FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
Facebook Post of Harassing Manatees Leads to Guilty Pleas in Federal CourtRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Taylor Blake Martin (22, Alabama) and Seth Andrew Stephenson (22, Rockledge) pleaded guilty before U.S. Magistrate Judge Gregory J. Kelly yesterday to taking (harassing) an endangered species. Each faces a maximum penalty of one year in prison and a $50,000 fine. A sentencing date has not yet been scheduled.
According to court documents, the U.S. Fish and Wildlife Service became aware of a video posted on Facebook that showed one individual luring two manatees to a dock with a water hose, and another individual jumping off of a boat dock, “cannonballing” an adult manatee and a calf. Further investigation revealed that Martin was the individual who “cannonballed” on top of the manatees. Stephenson was identified as the one who lured the manatees to the dock with the water hose. The video shows Martin landing on the back of the adult manatee as the manatees swim away. Stephenson then begins to use the water hose in an attempt to lure the manatees back as the video ends.
After the video was posted on Facebook, several people commented on it. In response to a post that expressed displeasure with Martin’s actions, Martin responded, “hahaha…in my debue [sic] as tayla the manatee slaya…im f---- ready to cannonball on every manatee living yewwww.”
"This case demonstrates our resolve to address the illegal harassment of Manatees, as well as the enforcement of speed zones, and other more serious forms of take which result in the death or injury of Florida's Endangered Manatees," said Special Agent in Charge Luis Santiago, Southeast Region, Office of Law Enforcement, U.S. Fish and Wildlife Service.
This case was investigated by the United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
Titusville Police Officer Indicted for Participating in A Drug Deal While Carrying A FirearmRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Richard Irizarry (45, Viera) with attempting to aid and abet the distribution of cocaine, possessing a firearm in furtherance of the drug distribution, and using a telephone to facilitate the drug distribution. If convicted on all counts, Irizarry faces a minimum of 10 years, up to a maximum penalty of 40 years in federal prison. According to the indictment, Irizarry allegedly committed these offenses on or about January 19, 2014. Irizarry will make his initial appearance in federal court, in Orlando, at 1:30 p.m. today before United States Magistrate Judge Karla R. Spaulding.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration. It will be prosecuted by Assistant United States Attorney Vincent A. Citro.
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Nine Charged for Thefts from Union FundRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of a criminal complaint in which nine individuals were charged with theft from an employee benefit plan. If convicted, Brandon Alfonso (28), James McCall (32), Marta Blackmer (70), Phillip Simmons (50), Ian Chase Dove (26), Jason Ferrari (33), all of Orange City, along with Jason Wesson (37) and Michael Giesinger (36), both of Deltona, and Shane Riley (31, Deland) each faces a maximum penalty of 5 years in federal prison.
According to court documents, Angela Deleon worked at Advance Administration, Inc. (AAI), which was the third-party administrator of an employee benefit plan for the Ironworkers Local 808. As the third-party administrator for the Ironworkers Local 808 Annuity Fund, AAI was responsible for processing members’ payment applications, paying the Fund’s bills, and speaking with union members. Deleon’s duties at AAI included data entry and the processing of payments.
Over a period of about 14 months, Deleon wrote 46 checks from the Fund, totaling over $427,000, to individuals who were not members of the Local 808 or participants in the Fund. The individuals who received those checks from Deleon were her drug dealers or others whom she knew. Those individuals cashed the checks, took whatever money that Deleon owed them, and then provided her with a share of the proceeds.
Alfonso, McCall, Blackmer, Simmons, Dove, Wesson, Ferrari, Giesinger, and Riley were involved in the scheme by allegedly cashing checks written by Deleon, on the Fund’s account, and by splitting the proceeds with her. As of the date of this press release, seven of the nine defendants (McCall, Blackmer, Simmons, Dove, Wesson, Giesinger, and Riley) have been arrested and have had their initial appearance in federal court.
Deleon was previously convicted for her participation in these crimes. She was sentenced to 2 years in federal prison and ordered to pay $594,000 in restitution to the Ironworkers Local 808 Annuity Fund. The restitution amount includes the more than $427,000 that Deleon stole from the Fund, plus the amounts spent by the Fund to audit and reconstruct the records that were impacted by Deleon’s scheme.
A criminal complaint is merely a charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
These cases were investigated by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, and the U.S. Department of Labor’s Employee Benefits Security Administration. They are being prosecuted by Assistant United States Attorney Roger B. Handberg.
Former VA Employee Sentenced to Prison for Theft of Veterans’ Personal InformationRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez-Covington today sentenced David F. Lewis to 6 years in federal prison for access device fraud and aggravated identity theft. As part of his sentence, the court also entered a money judgment in the amount of $105,271.00, the proceeds of the charged criminal conduct. Lewis pleaded guilty on December 10, 2013.
According to court documents and testimony presented in court, Lewis was an employee at the Tampa VA Medical Center. On at least five different dates in 2012, Lewis accessed and printed the personal information, including names, social security numbers, and medical information, of over 100 veterans who were in-patients at the Tampa VA Medical Center. Lewis then gave these documents to someone else in exchange for crack cocaine, knowing that the veterans’ information would be used by others to file fraudulent tax returns in order to fraudulently obtain tax refunds, and in at least one instance, to apply for lines of credit in the veteran’s name. The Department of Veterans Affairs is paying for credit monitoring for those victims known to be affected by Lewis’ theft.
“David Lewis’s sentence today of 72 months holds Lewis accountable for his criminal actions,” says James Robnett, Special Agent in Charge, IRS-CI. “Lewis misused his position of trust as an employee of the James A. Haley Veteran’s Hospital and stole the identities of veterans and war heroes. These identities were used to file false income tax returns. Members of the Tampa Bay Alliance including as the Veterans Administration-Office of Inspector General, the Tampa Police Department together with IRS-CI will continue to aggressively investigate these cases and hold those who commit these crimes accountable for their actions.”
After today's sentencing, Special Agent in Charge Monty Stokes, Office of Inspector General, U.S. Department of Veterans Affairs, said "This case is the collective work of federal, state, and local law enforcement agencies to aggressively pursue those that commit identity theft. The fact that a person who was charged to care for veterans used that position to steal their identity is reprehensible."
“Stealing and selling the identity of a war hero is as low as it gets. Thankfully, the work of the Tax Fraud Alliance in the Tampa Bay Area is making it very difficult to target veterans,” said Tampa Police Chief Jane Castor.
This case was investigated by the Department of Veterans Affairs, Office of the Inspector General, the Internal Revenue Service -- Criminal Investigation, and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Sara C. Sweeney.
Three Sentenced in Orange County Health Department Identity Theft SchemeRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. sentenced Delray Duncan, Gerald Williams, and Shanterica Smith to federal prison yesterday for identity theft. Specifically, the court sentenced Duncan to 42 months in federal prison, Williams to 54 months in federal prison, and Smith to 60 months in federal prison. All three were also ordered to pay restitution in the amount of $1 million. Each previously pleaded guilty for their roles in this case.
According to court documents, the Internal Revenue Service, the Federal Bureau of Investigation, and the United States Postal Inspection Service initiated an investigation after the Orange County Sheriff’s Office executed an unrelated search warrant and discovered a list of names, dates of birth, and social security numbers. Further investigation revealed that Williams and Smith worked at the Orange County Health Department (OCHD). Williams and Smith accessed personal identifying information (PII) of OCHD patients and provided that information to a third party who filed fraudulent tax returns in the names of those patients. Williams and Smith did not know each other while working at OCHD, but ultimately provided the information to the same person. Williams provided the PII to Duncan who, in turn, provided the PII to others in order to file the fraudulent tax returns. Smith provided the PII directly to those responsible for filing fraudulent tax returns.
In total, Williams and Smith stole the identities of approximately 2,200 patients. Fraudulent tax returns totaling approximately $3.9 million were filed using the stolen PII. The investigation into those responsible for filing the fraudulent tax returns and those who obtained the proceeds from the fraudulently filed returns is ongoing.
This case was investigated by the Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
St. Petersburg Man Sentenced to 14 Years in Prison for Drug DistributionRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Gerald Dwayne Welch (35, St. Petersburg) to 14 years in federal prison for distribution of crack cocaine. Welch pleaded guilty on December 17, 2013.
According to court documents, on July 24, 2013, Welch was arrested for selling crack cocaine to an undercover officer on two previous occasions. A search of Welch’s motel room revealed cocaine, marijuana, and Dilaudid pills. During an interview with law enforcement, Welch admitted to selling narcotics in the St. Petersburg area since January 2013. At the time of the offense, Welch had several prior felony convictions, including ten felony drug convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Carlton C. Gammons.
This case is a part of ATF’s Frontline strategy to reduce violent crime and improving the quality of life in communities where law enforcement efforts are focused.
Clay County Man Sentenced to 15 Years in Federal Prison for Producing and Possessing Child PornographyRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard sentenced Melvin Hubert Holmes (52, Clay County) yesterday to 15 years in federal prison for producing and possessing videos and images depicting child pornography. He was also ordered to serve a 5-year term of supervision, following his incarceration, and to register as a sex offender. A federal jury found Holmes guilty on September 16, 2013.
According to testimony and evidence introduced during trial, from March 10, 2012, through August 19, 2012, Holmes installed a hidden video spy camera in several areas of a bathroom in his residence. On several occasions, Holmes used the camera to capture pornographic videos and images of a minor child. Partially covered holes in a sink vanity and two walls, that had housed the camera, were discovered on August 23, 2012. Clay County Sheriff's Office personnel were contacted and responded to the residence. Several items were seized as part of the investigation, including Holmes’ laptop computer. A forensic analysis of the computer revealed images and videos depicting child pornography that were produced by Holmes.
This case was investigated by the Clay County Sheriff's Office and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Broward County Man Sentenced to Four Years for Stolen Identity Refund FraudRead the Press Release
Fort Myers, Florida – U.S. District Judge John E. Steele today sentenced Patrick Robinson to 2 years in federal prison for possession of 15 or more unauthorized access devices, and a consecutive 2 years for aggravated identity theft. Robinson pleaded guilty on September 25, 2013.
According to court documents, on February 28, 2012, Robinson was stopped for speeding in a vehicle, in Lee County, Florida. A subsequent search of his vehicle recovered two laptop computers, a thumb drive, numerous Wal-Mart Money Cards, and a Green Dot debit card. Each card was wrapped in a piece of paper that had a name, routing number, account number, and tax refund amount handwritten on it. Approximately 232 separate identities were found on the thumb drive.
Robinson admitted that he had been committing tax refund fraud for approximately six months. He also admitted to using the stolen victim identifiers contained on the thumb drive to file fraudulent tax returns, using an online tax program. Robinson requested the tax return refund money from the fraudulent returns to be placed on the purchased Wal-Mart Money and Green Dot cards.
This case was investigated by United States Secret Service, Lee County Sheriff’s Office, and Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
Grand Jury Indicts Four Individuals for International Fraud Scheme Involving the Sale of GoldRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Naadir Cassim (38, Barcelona, Spain and Orlando, Florida), Jon Craig Nelson (67, Houston, Texas), Michael Skillern (47, Houston, Texas), and Adriana Maria Camargo, a/k/a Adriana Palomino (36, Barcelona, Spain) with conspiracy, money laundering conspiracy, mail fraud, wire fraud, and money laundering. If convicted, each faces a maximum penalty of 5 years in federal prison on the conspiracy count, 20 years’ imprisonment on the money laundering conspiracy count, 20 years in federal prison for each mail fraud and wire fraud count, and 10 years’ imprisonment for each money laundering count. The indictment also notifies the individuals that the United States intends to forfeit a bank account, a vehicle, and investments, which are alleged to be traceable to proceeds of the offense. As well, the United States is seeking a money judgment for the proceeds of the charged criminal conduct.
According to the indictment, from at least as early as August 2011, through at least February 2014, the above named individuals, and others, engaged in a fraud scheme, in which they directed and caused the sale of purported but nonexistent gold ore or gold doré from mines owned or controlled by them, through a company called OWN GOLD, LLC. The conspirators’ victims were located both inside and outside of the United States, including the United Kingdom. To facilitate the scheme, the conspirators recruited, instructed, supported and paid telemarketers to place unsolicited calls to potential and existing victims outside the United States, from boiler rooms. The telemarketers employed high-pressure and misleading sales techniques when promoting the nonexistent gold ore or gold doré. The indictment further alleges that Cassim, Nelson, Skillern, Camargo, and others then caused victims to wire their funds from the United Kingdom and elsewhere, to bank accounts controlled by the defendants. The conspirators used the victims' funds to perpetuate the scheme and for their own personal enrichment.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Secret Service, the City of London Police and the Spanish National Police. It will be prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and Sara C. Sweeney.
If you invested in gold ore or gold doré through a company called OWN GOLD LLC, you could be a victim. Please contact our office via email at the following email address: USAFLM.TPAVW@usa.doj.gov. Please reference “Cassim” in the subject line.
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Former Postman Pleads Guilty to Bribery and Stealing MailRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that John Peter Vreeland (40, Land O’Lakes) today pleaded guilty to bribery by a public official and theft of mail by a postal employee. He faces a maximum penalty of twenty years in federal prison, and a $500,000.00 fine. A sentencing date has not yet been set.
Vreeland was charged in an Information on February 11, 2014.
According to the plea agreement, Vreeland was a United States Postal employee and mail carrier who was assigned to the Ybor City Post Office in Tampa, Florida. As a mail carrier, he was a public official who had a duty to receive and deliver the United States mail. From at least as early as May 2011 through December 2011, Vreeland redirected and stole approximately 60 to 70 United States Treasury income tax refund checks from the United States mail, which came into his possession in his capacity as a mail carrier, and were intended to be conveyed by mail.
A co-conspirator, in Tampa, submitted or caused to be submitted to the Internal Revenue Service (IRS), numerous fraudulent income tax returns seeking refund payments. As a result of the scheme, the IRS issued numerous income tax refund checks to various individuals and addresses in Tampa. Some of those addresses were on Vreeland’s postal route. The co-conspirator approached Vreeland and requested that Vreeland remove those tax refund checks from the intended mailing addresses, on Vreeland’s postal route, and to redirect the checks to the co-conspirator, in exchange for money. Vreeland agreed to do so, and the co-conspirator subsequently cashed the checks.
On January 25, 2012, agents interviewed Vreeland and he admitted to being involved in the income tax fraud scheme, and stated that he was first approached by the co-conspirator about the scheme in April 2011. Vreeland advised that he was paid $50.00 per check by the co-conspirator, who advised law enforcement that he received approximately 60 to 70 checks from Vreeland. Further investigation revealed numerous cash deposits into Vreeland’s bank account from May 2011 through December 2011.
This case was investigated by United States Postal Service, Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Amanda C. Kaiser.
Fake War Hero Pleads Guilty to Stealing Government Funds and Making False StatementsRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Walter Clarence Eatman (68, St. Cloud) yesterday pleaded guilty to theft of government funds and making false statements. Eatman faces a maximum penalty of 15 years in federal prison. The sentencing hearing is scheduled for May 16, 2014, at 9:30 a.m., before Senior U.S. District Judge Richard A. Lazarra.
According to court documents, between July 2008 and July 2013, Eatman, a veteran of the United States Marine Corps, applied for and received United States Department of Veterans Affairs compensation benefits based upon fraudulent information that he submitted to the VA. Specifically, on July 8, 2008, Eatman filed an application for compensation benefits based upon post-traumatic stress disorder (PTSD), hearing loss, and tinnitus. He also falsely claimed that he was a Vietnam combat veteran, that he served in Vietnam from August 15, 1965 to August 15, 1967, and that he was awarded a Purple Heart. Eatman subsequently altered his military discharge paperwork to falsely reflect service in Vietnam, receipt of a Purple Heart and a Bronze Star, and submitted the fraudulent paperwork to the VA. In fact, Eatman never served in Vietnam or received a Purple Heart or a Bronze Star. Based upon his false claims and representations, Eatman received approximately $106,040.00 in government money and benefits, including mental health care and medication, to which he was not entitled.
In September 2010, Eatman attempted to obtain an increase in his VA benefits for PTSD by falsely claiming that he was haunted by his combat experiences in Vietnam. Eatman lied about being wounded in combat, and again claimed to have received a Purple Heart. Eatman tricked a VA psychologist into believing that he was a decorated combat veteran suffering from PTSD. Eatman received a letter from the VA psychologist documenting his alleged condition. He then mailed the letter to the VA Regional Office in St. Petersburg, along with a “statement in support of claim” on which Eatman wrote, “Attached please find new additional information supporting medical evidence for my current claim for increased compensation for PTSD and my claim for individual unemployability.”
This case was investigated by United States Department of Veterans Affairs, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Amanda C. Kaiser.
Tampa Couple Sentenced to Prison for Stolen Identity Refund FraudRead the Press Release
Tampa, FL – U.S. District Judge Virginia Hernandez Covington today sentenced Tressa V. Guy to 10 years and one month in federal prison for conspiring to commit wire fraud and aggravated identity theft. The court also sentenced Guy’s husband, Brian E. Simmons, to 16 years in federal prison for wire fraud and aggravated identity theft. As part of their sentence, the court entered a money judgment against each in the amount of $790,421.28, the proceeds of the wire fraud and identity theft scheme. The court also ordered Guy and Simmons to each pay $790,421.28 in restitution.
Guy pleaded guilty on October 16, 2013. Simmons pleaded guilty to his charges on November 26, 2013.
According to court documents, Guy and Simmons, and others, orchestrated a scheme to defraud the United States Treasury by causing fraudulent federal income tax returns to be filed using stolen identities, and soliciting personal identifying information and addresses from co-conspirators in Florida and Georgia. To facilitate the scheme, the conspirators coordinated the withdrawal of fraudulently obtained tax refund amounts from prepaid debit cards. The identities used to file the fraudulent tax returns in this scheme belonged to individuals living in various states across the country. As part of the conspiracy, at least 322 federal income tax returns for tax year 2011 were filed from nine Internet Protocol (IP) addresses, claiming refunds of $2,701,844.00. The scheme resulted in a loss of $790,421.28 to the Internal Revenue Service.
This case was investigated by the Internal Revenue Service – Criminal Investigation, the Tampa Police Department, and the Monroe County (Georgia) Sheriff’s Office, with assistance from the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Matthew J. Mueller and Trial Attorney Jason H. Poole of the Department of Justice, Tax Division.
Casselberry Man Sentenced to Life for Aggravated Sexual Abuse of MinorsRead the Press Release
Orlando, Florida - U.S. Attorney Robert E. O'Neill announces that U.S. District Chief Judge Anne C. Conway today sentenced Paul C. Lorenz, III (62, Casselberry, Florida) to life in federal prison for aggravated sex abuse of minors, production of child pornography and possession of child pornography. The court also ordered Lorenz to pay more than $72,000 in restitution to the victims of the offenses and to forfeit his interest in the computers and video cameras that he used to commit the offenses.
Lorenz pleaded guilty on September 24, 2012. “Today’s sentence sends a clear message about the priority that we place upon protecting our children from criminals like this,” said U.S. Attorney Robert O’Neill. “Together, along with our law enforcement partners, we will continue to vigorously investigate and prosecute serious offenses such as these, and work to pursue the stiffest penalties under the law.” According to court documents, Lorenz babysat several children while employed as a maintenance technician at a Church in Pasadena, Maryland. During this time, he sexually abused a young girl under his care over the course of approximately six years, beginning when she was five years-old. Lorenz recorded the abuse using his digital camera and video recorder and stored the pictures and videos on his hard drive. He moved to Casselberry, Florida in October, 2011 and brought the videos with him. Last year, in January, 2012 and March, 2012, Lorenz returned to Maryland to assist with family issues. While in Maryland, he babysat another five year-old girl and sexually abused her. As he had done with his previous victim, Lorenz recorded the abuse and stored the pictures and videos on his computer.
Lorenz returned to Florida in April 2012. A few weeks later, law enforcement officers learned of the abuse, obtained a search warrant for Lorenz’s home and seized his computers and cameras. A computer forensics examiner located over 14,000 pictures and 1,500 videos documenting Lorenz’s abuse of the two children on Lorenz’s electronic storage devices. In addition, the examiner located thousands of images of child pornography documenting the sexual abuse of unidentified children on Lorenz’s storage devices. Lorenz told investigators that he had downloaded the child pornography images from the Internet during the previous fifteen years.
This case was investigated by the Seminole County Sheriff”s Office, the Anne Arundel County Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Karen L. Gable.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. For more information about internet safety education, please visit www.projectsafechildhood.gov and click on the tab "other resources."
Winter Park Man Sentenced to Seven Years in Federal Prison for Distribution of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Charlene E. Honeywell sentenced Brian Mirth (29, Winter Park) yesterday to seven years in federal prison for distributing child pornography. As part of his sentence, Mirth was ordered to serve a 10-year term of supervision, following his release from prison, and required to register as a sex offender. Mirth pleaded guilty to distributing child pornography on October 31, 2013.
According to court documents, on May 21, 2013, agents executed a search warrant at Mirth’s Winter Park residence where they recovered a computer and external hard drive containing images and videos of child pornography. Agents interviewed Mirth at his residence, and he admitted to collecting and trading child pornography using an anonymous e-mail address that agents had identified from another investigation. A forensic examination later revealed that Mirth’s computer and external hard drive contained hundreds of images of child pornography and videos.
“Child exploitation can extend across state lines and country borders because predators can access child pornography with a click of a button,” said Susan McCormick, special agent in charge of Homeland Security Investigations Tampa, which oversees the Orlando office that conducted this investigation. “HSI has offices across the United States and in 48 countries across the globe. This maximizes our reach, and helps us put child predators behind bars, regardless of where the investigation originates.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney James D. Mandolfo.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Former Bureau of Prisons and Customs and Border Protection Employee Indicted for Impersonating A Federal Officer and Making False Statements to Federal InvestigatorsRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal grand jury in Puerto Rico has returned an indictment charging Carlos Barros-Villahermosa (47, Puerto Rico) with impersonating a federal employee and making false statements to federal agents. Barros-Villahermosa was employed with the Bureau of Prisons from July 1991 through September 2002. Thereafter, he was an employee of Customs and Border Protection through May 2004. If convicted, he faces a maximum penalty of three years’ imprisonment on the impersonation charge, and up to five years in federal prison for making false statements.
According to the indictment, on or about September 11, 2010, Barros-Villahermosa impersonated a federal employee by representing himself as a Bureau of Prisons officer during a traffic stop conducted by a Puerto Rico Police Department Officer. The indictment also alleges that, on June 21, 2011, Barros-Villahermosa made false statements to federal agents during the investigation for impersonating a federal officer.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Homeland Security Investigations Office of Professional Responsibility and the Department of Justice Office of the Inspector General. It will be prosecuted by Assistant United States Attorney Carlos A. Perez-Irizarry, Middle District of Florida.
Winter Park Man Sentenced to 8 Years in Federal Prison for Distribution and Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Charlene E. Honeywell today sentenced Robert Magruder, Jr. (55, Winter Park) to 8 years in federal prison for distributing and possessing child pornography. As part of his sentence, Magruder was ordered to serve a 10-year term of supervision, following his release from prison, and required to register as a sex offender. The court also ordered Magruder to forfeit the devices he used to possess and distribute the child pornography. Magruder pleaded guilty on October 31, 2013.
According to court documents, on April 5, 2013, Magruder made files of child pornography available for download by other individuals by placing the files into a shared folder of an online peer-to-peer file sharing network. On this same date, from Magruder’s computer, an undercover Task Force Agent downloaded three sets of videos depicting children less than 12 years of age being sexually abused, exploited, and subjected to sadistic or masochistic conduct. Magruder was subsequently identified by the Federal Bureau of Investigation as the user of the computer that distributed the images.
On June 12, 2013, agents interviewed Magruder at his residence. He admitted that he used the peer-to-peer file sharing program to search for and collect child pornography, and acknowledged that he was aware that files in his shared folder were available for download by other individuals. Agents also executed a search warrant at Magruder’s residence and seized electronic devices containing several images and videos of child pornography as well as evidence of Magruder’s use of the peer-to-peer file sharing program that he used to distribute the child pornography.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
United States Settles False Claims Act Lawsuit Against Florida Pain Clinic and Its OwnerRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announced today that a Florida-based physician, Dr. Steven Chun, has agreed to pay $750,000 to resolve allegations that he and his clinic billed Medicare for physician office visits that he did not perform.
The United States alleges that, between 2006 and 2011, Dr. Chun owned and operated a clinic, first in Sarasota and then in Bradenton, called Sarasota Pain Associates. The United States alleges that, beginning in 2006, Dr. Chun billed Medicare for office visits at the highest levels possible, falsely claiming to have conducted comprehensive examinations of patients with complex problems. In fact, those patients visited Sarasota Pain Associates for scheduled procedures for which Dr. Chun was paid. In addition to getting paid for those procedures, Dr. Chun billed and was paid by Medicare for examinations that he did not in fact perform."This settlement is a significant achievement by our Civil Division, which showed great determination in pursuing a troubling pattern of billing fraud," said U.S. Attorney A. Lee Bentley, III. "This case should send a message that we will not tolerate this kind of health care fraud in the Middle District of Florida."
"Count on my agency to aggressively pursue cases whether the target is a large corporation or a single provider," said Christopher B. Dennis, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General Miami region. "Besides a significant payment, Dr. Chun has agreed to let an independent organization review his claims for three years and then report to the government."
The allegations covered by the settlement were raised in a lawsuit filed by Cathia Gavin and Penelope Thomas, who both formerly worked as nurses for Dr. Chun. The suit was filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for the submission of false claims and to receive a share of any recovery. The False Claims Act authorizes the United States to intervene in such lawsuits and take over primary responsibility for settling or litigating them.
In addition to the $750,000 payment, Dr. Chun will enter into a three-year Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General. The agreement requires Dr. Chun to attend training courses provided by the Centers for Medicare and Medicaid Services and to conduct an independent external review of his coding, billing, and claims submission to federal health care programs.
This settlement illustrates the government’s emphasis on combating health care fraud. 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 $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The investigation of this matter reflects a coordinated effort among the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Middle District of Florida, and the U.S. Department of Health and Human Services’ Office of Inspector General.
The lawsuit is captioned U.S. ex rel. Gavin v. Sarasota Pain Associates, P.A. and Steven Y. Chun, M.D., 6:11-cv-583-T-23TBM (M.D. Fla.). The claims asserted against the defendants are allegations only, and there has been no determination of liability.
Palatka Man Sentenced to More Than 8 Years in Federal Prison for Receiving and Possessing of Child PornographyRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard sentenced Travis Rocky Dixon (36, Palatka) yesterday to 8 years and 9 months in federal prison for receiving and possessing videos of child pornography using the Internet. In addition, he was ordered to serve a 10-year term of supervision, following his incarceration, and to register as a sex offender. A federal jury found Dixon guilty on November 15, 2013.
According to testimony and evidence introduced during the trial, during 2011, two different law enforcement officers downloaded videos depicting child pornography over the Internet from a host computer using Internet Protocol (IP) addresses that resolved back to Dixon’s residence in Palatka. On January 18, 2012, a federal search warrant was executed at the residence. FBI Forensic examiners entered the residence and discovered that Dixon’s computer was, at that time, actively downloading video files with titles indicative of child pornography. During an interview, Dixon told agents that he was the primary user of the computer, that he used a file sharing program to download video files of young girls, and that he had been looking at child pornography for about one year. A forensic analysis of Dixon’s computer revealed that it contained at least 64 videos depicting children engaged in sexually explicit conduct.
This case was investigated by the Federal Bureau of Investigation in Daytona Beach, Miami, and Jacksonville, the Clewiston (FL) Police Department, and the Putnam County Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Former President of Galiano Career Academy Sentenced for Theft of Federal Funds, Obstruction of A Federal Audit, and Aggravated Identity TheftRead the Press Release
Orlando, FL – U.S. District Judge Roy B. Dalton today sentenced Michael Gagliano (50, Sanford) to four years in federal prison for theft of government property, obstruction of a federal audit, and aggravated identity theft. As part of his sentence, the court also ordered restitution and entered a money judgment in the amount of $2,105,761.00, the proceeds of the charged criminal conduct. Gagliano pleaded guilty on August 16, 2013.
According to court documents, Galiano Career Academy, Inc. (GCA), located in Altamonte Springs, was a for-profit trade school, offering career programs such as Medical Assistant, Medical Billing and Coding, Pharmacy Technician, Travel Counselor, and Travel and Tourism Specialist. Gagliano was GCA’s President and School Director. GCA was approved by the United States Department of Education (DOE) to administer Federal Student Assistance (FSA) programs, including the Federal Family Education Loan Program (FFEL) and the Federal Pell Grant program, which offered assistance to eligible students participating in post-secondary education at eligible institutions. GCA also received financial assistance for job training from Workforce Central Florida (WCF), a permanent placement agency, that helps employers connect with central Florida job seekers.
Gagliano used Columbus Academy, a high school “diploma mill” owned and operated by his wife, to make students eligible for FSA when they otherwise would not have been qualified. The GCA students who “graduated” from Columbus Academy were not eligible to receive the federal funds since these students did not receive a real high school education. From July 2007 through July 2010, 176 ineligible students who were enrolled at GCA, through Columbus Academy, received $1,221,878.00 in Direct Student Loan funds and $715,708.00 in Pell grant funds. Additionally, GCA received federal funds from the United States Department of Labor and WCF for ineligible students who attended GCA. As a result, GCA unlawfully received $168,175.00 in funds for unqualified students.
On July 13, 2009, the DOE Office of Federal Student Aid conducted a program review of GCA. The review was conducted to assess GCA’s administration of the financial aid programs in which it participated. During the program review, Gagliano tampered with student records and placed a recording device in the auditor’s room to secretly monitor their conversations. The investigation also revealed that GCA/Gagliano electronically submitted the name and social security number of a student to the DOE in order to obtain loan funds on the student’s behalf, well after the student stopped attending GCA. Gagliano falsified the student’s attendance records to indicate that she was in attendance at GCA.
This case was investigated by U.S. Department of Education, Office of Inspector General and the U.S. Department of Labor, Office of Labor Racketeering and Fraud Investigation. It was prosecuted by Assistant United States Attorney David Haas.
Federal Jury Finds Sarasota Convicted Felon Guilty of Firearm PossessionRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury today found Tory Lenard James (32, Sarasota) guilty of being a felon in possession of a firearm. James faces a maximum penalty of ten years in federal prison. His sentencing hearing is scheduled for May 16, 2014.
According to testimony and evidence presented at trial, on July 25, 2013, members of the Sarasota Police Department executed a search warrant at James’s residence. Inside the home, law enforcement officers found a loaded .22 caliber pistol.
At the time of the incident, James was a convicted felon. His prior felonies include robbery and multiple drug charges. As a convicted felon, James is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Sarasota Police Department. It is being prosecuted by Assistant United States Attorneys Carlton C. Gammons and Shauna Hale.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Julie Leon, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime and improving the quality of life in communities where law enforcement efforts are focused.
Jacksonville Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Sean-Michael Smith (25, Jacksonville) today pleaded guilty to distribution of child pornography. Smith faces a mandatory minimum penalty of 5 years, up to 20 years in federal prison. A sentencing date has not yet been set. Smith was indicted on August 8, 2013.
According to court records, on July 3, 2013, a St. Johns County detective was actively investigating computer users who were distributing child pornography via a peer-to-peer file sharing network over the Internet. On that same date, the detective was able to successfully download three videos depicting minors engaging in sexually explicit conduct from an Internet Protocol (IP) address registered to Sean-Michael Smith. Based on this information, the Federal Bureau of Investigation (FBI) obtained a search warrant for Smith’s residence. When the warrant was executed, on August 2, 2013, Smith admitted to previously downloading and viewing child pornography, including one of the videos downloaded by the detective on July 3, 2013. Smith also stated that he had been viewing child pornography for 10 years, and admitted that whenever the file sharing program on his computer was active, any content in the shared folder would be available for downloading by other users on the file sharing network.
This case was investigated by the Federal Bureau of Investigation, Florida Department of Law Enforcement and St. Johns County Sheriff’s Office. It is being 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 the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Tax Return Preparer Sentenced to 15 Years in Prison for Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara today sentenced Kenyon Lamont Williams to 15 years in federal prison for a stolen identity refund fraud conspiracy. As part of his sentence, the court also entered a money judgment in the amount of $1,575,304.49, the proceeds of this tax fraud conspiracy. In addition, the court ordered Williams to pay $1,013,285.00 in restitution to the Internal Revenue Service.
Williams was found guilty after a jury trial on November 1, 2013.
According to testimony and evidence presented at trial, Williams worked in San Diego, California as a certified tax return preparer. Between 2007 and 2010, he worked for a national company as a part-time seasonal tax preparer. Around the beginning of 2011, Williams opened his own tax preparation service, which he operated out of his residence.
On January 25, 2012, Williams called his friend and fellow tax return preparer, Alesia Spivey, who lived in Tampa. Spivey and Williams discussed the 2012 tax season and Williams's desire to maximize the refund amounts for his clients. During this conversation, Williams solicited information from Spivey regarding methods to increase refunds. Spivey and Carlista Hawls, another co-conspirator, explained to Williams that individuals in Tampa were using a particular interest income scheme to file bogus tax returns with the IRS. Spivey advised Williams on how to fill out the tax returns to employ this interest income scheme. Between January 25 and July 19, 2012, Williams prepared and filed 168 fraudulent tax returns for tax year 2011, using bogus interest income figures provided by Spivey and Hawls. In addition, during this time period, Williams filed several hundred more tax returns from San Diego, employing other fraudulent claims to obtain refunds from the IRS.
On March 2, 2012, Spivey and Hawls flew to San Diego to meet with Williams. During the trip, Williams provided Spivey and Hawls with a list of names, dates of birth, and social security numbers for purposes of preparing and filing fraudulent tax returns in Tampa. Most of the individuals on the list were homeless, unemployed, or incarcerated. Williams also gave Spivey and Hawls a stack of U.S. Navy blood donor records so they could use the identities of servicemen and servicewomen to file bogus tax returns. Spivey and Hawls used the first list to file fraudulent tax returns with the IRS, but Spivey refused to use the list of military personnel because her son was in the U.S. Marine Corp.
Williams was arrested in January 2013, and released on bond with various conditions, including that he could not prepare or file tax returns for any third parties. Within two weeks of his release, Williams began filing tax returns for the 2013 tax season. By April, he had filed 381 tax returns, most of which were fraudulent. Upon discovery, the court revoked Williams’s bond and he remained detained pending trial.
This case was investigated by the Internal Revenue Service, Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Simon Gaugush and Adam Saltzman.
St. Petersburg Man Sentenced to 8 Years for Possession of Child PornographyRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara today sentenced Barry Anthony McGill (30) to 8 years in federal prison for possession of child pornography. The court also ordered McGill to forfeit two computers traceable to the offense. McGill pleaded guilty on November 26, 2013.
According to court documents, an undercover agent downloaded multiple files depicting child pornography from McGill, in August 2013. On October 1, 2013, federal agents executed a search warrant at McGill’s residence. During an interview with agents, McGill confessed to downloading images of child pornography and making them available for others via the Internet. Agents also seized McGill’s computers and found that they contained images of child pornography.
This case was investigated by the Federal Bureau of Investigation, the St. Petersburg Police Department, the Largo Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Joseph W. Swanson.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Computer Networking Expert Sentenced to 8 Years in Prison for Receipt and Possession of Child PornographyRead the Press Release
Orlando, FL – U.S. District Judge Roy B. Dalton, Jr. sentenced Juan Gonzalez (60, Palm Bay) earlier this week to 8 years in federal prison for receipt and possession of child pornography. As part of his sentence, he was also ordered to serve a 10-year term of supervision, following his incarceration. Gonzalez pleaded guilty on July 8, 2013.
According to court documents, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) began investigating an Internet Protocol (IP) address that was located at a home in Palm Bay, Florida, where images of child pornography were available for download via a peer-to-peer file sharing program. HSI agents then executed a search warrant at the Palm Bay residence. However, after searching the residence and speaking to the home’s occupant, the agents learned that the occupant’s former neighbor, Juan Gonzalez, had been using the occupant’s wireless signal to download and view child pornography, without the occupant’s permission.
Further investigation identified numerous IP addresses, through different Internet service providers, that Gonzalez used to download and view child pornography. Employing his knowledge of computers, Gonzalez used Internet service providers that allowed him to direct his Internet traffic through Virtual Private Network services to obtain IP addresses, which may geo-locate to a different part of the country or the world. On December 13, 2013, agents connected to Gonzalez’s assigned IP address at his new home in Palm Bay and found dozens of files indicative of child pornography. During an interview with agents, Gonzalez admitted to having a large amount of child pornography on his computers. He also stated that he had been viewing child pornography for more than ten years. A forensic analysis of Gonzalez’s computers and electronic equipment revealed 174 movies and more than 1,200 still images of child pornography.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Joseph M. Schuster.It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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.projectsafechildhood.gov.
Customer Service Representative Sentenced for Issuing Fraudulently Obtained Florida Driver LicensesRead the Press Release
Orlando, Florida – U.S. District Judge Charlene Honeywell yesterday sentenced Walter Brown (42, Kissimmee) to 2 years and 1 day in prison and 25 hours of community service for aggravated identity theft and conspiracy to produce fraudulently-obtained driver licenses. Brown pleaded guilty on December 13, 2013.
According to court documents, Brown was a Customer Service Representative in the Office of the Osceola County Tax Collector. Brown’s primary duty was to issue driver licenses and identification cards. Court documents show that, in his capacity, he issued more than 250 Florida Driver Licenses and identification cards to individuals who may not have been legally entitled to the documents. In some instances, Brown issued fraudulent driver licenses and identification cards in multiple identities, to the same person. For each fraudulently-issued piece of identification, Brown made an estimated $300 - $700.
The Osceola County Tax Collector’s Office reported Brown to law enforcement after internal controls revealed suspicious activity involving his issuance of Florida State Driver Licenses and identification cards. The Tax Collector’s Office cooperated fully in the investigation and Brown was terminated from his employment.
"Identity and document fraud poses a significant threat to our country's national security. This individual fraudulently issued identity documents to hundreds of individuals with no regard for the people whose identities were compromised," said Susan McCormick, special agent in charge of Homeland Security Investigations Tampa, which oversees the agency's Orlando office that conducted this investigation. "Thanks to cooperation from the Osceola County Tax Collector's Office, we were able to dismantle this scheme."
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Department of State‘s Bureau of Diplomatic Security Services, and the Florida Highway Patrol’s Bureau of Criminal Investigations and Intelligence. It was prosecuted by Special Assistant United States Attorney Myrna Amelia Mesa.
Tampa Man Sentenced to Federal Prison for Possessing Destructive ExplosivesRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced James Lee Minyard (42, Tampa) to 30 months in federal prison for possessing destructive explosives. Minyard pleaded guilty on December 12, 2013.
He was originally indicted on August 14, 2013.
According to court documents, pursuant to a search of Minyard’s residence, law enforcement found multiple explosive devices and chemicals commonly used for explosive devices, including a powerful and destructive explosive named Triacetone Triperoxide (TATP). The search also uncovered a homemade remote control used to detonate explosive devices. During an interview with law enforcement, Minyard admitted to knowingly possessing these explosive devices and to manufacturing TATP. Three of the explosive devices found were firearms (destructive devices) that contained TATP, and were designed to be used as weapons.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Tampa Police Department, with the assistance of the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
This case is also a part of ATF’s Frontline strategy - a comprehensive violent crime impact strategy that consolidates limited federal law enforcement resources and focuses ATF’s mission by deconflicting cases and coordinating all law enforcement efforts in critical communities.
More Than $10 Million to Be Returned to Victims of Traders International Return Network FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that the U.S. Department of Justice has authorized the return of $10,129,254.56 to victims of the Traders International Return Network (TIRN) fraud. Operators of TIRN deceived investors by making claims that investments in TIRN, as advertised on www.MyTirn.com, would yield exceptionally high returns not achievable anywhere in the legitimate business world. These claims were made via the Internet and at business opportunity meetings. Specifically, investors were told they could receive between 9% and 22% in returns on their investment, per month. While TIRN advertised on its website that investments were made in the FOREX market, the buying and selling of commodities, the purchase of gold mines in Africa, and the buying and selling of real estate, such investments were not actually made on behalf of TIRN's investors.
TIRN investors were not actually told where their money was being invested. TIRN's website merely indicated that it “pool[ed] investor funds” for the investments and that "professional money managers" managed such investments. However, federal law requires that entities or individuals be licensed and registered in order to serve as a pool operator for the purpose of purchasing commodities. Neither TIRN nor any of its operators held any type of investment license with the National Futures Association or the Commodities and Futures Trading Commission.
In total, TIRN collected more than $15 million from more than 500 investors (both domestic and international). TIRN’s operators misappropriated some of those investors' funds for their own personal benefit. They used the money to purchase vehicles, buy homes, pay off home mortgages, and also sent money to accounts that they controlled both in the United States and overseas.
The U.S. Attorney’s Office completed the criminal forfeiture against more than $10 million worth of assets obtained through the TIRN fraud. Three individuals were prosecuted for their roles in this scheme. David Merrick, Japheth Paramanandam, and Nathan Betances all received prison sentences (8 years, 5 years and 5 years, respectively) as a result of their roles in the fraud.
“The enforcement of asset forfeiture laws is an integral part of our law enforcement mission,” said U.S. Attorney A. Lee Bentley, III. “By recovering the ill-gotten gains of criminals, and returning them to victims, we hope to send a clear message to the public – that we will use every tool available to disrupt and dismantle criminal activities, and take the profit out of crime.”
This case was investigated by the United States Secret Service. The forfeitures were handled by Assistant United States Attorney Nicole Andrejko.
Victims of this scheme were notified throughout the criminal process, and as a result, had an opportunity to share in the forfeiture proceeds. Official decisions and remission distributions have already occurred. The Department of Justice is no longer accepting petitions for remission.
Jacksonville Man Indicted by Federal Grand Jury for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Shaun Andrew Copenhaver (28, Jacksonville) was indicted by a federal grand jury yesterday on three counts of receiving child pornography over the Internet. He faces a mandatory minimum penalty of 5 years, up to 20 years in federal prison on each of the three counts. Copenhaver was arrested pursuant to a criminal complaint on February 6, 2014. On February 10, 2014, he was ordered detained pending the resolution of the case. His arraignment is scheduled for February 19, 2014, at 2:00 p.m., before United States Magistrate Judge Monte C. Richardson.
According to the criminal complaint, on February 6, 2014, agents with the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Jacksonville Sheriff's Office executed a federal search warrant at Copenhaver's residence, after conducting an undercover online investigation. Copenhaver was at the residence and was interviewed by agents. During the interview, Copenhaver indicated that he used a particular file sharing program and certain search terms to search for and download child pornography videos “many times,” and that he had saved child pornography to his hard drive on his desktop computer. He stated that the hard drive was encrypted with a password, and that he knew child pornography would be discovered on the drive. An onsite examination of one of Copenhaver's computer disk drives revealed that it contained child pornography.
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 investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Woman Pleads Guilty to Bank Robbery Spree in Marion and Pinellas CountiesRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces that Renita Mount Rayner (53, St. Petersburg) today pleaded guilty to three counts of robbery of a federally-insured financial institution, and one count of possession of a firearm in furtherance of a crime of violence. She faces a maximum penalty of life in federal prison. A sentencing date has not yet been scheduled. Rayner was indicted on December 18, 2013.
According to facts presented at the hearing today, Rayner entered an Ocala branch of Alarion Bank, on November 12, 2013, and handed a teller a note that read, “Have gun. Will use it. Give me all the money.” Rayner then opened her purse and pointed to a handgun that was inside. After obtaining $1,940, Rayner dropped her demand note after a brief struggle with the teller. Rayner then fled the bank in a red Honda automobile.
Detectives subsequently identified Rayner’s thumbprint on the recovered demand note. They also confirmed that Rayner’s car matched the description of the getaway vehicle. Days after the robbery, Rayner was arrested on unrelated charges in the Tampa area. At the time of her arrest, she had $1,602 in cash still inside of her purse.
Subsequent investigation showed that Rayner had committed at least two other robberies in the previous three months. On August 7, 2013, she had walked into a Grow Financial Credit Union branch in St. Petersburg. During that robbery, Rayner produced a note that read, “Give me all your money, do not give a dye pack.” After obtaining $3,348, Rayner fled the credit union in the same red getaway car. When surveillance images of the robbery were released to the media, however, one of Rayner’s long-time friends recognized her as the robber and contacted authorities.
On September 5, 2013, Rayner also robbed a Dunedin branch of BB&T bank. In that incident, she handed a note to a bank employee that read, “Give me all your money, I have a gun and I am not afraid to use it.” After taking $2,740, Rayner fled the bank and threw away a wig and sunglasses that she had used as a disguise during the robbery. Investigators ultimately recovered the demand note and the disguise in a nearby trash can. One of Rayner’s fingerprints was located on a lens of the sunglasses. Her DNA was later confirmed on the discarded wig.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Marion County Sheriff’s Office, Pinellas County Sheriff’s Office, City of St. Petersburg Police Department, and the State Attorney’s Offices for Marion and Pinellas Counties. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Michigan Man Indicted for Embezzling More Than $2.3 Million from Vineyards Development Corp. in NaplesRead the Press Release
Fort Myers, Florida –United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Alfred W. Lenz (68, Montague, Michigan) with three counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison on each count. The indictment also notifies Lenz that the United States intends to forfeit a house in Montague, Michigan, and the contents of a Charles Schwab Retirement Account, which are alleged to be traceable to proceeds of the offenses. In addition, the United States is seeking a money judgment in the amount of $2,380,465.11, the proceeds of the wire fraud scheme.
According to the indictment, Lenz was the Controller for the Vineyards Development Corporation (VDC) in Naples, Florida, from March 31, 2005 until April 27, 2012. Between January 11, 2007 and December 9, 2010, while employed as VDC Controller, Lenz allegedly embezzled $2,380,465.11 from VDC. He used the money to buy real estate and for other personal expenses. Lenz used his position to hide eighty-seven $24,000 check payments, totaling $2,088,000, to an account which he controlled. Lenz made false entries in the VDC books and concealed the true nature of these check payments. He also caused seven wire transfers, totaling $292,465.11, to be sent from VDC’s bank account, into a bank account that he controlled.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Secret Service and the Collier County Sheriff’s Office, Economic Crimes Unit, with assistance from the Office of the State Attorney, Twentieth Judicial Circuit. It will be prosecuted by Assistant United States Attorney David G. Lazarus.
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Tampa Felon Convicted of Firearm PossessionRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Antouin L. Barker (43) guilty of being a felon in possession of a firearm. Barker faces a mandatory minimum sentence of 15 years’ imprisonment, up to a maximum penalty of life imprisonment. His sentencing hearing is scheduled on May 15, 2014. Barker was indicted on May 1, 2013.
According to testimony and evidence presented at trial, on February 12, 2013, after sunset, Barker was riding his bicycle against traffic and without lighting equipment on 127th Avenue East, in Tampa. When stopped by members of the Hillsborough County Sheriff’s Office for the traffic infractions, Barker repeatedly put his hands in his pockets, despite repeated warnings not to do so. Barker verbally consented to a search, but ultimately put his hands back in his pockets and turned away from the deputies. Fearing for their safety, deputies removed Barker’s hands from his pockets, and patted him down. During the search, a small .22 caliber revolver was found in Barker’s right front shorts’ pocket. The gun was loaded with one live round, and four spent bullets.
At the time of the incident, Barker was a previously convicted felon. His prior felonies include drug charges, aggravated battery, grand theft, and burglary. As a previously convicted felon, Barker is prohibited from possessing a firearm or ammunition under federal law.> This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Mark E. Bini.
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 Julie Leon, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
It is also a part of ATF’s Frontline strategy to reduce violent crime and improving the quality of life in communities where law enforcement efforts are focused.
Orlando Man Pleads Guilty to Impersonating A DEA Agent and Unlawful Possession of A FirearmRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that William Benjamin Mejias (41, Orlando) today pleaded guilty to impersonating a Drug Enforcement Administration agent and possession of a firearm by a convicted felon. Mejias faces a maximum penalty of thirteen years in federal prison. A sentencing date has not yet been set.
According to the plea agreement and court documents, Mejias appeared at nightclubs in Orlando dressed in clothes that identified him as an agent with the Drug Enforcement Administration (DEA). Mejias wore authentic-looking DEA badges, carried a firearm and reportedly told several people that he was a DEA agent. He also posted photos of himself on social media websites wearing DEA clothes, a DEA badge, and a firearm. In September 2013, local police officers conducted a traffic stop on Mejias and he displayed a DEA badge and credentials to get out of the ticket. During a later search of Mejias’s residence, agents found a loaded semi-automatic firearm.
Mejias was convicted of three separate felony burglaries in 1994, 1995, and 1996, and was therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by Federal Bureau of Investigation and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Middleburg Man Pleads Guilty to Making False Statements to the FAA and Illegally Piloting an AircraftRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Reginald Wayne Sibley, Jr. (39, Middleburg) today pleaded guilty to making false statements and representations to the Federal Aviation Administration (FAA) and illegally piloting an aircraft in air transportation. Sibley faces a maximum penalty of eight years in federal prison. His sentencing hearing is scheduled for May 12, 2014.
According to the plea agreement, Sibley was certified by the FAA to serve as a pilot in command of Lear Jet aircraft only. As part of the FAA certification process, Sibley was required to undergo annual medical examinations to determine his medical fitness as a pilot. On June 1, 2009, Sibley stated on his FAA airmen medical certificate application form that he did not have a criminal history, when in fact, he had at least three criminal convictions. An investigation also revealed that, on October 8, 2009, Sibley was the pilot in command of a Gulfstream aircraft that departed from the Orlando Executive Airport and landed at an airport in California. After landing, Sibley claimed, to an FAA representative, that he was “rated” to fly the Gulfstream aircraft that he was piloting. The FAA informed Sibley that it had no record of his “rating” for this kind of aircraft and recommended that Sibley not continue to fly the aircraft to his next destination. Sibley disregarded the FAA and proceeded to board passengers onto the aircraft and fly to another location, in California. The investigation confirmed that Sibley was not authorized or “rated” to fly the Gulfstream aircraft, which he operated on October 8, 2013.
This case was investigated by the U.S. Department of Transportation, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
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Lakeland Man Pleads Guilty to Sex Trafficking and Child Pornography ChargesRead the Press Release
Tampa, Florida– United States Attorney A. Lee Bentley, III announces that Michael Gallon (48, Lakeland) pleaded guilty last week to sex trafficking of a minor by force, fraud or coercion and distribution of child pornography. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, Gallon was a “pimp” who was operating in the state of Florida and southeastern United States. He recruited adult and minor aged females to join his “dance team.” Gallon then transported the females to bachelor parties and house parties that he arranged. The females danced and performed acts of prostitution at the parties. Gallon set up “VIP” rooms at each of the parties, where he would encourage the females to engage in commercial sex acts. Gallon charged the women to use the “VIP” rooms; he also kept most of the money the women earned. Law enforcement has identified at least twelve minor-aged victims of Gallon’s crime.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Lakeland Police Department. It is being 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 the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
St. Augustine Sex Offender Sentenced to 15 Years in Federal Prison for International Transportation of Child PornographyRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard today sentenced Charles Lee Gorish (67, St. Augustine) to 15 years in federal prison for transporting images and videos of child pornography from Florida to Canada. He was also ordered to serve a 10-year term of supervision, following his incarceration, and to register as a sex offender. Gorish pleaded guilty on October 23, 2013. He has been in custody since his arrest in St. Augustine, on September 7, 2012.
According to court documents, Gorish used a fake name to send a package, via FedEx from St. Augustine, to an individual in Ontario, Canada. The package was intercepted by Canadian law enforcement officers. It contained, among other things, two micro SD media cards containing more than 600 images and videos depicting child pornography, and thousands of images of child erotica. Canadian officials notified the St. Johns County Sheriff's Office (SJCSO), the Federal Bureau of Investigation and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations regarding the seizure of this package. Further investigation revealed that Gorish is a registered sex offender. He was convicted in Hillsborough County, Florida on February 24, 1992 of three counts of lewd and lascivious conduct on a minor child.
On September 7, 2012, FBI agents and SJCSO personnel executed a federal search warrant at Gorish's residence in St. Augustine. During an interview, Gorish admitted that he downloaded the files depicting the sexually explicit images of young boys on the SD cards from the Internet, over a period of years. Gorish was subsequently arrested.
This case was investigated by the Canadian Border Services Agency, Ottawa Police Services, the St. Johns County Sheriff's Office, the Federal Bureau of Investigation, 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 was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Bradenton Felon Charged in Firearm and Drug CrimesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Brandon Taylor (24, Bradenton). The five-count indictment charges Taylor with two counts of being a felon in possession of a firearm, and three counts of possession with intent to distribute and distribution of cocaine base. If convicted, Taylor faces a maximum of 20 years in federal prison for each narcotics offense and up to 10 years’ imprisonment for each firearms offense. The indictment also notifies Taylor that the United States intends to forfeit the firearms and ammunition, along with any narcotics proceeds traceable to the offenses.
According to his indictment, Taylor distributed cocaine base on August 16, 2013, August 23, 2013, and September 9, 2013. He is also charged with possessing an Armscor .45 caliber pistol and 8 rounds of.45 caliber ammunition on August 23, 2013, and 11 rounds of .45 caliber ammunition on September 9, 2013.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Manatee County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Adam M. Saltzman.
It 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 Julie Leon, 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.
This case is also a part of ATF’s Frontline Strategy to reduce crime in our communities. Frontline is a comprehensive violent crime impact strategy that consolidates limited federal law enforcement resources and focuses ATF’s mission by deconflicting cases and coordinating all law enforcement efforts in critical communities.
Hillsborough County Man Charged in Federal Court for Transportation and Receipt of Child PornographyRead the Press Release
Tampa, FL –United States Attorney A. Lee Bentley, III announces the return by a grand jury of an indictment charging Jonathan Newhall (28, Brandon) with transportation and receipt of child pornography. If convicted, Newhall faces a mandatory minimum penalty of 5 years, up to a maximum penalty of 20 years in federal prison on each count.
According to the indictment, between May 2013 and January 2014, Newhall transported and received child pornography over the Internet. On January 10, 2014, a federal search warrant was executed at Newhall’s residence. Numerous images and videos of child pornography were found in his e-mail account, on his iPhone, and on his computer.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Federal Bureau of Investigation, Hillsborough County Sheriff’s Office, and the Tampa Police Department. It will be 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 the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Apopka Man Convicted of Armed Bank RobberyRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury today found Dale Matthews Clar (46, Apopka) guilty of two counts of bank robbery with assault and two counts of using and carrying a firearm during and in relation to a crime of violence. Clar faces a maximum penalty of 25 years in federal prison for the bank robbery convictions, followed by a mandatory minimum consecutive penalty of 32 years’ imprisonment on the firearms offenses. His sentencing hearing is scheduled for April 28, 2013.
Clar was indicted on September 25, 2013.
According to testimony and evidence presented at trial, on January 4, 2013, April 3, 2013, and September 6, 2013, Clar robbed the Chase Bank in Apopka, at gunpoint. He stole a total of approximately $18,000 during the three robberies. During each robbery, Clar rushed into the bank wearing a full ski mask. He pointed his gun at bank employees and customers and demanded cash from the tellers. When Clar fled the bank, he covered his license plate to avoid being caught.
On September 6, 2013, he covered his license plate with a temporary registration tag associated with his vehicle. He also attempted to further avoid suspicion, by placing a Domino’s Pizza delivery sign on the top of his car. Police located Clar and arrested him near his home. A subsequent search of Clar’s vehicle revealed Clar’s disguise, a Glock 9mm handgun, and thousands of dollars in cash that he had just stolen from the bank.
This case was investigated by the Federal Bureau of Investigation and the Apopka Police Department. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
Leader of Colombian Drug Trafficking Organization Pleads Guilty to Cocaine Importation ConspiracyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Jose Samir Renteria-Cuero, a/k/a Jose Morfi (51, Cali, Colombia, South America) today pleaded guilty to conspiring with others to distribute five (5) kilograms or more of cocaine, on board a vessel subject to the jurisdiction of the United States. Renteria-Cuero faces a mandatory minimum penalty of ten years in federal prison, up to a maximum term of life imprisonment.
According to the plea agreement, Renteria-Cuero was involved in maritime cocaine smuggling operations from the 1980s until at least 2009. He started out as a mechanic, servicing go-fast vessels (GFVs) and participating in GFV smuggling operations. Eventually, he acquired GFVs and self-propelled semi-submersible (SPSS) vessels and recruited mariners to participate in maritime cocaine smuggling operations. Renteria-Cuero worked with others to transport and store cocaine in Colombia, construct and repair GFVs and SPSS vessels, and dispatched those stateless vessels from Colombia. Renteria-Cuero provided maritime cocaine transportation services aboard stateless vessels that were used to smuggle cocaine from Colombia to Mexico, via the Pacific Ocean, in international waters, knowing and intending that the cocaine would ultimately be imported unlawfully into the United States. Many of these ventures involved at least 1,000 kilograms of cocaine.
Renteria-Cuero was arrested in Cali, Colombia in March 2012, and subsequently extradited to the United States, first arriving at a place in the Middle District of Florida.
This case was investigated by the Panama Express South Strike Force, a standing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation comprised of agents and analysts from the Federal Bureau of Investigation, the Drug Enforcement Administration, Homeland Security Investigations, the United States Coast Guard Investigative Service, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case is being prosecuted by Assistant United States Attorney Christopher F. Murray.
Kissimmee Man Pleads Guilty to over $1 Million in Tax EvasionRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Walter Medlin (70, Kissimmee) pleaded guilty today to tax evasion. He faces a maximum penalty of 5 years in federal prison. His sentencing hearing has not yet been scheduled.
Medlin was charged on November 10, 2013.
According to court documents, Medlin received more than $7.5 million in income from the sale of an interest in a landfill. Rather than report that income on his tax return, he attempted to evade his taxes by using several limited partnerships to conduct transactions for his benefit. As the result of a prior United States Tax Court ruling, Medlin knew that he could not use nominees, such as the limited partnerships, to evade his taxes in this manner. To further conceal the offense, Medlin failed to file a tax return, but submitted requests for extensions in which he falsely represented that he did not owe any taxes. The total amount of the attempted tax evasion was over $1.1 million. As part of his plea agreement, Medlin has agreed to file his tax return and pay his taxes, including penalties, and interest.
This case was investigated by the Internal Revenue Service -- Criminal Investigation. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Jacksonville Man Charged in Tax Return FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the arrest and return by a grand jury of a thirty-five-count indictment charging Thomas Bandzul with tax fraud. Specifically, Bandzul is charged with nineteen counts of assisting in preparing a false tax return, thirteen counts of wire fraud, two counts of filing a false tax return and one count of aggravated identity theft. If convicted, he faces a maximum penalty of 3 years in federal prison for each count of assisting in preparing a false tax return and each count of filing a false return. On each wire fraud count he faces up to twenty years in federal prison. He also faces two years in prison for the aggravated identity theft charge, to be served consecutive to the wire fraud sentence. The indictment also notifies Bandzul that the United States intends to forfeit any assets, which are alleged to be traceable proceeds of the offenses. Bandzul made his initial appearance before United States Magistrate Judge Joel B. Toomey this afternoon. He was released on a $25,000 bond.
According to the indictment, between January 2008 and May 2011, Bandzul was a tax return preparer in Duval and St. Johns counties. As such, he allegedly knowingly and willfully made false claims for deductions and credits on behalf of his clients, which resulted in additional IRS tax refunds. The indictment alleges that, as part of a scheme, Bandzul would prepare and furnish one tax return to his taxpayer client, but then would make false and fraudulent claims on separate tax returns that he actually filed electronically with the IRS. By prearrangement, Bandzul was to be paid a specified fee by his clients out of the anticipated IRS refunds. Bandzul allegedly caused the additional higher tax refunds to be paid to him, through a bank clearinghouse, as additional tax preparation fees, without his clients’ knowledge or consent. In order to avoid detection by the IRS, Bandzul allegedly used various identities beside his own to electronically file tax returns. The tax loss from this scheme is alleged to be in excess of $100,000.
Additionally, the indictment alleges that Bandzul committed tax fraud on his individual tax returns by claiming a total income of $14,945 on his amended 2008 tax return, when he was paid $208,967 in fees, and by claiming $9,536 in total income on his 2009 tax return when he was paid $335,452 in fees. Finally, according to the indictment, Bandzul committed aggravated identity theft by using a client’s name and Social Security Number to electronically file a fraudulent tax return as a tax return preparer and commit wire fraud.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It will be prosecuted by Assistant United States Attorney Dale R. Campion.
Baker County Man Sentenced to 32 Months in Federal Prison for Failing to Register as Sex OffenderRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Ray Charles Gasaway (48, Glen St. Mary) to 32 months in federal prison for failing to register as a sex offender in the state of Florida after relocating from the state of Tennessee. Gasaway was also ordered to serve a 10-year term of supervised release and to register as a sex offender. Gasaway pleaded guilty on October 21, 2013, and has been in custody since his arrest on May 1, 2013, in Glen St. Mary.
According to court documents, on March 12, 1996, Gasaway was convicted of committing sexual battery and rape in Davidson County, Tennessee. Subsequent to his conviction, between June 2012 and May 2013, he relocated from Tennessee and established a residence in Florida. On May 1, 2013, an officer with the Baker County Sheriff=s Office responded to a residence in Glen St. Mary, in response to an anonymous tip that an unregistered male sexual offender named “Ray” was living at that residence. The officer made contact with Gasaway, who falsely identified himself as "Ray Galloway." Gasaway subsequently admitted that his real name was Ray Charles Gasaway, and that he had moved to Baker County from Tennessee about a year ago, and had not registered as a sexual offender in Florida. Gasaway was arrested. Records checks confirmed that Gasaway had failed to register as a sex offender with Florida authorities.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist the states in locating and apprehending non-compliant sex offenders. This case was investigated by the Baker County Sheriff’s Office, the United States Marshals Service, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc for more information about internet safety education.
Mother and Son Sentenced in Celebrity Credit Card Account Takeover SchemeRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that U.S. District Judge John Antoon, II yesterday sentenced Luis Flores, Jr. (19, Lake Mary) to three and a half years in federal prison for credit card fraud and aggravated identity theft. The court also ordered Flores to forfeit computers, electronic equipment, and cellular telephones, which were traceable to and facilitated the offenses of conviction. As part of his sentence, the court also entered a money judgment in the amount of $16,082, the proceeds of the charged criminal conduct. Flores pleaded guilty on October 23, 2013. Flores’ mother, Kyah Green (41), was sentenced to three years of probation and ordered to make restitution in the amount of $16,082. Green lied to federal agents to cover up the fraud committed by Flores. She pleaded guilty on October 22, 2013.
According to court documents, in March 2013, Flores was terminated from his job at a call center for diverting a co-worker’s electronically deposited paycheck to a bank account controlled by Flores. Immediately after his termination, Flores began a scheme to take over the credit card accounts of celebrities. He was successful in obtaining $71,251.99 in fraudulent wire transfers from those accounts into a bank account controlled by him. From March 2013 through at least July 2013, these account takeovers by Flores resulted in numerous credit cards being delivered to Flores’ and Green’s house in the names of other persons.
In late March 2013, Flores was arrested on state charges for electronically diverting his co-worker’s paycheck. On May 19, 2013, Flores made bail on the state charge and immediately restarted his attempts to take over the credit card accounts of celebrities and, later, law enforcement officials.
In June 2013, federal agents executed a search warrant at the home of Flores and Green. During the execution of the search warrant, Green lied to agents and denied any knowledge of Flores’ bank account, in which Flores received the $71,251.99 in fraudulent wire transfers. In fact, while Flores was still in jail on his state charges, Green had used that bank account to make purchases and ATM withdrawals totaling about $16,082, including thousands of dollars of electronic equipment, designer merchandise, and other consumer goods.
This case was investigated by the United States Secret Service and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Daniel C. Irick.
Fort Myers Man Charged with Possession of Child PornographyRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Kevin Charles Kaszynski (48, Fort Myers) with possession of child pornography. If convicted, Kaszynski faces a maximum penalty of 10 years in federal prison.
According to the criminal complaint, from on or about April 2009 through June 2012, Kaszynski possessed child pornography. While going through boxes that had been stored in a leased storage unit, Kaszynski’s wife found a computer hard drive among other items belonging to her husband. On August 27, 2013, Kaszynski’s wife accessed the hard drive and opened a file which depicted a prepubescent girl in a sexual pose. The hard drive was turned over to law enforcement for further investigation. On September 5, 2013, agents obtained a search warrant for the external hard drive. A forensic analysis of the external drive revealed more than 7,000 images and more than 400 videos depicting child pornography.
A criminal complaint is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the Fort Myers Police Department. It will be prosecuted by Assistant United States Attorney Yolande G. Viacava.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Fort Myers Couple Pleads Guilty to Producing Child PornographyRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that North Fort Myers residents Alan Robert Johnson (35) and Jennifer A. Sparks (39) pleaded guilty earlier this week to production of child pornography. Johnson faces a mandatory minimum penalty of 25 years, up to a maximum penalty of 50 years in federal prison. Sparks faces a mandatory minimum penalty of 15 years, up to a maximum penalty of 30 years in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, on or about May 12, 2012, in Lee County, Johnson and his girlfriend Jennifer Sparks knowingly used a 4 year-old girl to engage in sexually explicit conduct for the purpose of producing child pornography. On June 4, 2012, a private citizen turned the cellular telephone that Johnson and Sparks had used to produce the child pornography over law enforcement. The cell phone had been found in a shopping cart at a Lee County Wal-Mart, on or about June 2, 2012.
Further investigation revealed that Johnson was a registered sex offender. A subsequent search warrant was obtained for his residence, and another cellular phone was located in the bedroom shared by Sparks and Johnson. That cellular phone also contained sexually explicit images of the minor.
This case was investigated by the Federal Bureau of Investigation’s Child Exploitation Task Force, which includes the Cape Coral Police Department and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Yolande G. Viacava.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Apopka Man Sentenced to 7 Years in Federal Prison for $3 Million FraudRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell sentenced Salvatore Ciccarello, Jr. (31, Apopka) to 7 years in federal prison for wire fraud. Ciccarello was also ordered to serve 3 years of supervised release and to pay more than $3 million in restitution to his victims.
On October 10, 2013, Ciccarello was convicted by a federal jury of 15 counts of wire fraud.
According to court documents and evidence presented at trial, Ciccarello’s companies (Workalition, Inc. and Workalition of America, LLC) entered into a “factoring” arrangement with AGR Advisors, Inc. "Factoring" is a financial transaction by which a business sells its invoices to a third party (called a factor) at a discount. The factor provides financing to the seller of the invoice in the form of a cash advance, often 70% to 85% of the amount of the invoice. Once an invoice has been factored, the business will arrange to have the client pay the factor directly.
From May 2011 until December 2011, Ciccarello submitted a series of factoring invoices falsely representing that Ciccarello’s companies were owed millions of dollars for providing temporary and permanent staffing for several businesses. In fact, Ciccarello’s companies were not owed that money, and many of the employees identified on the invoices were fictitious. To deceive AGR into funding the invoices, Ciccarello forged documents and directed his employees to keep a second set of books, to forge documents, and to prepare invoices that included the fictitious employees. As a result of his scheme, Ciccarello defrauded AGR out of more than $3 million.
Further, in August 2012, Ciccarello signed an agreement with TS Staffing, by which that company agreed to fund four Workalition payrolls. After those payrolls were funded, Ciccarello was supposed to begin paying back some of what he owed. Instead, he sent emails whereby he represented that he had deposited checks into TS Staffing’s account. In response, TS Staffing released more money, only to learn later that Ciccarello had actually put a stop payment on the checks. Ciccarello was able to defraud TS Staffing out of $106,000 through this scheme.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
Plant City Woman Sentenced to Prison for Tax FraudRead the Press Release
Tampa, Florida - U.S. District Judge Susan C. Bucklew today sentenced Jennifer Meier Hunt to 2 years and 6 months in federal prison for committing stolen identity refund fraud. As part of her sentence, the court also entered a forfeiture money judgment in the amount of $97,238.00, representing the proceeds of the tax fraud.
Hunt pleaded guilty to one count of theft of government property and one count of aggravated identity theft on June 25, 2013.
According to court documents, in April 2011, a confidential informant told agents from the Federal Bureau of Investigation (FBI) that certain employees of a Tampa based professional staffing company were filing fraudulent income tax returns using TurboTax.com. Three individuals involved in the conspiracy were then identified by agents, supervisors of the staffing company, and Turbo Tax. On May 19, 2011, federal search warrants were executed at the residences of these three individuals. The investigation subsequently revealed that between February 2, 2011, and May 2, 2011, Hunt used stolen identities to electronically file 75 fraudulent federal income tax returns in order to obtain refunds to which she was not entitled. The value of the refunds that would have resulted from the filed returns totaled approximately $187,687. Although some of the returns were rejected by the Internal Revenue Service, 47 of the fraudulent returns were accepted, resulting in the issuance of $97,238 in tax refunds to debit cards under the control of Hunt. None of the victims of the fraudulently-filed tax returns, which included a number of deceased individuals, had authorized Hunt to open or use a debit card in their name. Neither had anyone authorized the conspirators to file a tax return on his or her behalf.
This case was investigated by the FBI and the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney and Senior Litigation Counsel Donald L. Hansen.
Lakeland Man Sentenced to 20 Years in Prison for Trafficking in MethamphetamineRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore yesterday sentenced Ricky Muoio (45) to 20 years in federal prison for distribution of methamphetamine and possession with intent to distribute methamphetamine. Muoio was found guilty by a jury on November 6, 2013.
According to court documents, and testimony and evidence presented at trial, on April 11, 2013, a confidential source (CS) working with the Drug Enforcement Administration (DEA) purchased two ounces of methamphetamine for $3,000 from Muoio, at his residence in Lakeland. On April 24, 2013, DEA agents executed a federal search warrant at the residence. In one of the bedrooms, they found and seized a total of approximately 1.5 ounces of methamphetamine, $3,500 in cash and a digital scale.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Kathy J.M. Peluso.
Lake County Man Convicted of Federal Firearms OffenseRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Lucien Frank Sobolewski (44, Eustis) guilty of possession of a firearm and ammunition by an unlawful user of a controlled substance (marijuana). Sobolewski faces a maximum penalty of 10 years in federal prison. His sentencing hearing has not yet been scheduled. Sobolewski was indicted on March 20, 2013.
According to testimony and evidence presented at trial, U.S. Forestry officers stopped Sobolewski in the Ocala National Forest on February 6, 2013, for failure to wear a seatbelt. Sobolewski admitted to the officers that he had a .50 caliber handgun and marijuana inside of his truck. Even though Sobolewski was not a law enforcement officer, a search revealed a replica Drug Enforcement Administration (DEA) badge mounted inside his wallet. Further investigation revealed that Sobolewski had engaged in a pattern of marijuana use since he was 19 years old. Though Sobolewski had a Florida concealed weapons permit for the firearm, his pattern of marijuana use prohibited him from possessing either firearms or ammunition under federal law.
This case was investigated by the U.S. Forestry Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This case is involves ATF’s Frontline model - a three-pronged approach to violent crime reduction through community involvement, criminal enforcement, and sustainable prevention.
Federal Jury Convicts Merritt Island Felon for Possessing A FirearmRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Jason Lydell Orr (35, Merritt Island) guilty of possession of a firearm by a convicted felon. Based on his prior felony convictions, Orr faces a mandatory minimum penalty of 15 years, up to life in federal prison. His sentencing hearing is scheduled for April 14, 2014, before Senior U.S. District Judge Gregory A. Presnell. Orr was indicted on September 25, 2013.
According to testimony and evidence presented at trial, on April 21, 2013, deputies from the Brevard County Sheriff’s Office responded to a neighborhood in Merritt Island after residents reported hearing multiple gun shots. After canvassing the neighborhood and speaking to a 911 caller, deputies observed spent shell casings in the bed of a pickup truck parked in front of Orr’s residence. Deputies knocked on Orr’s front door and Orr eventually came to the door. Further investigation revealed that Orr possessed a loaded Israeli Weapon Industries, model Desert Eagle, .40 caliber pistol inside a Chevy Caprice Classic parked in front of his home. A crime scene technician collected DNA evidence from the firearm. Laboratory analysis confirmed that Orr’s DNA was present on the firearm.
At the time, Orr had at least three prior felony convictions for serious drug offenses and violent felonies. As such, he was not permitted to possess a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
It 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 Julie Leon, 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.
This case is also a part of ATF’s Frontline strategy to reduce violent crime and improve the quality of life in communities, where law enforcement efforts are focused.