foreman’s residence. When interviewed, Foreman admitted that he had downloaded child pornography involving children of all ages, and had seen "1, 2, and 3-year-old" child pornography. He also admitted to exchanging passwords with other users, advising others as to the type of material that he was looking for, and allowing other users to browse his collection of child pornography.
Forensic analyses of Foreman’s computer revealed that it contained at least 500 videos and 1,500 images depicting child pornography, including a video depicting a toddler being sexually assaulted. Logs of online conversations between Foreman and others discussing exchanges of child pornography were also found during the search.
This case was investigated by the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Man Charged in $2.1 Million Fraud SchemeRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Andrew A. Rooks (58, Jacksonville) with two separate conspiracies to commit mail fraud and wire fraud, and ten counts of wire fraud. He faces a maximum penalty of 20 years in federal prison on each count. The indictment also notifies Rooks that the United States is seeking a money judgment in the amount of approximately $2.1 million, which represents the proceeds of the fraud.
Rooks was arrested and made his initial appearance in federal court today. He was released on bond and an arraignment has been scheduled for Monday, April 27, 2015.
According to the indictment, from 2001 until July 2011, Rooks worked for Sea Star Line, LLC, in its Jacksonville office. Sea Star transports goods by vessel in interstate and foreign commerce and has operations at the Port of Jacksonville. Rooks last served as the assistant vice president of operations. The indictment alleges that, beginning no later than November 2005, Rooks authorized the payment of phony invoices submitted on behalf of co-conspirator Keith Beavers. The invoices were for container and equipment decals that were never provided to Sea Star. The indictment further alleges that, beginning around the same time, Rooks carried on a second conspiracy. He allegedly authorized the payment of phony invoices to two companies controlled by Russell Cody. The invoices were for inspection and transportation services of Sea Star’s containers and equipment. They were false because those services were never provided by Tiburon Transportation Services or Lancer Logistics, which were the front companies controlled by Cody. Instead, the indictment alleges that Beavers and Cody made kickback payments to Rooks, and to a company controlled by Rooks. The payments were approximately 40 to 60 percent of the amount paid by Sea Star on the phony invoices.
The indictment also alleges that after Rooks was terminated by Sea Star, he got a job with another Jacksonville company, Trailer Bridge, Inc., and continued the conspiracies. Trailer Bridge paid $107,000 as a result of phony invoices.
In separate cases, Beavers and Cody previously pleaded guilty for their roles in the conspiracies, and are currently awaiting sentencing. The sentencing hearings are scheduled in July 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 Jacksonville office of the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Dale Campion.
Brevard County Man Sentenced to More Than 30 Years for Child Exploitation OffenseRead the Press Release
Orlando, Florida – Senior United States District Judge John Antoon, II has sentenced Jonathan Tyler Prive (26, West Melbourne) to 30 years and 5 months in federal prison for attempting to induce a minor to engage in illegal sexual activity using the Internet. In addition, the Court ordered him to serve a life term of supervision, and to register as a sex offender upon his release from prison. Prive pleaded guilty on August 27, 2014.
According to court documents, in September and October 2013, an undercover agent with the Brevard County Sheriff’s Office conducted an investigation into an individual identified as Michael Glenn Glascock. The undercover investigation revealed that Glascock was sexually abusing a three-year-old minor victim, producing child pornography images of the minor victim, and distributing some of these images to others. Law enforcement agents eventually arrested Glascock at his residence in Brevard County, located the minor victim, and executed a search warrant at Glascock’s residence. A forensic examination of Glascock’s electronic devices and a review of his email accounts revealed emails between Prive and Glascock. In these emails, the two discussed a prior incident where Prive had sexually abused the minor victim at Glascock’s home, while Glascock was present. After discovering these emails, the undercover agent used Glascock’s email account to initiate online communications with Prive.
On November 4, 2013, and November 5, 2013, Prive communicated with the undercover agent via the Internet and emails and arranged to meet the agent, who was posing as Glascock in these emails, for the purpose of engaging in illegal sexual activity with the minor victim for a second time. Prive agreed to meet at a residence in Brevard County, where Prive thought the minor victim would be present. Agents followed Prive as he travelled to the street where this residence was located. Before Prive arrived at the residence, agents arrested him and recovered a packet of lubricant that he had brought for his planned meeting with the minor victim.
On August 18, 2014, Glascock also pleaded guilty to producing child pornography and attempted online enticement of a minor. On February 6, 2015, Judge Antoon sentenced him to life in federal prison.
“This strong sentence lets predators know that they cannot get away with the sexual exploitation of our children.” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI will continue to relentlessly pursue these criminals to make our communities safer.”
This case was investigated by the Brevard County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Family Dermatology Pc Agrees to Pay United States More Than $3.2 Million to Settle Alleged False Claims Act ViolationsRead the Press Release
Tampa, FL – Family Dermatology P.C. which owns and operates a dermatopathology laboratory in Georgia and a number of dermatology practices throughout the Eastern United States, has agreed to pay the United States $3,247,835 plus interest to settle allegations that it violated the False Claims Act by engaging in improper financial relationships with a number of its employed physicians, the Justice Department announced today.
“The Department of Justice has had longstanding concerns about improper financial relationships between health care providers and their referral sources, because such relationships can alter a physician's judgment about the patient's true health care needs and drive up health care costs for everybody,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer of the Department’s Civil Division. “In addition to yielding a recovery for taxpayers, this settlement should deter similar conduct in the future and help make health care more affordable.”
The settlement announced today resolved allegations that financial relationships that Family Dermatology and its affiliates had with a number of their employed physicians violated the Stark Statute and the False Claims Act. The Stark Statute restricts the financial relationships that health care providers may have with doctors who refer patients to them. Family Dermatology employs a number of dermatologists as independent contractors and it has routinely required them to use Family Dermatology’s in-house pathology lab, which operated under the name Nelson Dermatopathology, for their pathology services. The government alleged that Family Dermatology’s financial relationships with a number of these physicians did not comply with the requirements of the Stark Statute, and that Family Dermatology improperly billed Medicare for dermatopathology analyses performed by Nelson Dermatopathology on specimens that were sent to the laboratory by these employed physicians.
“The defendants financed the expansion of their business across the Eastern United States with improper financial arrangements that resulted in illegal referrals and, ultimately, inflated payments from Medicare,” said Acting U.S. Attorney John Horn of the Northern District of Georgia. “We expect providers to follow the law and will pursue those who do not.”
“Physician self-referrals that violate the Stark Statute undermine medical decision making, jeopardize patient care and cost the taxpayers money,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida. “Patients need to have confidence that the advice they receive from their physicians is based on sound medical practice, not illegal financial relationships between providers. We will continue to investigate and pursue these types of violations in our district.”
“This settlement not only demonstrates the need for oversight involving such matters under the False Claims Act, but also the FBI’s commitment toward enforcing this as well as other health care fraud based violations,” said Special Agent in Charge J. Britt Johnson of the FBI’s Atlanta Field Office.
“Health care companies that make sweetheart deals with physicians to boost profits undercut both the financial integrity of Medicare and the public’s trust in the medical profession,” said Special Agent in Charge Derrick L. Jackson of the Department of Health and Human Services’ Office of Inspector General (HHS-OIG). “Our agency will continue to hold those who engage in such improper financial schemes accountable.”
The allegations settled today arose from three separate lawsuits filed by three whistleblowers, Scott M. Ross MD, Mark F. Baucom and Harold Milstein MD under the qui tam provisions of the False Claims Act. Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. The whistleblowers will collectively receive more than $584,000 from the recovery announced today.
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.
The cases, United States ex rel. Ross v. Family Dermatology of Pennsylvania, P.C., et al., Case No. 1:11-cv-2413 (N.D. Ga.); United States ex rel. Baucom v. Family Dermatology of Pennsylvania, P.C., et al., Case No. 1:11-cv-4260 (N.D. Ga.); and United States ex rel. Milstein v. Family Dermatology, P.C., et al., Case No. 1:13-cv-1027 (N.D. Ga.), were handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Offices of the Northern District of Georgia and the Middle District of Florida, and HHS-OIG.
U.S. ex rel. Milstein was originally filed in the Middle District of Florida and subsequently transferred to the Northern District of Georgia. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Clearwater Man Pleads Guilty to Theft of Government FundsRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Elliot Kahana (68, Clearwater) has pleaded guilty to theft of government funds. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to court documents, Kahana’s mother, Anne Kahana, was a recipient of Veterans Administration (VA) benefits. She died on April 28, 2009, and all rights to benefits ceased upon her death. The VA did not receive notice of her death and, until January 2011, monthly benefit payments of $1,400 continued to be directly deposited into a bank account that she had shared with her son. The total amount paid out after the death was approximately $29,400.
This case was investigated by the Veterans Administration, with assistance from the U.S. Secret Service. It is being prosecuted by Assistant United States Attorney Amanda Kaiser.
Lee County Man Sentenced for False Tax Claims and Obstructing the Internal Revenue ServiceRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Ronald Francis Croteau to 56 months in federal prison for filing false tax claims and for obstructing or impeding the administration of the Internal Revenue laws. A federal jury found him guilty on January 22, 2015.
According to testimony and evidence presented at trial, Croteau belonged to a sovereign citizen, anti-government group; claimed to be a member of the Little Shell Pembina Band of North Dakota; and deemed himself to be an ambassador of the Kingdom of Heaven. Between September 2008 and May 2010, he filed 10 false and fraudulent income tax returns claiming refunds totaling more than $3.8 million. These returns were false and fraudulent in that they claimed federal tax withholdings from fraudulent 1099-OID forms purportedly issued to Croteau by financial institutions.
After being notified by the IRS that his income tax returns were frivolous, Croteau continued to file fraudulent income tax returns. In addition, he obstructed the administration of the Internal Revenue laws by filing false liens against IRS employees, submitting fraudulent instruments to the IRS in an attempt to discharge his tax liabilities, and recording false documents with the Lee County Clerk of Court.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Treasury Inspector General for Tax Administration. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Lee County Man Sentenced for False Tax Claims and Obstructing the Internal Revenue ServiceRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Ronald Francis Croteau to 56 months in federal prison for filing false tax claims and for obstructing or impeding the administration of the Internal Revenue laws. A federal jury found him guilty on January 22, 2015.
According to testimony and evidence presented at trial, Croteau belonged to a sovereign citizen, anti-government group; claimed to be a member of the Little Shell Pembina Band of North Dakota; and deemed himself to be an ambassador of the Kingdom of Heaven. Between September 2008 and May 2010, he filed 10 false and fraudulent income tax returns claiming refunds totaling more than $3.8 million. These returns were false and fraudulent in that they claimed federal tax withholdings from fraudulent 1099-OID forms purportedly issued to Croteau by financial institutions.
After being notified by the IRS that his income tax returns were frivolous, Croteau continued to file fraudulent income tax returns. In addition, he obstructed the administration of the Internal Revenue laws by filing false liens against IRS employees, submitting fraudulent instruments to the IRS in an attempt to discharge his tax liabilities, and recording false documents with the Lee County Clerk of Court.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Treasury Inspector General for Tax Administration. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Lake Mary Man Convicted of Attempting to Entice Minors for SexRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Dennis Michael Wilkerson (40, Lake Mary) guilty of two counts of attempting to persuade, induce, and entice a minor to engage in illicit sexual conduct. He faces a mandatory minimum sentence of 10 years, up to life, in federal prison for each count. Wilkerson has been ordered detained pending his sentencing hearing, which will be scheduled at a later date.
According to evidence presented during the trial, on October 22, 2014, an FBI Task Force Officer (TFO), working in an undercover capacity, posted an advertisement on Craigslist. Wilkerson responded by e-mail, inquiring about sexual activity with a 12-year-old “girl.” After a series of communications with the undercover officer, Wilkerson agreed to pay $50 to receive oral sex from the “girl.” A few days later, Wilkerson traveled to Seminole County to meet with the minor. He was subsequently arrested. Agents recovered $53 from Wilkerson’s pocket after his arrest. He acknowledged that the money was to be used as payment for the sex.
This case was investigated by the Federal Bureau of Investigation and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Facebook Child Predator Sentenced to 40 Years in Federal PrisonRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore has sentenced Melvin Barber Bridgers, III (34, Tarpon Springs, formerly of Greenville, North Carolina) to 40 years in federal prison for the production, receipt, and distribution of child pornography. The Court also ordered him to forfeit the cellular telephones and computers that he had used to commit the offenses. Bridgers pleaded guilty on December 11, 2014.
According to court documents, from at least December 2012, through his arrest on May 1, 2014, Bridgers used multiple Facebook accounts to pose as a young teenage girl and befriend other girls between the ages of 10 and 16 years old. After befriending the minors, he engaged in online chats with them and used manipulation, coercion, threats, and extortion to compel the minors to send him sexually graphic photographs through Facebook. Bridgers then threatened the minor victims with exposing the sexually graphic photos to their parents, or to other Internet users, in order to extort more sexually graphic photographs and videos from them.
Bridgers, who moved to Tarpon Springs from North Carolina in the fall of 2013, came to law enforcement’s attention when a 12-year-old victim in the Houston, Texas, area reported the Facebook activity to her mother after Bridgers threatened to expose that victim unless she sent him sexually explicit photographs of her 7-year-old sister. The victim’s mother then contacted the authorities.
On May 1, 2014, law enforcement executed a federal search warrant at Bridgers’s residence and obtained computer media containing numerous chat logs with the minor victims, as well as over 28,000 images and videos containing child pornography. Law enforcement agents estimate that over a two-year period, Bridgers attempted to make contact with and sexually extort, or “sextort,” thousands of young girls on Facebook. To date, approximately 129 of Bridgers’ victims have been positively identified, making this one of the largest online child “sextortion” cases prosecuted in the United States.
“The staggering number of victims in this case is sickening,” said Susan L. McCormick, special agent in charge of Homeland Security Investigations - Tampa. “While we cannot undo the damage to these young people, we can ensure that this criminal will not be able to harm them anymore.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations – Tampa, the Pinellas County Sheriff’s Office, and the Webster (Texas) 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.
Orlando Man Pleads Guilty to Investment FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Dante S. Giovannetti (50, Orlando) has pleaded guilty to wire fraud. He faces a maximum penalty of 20 years in federal prison. His sentencing hearing has been set for July 8, 2015. Giovannetti was indicted on February 11, 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 that froze their assets, granted expedited discovery, and prohibited 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 for his contempt 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.
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 had his initial appearance on the criminal complaint in federal court in Seattle, Washington. He was detained and transported back to this District 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 is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Orlando Man Indicted on Child Sex Trafficking ChargesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Hermenegildo Nevarez Campa (33, Orlando) with two counts of sex trafficking children. If convicted on all counts, he faces 15 years, up to life, in federal prison.
According to the indictment, Campa obtained a 15-year-old and a 12-year-old girl for commercial sex acts. According to court records, both girls were encountered by Jacksonville Sheriff’s Office detectives during an undercover vice operation. Upon realizing the children’s ages, investigators with the North Florida Human Trafficking Task Force interviewed the children and learned that they had run away from home, were currently homeless, and were being sexually exploited by customers who paid money to have sex with them. The older child provided detailed information about a customer whom the children knew as “Chico,” later identified as Campa.
On March 11, 2015, a warrant was issued for Campa’s arrest and he was apprehended by investigators with the FBI and the Orange County Sheriff’s Office in Orlando, on April 9, 2014. Campa made his initial appearance, in Orlando, and is scheduled to appear in Jacksonville on April 17, 2015, for a detention hearing.
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 Northeast Florida Human Trafficking Task Force, a task force made up of investigators from the FBI and the Jacksonville Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Mac D. Heavener, III.
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.
Nassau County Man Pleads Guilty to Drug and Firearm ChargesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Shavon Tavin Anderson (22, Nassau County) yesterday pleaded guilty to two counts of distribution of cocaine and one count of possession of a firearm by a convicted felon. He faces a maximum penalty of 50 years in federal prison. A sentencing date has not yet been set.
According to court documents, as part of a Drug Enforcement Administration task force operation in Nassau County, Florida, on February 6, 2015, Anderson met with a member of the Nassau County Sherriff’s Office acting in an undercover (UC) capacity. During the meeting, Anderson sold the UC cocaine and marijuana. A week later, he again met with the UC and sold him cocaine.
On March 5, 2015, Anderson met with the UC as part of an arranged drug sale, during which he was supposed to provide the UC with a half kilogram of powder cocaine in exchange for $24,000. Upon arrival, Anderson provided the UC with a smaller amount of what was later determined to be fake cocaine. When law enforcement agents moved toward the vehicle to arrest Anderson, he exited and began running. As he fled, officers observed a firearm tucked inside the waistband of Anderson’s pants. After a brief pursuit, Anderson was arrested and the loaded firearm was recovered.
As a previously convicted felon, Anderson was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Nassau County Sheriff’s Office and the Drug Enforcement Administration Drug Task Force. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Longwood Scientist Ordered to Pay $199,825 to NASA for Wire FraudRead the Press Release
Orlando, Florida – U.S. District Judge G. Kendall Sharp has ordered Donatus E. Asumu (52, Longwood) to pay $199,825 in restitution to the National Aeronautics and Space Administration (NASA) for wire fraud committed against the agency. The Court also ordered him to forfeit a Nissan automobile, a traceable proceed of the offense. In addition, Asumu was sentenced to serve one year of probation, including 45 weekends at the Brevard County Work Camp, and six months of home confinement. During the sentencing hearing, the Court made a finding that Asumu, who was represented by the Federal Public Defender, was not indigent and must pay back attorney’s fees pursuant to the Criminal Justice Act.
According to the plea agreement, between 2009, and continuing through 2012, Asumu, as president and owner of Aligned Concepts, LLC (“ACL”), fraudulently obtained two Small Business Innovation Research (“SBIR”) contracts from NASA valued at $199,825. He obtained the contracts by, among other things, (i) falsely representing to NASA that certain individuals would work certain hours on the contracts, when in fact those individuals did not work or perform any tasks on the contracts; (ii) falsely representing to NASA that he was not employed full-time by another organization, when in fact he was; (iii) falsely representing to NASA that ACL was a legitimate Small Business Concern (SBC); and (iv) falsely submitting invoices to NASA for work that was certified as complete per contract terms, when in fact ACL did not perform the work per those terms.
This case was investigated by NASA, Office of the Inspector General. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Clearwater and Jacksonville Men Indicted for Manufacturing and Passing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Darius Jondi Edwards (35, Clearwater) with manufacturing and passing counterfeit currency. His co-defendant, Timothy Deante Burroughs (28, Jacksonville), is charged with passing counterfeit currency. If convicted on all counts, Edwards faces a maximum penalty of 40 years in federal prison. Burroughs faces a maximum penalty of 20 years’ imprisonment. Both men were arraigned earlier this month and ordered detained.
According to the indictment, Edwards began manufacturing counterfeit currency, beginning at least in November 2014. Edwards and Burroughs then began passing the counterfeit currency in Duval County, Florida.
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 Jacksonville Sheriff’s Office and the United States Secret Service. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.
BB&T Bank Robber Sentenced to Federal PrisonRead the Press Release
Orlando, FL – Senior U.S. District Judge G. Kendall Sharp today sentenced Kenyada Emanuel Jacobs (42, Casselberry) to 5 years and 10 months in federal prison for bank robbery. He was also ordered to pay restitution in the amount of $1,750 to BB&T Bank. Jacobs pleaded guilty on January 15, 2015.
According to court documents, on October 27, 2014, Jacobs robbed a BB&T Bank located in Casselberry, Florida. Officers responded to the scene of the robbery and reviewed the bank’s surveillance footage. The officers recognized Jacobs because they had responded to a domestic disturbance involving Jacobs only hours earlier.
This case was investigated by Federal Bureau of Investigation and the Casselberry Police Department. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
Tampa Man Indicted for Traveling to Engage in Unlawful Sexual Activity with A Missouri MinorRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Stephen Farris Underwood (46, Tampa) with coercion and enticement, transportation of a minor with the intent to engage in criminal sexual activity, and traveling to meet a minor with the intent to engage in illicit sexual conduct. If convicted on all counts, he faces a maximum penalty of life in federal prison.
According to the indictment, Underwood traveled from Tampa to Missouri to meet a minor with whom he had been corresponding online. Underwood picked up the minor from a Missouri shopping center and transported him to Underwood’s residence in Tampa. It was Underwood’s intent that he and the minor would live together as a couple in Florida. The parents of the minor, who was fifteen at the time, did not give Underwood permission to leave the state with their son.
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 Hillsborough County Sheriff’s Office, the Mountain View (Missouri) Police Department, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Stacie B. Harris.
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.
Husband and Wife “Pill Mill” Operators Sentenced to PrisonRead the Press Release
Tampa, FL – U.S. District Judge James S. Moody, Jr. today sentenced Warren and Aigoul Gold to 12 months and one day, and six months in federal prison, respectively, for drug trafficking and money laundering charges. The Court also ordered a money judgment in the amount of $713,570 and forfeiture of $61,232 in a bank account, both of which are traceable to proceeds of the offenses. The Golds pleaded guilty on July 24, 2014.
According to court documents, beginning in early 2010, the Golds became the owner-operators of a pain clinic (“Clinic”) located in the Middle District of Florida. As the owner-operators of the Clinic, the Golds organized, managed, operated, maintained, and relocated the Clinic to various locations during 2010. In that time, the Clinic served as a high-volume, cash-only, pill-prescription operation that sometimes handled more than 100 patients in a single day, with a large number of those patients residing out of state, many from Kentucky.
At each of the Clinic’s locations, doctors prescribed patients a similar drug "cocktail," consisting mostly of large amounts of oxycodone and other Schedule II narcotics. The Golds knew that many of the patients were not legitimate pain patients. Rather, most of these “patients” were seeking the oxycodone cocktail to fuel their own addictions or to unlawfully distribute those drugs to other dealers and/or addicts.
The Golds also laundered the unlawful proceeds from the Clinic in a variety of ways, including making cash deposits of less than $10,000 to banks for the purpose of avoiding reporting requirements. Once the proceeds had been deposited, the Golds spent some of those funds in a manner that concealed the unlawful nature of the Clinic. For example, they diverted some of the proceeds in the Clinic’s account into other accounts that were wholly unrelated to the operation of the Clinic. They also used proceeds from the Clinic to promote their pain business. Among other ways, the Golds used profits to pay the doctors cash bonuses based upon the number of patients seen in a given day.
This case was investigated by the U.S. Marshals Service and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Matthew Jackson.
Central Florida Businessman Sentenced to Nine Years in Prison for $44 Million Bank Fraud ConspiracyRead the Press Release
Orlando, FL – Senior United States District Judge Gregory J. Presnell sentenced Pedro “Pete” Benevides (45, Astatula) today to nine years in federal prison. In addition, Benevides was ordered to forfeit $44,059,565.00, including several bank accounts containing approximately $40 million in cash and two exotic sports cars: a 2008 Lamborghini Murcielago and a 2009 Audi R8. He will also be ordered to pay full restitution to the financial institutions that were the victims of his offense. The amount will be determined at a later hearing. Benevides pleaded guilty on July 14, 2014.
According to court documents, from about 2005 through September 2008, Benevides obtained 20 commercial and residential loans and lines of credit from several federally insured financial institutions totaling approximately $44,059,565. He obtained the fraudulent loans by providing the financial institutions with documents that, among other things, contained false information concerning his income and assets or the business that he used to obtain the loans and lines of credit. During that time, Benevides controlled several Central Florida businesses, including a private jet charter service, an exotic car rental service, and hotels in Orange County and Pinellas County, Florida. Those companies included Superior International Investment Corporation; ABC Auto Wholesalers, Inc.; Skyview Aviation, Inc.; Fidelity Investment Group LLC; PBJB Best Investment LLC; Divello Family LLC; and Leesburg Title and Escrow Company. Benevides then used the fraudulently obtained funds for his own purposes, including paying the interest and principal on other, earlier loans that he had obtained in order to continue the fraudulent scheme, paying business expenses, paying the other co-conspirators involved in the scheme, and funding living expenses for himself and his family.
This case was investigated by the Internal Revenue Service - Criminal Investigation, the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Secret Service, and the St. Cloud IRS-USSS Federal Financial Crimes Task Force. It is being prosecuted by Assistant United States Attorney Daniel C. Irick.
United States Settles False Claims Act Allegations Against Jacksonville-Based Fertility ClinicRead the Press Release
Jacksonville, FL - The United States has settled allegations that a Jacksonville-based fertility practice knowingly billed the government for services that were “up-coded,” or billed at a rate higher than medically necessary, and billed for certain claims when the physician-owner was out of the country. The allegations resolved included liability under the False Claims Act (FCA).
The government announced today that it has reached a settlement with the Jacksonville Center for Reproductive Medicine (Center), and the physician who owned the practice – Dr. Michael Fox. In reaching this settlement, the parties resolved allegations that, from January 1, 2009, until February 2013, Dr. Fox operated a fertility practice that billed for services at a higher rate of reimbursement than appropriate. At issue, in particular, was the misuse of “incident to” billing provisions. In general, the government allows medical professionals to bill for the services of physician assistants and nurse practitioners as fully compensable claims when those services are “incident to” a physician’s course of treatment. In this case, the government alleged that the Center routinely misused the “incident to” provisions when it billed for work performed by a physician assistant or nurse practitioner. In many instances, it appeared that physician involvement was minimal such that the “incident to” provision would not be applicable. The government agreed to accept $98,838.98 to resolve these allegations.
“TRICARE and other federal health care programs are dependent upon healthcare providers honestly reporting the work that they do,” said A. Lee Bentley, III, U.S. Attorney for the Middle District of Florida. “Claiming reimbursement for treatments not provided, or at higher rates than authorized by regulation, defrauds taxpayers and depletes limited funds available to provide medical care to deserving patients. By bringing False Claims Act cases such as this, we recover funds stolen from the government and deter others from attempting similar schemes.”
Today’s settlement involved false claims submitted to the TRICARE Program. This case was developed by proactively mining healthcare reimbursement data. In mining through this data, the Center was identified as a top biller of fertility related treatments. In addition, through this data mining, government investigators were able to determine that the Center had billed for services allegedly rendered by Dr. Fox – the owner of the practice – even when he was out of the country.
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 Departments of Justice and 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 $19 billion through False Claims Act cases, with more than $13.4 billion of that amount recovered in cases involving fraud against federal health care programs.
"This settlement highlights the commitment of 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. “DCIS will actively analyze, inquire, and challenge health care providers that overcharge the DoD, mistakenly or otherwise. We do this to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees."
This case was investigated by Defense Criminal Investigative Services, 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.
Florida Company and Owner Agree to Resolve Alleged False Claims Act Violations Regarding Historically Underutilized Business Zone ProgramRead the Press Release
Orlando, FL – Orlando, Florida, based Air Ideal Inc. and its majority owner, Kim Amkraut, have agreed to pay the United States $250,000 to resolve allegations that they made false statements to the Small Business Administration (SBA) to obtain certification as a Historically Underutilized Business Zone (HUBZone) company, the Justice Department announced today. Under the settlement, defendants must also pay five percent of Air Ideal’s gross revenues over the next five years.
“When companies falsely claim eligibility for government contracts set-aside for HUBZone businesses, they not only misuse taxpayer funds, but they also deprive HUBZone communities of the benefits of the program,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “This settlement shows that there is a stiff price to pay for obtaining government contracts through false statements.”
“The HUBZone program is an important tool in the government’s effort to strengthen our economy by encouraging businesses to grow in underutilized and disadvantaged areas,” said U.S. Attorney A. Lee Bentley, III of the Middle District of Florida. “We will not tolerate contractors who use deception to undermine its objectives and effectiveness.”
The purpose of the HUBZone program is to stimulate job growth in areas that have historically had low business investment. Under the HUBZone program, companies that maintain their principal office in a designated HUBZone and meet certain other requirements can apply to the SBA for certification as a HUBZone small business company. HUBZone companies can then use this certification when bidding on government contracts. In certain cases, government agencies will restrict competition for a contract to HUBZone-certified companies.
The United States’ complaint alleged that Air Ideal and Amkraut originally applied to the HUBZone program in 2010 by claiming that Air Ideal’s principal office was located in a designated HUBZone. The complaint further alleged that, in fact, this location was a “virtual office” where no Air Ideal employees worked, and that Air Ideal was actually located in a non-HUBZone location. Allegedly, the defendants not only misrepresented the location of Air Ideal’s principal office to the SBA, but also submitted to the SBA a fabricated lease agreement and other fabricated documents for its purported HUBZone office. The complaint further alleged that during the government’s investigation of this case, the defendants fabricated another version of its agreement for the virtual office and submitted that false document to the government.
The complaint alleged that Air Ideal used its fraudulently-procured HUBZone certification to obtain contracts from the U.S. Coast Guard, U.S. Army, U.S. Army Corps of Engineers and the U.S. Department of the Interior. Each of those contracts had been set aside for qualified HUBZone companies. The United States’ complaint asserted claims against Air Ideal and Amkraut under the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act of 1989.
“The OIG will aggressively investigate intentional misrepresentations made by individuals who lie in order to claim eligibility for SBA set-aside programs,” said Inspector General Peggy E. Gustafson of the SBA. “I want to thank the U.S. Department of Justice for its dedication to pursuing justice in this case.”
The settlement resolves allegations brought in a lawsuit filed under the qui tam or whistleblower provisions of the False Claims Act by Patricia Hopson, who is employed in the construction industry. Under the Act, a private citizen can sue on behalf of the United States and share in any recovery. The United States is entitled to intervene in the lawsuit, as it did here. As part of the resolution, Hopson will receive $42,500.
This matter was handled by the Commercial Litigation Branch of the Justice Department’s Civil Division and the U.S. Attorney’s Office for the Middle District of Florida, in conjunction with the SBA’s Office of Inspector General (OIG) and Office of General Counsel, the Department of Homeland Security’s Office of Inspector General, and the Defense Criminal Investigative Service.
The case is U.S. ex rel. Hopson v. Air Ideal, Inc. and Kim Amkraut, No. 6:13-cv-775-Orl-37GJK (M.D. Fla.).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Owner of Lakeland Market Sentenced to Federal Prison for Food Stamp FraudRead the Press Release
Tampa, Florida – United States District Judge Susan C. Bucklew today sentenced Randolph Goosby (53, Lakeland) to two years in federal prison for conspiracy to commit wire fraud, in connection with providing cash in return for food stamps. The Court also ordered Goosby to forfeit $4,312.35 seized from his business bank account, which was traceable to proceeds of the offense, and entered a money judgment in the amount of $782,291.65, the proceeds of the fraud. He pleaded guilty on January 8, 2015.
According to court documents, Goosby was the sole owner of 8th Street Supermarket in Lakeland, which accepted Electronic Benefit Transfer or “EBT” cards. EBT cards are used by individuals who participate in the Supplemental Nutrition Assistance Program (SNAP) to make food purchases. The 8th Street Supermarket was known as a place where SNAP participants could go to exchange EBT funds for cash, also known as “cash back.” This is specifically prohibited under the SNAP program. Goosby charged SNAP recipients 50 cents for every dollar that he provided as part of this illegal “cash back” scheme.
The 8th Street Supermarket did not use barcode scanners to aid in the checkout process, and there were no carts or baskets available for customers to carry purchases while inside the store. Rather, there was one cash register with a small counter. Most of the store’s interior space was either used for storing miscellaneous items or was unused. It was often closed during normal business hours and appeared to have virtually no legitimate food customers. Between November 2010 and July 2014, the 8th Street Supermarket conducted more than 11,000 SNAP EBT transactions totaling $964,390. From March 2011 to July 2014, it exceeded the average redemptions of the four closest SNAP-authorized convenience stores by $786,604.
This case was investigated by the U.S. Department of Agriculture, Office of Inspector General, the Federal Bureau of Investigation, the Polk County Sheriff’s Office, and the Lakeland Police Department. It was prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Mark Bini.
Former Tampa Police Corporal Pleads Guilty to Public Corruption ChargesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Jeanette Hevel (47, Land O’ Lakes) today pleaded guilty to theft of government property. The charge carries a maximum penalty of 10 years in federal prison. Hevel has also agreed to make full restitution to the Unites States Department of Treasury, and a forfeiture money judgment in the amount of $88,504.71.
According to court documents, Hevel, a Tampa Police Department (TPD) Corporal with more than 20 years’ experience, abused her position and authority to steal 13 United States Treasury tax refund checks (totaling $88,504.71), 21 money orders (totaling approximately $10,000), and one refund anticipation loan check ($3,007.15) from inside the Department’s secure evidence storage area. The unlawful conduct occurred over an approximate 9-month period, beginning in or around September 2011 and continuing through May 2012.
To locate the checks and money orders, Hevel sometimes accessed TPD’s electronic recordkeeping system to identify investigative matters or cases in which tax refund checks and/or money orders had been logged into the Department’s secure property storage area. She then improperly used her status to “check out” the items. On other occasions, the checks and/or money orders were initially forwarded to Hevel—in her capacity as a TPD Criminal Intelligence Bureau Corporal—by Department officers or detectives for further investigation. Once Hevel had the checks and/or money orders in her possession, she enlisted others outside the Department to unlawfully cash the items and then shared the proceeds with them.
This case was investigated by the Internal Revenue Service-Criminal Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Jay G. Trezevant.
Lakeland Man Sentenced to 80 Years in Prison for Producing and Transporting Child PornographyRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell today sentenced Benjamin Cuadrado (41, Lakeland) to 80 years in federal prison for the production and transportation of child pornography. Cuadrado pleaded guilty on January 9, 2015.
According to court documents, between July 26, 2012, and March 25, 2014, Cuadrado produced, transported, received, and possessed child pornography. He used his cellular phone to produce at least 70 videos of him sexually assaulting an infant and a toddler in his care. He transported the child pornography over the Internet using his email account and an Internet messaging program.
A forensic review of Cuadrado’s cellular phone revealed 250 videos and more than 4,000 images of child pornography, including files depicting pre-pubescent children and sadomasochistic conduct.
“Justice has truly been served in this case. Cuadrado’s heinous crimes were against children that were not able to defend themselves,” said Susan L. McCormick, special agent in charge of HSI Tampa. “Working hand-in-hand with our law enforcement partners, HSI will aggressively protect our communities from those who seek to sexually exploit children.”
“The sentence handed down in the case against Mr. Cuadrado brings to an end one of the most disturbing child exploitation cases in the history of our office,” said Alysa Erichs special agent in charge of HSI Miami. “This also sends a message to those who take advantage of the innocence of our children, that we will find you and prosecute you to the fullest extent of the law.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Miami Beach Police Department, the Polk County Sheriff’s Office, and the U.S. Secret Service. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Serial Bank Robber Sentenced to 10 YearsRead the Press Release
Tampa, Florida – United States District Judge Mary S. Scriven has sentenced Matthew Donald Lynch Maxwell (29, Tampa) to 10 years in federal prison for a series of bank robberies. As part of his sentence, the Court also entered a money judgment in the amount of $123,315, the proceeds of the charged criminal conduct. Maxwell pleaded guilty on December 16, 2014.
According to court documents, beginning on November 2, 2013, and continuing until June 21, 2014, Maxwell robbed 10 federally insured banks in the State of Florida. Throughout the course of the robberies, he stole the banks’ money through force, violence, and by means of intimidation, including restraining bank tellers by duct taping their hands behind their backs, telling bank tellers that he would detonate a bomb if his demands were not met, and pepper spraying a witness who followed him out of a bank. In an effort to evade investigators, Maxwell frequently changed his modus operandi. For example, he used several disguises, including an Albert Einstein Halloween mask and a full body painter’s suit. Maxwell also spoke in different accents when robbing the banks and utilized several different getaway vehicles.
This case was investigated by the Federal Bureau of Investigation, the Sarasota County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Tampa Police Department, the Clearwater Police Department, and the Pinellas County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Carlton C. Gammons.
Orlando Man Sentenced to 10 Years for Felony Gun PossessionRead the Press Release
Orlando, Florida – Chief U.S. District Judge Anne C. Conway today sentenced Eric Emmanuel Reynolds (31, Orlando) to 10 years in federal prison for being a felon in possession of a firearm. Reynolds pleaded guilty on January 16, 2015.
According to court documents, during an undercover investigation in 2014, Reynolds sold drugs and guns to a confidential informant on three separate occasions. When law enforcement officers executed a search warrant at Reynold’s residence, they discovered several different types of drugs and guns in his possession. At the time of the incident, Reynolds had several previous felony convictions for gun and drug crimes. As such, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
Ocala Cocaine Trafficker Sentenced to 10 Years for Distributing Cocaine and Money LaunderingRead the Press Release
Ocala, Florida – Senior U.S. District Judge Wm. Terrell Hodges has sentenced James Bryan Swoll, a/k/a “Squid,” (37, Ocala) to 10 years in federal prison for distributing five kilograms or more of cocaine and money laundering. He was also ordered to forfeit $350,000 worth of real property that was traceable to the offenses. Swoll pleaded guilty in November 2014.
According to court documents and evidence presented at the sentencing hearing, Swoll had a long-time source for large quantities of cocaine in South Texas and Matamoros, Mexico. For more than seven years, he obtained cocaine from Rolando Pinon and then redistributed the multi-kilogram amounts to other large-scale drug traffickers in the Ocala area. Pinon employed a series of drivers, including Jose Manuel Tovar, to drive the cocaine from south Texas to Ocala. Swoll received profits of approximately $5,000 per kilogram of cocaine sold. Swoll also distributed six kilograms of cocaine, via a broker, to another large-scale cocaine dealer in the Ocala area and received $211,500 in cash.
Swoll laundered his drug proceeds to purchase a home in the Ocala area. The closing documents revealed that one of Swoll’s associates appeared at the closing and titled the home in his name. Swoll provided the cash for the closing.
Pinon pleaded guilty for his role in this case and was sentenced to 18 years and 6 months in federal prison. He was also ordered to forfeit more than $1.2 million in cash and property. Tovar also pleaded guilty and was sentenced to six years in federal prison.
This case is another prosecution in the Organized Crime Drug Enforcement Task Force (OCDETF) Operation Wind Sock. The case was investigated by the Drug Enforcement Administration and the Internal Revenue Service - Criminal Investigation, with assistance from the Unified Drug Enforcement Strike Team, which is comprised of narcotics agents from the Ocala Police Department and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney A. Tysen Duva.
The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply.
Jacksonville Man Sentenced to 60 Years for Producing Videos of Child PornographyRead the Press Release
Jacksonville, Florida – Senior United States District Judge Harvey E. Schlesinger has sentenced Charles Franklin Hudson, Jr. (39, Jacksonville) to 60 years in federal prison for using a minor child to produce videos depicting child pornography. In addition, the Court ordered him to serve a life term of supervised release, to register as a sex offender, and to forfeit his electronic media. Hudson was arrested on January 8, 2014. He pleaded guilty on July 16, 2014.
According to court documents, on January 6, 2014, an officer with the Jacksonville Sheriff’s Office (JSO) was dispatched to a residence in response to a call regarding allegations of sexual battery on a minor child. Subsequently, detectives from the JSO Sex Crimes Unit interviewed the child, who indicated that she had been sexually abused by Hudson. Two days later, detectives obtained a search warrant for Hudson’s residence. During the execution of the warrant, officers discovered numerous items of digital media, including several computers, cameras, SD cards, CDs, and DVDs. In the attic, officers recovered a backpack containing cameras, sex devices and restraints, and several pill bottles bearing Hudson’s name. Five SD cards were found inside one of the pill bottles.
Subsequent forensic analyses of the five SD cards revealed approximately 90 video and image files depicting sexually explicit conduct involving Hudson. At least two of these videos, which had been produced by Hudson, depicted him and a minor child engaged in sexually explicit conduct.
"This prison sentence sends a strong message of deterrence to predators who think they can sexually exploit innocent children and get away with it," said Susan L. McCormick, special agent in charge of HSI Tampa. "We cannot undo the trauma to these children, but with law enforcement partners like the Jacksonville Sheriff’s Office, we will do everything in our power to bring these criminals to justice."
This case was investigated by the Jacksonville Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Volusia County Man Pleads Guilty to Producing Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that William A. Harvey (50, DeLand) has pleaded guilty to producing child pornography. He faces a mandatory minimum penalty of 15 years, up to 30 years, in federal prison, and a potential life term of supervision. His sentencing hearing has been scheduled for June 11, 2015. Harvey was indicted on December 23, 2014.
According to court documents, Harvey produced child pornography at his residence on May 5, 2014. His victim was a 16-year-old autistic girl. Harvey took several photographs of the victim engaged in sexually explicit conduct. The girl told another individual the next day what had happened. Law enforcement was contacted and a state search warrant was executed on May 29, 2014. During the execution of the search warrant, officers found a computer and an external hard drive in Harvey’s bedroom. A subsequent forensic examination of the computer and hard drive revealed 20 pornographic images of the victim. The victim stated that Harvey had used a purple camera to take the photographs of her. That camera was also found during the search.
This case was investigated by the Federal Bureau of Investigation, the Seminole County Sheriff’s Office, and the DeLand Police Department. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Saudi Arabian Citizen Pleads Guilty to Physically Assaulting TSA Officer at Orlando International AirportRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Mohammed Abdullah Alomaim (43, Saudi Arabia) today pleaded guilty to physically assaulting a Transportation Security Administration (TSA) officer, a felony under federal law. U.S. District Judge Gregory A. Presnell sentenced Alomaim to the time that he has already served since the offense, and a two-year term of supervised release. As a result of his conviction, Alomaim will be deported from the United States.
According to the plea agreement, on January 18, 2015, Alomaim came into contact with TSA officers at an Orlando International Airport checkpoint. Over the course of approximately two hours, he began behaving erratically, making other visitors at the airport uncomfortable, and repeatedly left his bags unattended. As a TSA officer approached Alomaim to speak with him, he struck the officer in the face. Alomaim was immediately taken into custody.
This case was investigated by the Federal Bureau of Investigation and the Orlando Police Department, with assistance from the Transportation Security Administration. It was prosecuted by Assistant United States Attorney Tiffany L. Cummins.
New York Man Indicted for Smuggling Cocaine at AirportRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Edward Adames-Tavares (30, New York) with smuggling cocaine into the United States. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to court documents, on March 6, 2015, Adames-Tavares flew from the Dominican Republic to the Orlando International Airport. Upon going through U.S. Customs inspection, he was selected for a secondary inspection of his luggage. A U.S. Customs and Border Patrol officer found 11 wooden hangers inside Adames-Tavares’ checked luggage. The officer ran the hangers through an x-ray machine, which revealed that something was inside the hangers. Upon further inspection, the officer found a white powdery substance wrapped in plastic. The substance tested positive for cocaine. The remaining hangers were opened and each contained a white powder wrapped in plastic.
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. Customs and Border Patrol. It will be prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Bradenton Man Convicted for Illegal Reentry After DeportationRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Leonel Hernandez-Lopez (36, Bradenton), a/k/a Jose Luis Carbajal, guilty of illegal re-entry after deportation. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for June 18, 2015. Hernandez-Lopez was indicted on September 5, 2013.
According to evidence presented at trial, on December 12, 2002, Hernandez-Lopez was deported from the United States to Mexico. On August 16, 2013, U.S. Immigration and Customs Enforcement agents found him in Bradenton. Hernandez-Lopez had not requested permission to re-enter the United States after his deportation.
This case was investigated by U.S. Immigration and Customs Enforcement’s Customs Investigative Service and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Jennifer L. Peresie and Michael V. Leeman.
Former Titusville Police Officer Sentenced to Ten Years in Prison for Participating in A Drug DealRead the Press Release
Orlando, Florida – United States District Judge Paul G. Byron today sentenced Richard Irizarry (46, Viera) to 10 years in federal prison, followed by four years of supervised release, for attempting to aid and abet the distribution of cocaine. A federal jury found him guilty on January 9, 2015.
According to evidence presented at trial, Irizarry joined the Titusville Police Department in 2010 as a sworn law enforcement officer. While on duty during the summer of 2013, he responded to an apartment complex and befriended a person, who, unbeknownst to Irizarry, was a DEA confidential informant. While at a New Year’s Eve party in 2013, Irizarry told the informant that he knew that the informant was a drug dealer, and that Irizarry wanted to get into the drug business with him to make money. The next day, the informant reported the conversation to DEA, which immediately initiated an investigation.
On several occasions, Irizarry met with or called the informant, who recorded all of their meetings and telephone conversations. Irizarry often used his official police vehicle to meet the informant after his shift was over. On January 13, 2014, Irizarry looked up a license plate in a confidential database for the informant and identified it as belonging to an undercover DEA car. On another occasion, while on duty and in uniform, Irizarry parked his patrol car 50 feet away from the informant and an undercover agent that Irizarry believed was also a drug dealer. After listening to his police radio, Irizarry used his cell phone to tell the informant that it was safe to do a deal. Following that call, the informant handed the undercover agent what Irizarry believed was a kilogram of cocaine. For protecting the drug deal, the informant paid Irizarry $500.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Vincent A. Citro.
Former JSO Corrections Officer Sentenced for Possessing Child PornographyRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Leon Perry Brooks, Sr. (41, Jacksonville) to 21 months in federal prison for possessing child pornography. He was also ordered to register as a sex offender and to serve a five-year term of supervision following his prison term. A federal jury found Brooks guilty on October 8, 2014.
According to evidence presented at trial, in January 2013, a detective from the Jacksonville Sheriff Office, serving on the Internet Crimes Against Children Task Force, was able to download two videos depicting child pornography from an Internet Protocol address registered to Brooks. A search warrant was subsequently executed at his home, which resulted in the seizure of several computers. Two of these computers contained multiple videos depicting minors engaged in sexually explicit conduct.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), in conjunction with the Jacksonville Sheriff’s Office’s Internet Crimes Against Children Task Force. It was prosecuted by Assistant United States Attorney Diidri W. Robinson.
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.
California Man Indicted on Federal Charge of Failure to Register as A Sex OffenderRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that David Eric Crews (54, Sacramento, CA) has been indicted for failing to register as sex offender after traveling from the State of California. If convicted, he faces up to 10 years in federal prison and a potential lifetime of supervision. Crews was arrested on March 30, 2015, at a campground in Bunnell, Florida. He has been ordered detained pending his arraignment and detention hearing on April 2, 2015.
According to the indictment, on or about March 26, 1993, Crews was convicted and sentenced for rape, in concert with force or violence and sexual battery, in Sacramento, California. Between December 2, 2014 and March 13, 2015, he traveled from California to Florida and failed to register as a sex offender as required by the Sex Offender Registration and Notification Act.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act provides for the use of federal law enforcement resources, including the United States Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders. This case was investigated by the United States Marshals Service and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
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 until, and unless, proven guilty.
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, 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.
Mexican Citizen Sentenced to 10 Years in Federal Prison for Attempting to Transport A Child from Las Vegas to Jacksonville for Illegal Sexual ActivityRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Javier Guerrero Molina (34, citizen of Mexico) to 10 years in federal prison for attempting to transport a minor child from Las Vegas to Jacksonville with the intent that the child engage in sexual activity with him. Molina was in the United States illegally. He was arrested on May 30, 2014, at the Jacksonville International Airport.
According to court documents, on May 29, 2014, the Jacksonville Aviation Authority Police Department (JAAPD) received a telephone call from an individual who advised that a child had disappeared from her home in Las Vegas and was believed to be traveling by air to Jacksonville. JAAPD officers learned that the Las Vegas Metropolitan Police Department (LVMPD) had made a “missing persons” entry regarding a 14-year-old female with the same name. A check of airline manifests confirmed that this child was listed as a passenger on a flight from Las Vegas to Jacksonville, with a connection in Charlotte, North Carolina. JAAPD coordinated with officers from the Charlotte-Mecklenberg Police Department (CMPD), who intercepted the child at the Charlotte International Airport. The child had been scheduled to board a flight from Charlotte to Jacksonville, due to arrive shortly after midnight on May 30, 2014.
As the expected arrival time for the Jacksonville flight approached, a JAAPD officer observed Molina in a waiting area in the Jacksonville International Airport lobby. When asked by the officer, Molina advised that he was there to meet a particular passenger. He was subsequently detained and interviewed.
During an interview, Molina admitted that he had entered the United States in 1999 or 2000 by paying a smuggler $700 to help him cross the border on foot near Laredo, Texas. He also stated that he had previously engaged in sexual activity with the child in Jacksonville, before the child and her family moved to Las Vegas. He also stated that he had sent the child money to pay for a one-way airline ticket from Las Vegas to Jacksonville, and that he expected their sexual relationship to continue when the child returned to Jacksonville.
This case was investigated by the Jacksonville Aviation Authority Police Department, the Las Vegas Metropolitan Police Department, the Jacksonville Sheriff’s Office, the Federal Bureau of Investigation in Jacksonville and Charlotte, the Charlotte-Mecklenberg Police Department, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Jacksonville State Attorney’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Georgia Man Indicted for Child Sex TraffickingRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Devin Lee Smith (27, Waynesville, GA) with child sex trafficking, enticing a minor to travel in interstate commerce for prostitution or unlawful sexual activity, transporting a minor in interstate commerce for prostitution or unlawful sexual activity, and using a facility of interstate commerce to promote and carry on prostitution activities. If convicted on all counts, he faces a minimum penalty of 10 years, up to life, in federal prison.
According to the indictment, Smith transported a minor female from Georgia to Jacksonville, where he then engaged in commercial sex trafficking of the minor. The indictment also alleges that Smith used a mobile phone to carry out his illicit activities.
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 Northeast Florida Human Trafficking Task Force, a specialized task force made up of investigators from the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Mac D. Heavener, III.
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.
Sanford Felon Convicted of Firearm and Drug OffensesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Eugene Chisolm (57, Sanford) guilty of possessing a firearm as a convicted felon and possessing cocaine and cocaine base (“crack”) with the intent to distribute it. He faces a mandatory minimum penalty of 15 years, up to life, in federal prison on the firearm count, and up to 20 years’ imprisonment on the drug count. His sentencing hearing is scheduled for June 19, 2015. Chisolm was indicted on December 19, 2014.
According to evidence presented at trial, on March 13, 2014, law enforcement officers executed a search warrant at Chisolm’s residence in Sanford. During the search, agents recovered drug-trafficking quantities of crack cocaine and cocaine, along with digital scales and other equipment that had recently been used to manufacture the crack cocaine. Agents also recovered a loaded Smith and Wesson.40 caliber pistol. Chisolm was subsequently arrested and interviewed by agents. He admitted that he lived at the residence and that he had sold crack from there.
Prior to this incident, Chisolm had been convicted of multiple felony offenses, including robbery, burglary, battery on a law enforcement officer, and possession of a firearm by a convicted felon. As such, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Seminole County Sheriff’s Office, City County Investigative Bureau. 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.
Former Florida Realtor Indicted on Conspiracy and Bank Fraud ChargesRead the Press Release
Tampa, Florida - United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Joseph Pasquale (38, Worcester, MA) with one count of mortgage fraud conspiracy involving bank fraud and two counts of bank fraud. He faces a maximum penalty of 30 years’ imprisonment for each count. The indictment also notifies Pasquale that the United States is seeking a money judgment for the proceeds of the mortgage fraud conspiracy.
According to the indictment and court proceedings, in 2005, entities controlled by co-conspirators entered into a contract to purchase The Arbors, an apartment complex in Hillsborough County. The new owners of The Arbors then engaged in a plan to convert the complex from rental apartment units to condominium units.
Pasquale’s co-conspirator, Brenden Bolger, aided the developers in the sale of numerous condominium units at The Arbors through his company, Capital Management Guarantee, LLC. In order to induce buyers to purchase units, Bolger created an addendum to the purchase contract that offered buyers various incentives such as rental supplements, money to defray maintenance costs, and a design credit to upgrade the unit’s amenities. When the buyers cancelled the design credit within 10 days of signing the addendum, Bolger paid a kickback for the amount of the design credit to the buyer from Capital Management’s bank account. In this manner, Bolger, Pasquale, and other co-conspirators failed to disclose to buyers’ mortgage lenders material facts about the financing of the sale of The Arbors condominium units.
Pasquale’s alleged role in the conspiracy consisted of marketing The Arbors units. He did so by promising buyers closing cash and undisclosed incentives, providing closing cash to borrowers who purchased units at The Arbors, facilitating the payment of kickbacks to his clients via Capital Management Guarantee, and facilitating the submission of false loan applications to FDIC insured financial institutions.
Bolger previously pleaded guilty for his role in this scheme. He is scheduled to be sentenced on June 22, 2015.
An indictment is merely a formal charge that a defendant has committed a violation of federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency, Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Hoffer.
A. Lee Bentley, III is Administered Oath of OfficeRead the Press Release
At an investiture ceremony held at the Sam M. Gibbons U.S. Courthouse yesterday afternoon in downtown Tampa, Judge Steven D. Merryday of the U.S. District Court for the Middle District of Florida administered the Oath of Office for the United States Attorney to A. Lee Bentley, III. He serves as the eighteenth United States Attorney for the district.
The formal ceremony, over which Judge Merryday presided, was attended by scores of family members, friends, and colleagues, as well as federal, state, and local dignitaries. Guest speakers included former United States Attorneys Robert E. O’Neill and A. Brian Albritton. The invocation and the benediction were given by the Reverend Roger Scholtz, Senior Pastor, Hyde Park Methodist Church. Tampa Police Chief Jane Castor led the Pledge of Allegiance, and Deputy Clerk James O. Gordon sang the national anthem.
Other honored guests attending included United States Attorney Loretta A. Lynch from the Eastern District of New York, former United States Attorney Donna A. Bucella, Florida Attorney General Pam Bondi, and Mayor Bob Buckhorn.
United States Attorney Bentley was appointed to his post by President Barack Obama upon the recommendation of Senators Bill Nelson and Marco Rubio. He has served as an Assistant United States Attorney in the Middle District of Florida since 2000, most recently serving as the First Assistant to United States Attorney Robert E. O'Neill. Prior to that, he worked at the law firm of Hogan & Hartson in Washington, DC as an associate and a partner. Mr. Bentley also has served as a Special Assistant United States Attorney in the Southern District of Florida (Miami), an Attorney-Advisor in the Office of Legal Counsel, Department of Justice (Washington, D.C.), a law clerk to Honorable Lewis F. Powell, Jr., United States Supreme Court, and a law clerk to Honorable Clement F. Haynsworth, Jr., United States Court of Appeals for the Fourth Circuit.
United States Attorney Bentley oversees one of the largest United States Attorney’s Offices in the country, having prosecutorial responsibility over 35 counties in Florida, stretching more than 350 miles, with a population of more than 11 million. He leads five staffed offices with more than 230 employees, including approximately 117 attorneys.
Chad Heins Pleads Guilty to Prison Tax Refund SchemeRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Chad R. Heins (40, Nekoosa, Wisconsin) has pleaded guilty to conspiracy to defraud the United States. He faces a maximum penalty of 10 years in federal prison and must pay restitution to the Internal Revenue Service. His sentencing hearing has been scheduled for June 23, 2015.
According to the plea agreement, Heins spent 13 years and 8 months in prison after being arrested, tried, and convicted of first-degree murder. After his release, he communicated with at least one State of Florida inmate and reached an agreement to split tax refund proceeds that had been obtained from the filing of fraudulent tax returns. Heins opened bank accounts in his name and fraudulently obtained income tax refunds in the total amount of at least $1,258,178, which were to be deposited into his accounts.
Five other individuals, Laura Wright (71, Lecanto, FL), Tiffani Manning (31, Jacksonville, FL), Silvester Bowens (48, Jacksonville, FL), Christopher Wyant (39, Morristown, TN), and Tabatha Dubois (34, Morristown, TN), previously pleaded guilty for their roles in this case.
This case was investigated by The Internal Revenue Service - Criminal Investigation and the Florida Department of Corrections. Assistant United States Attorneys Kelly S. Karase and Mark Devereaux are prosecuting this case.
Imposter Sentenced to Prison for Resume Fraud and Fake BadgesRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Roy Antigua (55, Miami) to one year and one day in federal prison for making a false statement in a matter within the jurisdiction of the federal government and for wrongfully possessing federal government identification badges. The Court also ordered a money judgment in the amount of $114,000, the proceeds of the charged criminal conduct. Antigua pleaded guilty on January 6, 2015.
According to court documents, Antigua submitted employment applications to two home health care agencies in which he fraudulently claimed to have been awarded a Master’s Degree in Social Work from Boston University. He also submitted a fraudulently created diploma with his applications. Antigua was subsequently hired by both agencies that, in reliance on his false statements, billed Medicare for social work services he had performed for Medicare beneficiaries. Medicare will only pay for social work services performed by individuals holding a Master’s Degree in Social Work.
During a search of Antigua’s home on August 1, 2012, law enforcement agents found him to be in wrongful and unauthorized possession of colorable imitations of badges purportedly issued by the Department of Defense, Defense Criminal Investigative Service and the National Aeronautic and Space Administration.
This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General (OIG), the Department of Homeland Security - OIG, NASA - OIG, the Defense Criminal Investigative Service, the Federal Bureau of Investigation, the Coast Guard Investigative Service, and the New Port Richey Police Department. It was prosecuted by Assistant United States Attorney Bob Mosakowski.
Federal Jury Finds Husband and Wife Guilty of Operating A Clinic to Defraud MedicareRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Miami residents Gladys Fuertes (40) and her husband, Mario Fuertes (38), guilty of conspiracy to commit health care fraud, health care fraud, and obstructing a health care investigation. They are facing a maximum penalty of 10 years in federal prison on the conspiracy count and on each of the 10 health care fraud counts, and up to five years in federal prison on each of the two obstruction counts. Gladys Fuertes was also convicted of four counts of aggravated identity theft and faces a mandatory sentence of two years in prison for those charges. The sentencing hearing has been scheduled for June 23, 2015. Both individuals were indicted on March 13, 2014, and arrested in Miami on March 26, 2014.
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 was present or 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.
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 is being prosecuted by Assistant United States Attorneys Mandy Riedel and Kelley Howard-Allen.
Since its inception in March 2007, the Medicare Strike Force, now operating in nine cities across the country, has charged more than 1,900 defendants who have collectively billed the Medicare Program for more than $6 billion. In addition, the HHS Centers for Medicare and 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: http://www.stopmedicarefraud.gov/.
Federal Jury Convicts Colorado Man for Marijuana ConspiracyRead the Press Release
Jacksonville, Florida – U.S. Attorney A. Lee Bentley, III announces that a federal jury today convicted Gavin Harrill (45, Denver, Colorado) of conspiracy to cultivate and distribute marijuana. He faces a maximum penalty of 20 years’ imprisonment and a $1 million fine. A sentencing date has not yet been set.
According to testimony presented at trial, in late 2010, Harrill sold approximately 900 marijuana plants to a Jacksonville resident for distribution in Jacksonville Beach. The plants, with an approximate value of $1 million, were seized in Colorado grow houses by law enforcement officials prior to being delivered to Florida.
This conspiracy to distribute marijuana involved nine other individuals. They have also been convicted in federal court for their roles in this case. The conspiracy lasted from March 2010 to September 2011, and involved the purchase and transportation of hundreds of pounds of marijuana from California and Colorado to Florida.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Jay Taylor.
Duval County Man Sentenced to Prison for Drug Offense at JAXPORTRead the Press Release
Jacksonville, Florida – Senior U.S. District Judge Harvey E. Schlesinger today sentenced Bobby Lee Smith (48, Jacksonville) to 96 months in federal prison for attempting to possess with intent to distribute cocaine. He pleaded guilty on October 31, 2014.
According to court documents, in 2012, Smith applied for and subsequently received a Transportation Security Administration (TSA) Transportation Worker Identification Credential (TWIC) card. The TWIC card allowed Smith to have unescorted access to various parts of the JAXPORT facility in Jacksonville. It also allowed him to escort individuals on and off JAXPORT.
Between January and early March 2014, a law enforcement officer acting in an undercover capacity (UC) conducted a series of meetings and recorded phone calls with Smith regarding drugs coming through JAXPORT. During these conversations, Smith stated that he could get anything on or off JAXPORT’s Blount Island Terminal.
On March 7, 2014, Smith agreed to meet with the UC’s partner at the Blount Island Terminal. Smith agreed to pick up a package containing five kilograms of cocaine and then deliver it to the UC. Later that day, Smith went to the JAXPORT Blount Island Terminal and, using his TWIC card, proceeded to the area where the UC’s partner was waiting. Smith then met with the UC’s partner and took possession of a package he believed contained the cocaine. Upon exiting the terminal, Smith headed in the opposite direction of the predetermined meeting site with the UC. Smith then examined the contents of the package and wrapped the purported cocaine in a t-shirt. During a subsequent traffic stop by law enforcement, the package of fake cocaine was recovered from the front passenger floorboard where Smith was seated.
This case was investigated by U.S. Immigrationa and Customs Enforcement's Homeland Security Investigations, U.S. Customs and Border Protection Air / Marine Branch, Coast Guard Investigative Service, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
U.S. Attorney's Office Joins TwitterRead the Press Release
Tampa, FL - United States Attorney A. Lee Bentley, III announces today that his office has joined Twitter to assist in providing news, announcements, and other information to the public. To follow us on Twitter, go to https://twitter.com/USAO_MDFL, or add our Twitter address, @USAO_MDFL, to the Twitter app on your mobile device. In addition to Twitter, the U.S. Attorney’s Office also maintains a website, which remains the primary source of information for our office.
Naples Man Pleads Guilty to Three Armed Bank RobberiesRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that John Robert Haldemann (31, Naples) today pleaded guilty to three counts of armed bank robbery. He faces a maximum penalty of 25 years in federal prison for each count. A sentencing date has not yet been set.
According to court documents, Haldemann committed three armed bank robberies last summer. On June 4, 2014, he robbed a Capital Bank in Venice. He then committed an armed robbery at a Wells Fargo Bank in Naples on July 12, 2014. And, in Punta Gorda on July 25, 2014, he robbed a Bank of America. During each armed bank robbery, Haldemann displayed what appeared to be a firearm and demanded money from bank employees.
This case was investigated by the Federal Bureau of Investigation Violent Crimes Task Force, the Punta Gorda Police Department, the Naples Police Department, the Collier County Sheriff’s Office, the Venice Police Department, and the Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David G. Lazarus.
Fort Myers Residents Sentenced in False Tax Return SchemeRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Amaury Jimenez Brito (37, Fort Myers) to 21 months in federal prison for conspiracy to defraud the United States with false claims and theft of government property. The Court also ordered Brito to pay $7,924 in restitution to the IRS. He pleaded guilty to the charges on November 6, 2014.
According to court documents, between April 1, 2014, and May 22, 2014, Brito and his co-defendant, Yidelka Caceres, conspired with each other and with others to file approximately 264 false tax returns using the personal identifying information of other individuals without their permission. The total amount of tax refund payments sought from the IRS for the returns was more than $1.37 million. However, the IRS rejected the majority of the filings and Brito and Caceres received approximately $7,924 in proceeds from the offense.
In addition, on April 18, 2014, Brito illegally sold two U.S. Treasury checks to a confidential informant. On May 8, 2014, Brito and Caceres illegally sold another U.S. Treasury check to the informant. Neither Brito nor Caceres was the payee on the Treasury checks and they did not have permission to convert the funds for their own use or to sell or transfer the checks.
Caceres (39, Fort Myers) previously pleaded guilty for her role in this case. On February 13, 2015, she was sentenced to 90 days home confinement, a five year term of probation, 100 hours of community service, a $448 fine, and $7,924 in restitution. In addition, the Court ordered Caceres to forfeit $5,932 seized from her home at the time of her arrest, representing proceeds she obtained as a result of her conduct.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney David G. Lazarus.
One Pasco and Two Lake County Residents Charged with Trafficking in MethamphetamineRead the Press Release
Tampa, Florida – A federal grand jury has returned an indictment charging Shawn Paul Hendricks (41, Dade City), Vladimir Castaneda (26, Eustis), and Jose Edgar Gonzalez-Castaneda (45, Eustis) with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, announces United States Attorney A. Lee Bentley, III, along with Acting Special Agent in Charge A.D. Wright, DEA Miami Field Division, and Pasco Sheriff Chris Nocco. Castaneda and Gonzalez-Castaneda were also charged with distribution of 500 grams or more of methamphetamine, and possession with intent to distribute 500 grams or more of methamphetamine. If convicted, each faces a mandatory minimum penalty of 10 years, up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit $49,334 in cash, a silver 2008 BMW sedan, and a Smith and Wesson .357 Magnum pistol and ammunition, which are alleged to be traceable to the offenses.
According to court documents, Hendricks, who was known by law enforcement to be a large-scale methamphetamine trafficker, was arrested in Dade City on February 18, 2015, for fleeing and alluding law enforcement after an attempted traffic stop. Agents subsequently seized marijuana, a gun, and nearly $50,000 in cash from a Dade City residence where Hendricks lived with his girlfriend. Hendricks admitted to having received 10 to 15 pounds of methamphetamine a week over the past year from a source of supply in Atlanta, and stated that he was to receive such a shipment the following night. With Hendricks’s cooperation, on February 19, 2015, agents arrested Castaneda and Gonzalez-Castaneda in Eustis, after they had delivered nearly 9 pounds of methamphetamine to Hendricks. In one of the transport vehicles, agents found an additional 11 pounds of methamphetamine. Gonzales-Castaneda admitted that he and Castaneda had picked up the methamphetamine in Atlanta earlier that morning.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Drug Enforcement Administration and the Pasco Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kathy J.M. Peluso.
Federal Jury Convicts Scientists of Wire Fraud, Identity Theft, and ObstructionRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Mahmoud Aldissi (a/k/a, Matt) and Anastassia Bogomolova (a/k/a, Anastasia) guilty of conspiracy to commit wire fraud, wire fraud (7 counts), aggravated identity theft (5 counts), and falsification of records involving a federal investigation (2 counts). Aldissi and Bogomolova each face a maximum penalty of 20 years in federal prison. The sentencing hearing has been set for May 28, 2015.
According to testimony and evidence presented during the month-long trial, through their two companies, Fractal Systems, Inc., and Smart Polymers Research Corp., Aldissi and Bogomolova fraudulently obtained approximately $10.5 million worth of small business research awards from the federal government. In order to be awarded contracts, they submitted proposals using the stolen identities of real people in order to create false endorsements of and for their proposed contracts. In the proposals, they also lied about their facilities, costs, the principal investigator on some of the contracts, and certifications in the proposals.
“The Small Business Innovation Research program is a vital link in stimulating innovative technologies. The conviction of these individuals on all charges including identify theft and falsification of records sends a clear message that fraud in this program will not be tolerated,” said Allison C. Lerner, Inspector General at the National Science Foundation. “I commend the U.S. Attorney’s Office and our investigative partners for their work on this case.”
"This conviction demonstrates the commitment of the Defense Criminal Investigative Service and its law enforcement partners to protect the integrity of all Department of Defense programs," said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS aggressively investigates violators who defraud the DoD procurement process, to preserve precious American taxpayer dollars intended to support our Warfighters."
"These guilty verdicts are another win for our organization," said Frank Robey, the director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. "Although these two defendants tried to cover their tracks with layers of deceptive paperwork, our special agents, in cooperation with other law enforcement agencies, were able to peel back the layers and uncover their scheme to defraud multiple government agencies."
“These defendants stole millions of dollars from the American taxpayer by systematically scheming to take contracting opportunities from legitimate business owners. This audacious scheme included several contracts awarded by the U.S. Environmental Protection Agency (EPA). The EPA’s Office of Inspector General (OIG) will continue to work with our law enforcement partners to aggressively investigate and expose these types of crimes,” said Jerry Polk, Acting Special Agent in Charge, EPA OIG Atlanta Field Office.
Paul Martin, NASA Inspector General, congratulated the prosecution team and noted that, “The NASA Office of Inspector General is committed to ensuring aggressive oversight of taxpayer funds used for scientific research by NASA contractors and grantees.”
This case was investigated by Defense Criminal Investigative Service (DCIS), National Aeronautics and Space Administration’s Office of the Inspector General (NASA-OIG), the Major Procurement Fraud Unit (MPFU) of the United States Army Criminal Investigation Division (Army CID), National Science Foundation’s Office of the Inspector General (NSF-OIG), the Environmental Protection Agency’s Office of the Inspector General (EPA-OIG), the Department of Energy’s Office of the Inspector General (DOE-OIG), and the Department of Homeland Security’s Office of the Inspector General (DHS-OIG). It is being prosecuted by Assistant United States Attorney Thomas N. Palermo.