FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
Pharmacist and Former Owner of St. George Pharmacy Pleads Guilty to Conspiracy to Commit Health Care FraudRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that Samuel Wahba (45, Palm Harbor) pleaded guilty yesterday to conspiracy to commit health care fraud, lying to a federal agency, making false claims to a federal health care program, and concealing his exclusion from all federal health care programs with the intent to fraudulently seek payment from such programs. Wahba faces a maximum penalty of five years in federal prison for the charge.
According to the plea agreement, on August 10, 2001, Wahba was convicted of one count of violating the Florida Racketeering Influenced and Corrupt Organization Act (RICO), one count of Medicaid Provider Fraud, one count of Grand Theft (Second Degree), and one count of Grand Theft (Third Degree), in the Circuit Court of the Sixth Judicial Circuit. These felony criminal convictions arose out of Wahba’s operation of Clover Pharmacy, located in Palm Harbor.
On July 31, 2002, Wahba received notice that he was excluded for a period of 15 years from participating in any and all other federal health care programs, including Medicare and Medicaid. This exclusion notice also advised Wahba that he could not collect any payments from any federal health care programs during the period of exclusion.
After being excluded from participation in all federal health care programs, Wahba went about devising a scheme to form a new pharmacy. The new pharmacy, called St. George Pharmacy, was secretly owned and controlled by him. Wahba knew that he could only bill Medicaid, Medicare, TRICARE, and other federal health care programs, if his ownership and control of St. George Pharmacy was covert. This aspect of the scheme required Wahba to enlist the assistance of individuals to pretend, at various times, to be the owners and operators of St. George Pharmacy. The main objective in creating the fictional (“nominee”) owners was to enable St. George Pharmacy to bill federal health care programs notwithstanding Wahba’s exclusion from participation in these programs.
During the time frame of the conspiracy, Wahba recruited three individuals to serve as nominee owners of St. George Pharmacy. Wahba paid these nominee owners a one-time fee or compensation.
During the conspiracy, St. George Pharmacy submitted millions of dollars in claims for reimbursement to Medicaid, Medicare, and TRICARE for prescription drug services. In total, St. George Pharmacy fraudulently received $5,281,931.00 in reimbursement payments from federal healthcare programs.
This case was investigated by the Department of Health and Human Services, Office of Inspector General; the Defense Criminal Investigative Service; and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Simon Gaugush.
(Download Factual Basis )
Largo Man Sentenced to More Than 12 Years in Prison for Child Pornography OffensesRead the Press Release
Tampa, Florida - U.S. District Judge Virginia M. Hernandez Covington sentenced David Lee Franklin (62, Largo) yesterday to twelve years and seven months in federal prison for transportation, receipt, and possession of child pornography. The court also ordered Franklin to forfeit computers, hard drives, and assorted CDs and DVDs that were involved in the offenses. Franklin pleaded guilty on February 26, 2013.
According to court documents, an undercover detective downloaded multiple image and video files depicting child pornography from Franklin over several months beginning in November 2011. On June 13, 2012, law enforcement officers executed a search warrant at Franklin's residence. Franklin agreed to an interview and confessed to downloading and viewing child pornography. Also at the time of the search, the officers observed that Franklin was downloading child pornography via the internet. The officers seized Franklin's computers and related equipment. Subsequent forensics review found that they contained several thousand images and videos of child pornography.This case was investigated by the Federal Bureau of Investigation, the Pinellas County Sheriff’s Office, the Largo Police Department, and the Florida Department of Law Enforcement as part of the FBI's Violent Crimes Against Children Task Force. It was prosecuted by Assistant United States Attorney Joseph W. Swanson.
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. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Key West Bank Officer Pleads Guilty to Disclosing A Federal Grand Jury Subpoena with the Intent to Obstruct A Judicial ProceedingRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that Karen Galo (33, Key West) pleaded guilty yesterday to unlawfully disclosing a federal grand jury subpoena to a third party with the intent to obstruct a judicial proceeding. Galo faces a maximum penalty of 5 years in federal prison.
According to the plea agreement, on October 9, 2008, Galo, in her capacity as an officer of Key West Bank, received two federal grand jury subpoenas related to an investigation into mortgage fraud and money laundering. Galo knew the subject of the grand jury subpoenas. After receiving the grand jury subpoenas at the bank, Galo contacted the subject and sent him the subpoenas by fax. Galo disclosed the subpoenas to the subject with the intent to obstruct the investigation being conducted in Tampa. Included with the grand jury subpoenas served on the bank was a warning letter notifying Galo that it is a federal crime to disclose a federal grand jury subpoena received by a financial institution. Galo included the letter in the fax sent to the subject, along with the two subpoenas. Two days after the subject received the grand jury subpoenas, he fled the United States.
This case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Simon Gaugush.
Customer Service Representative Indicted for Conspiracy to Issue Fraudulently Obtained Florida Driver Licenses and Aggravated Identity TheftRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces the return of an indictment charging Walter Brown (41, Kissimmee) with one count of conspiracy to knowingly and without lawful authority produce identification documents and nine counts of aggravated identity theft. If convicted, Brown faces up to 15 years in federal prison for the conspiracy charge and two years in federal prison for each count of aggravated identity theft charge.
According to the indictment, 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 as a Customer Service Representative, Brown issued at least 200 Florida driver licenses and identification cards individuals who may not be legally entitled to the documents. In some instances, Brown fraudulently issued driver licenses and identification cards in multiple identities to the same person.
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. Brown was terminated from his employment.
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 U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Department of State Diplomatic Security Services, and the Florida Highway Patrol’s Bureau of Criminal Investigations and Intelligence. It is being prosecuted by Special Assistant United States Attorney Myrna Amelia Mesa.
Fort Myers Man Sentenced to Life in Prison for Selling HeroinRead the Press Release
Fort Myers, Florida - U.S. District Judge John E. Steele sentenced Epifanio H. Benitez (61, Fort Myers) yesterday to life in federal prison for selling heroin within 1,000 feet of Lee Middle School. The court also sentenced Benitez to a concurrent term of 15 years in prison for three counts of selling heroin, and one count of possessing ammunition as a convicted felon. Based on his multiple prior drug convictions, Benitez was sentenced as an armed career criminal. Benitez pleaded guilty on March 4, 2013.
According to court documents, between May and November 2011, Benitez was involved in seven drug transactions with undercover law enforcement. He sold heroin on four occasions to undercover detectives from the Fort Myers Police Department. He sold heroin on three occasions to undercover detectives from the Lee County Sheriff's Office. Benitez sold the heroin within 1,000 feet of Lee Middle School during four of the transactions.
A subsequent search warrant was executed at Benitez’s residence, culminating in his arrest. Among the items seized during the execution of the search warrant were forty-six rounds of .40 S&W ammunition found in Benitez’s bedroom. As a previously convicted felon, Benitez is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Fort Myers Police Department, the Lee County Sheriff's Office, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
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 Robert E. O’Neill, along with Julie Torres, Special Agent In Charge, ATF Tampa Field Division, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Nine Indicted for Federal Firearm and Drug ViolationsRead the Press Release
Jacksonville, Florida- United States Attorney Robert E. O'Neill announces the return of indictments charging nine individuals involved in the illegal sale of firearms and narcotics in Jacksonville. Today, special agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the Florida Department of Law Enforcement (FDLE), along with detectives from the Jacksonville Sheriff's Office (JSO) arrested four individuals as part of an undercover law enforcement operation. The effort, dubbed "Delta Deuce," involved coordinated efforts among local, state, and federal law enforcement agencies and state and federal prosecutors. Three individuals were previously taken into custody and two are still being sought by law enforcement.
Nicklas McLain (23, Calahan) was indicted on eleven felony charges involving the sale of marijuana, cocaine, and firearms from December 2012 through March 2013. McLain sold three firearms to undercover agents. McLain also has prior felony convictions for sale of cannabis and possession of cocaine. He faces a minimum sentence of five years, up to a maximum of life imprisonment. McLain was arrested on April 3, 2013, and is being detained without bond pending trial.
Edward Dooley (20, Jacksonville) was indicted on ten felony charges involving the sale of marijuana and firearms from December 2012 through February 2013. Dooley sold eight firearms to undercover agents. He also has a prior felony conviction for burglary. Dooley faces a minimum sentence of five years, up to a maximum sentence of life imprisonment. He was also arrested on April 3, 2013. Dooley is serving a state sentence for violation of probation.
Jamar Powell (27, Jacksonville) was indicted on four felony charges involving the sale of crack cocaine and firearms during January 2013. Powell sold four firearms to undercover agents. Powell also has a prior felony conviction for sale of cocaine. He faces a minimum sentence of five years up to a maximum of life imprisonment. Powell was arrested on May 13, 2013, and is being detained without bond pending trial.
Omar Stovall (22, Jacksonville) was indicted on four felony charges involving the sale of marijuana and a firearm during December 2012. Stovall faces a minimum sentence of five years, up to a maximum of life imprisonment.
Leggetts Jenkins (28, Jacksonville) was indicted on three felony charges involving the sale of cocaine and a stolen firearm during February 2013. Jenkins faces a sentence of up to 50 years in federal prison.
Yessenia Terrell (20, Jacksonville) was indicted for selling crack cocaine to ATF agents during January and April 2013. He faces up to 40 years in federal prison.David Gonzalez (32, Middleburg) was indicted for being a felon in possession of a firearm. Gonzalez sold a 9mm pistol to ATF agents during January 2013. Gonzalez faces up to 10 years in federal prison.
Four others are being prosecuted by the State Attorney's Office for selling narcotics.
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.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Jacksonville Sheriff's Office and the Florida Department of Law Enforcement. The cases will be prosecuted by Assistant United States Attorney Frank Talbot.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney Robert E. O’Neill, along with Julie Torres, 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.
The successes of today’s activities are directly related to ATF’s “Frontline” strategy; an intelligence-driven approach to investigating federal firearms crimes. It focuses on the continuous communication, assessment, measurement, and collaboration of resources among federal, state, and local law enforcement partners.
Tarpon Springs Man Sentenced to 5 Years in Federal Prison for Narcotics and Firearm ChargesRead the Press Release
Tampa, FL - U.S. District Judge James D. Whittemore yesterday sentenced Gary Galati (46, Tarpon Springs) to five years in federal prison for possessing with intent to distribute marijuana and using a firearm during and in relation to that drug trafficking crime, and for possessing a firearm in furtherance of that drug trafficking crime. Galati pleaded guilty to those charges on January 15, 2013.According to court documents, Galati owned Galati Guns, Inc. and sold firearms without maintaining records as required by federal law. In addition, during the course of the investigation, Galati sold marijuana, firearms, and ammunition to a confidential source. On December 12, 2012, while at Galati Guns, Galati exchanged two firearms for marijuana with the confidential source. Later that day, federal agents executed search warrants at Galati Guns and at Galati’s residence, where they found additional marijuana near a loaded firearm.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pasco County Sheriff’s Office, and the Pinellas County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Joseph W. Swanson.
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 Robert E. O’Neill, along with Julie Torres, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Tampa Man Found Guilty of Drug ConspiracyRead the Press Release
Tampa, Florida - U.S. Attorney Robert E. O'Neill announces that a federal jury yesterday found Eugene E. Davis (39, Tampa) guilty of conspiracy to possess with the intent to distribute 5 kilograms or more of cocaine and conspiracy to possess with the intent to distribute 280 grams or more of crack cocaine. Based on his prior felony drug convictions, Davis faces a mandatory minimum term of life imprisonment. His sentencing hearing is scheduled for August 5, 2013. Davis was indicted on October 18, 2012.
According to testimony and evidence presented at trial, Davis engaged in a year-long conspiracy with others to distribute hundreds of kilograms of cocaine and crack cocaine in Hillsborough County. Davis, a prolific crack dealer, was known for purchasing multiple kilograms of cocaine and cooking it into crack cocaine. Additionally, he was often described as "flashy and flamboyant," because he used his drug proceeds to fund an extravagant lifestyle with high-end cars, expensive jewelry, and thousand of dollars in cash.
This case was the result of a comprehensive and dedicated effort by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service-Criminal Investigation, the Hillsborough County Sheriff's Office, and the Tampa Police Department, as part of an on-going Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply. It is being prosecuted by Assistant United States Attorney Shauna S. Hale.
Former University Community Hospital Staff Member Sentenced for Tax Fraud and Aggravated Identity TheftRead the Press Release
Tampa, Florida - U.S. District Judge Virginia M. Hernandez Covington yesterday sentenced Tanya Cullens to three years and three months in federal prison for conspiracy to commit tax fraud and aggravated identity theft. As part of the sentence, the court also entered a forfeiture money judgment in the amount of $44,080.00, which constitutes the proceeds of the tax fraud conspiracy. In addition, the court ordered Cullens to pay $85,055.00 in restitution to the Internal Revenue Service and Jabil Circuit, Inc. for a separate fraud offense. Cullens pleaded guilty on February 12, 2013.
According to court documents, in 2012, Cullens was a member of the cleaning staff at University Community Hospital. On January 17, 2012, she stole a patient list from the hospital. This list contained 48 patient names, dates of birth, and social security numbers of persons treated at University Community Hospital on that same date. Shortly after stealing the patient list from the hospital, Cullens provided the list to her friend and co-conspirator, Alesia Spivey, who used the list to file fraudulent tax returns with the IRS. None of the individuals whose names, dates of birth, and social security numbers appeared on these fraudulent tax returns knew that the conspirators were filing tax returns on their behalf. In total, ten fraudulent tax returns filed by the conspirators claimed approximately $79,204.00 in false tax refunds. Ultimately, the IRS paid out $44,080.00 in refunds to the conspirators.
Alesia Spivey pleaded guilty to her role in the conspiracy in December 2012. She is scheduled to be sentenced on June 19, 2013.
In the year prior to this offense, Cullens was involved in a scheme to defraud Jabil Circuit, Inc. On three occasions during the course of this unrelated fraud conspiracy, Cullens pretended to be an employee of Jabil Circuit for the purposes of convincing Jabil Circuit's relocation benefits contractor to send three lump sum payments to bank accounts controlled by Cullens. These lump sum payments were for false moving expenses that were never incurred by Cullens or any employee of Jabil Circuit. In all, Jabil Circuit suffered a loss of $40,975.00 due to the wire fraud scheme perpetrated by Cullens and Spivey.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Simon Gaugush.
Sanford Brothers Arrested for Conspiring to Steal Government PropertyRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces the arrests of Husein Kermali (37) and Sikandar Kermali (33), both from Sanford, Florida, for conspiring to steal government property. If convicted, both men face up to five years in federal prison.
According to the criminal complaint, while employed in the United States Army Active Guard Reserve, co-conspirator Sebastian Stewart Oyegun II, made unauthorized purchases of high-end engineering equipment, computer equipment and power tools. Oyegun charged the goods to the United States Army, and shipped the goods to various addresses. The purchases were made over the Internet using the General Services Administration (GSA) Advantage System website. The site is an ordering mechanism whereby government agencies or contractors can order items from vendors. Oyegun manipulated the purchasing system by fraudulently creating a phony user ID and password, providing phony points of contact and fake approving officials, and adding multiple shipping addresses. Most of the stolen goods were shipped to Oyegun's residence or a warehouse in Sanford, controlled by the Kermali brothers. In furtherance of the conspiracy, the Kermalis would select items they wanted from the GSA Advantage System website and e-mail their requests to Oyegun, paying him a fraction of the advertised price.
After the U.S. Army uncovered the scheme, Oyegun began cooperating with the FBI and participated in a number of controlled meetings with the Kermalis. On at least three occasions, Oyegun delivered stolen goods to the Kermalis at their Sanford warehouse in his U.S. Army Combat Uniform.
The Kermalis requested Surefire weapon sights, EOTech Holographic tactical weapon sights, and Trijicon gun sights from Oyegun and asked him if he could send items to Dubai. Sikandar Kermali also asked Oyegun for armor piecing ammunition and sent Oyegun a text message asking for more "war stuff."
Oyegun pleaded guilty for his role in this case. His sentencing hearing is scheduled for May 28, 2013, before U.S. District Judge Charlene Honeywell.
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 the Federal Bureau of Investigation, the Army Criminal Investigative Command, the General Services Administration, Office of Inspector General, and the Department of Commerce, Office of Export Enforcement. It will be prosecuted by Assistant United States Attorney Daniel W. Eckhart.
Mortgage Agent Pleads Guilty to Mortgage Fraud ConspiracyRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that Alexander Ende (35, Boynton Beach) yesterday pleaded guilty to conspiracy to commit bank fraud and mail fraud, and wire fraud affecting a financial institution. Ende faces a maximum penalty of 30 years in federal prison for his involvement in this mortgage fraud conspiracy.
According to the plea agreement, during the time frame of the conspiracy, Ende was a licensed mortgage agent working as a loan officer and branch manager for Apex Mortgage. His day-to-day responsibilities at Apex Mortgage included meeting with and pre-qualifying clients for mortgage loans. In or about late September 2006, Ende and two other individuals decided to purchase three condominium units at The Arbors at Carrollwood (“The Arbors”), a 390-unit condominium complex located at 3939 Ehrlich Road, in Tampa, Florida. Ende, in his role as a mortgage agent, assisted one of his co-conspirators with putting together three loan applications to secure mortgage loans for the purchases. Included in the loan applications, were various material misrepresentations made by Ende to ensure that the co-conspirator qualified for the mortgage loans. These material representations included false employment information, that the borrower intended to occupy all three condos as a primary residence, and the omission of other real estate owned by the borrower. Ende also failed to disclose to the mortgage lenders that the developer of The Arbors was providing tens of thousands of dollars in cash-back incentives to entice the purchase of these condo units.
In reliance on the materially false representations and omissions in the loan applications and the HUD-1 Settlement Statements, the mortgage lenders collectively loaned Ende’s co-conspirator $764,550.00 to purchase the three condo units, all of which have now fallen into foreclosure.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Simon Gaugush.
Members of Miami-Based Crack Cocaine Distribution Organization Sentenced from Three Years to Life in PrisonRead the Press Release
Fort Myers, Florida - U.S. District Judge John E. Steele has sentenced the following individuals to federal prison for their participation in a conspiracy to manufacture, possess with intent to distribute and distribution of cocaine base, also known as “crack cocaine.
Jude Sereme (29, Miami) Life Imprisonment 24 years, four months’ imprisonment Rick Jean (25, Miami) 20 years’ imprisonment Wilmane Jean (22, Miami) 10 years’ imprisonment Jophaney Hyppolite (28, Miami) Life Imprisonment Eric Bonita (25, Miami) Life Imprisonment Rashid Francois (26, Miami) 20 years’ imprisonment Jennifer Sander (30, Fort Myers) 10 years, ten months’ imprisonment Michael Dupin (29, Miami) 3 years, 10 months’ imprisonmentJude Sereme, Neheme Ductant, Rick Jean, Wilmane Jean, Jophaney Hyppolite, and Eric Bonita were found guilty following a three week trial that ended on October 5, 2012. Rashid Francois, Jennifer Sander and Michael Dupin pleaded guilty.
According to court documents, between July 2010 and October 2011, the above individuals operated as a drug trafficking organization (“DTO”), between Miami and Fort Myers. The DTO distributed crack cocaine in the North Fort Myers and South Fort Myers area.
This investigation was the result of a comprehensive and dedicated effort by the Cape Coral Police Department, Collier County Sheriff's Office, Drug Enforcement Administration, Federal Bureau of Investigation, Florida Department of Law Enforcement, Lee County Sheriff's Office and the Miami Police Department. The case was prosecuted by Assistant United States Attorney Jesus M. Casas.
Fugitive U.S. Lawyer Expelled from Nicaragua to Face Chargesof International Investment Fraud and Money LaunderingRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that Lawrence S. Hartman, a/k/a Larry Hartman, a/k/a Larry Hart, a/k/a Lawrence Scott Hartman-Grosser (47, Costa Rica; a U.S. lawyer formerly of New York and Florida), who was arrested on an immigration violation by Nicaraguan authorities last week, was today expelled and deported from Nicaragua and turned over to U.S. authorities in Miami. Hartman faces charges of both conspiracy to commit, and substantive acts of, mail fraud, wire fraud and money laundering arising from an international investment fraud and money laundering scheme that resulted in victim-investor losses in excess of $137 million. If convicted, he faces a maximum penalty of 20 years' imprisonment on each of the three conspiracy and substantive mail and wire fraud offenses, and 10 years in prison on each of the substantive money laundering counts (Counts 4 - 17).
Hartman was charged in a Superseding Indictment on March 2009. He is expected to make his initial appearance tomorrow, May 16, 2013, at 1:30 pm in U.S. District Court in Miami.
This apprehension and expulsion was achieved through the joint cooperation of various agencies, including U.S. Immigration and Customs Enforcement's Homeland Security Investigations, the U.S. Secret Service, the U.S. Department of State Bureau of Diplomatic Security, U.S. Embassy Managua, INTERPOL Washington, and the Nicaraguan National Police.
To date, juries have found four of Hartman's co-defendants guilty of the fraud scheme, and another co-defendant pleaded guilty. Specifically, on April 19, 2013, a federal jury found United Kingdom citizens, Paul R. Gunter (64, Odessa, Florida; originally of London), and Simon Andrew Odoni (56, Hertfordshire, UK) guilty of three counts of conspiracy to commit mail fraud, wire fraud, and money laundering, as well as nineteen counts of mail and wire fraud, and fourteen counts of money laundering. Gunter and Odoni each face a maximum penalty of 20 years in federal prison on each of the conspiracy charges and each of the separate mail and wire fraud charges, and up to 10 years on each of the money laundering charges. Both individuals will also be ordered to forfeit real property, bank accounts, an airplane, vessels, and vehicles purchased with proceeds of the fraud scheme. As part of the investigation, federal agents seized nearly $5 million in U.S. currency. Gunter and Odoni are scheduled to be sentenced on July 23, 2013.
In March 2011, co-defendant Richard Sinclair Pope pleaded guilty to conspiracy to commit wire and mail fraud. Pope faces a maximum sentence of 20 years in prison.
In a related trial that took place in May 2012, Houston lawyers Roger Lee Shoss and Nicolette Loisel were convicted of one count of conspiracy to commit wire fraud in connection with their participation in the corporate identity theft aspect of the scheme. The case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Tampa, Florida, as well as the U.S. Secret Service, Tampa, Florida and Newark, New Jersey Field Offices.
The government received assistance from several other authorities, including the City of London Police, the UK's Serious Fraud Office and Norfolk Constabulary, the Spanish National Police, the U.S. Securities and Exchange Commission, the Ontario Securities Commission, and the British Columbia Securities Commission.
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 is being prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and Kelley Howard-Allen.
Southwest Florida Men Sentenced on Federal Bank Robbery ChargesRead the Press Release
Fort Myers, Florida - U.S. District Judge John E. Steele sentenced Michael James Harrell (33, Fort Myers) and Matthew Rollins (27, Fort Myers) yesterday for armed bank robbery, possession of a firearm during a crime of violence, attempted bank robbery, conspiracy to commit armed bank robbery and conspiracy to use firearms during a crime of violence. These crimes relate to a series of bank robberies that took place in Lee County, during the summer and fall of 2011. Harrell was sentenced to 62 years in federal prison. Rollins was sentenced to 42 years in federal prison. A third participant, Maurice Andre Colbert (28, Fort Myers), will be sentenced on June 20, 2013.
According to evidence presented at trial, from June 6, 2011 through October 7, 2011, Harrell, Rollins, Colbert, and another individual conspired to rob area banks with firearms. In addition to the conspiracy, the jury found that the men were guilty of armed robbery and related weapons charges related to robberies of the following financial institutions: Lee County Postal Employees Credit Union (Harrell, Colbert - June 6, 2011); Wells Fargo Bank, Lehigh Acres (Harrell, Rollins - August 12, 2011); Preferred Community Bank, Lehigh Acres (Harrell, Rollins - August 31, 2011).
The jury also found all three men guilty of the attempted robbery of the following financial institutions: Wells Fargo Bank, Bonita Springs (September 14, 2011 - Harrell, Rollins, Colbert); Capital Bank, Fort Myers (October 4, 2011 - Harrell, Rollins, Colbert); Fifth Third Bank, Fort Myers (October 7, 2011 - Harrell, Colbert).
This case was the result of a cooperative investigative effort among the following federal, state, and local law enforcement agencies: the Federal Bureau of Investigation, Lee County Sheriff's Office, Fort Myers Police Department, Florida Department of Law Enforcement, Charlotte County Sheriff's Office, Collier County Sheriff's Office, Cape Coral Police Department, Punta Gorda Police Department, and the United States Postal Inspection Service. This case was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Melbourne Man Sentenced to 20 Years on Federal Child Pornography ChargesRead the Press Release
Orlando, Florida - U.S. District Judge Roy B. Dalton, Jr. today sentenced Jose Manuel Rivera, Jr. (35, Melbourne) to the statutory maximum of 20 years in federal prison for receipt of child pornography. The court also ordered Rivera to serve a 25-year term of supervised release following his release from prison, and to forfeit the computer equipment he used to commit the offense. Rivera pleaded guilty on February 22, 2013.
According to court documents, Rivera downloaded and collected over a dozen movies depicting the sexual exploitation and abuse of prepubescent children, some as young as three years old. Rivera also admitted to molesting a toddler on two separate occasions when the child had previously lived in his family's home. “Homeland Security Investigations special agents identified Rivera as a child predator during Operation Sunflower, a nationwide operation focused on identifying sexual predators and rescuing victims,” said Susan McCormick, special agent in charge of Homeland Security Investigations Tampa. “As a result of our agents’ investigative work, Rivera can no longer prey on innocent children. He will spend the next two decades behind bars.”
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.Homeland Security Investigations launched Operation Sunflower in November 2012 to commemorate the one-year anniversary in which the identification of a sunflower-shaped highway road sign led to the rescue of an 11-year-old girl in Kansas. The operation identified 123 victims of child exploitation. Of that number, 44 were directly rescued from their abusers and 79 were identified as either being exploited by others outside their home or are now adults who were victimized as children.
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 Attorney's 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."
Child Pornography Producer and Distributor Sentenced to Federal PrisonRead the Press Release
Fort Myers, FL - U.S. District Judge John Steele today sentenced Raymond Lugo (38, Punta Gorda) to 22 years in federal prison, to be followed by lifetime supervised release, for producing child pornography. The court also ordered Lugo to forfeit his computers and camera, which are traceable to proceeds of the offense. Lugo pleaded guilty on October 31, 2012.
According to court documents, Lugo victimized an approximately 2 year-old child on multiple occasions, for the purpose of producing child pornography photographs. Lugo photographed himself sexually molesting the child. He then traded those images with others for the purpose of obtaining other child pornography images.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Tama Koss Caldarone.
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. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
New Port Richey Man Sentenced to 15 Years in Prison for Transportation of Child PornographyRead the Press Release
Tampa, Florida - U.S. District Judge Mary S. Scriven sentenced Christopher Brian Mott (52, New Port Richey) to 15 years in federal prison for transportation of child pornography. The court also ordered Mott to forfeit a computer involved in the offense. Mott pleaded guilty on January 30, 2013.
According to court documents, an undercover agent downloaded multiple video files depicting child pornography from Mott in September 2012. On November 7, 2012, federal agents executed a search warrant at Mott's residence. Mott agreed to an interview and confessed to using his computer to access the internet to obtain child pornography and to those files then being available for others to download from him. During the search, agents seized Mott's computer. Subsequent forensics review found that it contained images of child pornography.
In addition, during the sentencing hearing, the Court found that Mott had previously engaged in a pattern of activity involving the sexual abuse or exploitation of a minor. The Court heard testimony from two witnesses who recounted instances of sexual abuse or exploitation perpetrated by Mott while they were minors.
This case was investigated by the Federal Bureau of Investigation and the Largo Police Department, as part of the FBI's Violent Crimes Against Children Task Force. It was prosecuted by Assistant United States Attorney Joseph W. Swanson.
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. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
South Bay Man Sentenced to More Than 2 Years in Prison for Stealing Government Money in Tax Fraud SchemeRead the Press Release
Tampa, FL - U.S. District Judge Mary S. Scriven sentenced Larry Lee Northern, Jr. to 32 months in federal prison for theft of government funds and aggravated identity theft. Northern pleaded guilty on January 19, 2013.
According to court documents, on October 6, 2011, Northern was stopped by law enforcement for excessive speeding. During the stop, he was found to be in possession of illegal narcotics and various prepaid debit cards. Specifically, Northern possessed 15 prepaid debit cards in the names of various individuals, as well as 17 Wal-Mart Money Cards. In addition, Northern had internal corporate documents from a local healthcare company. The documents contained the personal identification information of numerous individuals. The individuals were later identified as current or former clients of a healthcare company. Northern also had $15,700.00 in cash.
Subsequent investigation determined that 12 of the 15 prepaid debit were credited with U.S. Treasury income tax refunds. The refunds on the prepaid cards, totaling $93,879.00, were obtained as a result of the filing of fraudulent income tax returns. The fraudulent returns were filed in the names of individuals who had not given Northern permission to file the returns for them. Of the 17 Wal-Mart Money Cards possessed by Northern, nine of the cards had a total of $65,463.00 loaded onto them. These were also determined to be the proceeds of fraudulently filed income tax returns.
This case was investigated by the Internal Revenue Service Criminal Investigation, the U. S. Department of Health and Human Services, Office of the Inspector General, and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Amanda C. Kaiser.
Plant City Woman Sentenced to Prison for Tax FraudRead the Press Release
Tampa, Florida - U.S. District Judge Elizabeth A. Kovachevich sentenced Rhonda Yvette Brooks to three years and six months in federal prison for tax fraud and aggravated identity theft. As part of her sentence, the court also ordered a forfeiture money judgment and restitution order in the amount of $23,096 for funds traceable to proceeds of the offense. Brooks pleaded guilty on February 20, 2013.
According to court documents, Brooks submitted fraudulent tax returns electronically through Turbo Tax from her residence. She also submitted tax returns for several fictitious identities provided by the IRS in an undercover operation. Overall, Brooks submitted fraudulent tax returns totaling more than $70,000.
This case was investigated by members of the Tampa Bay Alliance, including IRS-Criminal Investigation and the Plant City Police Department. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Owner of Multiple Real Estate Companies Pleads Guilty to Two Mortgage Fraud Conspiracies Involving More Than $20 MillionRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that Oscar Torres (47, Weston) pleaded guilty today to participating in two separate mortgage fraud conspiracies. He faces a maximum penalty of 30 years in federal prison on each of the two counts.
According to the plea agreement, Torres was the owner and operator of a real estate business called Realty Alliance, LLC, and a mortgage brokerage company called Synergy Lending Group. In addition, Torres was the co-owner of a title agency called Title Executives of Broward, Inc. In or about 2005, Realty Alliance, Synergy Lending, and Title Executives (“Torres Companies”) were all consolidated in the same business location in Weston, Florida. These real estate businesses operated throughout Florida.
The first conspiracy began in June 2006, and continued through April 2007. Torres conspired with others to execute a scheme to defraud various financial institutions. The ultimate goal of the fraud scheme was to sell condominium units at The Arbors at Carrollwood, a 390-unit condominium complex located at 3939 Ehrlich Road, in Tampa. During the time frame of the conspiracy, The Arbors was in the process of being converted from an apartment complex into a condominium complex.
Torres and his co-conspirators directed their fraudulent activities at Corus Bank, N.A., and a variety of FDIC-insured and non-FDIC insured mortgage lending businesses (the “mortgage lenders”) for purposes of influencing them to approve millions of dollars in mortgage loans. In June 2006, the developers hired the Torres Companies to sell condo units at The Arbors. To entice buyers to purchase the condo units, the conspirators offered unlawful cash payments to buyers, either before or after closing. These cash payments were concealed from the lenders that were funding loans to individual buyers.
To induce mortgage lenders to approve loans for the purchase of condo units at The Arbors, the conspirators made material misrepresentations and omitted material facts from purchase and sale agreements, Uniform Residential Loan Applications, and on the HUD-1 Settlement Statements. The false and fraudulent statements included, the property’s actual purchase/sale price; the buyers intended use of the property; the buyer’s employment, gross monthly income, assets, liabilities, and bank account balances; the source of down payments and closing costs; and/or the actual disbursement of the loan proceeds at the closing. As a result of these false and fraudulent statements, Torres and his co-conspirators caused and induced the mortgage lenders to fund millions of dollars in mortgage loans. Ultimately, these mortgage lenders sustained a loss of more than $15 million as a result of this mortgage fraud conspiracy.
The second conspiracy began around the summer of 2006, and continued through about March 2007. Torres conspired with others to execute a scheme to defraud various financial institutions in connection with the sale of condominium units at The Preserve at Temple Terrace, a 392-unit condominium complex located at 7735 Fletcher Avenue, in Temple Terrace. During the time frame of the conspiracy, The Preserve was also being converted from an apartment complex into a condominium complex. The Preserve hired the Torres Companies to sell condo units at the complex.
Torres and his co-conspirators marketed the condo units at The Preserve with a series of “buyers incentives,” including a rental income guarantee, property management at no additional cost, payment of homeowner’s association fees, limited escrow deposit due at closing, and a 3% closing cost credit. In reality, the conspirators enticed buyers by offering cash payments. For each transaction, the enticements amounted to thousands of dollars paid in cash to buyers before and after closing. These payments to buyers amounted to more than $1 million in undisclosed cash incentives. The conspirators intentionally and fraudulently concealed these cash payments from the lenders through the use of a shell company called Capital Property Investments, LLC.
Torres and his co-conspirators again made false and fraudulent statements on various mortgage-related documents. In this scheme, the mortgage lenders who financed the purchase of condo units at The Preserve sustained a loss of approximately $5.6 million.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Simon Gaugush.
Tampa Business Executives Indicted for Promoting Fraudulent Tax SchemeRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces the unsealing of an indictment charging Duane Crithfield (65) and Stephen Donaldson, Sr. (67) with one count of conspiracy to defraud the United States. If convicted, each faces a maximum penalty of five years in federal prison and a $250,000 fine.
According to the indictment, from 2001 and up to at least March 2008, Crithfield, Donaldson and others, through Foster & Dunhill, Offshore Trust Service, Fidelity Insurance Company ("FIC"), and Citadel Insurance Company ("CIC") promoted, marketed, and implemented a fraudulent offshore tax strategy known as the Business Protection Plan ("BPP"). The BPP strategy enabled Crithfield and Donaldson’s affluent clients to claim business expense deductions based on sham "insurance premium" payments made to offshore entities FIC and CIC, in amounts intended to substantially reduce the clients' taxable income for a particular year. The so-called insurance premiums were not based on actual business risks, but rather on the client's interest in reducing business income for tax purposes. After obtaining the benefit of a tax deduction on the client's corporate income tax return, the client would later receive approximately 83-85% of the premium back.
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 Attorneys Jay G. Trezevant and Matthew J. Mueller.
(Download Factual Basis )
President of Car Dealership Sentenced to 40 Months for Money Laundering for the Gulf CartelRead the Press Release
Orlando, FL - United States District Judge Roy B. Dalton, Jr. sentenced Joel Torres (41, Apopka) to 40 months in federal prison for money laundering and failing to file IRS Forms 8300 (a report required for cash purchases over $10,000). A federal jury found Torres guilty On December 3, 2012.
According to court documents, Torres, the President of JM2 Auto Sales, Inc. in Apopka, laundered narcotics proceeds for the Gulf Cartel, a drug trafficking organization based in Mexico. Torres received cash, and then sent vehicles back to members of the Cartel in Texas. He also sold vehicles to local Cartel members. During this joint investigative effort, law enforcement seized more than 6,000 pounds of marijuana, more than 70 firearms - including assault weapons, bullet proof vests, and nearly $1 million.
Torres is the eleventh person convicted as a part of this investigation. Previously, Eladio Marroquin-Medina (30, Apopka), the vice-president at JM2 Auto Sales Inc., was sentenced to 72 months imprisonment for conspiracy to possess with the intent to distribute over 1,000 kilograms of marijuana and conspiracy to commit money laundering.
This case was investigated by the Internal Revenue Service Criminal Investigation, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Apopka Police Department, the Orange County Sheriff’s Office, and the Osceola County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Christopher LaForgia and Shawn Napier.
Former Police Sergeant Sentenced to More Than 4 Years in Prison for Possession of Child PornographyRead the Press Release
Tampa, Florida - U.S. District Judge Mary S. Scriven sentenced Jonathan Gamson (53, Tampa) today to 4 years and 9 months in federal prison for possessing child pornography. The court also ordered Gamson to forfeit a computer and external hard drive involved in the offense. Gamson pleaded guilty on February 4, 2013.According to court documents and statements made by Gamson at the sentencing hearing, law enforcement officers executed a federal search warrant at Gamson's residence on May 11, 2011. A preview of the computers at the residence, followed by further forensic analysis, confirmed that a computer contained multiple images of child pornography. At the time of the search, Gamson was employed as a sergeant with the Tampa Police Department.
Further investigation revealed that the Internet web history for a Gateway computer that had been previewed, but not seized, had been used to view multiple websites containing child pornography. On May 20, 2011, law enforcement officers executed a second search warrant to seize the Gateway computer. That computer had been moved from Gamson's home office to his garage, and the hard drive had been removed. Gamson told law enforcement agents that he had thrown the hard drive away, claiming that he was concerned about someone hacking into his computer over his open home wireless internet connection.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Mark E. Bini.
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. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Upcoming Orlando Fraud Summit to Arm Consumers with Information to Protect Themselves Against Fraud SchemesRead the Press Release
Federal Agencies Host Conference Open to the Public
Orlando, FL - United States Attorney Robert E. O'Neill announces that his office, in conjunction with federal, state, and local law enforcement, financial regulatory agencies and local service providers will host a fraud conference for the general public on Wednesday, May 15, 2013 (8:30 a.m. to 12:00 p.m.). The conference will be held at the Florida A & M University College of Law, located at 201 Beggs Avenue in downtown Orlando. Admission is free.Investor fraud, identity theft, and financial exploitation of the elderly are serious national problems. Our country's recent financial crisis has resulted in an unprecedented rise in investment fraud schemes, tax fraud, and other financial crimes, involving thousands of victims and staggering losses. The United States Attorney's Office and its partners are hosting this conference to educate the public about the fraudulent schemes that are being perpetrated in our region and to provide information on resources and strategies to protect citizens from becoming a victim of these types of crime.
Members of the public are invited to attend this conference. Admission is free and educational materials will be provided, but space is limited. To RSVP for the conference, please call (407) 648-7569.
This conference is part of the ongoing efforts of the Financial Fraud Enforcement Task Force which was created by President Obama in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. For more information on the task force, visit www.stopfraud.gov.
(Download Conference Flyer )
Two Men Indicted Following Seizure of Methamphetamine in Polk County Valued at $2.2 Million AUSA: Christopher MurrayRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces the return of an indictment charging Scott Eargood (21, Poinciana) and Santos Zamora-Escobar (27, Poinciana) with conspiring with each other and others to possess with intent to distribute and to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, and fifty grams or more of actual methamphetamine (count one), and knowingly and intentionally, while aiding and abetting each other, possessing with intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine, and fifty grams or more of actual methamphetamine (count two). The penalty for each count is a mandatory minimum term of imprisonment of ten years, up to life in federal prison.
According to court documents, on the evening of May 2, 2013, Polk County deputies initiated a traffic stop on Eargood's Jeep Cherokee on Highway 98 West, near southbound Highway 27, in Polk County. Eargood was the driver of the vehicle, and Zamora-Escobar was the passenger. Deputies searched the vehicle and found $3,494 and 229 grams of methamphetamine.
Information developed during the stop led to a search of a residence on Platte Lane in Poinciana. Inside the residence, officers found more than 110 pounds of methamphetamine. At a price of $20,000 per pound, the methamphetamine seized has an approximate value of $2.2 million.
According to court documents, Eargood rented the Poinciana house four months earlier, at Zamora-Escobar's direction. The house was rented for the purpose of facilitating methamphetamine trafficking in Polk County. It is further alleged that Zamora-Escobar, Eargood, and others stored large quantities of methamphetamine at the residence, for further distribution.
On May 3, 2013, as part of the ongoing investigation, agents and detectives executed a search warrant in Highlands County at a mobile home on East Oak Island Road in Avon Park. Law enforcement officers seized four ounces of methamphetamine, a long rifle, an AK-47-type rifle, and three handguns from the mobile home. Investigators also executed a search warrant at an apartment on 3rd Street Southeast in Winter Haven, Polk County. Numerous wire transfer documents were seized from that location.
On May 3, 2013, Eargood and Zamora-Escobar appeared in federal court in Tampa, before the Honorable Thomas B. McCoun, III, United States Magistrate Judge. Both men were ordered detained, pending further proceedings.
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 is being investigated by U.S. Immigration and Customs Enforcement's Homeland Security Investigations and the Polk County Sheriff's Office. It is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation's illegal drug supply. It will be prosecuted by Assistant United States Attorney Christopher F. Murray.
Orlando Man Found Guilty of Conspiring to Possess and Pass Almost $10,000 in Counterfeit MoneyRead the Press Release
Orlando, FL - U.S. Attorney Robert E. O'Neill announces that a federal jury yesterday found Ibrahim Issa (23, Orange Park) guilty of conspiracy to possess and pass counterfeit money. He faces a maximum penalty of 5 years in federal prison. His sentencing hearing is scheduled for July 17, 2013.
Issa was indicted on March 20, 2013, and a superseding indictment was filed on May 1, 2013.
According to testimony and evidence presented at trial, Issa agreed to hold almost $10,000 in counterfeit $100 bills at his cell phone store in Orlando. He was then told to give the money to a family friend who was scheduled to return the fake money to someone in the Tampa/Sarasota area as part of a larger counterfeit money scheme. U.S. Secret Service agents discovered Issa's role in the scheme after one of Issa's employees stole $600 of Issa's counterfeit money and spent the phony bills in the Orlando area.
This case was investigated by the United States Secret Service. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
Deland Man Sentenced to More Than 12 Years on Federal Child Pornography ChargesRead the Press Release
Orlando, Florida - Chief U.S. District Judge Anne C. Conway today sentenced Orlando Ismael Muniz (58, Deland) to 12 years and 7 months in federal prison for the receipt of child pornography. As part of this sentence, he was ordered to serve a 20-year term of supervised release following his release from prison. The court also ordered Muniz to forfeit his computer equipment and register as a sex offender. Muniz pleaded guilty on April 27, 2012.According to court documents, Muniz downloaded and collected thousands of images of child pornography using a peer-to-peer shared directory on his computer. Law enforcement officers conducted a forensic examination of Muniz’s computer and found 17,847 images and 149 movies depicting the sexual exploitation and abuse of prepubescent children.
This case was investigated by U.S. Immigration and Customs Enforcement's Homeland Security Investigations and the Volusia County Sheriff's Office. It was prosecuted by Special Assistant United States Attorney Myrna Amelia Mesa.
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."
Citrus County Woman Sentenced to More Than 2 Years in Federal Prison for Making False Statements to Federal AgentsRead the Press Release
Tampa, FL - U.S. District Judge Elizabeth A. Kovachevich sentenced Jaclyn Fleites (33, Crystal River) yesterday to 27 months in federal prison for making false statements to a federal agent. Fleites pleaded guilty on November 8, 2012. According to court documents, Fleites lied to a federal agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in connection with an investigation into multiple armed robberies committed by Anthony Calderon and Abelardo Coimbre. The five robberies were committed in Citrus County in January and February 2011. Fleites was the girlfriend of Calderon during that time. She told the agent that she had never seen Calderon enter a store to commit a robbery and had never seen Calderon with a firearm, even though she knew that these statements were false.
On January 28, 2011, Fleites was the getaway driver for the armed robbery of Inverness Liquor, which was committed by Coimbre. On February 18, 2011, she acted as the getaway driver for the armed robbery of Inverness Food Mart, which was committed by Calderon. Her misstatements obstructed the investigation and prosecution of the armed robberies committed by Calderon and Coimbre.
Anthony Calderon and Abelardo Coimbre previously pleaded guilty and were sentenced for their roles in this case. Calderon was sentenced to 32 years in federal prison. Coimbre was sentenced to 24 years and four months in federal prison.
This case was investigated by ATF and the Citrus County Sheriff's Office. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
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 Robert E. O’Neill, along with Julie Torres, 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.
Army Member Stationed at MacDill Sentenced to 15 Years for Production of Child PornographyRead the Press Release
Tampa, FL - U.S. District Judge Virginia M. Hernandez-Covington sentenced Thomas Meyer (42, Riverview) today to 15 years in federal prison for production of child pornography. As part of his sentence, he was ordered to serve a life term of supervised release following his release from prison. The court also ordered Meyer to forfeit his computer equipment, pay $300 in restitution to the victim, and register as a sex offender. Meyer pleaded guilty on February 7, 2013.
According to court documents, Meyer is a member of the United States Army and was stationed at MacDill Air Force Base. Between October 2011 and January 2012, Meyer used Yahoo! Messenger to have sexually explicit online chats with a female minor in Pennsylvania and another individual he thought was a 13 year old female, but who was actually an undercover detective in Kentucky. At Meyer's request, the minor female from Pennsylvania sent three pornographic photographs to Meyer's Yahoo! account. Meyer sent the undercover detective images of child and adult pornography, as well as an explicit web video of himself. He attempted to persuade the undercover detective to send him sexually explicit pictures of herself.
This case was investigated by the Federal Bureau of Investigation, the MacDill Air Force Base Office of Special Investigations (OSI), the Largo Police Department, the Kenton County (Kentucky) Police Department, the Pennsylvania State Police, and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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."
Former Hillsborough County Real Estate Director Sentenced for Mortgage FraudRead the Press Release
Tampa, Florida - U.S. District Judge Elizabeth A. Kovachevich sentenced Anthony Haynes (54, Seffner) today to one year and one day of imprisonment on two counts of wire fraud in connection with a fraudulent mortgage scheme. A restitution and forfeiture money judgment order was also entered in the amount of $940,498, the total proceeds of the fraud. Haynes pleaded guilty on January 13, 2013.
According to the plea agreement, Haynes, who was employed as the real estate services director for Hillsborough County Board of County Commissioners, made material misrepresentations in connection with loan applications and closing documents for two personal mortgages. The mortgages were for his purchase of nine land lots located in Tennessee. The mortgages were funded by interstate wires from a federally insured bank, and the closing was conducted by mail.
This case was investigated by Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Armed Robber Sentenced to 32 Years After Robbing the Same Store Twice and Firing His Gun at ClerkRead the Press Release
Tampa, Florida - U.S. District Judge Steven D. Merryday sentenced Tavis Toney today (24, Miami) to 32 years in federal prison for carrying and brandishing a firearm during a robbery of a convenience store, and for carrying, brandishing and discharging a firearm during a second robbery of the same convenience store. The court also ordered Toney to forfeit a Cobra .380 caliber semi-automatic pistol, which he used to commit the armed robberies. As part of his sentence, the court ordered Toney to pay restitution in the amount of $1,669, representing the proceeds of the criminal conduct, and damages caused to the robbed convenience store. Toney pleaded guilty on February 8, 2013.
According to court documents, on August 3, 2012, Toney and another individual robbed a BP Convenience Store/Kwik Pick Foods in Pasco County. They pointed firearms at the store clerks, and ordered all store customers on the ground. Toney and the other robber took $260 from a patron, and $750 from the store’s cash register before fleeing the scene. On August 7, 2012, Toney attempted to rob the same convenience store at gunpoint again. Wearing a hat/mask and gloves, and using the Cobra .380 caliber semi-automatic pistol, Toney ordered everyone in the store on the ground. A store clerk, who had also been robbed during the earlier robbery, managed to grab a revolver and shoot at Toney. Toney ducked, and shot at the store clerk as he ran out of the store, dropping his semi-automatic weapon as he fled.
This case was investigated by the Federal Bureau of Investigation, and the Pasco County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Mark E. Bini.
St. Petersburg Store Clerk Convicted in Food Stamp Fraud ConspiracyRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that a federal jury yesterday found Isam Nasser (30) guilty of one count of conspiracy to defraud the United States and to commit wire fraud, five counts of wire fraud, and five counts of food stamp fraud. The conspiracy charge carries a maximum penalty of five years in federal prison, the wire fraud charges each carry a maximum penalty of twenty years in federal prison, and each food stamp fraud charge carries a maximum penalty of one year in federal prison. Nasser will be sentenced on July 10, 2013.
According to evidence presented at trial, Mehdi Babul owned and operated Hungry Baba, LLC ("Hungry Baba") convenience store located in St. Petersburg, Florida. Nasser was a clerk at Hungry Baba. During the time frame of the conspiracy, Hungry Baba was a participant in the Supplemental Nutrition Assistance Program (SNAP) administered by the United States Department of Agriculture ("USDA"), formerly known as the Food Stamp Program.
From November 2008, through April 2010, Babul, Nasser, and others conspired and schemed to cheat SNAP by purchasing SNAP benefits from Hungry Baba customers in exchange for cash, minus a fee of approximately 50% of the total amount charged to the individual recipient’s SNAP account. This is an illegal practice known as “discounting” or “cash-back.” According to testimony introduced at trial, the estimated loss to the USDA caused by the conspirators was more than $350,000.
On March 1, 2013, Mehdi Babul pleaded guilty to one count of conspiracy to defraud the United States and to commit wire fraud. He will be sentenced on May 20, 2013.
This case was investigated by the United States Secret Service, the United States Department of Agriculture - Office of the Inspector General, the Florida Department of Law Enforcement, and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Matthew J. Mueller.
Former NFL Player Sentenced to Seventeen Years in Federal Prison for Role in Drug Trafficking ConspiracyRead the Press Release
Tampa, Florida - U.S. District Judge James S. Moody, Jr. today sentenced John Wesley Wilson (48, Zephyrhills), a former wide receiver for the Washington Redskins, to 17 years in federal prison for drug trafficking and firearms offenses. He pleaded guilty on January 18, 2013. The imposed sentence includes 12 years' imprisonment for three drug-related charges, followed by a mandatory consecutive five years in prison for possessing a firearm in furtherance of drug trafficking offenses.
According to court documents, from 2009 to 2012, Wilson regularly worked with others in Pasco County to distribute large quantities of cocaine and crack cocaine. In 2009, during the height of his drug trafficking operations, Wilson distributed approximately 100 kilograms of cocaine per month, and profited over $1 million. During a search of Wilson's residence on December 19, 2011, investigators found a quarter-kilogram of cocaine, over an ounce of crack cocaine, a loaded .380 caliber handgun, and a loaded shotgun.
This case was investigated by the Drug Enforcement Administration and the Pasco County Sheriff's Office as part of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. It was prosecuted by Assistant United States Attorney Christopher F. Murray.
Convicted Felon Found Guilty of Drug and Firearm ChargesRead the Press Release
Orlando, Florida - U.S. Attorney Robert E. O'Neill announces that a federal jury yesterday found Curtis Lee Dallas (32, Orlando) guilty of being a felon in possession of a firearm, and using that firearm in furtherance of a drug trafficking crime. Dallas faces a minimum penalty of 20 years in federal prison. His sentencing hearing is scheduled for July 25, 2013. Dallas was indicted on August 22, 2012.
According to testimony and evidence presented at trial, on the evening of February 16, 2012, officers with the Orlando Police Department pulled Dallas over for a suspected window tint violation. As one of the officers approached Dallas, as he sat in the vehicle, the officer smelled marijuana and saw that Dallas had marijuana sprinkled across his lap, and realized that Dallas was hiding something in his mouth. Dallas refused to get out of the car and struggled with the officer. When the officer managed to remove Dallas from the car, he found that Dallas had a loaded 9mm pistol tucked into a holster clipped to his pants. Upon searching the vehicle, officers found several plastic bags filled with marijuana, a plastic bag filled with crack cocaine, almost $1000 in cash, and a 50-count box of bullets, the same caliber and brand as loaded in Dallas's gun. After Dallas was arrested, he also spat a plastic bag filled with powder cocaine that he had hidden in his mouth.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
Volusia County Armed Career Criminal Pleads GuiltyRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces that Christopher Holladay (37, Deland) pleaded guilty today to possession of a firearm by a previously convicted felon and possession with intent to distribute a controlled substance. Holladay faces a mandatory minimum term of 15 years in federal prison, up to a maximum penalty of life in federal prison. A sentencing date has not been set. Holladay was indicted on February 13, 2013.
According to the plea agreement, on August 2, 2012, Holladay, a ten-time previously convicted felon, sold a stolen Remington rifle to an undercover officer and a confidential informant for $350. The rifle had been stolen the day before during a residential burglary. On August 31, 2012, a deputy with the Volusia County Sheriff's Office stopped a vehicle driven by Holladay. A drug detection K-9 alerted to the presence of drugs in the vehicle. During a search of the vehicle, investigators found marijuana and methamphetamine.
Holladay has 10 prior state felony convictions for drug possession, conspiracy to traffic in methamphetamine, grand theft, robbery, burglary, possession of a firearm by a convicted felon, resisting an officer with violence, accessory after the fact, and failure of a career offender to properly register. As a previously convicted felon, Holladay is prohibited from possessing firearms or ammunition under federal law. Because Holladay's prior criminal record includes several violent felonies and a serious drug offense, Holladay qualifies for enhanced sentencing as an Armed Career Criminal under federal law.
This case was investigated by the Volusia County Sheriff's Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
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 Robert E. O’Neill, along with Julie Torres, 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.Hudson Man Charged with Child Pornography OffensesRead the Press Release
Tampa, FL - United States Attorney Robert E. O'Neill announces the filing of a criminal complaint charging Wayne Miner (44, Hudson) with transportation, receipt, and possession of child pornography. If convicted, Miner faces a mandatory minimum of five years in federal prison and a maximum penalty of 50 years in federal prison.
The complaint alleges that Miner traded child pornography with others using at least two e-mail addresses and the Internet. His computer and cellular phone contained numerous files of 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 the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, and the Pasco County Sheriff's Office. It will be prosecuted by Assistant United States Attorney Jennifer L. Peresie.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Ocala Career Offender Sentenced to More Than 21 Years in Prison for Firearms CrimesRead the Press Release
Ocala, Florida - Senior U.S. District Judge William Terrell Hodges sentenced Joseph Jerome Smith (32, Ocala) yesterday to 21 years and ten months in federal prison for possessing a firearm as a convicted felon and for possessing a firearm in furtherance of a drug trafficking crime. Smith pleaded guilty on February 14, 2013.
According to court documents, on May 21, 2012, the Marion County Sheriff's Office executed a search warrant at Smith's Ocala residence and found him to be in possession of a distribution amount of cocaine, drug trafficking equipment, and multiple loaded firearms, including two 9 mm pistols. Following this incident, a federal arrest warrant was issued for Smith. On September 18, 2012, a special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and members of the U.S. Marshals Fugitive Task Force arrested Smith as he was seated in a vehicle at an Ocala convenience store parking lot. At the time of his arrest, Smith was in possession of another loaded 9 mm pistol with an obliterated serial number.
Smith has multiple prior felony convictions and was therefore prohibited from possessing a firearm or ammunition under federal law. At his sentencing, Smith was found to be a career offender under the federal sentencing guidelines.
This case was investigated by the ATF, with assistance from the Marion County Sheriff's Office and the U.S. Marshals Service. It was 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 Robert E. O'Neill, along with Julie Torres, 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.
Customer Service Representative Arrested for Issuing Fraudulently Obtained Florida Driver LicensesRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces a criminal complaint charging Walter Brown (41, Kissimmee) with conspiracy to knowingly and without lawful authority produce identification documents in violation of federal law. If convicted, he faces a maximum penalty of 15 years in federal prison. Brown made his initial appearance in federal court today before U.S. Magistrate Karla R. Spaulding.
According to the complaint, Brown was a Customer Service Representative (“CSR”) in the Office of the Osceola County Tax Collector. Brown’s primary duty was to issue driver licenses and identification cards. Surveillance camera footage from the Osceola County Tax Collector’s office located at 2501 E. Irlo Bronson Memorial Highway in Kissimmee, Florida, showed that Brown issued Florida Driver Licenses or identification cards based upon fraudulent and fraudulently obtained identity documents. While most customers were observed following the regular queue process, for example, providing their personal information to a receptionist; obtaining a number; waiting in the lobby area; and proceeding to the counter as directed by the queue system administrator, customers presenting fraudulent and fraudulently obtained documents were seen proceeding directly to Brown’s counter, bypassing the queue system entirely.
In his capacity as a CSR, the complaint alleges that Brown has issued at least 200 Florida driver licenses and identification cards to those who may not be legally entitled to the documents. In some cases, Brown fraudulently issued driver licenses and identification cards in multiple identities, to the same person.
The Osceola County Tax Collector’s Office terminated Brown from his employment today.A 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 Homeland Security Investigations, the U.S. Department of State Diplomatic Security Services, and the Florida Highway Patrol Bureau of Criminal Investigations and Intelligence. It will be prosecuted by Special Assistant United States Attorney Myrna Amelia Mesa.
Colombian Drug Trafficker Indicted and Extradited on Drug Trafficking ChargesRead the Press Release
Tampa, Florida - U.S. Attorney Robert E. O'Neill announces the unsealing of a three-count indictment charging Camilo Torres-Martinez, aka Fritanga, (41) with conspiracy to import into the United States 5 kilograms or more of cocaine; conspiracy to manufacture and distribute 5 kilograms or more of cocaine, intending that it would be unlawfully imported into the United States; and conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, while on board a vessel subject to the jurisdiction of the United States. If convicted, he faces a mandatory minimum sentence of 10 years, up to a maximum penalty of life in federal prison for each count. Torres-Martinez was extradited from Colombia to the Middle District of Florida to face these charges.
According to the indictment, from an unknown date until the date of the indictment, August 20, 2008, Martinez-Torres and his drug trafficking organization (“DTO”) transported large quantities of cocaine in vessels dispatched off the Northern coast of Colombia. Martinez-Torres was the lead operative for the DTO “Los Urabenos,” which controls Northern Colombia’s drug trade. This DTO provided maritime transportation services to cocaine owners who wished to transport their cocaine by sea, through the international waters of the Caribbean. The cocaine was transported from the coast of Colombia to Honduras, for ultimate introduction into, and distribution in, the United States. The DTO utilized speedboats and fishing vessels to transport the cocaine.
On November 8, 2004, the United States Coast Guard (“USCG”), interdicted a 40-foot speedboat in international waters in the Carribean Sea. USCG personnel recovered a total of 2,652 kilograms of cocaine. On July 6, 2005, the USCG interdicted a Honduran-flagged fishing vessel, the Ocean Mystery, in international waters in the Carribean Sea. USCG personnel recovered a total of 2,483 kilograms of cocaine. Both of these vessels were organized and sent out by Martinez-Torres and his organization. Martinez-Torres was arrested while celebrating his marriage in an elaborate wedding on a Caribbean island.
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 Organized Crime Drug Enforcement Task Force’s (OCDETF) Panama Express Strike Force, comprised of agents and analysts from the Federal Bureau of Investigation, Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, United States Coast Guard Investigative Service, and the Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. This case is being prosecuted by Assistant United States Attorney Maria Chapa Lopez.
U. S. Attorney’s Office for the Middle District of Florida Observes National Crime Victims’ Rights WeekRead the Press Release
(Tampa) - U.S. Attorney Robert E. O’Neill announced that his office, in conjunction with the observance of National Crime Victims’ Rights Week, April 21-27, hosted a variety of events throughout the district in observation of NCVR Week. A panel discussion on Stolen Identity Refund Fraud (SIRF) for victim service providers, and others, was held on Wednesday in Tampa. Panelists included representatives from the Internal Revenue Service, the Tampa Police Department, federal prosecutors, and a SIRF victim. A fraud summit was held in Jacksonville on the same day, which included presentations by the Federal Bureau of Investigation, HHS-OIG, the State Attorney’s Office, Jacksonville Sheriff’s Office, Office of the Florida Attorney General, the Securities and Exchange Commission, the Florida Department of Law Enforcement, the Internal Revenue Service, the U.S. Secret Service, the U.S. Postal Inspection Service, and several fraud victims. On Thursday, federal prosecutors, along with representatives from the State Attorney’s Office, U.S. Secret Service, and the Marion County Sheriff’s Office addressed Rotary Club members in The Villages. Prior to this week, the office hosted sessions on common fraud schemes in Tampa and Fort Myers. The goal of the presentations was to make community members aware of fraud schemes and best practices to avoid becoming a victim. A Central Florida fraud summit is scheduled in Orlando on May 15, 2013.
The theme for this year’s Crime Victims’ Rights Week, “New Challenges. New Solutions,” celebrates the spirit that will advance the progress and achievements on behalf of victims. It also captures the spirit and highlights the need for us to assist and serve each and every victim in need of hope and help. The Crime Victims’ Rights Act (CVRA), enacted in 2004, grants victims in federal criminal proceedings certain enforceable rights, including the right to be reasonably heard at public court proceedings and to receive full and timely restitution as provided by law. The Middle District of Florida has a dedicated Victim Witness Unit that serves federal crime victims across the district’s 35 counties. Members of this unit notify victims of significant case events through the Department of Justice’s (DOJ) Victim Notification System (VNS). Such notice enables victims to participate in court proceedings and make their voices heard. According to DOJ statistics, in Fiscal Year (FY) 2012, the U.S. Attorneys’ offices provided notice of over 12.2 million case events, including notices regarding criminal charges filed, plea hearings, bond hearings and sentencing hearings.
Notification of significant case events leads to increased victim participation in court proceedings. Court accompaniment helps ensure that victim participation in court proceedings is meaningful as Victim-Witness personnel can answer questions and explain the federal judicial process.
In addition to notification and court accompaniment, the Middle District of Florida’s Victim Witness Unit provides essential services to victims, such as making referrals for counseling, securing temporary housing, assisting with access to victim compensation funds, and accompanying victims to court to provide support and guidance during the proceedings. These services provide tools victims need to reshape their futures.
Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.
Two Tax Return Preparers IndictedRead the Press Release
Orlando, Florida - United States Attorney Robert E. O'Neill announces the indictments of two tax return preparers, Fane Dacosta (39, Daytona Beach) and Obnes Latigue (50, Orlando). Dacosta has been charged with 25 counts of aiding in the preparation of false tax returns and 3 counts of failing to file his personal tax returns. Latigue has been charged with 23 counts of aiding in the preparation of false tax returns. If convicted, each faces a maximum penalty of 3 years in federal prison for each count of aiding in the preparation of false tax returns, and Dacosta faces a maximum penalty of one year in federal prison for each count of failing to file his personal tax returns. Dacosta and Latigue were charged in separate indictments on April 10, 2013. They were both arrested yesterday.
According to the indictments, Dacosta and Latigue were involved in preparing tax returns in which they falsified the deduction amounts and tax credits owed to taxpayers, resulting in those taxpayers receiving undeserved tax refunds. For three years, Dacosta also failed to file his personal tax returns, despite having received more than $100,000 in gross income in each year.
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.
These cases were investigated by the Internal Revenue Service Criminal Investigation. They will be prosecuted by Assistant United States Attorney Roger B. Handberg.
Three Men Indicted on Federal Charges of Filing Fraudulent Tax Returns Related to Identity TheftRead the Press Release
Fort Myers, Florida - United States Attorney Robert E. O'Neill announces the unsealing of an eight count indictment charging Desmond Holden, Kinjonah Coston, and Octavis Jones with conspiracy to prepare fraudulent tax returns, theft of public money, and aggravated identity theft. If convicted, each faces a maximum penalty of 5 years in federal prison for each of the conspiracy and theft of public money offenses, and a consecutive minimum sentence of two years' imprisonment for each aggravated identity charge. The indictment also notifies the defendants that the United States intends to forfeit all assets, which are alleged to be traceable to proceeds of the offenses.
According to the indictment, Holden, Coston, and Jones participated in a scheme to fraudulently obtain federal income tax refunds by preparing and filing false tax returns. They filed these returns in the names of people whose identities they had stolen, by obtaining the victims' Social Security numbers and other identifiers. The defendants would then direct the money from the fraudulent refunds to be deposited onto debit cards, or money orders, which they would then convert to their personal use.
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 Internal Revenue Service Criminal Investigation, with assistance and cooperation from the Highlands County Sheriff's Office. It will be prosecuted by Assistant United States Attorney Douglas Molloy.
Ocala Man Facing 15 Years to Life in Federal Prison for Possession of A Firearm and AmmunitionRead the Press Release
Ocala, Florida - United States Attorney Robert E. O'Neill announces that Roberto Jesus Acosta (54, Cuba) yesterday pleaded guilty to possession of a firearm and ammunition affecting interstate commerce by a convicted felon. Acosta faces a minimum mandatory sentence of 15 years, up to life in federal prison for the offense. A sentencing date has not yet been set.
According to court documents, members of the Ocala Police Department executed a search warrant at Acosta's apartment on February 2, 2013, after learning that Acosta had just purchased a 50-round box of ammunition at a local retailer. Video footage from the business showed Acosta buying the box of .25 caliber ammunition earlier that same day. During the search of the apartment, officers recovered the box of ammunition, a .25 caliber handgun and three other rounds of ammunition. The box of ammunition had been secreted inside of an air conditioning unit. When interviewed by the officers, Acosta admitted that he had purchased the box of ammunition "for a neighbor."
Acosta has prior state convictions for manslaughter, burglary, aggravated assault and possession of a firearm by a convicted felon. As a previously convicted felon, he is prohibited from possessing firearms or ammunition under federal law. Furthermore, because Acosta's prior criminal record includes several crimes of violence, he qualifies for enhanced sentencing as an Armed Career Criminal under federal law.
This case was jointly investigated by the Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.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 Robert E. O’Neill, along with Julie Torres, 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.
Fort Myers Man Charged with Distributing Child PornographyRead the Press Release
Fort Myers, Florida - United States Attorney Robert E. O'Neill announces the filing of a criminal complaint charging Charles Allen Nave III (38, Fort Myers) with distribution of child pornography. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to the criminal complaint, on January 31, 2013, Charles Allen Nave, III sent child pornography over the Internet to an undercover agent located in Washington, D.C. Subsequent to the execution of a search warrant, on April 23, 2013, Nave was found to be in possession of more than 100 images of 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). 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 to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Convicted Armed Robber Sentenced to Federal Prison After Selling Firearms, Ammunition and MarijuanaRead the Press Release
Ocala, Florida - Senior U.S. District Judge William Terrell Hodges today sentenced Marcus Jalany Durias (25, Lake County) to 10 years in federal prison for possession of a firearm and ammunition by a convicted felon), possession of marijuana with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. Durias pleaded guilty to the offenses on February 7, 2013.
According to court documents, from June 22, 2012 through July 3, 2012, Durias repeatedly sold firearms, ammunition and quantities of marijuana to a confidential source working in cooperation with law enforcement. Specifically, Durias sold two .38 caliber revolvers, ammunition and more than 420 grams of marijuana. One of the revolvers included in the transaction had been previously reported stolen. Durias engaged in this activity even though he was already serving a 15-year state probationary sentence for a 2008 armed robbery. As a previously convicted felon, he was prohibited from possessing a firearm or ammunition under federal law. Now that his federal case has been resolved, Durias will face another sentencing proceeding in state court for his violation of probation in the armed robbery.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA) and the Lake County Sheriff's Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Ocala Man Pleads Guilty to Manufacturing, Possessing, and Selling Counterfeit CurrencyRead the Press Release
Ocala, Florida - United States Attorney Robert E. O'Neill announces that Raymond Earl Jones, Jr. (24, Ocala) pleaded guilty yesterday to four counts of making, selling, and possessing counterfeit United States Federal Reserve Notes. He faces a maximum penalty of 20 years in federal prison on each count. A sentencing date has not been set.
According to documents filed with the court, beginning on at least October 30, 2012, and continuing through February 7, 2013, Jones manufactured more than $70,000 in counterfeit United States currency. On November 15, 2012, at a gas station in Ocala, Jones sold $7,900 in counterfeit currency to another individual in exchange for genuine currency. On December 18, 2012, near an Ocala shopping plaza, Jones sold $9,020 in counterfeit currency to another individual in exchange for genuine currency.
On January 31, 2013, deputies from the Marion County Sheriff’s Office seized counterfeit currency and the equipment used to manufacture the notes from an Ocala residence where Jones was in the process of manufacturing counterfeit money. Jones was arrested by U.S. Secret Service agents on February 7, 2013. At the time of the arrest, agents recovered $60,400 in counterfeit currency.
This case was investigated by the United States Secret Service, the Marion County Sheriff’s Office, and the Ocala Police Department. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
Fort Myers Man Indicted in Federal Court for Cocaine DistributionRead the Press Release
Fort Myers, Florida - United States Attorney Robert E. O'Neill announces the return by a grand jury of an indictment charging Dominique Lamar Williams (36, Fort Myers) with two counts of distributing cocaine. If convicted, he faces a maximum penalty of 30 years in federal prison on each count. Williams has been detained pending the disposition of the charges.
According to the indictment, on two different occasions Williams sold cocaine base, also known as crack cocaine, to an undercover Lee County Sheriff's Office detective. 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 Federal Bureau of Investigation Violent Crime Task Force, which includes members from the Lee County Sheriff's Office, the Cape Coral Police Department, the Collier County Sheriff's Office, and the Fort Myers Police Department. It will be prosecuted by Assistant United States Attorney Tama Koss Caldarone.
Florida Real Estate Professional Sentenced to 26 Years in Federal Prison for Mortgage FraudRead the Press Release
Tampa, FL - U.S. District Judge Elizabeth A. Kovachevich sentenced John Lebron (33, Tampa) last week to 26 years in federal prison for conspiracy to commit wire fraud, wire fraud affecting a financial institution, and making false statements to a financial institution. Lebron was also ordered to serve a 5-year term of supervised release, following his release from prison. As part of his sentence, the court also entered a money judgment in the amount of $1,469,300. Lebron was found guilty on October 19, 2012, following a three-week jury trial.
According to testimony and court documents, Lebron was a Florida-licensed realtor and worked as a loan officer. Taking advantage of the downturn in the real estate market, Lebron participated in mortgage foreclosure rescue fraud and short sale fraud, which is sometimes called “flopping” a house.
As part of the scheme, Lebron had hand drawn signs placed on the side of the roads, usually in low income neighborhoods. These signs often advertised the sale of nonexistent houses. The purpose of the signs was to generate leads, to prey upon unsophisticated people, particularly those losing their houses in foreclosure.
Working with another Florida-licensed real estate agent, Lebron opened up a company, called EZ Investments. During their first deal, they used a victim whose house was falling into foreclosure. Lebron arranged for a straw purchaser - his sister - to buy the house in a non-arm’s length transaction. That is, Lebron controlled both ends of the deal. Lebron also served as the loan officer, thus receiving the mortgage broker’s commission, although another loan officer’s name was placed on the paperwork to conceal what Lebron had done. Lebron also took the check that represented the proceeds of the sale of the home from the distressed home owner without her knowledge.
After the straw purchaser “bought” the house, Lebron paid the original mortgage for a short time to prevent the victim from detecting the fraud. He then arranged a short sale of the house to his brother-in-law, in another non-arm’s length transaction. Six days later, using simultaneously recorded deeds, the property was resold to a “credit partner,” that is, another straw purchaser, who Lebron had arranged to buy the house before the short sale proposal was submitted to the bank. This straw purchaser, essentially unemployed, was added on to bank accounts under the control of the conspirators to make it appear that he had assets. The down payment for the transaction was funded through those bank accounts. Fake pay stubs were created to give the appearance that the buyer had an income to support the loan.
In these deals, the conspirators pocketed the money that should have gone to the original distressed home owner. They also received the mortgage broker commission for arranging the first straw purchaser's loan and other commissions and fees, and got the difference between the short sale amount and the new loan. The straw purchasers were each paid $5,000 for their role in the scheme. In addition, Lebron acquired four other loans through fraud.
During the course of the conspiracy, Lebron used stolen and false identities; fraudulently verified his own employment claiming jobs he never had; and, for at least one of the properties, bought it as his primary residence when he legally could not move into it. Lebron committed these crimes while on pretrial release and while on probation.
"This case is particularly disturbing on several fronts," stated John Joyce, Special Agent in Charge, United States Secret Service - Tampa Field Office. "Mr. Lebron and his cohorts knowingly took advantage of homeowners who were in financial distress in order to advance their own financial well being. Mr. Lebron had the audacity to commit these fraudulent acts while on probation and he also defaulted on $1.4 million in loans. He will soon understand that 26 years is a stiff price to be paid for his actions.”
This case was investigated by U.S. Secret Service. It was prosecuted by Assistant United States Attorney Thomas N. Palermo.
Two Men Found Guilty in International Investment Fraud and Money Laundering SchemeRead the Press Release
Tampa, Florida - United States Attorney Robert E. O'Neill announces that a federal jury today found United Kingdom citizens Paul R. Gunter (64, Odessa, Florida; originally of London), and Simon Andrew Odoni (56, Hertfordshire, UK) guilty of three counts of conspiracy to commit mail fraud, wire fraud, and money laundering, as well as nineteen counts of mail and wire fraud, and fourteen counts of money laundering. Gunter and Odoni each face a maximum penalty of 20 years in federal prison on each of the conspiracy charges and each of the separate mail and wire fraud charges, and up to 10 years on each of the money laundering charges. Both individuals will also be ordered to forfeit real property, bank accounts, an airplane, vessels, and vehicles purchased with proceeds of the fraud scheme. As part of the investigation, federal agents seized nearly $5 million U.S. currency. A sentencing date has not yet been set.
According to the evidence and testimony presented at trial, from at least as early as July 2004 through at least March 13, 2008, Gunter, Odoni and others engaged in a sophisticated investment fraud and money laundering scheme, in which worthless stock in hijacked dormant, publicly-traded companies in the United States was sold to victim-investors, primarily in the United Kingdom. The scheme was facilitated using boiler room telemarketers, mostly in Spain, who employed high pressure and misleading sales techniques. The victim-investors wired more than $127 million to Gunter's bank accounts in the Middle District of Florida. The conspirators bilked victim-investors out of another $10 million via a FOREX currency trading scheme, which also utilized the boiler rooms in Spain.
Gunter, Odoni, and their co-conspirators used the victim-investors' funds to perpetuate the fraud scheme and for their own personal enrichment. Victim-investors' funds were used to buy, among other things, an airplane, two vessels, vehicles, including a Ferrari, and real property in the Caribbean islands, England, and Florida.
In March 2011, co-defendant Richard Sinclair Pope pleaded guilty to conspiracy to commit wire and mail fraud. Pope faces a maximum sentence of 20 years in prison.
In a related trial that took place in May 2012, Houston lawyers Roger Lee Shoss and Nicolette Loisel were convicted of one count of conspiracy to commit wire fraud in connection with their participation in the corporate identity theft aspect of the scheme. Shoss and Loisel stole the identities of dormant, publicly-traded companies, and used the corporate identities they had stolen to create fraudulent empty-shell companies, which had the appearance of being publicly-traded. The fraudulent empty-shell companies were sold to Gunter and his co-conspirators, who made them available to the boiler rooms in Spain and, through them, used the empty-shell companies to issue worthless shares of stock to the victim-investors. All four of the companies featured in the indictment – that is, Mobilestream, Inc., Regaltech, Inc., Nanoforce, Inc., and Rocky Mountain Gold Mining, Inc. – were created by Shoss and Loisel. According to the testimony at trial, Gunter and his co-conspirators paid Shoss a total of $800,000 for these empty-shell companies.
This case was investigated by U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Tampa, Florida, as well as the U.S. Secret Service, Tampa, Florida and Newark, New Jersey Field Offices. "These individuals conspired to make a profit through a complex, international money laundering scheme," said Susan McCormick, special agent in charge of Homeland Security Investigations Tampa. "Our law enforcement partners across the globe helped us identify and prosecute these con-artists who preyed on the vulnerable. I urge investors to beware of similar scams – they know no borders."
"This case demonstrates the power that comes from law enforcement agencies pooling their assets and sharing critical information," said Special Agent in Charge John Joyce of the Tampa Field Office. "The U.S. Secret Service values the partnerships it has forged with other agencies in order to address criminal behavior, both domestically and internationally." The government received assistance from several other authorities, including the City of London Police, the UK's Serious Fraud Office and Norfolk Constabulary, the Spanish National Police, the U.S. Securities and Exchange Commission, the Ontario Securities Commission, and the British Columbia Securities Commission. According to Detective Inspector Kerrie Gower of the City of London Police, "Odoni and Gunter were key operators in a criminal gang that ruthlessly targeted the elderly and vulnerable, defrauding them and then spending tens of millions of pounds that had been put aside to support people’s retirements. We now look forward to the sentencing of all those who played a part in this devastating crime and hope it will bring some comfort to their victims. This tragic story should act as warning to anyone who is considering putting their money into investment schemes offering massive returns."
The case is being prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and Kelley Howard-Allen.
Man Sentenced to 10 Years in Federal Prison for Lying in Terrorism Investigation and False Claim ConspiracyRead the Press Release
Orlando, Florida - Senior U.S. District Judge Gregory A. Presnell today sentenced Jonathan Paul Jimenez (28) to 10 years in federal prison for making a false statement to a federal agency in a matter involving international terrorism, and conspiring to defraud the Internal Revenue Service. Jimenez was also ordered to serve a 3-year term of supervised release, upon his release from prison, and to pay $5,587 in restitution to the Internal Revenue Service. Jimenez pleaded guilty on August 28, 2012.
According to court documents, the Federal Bureau of Investigation (FBI) was investigating an international terrorism matter regarding the operation of a travel facilitation network by Marcus Dwayne Robertson and others that sends individuals overseas to commit violent jihad. In November 2010, Jimenez relocated from New York to Central Florida, where he began training with Robertson in the skills necessary to participate in violent jihad overseas. The training with Robertson included martial arts, firearm and knife training, reading the Quran, and learning Arabic. During Jimenez’s training, Robertson stressed that Jimenez needed to focus on the religious aspects of his training, prior to perfecting the skills needed to commit violent acts.
In late May and early June of 2011, Jimenez, with the assistance of Robertson and others, began making preparations for his overseas travel. Robertson assisted Jimenez with getting his photographs for his visa application and his vaccinations. On June 17, 2011, Jimenez departed Central Florida and traveled to New York by airplane, where he expected to get his visa and then travel overseas.
During the course of the investigation, the FBI obtained evidence about the nature of Robertson’s training of Jimenez and the plan for Jimenez to travel overseas to engage in violent jihad. As part of the investigation, the FBI obtained consensually recorded conversations with Jimenez and others, in which Jimenez stated his goals. When interviewed by the FBI on September 22, 2011, Jimenez lied about making those statements.
In order to have funds available for him when he was overseas, Jimenez and others conspired to submit a false 2010 tax return for Jimenez, in which Jimenez falsely claimed three of Robertson’s children as his dependents and falsely represented that he lived with each of the three children for all of the year 2010. As a result of those false representations, Jimenez obtained a refund from the IRS in the amount of $5,587.
Robertson was arrested by the FBI on August 23, 2011 for being a previously convicted felon in possession of a firearm. He pleaded guilty to that offense on January 5, 2012 and is pending sentencing. On March 14, 2012, Robertson was indicted for conspiracy to defraud the Internal Revenue Service. His trial is set for July 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.
These cases were investigated by the FBI’s Joint Terrorism Task Force and the Internal Revenue Service - Criminal Investigation Division. They are being prosecuted by Assistant United States Attorney Roger B. Handberg.