Middle District of Florida

Fort Myers, Florida – United States Attorney Roger B. Handberg announces that Willie James Hunter, Jr. (22, Fort Myers) today pleaded guilty to possessing a firearm as a convicted felon. Hunter faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.

According to court documents, officers from the Fort Myers Police Department initiated a traffic stop on a car in which Hunter was the passenger. The car slowed down, and Hunter exited the vehicle. The car then fled from police and was later found abandoned. Officers located a handgun and a rifle in the abandoned car. Hunter’s fingerprints were later found on the rifle. At the time, Hunter had prior felony convictions for possession of a firearm by a delinquent and aggravated assault with a deadly weapon. As a convicted felon Hunter is prohibited from possessing firearms or ammunition under federal law. Hunter agreed to forfeit the rifle.

This case was investigated by the Fort Myers Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Mark Morgan.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make out neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in first place, setting focused and strategic enforcement priorities, and measuring the results. 

Tampa, FL – United States Attorney Roger B. Handberg announces that Edgar Cubillos-Burbano (63, Colombia), a/k/a “Don Julio,” “Julio El Quemado,” and “Efrain Ospina,” has pleaded guilty to conspiring to import 5 or more kilograms of cocaine into the United States. He faces a minimum mandatory penalty of 10 years, up to life, in federal prison. A sentencing date has not yet been set.

Cubillos-Burbano was arrested in Necocli, Colombia on November 10, 2021, pursuant to a provisional arrest warrant. He was returned to the United States on September 20, 2023.

According to the plea agreement, Cubillos-Burbano was the owner and operator of clandestine cocaine laboratories in northern Colombia and was permitted to operate these laboratories with the permission of Clan Del Golfo, Colombia’s largest drug cartel. He supplied various purchasers, including Clan Del Golfo, and the cocaine was sent either to Central America for ultimate importation to the United States or routed to Europe.

On July 5, 2015, Colombian law enforcement seized approximately 3,082 kilograms of cocaine near the shoreline of Capurgana, Colombia on the border between Colombia and Panama. One of the defendant’s cocaine purchasers was responsible for smuggling this shipment (pictured below), half of which was intended for the United States.

After his arrest in Colombia in connection with this case, Cubillos-Burbano admitted his involvement in this smuggling venture to federal agents. He further admitted to operating clandestine cocaine laboratories with the permission of Clan Del Golfo, including a laboratory capable of producing 300 to 400 kilograms of cocaine every 15 days.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi- jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.

The specific mission of the OCDETF Panama Express Strike Force is to disrupt and dismantle Transnational Criminal Organizations involved in large scale drug trafficking, money laundering, and related activities. The OCDETF Panama Express Strike Force is comprised of agents and officers from the Coast Guard Investigative Service, Drug Enforcement Administration, Federal Bureau of Investigation, and Homeland Security Investigations. The Department of Justice’s Office of International Affairs, the Narcotic and Dangerous Drug Section’s Judicial Attaché’s Office at the U.S. Embassy in Bogota, and Colombian authorities provided significant assistance in securing the arrest and extradition from Colombia of Cubillos-Burbano.

The prosecution is being led by the Office of the United States Attorney for the Middle District of Florida. It is being prosecuted by Assistant United States Attorney Dan Baeza.

Tampa, Florida – U.S. District Judge Richard A. Lazzara sentenced Jose Jaime Morado Zepeda (28) to three years and six months in federal prison for being an alien in possession of multiple firearms and ammunition. Morado Zepeda entered a guilty plea on November 15, 2023.

According to court documents, on June 27, 2023, a deputy from the Sarasota County Sheriff’s Office arrested Morado Zepeda for driving under the influence. From the truck that Morado Zepeda was driving, deputies recovered two Colt MK IV 45 caliber pistols, a Riley Defense Inc. RAK47 7.62x39mm caliber rifle, a Romarm/Cugir GP WASR-10/63 7.62x39mm caliber rifle, a Winchester 94AE 30-30 caliber rifle, and assorted ammunition.

Subsequent to his arrest, an agent from U.S. Immigration and Customs Enforcement and Removal Operations performed an immigration records check on Morado Zepeda and determined that he was a native and citizen of Mexico with no legal status in the United States.

On July 14, 2023, during an interview with federal agents, Morado Zepeda admitted that he was born in Mexico, did not have legal status in the United States, and that he bought and owned the firearms located in the truck. 

This case was investigated by Homeland Security Investigations Sarasota, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sarasota County Sheriff’s Office, and the North Port Police. It was prosecuted by Assistant United States Attorney Karyna Valdes.

Orlando, FL – U.S. District Judge Gregory A. Presnell today sentenced Michael Shirley (40, Austin, TX) to seven years and three months in federal prison for conspiracy to commit honest services fraud and honest services fraud. As part of his sentence, the court also entered an order of forfeiture in the amount of $536,402.33, which are the proceeds of the offenses. Shirley was found guilty following a jury trial on July 27, 2023.

According to the evidence presented at trial, Shirley served as a campaign consultant for former Seminole County Tax Collector Joel Greenberg in 2016. After Greenberg was elected, Greenberg and Shirley, through Shirley’s company Praetorian Integrated Services LLC, entered into a lucrative contract that provided Shirley with $12,500 each month for the performance of consulting services to the Tax Collector’s office. In that capacity, the evidence established that Shirley did little to no work. Additionally, Shirley began submitting grossly inflated invoices to the Tax collector’s office for printing services.

On September 25, 2017, Shirley, through Joseph Ellicott, paid Greenberg a $6,000 cash kickback and bribe. Ellicott was sentenced for his role in this scheme in 2022 and testified during the trial. As a result of the kickback and bribe, Shirley was allowed to continue billing the Seminole County Tax Collector’s office into September 2019. The evidence established that between October 2017 and September 2019, Shirley performed almost no work for the Tax Collector’s office. As a result of the kickback and bribery scheme, Shirley defrauded the taxpayers of Seminole County out of more than $634,000.

This case was investigated by United States Secret Service and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Amanda Daniels and Chauncey Bratt.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Bryan Lyndell Chapman (26, Mississippi) with one count of manufacturing counterfeit Federal Reserve notes, one count of passing counterfeit Federal Reserve notes, and one count of possession of a firearm by a convicted felon. If convicted, Chapman faces up to 20 years in federal prison on each of the counterfeiting offenses, up to 15 years in federal prison on the firearm offense, and payment of restitution to the victims he allegedly defrauded. The indictment also notifies Chapman that the United States intends to forfeit a Bushmaster Firearms pistol, ammunition, and a printer traceable to the offenses. Chapman was arrested on February 26, 2024, and ordered detained.

According to the indictment and public records, from 2023 into 2024, Chapman manufactured counterfeit Federal Reserve notes. He then defrauded businesses by passing the counterfeit currency. At the time of his arrest, Chapman was out on bond for a pending felony firearm charge in the state of Mississippi. He also was previously convicted of a felony in state court in Tennessee. As a convicted felon, Chapman is prohibited from possessing a firearm under federal law.     

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

This case was investigated by the Columbia County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives – Jacksonville Office, and the United States Secret Service – Jacksonville Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Orlando, Florida – United States Attorney Roger B. Handberg announces that Kristian Ramos (43, Kissimmee) today pleaded guilty to possession of a firearm by a convicted felon. Ramos faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.

According to court documents, on May 23, 2023, Ramos possessed a Beretta Nano 9mm handgun. At the time of the offense, Ramos had prior felony convictions for robbery with a deadly weapon, possession of a controlled substance, and robbery. As such, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orange County Sherriff’s Office. It is being prosecuted by Assistant United States Attorney Noah P. Dorman.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Jesse James Bertetto (30, Webster) to 27 years in federal prison for distributing, receiving, and possessing child sexual abuse material. The court also ordered Bertetto to register as a sex offender and pay $74,500 in restitution. A federal jury found Bertetto guilty on April 12, 2023.

According to testimony and evidence presented at trial, in December 2020, Bertetto possessed child sexual abuse material on his cellphone, including images and videos of minors under the age of 12. The web history on his cellphone revealed that he had searched for child sexual abuse material and had visited websites known to law enforcement as frequently containing child sexual abuse material.

In January 2022, Bertetto possessed images and videos of children on another cellphone, including young children being sexually abused. He also actively traded videos of child sexual abuse material over a social media platform in January 2022.       

“Jesse Bertetto perpetuated the abhorrent behavior of sexually exploiting children online, contributing to the severe psychological damage these children will endure the rest of their life,” said HSI Tampa Assistant Special Agent in Charge Kristopher Pagitt. “Alongside partners like the Volusia County Sheriff’s Office, our investigators are dedicated to removing this vile content from the dark web and holding these predators accountable for their actions.”

This case was investigated by Homeland Security Investigations (HSI) – Tampa and the Volusia County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Ilyssa Spergel.

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

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Carmel Linot (33, Titusville) has pleaded guilty to bank fraud and aggravated identity theft. Linot faces up to 30 years in federal prison for bank fraud and a minimum mandatory penalty of 2 year in prison for the aggravated identity theft, which will run consecutive to any other prison sentence imposed. A sentencing date has not yet been set.

Linot is currently on federal supervised release in the Middle District of Florida for aggravated identity theft in a separate case. He was previously prosecuted by the U.S. Attorney’s Office, Jacksonville Division. Linot was arrested on June 12, 2023, and the court ordered him detained on the federal supervised release case and the new indictment involving bank fraud and aggravated identity theft.  

According to the plea agreement and public records, Linot obtained the Social Security number (SSN) of a minor victim. Using this SSN, a counterfeit State of Georgia driver license, and false employment documents, Linot opened a bank account under a false identity at a credit union. After opening up the bank account in the false identity, he then obtained a credit card by using the victim’s SSN.

This case was investigated by the Brevard County Sheriff’s Office, the Jacksonville Sheriff’s Office, and the United States Secret Service - Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

A Florida tax return preparer was sentenced today to two years in prison for conspiring to defraud the United States by preparing and filing false tax returns for clients. 

According to court documents and statements made in court, from 2017 through 2020, Phedson Dore and his co-conspirator ran Empire Tax Services and filed hundreds of false returns each year. Dore typically inflated federal income tax withholdings and reported fictitious itemized deductions to generate refunds for clients to which they were not entitled. To conceal his participation in the fraud, Dore did not always list on the returns his name as the person who prepared them or include Empire’s Electronic Filing Number (EFIN). Instead, he used his employees’ names and the EFINS of other return preparation businesses. Dore and his co-conspirator caused a loss to the IRS of approximately $970,000.

In addition to the term of imprisonment, U.S. District Judge Roy B. Dalton Jr. ordered Dore to serve two years of supervised release and to pay approximately $970,976.00 in restitution to the United States.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.

IRS Criminal Investigation investigated the case.

Trial Attorneys Brian Flanagan and Marissa Brodney of the Tax Division and Assistant U.S. Attorneys Courtney Richardson-Jones and Shannon Laurie for the Middle District of Florida prosecuted the case.

Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Timothy Burke (45, Tampa) with conspiracy, unauthorized access of protected computers, and violations of the Wiretap Act. If convicted on all counts, Burke faces a maximum penalty of 62 years in federal prison. The indictment also notifies Burke that the United States is seeking forfeiture of a website domain and 20 computer-related devices used to commit the charged criminal conduct, and $1,500, the proceeds of certain charged criminal conduct.  

According to the indictment, Burke and Conspirator 2 secured and used compromised credentials—usernames and passwords—to gain unauthorized access to protected computers owned or used by the victim entities, namely the “National Sports League” and “StreamCo,” and to obtain and steal information from those entities’ computers. As to the StreamCo-related conduct, the indictment further alleges that Burke and Conspirator 2: (1) used the compromised credentials to access a website of the StreamCo-Net, a StreamCo service that allowed its broadcaster-customers to record and transmit high-resolution encoded content and communications over the Internet; (2) obtained and stole StreamCo proprietary information from that website; and then (3) used that stolen StreamCo proprietary information to intercept, download, and save the StreamCo broadcaster-customers’ streams. The indictment also specifies two StreamCo broadcaster-customers impacted by the charged conduct.     

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

This case was investigated by the Federal Bureau of Investigation, Tampa Field Office – Cyber Squad. It will be prosecuted by Assistant United States Attorneys Jay G. Trezevant and James A. Muench.

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Tampa, Florida – U.S. District Judge Thomas Barber has sentenced Saoud Al Naimi (21, Tampa) to five years in federal prison, followed by a lifetime of supervised release, for transporting and possessing child sexual abuse material. The court also ordered Al Naimi to forfeit three iPhones, an iPad Pro, and a MacBook, which were used in the commission of the offense. Al Naimi was also ordered to register as a sex offender. Al Naimi entered a guilty plea on August 22, 2023.

According to court documents, Al Naimi is a citizen of Qatar and was in the United States on a student visa, attending courses at a local college. Homeland Security Investigations (HSI) received a tip from the National Center for Missing and Exploited Children (NCMEC) regarding Al Naimi’s use of an internet platform to upload a video of child sexual abuse. HSI agents searched Al Naimi’s electronic devices for evidence of child sexual abuse material and found hundreds of images and videos of children engaged in sex acts, including children under 12 years old. A search of Al Naimi’s iPhone revealed that he had obtained images of child sexual abuse in May 2020, while outside of the United States. U.S. border crossing records confirmed Al Naimi transported child sexual abuse material into the United States when he entered in January 2022. Between May 2020 and April 2022, Al Naimi transported child sexual abuse material between the United States and Qatar approximately three times.

“This predator contributed to the vile practice of sexually exploiting children online and has caused irreparable harm by condemning them to a lifetime of victimhood,” said HSI Tampa Assistant Special Agent in Charge Kristopher Pagitt. “Alongside partners like the National Center for Missing and Exploited Children, HSI investigators will always seek to stop the vile actions of child predators and hold them accountable for their actions.” 

This case was investigated by Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel.

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

Orlando, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Alfred Lamar Shavers (49, Bunnell) and Tyrone James Jones (56, Palm Coast) guilty of conspiring to distribute controlled substances. Jones was also convicted of distributing methamphetamine on two separate occasions, and Shavers was convicted of possessing a firearm as a convicted felon. Their sentencing hearings have been scheduled for May 28, 2024. Shavers, Jones, and seven co-conspirators were charged in a superseding indictment resulting from a joint, multi-state investigation Organized Crime Drug Enforcement Task Force (OCDETF) operation.

According to the evidence presented at trial, Jones and Shavers were local drug dealers who operated in Volusia and Flagler counties. They were part of a drug trafficking organization that imported large quantities of methamphetamine and cocaine from Mexico into California and Arizona, and then transported it in commercial trucks across the country into the Middle District of Florida. Jones distributed several pounds of methamphetamine on multiple occasions during the investigation.

During the investigation, Shavers purchased and sold distribution quantities of cocaine on several occasions from his Bunnell residence. On October 31, 2022, search warrants were executed at six locations in Palm Coast, Bunnell, and Daytona Beach—including Shavers’s residence. During the search of Shavers’s residence, law enforcement seized nine firearms, hundreds of rounds of ammunitions, cocaine, a digital scale, and small baggies. Shavers is a previously convicted felon and was prohibited from possessing a firearm or ammunition under federal law. Shavers stipulated to the forfeiture of all the firearms in the superseding indictment.

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Flagler County Sheriff’s Office, and the Volusia Bureau of Investigation which includes the Volusia County Sheriff’s Office, the Daytona Beach Police Department, and the DeLand Police Department.

It is being prosecuted by Assistant United States Attorney Michael Sartoian and Special Assistant United States Attorney Matthew Del Mastro.

Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Edgar Guintivano (52, Jacksonville) to 15 years in federal prison for possessing with the intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking offense. Guintivano entered a guilty plea on November 16, 2023.

According to court documents, on February 21, 2023, officers from the Jacksonville Beach Police Department conducted a traffic stop due to Guintivano not having a valid driver license. Guintivano had 256 grams of methamphetamine in his vehicle. In addition to the narcotics, Guintivano had a loaded Glock pistol on his person, as well as two batons. Inside the vehicle, there was an additional firearm, as well as seven knives in the driver’s door panel.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jacksonville Beach Police Department, and the Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorney John Cannizzaro.     

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Ocala, Florida – United States Attorney Roger B. Handberg announces that Dominick Nardone (45, Orlando) has pleaded guilty to possessing child sexual abuse material. Because Nardone was previously convicted of a child sexual exploitation offense, he faces a minimum mandatory sentence of 10 years, up to 20 years, in federal prison. A sentencing date has not yet been set.

According to court documents, in 2014, Nardone was sentenced to seven years in federal prison for receipt of child sexual abuse material. After completing his prison sentence, Nardone began a term of court supervision. On October 31, 2020, a probation officer conducted an unannounced home visit at Nardone’s residence. When questioned about his use of electronic devices, Nardone admitted that he had used a cellphone to search for child sexual abuse material in the preceding three weeks. The probation officer immediately seized Nardone’s cellphone and had the contents forensically examined. This examination revealed that Nardone had an extensive history of viewing and downloading child sexual abuse material on the cellphone.

This case was investigated by Homeland Security Investigations (HSI) and United States Probation. It is being prosecuted by Assistant United States Attorney William S. Hamilton.

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

Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Yadier Torres-Rivera (35, Orlando) to 15 years and 8 months in federal prison for distributing 40 grams or more of a mixture and substance containing a detectable amount of fentanyl. Torres-Rivera entered a guilty plea on November 12, 2023.

According to court documents, from August through December 2022, Torres-Rivera distributed fentanyl four times to a confidential source working for the Volusia Bureau of Investigation (VBI) before the VBI confidential source introduced a Drug Enforcement Administration (DEA) undercover agent to Torres-Rivera. Between December 2022 and February 2023, the DEA undercover agent conducted four additional purchases of fentanyl from Torres-Rivera in the following amounts: 30.2 grams, 92.5 grams, 100.9 grams, and 104 grams. In total, Torres-Rivera was responsible for distributing nearly 500 grams of fentanyl to the VBI confidential source and DEA undercover agent.

Additionally, at the time of his arrest in September 2023, Torres-Rivera’s had on his person a loaded Glock 27 handgun with an attached auto-sear, an extended magazine loaded in the magazine well, and a round of ammunition in the firing chamber. He also had in his possession a regular-sized Glock magazine containing rounds of ammunition. As part of the plea agreement, Torres-Rivera has agreed to abandon all rights to the handgun and associated magazines and ammunition that were seized from him.

This case was investigated by the Drug Enforcement Administration, the Volusia Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Megan Testerman.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Ocala, Florida – Senior United States United States District Judge Gregory A. Presnell has sentenced Wendell Doyle Goney (52, Mount Dora) to four years in federal prison for possessing a firearm as a convicted felon. Goney entered a guilty plea on October 5, 2023.

According to the plea agreement, on July 11, 2021, deputies from the Lake County Sheriff’s Office responded to a burglary at a 10-acre business property in Mount Dora. The deputies used a law enforcement drone to assist with the outdoor search, only to have the drone destroyed by gunfire from a neighboring property. When deputies responded to that location, they confronted Goney, who admitted that he had just shot down the drone with a .22 caliber rifle. Goney claimed the drone had been “harassing” him. Goney then admitted to the deputies that he could not lawfully possess a firearm because he was a convicted felon. A record check confirmed multiple prior state felony convictions, which included aggravated assault on a law enforcement officer, resisting arrest with violence, illegal drug possession, burglary, and possession of a firearm by a convicted felon. As a convicted felon, Goney is prohibited from possessing firearms and ammunition under federal law. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Department of Transportation – Office of Inspector General, and the Lake County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Devin Alan Rhoden (24, Pinellas Park), a/k/a “Denny” and “Deviinz,” and Berman Jerry Nowlin, Jr. (20, Huntsville, AL), a/k/a “Repulse” and “Zayous,” with conspiracy to commit wire fraud and money laundering. If convicted, Rhoden and Nowlin each face a maximum penalty of five years in federal prison.

According to court documents, in March 2022, Rhoden and Nowlin minted two non-fungible token (NFT) collections on the Solana blockchain named “UndeadApes” and “Undead Lady Apes.” In the weeks following the mint, the average sale price of both NFT collections (pictured below) increased significantly.

UndeadApes Collection

Undead Lady Apes Collection

In April 2022, Rhoden and Nowlin announced their intention to mint a third NFT collection named “Undead Tombstone.” In the announcement and subsequent advertisements, Rhoden and Nowlin made a number of material misrepresentations to attract victim-investors. On April 19, 2022, Rhoden and Nowlin minted 632 Undead Tombstone NFTs, resulting in approximately $135,000 USD in cryptocurrency being sent to wallets under the Rhoden and Nowlin’s control. Rhoden and Nowlin then abandoned the mint without satisfying several of the representations made to victim-investors, commonly known as a “rug pull.”

Rhoden and Nowlin transferred the fraud proceeds from the Solana blockchain to the Ethereum blockchain, also known as “chain-hopping.” This obfuscation technique is used by cybercriminals and money launderers to make identifying and tracing illicit funds more difficult. Rhoden and Nowlin then used the cryptocurrency to purchase U.S. dollars and transferred the currency into their respective bank accounts. In a matter of weeks, the three NFT collections resulted in Rhoden and Nowlin receiving more than $300,000 USD in cryptocurrency from hundreds of victim-investors all over the world.

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

This case was investigated by the U.S. Air Force Office of Special Investigations, Homeland Security Investigations (HSI), the Department of Defense – Office of Inspector General, the Defense Criminal Investigative Service, and the Pasco Sheriff's Office. It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.

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Fort Myers, Florida – United States Attorney Roger B. Handberg announces that Javier Joel Perez (45, Immokalee) today pleaded guilty to possessing a controlled substance with the intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm and ammunition as a convicted felon. Perez faces a maximum penalty of life in federal prison. A sentencing date has not yet been set. Perez has also agreed to forfeit the firearm and ammunition used to facilitate the offenses.

According to court documents, deputies from the Collier County Sheriff’s Office executed a search warrant on Perez’s residence and located marijuana, cocaine, and methamphetamine packaged for distribution. They also located a loaded firearm. Perez told deputies that the items located in his residence belonged to him. Perez is a nine-time convicted felon, as such he prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Collier County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Mark Morgan.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make out neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in first place, setting focused and strategic enforcement priorities, and measuring the results. 

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that William Rand Paige, Jr. (50, Fernandina Beach) has pleaded guilty to using the internet to attempt to entice a 11-year-old child to engage in sexual activity. Paige faces a minimum mandatory penalty of 10 years, up to life, in federal prison and a potential life term of supervised release. A sentencing date has not yet been set. Paige was arrested on December 18, 2023, and has since been detained.  

According to court documents, on November 29, 2023, an undercover FBI agent in Jacksonville was conducting an online undercover operation to identify individuals who were seeking to meet and engage in sexual activity with children. Posing as a person with access to an 11-year-old child, the undercover agent was online in a particular social messaging app when he was contacted by an individual using the app user name “ah..904,” subsequently identified as Paige. After learning the age of the “child,” Paige asked the agent if he and the “child” would “like her to be touched all over.” In a series of online conversations on the app and emails from November 29 through December 11, 2023, Paige discussed his desire to meet the “child” and engage in sexual activity with her. On December 11, 2023, Paige contacted the undercover agent online and stated “What are your thoughts on meeting? You think [the “child”] would be receptive? Do you want to have it happen?” On December 4 and again on December 11, 2023, Paige sent the undercover agent several videos depicting young children being sexually abused.

On December 18, 2023, FBI agents executed a federal search warrant at Paige’s residence and arrested Paige. A review of the content on Paige’s cellphone revealed that it contained at least one photo depicting the sexual abuse of a child, as well as the email account used by Paige to communicate with the undercover agent.      

This case was investigated by the Federal Bureau of Investigation, the Nassau County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 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 child victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington has sentenced Jacob Spinoza (50, Weeki Wachee) to nine years and Veronica Jo Barback (29, Weeki Wachee) to three years and four months in federal prison, respectively, for conspiring to distribute protonitazene and metonitazene. Spinoza and Barback were also ordered to forfeit several firearms and assorted ammunition traceable to the offense. Spinoza pleaded guilty on September 7, 2023, and Barback pleaded guilty on September 12, 2023.

According to court records, Spinoza and Barback conspired to distribute two chemicals in the nitazene class: protonitazene and metonitazene. These are chemicals intended to have similar effects on the body as fentanyl, with varying degrees of potency stronger than fentanyl. Spinoza obtained the chemicals from China and the packages were delivered to the Middle District of Florida. On October 7, 2022, law enforcement officers executed a search warrant at the residence the two shared and recovered trafficking amounts of protonitazene and metonitazene, as well as cash, digital scales, drug paraphernalia, firearms, and ammunition.

This case was investigated by the Drug Enforcement Administration and Hernando County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Dan Baeza.

Orlando, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Jonen Castillo (23, Orlando) with smuggling firearms from the United States to Canada. If convicted, Castillo faces a maximum penalty of 10 years in federal prison. The indictment also notifies Castillo that the United States intends to forfeit a Smith and Wesson firearm and four Glock firearms, which are alleged to be involved in the offense.

According to the indictment, between June 10 and June 29, 2023, Castillo concealed and attempted to export firearms from the United States to Canada, contrary to United States law and regulation.

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

This case was investigated by Homeland Security Investigations (HSI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Diane Hu.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Orlando, Florida – U.S. District Judge Roy B. Dalton today sentenced Timothy Jones, (60, Orlando) to 25 years in federal prison for bank robbery. The court also ordered Jones to forfeit $30,000 of unrecovered proceeds from his robberies. Jones pleaded guilty to one count of bank robbery on September 26, 2023. 

According to court documents, on June 1, 2022, Jones was released from Putnam County Correctional Facility after having served an eight-year term of incarceration for committing a bank robbery of a Wells Fargo bank located on Orange Blossom Trail in Orlando. On the morning of June 2, 2022, Jones walked into a Truist Bank on that same street in Orlando, met with an employee in an office, and announced that it was a robbery. Jones told the employee that he had a gun and would shoot everyone in the bank if they did not give him $150,000 and told the employee that there would be a “bloodbath” if he did not get what he wanted. After employees provided $30,000, Jones took the keys to an employee’s car and escaped.

Seven days later, on June 9, 2022, Jones entered a SouthState bank in Kissimmee. He walked into an office with an employee and announced it was a robbery and that he had a gun. Jones told the employee he did not want any “funny business” and demanded $50,000 that they then provided. He again took the keys to an employee’s car and escaped in that car. Later that afternoon, Jones was apprehended near the employee’s car with $1,815 in cash and $47,200 in the vehicle.

After being arrested and detained on state and then federal charges, Jones claimed to be mentally incompetent and unable to stand trial. In May 2023, Jones wrote handwritten letter to a relative and attempted to conceal it from law enforcement by marking it as though he was communicating to an attorney. In the letter to his relative, Jones explained that he was pretending to be incompetent in order to “manipulate,” “trick,” and “fool” doctors and the court system into showing him leniency and reducing his sentence. Jones had been convicted of robbery charges in 1995, 2006, and 2013 and had spent almost all of the past 18 years incarcerated for robbery charges. Jones was sentenced as a career offender.   

This case was investigated by the Federal Bureau of Investigation, with assistance from the Kissimmee Police Department and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Dana E. Hill.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Scott Carpenter, Jr. (46, Lakeland) to 28 years in federal prison for interference with commerce by robbery and brandishing a firearm during and in relation to a crime of violence. The court also ordered Carpenter to forfeit three firearms and 122 rounds of ammunition, which are traceable to his offenses. Carpenter also must pay $22,220.52 in restitution to victims, which represents the proceeds of his offenses. Carpenter entered a guilty plea on November 14, 2023.

According to court documents, between August 2018 and August 2021, Carpenter committed at least 13 commercial armed robberies victimizing businesses in Lakeland, Auburndale, St. Petersburg, Tampa, Brandon, Zephyrhills, Gibsonton, and Temple Terrace. All but one of the robberies victimized Dollar Tree store employees and followed the same pattern. Carpenter dressed in all black and waited for the targeted Dollar Tree store to close for the night. Then, as the store employee carrying the day’s proceeds either walked to his/her car in the store parking lot, or after the store employee drove to a nearby bank and prepared to drop the proceeds into night deposit box, Carpenter jumped out, accosted the store employee, brandished a gun, threatened the store employee, and demanded that the employee surrender the money. Law enforcement officers subsequently searched Carpenter’s home and truck where they found guns and clothing that he had used during the robberies.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Michael M. Gordon.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, FL – U.S. District Judge Mary Scriven has sentenced Benjamin Lara (39, Ruskin) to one year and one day in federal prison for mail fraud. The court also ordered Lara to pay $68,086.23 in restitution. Lara entered a guilty plea on November 13, 2023.

According to court documents, between March 2016 and July 2017, Lara was employed as a personal banker at a bank in West Bradenton. Through this position, Lara assisted an 85-year-old bank customer. Lara later used information gained through his position to send 31 automatic bill payment checks in his name, to his home address in Ruskin, from that customer’s accounts. Lara also electronically transferred funds from the victim’s account onto three pre-paid cards. In total, between December 2017 and July 2019, Lara stole $68,086 from the victim’s bank account.

This case was investigated by the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Nicole Danielle Devilbiss (35, Jacksonville) today pleaded guilty to conspiracy to create and distribute animal crush videos. Devilbiss faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.

Animal crushing is defined under federal criminal law as “actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians, is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury.”

According to the plea agreement, in September 2023, Homeland Security Investigations (HSI) in Jacksonville received information regarding an individual residing in Jacksonville, who was identified as an administrator of a social media application group chat that was dedicated to the abuse, torture, and death of various-aged monkeys. The HSI investigation revealed that numerous people involved in the group exchanged hundreds of messages about the abuse and torture of monkeys, as well as videos depicting the abuse and torture of monkeys. The purpose of the group was to fund, view, distribute, and promote animal crush videos that depicted the torture, murder, and sadistic mutilation of animals, specifically baby and adult monkeys. The co-conspirators agreed to create animal crush videos using videographers and animals in other countries, to include Indonesia, which would then be sent to the United States. The name of the group changed multiple times to innocuous names that were inconsistent with the goals and interests of the group, which appeared to be in an effort to avoid detection by law enforcement. 

This investigation led to the identification of Devilbiss as a member of that group. Law enforcement was able to obtain some of those messages and videos that were exchanged involving her.

Devilbiss and her co-conspirators collectively funded the creation of animal crush videos using online payment applications. Co-conspirators outside the United States received this funding and used it create animal crush videos. Between April 14, 2022, and continuing through May 23, 2023, Devilbiss sent at least three payments to her co-conspirators using an online payment application for the purpose of funding the creation of animal crush videos. The IP addresses from the Devilbiss’s transactions were tied to her internet account at her residence.

A federal search warrant was executed at her residence and numerous electronic devices were seized. Devilbiss’s devices were reviewed and analyzed.  Law enforcement found numerous videos depicting the torture of monkeys. 

This case was investigated by the Clay County Sheriff’s Office, the Jacksonville Sheriff’s Office, the St. Johns County Sheriff’s Office, and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorneys Ashley Washington and Elisibeth Adams.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Geoffrey Gaston (29, Orlando) to seven years in federal prison for committing five armed robberies between September 12 and October 12, 2022. The court also ordered Gaston to forfeit the $1,323 stolen as well as the $517 found in his vehicle upon his arrest that were proceeds of the offenses. Gaston entered a guilty plea on November 16, 2023. 

According to court documents, at 4:30 a.m. on September 12, 2022, Gaston, dressed in all-black and wearing gloves, entered a 7-Eleven store in Orlando and displayed what appeared to be a handgun. He demanded all the money in the cash drawer. Law enforcement later obtained evidence that Gaston had been searching the internet for “realistic toy gun” in the weeks leading up to this robbery and “.380,” “.22 pistol,” and “Saturday night special gun,” after this robbery. 

On September 26, 2022, at approximately 4:20 a.m., Gaston conducted another robbery at a 7-Eleven store in Altamonte Springs wearing the same outfit and again displaying what appeared to be a firearm and robbing the store of $73 (pictured below)

Gaston went on to perpetrate the same armed robbery at another 7-Eleven store that same morning at 4:50 a.m. in Oviedo, obtaining $300 (pictured below).

On October 5, 2022, at approximately 3:50 a.m., Gaston robbed another 7-Eleven in Orlando, obtaining $100 after showing the cashier an apparent firearm (pictured below).      

 

On October 12, 2022, at approximately 4:45 a.m., Gaston returned to the first 7-Eleven he had robbed a month earlier, obtaining $350 by showing the cashier his weapon and demanding that he empty the drawer.      

Gaston was arrested later that week at the 7-Eleven where he worked.

This case was investigated by the Federal Bureau of Investigation, with assistance from the Orlando Police Department, the Orange County Sheriff’s Office, the Seminole County Sheriff’s Office, and the Altamonte Springs Police Department. It was prosecuted by Assistant United States Attorneys Dana E. Hill and Noah Dorman.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, Florida – United States Attorney Roger B. Handberg announces the arrest and extradition of Paul Creighton (67, Canada). Creighton is charged with enticement of a minor and production of child sexual abuse material. If convicted on all counts, Creighton faces a minimum mandatory sentence of 15 years, up to life, in federal prison.

Creighton, a citizen and resident of Canada, was arrested by Canadian authorities at the request of the United States on November 12, 2020. On February 8, 2024, Creighton was extradited from Canada to the United States. He appeared in Tampa before Untied States Magistrate Judge Sean P. Flynn on February 9, 2024, and was ordered detained pending trial.

According to the indictment, between 2012 and 2017, Creighton communicated via the internet with children throughout the United States. During this time, Creighton induced the children to send sexually explicit photos and videos of themselves. Creighton also sent pictures of himself, purchased sex toys for the children, and later flew to Orlando to meet with one of his victims.

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

This investigation was led by the Federal Bureau of Investigation, Tampa Field Office. Substantial assistance was provided by the Department of Justice’s Office of International Affairs, the United States Marshals Service, and the Niagara Regional Police Service. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.

It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in 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 child victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Brandale Swails (29, Tampa) with Hobbs Act robbery and use of a firearm during and in relation to a crime of violence. If convicted on both counts, Swails faces a minimum mandatory sentence of seven years in federal prison.

According to court documents, on October 15, 2023, Swails arrived at a Tampa gas station on a bicycle, entered the business, pointed a gun at the clerk, and demanded money. The clerk immediately hid behind the counter, and Swails jumped over the counter. Swails stated he would shoot the victim if he did not open the register and demanded one-hundred-dollar bills. Swails continued to hold the victim at gunpoint while directing the victim into a bathroom. Swails then exited the business with an undisclosed amount of cash and fled on a bicycle. Swails was arrested two weeks later, hiding inside a bedroom closet.

      

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

This case was investigated by the Hillsborough County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Andi Junior Jacques and Dickenson Elan to federal prison terms for their roles in a RICO conspiracy involving cyber intrusions and millions of dollars of tax fraud. Six co-defendants were previously sentenced for their roles in the offense and one will be sentenced at a later date for his involvement in the conspiracy. See chart below for details.

Defendant

(Age, Residence)

Status

Charge(s)

Sentence Imposed

Louisaint Jolteus

(37, West Palm Beach)

Pleaded guilty July 6, 2022

RICO conspiracy

9 years, 2 months in prison; $2,928,841 in restitution

Louis Noel Michel

(29, Hollywood)

Pleaded guilty July 25, 2023

RICO conspiracy and aggravated identity theft

6 years, 8 months in prison; $1,941,533 in restitution

Andi Jacques

(42, Greenacres)

Pleaded guilty August 23, 2023

RICO conspiracy and aggravated identity theft

16 years in prison; $4,291,272 in restitution

Jeff Jordan Propht-Francisque

(29, Pompano Beach)

Pleaded guilty August 29, 2023

RICO conspiracy

4 years in prison; $2,574,235 in restitution

Michael Jean Poix

(33, West Palm Beach)

Pleaded guilty August 29, 2023

RICO conspiracy and aggravated identity theft

10 years, 10 months in prison; $130,771 in restitution

Alain Jean-Louis

(32, Miami)

Pleaded guilty August 31, 2023

RICO conspiracy and aggravated identity theft

8 years, 6 months in prison; $2,554,907 in restitution

Monika Shauntel Jenkins

(34, Hollywood)

Pleaded guilty September 18, 2023

RICO conspiracy and aggravated identity theft

7 years, 3 months in prison; $3,384,913 in restitution

Vladimyr Cherelus

(34, Lauderdale Lakes)

Pleaded guilty September 18, 2023

RICO conspiracy

Sentencing hearing is scheduled for February 29, 2024

Dickenson Elan

(40, Clearwater)

Found guilty (jury trial) November 6, 2023

RICO conspiracy

11 years, 3 months in prison; $4,291,272 in restitution

According to court documents, from 2015 through 2019, the defendants and numerous other conspirators—including a now-deceased conspirator who is referenced in the indictment as RICH4EVER4430—banded together to engage in a sophisticated cybercrime and tax fraud scheme. RICH4EVER4430, Jean-Louis, Jenkins, Michel, Propht-Francisque, and Cherelus used the dark web to purchase server credentials for the computer servers of Certified Public Accounting (CPA) and tax preparation firms across the country. They used those server credentials to remotely and covertly commit computer intrusions and exfiltrate the tax returns of thousands of taxpayers who were clients of those CPA and tax preparation firms.

Jacques, Elan, Jean-Poix, and Jolteus were involved with creating and operating fraudulent tax businesses to file false tax returns in the names of thousands of victims. They also registered preparer tax identification numbers with the Internal Revenue Service (IRS) using the names and information of identity theft victims to make it appear those victims were the individuals who were filing false returns in bulk.

RICH4EVER4430, Jean-Louis, Jenkins, Michel, Propht-Francisque, Cherelus, and other conspirators then partnered with Jacques, Elan, Poix, Jolteus, and others to form an enterprise through which they filed thousands of false tax returns in the names of more than 9,000 identity theft victims. 

The conspirators directed the resulting tax refunds to debit cards and bank accounts they controlled. To make the businesses appear more legitimate, members of the enterprise opened bank accounts in the names of these fraudulent tax businesses to receive fake “tax preparer fees.”

As the RICO conspiracy evolved, members of the enterprise “hijacked” the IRS-issued identification numbers of CPA and tax preparation firms and used those identification numbers to file scores of additional false tax returns. Members of the enterprise filed false self-prepared tax returns using stolen identities as well. Altogether, the enterprise claimed more than $45 million in false tax refunds over approximately four years. The actual loss to the IRS and the United States was estimated to be more than $7 million.

“The recent sentencings of these co-conspirators, highlights the unwavering dedication of IRS-CI and our law enforcement partners in combating cybercrime. Our determination remains resolute in pursuing individuals who exploit technology as a means to commit unlawful activities,” said Tara K. Reed IRS-CI Acting Special Agent in Charge. “These sentences serve as a stark warning to potential wrongdoers that there is nowhere to hide, and IRS-CI will work tirelessly to bring you and your misdeeds to light.”

“This was a milestone investigation for the FBI because of the RICO cybercrime conspiracy,” said FBI Tampa Division Special Agent in Charge David Walker. “It underscores the evolution of the cyber threat and how criminals are learning cyber tradecraft in an attempt to advance their criminal enterprises. However, this case also demonstrates how the FBI and our law enforcement partners are evolving our approach to investigations and prosecutions to continue to successfully disrupt cyber gangs.”

This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation in Orlando, with assistance from the FBI Miami and IRS-CI  Minnesota. It was prosecuted by Assistant United States Attorneys Emily C. L. Chang, John M. Gardella, William S. Hamilton, Dana E. Hill, and Special Assistant United States Attorney Matthew Del Mastro.  

Orlando, FL – U.S. District Judge Carlos E. Mendoza has sentenced Antione Oshea Ladson (29, Orlando) to 10 years and 6 months in federal prison for drug trafficking and possessing a firearm and ammunition as a convicted felon. Ladson pleaded guilty on July 11, 2023.

According to court documents, on August 27, 2022, Ladson checked into a hotel in Orlando. While walking through an outdoor breezeway, Ladson encountered another man walking past him. After a brief verbal confrontation with the man, Ladson lifted his modified pistol and shot the man in the neck using a caliber of ammunition similar to that commonly found in military assault rifles (shell casing pictured below). The man survived the shooting.

On November 16, 2022, Ladson was apprehended by law enforcement at a convenience store in Orlando. Beneath a grocery shelf that Ladson was seen lifting, officers found a fanny pack containing Ladson’s wallet and Social Security card, two digital scales used for weighing narcotics, a pistol magazine, and plastic baggies containing cocaine and marijuana. Underneath Ladson’s fanny pack was a Glock 23 pistol loaded with 14 rounds of 9mm ammunition. At the time, Ladson had multiple prior felony convictions and is prohibited from possessing both firearms and ammunition under federal law.  Ladson was arrested on state charges and subsequently released on bond.

On December 27, 2022, members of the Orange County Sheriff’s Office Gang Enforcement Unit observed Ladson driving near Orange Blossom Trail and initiated a traffic stop. A search of Ladson’s car revealed an XD9 firearm with 19 rounds of live ammunition, an additional 12-round magazine fully loaded with 9mm rounds, a drum-style magazine (pictured below), 4.8 grams of crack cocaine, and 61.4 grams of marijuana. Photographs of the firearm and drum magazine below:

Court documents further showed that Ladson frequently livestreamed himself driving around the Orlando area while fully armed, often with modified weapons (video stills below):

                                                                                                          

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Orange County Sheriff’s Office, and the Orange County Sheriff’s Office Gang Enforcement Unit. It was prosecuted by Assistant United States Attorney David Pardo.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Ocala, Florida –United States Attorney Roger B. Handberg announces that Michael Latrelle Simpson (23, Ocala) has pleaded guilty to possession of a firearm by a convicted felon. Simpson faces a maximum penalty of 10 years in federal prison. A federal grand jury indicted Simpson on July 19, 2022. A sentencing date has not been set.

According to court documents, on January 26, 2022, Simpson was a passenger in a vehicle stopped by law enforcement for a traffic infraction. A handgun was located near where Simpson was seated in the vehicle. Simpson’s DNA was found on the magazine, slide, and sights of that firearm. Simpson has multiple prior state convictions, including for battery on detention staff, felony battery, and fleeing or attempting to elude law enforcement with disregard for safety. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Federal Bureau of Investigation and the Ocala Police Department. It is being prosecuted by Assistant United States Attorneys Robert E. Bodnar, Jr., and Sarah Janette Swartzberg.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Roger Lee Caldwell, Jr. (40, Bradenton) guilty of producing child sexual abuse material, two counts of transporting minors with intent to engage in sexual activity, and possession of child sexual abuse material. Caldwell faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for May 15, 2024. Caldwell was indicted on May 17, 2023.

According to testimony and evidence presented at trial, Caldwell sexually abused both victims for approximately five years, beginning at the age of eight. Caldwell also produced an image of one of the victims at the age of nine, while forcing her to engage in a sex act. The image, recovered from Caldwell’s cellphone, depicted Caldwell wearing a uniquely designed belt, the same belt worn by Caldwell at the time of his arrest.

In March 2022, Caldwell traveled alone with both victims to Ohio, where he sexually abused them multiple times during the trip. Upon their return home, both victims disclosed the sexual abuse to law enforcement. One of the victims retained a pair of underwear worn after the last time Caldwell had sexually assaulted her during the road trip. A DNA analysis of the underwear confirmed the presence of Caldwell’s semen.

Caldwell also had a collection of child sexual abuse material on a computer seized during a search of his home.

This case was investigated by the Federal Bureau of Investigation, the Manatee County Sheriff’s Office, the Bradenton Police Department, the Palmetto Police Department, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorneys Stacie Harris, Courtney Derry, and Abigail King.

It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in 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 child victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Tamiko L. Williams (48, Jacksonville) has pleaded guilty to theft of government money. Williams faces a maximum penalty of 10 years in federal prison. A sentencing date has not been scheduled. As part of her plea, Williams agreed to forfeit $103,820, the proceeds of her criminal conduct. 

According to court documents, between December 2019 and continuing through April 2022, Williams agreed to be a fiduciary for Veterans Affairs (VA) funds that were meant to benefit her disabled family member. During that time, Williams made large cash withdrawals from the fiduciary account and used it for personal spending until she was removed from the fiduciary account in April 2022. 

“Today’s guilty plea sends a clear message that the VA OIG will vigorously investigate those who steal from vulnerable veterans who are unable to manage their financial affairs,” said Special Agent in Charge David Spilker with the Department of Veterans Affairs Office of Inspector General’s Southeast Field Office. “The VA OIG appreciates the support of the U.S. Attorney’s Office for their efforts to stop fraud within the VA’s Fiduciary Program.”

This case was investigated by Department of Veterans Affairs - Office of Inspector General’s Southeast Field Office and the Social Security Administration Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Brenna Falzetta. The forfeiture is being handled by Assistant United States Attorney Jennifer Harrington.   

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Carl Stephen Smith, Jr. (33, Green Cove Springs) has pleaded guilty to distributing child sexual abuse materials using the internet. Smith faces a minimum mandatory penalty of 5 years, up to 20 years, in federal prison. Smith was arrested on January 31, 2023, and has been detained since that time.

According to court documents, the National Center for Missing and Exploited Children (NCMEC) received a CyberTipline report in July 2022 from an online social media application (app) that indicated three child sexual abuse videos had been uploaded on the app by a user named “daddysir142.” The internet protocol (IP) address used to upload these materials was traced to an internet service provider in Green Cove Springs. An investigation by the Clay County Sheriff’s Office revealed numerous other CyberTipline reports submitted by online social media apps for IP addresses that were linked to Smith and his residence in Green Cove Springs.

On January 31, 2023, agents from Homeland Security Investigations (HSI), together with other law enforcement personnel, executed a federal search warrant at Smith’s residence. During an interview with law enforcement, Smith admitted that he communicated with minors on social media and that he used social media apps to search for child sexual abuse materials.

HSI agents seized a cellphone belonging to Smith. A forensic review of this device revealed that it contained at least 22 videos and 37 photos depicting minors engaging in sexually explicit conduct. The device contained online conversations between Smith and other users in which Smith distributed materials depicting the sexual abuse of young children.

This case was investigated by the Clay County Sheriff’s Office, the Jacksonville Sheriff’s Office, the Putnam County Sheriff’s Office, the Florida Department of Law Enforcement, and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in 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 child victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Fort Myers, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging James Michael O’Brien (48, North Port) with theft of a firearm from a firearms dealer and possession of a stolen firearm. If convicted, O’Brien faces a maximum penalty of 10 years in federal prison on each count.

According to the indictment, on January 17, 2024, O’Brien stole a firearm from J&J One Stop Gun Shop in Port Charlotte, a federal firearms licensee.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Mark Morgan.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make out neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in first place, setting focused and strategic enforcement priorities, and measuring the results. 

Ocala, Florida – United States Attorney Roger B. Handberg announces the arrest of Frank Thomas Diviak (23, Altoona) on an indictment charging him with possession of a firearm by a convicted felon, possession of stolen firearm, and stealing a firearm from a federal firearms licensee. If convicted, Diviak faces up to 15 years in federal prison for possessing a firearm as a convicted felon and up to 10 years in prison each for possessing the stolen firearm and stealing firearms from a federal firearms licensee. A federal grand jury returned the indictment on December 20, 2023. 

According to court records, Diviak was previously convicted of three state felonies, including aggravated assault with a deadly weapon and fleeing or attempting to elude law enforcement. On December 4, 2023, Diviak went into a Lake County pawn shop, took a revolver off a display, and put it in his pocket. He fled the store on his bicycle but was quickly apprehended by law enforcement. As Diviak raised his hands to surrender to the officers, the stolen revolver fell out of his clothing and onto the ground. As a convicted felon, Diviak is prohibited from possessing firearms and ammunition under federal law.

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

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eustis Police Department. It will be prosecuted by Assistant United States Attorney Hannah Nowalk.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Ocala, Florida – United States Attorney Roger B. Handberg announces the arrest of William Scott Fogg (37, Altoona) on an indictment charging him with possession of a firearm by a convicted felon. If convicted, Fogg faces up to 15 years in federal prison. A federal grand jury indicted Fogg on December 20, 2023. 

According to court records, Fogg has been convicted of eight felonies since 2008, including burglary, grand theft, and illegal drug possession. On August 28, 2023, Fogg approached his girlfriend, who was seated in a truck with her minor children. Fogg entered the vehicle, took a pistol out of the center console, pulled back the slide, and threatened to shoot all of them. Responding deputies subsequently took Fogg into custody and recovered the loaded firearm. As a convicted felon, Fogg is prohibited from possessing firearms and ammunition under federal law.  

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

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lake County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Hannah Nowalk.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Jacksonville, FL – U.S. District Judge Timothy J. Corrigan today sentenced Paul Bryan McCorkle (55, Interlachen) to 27 months in federal prison for being a felon in possession of an explosive. The court also ordered McCorkle to forfeit an improvised explosive device. McCorkle entered a guilty plea on October 25, 2023.

According to court documents, McCorkle had been convicted of online enticement of a child in 2003 and was required to register as a sex offender. In 2007, and again in 2013, McCorkle failed to update his sex offender registration as required and was convicted of these felony offenses. As a convicted felon, McCorkle was prohibited from possessing explosives.

On February 22, 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) responded to a mobile home fire in Putnam County. Once there, several witnesses reported that McCorkle had been manufacturing homemade explosives in the mobile home. McCorkle, who was at the scene, informed officers that he had at least two “M80”-type devices in a drawer in his room in the mobile home, as well as components to make the devices. McCorkle voluntarily surrendered to ATF a similar device he was storing at a separate residence. Examination of the device revealed it was approximately 15 inches long and contained more than half a pound of Pyrodex powder, which is an explosive under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Bureau of Fire Arson and Explosives Investigation, and the Putnam County Fire Rescue Department. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.

Orlando, FL – United States Attorney Roger B. Handberg announces that Jahroy Elijah Sackey (44, Orlando) has pleaded guilty to possession with the intent to distribute 100 grams or more of heroin and possessing a firearm and ammunition as a convicted felon. Sackey faces a minimum mandatory penalty of 5 years, up to 40 years, in federal prison. His sentencing hearing is not yet scheduled.

on December 7, 2018, Sackey drove his car to an Orlando gas station and sold 30 grams of heroin to “Individual 1.” On March 5, 2019, Sackey drove his car to the same gas station, and this time sold over 250 grams of heroin to “Individual 1.” Sackey was arrested shortly thereafter. A search of Sackey’s car revealed an FN Herstal pistol with 24 rounds of armor-piercing ammunition, as well as 156 grams of cocaine. Law enforcement searched Sackey’s house and recovered a Glock 30 pistol, ammunition, and more heroin.

At the time, Sackey had a previous felony conviction and had served time in federal prison for possessing cocaine with the intent to distribute it. As a convicted felon, Sackey is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Drug Enforcement Administration and the Winter Park Police Department. It is being prosecuted by Assistant United States Attorney David Pardo.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, Florida –United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging Mirtza Ocana (38, Tampa) with smuggling over $100,000 of United States currency into the United States from Cuba. If convicted on all counts, Ocana faces a maximum penalty of five years in federal prison. 

According to the complaint, Ocana arrived at Tampa International Airport on an international flight from Cuba on February 5, 2024. She claimed that she did not have more than $10,000 on her person (a limit that would trigger reporting requirements), thus had nothing to declare. However, during a routine inspection of her luggage, agents from the Department of Homeland Security recovered approximately $30,000 in bulk cash concealed in three wrapped packages. Ocana then admitted that she flew from Cuba to Tampa two to three times per month to smuggle cash into the United States and that she knew that bringing bulk cash into the United States without reporting it was illegal. Agents searched Ocana and discovered an additional $70,000 in cash hidden in her clothes. Ocana’s flight history later revealed that she had flown from Cuba to Tampa 45 times since May 2023.

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

This case is being investigated by Homeland Security Investigations (HSI) and U.S. Customs and Border Protection Field Operations. It will be prosecuted by Assistant United States Attorney Michael J. Buchanan.

Tampa ― U.S. Attorney Roger B. Handberg announced today that the Middle District of Florida (MDFL) has collected $78,043,065 related to local criminal and civil matters in the fiscal year ending September 30, 2023 (FY 2023). Of this amount, $36,767,863 was collected in criminal cases and $28,641,442 was collected in civil actions.    

The MDFL’s Civil Division, led by Civil Chief Randy Harwell, recovered a total of $41,230,830 on behalf of federal agencies and programs in affirmative civil enforcement cases during the last fiscal year. This amount has two components. In addition to its efforts in local civil cases noted above, the District’s Civil Division also joins forces with other U.S. Attorney’s Offices and with the Department of Justice Civil Frauds Section to address fraud schemes and illegal practices extending beyond district boundaries. The MDFL’s Civil Division recovered an additional $12,589,388 in these jointly handled cases. 

“We will continue to work with our law enforcement partners to investigate and prosecute those who seek to illegally exploit federal government programs by fraudulent means,” said U.S. Attorney Roger B. Handberg. “The funds recovered in the previous fiscal year will help victims recover from their losses and assist law enforcement in pursuing justice.”

U.S. Attorneys’ Offices, along with the Department’s litigation divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

The MDFL’s Asset Recovery Division, led by Chief Anita Cream, recovered a total of $55,930,305. This amount has two components―criminal monetary penalties and forfeiture. First, in addition to the $36,767,863 in criminal monetary penalties collected in cases prosecuted by the District, the Asset Recovery Division worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $44,372 in criminal monetary penalties pursued jointly by these offices.

Additionally, the District’s Asset Recovery Division, working with partner agencies, forfeited $19,118,070 from criminal and civil asset forfeiture actions in FY 2023. For instance, in FY 2023, almost $44 million forfeited in the MDFL was returned to victims of the criminal offenses, and more than $3 million was shared with federal, state, and local law enforcement agencies. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

Significant Affirmative Civil Enforcement Cases

United States ex rel. Sanchez v. Smart Pharmacy, et al., Case no. 3:14cv1493 (M.D. Fla.).  The United States intervened in two related qui tam cases in June 2018 and litigated the government’s claims against a large Jacksonville area compounding pharmacy, Smart Pharmacy, and one of its principal owners, Gregory Balotin, claiming that the pharmacy billed the Tricare program for millions of dollars in reimbursement for medically unnecessary pain creams. Specifically, the intervenor complaint alleged the pharmacy created compounded creams using an anti-psychotic agent, Ariprazole, for no medical purpose and solely to boost reimbursement. The complaint also alleged that the pharmacy routinely waived patient co-payments, without regard to patient need, to improperly incentivize prescriptions for the unnecessary pain creams. In June 2023, we announced a settlement of all claims in exchange for $7.4 million.

Press release: https://www.justice.gov/opa/pr/two-jacksonville-compounding-pharmacies-and-their-owner-agree-pay-least-74-million-resolve   

United States ex rel. Bomar v. Bayfront HMA Medical Center, et al., Case no. 8:16cv3310 (M.D. Fla.). 

An investigation arising from this qui tam case determined that the Lakeland Regional Medical Center (LRMC) had defrauded the Florida Medicaid program through a complex scheme involving sham donations to local government organizations. These donations increased Medicaid payments to LRMC, by freeing up funds for the local government to make payments to the State as the state share of Medicaid payments to LRMC. The state share was “matched” by the federal government before being returned to LRMC as Medicaid payments. Through this scheme, Medicaid payments LRMC received were thus funded by the federal government and LRMC’s own donations, in violation of the prohibition on non-bona fide donations. In March 2023, LRMC agreed to pay $4 million to resolve these allegations. 

Press release: https://www.justice.gov/opa/pr/florida-s-lakeland-regional-medical-center-agrees-pay-4-million-settle-common-law-allegations  

United States ex rel. Improta v. Ocenture, Case no. 3:19cv358 (M.D. Fla.).

The United States intervened in this qui tam case that alleged a kickback scheme arising from genetic testing services. The complaint alleged that Ocenture and a subsidiary company, Carelumina, solicited genetic testing samples from Medicare beneficiaries directly and through marketers. Ocenture and Carelumina then paid physicians to falsely attest that the genetic testing was medically necessary and arranged for laboratories to process the tests and receive reimbursement from Medicare, with a portion of that reimbursement being paid to Ocenture and Carelumina. In December 2022, we announced a settlement of all claims in return for $3 million.

Press release: https://www.justice.gov/opa/pr/ocenture-llc-and-carelumina-llc-settle-allegations-false-claims-unnecessary-genetic-testing

Skyetec

The U.S. Environmental Protection Agency - Office of Inspector General accused a Jacksonville area company, SMC Systems, Inc. d/b/a Skyetec, of violating the Financial Institutions Reform, Recovery and Enforcement Act of 1989 through a scheme whereby Skyetec would falsely certify that newly constructed homes met certain energy efficiency requirements and qualified for EPA’s “Energy Star” rating. The certifications were alleged to have been given to homes in many instances where Skyetec had performed incomplete tests on homes, or had run no tests at all. In September 2023, Skyetec agreed to settle our claims for $2.35 million.

Press release: https://www.justice.gov/opa/pr/smc-systems-inc-pay-235-million-resolve-allegations-false-statements-relating-energy-star

United States ex rel. Graham, et al. v. Florida Cardiology, P.A., et al., Case no. 6:18cv1444 (M.D. Fla.) 

The United States intervened in this qui tam case in June 2022, and alleged that an Orlando area cardiology practice, Florida Cardiology, P.A., and 10 of its cardiologists―Sandeep Bajaj, Abbas Ali, Karan Reddy, Claudio Manubens, Milan Kothari, Saroj Tampira, Sayed Hussain, Raviprasad Subraya, Harish Patil, and Edwin Martinez―defrauded Medicare through a variety of schemes, including the submission of false claims for more interventional stints that were actually inserted into patients, claims for radiofrequency ablations that were not performed by the billing provider and in some instances that were not performed by a qualifying provider, and claims for services performed while the billing provider was outside of the country. In February 2023, the defendants agreed to settle all claims in the case in exchange for $2 million.   

Press Release: https://www.justice.gov/usao-mdfl/pr/florida-cardiology-pa-and-10-physicians-agree-pay-2-million-settle-false-claims-act

Orlando, FL – United States Attorney Roger B. Handberg announces that Christian Noel Medina Torres (35, Lakeland) has pleaded guilty to possession with the intent to distribute 5 kilograms or more of cocaine. Medina Torres faces a minimum mandatory penalty of 10 years in federal prison. His sentencing hearing is set for May 7, 2024.

According to the plea agreement, an undercover agent with Homeland Security Investigations (HSI) arranged to sell Medina Torres 10 kilograms of cocaine in exchange for two Can-Am off-road vehicles and any cash Medina Torres could provide. On April 17, 2023, Medina Torres arrived in Volusia County with the two off-road vehicles and approximately $6,000 in cash. In exchange, the undercover agent provided Medina Torres a bag containing 10 kilograms of cocaine. After Medina Torres took the bag and began walking away, he was taken into custody.

This case was investigated by Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorneys Courtney D. Richardson-Jones and Megan Testerman.

 

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Sean Peter Brewer (36, Oldsmar) to seven years in federal prison for possessing a firearm as a convicted felon, possessing methamphetamine with the intent to distribute it, and possessing a firearm in furtherance of a drug trafficking crime. Brewer entered a guilty plea on September 1, 2023.

According to court documents, on November 11, 2022, officers from the Clearwater Police Department (CPD) responded to a gas station on Gulf to Bay Boulevard in Clearwater after receiving a report that a man was unresponsive in the driver’s seat of a vehicle parked at a gas pump. CPD and the Clearwater Fire Department discovered Brewer unconscious behind the wheel of his car. After Brewer was assessed by emergency services, CPD officers administered a field sobriety test, which Brewer failed. Officers arrested Brewer for driving under the influence and conducted a search incident to the arrest. That search revealed a backpack containing a scale with clear plastic baggies consistent with narcotics distribution, marijuana, multiple types of pills, 61 grams of a mixture and substance containing methamphetamine, a loaded Smith & Wesson M&P 9 Shield pistol and a “Cash App” debit card with the name “$seanbrew87.” 

At the time of the incident, Brewer had a previous felony conviction for unlawful use of a two-way communication device. As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Clearwater Police Department. It was prosecuted by Assistant United States Attorneys David W.A. Chee and David P. Sullivan.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

             

Orlando, FL – United States Attorney Roger B. Handberg announces the return of an indictment charging Mark Sotnick (46, Winter Springs) with distribution, receipt, and possession of child sexual abuse material. If convicted, Sotnick faces a minimum mandatory penalty of 5 years, and up to 20 years, in federal prison for the distribution and receipt charges, and a maximum penalty of 10 years’ imprisonment for the possession charge. 

According to the indictment, Sotnick received child sexual abuse material on September 12, 2021, distributed child sexual abuse material on August 19, 2022, and possessed child sexual abuse material on January 4, 2024.

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

This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Special Assistant United States Attorney Rachel S. Lyons.

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

Tampa, FL – U.S. District Judge Mary S. Scriven has sentenced Luis Irizarry-Santiago, a/k/a “Bullet” (33, Spring Hill), to eight years and four months in federal prison for conspiring to distribute fentanyl, para-fluorofentanyl, and cocaine. Irizarry-Santiago was also ordered to forfeit $28,889 in cash that was seized from his residence. Irizarry-Santiago entered a guilty plea on June 26, 2023.

According to court records, Irizarry-Santiago was indicted after a coconspirator, Janel Genereux, sold a gram of fentanyl and 0.2 grams of cocaine to a confidential source on one occasion, and almost 7 grams of a fentanyl analogue to another coconspirator on a separate occasion. A subsequent search of Irizarry-Santiago’s residence revealed drug paraphernalia and bulk cash.

Genereux previously pleaded guilty for her role in this case. She was sentenced to one year and one day in federal prison.

This case was investigated by the Drug Enforcement Administration and the Pasco Sheriff’s Office as 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 and money laundering organizations and those primarily responsible for the nation’s drug supply. It was prosecuted by Assistant United States Attorney Dan Baeza. The forfeiture is being handled by Assistant United State Attorney James Muench.

Orlando, FL – United States Attorney Roger B. Handberg announces that Charles Bernard Long (43, Orlando) has pleaded guilty to possession of child sexual abuse material. Long faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

According to court documents, on May 20 and June 1, 2023, undercover investigators downloaded child sexual abuse images through a file sharing program from a device using the internet protocol address at Long’s residence.

On August 10, 2023, FBI investigators executed a search warrant at Long’s residence and seized his digital media devices. A forensic review of those devices found approximately 260 files of child sexual abuse material, some depicting children as young as six years old.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Special Assistant United States Attorney Rachel S. Lyons.

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

Tampa, FL – U.S. District Judge Thomas P. Barber has sentenced Debora Ryder (56, New Port Richey) to three years in federal prison for drug conspiracy. Ryder entered a guilty plea on September 19, 2023. She has also agreed to forfeit her nursing licenses.

According to court documents, Ryder was a Florida-licensed advanced practice registered nurse (APRN), registered nurse (RN), and Drug Enforcement Administration (DEA) registrant who conspired with another individual to distribute controlled substances in the names of individuals without lawful authority. As an APRN and DEA registrant, Ryder had the authority to issue prescriptions for controlled substances, however, she knew her licensing became delinquent on July 31, 2022, making her ineligible to issue controlled substances.

From August to September 2022, Ryder conspired with another individual, who provided Ryder with more than a dozen identifications and driver licenses for Ryder’s use, to issue prescriptions for promethazine with codeine and oxycodone without any medical evaluation. Ryder received cash and electronic payments in exchange for each controlled substance prescription she issued. Records revealed Ryder issued approximately 84 illegal prescriptions during the conspiracy.

Additionally, between January 2021 and August 2022, Ryder illegally issued 34 oxycodone and hydromorphone prescriptions in the name of J.R., Ryder’s deceased husband who died in 2018.

This case was investigated by the Drug Enforcement Administration (Tampa District Office) and the Opioid Fraud and Abuse Detection Unit. The Opioid Fraud and Abuse Detection Unit was created by the Department of Justice to help combat the devastating opioid crisis. The Opioid Fraud and Abuse Detection Unit focuses specifically on opioid-related health care fraud, using data to identify and prosecute individuals contributing to the prescription opioid epidemic. The case was prosecuted by Assistant United States Attorney Greg Pizzo.

Tampa, FL – U.S. District Judge William F. Jung has sentenced Benancio Pineda (50, Mexico) to 10 years in federal prison for conspiring to possess with the intent to distribute methamphetamine. Pineda entered a guilty plea on September 28, 2023.

According to court documents, on December 20, 2022, Pineda met with an individual at a gas station in Wimauma and sold him approximately 1 kilogram of methamphetamine. This methamphetamine was 96% pure. On June 16, 2023, Pineda drove to meet the same person in Wimauma to sell him 2 kilograms of methamphetamine, but Pineda was pulled over by law enforcement near Sun City Center. Law enforcement recovered approximately 2 kilograms of methamphetamine from inside of Pineda’s car. This methamphetamine was 97% pure.  

This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney David Pardo.

This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Orlando, FL – U.S. District Judge Carlos E. Mendoza has sentenced Nilda Medina-Veguilla (38, Kissimmee) to 31 months in federal prison for making a false statement in a U.S. passport application, aggravated identity theft, and theft of government property. As part of her sentence, the court also entered an order of forfeiture in the amount of $39,088, the proceeds of the charged criminal conduct. Medina-Veguilla entered a guilty plea on September 7, 2023.

According to court documents, Medina-Veguilla is a U.S. citizen who was born in Puerto Rico. In 2005, she was charged with counterfeiting and illegal appropriation by Puerto Rican authorities. In 2008, a warrant was issued for her arrest. That same year, Medina-Veguilla moved to the continental U.S. and obtained an identification card and then a Florida driver license in the name of identity theft victim “N.T.D.” Medina-Veguilla held herself out as N.T.D. for approximately 15 years, using N.T.D.’s identity when getting married and divorced, for criminal arrests, for employment and tax purposes, to receive Supplemental Nutrition Assistance Program (SNAP) benefits, and to obtain a U.S. passport.

On February 23, 2021, Medina-Veguilla applied for a U.S. passport at the South Creek Post Office in Orlando. On that application, she used N.T.D.’s name, date of birth, and Social Security number. For proof of citizenship and identity, Medina-Veguilla submitted a copy of N.T.D.’s Puerto Rico birth certificate and a Florida driver license which she had fraudulently obtained.

On numerous occasions between 2013 and 2022, Medina-Veguilla applied for SNAP benefits using addresses in the Middle District of Florida. She completed online applications with information about her financial status and family situation and used the name, date of birth, and Social Security number of N.T.D. in the applications. As a result of her illegal activities, Medina-Veguilla obtained and used $$39,088 in SNAP benefits.

The SNAP is a program of the United States Department of Agriculture that was authorized by Congress to help low-income individuals and families by providing monthly benefits with which to buy food. These benefits were formerly called “food stamps.”

This case was investigated by the U.S. Department of State’s Diplomatic Security Service, the U.S. Department of Agriculture - Office of Inspector General, and the Social Security Administration - Office of the Inspector General. It was prosecuted by Special Assistant United States Attorney Rachel S. Lyons. The forfeiture is being handled by Assistant United States Attorney Nicole Andrejko.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Kevin Edward Hargrave a/k/a “Kevin Edward Wade,” of Locust Grove, Georgia, to five years in federal prison for conspiring to commit wire fraud and to defraud the United States for the purpose of impeding the lawful functions of the Internal Revenue Service (IRS). As part of his sentence, the court also entered an order of forfeiture in the amount of $1.5 million, the proceeds of the wire fraud conspiracy. Hargrave was also ordered to pay restitution to his victims, including $418,115 to the IRS. Hargrave entered a guilty plea on October 4, 2022.

According to court documents, Hargrave controlled a number of companies, including WSA Optimization Firm, Inc., that purported to offer “credit repair services” to the public. Hargrave promoted these services through multiple company-specific websites, radio advertising, emails, text messages, and posts on YouTube.com and other social media sites. These marketing campaigns promised to “erase bad credit” information from consumers’ credit reports within 90 days – “guaranteed.” Notwithstanding these promises, multiple customers reported to federal investigators that they paid for credit repair services, saw no such results, and were denied refunds.

When an undercover federal agent called to inquire about these credit repair services, he was told that WSA Optimization used “federal laws to remove all negative derogatory items off your credit.” Further, the agent was told “we are able to remove those items off your credit without you paying [creditors] back.” A company representative also claimed that WSA Optimization employed a team of 5 attorneys and 23 paralegals who worked to remove negative credit information from credit reports.

In reality, Hargrave did not employ a team of attorneys or paralegals.  Instead, supposedly to improve its customers’ credit scores, company representatives would send form letters to each credit reporting agency and falsely claim that all negative credit information on the customers’ credit reports was the product of identity theft or fraud. These letters – which did not disclose that they were mass produced by WSA Optimization – were sent in envelopes listing a fictional return address. 

An analysis of bank records established that more than $8 million in deposits were made into the business bank accounts controlled by Hargrave and a family member, and that significant funds were diverted from those accounts to pay for luxury vehicles, mortgage payments on their residence, personal credit cards, jewelry, items at retail stores, utilities, restaurants, and other living expenses. For example, funds were used to make over $128,000 in mortgage payments on Hargrave’s residence in Fernandina Beach, which he sold in 2022 for $870,000. Similarly, approximately $300,000 was used to make down-payments and monthly financing payments on automobiles owned by Hargrave and a family member, including a Lamborghini Gallardo, a Rolls Royce Wraith, a Porsche Boxster, a Range Rover, a Ford F-150, and two Mercedes Benz vehicles.

An analysis of Hargrave’s real and personal property, certain business records, credit card statements, and the bank records collectively demonstrate that his joint tax returns for tax years 2016 through 2019 underreported taxable income and improperly claimed certain business expenses. A financial investigator with the IRS estimated that since 2015, by underreporting his and a family member’s tax liability, Hargrave has caused the United States to lose approximately $418,115 in tax revenue.

“It was clear that Mr. Hargrave believed the law did not apply to him,” stated IRS Criminal Investigation Acting Special Agent in Charge Lani Rosado-Espinal.  “Despite being in the midst of a global pandemic, he stole millions of dollars from vulnerable people, who were struggling financially and defrauded the IRS. IRS-CI and the FBI will continue to partner with the United States Attorney’s Office to identify, investigate and assist in the prosecution of criminals like Mr. Hargrave, whose greed leads them to prey on others, including U.S. taxpayers.” 

“Fraud and corruption pose a fundamental threat to our national security and our way of life,” said Michael C. Malsch, Assistant Special Agent in Charge of the FBI Jacksonville Division. “The FBI is committed to coordinating with our partners and aggressively pursuing those who take advantage of others for their personal gain. This sentencing should serve as a warning to others who might engage in these types of schemes.”  

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 Michael J. Coolican.