FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
Convicted Armed Bank Robber Indicted Again for Armed Bank RobberyRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Grant Elmore Davis, Jr. (71, Mansfield, OH) with armed bank robbery, discharging a firearm during and in relation to a crime of violence, and possessing a firearm and ammunition as a convicted felon. If convicted on all counts, Davis faces a minimum mandatory penalty of 25 years, up to life, in federal prison. The indictment also notifies Davis that the United States intends to forfeit the firearm and ammunition used to facilitate the offense.
According to court documents, Davis entered Truist Bank branch in Fort Myers and discharged a handgun while making verbal commands for the teller to give him money from the cash register. After obtaining money from the teller, Davis fled the bank.
In November 2001, Davis was convicted of armed bank robbery and using and carrying a short-barreled shotgun in relation to a crime of violence. Therefore, he is prohibited from possessing a firearm or 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 the Lee County Sheriff’s Office and the Federal Bureau of Investigation. 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.
Armed Methamphetamine Dealer Sentenced to More Than 8 Years in PrisonRead the Press Release
Tampa, FL – U.S. District Judge James S. Moody has sentenced Johnathan Anton Williams (39, Ruskin) to eight years and eight months in federal prison for distributing methamphetamine, carrying a firearm during a drug trafficking crime, and being a felon in possession of a firearm and ammunition. The court also ordered Williams to forfeit the firearm and ammunition used in the offense. Williams was convicted following a bench trial on April 20, 2023.
According to court documents, law enforcement observed Williams at a Tampa gas station engaged in a possible drug transaction from his vehicle. When deputies from the Hillsborough County Sheriff’s approached and observed drug paraphernalia in Williams’s vehicle, he unsuccessfully tried to flee. The deputies then searched the vehicle and recovered a Taurus 9mm pistol and various ammunition, methamphetamine, and two digital scales. Williams had previously been convicted of felonies, including robbery, possession of cocaine, and possession of a controlled substance with intent to distribute. Williams illegally possessed the firearm to protect his drug trafficking activities. As a previously 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 Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael R. Kenneth.
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.
4 Corners Pharmacy Agrees to Pay $800,000 to Resolve Claims of False BillingRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces today that 4 Corners Pharmacy, located in Spring Hill, Florida, has agreed to pay $800,000 to resolve allegations that it violated the False Claims Act by knowingly billing the U.S. Department of Labor for a compound supplement that was either not ordered by a licensed healthcare provider or was never delivered to beneficiaries. The Department of Labor provides benefits authorized by the Energy Employees Occupational Illness Compensation Program Act including compensation and payment of medical expenses to eligible claimants who were injured or became ill on the job, or to their families.
“Pharmacies are not allowed to bill federal programs for medications that are not delivered to beneficiaries or that were never ordered by their healthcare provider,” said U.S. Attorney Roger B. Handberg. “This settlement reflects our determination to hold accountable those who seek to exploit our federal healthcare programs.”
“An important part of the mission of the Office of Inspector General is to investigate allegations of fraud involving the U.S. Department of Labor’s (DOL) Office of Workers’ Compensation Programs (OWCP) programs. We will continue to work with OWCP to protect the integrity of DOL’s workers’ compensation programs,” said Mathew Broadhurst, Special Agent-in-Charge, Southeast Region, U.S. Department of Labor, Office of Inspector General.
The civil settlement includes the resolution of claims brought by private individuals, on behalf of the United States, under the qui tam (commonly known as “whistleblower”) provisions of the False Claims Act. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery if the government takes over the case and obtains judgment against or reaches a monetary agreement with the defendant.
This matter was investigated by the U.S. Department of Labor – Office of Inspector General. It was handled by Assistant United States Attorney Sean Keefe.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Two Orlando Men Sentenced to Federal Prison for 17 Kilograms of CocaineRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Joe Braiam Pinol Garcia (30, Orlando) to 10 years in federal prison for attempted possession with intent to distribute cocaine. Previously, on June 6, 2023, U.S. District Judge Berger sentenced Hugo Morones Munoz (49, Orlando) to 5 years and 10 months in federal prison for conspiring to possess with intent to distribute cocaine and attempted possession of cocaine. Pinol Garcia and Murones Munoz previously pleaded guilty to the offenses.
According to court documents, on August 17, 2022, Pinol Garcia and Morones Munoz traveled to Mexico so that Morones Munoz could introduce Pinol Garcia to others he knew from Mexico in order to broker a large drug trafficking transaction. Pinol Garcia, Morones Munoz, and others in Mexico came to an agreement to traffic 17 kilograms of cocaine into the United States. Morones Munoz and Pinol Garcia agreed to sell the cocaine in the Central Florida area.
On October 3, 2022, 17 bundles of cocaine were sent through the border into Texas to be transported to Florida for Pinol Garcia and Morones Munoz. The cocaine was intercepted in Texas as part of an undercover operation conducted by special agents from Homeland Security Investigations and the Drug Enforcement Administration. The agents then set up a controlled undercover operation in which they provided fake bundles of cocaine to the drug buyers in Florida so that they could be identified and arrested. On October 6, 2022, Morones Munoz and Pinol Garcia arrived at the prearranged parking lot, provided the undercover agents with the money for the transportation fee for the drugs, and accepted the duffle bag with the 17 kilograms of fake cocaine inside. Morones Munoz and Pinol Garcia were arrested as they attempted to leave the parking lot.
“These sentences are testament to the law enforcement partnerships we have across the nation to stop criminals from attempting to peddle their poison in our communities," said Homeland Security Investigations (HSI) Orlando Assistant Special Agent in Charge David Pezzutti. "Our agents, alongside our partners, work tirelessly to stop the importation of illicit narcotics into our communities.”
This case was investigated by Homeland Security Investigations, the Drug Enforcement Administration, U.S. Customs and Border Protection, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney John M. Gardella.
Ohio Man Indicted for Making False Statements to Purchase Firearms and Selling/Transferring Firearms to JuvenilesRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing an indictment charging Gabriel Gladman, (23, Akron, OH) with eight counts of providing false statements with the intent to purchase firearms and six counts of selling/transferring a firearm to a juvenile under the age of 18.
If convicted, Gladman faces a maximum penalty of 10 years in federal prison for each false statement count and up to a year in federal prison for each count of selling/transferring a firearm to a juvenile. The indictment also notifies Gladman that the United States intends to forfeit the following eight firearms: a Smith & Wesson, SD40 (.40 caliber semi-automatic firearm), a Taurus G2 semi-automatic firearm, a Glock 24 semi-automatic firearm, a FMK 9C1 semi-automatic firearm, two Taurus G3 semi-automatic firearms, and two Tara TM-9X semi-automatic firearms, which are alleged to be traceable to proceeds of the offense.
According to the indictment, between November 22, 2022, and June 16, 2023, Gladman bought semi-automatic firearms on eight separate occasions in Tampa, providing false information to federally licensed firearm dealers each time. Gladman represented that he was the actual buyer of the firearms, when in fact he was buying the firearms on behalf of someone else. On six separate occasions, Gladman sold or transferred those firearms to juveniles under the age of 18.
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 Tampa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Maria Guzman. Assistant United States Attorney Suzanne Nebesky is handling the forfeiture of the firearms.
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.
Three Men Sentenced for $54M Fraudulent Prescriptions SchemeRead the Press Release
Three men were sentenced today in connection to a $54 million bribery and kickback scheme involving TRICARE, a federal program that provides health insurance benefits to active duty and retired service members and their families.
David Byron Copeland, 55, of Tallahassee, Florida, was sentenced to four years and three months in prison following his conviction at trial in June for paying and receiving health care kickbacks. James Wesley Moss, 60, of Huntsville, Alabama, and Michael Gordon, 60, of Fort Myers, Florida, were sentenced to two years and three months and one year and six months in prison, respectively, following their guilty pleas to a kickback and fraud conspiracy, among other charges.
According to court documents and evidence presented at trial, Moss was a part-owner and CEO of Florida Pharmacy Solutions (FPS), a Florida-based pharmacy that specialized in compounded prescription drugs. Copeland was also a part-owner and senior sales manager at FPS, and Gordon was a lead sales representative. Moss, Copeland, and Gordon, along with their accomplices, engaged in a practice known as “test billing” to develop the most expensive combination of compounded drugs to maximize reimbursement from TRICARE. Moss, Copeland, Gordon, and their accomplices targeted physicians who treated TRICARE beneficiaries and paid bribes and kickbacks to physicians and salespeople to encourage the referral of prescriptions to FPS. The bribes included lavish hunting trips and expensive dinners. In addition, FPS employees used “blanket letters of authorization” that allowed FPS to modify the prescription components to make them more profitable.
Moss paid Copeland and Gordon millions of dollars in kickbacks based on a percentage of the amount that TRICARE reimbursed for their prescriptions, which provided an incentive to seek prescriptions for the most expensive compounded drugs possible, including pain and scar creams. Copeland facilitated the kickbacks through companies he set up to receive and funnel the payments. From late 2012 through mid-2015, FPS billed TRICARE over $54 million for its compounded pharmaceuticals.
In April, co-defendant Edward Christopher White was sentenced to two years and nine months in prison after pleading guilty for his role in the scheme.
Acting Assistant Attorney Nicole M. Argentieri of the Justice Department’s Criminal Division; U.S. Attorney Roger Handberg for the Middle District of Florida; Special Agent in Charge Darrin K. Jones of the Department of Defense Office of Inspector General (DOD-OIG), Defense Criminal Investigative Service, Southeast Field Office; Acting Special Agent in Charge Stephen Mahmood of the Department of Health and Human Services Office of the Inspector General (HHS-OIG), Miami Regional Office; Special Agent in Charge David Spilker of the Department of Veterans Affairs Office of Inspector General (VA-OIG), Southeast Field Office; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; and Special Agent in Charge David Walker of the FBI Tampa Field Office made the announcement.
The DOD-OIG, HHS-OIG, VA-OIG, and FBI investigated the case.
Trial Attorneys Devon Helfmeyer, Clayton Solomon, and Katie Rookard of the Criminal Division’s Fraud Section prosecuted the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,000 defendants who collectively have billed federal health care programs and private insurers more than $24.7 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Tampa Man Sentenced to More Than 36 Years in Federal Prison for Producing and Distributing Child Sexual Abuse MaterialRead the Press Release
Tampa, Florida – U.S. District Judge Kathryn Mizelle has sentenced Mark Peterson (30, Tampa) to 36 years and 8 months in federal prison for production and distribution of child sex abuse material. The court also ordered Peterson to forfeit electronic devices used during the offense and pay $22,419.44 in restitution. Peterson had pleaded guilty on May 23, 2023.
According to court documents, between 2017 and 2018, through the social media application Facebook, Peterson enticed and coerced a 16-year-old victim to produce sexually explicit images and videos of herself. In 2020, through the social media application Discord, Peterson traded images and videos of children, including toddlers and babies, being sexually abused.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel.
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.
Orlando Man Pleads Guilty to Possession with the Intent to Distribute FentanylRead the Press Release
Orlando, FL – United States Attorney Roger B. Handberg announces that O’Neil Clifton Gordon (24, Orlando) has pleaded guilty to possession with the intent to distribute fentanyl. Gordon faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on March 10, 2022, law enforcement officers observed what they believed to be a drug exchange between Gordon and one of his known associates. As Gordon left the exchange, deputies from the Orange County Sheriff’s Office (OCSO) turned on their vehicles’ lights and sirens and attempted to stop Gordon. Instead of stopping, Gordon fled in his vehicle and eventually escaped. The next day, a felony arrest warrant was issued.
On April 28, 2022, OSCO deputies observed Gordon drive down Colonial Drive in Orlando, realized he had an active warrant, and conducted surveillance. Gordon parked outside a barbershop. While in the parking lot, OCSO observed what they believed to be a hand-to-hand drug exchange.
Gordon eventually left the parking lot, got in his car, and drove away. OCSO deputies followed Gordon until he pulled into his neighborhood. The deputies turned on their lights and sirens and attempted to arrest Gordon. Gordon exited his vehicle and began running. OCSO eventually caught up to Gordon and arrested him. They recovered $830 cash from his pockets.
Inside Gordon’s vehicle, OCSO officers located a Glock firearm, extended magazine, and 21 rounds of ammunition. They also recovered a backpack containing narcotics, including 14.46 grams of fentanyl, a digital scale, and plastic baggies from the front passenger seat.
OCSO got a warrant to search Gordon’s room where they recovered additional ammunition, narcotics, and a pill press.
OCSO also obtained a warrant to search Gordon’s Instagram account where they located photographs of him with a firearm and conversations regarding the sale of cocaine, pills, and marijuana.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It is being prosecuted by Special Assistant United States Attorney Rachel S. Lyons.
Mexican National Charged with Illegally Transporting Undocumented AliensRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Olidier Roblero-Perez (34, Mexico) has been arrested and charged by criminal complaint with transporting undocumented aliens for the purpose of furthering their illegal presence in the United States. If convicted, Roblero-Perez faces a maximum penalty of five years in federal prison.
According to the complaint, deputies from the St. Johns County Sheriff’s Office (SJSO) encountered Roblero-Perez at a motel in St. Augustine while investigating an incident in which Virjilio Aguilar-Mendez, an undocumented alien from Guatemala, violently struggled with officers who were attempting to arrest him, and which resulted in the death of an SJSO deputy from a medical issue. Aguilar-Mendez was later charged with aggravated manslaughter of an officer and resisting an officer with violence.
Investigators determined that Roblero-Perez had transported Aguilar-Mendez and two other undocumented aliens, both from Mexico, from southwest Florida to St. Johns County to work at a farm in the area. He also transported them between the motel and the farm each day. He also paid for their motel room with cash.
Homeland Security Investigations (HSI) later learned that Roblero-Perez and the two undocumented aliens from Mexico were staying at a motel in Moultrie, Georgia, and that Roblero-Perez had transported them there. Roblero-Perez transported the aliens between the motel and a farm each day for work, collected and distributed their pay in cash, and paid for their motel room with cash.
This case was investigated by Homeland Security Investigations (HSI) and the St. Johns County Sheriff’s Office, with assistance from the Nassau County Sheriff’s Office and United States Border Patrol. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Fort Myers Man Sentenced to Federal Prison for Unlawfully Possessing Loaded Firearm as A Convicted FelonRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Steven Dewayne Barnes, Jr. (26, Fort Myers) to 10 years and 1 month in federal prison for possessing a firearm as a previously convicted felon and possessing a firearm with an obliterated serial number. The court also ordered Barnes to forfeit the firearm and ammunition possessed during the offense. Barnes had been found guilty following a bench trial on July 12, 2023.
According to court records, during the afternoon of November 14, 2022, officers from the Fort Myers Police Department encountered Barnes walking along Washington Avenue in Fort Myers and engaged him in conversation. During their conversation, the officers made serval observations which led them to believe that Barnes was concealing a weapon on his person. As a result, the officers conducted a pat down of Barnes and found a loaded Smith and Wesson handgun concealed under his clothing and tucked into his waistband. An inspection of the firearm revealed that its serial number had been scratched out. As a convicted felon who had previously served prison time, Barnes is prohibited from possessing firearms or ammunition under federal law. Forensic ballistics analysis later linked the firearm retrieved from Barnes to two recent drive-by shootings in Fort Myers.
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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fort Myers Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Simon R. Eth.
Dual Brazilian/U.S. Citizen Indicted for Producing, Distributing, Receiving, and Possessing Child Sexual Abuse MaterialRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Octavio Nogueira Pessoa (31, Largo) with three counts of production, one count of distribution, one count of receipt, and one count of possession of child sex abuse material. If convicted, Pessoa faces a maximum penalty of 30 years in federal prison for each possession count, and up to 20 years in federal prison for each of the remaining counts. Pessoa has been ordered detained pending trial.
According to the indictment and evidence presented in open court, in December 2021, law enforcement executed a search warrant at Pessoa’s residence after receiving a tip related to child sexual abuse material. During the search, law enforcement discovered that Pessoa was in a romantic relationship with his adult cousin who lived in Brazil. As part of that relationship, the couple openly discussed sexually abusing children in their family and recording those acts. On occasion, Pessoa directed his cousin to sexually abuse children and record the explicit conduct, including conduct involving an 8-year-old victim. In addition to these conversations, during the search warrant, law enforcement discovered thousands of images and videos of child sexual abuse material on Pessoa’s devices.
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 Tampa, with substantial assistance from the Largo Police Department and the Brazilian Department of Federal Police. The Justice Department’s Office of International Affairs also provided assistance. It will be prosecuted by Assistant United States Attorney Erin Claire Favorit.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Tallahassee Man Sentenced to 12 Years in Prison for Possessing Methamphetamine with the Intent to Distribute ItRead the Press Release
Ocala, Florida – Senior United States District Judge Gregory A. Presnell has sentenced Brian Keith Coleman (34, Tallahassee) to 12 years in federal prison for possession of 50 grams or more of methamphetamine with the intent to distribute it. Coleman had pleaded guilty on August 3, 2023.
According to court documents, on March 7, 2023, the Florida Highway Patrol (FHP) found Coleman’s vehicle broken down on the shoulder of Interstate 75 with Coleman standing nearby. After developing probable cause to search the vehicle, a trooper found methamphetamine, fentanyl, marijuana, and ammunition inside. Where Coleman had been standing, the trooper also located over a pound of methamphetamine and a loaded firearm. All these items belonged to Coleman.
This case was investigated by the Drug Enforcement Administration, the Tallahassee Police Department, and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorneys Belkis H. Crockett and Tyrie K. Boyer.
South Florida Man Indicted for Trying to Smuggle Fentanyl and Other Contraband into PrisonRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Jose Santos Pardo (23, Homestead) with one count of possession with the intent to distribute over 40 grams of fentanyl and one count of possession of contraband by an inmate in prison. If convicted, Santos Pardo faces a minimum mandatory penalty of 5 years, up to 40 years, in federal prison for the fentanyl offense and up to 10 years’ imprisonment for the possession of contraband offense.
According to the court records, Santos Pardo was an inmate at the Coleman Federal Correctional Complex, assigned to a low security section of the prison. On November 19, 2022, a correctional officer observed Santos Pardo running along the side of the road towards an inmate housing unit carrying three bags. When confronted, officers determined that Santos Pardo’s bags contained 92.8 grams of fentanyl, over 300 grams of marijuana, tobacco, several bottles of alcohol, 14 cellphones, and multiple other prohibited items.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Convicted Fraudster Sentenced to More Than 17 Years in Prison for Hiring Hitman to Murder WitnessesRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced Alexander Leszczynski to 17 years and 6 months in federal prison for murder for hire and obstruction of justice. Leszczynski had pleaded guilty on June 6, 2023. Judge Moody ordered that Leszczynski’s sentence of 17 years and 6 months be served consecutive to the 17 years and 6 months’ sentence he received in a related fraud case.
According to court documents, in October 2020, Leszczynski, using the name of a fake charity, filed a fraudulent warranty deed for a transfer of a property in Redington Shores, Florida. When the owners of that residence, Victim 1 and Victim 2, sued Leszczynski to correct the deed, Leszczynski sent a series of harassing letters, emails, and faxes to the victims and the lawyer representing them in the lawsuit.
In April 2022, Leszczynski was charged with the deed fraud related to the property belonging to Victim 1 and Victim 2, various other frauds, as well as multiple counts of money laundering in case United States v. Alexander Leszczynski, 8:22-cr-155-MSS-SPF. He was arraigned on May 17, 2022, and ordered detained.
In August 2022, the FBI became aware that while incarcerated at the Pinellas County Jail, Leszczynski sought out a hitman to kill Victim 1 and Victim 2. Leszczynski reported to a confidential informant that he had $45,000, hidden at his residence, available to pay someone to kill the victims. Leszczynski relayed to the confidential informant that he would be able to get the victims’ property and that his pending criminal case (the fraud case) would have to be dropped if the victims were dead. The confidential informant agreed to put Leszczynski in contact with a purported hitman, who was actually an undercover agent.
On September 8 and 9, 2022, Leszczynski had calls with the undercover agent. Among other details, Leszczynski shared Victim 1 and Victim 2’s names, address, physical descriptions, approximate ages, and provided additional details that would allow the “hitman” to find photographs of Victim 1 and Victim 2 online. Leszczynski also negotiated the price for the murder at $30,000, and repeatedly ensured that he wanted Victim 1 and Victim 2 dead.
In November 2022, Leszczynski pleaded guilty in both cases. He later withdrew his plea in the murder-for-hire case, but again pleaded guilty in June 2023. Since he pleaded guilty in both cases, Leszczynski has written numerous letters—intercepted by the United States—attempting to solicit and threaten others to come forward and fraudulently take responsibility for his crimes.
The fraud case was investigated by the Federal Bureau of Investigation, the Largo Police Department, the Indian Shores Police Department, and the Palm Beach Police Department. It was prosecuted by Assistant United States Attorney Rachel Jones. The murder-for-hire case was investigated by the Federal Bureau of Investigation and the Pinellas County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Shauna S. Hale and Samantha J. Newman.
University of Miami Student Charged with Hacking Multi-National Shipping, Receiving, and Supply Chain Management Company and Orchestrating Nationwide, Multi-Million Dollar Fraud SchemeRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Matthew Frederic Bergwall (21, Coral Gables), also known as “MXB,” with conspiracy to commit computer and mail fraud, and substantive mail fraud. If convicted on all counts, Bergwall faces a maximum penalty of 45 years in federal prison. The indictment also notifies Bergwall that the United States is seeking an order of forfeiture in the amount of the proceeds of the charged criminal conduct. Bergwall will make his initial appearance today in Miami.
According to the indictment, from December 2021 until April 2022, Bergwall gained unauthorized access to compromised employee accounts of a multi-national shipping, receiving, and supply chain management company (the Victim Company). Bergwall and his co-conspirators used these accounts to enter fraudulent tracking information for merchandise transported by the Victim Company on behalf of victim-retailers located all over the country. This allowed the co-conspirators to pursue full refunds from victim-retailers while maintaining physical possession of the merchandise, such as high-end electronics, jewelry, designer clothing, and accessories. Bergwall and his co-conspirators offered this service for sale, which was marketed as “FTID” (Fraudulent Tracking ID). Bergwall’s FTID fraud scheme caused nearly 10,000 fraudulent returns and resulted in at least $3.5 million in lost product and sales revenue to victim-retailers.
In addition to orchestrating the overall FTID fraud scheme, at times, Bergwall purchased merchandise for himself and later submitted fraudulent tracking information to the Victim Company, prompting full refunds from victim-retailers. For example, during the course of the conspiracy, he did so with regard to a $41,000 Rolex President Day-Date watch, a $600 TeamGee H2O Electric Skateboard, a $350 Samsung 43-inch Smart UHD TV, and an $80 pair of Reebok shoes.
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 Tampa, with valuable assistance from Homeland Security Investigations Miami. It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.
Download IndictmentSarasota Felon Sentenced to 37 Months in Prison for Possessing FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell today sentenced Marquis Henry Mack (33, Sarasota) to 37 months in federal prison for possessing a firearm as a convicted felon. Mack had pleaded guilty on August 9, 2023.
According to court documents, on January 4, 2023, deputies from the Sarasota County Sheriff’s Office responded to Mack’s residence to serve a narcotics-related arrest warrant that had been issued in Manatee County. Mack was standing in his driveway when the deputies approached him. When informed of the pending arrest warrant, Mack turned around and began to walk toward his garage, failing to obey all verbal commands to stop. The deputies grabbed ahold of Mack, and as Mack struggled to break free, the deputies pulled a loaded SCCY CPX-1 9mm caliber pistol from Mack’s front pocket.
Mack, a previously convicted felon, had served 18 months in state prison for possessing a firearm as a convicted felon in 2021. 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, the Sarasota County Sheriff’s Office, and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys David W.A. Chee and Samantha E. Beckman.
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.
Marion County Man Indicted for Fraud Relating to Theft from the Department of Veterans AffairsRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Paul Lesslie Thompson (69, Anthony) with one count of receipt of stolen government property. If convicted, Thompson faces up to 10 years in federal prison and an order of forfeiture for at least $1,169,327.54, which represents the proceeds of the offense charged in the indictment.
According to the indictment, between May 1993 and December 2022, Thompson willfully received, concealed, and retained $1,169,327.54 that was stolen from the United States Department of Veterans Affairs through Veterans Affairs Disability Compensation.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Department of Veterans Affairs – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Armed Drug Trafficker Sentenced to Nine Years for Possessing Firearm and Distribution Quantities of FentanylRead the Press Release
Tampa, Florida – Senior U.S. District Judge Susan Bucklew has sentenced Eugene Washington, Jr. (36, Bradenton) to nine years in federal prison for possession of a firearm by a convicted felon and possession with the intent to distribute 40 grams or more of fentanyl. Washington had pleaded guilty on June 7, 2023.
According to the plea agreement, on the morning of August 12, 2022, officers from the Bradenton Police Department (BPD) responded to a call for service from a concerned citizen regarding an unresponsive individual sitting in the driver’s seat of his vehicle around the 700 block of 9th Street East in Bradenton. The car was stopped in traffic, facing the traffic light in the median lane. Once at the scene, the BPD officers asked Washington to exit the vehicle. As Washington exited the car, the officers noticed a silver and black Smith and Wesson SD40 .40 caliber pistol on the driver’s seat. Washington turned back into the car and appeared to reach for the firearm. The firearm was loaded with 11 rounds of ammunition.
Also recovered from inside the vehicle was a backpack, located on the passenger floorboard, that backpack contained a variety of controlled substances, including: 44.07 grams of fentanyl, 35.06 grams of methamphetamine, 93.86 grams of cocaine base, 13.91 grams of cocaine, 36.28 grams of hydrocodone, 9.99 grams of oxycodone, 433.37 grams of dimethylpentylone (a substituted cathinone), and 21.35 grams of cannabis. Washington later admitted that he had previously been convicted of distributing heroin and had served a federal prison sentence for that offense. As a convicted felon, Washington is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bradenton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys David W.A. Chee and 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.
Multi-Convicted Felon Federally Indicted for Illegal Possession of A Firearm and AmmunitionRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Jerome Swopshire (40, Silver Springs) with possessing a firearm and ammunition as a convicted felon. If convicted, Swopshire faces a maximum penalty of 15 years in federal prison.
According to the indictment, on August 9, 2023, Swopshire possessed a Taurus firearm and Sig ammunition. At the time, Swopshire had previous state felony convictions for robbery, child abuse, resisting an officer with violence, felony domestic battery, and possession of a controlled substance without a prescription. As a convicted felon, he is prohibited from possessing firearms or 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 the Ocala Police Department, the United States Marshals Service, and Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
This case is part of the 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 for occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Jury Convicts Pinellas Man of Trafficking FentanylRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Corey Gaddy (31, St. Petersburg) guilty of conspiracy to distribute controlled substances including fentanyl and two counts of distribution of fentanyl. Gaddy faces a maximum sentence of 60 years’ imprisonment. His sentencing hearing is scheduled for February 1, 2024. Gaddy was arrested on September 9, 2020, and has remained in custody.
According to court records, testimony and evidence presented at trial, Gaddy was a supplier of opioids in Pinellas County since 2017. One of his dealers, Shawn Rodriguez, was at various times during the conspiracy a distributor of opioids in the Madeira Beach area. In February 2019, the Largo Police Department conducted a traffic stop of Gaddy where heroin was concealed on his person. On November 6, 2019, while on bond for that offense, Gaddy distributed fentanyl to Rodriguez who then supplied the same to K.E. In the early morning hours of November 7, 2019, K.E. died of fentanyl toxicity. Gaddy learned that K.E. had died but continued distributing opioids anyway. In April 2020, while still on bond for his pending state case, Gaddy distributed opioids to J.P. and another individual. Two days later, J.P. was found dead on a fishing boat.
Rodriguez previously pleaded guilty to his role in the case. His sentencing hearing is scheduled for February 7, 2024.
This case was investigated by Drug Enforcement Administration, the Pinellas County Sheriff’s Office, and the Largo Police Department, with assistance from the Federal Bureau of Investigation 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. The case is being prosecuted by Assistant United States Attorneys Dan Baeza and Lauren Stoia.
St. Petersburg Man Pleads Guilty to Possession of Fentanyl, Methamphetamine, and Cocaine with Intent to DistributeRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Jason Washington (42, St. Petersburg) has pleaded guilty to one count of possession of fentanyl, methamphetamine, and cocaine with the intent to distribute it. Due to the amount of methamphetamine Washington possessed, he faces a minimum mandatory sentence of 10 years, up to life, in federal prison. A sentencing date has not yet been set.
According to court documents, on April 13, 2023, law enforcement officers executed a search warrant at Washington’s residence. Inside the home, they found over 240 grams of methamphetamine, 225 grams of fentanyl, and 102 grams of cocaine. Officers also located more than $77,000 in cash and six firearms inside the home.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Samantha Newman.
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.
Sarasota Drug Dealer Sentenced to More Than Six Years for Possessing AR-Style Rifle, Handguns, Hundreds of Rounds of Ammunition, and Distribution Quantities of MethamphetamineRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. today sentenced Clinton Justesen (49, Sebring) to six years and two months in federal prison for possessing a firearm as a convicted felon and possessing methamphetamine with the intent to distribute it. Justesen had pleaded guilty on March 6, 2023.
According to the plea agreement, on September 9, 2022, deputies from the Sarasota County Sheriff’s Office stopped a truck driven by Justesen near the intersection of Williamsburg Street and North Lockwood Ridge Road in Sarasota. Justesen was towing a motorcycle which had been reported stolen on August 23, 2022. A search of Justesen’s truck and the trailer carrying the motorcycle revealed multiple firearms, hundreds of rounds of ammunition of different calibers, approximately 12.6 grams of methamphetamine, a vacuum sealer, a digital scale, assorted pills and tablets of various colors, and approximately $12,000 in cash.
The firearms recovered from Justesen’s truck included: (1) a HS Produkt XD9 9mm pistol; (2) a Smith & Wesson M&P 9 Shield 9mm pistol; and (3) an Anderson Manufacturing AM-15 .223/5.56mm caliber rifle with a vertical foregrip installed thereon.
At the time, Justesen had prior felony convictions including: (1) vehicular homicide; (2) leaving the scene of a crash with death; (3) armed robbery; and (4) felon in possession of a firearm, all on or about January 31, 1997. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
Justesen later admitted to ATF to selling narcotics, possessing the firearms, and that he needed the firearms for his protection during his drug dealing activities.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota County Sheriff’s Office. It was prosecuted by Assistant United States Attorney David W.A. Chee.
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.
RICO Conspirator Convicted at TrialRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Dickenson Elan (40, Clearwater) guilty of Racketeer Influenced and Corrupt Organizations (RICO) conspiracy. Elan faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for February 7, 2024. Elan had been indicted on September 7, 2022.
According to testimony and evidence presented at trial, between January 2016 and April 2017, Elan participated in the RICO conspiracy with coconspirators Andi Jacques (42, Greenacres) and Louisant Jolteus (37, West Palm Beach), and a now deceased conspirator who was referenced in the indictment as RICH4EVER4430. Elan and Jacques created and operated at least six fraudulent tax businesses together to file false tax returns in the names of thousands of victims. They also registered with the Internal Revenue Service (IRS) preparer tax identification numbers using the names and information of identity theft victims, to make it appear that those victims were the individuals who were filing false returns in bulk.
Some of the personal identifiable information (PII) used to file these returns was stolen from victims who had come into the tax businesses to file their taxes. Other PII was obtained by using a dark web marketplace to purchase server credentials for the computer servers of Certified Public Accounting (CPA) and tax preparation firms across the country. The server credentials were then used 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. The PII from those taxpayers was traced back to returns filed through the false businesses that Elan and Jacques had created. The conspirators directed the resulting tax refunds to debit cards and bank accounts that they controlled. During the 2016 and 2017 tax seasons, the conspirators attempted to obtain more than $16 million in false tax returns and preparers’ fees from the IRS. The photo below was found in Elan’s email account and was sent after the 2016 tax season.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney John M. Gardella and William S. Hamilton.
Osceola County Convicted Felon Sentenced to Six Years in Federal Prison for Firearm and Drug OffensesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Christian Arroyo-Rivera (30, Kissimmee) to six years in federal prison for possessing a firearm as a convicted felon and possessing with the intent to distribute 500 grams or more of a mixture and substance containing cocaine. The court also ordered Arroyo-Rivera to forfeit the firearm and ammunition used in the offense. Arroyo-Rivera had pleaded guilty on August 23, 2023.
According to court documents, on May 25, 2022, the Drug Enforcement Administration received information from the United States Postal Inspection Service that a parcel addressed to “Carlos Arroyo,” with an address in Kissimmee, was shipped from Puerto Rico and scheduled for a delivery the next day. A controlled delivery of the parcel to Arroyo-Rivera’s mailbox was coordinated for the next day. After Arroyo-Rivera retrieved the package, he was stopped and taken into custody. The parcel contained nearly 2 kilograms of cocaine. Agents also located a loaded Polymer80, 9mm pistol and extended magazine in Arroyo-Rivera’s vehicle. As a previously convicted felon, Arroyo-Rivera is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Drug Enforcement Administration with assistance from the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Megan Testerman and Shannon Laurie.
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.
Marion County Woman Indicted for Fraud Relating to Theft from Alternative SchoolRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Danielle Jane Liles (41, Summerfield) with eight counts of wire fraud. If convicted, Liles faces up to 20 years in federal prison on each count. The United States is also seeking an order of forfeiture for at least $616,793.43, which represents the unlawful proceeds of the offenses charged in the indictment.
According to the court records, between January 11, 2016, and April 10, 2023, Liles devised a scheme to defraud Silver River Mentoring and Instruction (SRMI), an alternative school for middle and high school students. During this time, Liles handled the payroll at SRMI and gave herself 137 unauthorized paychecks by logging false information into SRMI’s accounting software. Liles received her paychecks through Automated Clearinghouse Services (ACH) wire transfers.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation and the U.S. Department of Education – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Marion County Convicted Felon Federally Indicted for Illegal Possession of A FirearmRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Marcus Cleaver Morgan, Jr. (23, Ocala) with possessing a firearm as a convicted felon. If convicted, Morgan faces a maximum penalty of 15 years in federal prison.
According to the indictment, on January 14, 2023, Morgan possessed a Glock firearm. At that time, Morgan had a previous state felony conviction for carrying a concealed firearm. As a convicted felon, he is prohibited from possessing firearms or 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 the Ocala Police Department and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
This case is part of the 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 for occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Doctor and Her Granddaughter Indicted for Drug Conspiracy and Unlawful Distribution of OpioidsRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces the return of an indictment charging Janet Pettyjohn (77, Spring Hill) and Shelly Gallagher (34, Brooksville) with conspiracy to distribute drugs. The indictment also charges Pettyjohn with 21 substantive counts, and Gallagher with 9 substantive counts, of unlawful drug distribution. If convicted, Pettyjohn and Gallagher each face a maximum penalty of 20 years in federal prison on each count. The indictment notifies Pettyjohn that the United States intends to forfeit $34,132 in U.S. currency, which is alleged to be traceable to proceeds of her criminal conduct.
According to the indictment, Pettyjohn was an osteopathic physician licensed to practice medicine in the State of Florida with a Drug Enforcement Administration (DEA) registration number to prescribe controlled substances. In July 2020, Florida’s Board of Osteopathic Medicine (BOM) restricted Pettyjohn from prescribing opioids due to complaints about the manner in which she prescribed controlled substances. After the BOM’s Final Order and the prescribing restriction took effect, Pettyjohn continued to prescribe opioids in violation of the Final Order. The BOM later lifted the prescribing restriction in March 2021.
Gallagher is Pettyjohn’s granddaughter and did not hold a medical license. Between March 2021 and February 2023, Gallagher sponsored patients at Pettyjohn’s clinic and ordered controlled substances for herself and others from Pettyjohn. Pettyjohn knowingly and intentionally prescribed the controlled substances for Gallagher and others for no legitimate medical purpose in the usual course of professional practice, which Gallagher and others abused and diverted.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration—Tampa District Office, the Hernando County Sheriff’s Office, and by the Opioid Fraud Abuse and Detection Unit at the United States Attorney’s Office, which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. It is being prosecuted by Assistant United States Attorney Greg Pizzo.
Federal Jury Convicts Masked Man for Armed Robbery of Multiple PharmaciesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Jesse Rance Moore (46, Bell) guilty of four counts pertaining to Hobbs Act robberies and three counts of brandishing a firearm during the robberies. Moore faces a maximum penalty of 20 years in federal prison for each of the robbery offenses and up to life in federal prison for each of the firearm offenses. His sentencing hearing is scheduled for January 30, 2024. Moore had been charged in a superseding indictment on January 26, 2023.
According to testimony and evidence presented at trial, the FBI first learned of a masked man robbing a string of pharmacy stores in the Columbia County area after the North Florida Pharmacy in Fort White was robbed at gun point on January 13, 2022. This masked individual was captured on surveillance exiting a blue/grey sedan, walking into the pharmacy with a black handgun, and demanding controlled substances, specifically, oxycodone, oxycontin, and Percocet.
After holding up multiple store employees and taking the controlled substances, the masked man exited the pharmacy and drove southbound on US Highway 27. Unbeknownst to the robber, a good Samaritan in the pharmacy’s drive-thru followed the getaway vehicle and captured the license plate number, which led back to Moore. Further, the FBI later discovered that the vehicles used in the previous three robberies: the North Florida Pharmacy (Fort White) on August 2, 2021; North Florida Pharmacy (Chiefland) on November 20, 2021; and the Baya West Pharmacy (Lake City) on December 29, 2021 either matched the description of a pickup truck registered to Moore or matched the vehicles Moore’s wife had rented just days prior to the robberies.
According to testimony and evidence presented at trial, law enforcement seized articles of clothing, multiple masks, the firearm, handwritten notes, and brown boots associated with the robberies. In addition, and despite Moore’s many disguises, witnesses testified to the robber’s physical appearance, clothing, interactions, and demeanor during the robberies.
During trial, evidence seized from Moore’s cellphone was presented to demonstrate that he had googled medications stolen from the pharmacies, the store hours of pharmacies, and a variety of keyword searches, including the question “do drug stores get robbed in florida,” which he had Googled just a couple weeks prior to the first robbery.
This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, the Lake City Police Department, the Chiefland Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Florida Department of Law Enforcement, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Kirwinn Mike.
Doctor Pleads Guilty to Unlawful Drug Distribution, False Statement to Medicare, and Paycheck Protection Program FraudRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that Tommy Louisville (71, Pembroke Pines) has pleaded guilty to unlawful drug distribution, making a false statement related to health care matters, and wire fraud. Louisville faces a maximum penalty of 10 years in federal prison for the drug distribution offense, up to 5 years’ imprisonment for the false statement offense, and up to 20 years in federal prison for the wire fraud offense. A sentencing date has not been scheduled.
According to the plea agreement, Louisville was a Florida-licensed physician and Drug Enforcement Administration (DEA) registrant. On May 30, 2019, the Florida Board of Medicine suspended Louisville from the practice of medicine for two years, thereby making him ineligible to lawfully prescribe controlled substances. Louisville continued to issue controlled-substance prescriptions after his medical license was suspended. Furthermore, he concealed from Medicare the fact that he was not authorized to issue prescriptions in connection with the submission to Medicare of the prescriptions for payment. Louisville eventually shuttered his medical business in approximately November 2019.
Between April and May 2020, Louisville used his closed business to fraudulently obtain a federal Paycheck Protection Program (PPP) loan in the amount of $33,034. Louisville submitted an application that contained multiple fraudulent representations, including stating average monthly payroll suggesting he actively operated a medical business; that he employed six employees; and certifying that loan proceeds would be used for business-related purposes. Louisville agreed to forfeit $33,034, the proceeds of his criminal conduct.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.
This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General, the Drug Enforcement Administration -Tampa District Office, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Greg Pizzo.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
California Man Sentenced to 5 Years in Federal Prison for Stalking Multiple Black VictimsRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Christopher Au-Young (36, California) to five years in federal prison for interstate stalking and cyberstalking. Au-Young pleaded guilty to six counts of stalking five different victims on July 28, 2023.
According to court documents, since August 2022, Au-Young engaged in a campaign of online and telephonic harassment and threats against multiple victims living in the Middle District of Florida and elsewhere. Au-Young engaged in a course of conduct with the intent to harass or intimidate the victims, all of whom were black. Specifically, Au-Young cyberstalked, harassed, and threatened the victims by posting threatening and harassing videos on Facebook, YouTube, Vimeo, and Reddit, and often used racial slurs or other racially offensive language in doing so.
Between October 2022 and his arrest in January 2023, Au-Young stalked Victim 1. Victim 1 met Au-Young on his podcast dedicated to interracial dating. After Victim 1 expressed disinterest in seeing Au-Young, he began a campaign of terrorizing her through racist threats. Au-Young made his intent clear, telling her, “I hope I ruin your life.” Au-Young posted multiple videos on YouTube in which he published Victim 1’s personal information, to include her home address and real name, which Victim 1 had never provided to Au-Young. He also drove three hours to her residence, in the middle of the night, and parked outside of her home. Victim 1 felt so unsafe because of Au-Young’s conduct that she had to move. Victim 1 also correctly believed that Au-Young nefariously targeted black women through his actions, podcast, and racist statements made online regarding Dylan Roof and mass shootings.
Victim 2 met Au-Young online in a Facebook group about veterans. They began a consensual dating relationship. Victim 2 subsequently decided to end the relationship. In response, Au-Young began stalking, threatening, and harassing Victim 2 and her family members: her daughter (Victim 3), her son (Victim 4), and her brother (Victim 5). Au-Young published several videos on the internet that contained racist and defamatory remarks warning the community to stay away from Victim 2 and several of Victim 2’s family members. According to Victim 2, Au-Young warned her that he would never stop coming for her and told Victim 2 to lock her doors at night and sleep with one-eye open. Au-Young posted a bounty video offering a $4,000 reward for information on Victim 2’s whereabouts.
Victim 3 is the adult daughter of Victim 2. Au-Young posted dozens of videos online threatening to come after Victim 3. One video Au-Young posted online is entitled, “[VICTIM 3]” with a photo of Victim 3 and a text layover that reads: “[Victim 3] PED-O-FILE”. In a second video, Au-Young accused Victim 3 of being homophobic and calling for her place of employment to fire her. On December 11, 2022, Au-Young drove from California to Illinois to stalk Victim 3, in person. He posted videos online during his cross-country trip announcing that he was going to vandalize Victim 3’s vehicle in retaliation for Victim 2’s decision to break up with him. Au-Young arrived in Illinois on December 12, 2022, and stalked Victim 3 for three days at Victim 3’s place of employment. A concerned YouTube watcher alerted law enforcement officers who located Au-Young in the backseat of his vehicle parked near the entrance of Victim 3’s place of employment.
Victim 4 is the son of Victim 2. Like Victims 2 and 3, Au-Young posted racist, threatening, and defaming videos to the internet threatening to come after Victim 4. In addition to the videos, Au-Young mailed approximately four letters to Victim 4. Au-Young’s typed letters called Victim 4 and his family racial epithets [n-word] and contained threats to come after them.
Victim 5 is the brother of Victim 2. Au-Young published videos on the internet making false allegations that Victim 5 was a pedophile. The videos show photos of Victim 5 and make specific allegations against Victim 5, claiming he is a dangerous person who has molested several children. The videos also implicated Victim 5’s wife. Au-Young also sent letters to Victim 5’s residence and the church where Victim 5 worked as a minister. Although all of the allegations were false, Au-Young told the community that Victim 5 was a pedophile who was aided by his wife.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Tampa Police Department, the Anaheim Police Department (California), and the Carbondale Police Department (Illinois). It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel and former Assistant United States Attorney Lisa Thelwell.
Panama City Woman Sentenced to Federal Prison for Passing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Lyndsey Rhea Markland (41, Panama City) to 12 months in federal prison for passing counterfeit Federal Reserve notes. The court also ordered Markland to pay restitution to the victims she defrauded. On June 8, 2023, Markland pleaded guilty to four counts of passing counterfeit Federal Reserve notes.
According to court documents and public records, in 2022, Markland entered various businesses in Brevard, Clay, Duval, and Seminole counties and purchased gift cards, merchandise, and food using counterfeit Federal Reserve notes. Law enforcement subsequently determined that Markland and her co-defendant, Neal Evan Pollman (42, Panama City), were staying at a hotel in Palm Bay. In November 2022, the Palm Bay Police Department (PBPD) executed a search warrant at their hotel room and located Markland inside the room. Also located in the room was approximately $30,000 in counterfeit currency and a printer, along with other tools used by Pollman to manufacture counterfeit Federal Reserve notes. Shortly after the execution of the search warrant, the PBPD located Pollman in the vicinity of the hotel and arrested him. When the officers searched Pollman, they recovered various counterfeit Federal Reserve notes on him which were traced back to his manufacturing activities. During a subsequent forensic examination of Pollman’s cellphone, law enforcement located images of Federal Reserve notes that Pollman used to manufacture the counterfeit currency.
Pollman and Markland appeared in federal court on April 27, 2023, pursuant to a writ bringing them to Jacksonville from the Bay County Jail, where they were serving jail sentences for violating their state probation on multiple charges related to passing counterfeit Federal Reserve notes. The court ordered Pollman and Markland detained.
On September 25, 2023, U.S. District Judge Davis sentenced Pollman to 18 months in federal prison for manufacturing counterfeit Federal Reserve notes. The court also ordered Pollman to pay restitution to the victims he defrauded.
This case was investigated by the Brevard County Sheriff’s Office, the Jacksonville Sheriff’s Office, the Palm Bay Police Department, the Orange Park Police Department, the Seminole County Sheriff’s Office, and the United States Secret Service - Jacksonville Field Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Navy Sailor Indicted for Attempting to Entice and Meet A Minor Child to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Michael Buck Brockway (39, Jacksonville) with using the internet and his cellphone from July 17 through July 28, 2023, to attempt to entice a minor child to engage in sexual activity. If convicted, Brockway faces a minimum mandatory penalty of 10 years, up to life, in federal prison, and a potential life term of supervised release. Brockway was arrested on July 28, 2023, in Jacksonville, on related state charges. He was arraigned in federal court on November 2, 2023, and ordered detained pending trial.
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 Jacksonville Sheriff’s Office, the Naval Criminal Investigative Service, and the Federal Bureau of Investigation. 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.
Honduran Nationals Sentenced in Multi-Million Dollar Wire and Tax Fraud SchemeRead the Press Release
Jacksonville, Florida – Chief United States District Court Judge Timothy J. Corrigan has sentenced Omar Wilkin Santos-Calix and Oscar Rene Santos-Santos, both Honduran nationals and both illegally present in United States, to 24 months in federal prison for conspiracy to commit wire fraud and conspiracy to commit tax fraud. The court also ordered Santos-Calix to pay restitution to the IRS in the amount of $3,245,161 and entered a money judgment against Santos-Calix in the amount of $897,870, representing the proceeds of the wire fraud. The court ordered Santos-Santos to pay restitution to the IRS in the amount of $1,773,429 and entered a money judgement against Santos-Santos in the amount of $490,634, representing the proceeds of the wire fraud.
According to court documents, Santos-Calix and Santos-Santos established a shell company that purported to be involved in the construction industry. They obtained a workers’ compensation insurance policy in the name of the shell company to cover a minimal payroll for a few purported employees, then “rented” the workers’ compensation insurance to work crews who had obtained subcontracts with construction contractors on projects in various Florida counties as well as contractors in other states. Santos-Calix and Santos-Santos sent the contractors a certificate as “proof” that the work crews had workers’ compensation insurance, as required by Florida law. By sending the certificate, the defendants falsely represented that the work crews worked for the two companies. Over the course of the scheme, the defendants “rented” the certificates to dozens of work crews, defrauding the worker’s compensation insurance carrier.
As part of the scheme, the contractors issued payroll checks for the workers’ wages to the shell companies and Santos-Calix and Santos-Santos cashed these checks, then distributed the cash to the work crews after deducting their fee, which was typically about 6% of the payroll. During the scheme, both defendants cashed payroll checks totaling approximately $19 million, with their fees totaling over $1 million. Neither the shell company nor the contractors reported to government authorities the wages that were paid to the workers, nor did they pay either the employees’ or the employer’s portion of payroll taxes – including Social Security, Medicare, and federal income tax. According to the IRS, the amount of payroll taxes due on wages collected by Santos-Calix and Santos-Santos totaled $5,018,590.
The scheme also facilitated the avoidance of the higher cost of obtaining adequate workers’ compensation insurance for the numerous workers on the work crews to whom Santos-Calix and Santos-Santos “rented” the workers’ compensation insurance. The two policies that the defendants purchased and then “rented” out was for an estimated payroll of $175,000, and the insurance company issued policies for a premium of approximately $21,000. Had a workers’ compensation insurance policy been purchased for the actual payroll totaling approximately $19,000,000, the policy premium would have totaled about $2.5 million.
“Through their illegal workers compensation payroll and insurance fraud scheme, these individuals sought to defraud the U.S. government and undercut legitimate private businesses, while taking advantage of noncitizen workers, for their own personal profit,” said Assistant Special Agent in Charge K. Jim Phillips, HSI Jacksonville. “Rest assured that HSI special agents, IRS Criminal Investigation, and our law enforcement partners will vigilantly pursue those who think they can operate without regard to U.S. laws.”
“Through their actions, these defendants attempted to create an environment that favored cheaters,” said IRS-CI Acting Special Agent in Charge Tara K. Reed. IRS-CI prioritizes cases involving individuals who seek to hurt tax-compliant individuals and businesses. Through our partnership with HSI and the United States Attorney’s Office, we will continue to identify bad actors and work together to vigorously investigate and prosecute these payroll tax and worker’s compensation insurance schemes.”
This case was investigated by Homeland Security Investigations (HSI), the Internal Revenue Service – Criminal Investigation, and the Florida Department of Financial Services. It was prosecuted by Assistant United States Attorney John Cannizzaro. The forfeiture was handled by Assistant United States Attorney Mai Tran.
Fort Myers Man Sentenced to 24 Years in Prison for Killing an FBI InformantRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced James Franklin Broomfield, Jr. (37, Fort Myers) to 24 years in federal prison for tampering with an informant by killing. The court ordered the sentence to run consecutive to a sentence Broomfield is currently serving for possession of a firearm as a convicted felon. Broomfield had pleaded guilty on January 9, 2019.
According to court documents and evidence presented in the related trial of United States v. Robert Lee Ward, Robert Ward was the leader of a drug trafficking organization (DTO) in Fort Myers that distributed cocaine in Fort Myers and other locations for over a decade until Ward’s arrest in 2018. In 2012, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Lee County Sheriff’s Office were investigating Ward and his DTO when the FBI obtained the assistance of Kristopher Smith, a member of Ward’s DTO, who agreed to cooperate in the investigation. Ward learned about Smith’s cooperation with investigators and solicited Broomfield to kill Smith. Broomfield agreed to kill Smith for $30,000. Ward provided Broomfield with a loaded firearm and told him where to locate Smith.
On January 7, 2013, Broomfield and another individual followed Smith and his girlfriend as they drove to their son’s school in Fort Myers. Smith remained in the car while his girlfriend entered the school to deliver lunch to their son, who was a first-grade student at the school. Broomfield and his accomplice parked their vehicle behind the informant’s car. Broomfield ran up to the car and shot Smith several times, killing him.
A jury has found Ward guilty of conspiracy to distribute over five kilograms of cocaine, and tampering with an informant by killing, and he is pending sentencing.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Lee County Sheriff’s Office, and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.
This investigation is the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. 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.
Bradenton Woman Sentenced to More Than Nine Years in Prison for Investment Fraud and Money LaunderingRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody has sentenced Lori Ann Nademus (46, Bradenton) to nine years and two months in federal prison for wire fraud and money laundering. The court also ordered Nademus to forfeit a 10-carat white gold and diamond wedding ring and a stainless-steel TAG Heuer watch, which are traceable to proceeds of the offense. As part of her sentence, the court also entered an order of forfeiture in the amount of $9.75 million, the proceeds of the wire fraud scheme. Nademus had pleaded guilty on March 17, 2023.
According to court documents, between February 2017 and September 2020, Nademus solicited individuals to invest in false and fraudulent high-yield investment programs and used the fraud proceeds to perpetuate the scheme and for her own personal enrichment. Using her purported foundations, Nademus falsely and fraudulently represented that the victim-investors’ funds would be used for various projects, such as providing clean water to a third world country, purchasing a trust in Liechtenstein at a cost exceeding $1 million, leveraging a gold mine for investment, and liquidating a multi-million dollar investment, and that the victim-investors would realize nearly immediate, significant, and ongoing gains by providing bridge financing. Nademus communicated that the investments were safe for various reasons, including that the investments were secured by millions of dollars of assets held by her “Teras Foundation Investments.” Nademus memorialized the phony investment opportunities presented to victim-investors in so-called promissory notes, balloon promissory notes, and/or memos of understanding. She caused the victim-investors to transmit their funds, often via interstate wires, to accounts in the names of Dunamis Foundation, Teras Foundation, or an attorney’s IOTA account.
Nademus used nearly all of the funds for international travel, luxury residences, high-end retail purchases of clothing, jewelry, and other items, and for her own personal enrichment. When she failed to pay the victim-investors their supposed gains in a timely manner, Nademus endeavored to assuage their concerns by promising a higher return at a later time to lull them into a false sense of security.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Tiffany E. Fields and Rachelle DesVaux Bedke. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.
Three Indicted for Contract Killing of 17-Year-Old High School Student in Order to Prevent Her Testimony in CourtRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Brooksville residents Lenard White (36), a/k/a “Len,” “Mike Williams,” and “Stick,” Sheldon Robinson (21), a/k/a “Poboy,” and Keshawn Woods (22) with conspiracy to commit murder for hire, murder for hire, discharge of a firearm during and in relation to a crime of violence which caused the death of I.S., and discharge of a firearm in furtherance of a violent crime. White and Robinson were also charged with conspiracy to distribute controlled substances, tampering with a witness, and obstruction of justice. Janet Williams (44, Brooksville), Robinson’s mother, has been charged with multiple counts of false statements to federal agents.
If convicted on all counts, White, Robinson, and Woods each face mandatory life imprisonment, or the federal death penalty. Williams faces a maximum penalty of five years in federal prison for each of the three false statement counts.
According to the indictment and evidence presented in court, on February 6, 2023, a 17-year-old victim (I.S.) and her mother (L.P.) went to the Hernando County Sheriff’s Office to report that I.S. had been sexually assaulted by White. White then contracted with Robinson and Woods to murder I.S. for $10,000 to prevent her from further pursuing criminal charges against him. The following day, Robinson and Woods arrived at I.S. and L.P.’s home and knocked on the door. When the door was opened, a barrage of gunshots were fired at I.S. and L.P. I.S. was shot four times and killed. L.P. was struck by gunfire but survived.
As the federal investigation of I.S.’s murder progressed, White, Robinson, and Williams attempted to hinder the investigation by disposing of evidence, tampering with witnesses, obstructing justice, and making false statements to law enforcement.
Janet Williams made her initial appearance in federal court on October 26, 2023, and was released on conditions including home detention. Keshawn Woods had his initial appearance in federal court on November 1, 2023, and was ordered detained. White and Robinson are currently in state custody. They are scheduled to make their initial appearances in federal court on November 9, 2023, at 12:30 p.m.
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 Hernando County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives, with substantial assistance from the Florida Department of Law Enforcement and the State Attorney’s Office for the Fifth Judicial Circuit. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.
Middle District of Florida Agencies and Stakeholders Awarded More Than $20 Million in Funding for Investments in Public SafetyRead the Press Release
The Justice Department announced today several new commitments as part of its Comprehensive Strategy for Reducing Violent Crime. Instituted by Attorney General Merrick B. Garland in May 2021, the strategy focuses on harnessing federal resources, intelligence, and expertise as a force-multiplier with state, local, and Tribal law enforcement.
Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta highlighted the more than $334 million in critical grant funding to law enforcement agencies and stakeholders awarded today by the Office of Community Oriented Policing Services (COPS Office).The COPS grants announced today include funding to help law enforcement agencies hire over 1,730 new law enforcement officers across the country while also providing critical funding to support school safety and continue to advance community policing nationwide.
Through this funding, U.S. Attorney’s Office for the Middle District of Florida (MDFL) is pleased to announce that the Department’s COPS Office has awarded $20,677,053 in the MDFL to combat violent crime and maintain public safety.
“Law enforcement officers across the country are showing up every day to protect their communities in the face of unprecedented challenges,” said Attorney General Merrick B. Garland. “These grants, which support the hiring of more than 1,700 new officers and make critical investments in school safety and crisis intervention efforts, will help provide local law enforcement agencies with the resources they need to keep their communities safe, support officers, and build public trust.”
“The more than $20 million in grant funding awarded to recipients in our district will help our law enforcement partners to continue to keep our communities safe,” said U.S. Attorney Handberg. “This funding will support the hiring of more than 180 new officers in our district, promote community policing, as well as provide funds for law enforcement mental health and wellness.”
Lastly, the Deputy Attorney General and Associate Attorney General announced that this December 11-13, in Indianapolis, the Justice Department’s will bring together 1,500 local and federal partners from across the country, including representatives from the more than 50 PSP jurisdictions and from Project Safe Neighborhoods for a Violent Crime Reduction Summit, to be hosted by OJP BJA.
Complete lists of all program award recipients, including funding amounts, can be found here.
Sarasota Man Charged with Threatening Jewish Organization in New YorkRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of a criminal complaint charging Deep Alpesh Kumar Patel (21, Sarasota) with transmitting an interstate threat to injure. If convicted, Patel faces a maximum penalty of five years in federal prison.
According to the complaint affidavit, on October 21, 2023, Patel left a threatening voicemail at the World Jewish Congress in New York City identifying himself by name and screaming, among other expletives, “If I had a chance, I would kill every single one of you Israelis. Every single one of you! Cause mass genocide of every single Israeli.”
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force, with valuable assistance from the Florida Department of Law Enforcement, the Sarasota Police Department, and the Sarasota County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Risha Asokan.
Download Criminal ComlpaintMan Who Opened Fire on ATF Agents and Lakeland Police Officers After Highspeed Chase on I-4 Pleads GuiltyRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Francisco Cabrera (28, Dover) today pleaded guilty to three counts of armed robbery, use of a firearm in furtherance of a crime of violence, armed carjacking, and possessing a firearm and ammunition as a convicted felon. Cabrera faces a minimum mandatory sentence of 28 years, up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, between January 13 and 17, 2022, Cabrera engaged in a crime spree during which he robbed two stores and a gas station in Plant City and Brandon. During these robberies, Cabrera held victims at gunpoint. At times, Cabrera removed the magazine from his pistol and showed bullets to the victims and stated, “this is for real” or “give me the money or I will shoot you.”
On January 19, 2022, Cabrera returned to the gas station he had robbed, approached an individual sitting inside a truck and carjacked him at gunpoint. As Cabrera was escaping in the truck, he brandished his firearm to other individuals who attempted to stop him and help the victim. Hours later, detectives from the Lakeland Police Department and ATF special agents, working together, located Cabrera in Plant City. Law enforcement activated their lights and sirens and began pursuit. Cabrera fled through Plant City, eventually entering the eastbound on-ramp of Interstate-4 heading towards Lakeland. As Cabrera entered the on-ramp, he stuck his hand out the driver’s side window holding a firearm. He pointed the firearm at law enforcement and fired multiple shots. Once on Interstate-4, Cabrera traveled at speeds of over 100 miles per hour, weaving in and out of busy midday traffic.
At one point, Cabrera lost control of his vehicle and crashed into a concrete median, nearly causing a collision with oncoming traffic. As he continued to flee, Cabrera fired multiple shots at law enforcement officers, striking their vehicles. Fearing that Cabrera was going to kill someone, and after determining that no other law enforcement officers or civilians would be in danger, an ATF special agent fired at Cabrera striking him twice in his lower back. Officers from the Lakeland Police Department and ATF agents then surrounded Cabrera. The officers provided Cabrera with first aid medical assistance before taking him to the hospital.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Lakeland Police Department. It is being 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.
Jacksonville Woman Arrested for Conspiracy to Create and Distribute Animal Crush VideosRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging Nicole Danielle Devilbiss (35, Jacksonville) with conspiracy to create and distribute animal crush videos. If convicted, Devilbiss faces a maximum penalty of five years in federal prison. A detention hearing has been set for Devilbiss on November 1, 2023, at 1:00 p.m.
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 court documents, an investigation into a group on a mobile phone application revealed users were arranging the creation and sharing of videos depicting animal crush videos involving primates. The group chat was dedicated to the abuse, torture, and death of monkeys of various ages. The investigation identified Devilbiss as one of the administrators of the group and determined that she removed people from the group, commented on the abuse of the primates in the videos, and shared videos depicting primates being tortured.
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 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 will be prosecuted by Assistant United States Attorney Ashley Washington.
Unlicensed Wholesaler Sentenced to Prison for Distributing Foreign Unapproved New Drugs and Mail FraudRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Marina Sievert (58, Dunedin) to two years in federal prison for mail fraud and introduction into interstate commerce of a foreign unapproved new drug. As part of her sentence, the court entered an order of forfeiture in the amount of $1.5 million, the proceeds of the charged criminal conduct, and ordered Sievert to pay $20,000 in criminal fines. Sievert had pleaded guilty on June 21, 2023.
According to court documents, beginning in July 2019, and continuing through April 2022, Sievert owned and operated Beauty Forever Florida, Inc. (BFF), a Florida corporation that she used to order, purchase, import, receive, and distribute unapproved and misbranded drugs and medical devices. For instance, Sievert distributed Innotox Medytox and Meditoxin, which contained botulinum toxin type A, a highly potent toxin that could cause the disease botulism. Sievert acquired these products from a Korean pharmaceutical company that did not have the required approvals of the Food and Drug Administration (FDA) for distribution in the United States. Sievert made fraudulent representations on her BFF website to her customers, such as false and misleading claims that BFF’s products were “FDA approved,” had “cleared customs,” and had “guaranteed authenticity.” Sievert collected online orders from the BFF website and used the United States Postal Service and private and commercial interstate carriers to acquire the unapproved new drugs from foreign pharmaceutical retailers. Sievert then distributed the unapproved new drugs across the United States via the mail.
This case was investigated by the United States Food and Drug Administration—Office of Criminal Investigations and Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Greg Pizzo.
United States Recovers $2.4 Million Obtained in Business Email CompromiseRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that the United States has civilly forfeited $2,462,000 in proceeds obtained from a wire fraud scheme that involved the takeover of a business email account. The forfeited funds are being returned to the fraud victim.
According to court documents, the victim, Company 1 (“C1”), sells comprehensive lead frame products and material solutions to the semiconductor packaging industry. In April 2022, C1 received an email requesting a change of payment information from someone it believed worked at its business partner, Company 2 (“C2”), a heavy equipment manufacturer from which C1 regularly purchases lead frame equipment. The email came from what appeared to be C2’s true email address. The email explained that C2 was unable to accept payment into its regular account due to a “fiscal year update,” and instead, asked C1 to make future payments to a different account. This email was a fraudulent communication intended to mislead C1 into unwittingly transferring funds to a criminal entity, rather than C2. As a result of the fraudulent communication, C1 wired $2,462,000 million to the account identified by the fraudster.
After realizing that C2 had not sent the email requesting the change, C1 reported the fraud to its bank, which ultimately caused the $2,462,000 million to be frozen. Agents from the United States Secret Service (USSS) then tracked down the sole signatory of the account that received the funds, S.T., who informed USSS agents that he has never done business with C1 or C2 and he did not believe he was the rightful owner of the funds. S.T. claimed that in approximately January 2022, he met a group of individuals at a Bitcoin conference and agreed to contract his services to the group. S.T. provided his banking information to this group in order to receive payment for the work he was going to perform. S.T. stated that he communicated with the group primarily though the WeChat messaging application, and that when he contacted them about the funds, they denied any fraud-related activity. Because C1 and its bank acted quickly, law enforcement was able to seize and forfeit the full amount transferred by C1.
United States Attorney Handberg has requested and received permission from the Department of Justice’s Money Laundering and Asset Forfeiture Section (MLARS) to remit the forfeited funds back to the victim. MLARS administers the Department’s Asset Forfeiture Program victim compensation process to ensure forfeited funds are returned to victims. U.S. Attorney Handberg noted that “civil forfeiture is an important tool frequently used by federal law enforcement to benefit victims.” In fact, in fiscal year 2023, the Middle District of Florida obtained permission to use almost $44 million in forfeited funds to compensate crime victims. Since 2000, more than $11 billion in forfeited funds has been returned to victims through federal forfeiture. In many cases like this one, criminal forfeiture is not an option because law enforcement is not able to identify the perpetrator even after the criminal proceeds are recovered. U.S. Attorney Handberg thanks MLARS for its assistance in facilitating the distribution in this matter.
“This is another example of how fraudsters are getting more sophisticated with their schemes to steal money,” said Caroline O’Brien Buster, Special Agent in Charge with the Orlando Field Office. “With the cooperation of our partners in the business community, we were able to quickly freeze the funds and assist with returning them to the victim. The United States Secret Service will continue to investigate these and other types of financial fraud in our community and around the nation.”
Business Email Compromise (BEC) is a sophisticated fraud scheme targeting businesses that use wire transfers as a form of payment. The BEC scheme affects large global corporations, governments, and individuals, with current global daily losses estimated at approximately $8 million. Criminals compromise legitimate business email accounts through various hacking schemes, including social engineering and the use of malware. Once a business email account is compromised, a fraudulent email is sent directing the recipient of the email to unwittingly transfer funds to an illicit account. Alternatively, they create “spoofed” email domain names to trick people into thinking they know the sender. An email domain name is the part of an email address that comes after the “@” symbol. In email spoofing, one character in an email address is often changed or missing, thereby tricking the recipient. Criminals obtain and use privileged information to convince BEC email recipients that the transfer instructions are legitimate.
To avoid becoming the victim of a BEC scheme, verify email addresses are accurate when checking mail on a cellphone or other mobile device before you open any attachments or follow any instructions and never make any payment changes without verifying with the intended recipient by phone or in person. If you think you have been a victim of a BEC scheme, 1) immediately contact your bank to request a recall or reversal as well as a Hold Harmless Letter or Letter of Indemnity; and 2) file a detailed complaint with the Internet Crime Complaint Center at www.ic3.gov. The Internet Crime Complaint Center, is run by the FBI and serves as the country’s hub for reporting cybercrime. Visit www.ic3.gov for updated information regarding BEC trends as well as other cyber fraud schemes.
This case was investigated by the United States Secret Service. It was prosecuted by Assistant United States Attorney Jennifer M. Harrington.
Jacksonville Man Sentenced to Federal Prison for Possessing A Short-Barreled RifleRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Jonathan Donte Rogers, Jr. (22, Jacksonville) to 21 months in federal prison for possessing an unregistered short-barreled rifle. Rogers had pleaded guilty on June 1, 2023.
According to court documents, on September 5, 2022, the personal vehicle of an officer from the Jacksonville Sheriff’s Officer (JSO) was burglarized, and his rifle was stolen. The firearm was highly customized to include being a federally regulated short-barreled rifle with the officer’s name engraved on the lower receiver of the rifle. On September 6, 2022, JSO detectives viewed an Instagram video that showed the rifle and depicted Rogers armed with the rifle and filming himself on a phone in the bathroom mirror.
Further investigation led to the execution of search warrant at the residence where Rogers resided. The firearm was found in a gym bag located on Rogers’s bed.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sherriff’s Office. 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.
Clewiston Felon Charged with Multiple Firearm and Drug Trafficking OffensesRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Javier Velasquez, Jr. (37, Clewiston) with two counts of distribution cocaine, three counts of possessing a firearm as a convicted felon, illegal possession of a machinegun, and carrying of firearms during and in relation to a drug trafficking crime. If convicted on all counts, Velasquez, Jr. faces a minimum mandatory penalty of five years, up to life, in federal prison. The indictment also notifies Velasquez, Jr. that the United States intends to forfeit the firearms which are alleged to have facilitated some of the offenses.
According to the indictment, Velasquez, Jr. committed the offenses between July 13 and September 19, 2023.
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.
Oldsmar Man Indicted for Producing, Distributing, and Possessing Child Sexual Abuse MaterialRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces the return of an indictment charging Justin Ryan Culmo, (39, Oldsmar) with three counts of production of child sex abuse material, one count of distribution, and one count of possession of child sexual abuse material. If convicted, Culmo faces a minimum mandatory penalty of 15 years, up to 30 years, in federal prison for each production count, a minimum mandatory 5 years, up to 20 years, for the distribution count, and up to 20 years in federal prison for the possession offense. The indictment also notifies Culmo that the United States intends to forfeit personal property that was used to facilitate the offenses.
According to a previously filed complaint affidavit and the indictment, Culmo has been linked to an online community of individuals who regularly produce, distribute, and receive child sexual abuse material via hidden service websites also known as dark web sites. The websites Culmo accessed are exclusively dedicated to the sexual abuse of children. Culmo allegedly produced and distributed child sexual abuse material on these sites.
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. It will be prosecuted by Assistant United States Attorney Stacie B. Harris.
Any person who was, or knows of someone who may have been, a possible victim of Culmo is urged to contact HSI at 1-866-347-2423 or http://www.ice.gov/webform/hsi-tip-form.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
If you see something, say something. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-347-2423 or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196.
Suspected child sexual exploitation or missing children may also be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST (800-843-5678).
Download IndictmentJustice Department Secures Agreement with Florida School District to Protect the Civil Rights of English Learner StudentsRead the Press Release
The Justice Department announced today a settlement agreement with the Clay County School District in Florida to resolve the department’s findings about the district’s program for English learner students.
The department’s investigation found that the district did not provide English learner students with the language instruction needed to become fluent in English and failed to provide non-English speaking parents with important school information in a language they could understand. The department also found that English learner students could not meaningfully participate in core content classes, like math, science and social studies and did not receive individualized academic and behavioral supports that are available to their peers. In the face of these shortcomings, the district failed to take timely corrective action to ensure equal access.
“Students who are learning English have the right to engage in coursework alongside their peers, and schools must take action necessary to make that right a reality,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold schools accountable when they fail to deliver on our collective promise of equality. This agreement will help ensure that English learner students in Clay County are given the tools necessary to succeed and strive in the classroom.”
“School districts must provide English learner students with appropriate services to overcome language barriers,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We are pleased that the Clay County School District has agreed to embrace its obligation to meet the language needs of its English learners so that students can learn English and fully participate in the district’s educational experience. Equal access to educational opportunities is at the heart of civil rights protections for our youth and students are entitled to equal access despite any language barriers they may have.”
The district cooperated fully with the department’s investigation and, after receiving the results of the investigation, committed to improving its services for English learner students. As part of the settlement agreement, the district has agreed to revise its policies and improve its services so that students can learn English and fully participate in the district’s educational experience.
Under the agreement, the district will modify its practices so that English learner students are properly assessed and identified shortly after their enrollment, promptly provided with language services if they qualify and have the opportunity to equally benefit from the academic and behavioral supports provided to their peers. The district will also make certain that all teachers are qualified, trained and provided enough support and resources to help English learner students become fluent in English and understand their core-content courses. The district will also provide language translation and interpretation of important school information to parents who are not fluent in English. The Justice Department will oversee the district’s implementation of the settlement agreement over the next four school years.
The department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida jointly investigated under the Equal Educational Opportunities Act of 1974.
The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.
View the Spanish translation of the press release here.
View the Haitian Creole translation of the press release here.
View the letter of findings here.
View the English settlement agreement here.
View the Spanish settlement agreement here.
View the Haitian Creole settlement agreement here.
View the English agreement summary here.
View the Spanish agreement summary here.
View the Haitian Creole agreement summary here.
Justice Department Secures Agreement with Florida School District to Protect the Civil Rights of English Learner StudentsRead the Press Release
The Justice Department announced today a settlement agreement with the Clay County School District in Florida to resolve the department’s findings about the district’s program for English learner students.
The department’s investigation found that the district did not provide English learner students with the language instruction needed to become fluent in English and failed to provide non-English speaking parents with important school information in a language they could understand. The department also found that English learner students could not meaningfully participate in core content classes, like math, science and social studies and did not receive individualized academic and behavioral supports that are available to their peers. In the face of these shortcomings, the district failed to take timely corrective action to ensure equal access.
“Students who are learning English have the right to engage in coursework alongside their peers, and schools must take action necessary to make that right a reality,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold schools accountable when they fail to deliver on our collective promise of equality. This agreement will help ensure that English learner students in Clay County are given the tools necessary to succeed and strive in the classroom.”
“School districts must provide English learner students with appropriate services to overcome language barriers,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We are pleased that the Clay County School District has agreed to embrace its obligation to meet the language needs of its English learners so that students can learn English and fully participate in the district’s educational experience. Equal access to educational opportunities is at the heart of civil rights protections for our youth and students are entitled to equal access despite any language barriers they may have.”
The district cooperated fully with the department’s investigation and, after receiving the results of the investigation, committed to improving its services for English learner students. As part of the settlement agreement, the district has agreed to revise its policies and improve its services so that students can learn English and fully participate in the district’s educational experience.
Under the agreement, the district will modify its practices so that English learner students are properly assessed and identified shortly after their enrollment, promptly provided with language services if they qualify and have the opportunity to equally benefit from the academic and behavioral supports provided to their peers. The district will also make certain that all teachers are qualified, trained and provided enough support and resources to help English learner students become fluent in English and understand their core-content courses. The district will also provide language translation and interpretation of important school information to parents who are not fluent in English. The Justice Department will oversee the district’s implementation of the settlement agreement over the next four school years.
The department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida jointly investigated under the Equal Educational Opportunities Act of 1974.
The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.
View the letter of findings here.
View the settlement agreement here.
View the agreement summary here.
El Departamento de Justicia llega a un acuerdo con un Distrito Escolar de Florida para proteger los derechos civiles de los estudiantes que están aprendiendo inglésRead the Press Release
El Departamento de Justicia anunció hoy un acuerdo de conciliación con el Distrito Escolar del Condado de Clay en Florida que resuelve los hallazgos del Departamento sobre el programa del distrito para estudiantes que están aprendiendo inglés.
La investigación del Departamento descubrió que el distrito no proporcionó a los estudiantes que están aprendiendo inglés la instrucción lingüística necesaria para dominar el inglés y no proporcionó a los padres que no hablan inglés información escolar importante en un idioma que pudieran entender. Por otra parte, el Departamento también descubrió que los estudiantes que están aprendiendo inglés no podían participar de forma significativa en clases de contenido básico, como matemáticas, ciencias y estudios sociales, y no recibieron los tipos de apoyo académico y conductual individualizado que están disponibles para sus compañeros. Ante estas deficiencias, el distrito no tomó medidas correctivas oportunas para garantizar el acceso igualitario.
«Los estudiantes que están aprendiendo inglés tienen derecho a participar en los trabajos del curso junto a sus compañeros, y las escuelas deben tomar las acciones necesarias para convertir eso en realidad», afirmó la Fiscal General Auxiliar, Kristen Clarke, de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá responsabilizando a las escuelas cuando no cumplen nuestra promesa colectiva de igualdad. El acuerdo ayudará a garantizar que los estudiantes que están aprendiendo inglés en el Condado de Clay, reciban las herramientas necesarias para ser exitosos y esforzarse en el salón de clases. ».
«Los distritos escolares deben proporcionar a los estudiantes de inglés servicios adecuados para superar las barreras lingüísticas», declaró Roger Handberg, el Fiscal Federal para el Distrito Centro de Florida. «Nos complace que el Distrito Escolar del Condado de Clay haya aceptado asumir su obligación de satisfacer las necesidades lingüísticas de sus estudiantes que están aprendiendo inglés para que puedan aprender inglés y participar plenamente en la experiencia educativa del distrito. La igualdad de acceso a las oportunidades educativas es la base de las protecciones de los derechos civiles de nuestros jóvenes y los estudiantes tienen derecho a la igualdad de acceso a pesar de cualquier barrera lingüística que puedan tener».
El distrito cooperó plenamente con la investigación del departamento y, después de recibir los resultados de la investigación, se comprometió a mejorar sus servicios para los estudiantes que están aprendiendo inglés. Como parte del acuerdo de conciliación, el distrito ha acordado revisar sus políticas y mejorar sus servicios para que los estudiantes puedan aprender inglés y participar plenamente en la experiencia educativa del distrito.
En virtud del acuerdo, el distrito modificará sus prácticas para que los estudiantes que están aprendiendo inglés sean evaluados e identificados adecuadamente poco después de su inscripción, para que se les proporcionen servicios lingüísticos de inmediato si califican y para que tengan la oportunidad de beneficiarse por igual de los apoyos académicos y conductuales proporcionados a sus compañeros. Asimismo, el distrito también se asegurará de que todos los maestros estén calificados, capacitados y cuenten con suficientes recursos y apoyo para ayudar a los estudiantes que están aprendiendo inglés a dominar el inglés y comprender sus cursos de contenido básico. El distrito también proporcionará traducción e interpretación del idioma de información escolar importante a los padres que no dominen el inglés. El Departamento de Justicia supervisará la implementación del acuerdo de conciliación por parte del distrito durante los próximos cuatro años escolares.
La División de Derechos Civiles del Departamento y Fiscalía Federal para el Distrito Centro de Florida investigaron conjuntamente en virtud de la ley de Igualdad de Oportunidades Educativas de 1974.
La aplicación de la ley de Igualdad de Oportunidades Educativas de 1974 es una de las principales prioridades de la División de Derechos Civiles. Puede encontrar información adicional sobre la División de Derechos Civiles en su sitio web en www.justice.gov/crt, e información adicional sobre el trabajo de la Sección de Oportunidades Educativas está disponible en www.justice.gov/crt/educational-opportunities-section.
Los miembros del público pueden denunciar posibles violaciones de los derechos civiles en civilrights.justice.gov/report/.
Acuerdo de conciliación.
Resumen del acuerdo.
Depatman Lajistis la Siyen yon Akò avèk yon Distrik Lekòl Florida pou Pwoteje Dwa Sivil Elèv K ap Aprann Anglè yoRead the Press Release
Jodi a, Depatman Lajistis la (Justice Department) te anonse yon akò règleman avèk Distrik Lekòl Konte Clay la (Clay County School District) nan Florida pou rezoud pwoblèm depatman an te jwenn yo nan pwogram distrik la pou elèv k ap apran anglè yo.
Envestigasyon depatman an te jwenn distrik la pa t ofri elèv k ap aprann anglè yo ansèyman lang yo bezwen an pou yo vin fen nan anglè epi li pa t ofri paran ki pa pale anglè yo enfòmasyon enpòtan sou lekòl la nan yon lang yo te ka konprann. Depatman an te konkli tou elèv k ap aprann anglè yo pa t ka patisipe yon fason valab nan kou matyè debaz yo, tankou matematik, syans ak syans sosyal, epi yo pa t resevwa sipò endividyalize pou etid ak pou konpòtman ki disponib pou lòt elèv yo. Devan defo sa yo, distrik la pa t pran mezi koreksyon rapid pou garanti aksè egal ego.
“Elèv k ap aprann anglè yo gen dwa pou yo patisipe nan kou yo ansanm ak lòt elèv yo, epi lekòl yo dwe pran mezi ki nesesè yo pou fè dwa sa a vin yon reyalite,” Pwokirè Jeneral Adjwen an Kristen Clarke, ki nan Divizyon Dwa Sivil (Civil Rights Division) Depatman Lajistis la, te deklare. “Depatman Lajistis la pral kontinye fè lekòl yo rann kont lè yo pa respekte pwomès kolektif nou an sou zafè egalite. Akò sa a pral ede garanti pou elèv k ap aprann anglè yo nan Konte Clay resevwa zouti ki nesesè yo pou fè tout efò yo kapab epi reyisi nan saldeklas la.”
“Distrik lekòl yo dwe ofri elèv k ap aprann anglè yo sèvis ki apwopriye pou simonte baryè lang yo,” Avoka Etazini an, Roger Handberg, te deklare pou Distrik Santral Florida a. “Sa fè nou plezi dèske Distrik Lekòl Konte Clay la dakò aksepte obligasyon li genyen an pou li reponn bezwen nan lang moun k ap aprann anglè li yo yon fason pou elèv yo ka aprann anglè epi patisipe konplètman nan eksperyans edikatif distrik la. Aksè egal a opòtinite edikatif yo se yon bagay ki nan kè pwoteksyon dwa sivil yo pou lajenès nou an epi elèv yo gen dwa a aksè egal malgre baryè lang yo ta ka genyen.”
Distrik la te kopere nèt avèk envestigasyon depatman an epi, lè li te fin resevwa rezilta envestigasyon an, li te pran angajman amelyore sèvis li yo pou elèv k ap aprann anglè yo. Nan kad akò règleman an, distrik la te dakò revize politik li yo ak amelyore sèvis li yo pou elèv yo ka aprann anglè epi patisipe nèt nan eksperyans edikatif distrik la.
Selon akò a, distrik la pral modifye pratik li yo pou yo ka evalye elèv k ap aprann anglè yo kòmsadwa epi idantifye yo touswit apre enskripsyon yo, epi ofri yo rapidman sèvis nan lang si yo kalifye pou yo ka gen chans benefisye yon fason egal ego sipò pou etid ak pou konpòtman yo ofri lòt elèv yo. Distrik la pral pran dispozisyon tou pou tout pwofesè yo ka kalifye, fòme epi resevwa kont sipò ak resous pou yo ede elèv k ap aprann anglè yo vin fen nan anglè epi vin konprann kou matyè debaz yo. Distrik la pral ofri tou tradiksyon ak entèpretasyon lang pou enfòmasyon lekòl enpòtan yo pou paran ki pa pale anglè kouraman. Depatman Lajistis la pral sipèvize jan distrik la aplike akò règleman an pandan pwochen kat ane lekòl yo.
Divizyon Dwa Sivil depatman an ak Biwo Pwokirè Etazini an pou Distrik Santral Florida a te mennen envestigasyon an nan tèt ansanm selon Lwa sou Chans Egal nan Zafè Edikasyon (Equal Educational Opportunities Act) 1974 la.
Aplikasyon Lwa sou Chans Egal nan Zafè Edikasyon 1974 la se yon priyorite prensipal pou Divizyon Dwa Sivil la. W ap jwenn plis enfòmasyon sou Divizyon Dwa Sivil la sou sit entènèt li an nan www.justice.gov/crt, epi w ap jwenn plis enfòmasyon sou travay Seksyon Opòtinite Edikatif la (Educational Opportunities Section) nan www.justice.gov/crt/educational-opportunities-section.
Manm piblik la gen dwa rapòte vyolasyon posib dwa sivil nan civilrights.justice.gov/report/.
Akò Règleman.
Rezime Akò Règleman.
Tampa Pain Management Physician Edward Lubin Agrees to Pay $1.5 Million to Settle False Claims Act Liability for Receiving Bribes and Writing Unnecessary Fentanyl PrescriptionsRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that pain management physician Edward Lubin has agreed to pay the United States $1.5 million to resolve allegations that he violated the False Claims Act (FCA) by causing the submission of claims for fentanyl prescriptions that were written in exchange for kickback payments and that were medically unnecessary. The agreement resolves the United States’ claims against Dr. Lubin under the FCA. The claims resolved by the settlement are allegations only, and there has been no admission or determination of liability.
The allegations in the complaint and the conduct covered by the settlement agreement relate to the submission of claims for a fentanyl-spray medication known as Subsys, which was manufactured by Insys Therapeutics, Inc. (Insys). According to the complaint, the United States alleges that Dr. Lubin knowingly and willfully accepted approximately $159,580 in kickback payments from Insys in return for prescribing Subsys. The settlement figure is almost 10 times the amount that Dr. Lubin received in kickbacks.
The United States alleges that once Dr. Lubin became involved with Insys, he immediately began prescribing Subsys in exchange for kickbacks and regardless of medical necessity. The United States contends that the kickbacks paid to Dr. Lubin were disguised as payment for speaking at sham “events” that lasted a few minutes, never occurred, or had repeat attendees despite the lack of any reason to present the same information multiple times to the same individuals. According to court documents filed by the United States, Dr. Lubin allegedly caused more than 400 false claims for Subsys to be submitted to the Medicare and TRICARE programs, in violation of the federal Anti-Kickback Statute (AKS) and the FCA, which paid in excess of $4 million for these claims.
In 2019, Insys was prosecuted under a criminal information filed in the District of Massachusetts in a case captioned United States v. Insys Therapeutics, Inc., Case No. 1:19-cr-10191-RWZ. Pursuant to the terms of a deferred prosecution agreement, Insys’s wholly owned subsidiary, Insys Pharma, Inc., pleaded guilty to five counts of mail fraud in connection with a scheme to defraud patients and insurers, including Medicare. In its deferred prosecution agreement, Insys admitted that bribes paid to medical practitioners through its speaker program were used to induce practitioners to write increasing amounts of medically unnecessary Subsys prescriptions in exchange for the payment of speaker fees. To date, in addition to the company, at least fifteen doctors, seven former Insys executives, and seven former Insys sales representatives have been criminally convicted for their roles in Insys’s sham speaker program.
“The United States will not be thwarted in its efforts to hold doctors like Dr. Lubin accountable for issuing medically unnecessary prescriptions tainted by kickbacks,” said U.S. Attorney for the Middle District of Florida Roger B. Handberg. “We thank our skilled law enforcement partners for their determined efforts to investigate this important case and to make Dr. Lubin face responsibility for his unlawful actions.”
“Providers who defraud federal health care programs deplete the Medicare trust fund, potentially negatively impacting their patients and all Medicare program participants,” said Stephen Mahmood, Acting Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to protecting the integrity of the Medicare program and the people it serves. We will continue to investigate alleged health care fraud schemes, including those involving kickback payments and fraudulent claims in violation of the False Claims Act.”
“The Defense Health Agency is incredibly grateful for the willingness and time spent by the government to take this matter to court, which resulted in settlement terms highly favorable to the government and, by extension, to our agency,” said Lieutenant General Telita Crosland, Director of the Defense Health Agency (DHA) of the United States Department of Defense. “The efforts of the Department of Justice in cooperation with the DHA in FCA actions are noteworthy and allow our agency to recoup improperly claimed funds for the benefit of TRICARE beneficiaries.”
The FCA imposes liability on any person or entity that submits, or causes the submission, of false claims for payment to federal payors. Among other grounds, falsity under the FCA may be established based on claims tainted by kickback payments due to violations of the AKS, as well as claims submitted for medically unnecessary goods or services. The United States’ settlement of this matter illustrates its continued efforts to combat health care fraud using one of its most powerful civil enforcement tools, the FCA. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The resolution obtained in this case was the result of a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, the U.S. Department of Health and Human Services’ Office of Inspector General, and the Defense Criminal Investigative Service, the criminal investigative arm of the U.S. Department of Defense’s Office of Inspector General. The FCA case was litigated by Assistant United States Attorneys Jeremy R. Bloor, Kelley Howard-Allen, and Soma Nwokolo. Assistant United States Attorney Christopher Emden litigated Dr. Lubin’s bankruptcy case for the United States.
The settlement agreement, which Dr. Lubin’s counsel filed in bankruptcy court today pursuant to a bankruptcy petition previously filed by Dr. Lubin, is available below.
Pursuant to the terms of the settlement, the bankruptcy court has final approval over the settlement agreement. The FCA case against Dr. Lubin is captioned United States v. Lubin, Case No.8:21-cv-2231.
Download Settlement Agreement