Middle District of Florida

Tampa, Florida – U.S. District Judge Mary Scriven today sentenced Emrah Kuc (27, St. Petersburg) to 15 years in federal prison for production, distribution, receipt, and possession of child sexual abuse material, to be followed by 10 years of supervised release, and a requirement to register as a sex offender. The court also ordered Kuc to forfeit a MacBook Pro and four iPhones, which were used in the commission of the offense. The court reserved ruling on the issue of restitution. Kuc had pleaded guilty on December 12, 2022. 

According to court documents, after a cyber tip was reported to the National Center for Missing and Exploited Children (NCMEC), law enforcement investigated Kuc’s online activities and recovered multiple electronic devices from Kuc’s residence. A search of those devices revealed images and videos of children being sexually abused. Law enforcement discovered that Kuc was receiving and sharing videos and images of child sexual abuse on various social media applications and had also produced a video of child sexual abuse material with a toddler.

“This sentence demonstrates the unwavering dedication and commitment of HSI special agents who are working tirelessly to protect our most vulnerable,” said HSI Tampa Assistant Special Agent in Charge Kristopher Pagitt. “Our message is clear. HSI will work tirelessly with our law enforcement partners and the United States Attorney’s Office to bring to justice those who prey upon children.”

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

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

Tampa, FL - United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging Erik Barner (44, St. Petersburg) with one count of possession of a controlled substance with intent to distribute. If convicted, Barner faces up to 20 years in federal prison.

According to the complaint, on February 22, March 1, and March 10, 2023, Barner sold a total amount of 63 grams of crack cocaine to a confidential informant working with the St. Petersburg Police Department. The complaint further alleges that Barner has prior convictions for trafficking in cocaine and possession of cocaine with intent to distribute.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Samantha Newman.

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.          

Tampa, Florida – United States Attorney Roger B. Handberg announces that Shawn Lanier Lowman, Jr. (23, Tampa) today pleaded guilty to possessing a firearm as a convicted felon. Lowman faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.

According to court documents, at approximately 11:00 p.m. on November 1, 2022, Lowman was a passenger in a black BMW 328i sedan that fled after officers from the Tampa Police Department (TPD) had attempted to conduct a traffic stop near the intersection of East Sligh Avenue and North Central Avenue, in the Old Seminole Heights neighborhood of Tampa. A short time later, TPD officers located the same black sedan in the Sulphur Springs neighborhood of Tampa, near the intersection of North Klondyke Street and East Bird Street. The car was eventually parked on the side of the road, and three occupants, including Lowman, exited the vehicle.

Two TPD officers attempted to make contact with Lowman, but Lowman fled on foot through the neighborhood evading the officers. A TPD Air Service helicopter positioned above Sulphur Springs used a Forward Looking InfraRed (“FLIR”) camera to track Lowman as he fled through the neighborhood and into the backyard of a residence where he hid in a shed. The helicopter’s FLIR camera was able to see the thermal signature of Lowman inside the shed. TPD officers converged on the shed and arrested Lowman. Inside the shed, the officers located 10.9 grams of bagged cocaine. During a search of Lowman, officers recovered three pills which tested positive for oxycodone. The officers then retraced Lowman’s path and found a backpack containing two loaded firearms: (1) a Glock 9mm pistol; and (2) a Smith & Wesson Model 659 9mm pistol (loaded with 14 rounds of ammunition, including one in the chamber). The backpack also contained a digital scale, an extended magazine (11 rounds) and a black ski mask. Latent fingerprints belonging to Lowman were located on the slide of the Glock pistol and two of Lowman’s latent fingerprints were found on the magazine of the 9mm Smith & Wesson pistol. In an interview with officers following his arrest, Lowman admitted that the fingerprints found on the firearms belonged to him and that he had possessed the firearms.    

Lowman had previously served approximately six years in state prison for armed carjacking with a deadly weapon and armed burglary in July 2017. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being 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.

Tampa, FL – U.S. District Judge William F. Jung has sentenced Kemi Lim-Tom (38, Tampa) to eight years and four months in federal prison for bank fraud, tax fraud, credit card fraud, and aggravated identity theft. Lim-Tom was ordered to pay $345,943.49 in restitution. She had pleaded guilty on July 26, 2022.

According to court documents, in February 2018, pursuant to a search warrant, officers from the Tampa Police Department found Lim-Tom and her coconspirator, Sonya Seago, in possession of more than 1,500 individuals’ stolen personal identifying information. Subsequent investigation revealed that Lim-Tom used these identities to commit bank fraud, tax fraud, and credit card fraud.

According to court documents and evidence presented at the sentencing hearing, between 2012 and February 2018, Lim-Tom orchestrated a scheme to defraud financial institutions by manufacturing counterfeit checks with fraudulent company names and bank account numbers belonging to victim businesses and then cashing these checks for profit. Lim-Tom recruited and paid others to receive some of these checks and provide her with the proceeds. The face value of the fraudulent checks involved in the scheme was more than $600,000.

Between March 2013 and July 2014, Lim-Tom committed tax fraud by using stolen identities to obtain tax refunds from the Internal Revenue Service. Lim-Tom obtained four fraudulent tax refunds totaling more than $27,000 and attempted to obtain an additional 56 refunds totaling more than $300,000.

Between January 2015 and February 2018, Lim-Tom and Seago used stolen personal identifying information to obtain fraudulent credit cards, which they used to make more than $215,000 in purchases.

On February 15, 2023, Sonya Seago (50, Tampa) was sentenced to 32 months in federal prison for her role in the fraud offenses.

“Greed is a strong motivator for illegal activity and these sentencings demonstrate our commitment to hold criminals accountable for their corrupt behavior,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker. “These individuals demonstrated a blatant disregard for the United States tax system and caused immeasurable damage to innocent victims. IRS Criminal Investigation, along with our partners at the United States Secret Service, the Tampa Police Department, and the U.S. Attorney’s Office, remains committed to the pursuit of identity theft and other related crimes.”

This case was investigated by IRS-Criminal Investigation, the United States Secret Service, and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Jennifer L. Peresie and John Cannizzaro.

Tampa, FL - United States Attorney Roger B. Handberg announces that Dartis Cobb (35, St. Petersburg) has pleaded guilty to possession of ammunition by a convicted felon. Cobb faces up to 15 years in federal prison. He has agreed to forfeit the ammunition traceable to the offense. A sentencing date has not yet been set.

According to court documents, on August 13, 2022, Cobb was pulled over during a traffic stop. During a search of Cobb’s vehicle, a firearm and ammunition were located. As a previously convicted felon, Cobb is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.

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

Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Jojuan Lindsey (27, St. Petersburg) with one count of possession of a firearm and ammunition by a convicted felon. If convicted, Lindsey faces up to 15 years in federal prison.

According to the indictment, on December 27, 2022, Lindsey possessed a Glock model 42 semiautomatic pistol and six rounds of Hornady 38 Auto ammunition. Lindsey has previously been convicted of six felonies, including battery of a law enforcement officer; burglary; fleeing or eluding a law enforcement officer; and three separate convictions for sale or delivery of heroin. As a previously convicted felon, Lindsey 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 St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.

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

Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Jacquelyn DeVito (40, Brandon) to 24 months in federal prison for unlawful drug distribution and for acquiring a controlled substance by misrepresentation. DeVito also relinquished her Nurse Practitioner and Advanced Registered Nurse Practitioner licenses to the State of Florida Board of Nursing and agreed never to reapply for a Drug Enforcement Administration registration number. DeVito had pleaded guilty on December 9, 2022.

According to court documents, between March 2020 and June 2022, DeVito worked as nurse at an urgent care medical office. During this employment, she offered patients separate home health services through her privately-owned company, Bee Home Medical LLC. DeVito used Bee Home Medical patients’ names and dates of birth to prescribe oxycodone, a Schedule II controlled substance, without their knowledge or consent and issued those prescriptions to local retail pharmacies. When the prescriptions were filled and ready to be picked up, DeVito went to the pharmacies and acquired the controlled substances by falsely stating that she was the victim patients’ caregiver and was picking up the controlled substances on their behalf. In this manner, DeVito prescribed and acquired more than 2,900 oxycodone pills. Many of the victim patients had no knowledge that DeVito had issued the prescriptions in their names and confirmed that there was no legitimate need for them to receive the medication.

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

Note: View a copy of the settlement agreement here.

Orlando, FL – Florida companies Kingwood Orlando Reunion Resort LLC (Orlando Reunion) and Kingwood Crystal River Resort Corp. (Crystal River) have agreed to settle allegations that they violated the False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) by knowingly providing false information in support of a Paycheck Protection Program (PPP) loan forgiveness application submitted by Crystal River.

Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide emergency loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The CARES Act authorized these businesses to seek forgiveness of the loans if they spent the loan funds on eligible expenses, such as payroll. When applying for forgiveness of PPP loans, borrowers were required to certify the truthfulness and accuracy of all information provided in their applications. A PPP recipient seeking loan forgiveness based on the payment of wages was only entitled to forgiveness for the amount of wages actually paid to its employees during the designated period.

Here, Orlando Reunion and Crystal River, which are related but operate separate resorts, both received separate PPP loans. The United States alleged that Crystal River sought forgiveness of its PPP loan, in-part, by certifying that it used a portion of its PPP loan to pay wages of Crystal River employees, when in fact, some of the employees to whom it claimed to have paid wages were actually Orlando Reunion employees whom Crystal River did not employ or pay. As a part of the settlement announced today, Crystal River and Orlando Reunion agreed to pay $271,720 in damages and penalties under the FCA and $53,280 in civil penalties under FIRREA. 

“PPP loans were intended to help small businesses retain employees and keep their doors open during the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable those who knowingly and improperly sought PPP loans or forgiveness of those loans.”

“A primary mission of the United States Attorney’s Office is protecting government programs from fraud,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We will continue to hold accountable those who abuse the CARES Act and PPP Program at the expense of the taxpayers.”

“This settlement demonstrates that attempts to wrongfully obtain loan forgiveness will not go unnoticed, and violators will be identified,” said Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration Office of the Inspector General (SBA OIG) Eastern Region. “I want to thank the Department of Justice and our law enforcement partners for their support and dedication to pursuing justice in this case.”

The settlement resolved a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit was filed by the former Director of Human Resources for Kingwood resorts and is captioned U.S. ex rel. Falzarano v. Kingwood International Resort, LLC, et al., Dkt. No. 6:20-cv-976-ORL-37EJK (M.D. Fla.). The whistleblower will receive a total of approximately $46,000 in connection with the settlement.  

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the SBA’s Office of General Counsel and the SBA OIG.

This matter was handled by Trial Attorney Jared S. Wiesner of the Civil Division and Assistant U.S. Attorney Jeremy R. Bloor for the Middle District of Florida.

On May 17, 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, among other methods, 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. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced James Mirabal (46, St. Cloud) to 15 years in federal prison for conspiracy to distribute cocaine. The court also ordered Mirabal to forfeit $124,598, traceable proceeds of the offense. Mirabal had pleaded guilty on December 27, 2022. Mirabal’s two conspirators, Johnathan Beharry and Vilnarie Figueroa Matos, previously pleaded guilty. Beharry was sentenced to 9 years in federal prison on February 14, 2023. Figueroa Matos is scheduled to be sentenced on April 17, 2023.  

According to court documents, Mirabal conspired with numerous others to distribute kilograms of cocaine. During the investigation, Mirabal had discussed, among other things, a seizure of 50 kilograms of cocaine in April 2022, as he arranged for the delivery of 20 kilograms of cocaine to Beharry. The drugs were later seized during Beharry’s arrest on October 17, 2022. Mirabal routinely discarded cellphones and, when arrested on October 31, 2022, was found in possession of 24 cellphones and $124,598 in currency.

This case was investigated by the Drug Enforcement Administration, with assistance from Homeland Security Investigations (HSI), the U.S. Postal Inspection Service, the U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Highway Patrol, the Winter Garden Police Department, the Orange County Sheriff’s Office, the Kissimmee Police Department, the Winter Park Police Department, the Clermont Police Department, the Orlando Police Department, the Apopka Police Department, the Ocoee Police Department, the Osceola County Sheriff’s Office, and the Seminole County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

Operation Titan Fall is a multi-agency Organize Crime Drug Enforcement Task Force (OCEDTF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Ocala, Florida –Senior United States District Judge John Antoon II has sentenced Eddie Joe Oglesby, Jr. (52, Fort McCoy) to 80 years in federal prison for two counts of production of child sex abuse material and one count of receipt of sex abuse material. A federal jury previously found Oglesby guilty on October 14, 2022. He had been charged in a superseding indictment on September 13, 2022.

According to testimony and evidence presented at trial, Oglesby created an elaborate false identity which he used to impersonate a federal agent. He then used this false identity to coerce underaged female victims to produce and send him child sex abuse material over the internet. Posing as the false agent, Oglesby threatened to have the victims arrested, imprisoned, institutionalized, or killed if they did not comply with his demands.

During a search of Oglesby’s Marion County residence by FBI agents on September 27, 2021, they found him with an underaged female runaway. A search of Oglesby’s cellular phone showed him logged into multiple social media applications under both his real and false identities. Agents ultimately found 473 pages of electronic communications between Oglesby and one of his victims on that cellular phone.

“This case exemplifies the commitment of the FBI and our law enforcement partners to identify and locate abusers who prey on our children,” said Special Agent in Charge Sherri E. Onks for the Jacksonville Division. “The crimes committed by this predator are inexcusable and we will stop at nothing to thwart criminals like him from taking advantage of innocent youth.”   

This case was investigated by the Federal Bureau of Investigation, the Marion County Sheriff’s Office, the Weatherford (Texas) Police Department, and the Cobb County (Georgia) Sheriff’s Office. It was prosecuted by Assistant United States Attorneys William S. Hamilton and Hannah J. Nowalk.

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

Tampa, Florida – United States Attorney Roger B. Handberg announces the arrest of Perry Ivory Wims (37, Tampa) on a criminal complaint charging possession with intent to distribute a controlled substance. Wims was arrested on March 9, 2023 and ordered detained pending the outcome of his case.

According to the complaint, the Tampa Police Department (TPD) learned that Wims was selling fentanyl out of his room at the Garden View Motel located at 2500 East Busch Boulevard in Tampa. Based on that information, TPD obtained a warrant authorizing the search of Wims’ motel room. Prior to the execution of the warrant, officers observed Wims exit his motel room with a pistol tucked in the waistband of his shorts. Additionally, TPD learned that Wims had a verbal altercation with unknown individuals shortly before the execution of the warrant, during which Wims pointed a gun at people with whom he was arguing.

During the execution of the search warrant, officers located approximately 283 grams of a substance that field-tested positive for fentanyl, a loaded Ruger 9mm pistol, a Zaviar Arms AR-style pistol, $3,705 in cash, and other suspected narcotics. 

Wims previously received a 15-year sentence in federal court for possessing a firearm as a convicted felon. He completed serving that sentence on December 21, 2022. 

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 Tampa Police Department and the Drug Enforcement Administration. It will be prosecuted by Assistant United States Attorney David P. Sullivan.

Tampa, Florida–United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Francisco Cabrera (28, Dover) with armed robbery, armed carjacking, and attempting to murder federal agents. If convicted on all counts, Cabrera faces a mandatory minimum sentence of 28 years, up to life, in federal prison.

According to the indictment, between January 13 and 17, 2022, Cabrera robbed two Smoke Shops and one gas station in the Tampa Bay area. During each robbery, Cabrera showed victims a loaded magazine, inserted it into his pistol, and pointed the gun at the victims. On January 19, 2022, Cabrera approached a victim at a gas station and carjacked him at gunpoint. The same day, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents and Lakeland Police Department officers found Cabrera and attempted to conduct a traffic stop. Cabrera fled at speeds exceeding 100 miles per hour in heavy midday traffic, including on Interstate 4. While fleeing, Cabrera fired multiple shots from his driver side window at the agents and officers pursuing him. ATF agents returned fire, striking Cabrera, which ended the pursuit. No other individuals were struck by the gunfire.

Cabrera has been charged separately by the State Attorney’s Office (10th Judicial Circuit) with attempted murder of local law enforcement officers.

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 and the Lakeland Police Department. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.

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

Tampa, FL –United States Attorney Roger B. Handberg announces that a federal jury has found Dempsey Gilmore (32, Tampa) guilty of conspiracy to distribute methamphetamine and marijuana, possession with intent to distribute methamphetamine and marijuana, carrying a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a convicted felon. He faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for May 24, 2023. Gilmore had been charged in a superseding indictment on January 11, 2023.

According to evidence and testimony presented at trial, on February 9, 2022, a Tampa Police Department (TPD) officer observed a red Dodge Charger fail to stop for a stop sign and attempted a traffic stop, but the vehicle fled at speeds of over 100 miles per hour. A TPD Air Support Unit tracked and recorded the vehicle as it fled from the police, ultimately stopping near a residence, where the driver and passenger got out, scaled a fence, and ran into a house. During the flight, the air unit recorded the vehicle temporarily stopping and its occupants throwing items from the car. TPD Officers arrived at that location and, along the side of the road, found a bag containing almost 200 grams of 100% pure methamphetamine, a zip-top bag labeled “Dempsey,” and a fully loaded firearm. They also found a box with bags of marijuana and a digital scale nearby.

After obtaining a search warrant for the house which the suspects had entered, officers ordered the occupants to exit the house. Several individuals immediately complied, but Gilmore and another man initially remained inside the house, ultimately coming out. Officers found a security video from the house showing Gilmore and the other man running into the residence and located more marijuana inside the Dodge Charger that had been abandoned near the residence. A fingerprint recovered from the vehicle matched that of Gilmore.

Gilmore was previously convicted of multiple felonies, including being a felon in possession of a firearm and escape. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.

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

Tampa, Florida - U.S. District Judge Steven D. Merryday today sentenced Terrel Lewis (26, Largo) to 3 years and 10 months in federal prison for possession with intent to distribute cocaine. Lewis had pleaded guilty on December 21, 2022.

According to court documents, in 2021, the Clearwater Police Department and the Drug Enforcement Administration received information that Lewis was distributing cocaine in Clearwater. On August 24, 2021, Lewis met with a confidential source (CS) and delivered a brown paper bag containing 250.75 grams of cocaine. On March 9, 2022, Lewis met again with the CS and delivered 248.97 grams of cocaine to the CS in a plastic bag. In total, Lewis distributed 499.72 grams of cocaine in both transactions. 

This case was investigated by the Clearwater Police Department and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Maria Guzman.

Tampa, FL – U.S. District Judge William Jung has sentenced Elvin Marks to 41 months in federal prison for mail fraud and fraudulent claims to an agency of the United States government. As part of his sentence, the court also entered an order of forfeiture in the amount of $606,309.35, the proceeds of the charged criminal conduct. Marks had pleaded guilty on November 1, 2022.

According to court documents, beginning in January 2016, and continuing through December 2018, Marks devised a scheme to defraud the Internal Revenue Service (IRS) to obtain money using the United States Postal Service (USPS). To accomplish the fraudulent scheme, Marks prepared IRS Tax Forms 1040 and/or 1040X that included fraudulent information concerning wages, earnings, and deductions to obtain tax refunds for himself or others, which he was not entitled to, and were mailed through the USPS to the IRS. These fraudulent tax forms caused the IRS to issue refunds that Marks received in the Middle District of Florida.

For instance, on December 20, 2016, Marks knowingly made and sent to the IRS a falsified IRS Tax Form 1040X for calendar year 2015, claiming a tax refund for $99,960 in the name of another person, which the IRS rejected. In addition, Marks knowingly made and sent to the IRS a falsified IRS Tax Form 1040 for calendar year 2017 in his own name requesting a refund of $4,606,144. The IRS subsequently mailed Marks’ tax refund to a residence in the Middle District of Florida, which he later obtained. The IRS recovered $3,994,611.85 from the Marks, resulting in a loss of $606,309.35. 

“With filing season underway, the financial penalties and significant prison term handed down against Mr. Marks is a timely reminder of the importance of ensuring your tax return is an honest account of your income and tax obligations.  This sentencing should also put unscrupulous preparers on notice about the consequences that await those who do not play by the rules,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker.

This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorneys Greg Pizzo and Maria Guzman.

Orlando, Florida – U.S. District Judge Roy B. Dalton Jr. has sentenced Carlos Roman (57, Orlando) to 40 years in federal prison for possession of cocaine and possession of a firearm equipped with a silencer in furtherance of drug trafficking. Judge Dalton also sentenced three individuals who conspired with Roman to distribute fentanyl and cocaine: James Richard Howell (37, Silver Springs) to 57 months; Kenneth Angel Vera (31, Orlando) to 27 months; and Joely Manuel Burgos (39, Orlando) to 51 months. Roman and Vera had pleaded guilty on December 6, 2022. Howell and Burgos had pleaded guilty on December 5, 2022, and December 28, 2022, respectively.

According to court documents, Roman supplied cocaine and fentanyl to Howell, Burgos, and Vera for resale and regularly communicated with each of them on a cellular telephone that was monitored by law enforcement pursuant to court-ordered authorization. On August 9, 2022, Roman was arrested at his home with 19 firearms, 6 silencers, 3 flash-bang grenades, and thousands of rounds of ammunition. See related press release: https://www.justice.gov/usao-mdfl/pr/members-drug-trafficking-conspiracy-plead-guilty-drug-and-gun-charges-operation-titan

“Illicit fentanyl is highly addictive and incredibly destructive. The individuals who bring this poison into our communities must be held accountable for their actions,” said DEA Special Agent in Charge Deanne L. Reuter. “The success of this investigation is a direct result of the hard work and dedication of these investigators as well as the cooperation and collaboration between DEA and our local, state, and federal law enforcement partners. DEA remains committed to these partnerships to continue to keep our communities safe and healthy.”

This case was investigated by the Drug Enforcement Administration, with assistance from Homeland Security Investigations (HSI), the U.S. Postal Inspection Service, the U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Highway Patrol, the Winter Garden Police Department, the Orange County Sheriff’s Office, the Kissimmee Police Department, the Winter Park Police Department, the Clermont Police Department, the Orlando Police Department, the Apopka Police Department, the Ocoee Police Department, the Osceola County Sheriff’s Office, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Dana E. Hill.

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

Tampa, FL –United States Attorney Roger B. Handberg announces the arrests of Yuendry Rodriguez Hilario (28, Cleveland, OH) and Saleh Yusuf Saleh (24, Cleveland, OH) on a criminal complaint charging conspiracy to transfer firearms to commit a felony and/or drug trafficking crime; possession of firearms in furtherance of drug trafficking, illegal transfer of firearms, unlicensed firearm dealing, and conspiracy to violate federal gun laws. If convicted on all counts, each defendant faces a maximum sentence of life imprisonment. The defendants were arrested in Cleveland, Ohio on March 2, 2023, and both were recently ordered detained pending the outcomes of their cases.

According to the complaint, since 2021 undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), posing as Mexican cartel members, were introduced to Rodriguez Hilario as a trafficker of firearms that could be smuggled into Mexico. Undercover communications with Rodriguez Hilario and others discussed the purchase of AR-15s and rocket-propelled grenade launchers. One of the coconspirators described that he sold AR-15s and AK-47s to El Salvadorans and had cocaine available for distribution. Rodriguez Hilario further offered fentanyl to one of the agents to make pills.

Beginning in late-2021, members of the conspiracy sold or arranged for the sale of at least 90 rifles and one Mac-10-type machine gun with a silencer to undercover agents in the Middle District of Florida and Cleveland. In November 2022, an undercover agent told Rodriguez Hilario that his associates in Mexico were “battling and losing” and needed to purchase more firearms. On March 2, 2023, Rodriguez Hilario arranged to deliver 40 AM-15 multi-caliber firearms to the agents. Saleh, who acquired and assembled the parts to make the firearms, arrived at the meeting with Rodriguez Hilario and the agents. After an undercover agent inspected one of the boxes of firearms, both Rodriguez Hilario and Saleh were arrested. In post-arrest interviews with agents, both admitted to trafficking firearms.

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 Bureau of Alcohol, Tobacco, Firearms and Explosives in collaboration with the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The Cleveland Division of Police, the Ohio State Highway Patrol, the Ohio Adult Parole Authority, and the Great Lakes Air and Marine Branch of U.S. Customs and Border Protection also provided assistance. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF. It is being prosecuted by Dan Baeza.

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Dallas Robinson, Jr. (22, Tampa) to six years and six months in federal prison for possessing a firearm as a convicted felon. Robinson had pleaded guilty on December 14, 2022. 

According to court documents, on December 26, 2021, in the Rivergrove neighborhood of Tampa, near the intersection of East Sligh Avenue and Rowlett Park Drive, Robinson was traveling as a passenger in a stolen vehicle being driven by another convicted felon. Both men were armed with fully loaded, semi-automatic pistols. Police officers followed the stolen vehicle until Robinson and the driver exited the vehicle. When ordered to stop, both men fled the stolen vehicle on foot, leaving behind their fully loaded pistols. During a search of the vehicle, officers recovered a loaded black SCCY CPX-1 9mm pistol on the driver’s seat, and a loaded black Springfield XDS (HS Produkt) .45 caliber pistol in the passenger side footwell. Latent fingerprints were lifted from the .45 caliber pistol and analyzed by a fingerprint examiner. One latent fingerprint was a match for Robinson. Additionally, officers recovered Robinson’s wallet and Florida identification card that had been left on the passenger seat near the pistol bearing Robinson’s latent print. Robinson and the driver were subsequently arrested.

At the time of the incident, Robinson had recently served 30 months in federal prison for convictions under the National Firearms Act in a prior federal criminal case and had been released 4 months prior to his arrest in this case.

This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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.     

Orlando, FL – Jelly Bean Communications Design LLC (Jelly Bean) and Jeremy Spinks have agreed to pay $293,771 to resolve False Claims Act allegations that they failed to secure personal information on a federally funded Florida children’s health insurance website, which Jelly Bean created, hosted, and maintained.

“Government contractors responsible for handling personal information must ensure that such information is appropriately protected,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will use the False Claims Act to hold accountable companies and their management when they knowingly fail to comply with their cybersecurity obligations and put sensitive information at risk.”

The Florida Healthy Kids Corporation (FHKC) is a state-created entity that offers health and dental insurance for Florida children ages five through 18. FHKC receives federal Medicaid funds as well as state funds to provide children’s health insurance programs. On Oct. 31, 2013, FHKC contracted with Jelly Bean for “website design, programming and hosting services.” The agreement required that Jelly Bean provide a fully functional hosting environment that complied with the protections for personal information imposed by the Health Insurance Portability and Accountability Act of 1996, and Jelly Bean agreed to adapt, modify, and create the necessary code on the webserver to support the secure communication of data. Jeremy Spinks, the company’s manager, 50% owner, and sole employee, signed the agreement. Under its contracts with FHKC, between 2013 and 2020, Jelly Bean created, hosted, and maintained the website HealthyKids.org for FHKC, including the online application into which parents and others entered data to apply for state Medicaid insurance coverage for children.

The settlement announced today resolves allegations that from January 1, 2014, through Dec. 14, 2020, contrary to its representations in agreements and invoices, Jelly Bean did not provide secure hosting of applicants’ personal information and instead knowingly failed to properly maintain, patch, and update the software systems underlying HealthyKids.org and its related websites, leaving the site and the data Jelly Bean collected from applicants vulnerable to attack. In or around early December 2020, more than 500,000 applications submitted on HealthyKids.org were revealed to have been hacked, potentially exposing the applicants’ personal identifying information and other data. The United States alleged that Jelly Bean was running multiple outdated and vulnerable applications, including some software that Jelly Bean had not updated or patched since November 2013. In response to this data breach and Jelly Bean’s cybersecurity failures, FHKC shut down the website’s application portal in December 2020.  

“Safeguarding patients’ medical and other personal information is paramount,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “This settlement demonstrates the commitment by my office and our partners to use every available tool to protect Americans’ health care data.”

“Companies have a fundamental responsibility to protect the personal information of their website users. It is unacceptable for an organization to fail to do the due diligence to keep software applications updated and secure and thereby compromise the data of thousands of children,” said Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our federal and state partners to ensure that enrollees can rely on their health care providers to safeguard their personal information.”

On Oct. 6, 2021, the Deputy Attorney General announced the Department’s Civil Cyber-Fraud Initiative, which aims to hold accountable entities or individuals that put U.S information or systems at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols, or knowingly violating obligations to monitor and report cybersecurity incidents and breaches. Information on how to report cyber fraud can be found here.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S Attorney’s Office for the Middle District of Florida, with assistance from HHS-OIG.

The matter was handled by Trial Attorney Michael Hoffman and Assistant U.S. Attorney Jeremy Bloor.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

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Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Joshua Earrey (44, Jacksonville) has been charged by criminal complaint with being an illegal user of narcotics while possessing firearms. If convicted, Earrey faces a maximum penalty of 15 years in federal prison.

According to the criminal complaint, Earrey unlawfully used a controlled substance and possessed a firearm from between at least as early as November 7, 2022, through December 5, 2022. He has been employed as a Florida Highway Patrol (FHP) Trooper for approximately 22 years and was assigned as a Task Force Officer with the Drug Enforcement Administration (DEA) since June 2020.

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

This case is being investigated by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation, with assistance from United States Customs and Border Protection. It will be prosecuted by Assistant United States Attorney William Hamilton.

The United States Attorney’s Office, the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and United States Customs and Border Protection thank the Florida Highway Patrol and the Drug Enforcement Administration for their cooperation during this investigation.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that James Darrell Hickox (37, Callahan) has been charged by criminal complaint with possession with intent to distribute controlled substances. If convicted, he faces a mandatory minimum penalty of 5 years, up to 40 years, in federal prison.

According to the criminal complaint, Hickox possessed with intent to distribute cocaine, MDMA, and 40 grams or more of fentanyl. He has been employed with the Nassau County Sheriff’s Office for 17 years and formerly served as a Drug Enforcement Administration (DEA) Task Force Officer from March 2014 through September 2022.

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

This case is being investigated by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation, with assistance from United States Customs and Border Protection. It will be prosecuted by Assistant United States Attorney William Hamilton.

The United States Attorney's Office, the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and United States Customs and Border Protection thank the Nassau County Sheriff’s Office and the Drug Enforcement Administration for their cooperation during this investigation.

Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Cedric Durham, Jr. (22, Tampa) to four years in federal prison for possessing a firearm as a convicted felon. Durham had pleaded guilty on November 28, 2022.

According to court documents, on March 6, 2022, a shooting occurred at the Pin Chasers Bowling Arcade in Tampa. Durham was the initial target and after being shot at, returned fire. Law enforcement arrived on scene as individuals were dispersing from the area in fear. Durham was arrested shortly after the shooting, after law enforcement observed him leaving the scene. The vehicle in which Durham was traveling was stopped and a firearm was found in Durham’s possession. The firearm matched the forensic evidence at the scene indicating that Durham had returned fire using 30 rounds of ammunition.

Durham was previously convicted of a felony offense and, therefore, 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 Tampa Police Department. It was prosecuted by Assistant United States Attorney Maria Guzman.

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, 2021m the Department launched a violent crime reduction strategy strengthening PSN based on these core principles fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, FL – Senior U.S. District Judge Virginia M. Hernandez Covington has sentenced seven Mexican and Ecuadorian nationals to federal prison for their roles in a plan to smuggle more than $20 million of cocaine from South America to Central America in a vessel subject to the jurisdiction of the United States. The individuals were sentenced to the following prison terms:

Name Age, Residence Sentence Imposed Luis Alberto Bran-Lopez 43, Oaxaca, Mexico 21 years, 10 months Isaac Enriquez Oyando 34, Chiapas, Mexico 21 years, 10 months Romeo Santos Hernandez 37, Paredon, Mexico 20 years Juan Hernandez 45, Mexicali, Mexico 21 years, 10 months John Dario Macias Agua 34, Ecuador 21 years, 10 months Jaime Velez Arcentales 40, Manabi, Ecuador 21 years, 10 months Eddy Anchundia Velez 32, Jaramillo, Ecuador 21 years, 10 months

 

Bran-Lopez pleaded guilty on April 15, 2022. Enriquez-Oyando, Santos-Hernandez, Macias Agua, Velez Arcentales, and Anchundia Velez were convicted at trial on August 19, 2022. Juan Hernandez pleaded guilty on November 21, 2022.

According to court documents and trial evidence, these individuals were part of a seven-person crew smuggling 760 kilograms of cocaine from South America to Mexico. On January 14, 2021, aerial surveillance spotted a suspicious vessel in international waters more than 200 miles south of Huatulco, Mexico. A law enforcement detachment from the U.S. Coast Guard Cutter Steadfast interdicted the vessel and found the seven crew members in the process of trying to throw bales of cocaine overboard. Evidence was presented that the vessel departed South America and rendezvoused with a boat from Mexico to transport the cocaine to shore. However, the Mexican vessel experienced engine troubles, and all seven conspirators had to travel in the slower South American vessel until the Coast Guard interdicted them.

During the trial, the defendants from Mexico claimed that they were tricked into going on a drug trip and the defendants from Ecuador claimed they were adrift at sea and rescued shortly before the Coast Guard showed up. At trial, the jury heard evidence that investigators learned of a plan that one of the seven coconspirators would plead guilty and then provide false information to law enforcement exonerating the others. Bran-Lopez, who the evidence showed was the captain of the Mexican go-fast vessel that broke down during the smuggling operation, was the designated “fall guy.” He pleaded guilty and then testified for the defense that he tricked his codefendants into thinking they were going on a fishing trip because his family had been kidnapped. While at sea, his coconspirators found Macias Agua, Velez Arcentales, and Anchundia Velez adrift in another vessel. However, the timeline of events in Bran-Lopez’s testimony did not match evidence obtained from searches of cellphones and GPS data showing that he and his coconspirators were at sea days before he claimed the kidnapping happened. Trial evidence also showed that Juan Hernandez had a prior federal trafficking conviction, and at sentencing the court considered evidence of Anchundia Velez having a drug trafficking conviction in Ecuador that is pending appeal.

The Court found that each defendant obstructed justice through the scheme to have Bran-Lopez provide false information at trial. Bran-Lopez, specifically, obstructed justice when he gave false information to agents, and the codefendants obstructed justice when trying to benefit from Bran-Lopez’s trial testimony, knowing that it was false.

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF. The case was prosecuted by Assistant United States Attorneys David Pardo and Dan Baeza.

Ocala, Florida – Senior United States District Judge Gregory A. Presnell has sentenced Ricky Darnell Franklin, Jr. (31, Ocala) to three years and four months in federal prison for possessing a firearm as a convicted felon. The court also ordered the forfeiture of the handgun and ammunition used in the offense. Franklin had pleaded guilty on December 12, 2022.

According to court records, Franklin has four prior state felony convictions, including two convictions for attempted second degree murder with a firearm (2010), shooting at or into an occupied vehicle (2010), and possession of a firearm by a delinquent (2010). On September 30, 2021, officers from the City of Ocala Police Department stopped a vehicle in which Franklin was a passenger and recovered methamphetamine and a loaded handgun from the car. Laboratory testing by the FBI conclusively showed Franklin’s DNA on multiple parts of the loaded firearm, including the trigger. As a convicted felon, Franklin is prohibited from possessing firearms and ammunition under federal law.

This case was investigated by the City of Ocala Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.

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

Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Luis Alberto Villazon (63, Fort White) with wire fraud, theft of government property, making false statements to a federal agency, fraudulent use of a Social Security number, and aggravated identity theft. If convicted, the wire fraud charges each carry a maximum penalty of 20 years in federal prison, theft of government property carries a maximum penalty of 10 years’ imprisonment, the false statements and fraudulent use of a Social Security number charges each carry a maximum penalty of 5 years, and the aggravated identity theft charges each carry a mandatory 2-year sentence, at least one of which must run consecutively to any other sentence. The indictment also notifies Villazon that the United States intends to seek forfeiture of approximately $50,000, the estimated amount of proceeds obtained as a result of the offenses.

According to the indictment and other court documents, in 1998, Villazon, who had previously lived in New York, applied for and obtained a Florida driver license using the name, date of birth, and Social Security number of a person who was born in New York in July 1959, and died in New York in 1976. Villazon was born in August 1959. Villazon renewed the license several times, on one occasion presenting a New York birth certificate and a Social Security document under the false identity. During the same time-period, Villazon obtained and renewed a license in his real name. Both licenses were still valid at the end of 2022.

Beginning in 2011, Villazon applied for and obtained Supplemental Nutrition Assistance Program (SNAP) benefits, formerly called food stamps, under both the false identity and his true identity. The program required Villazon to submit renewal applications about every six months and each time he applied under the false identity, he provided the name, date of birth, and Social Security number of the person who died in 1976. Villazon received benefits totaling $25,388 under the false identity through December 2022 and received benefits under his real name totaling $22,902 through November 2021.

An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by Homeland Security Investigations (HSI), the Department of Agriculture – Office of Inspector General, the Social Security Administration – Office of the Inspector General, and the Columbia County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

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Tampa, Florida – United States Attorney Roger B. Handberg announces that Clinton Justesen (48, Sebring) has pleaded guilty to possessing a firearm as a convicted felon and possessing methamphetamine with the intent to distribute it.  Justesen faces a maximum penalty of 15 years in federal prison for the firearm offense and up to 20 years’ imprisonment for the drug offense. A sentencing date has not yet been set.

According to the plea agreement, on September 9, 2022, deputies from the Sarasota 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 yielded 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. 

The firearms found in Justesen’s truck included a HS Produkt XD9 9mm pistol, a Smith & Wesson M&P 9 Shield 9mm pistol, and an Anderson Manufacturing AM-15 .223/5.56mm caliber rifle with an installed vertical foregrip.

At the time, Justesen had multiple prior felony convictions including vehicular homicide, leaving the scene of a crash with death, armed robbery, and felon in possession of a firearm. As a previously convicted felon, Justesen is prohibited from possessing firearms or ammunition under federal law. Justesen admitted 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 is being 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.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Daniel Stephen King (28, Kissimmee) to 10 years in federal prison for possessing firearms and ammunition as a convicted felon. The court also ordered King to forfeit nine firearms and multiple rounds of ammunition. A federal jury had found King guilty on November 14, 2022.

According to testimony and evidence presented at trial, on April 23, 2022, the Osceola County Sherriff’s Office was called to King’s residence due to a domestic disturbance. When the deputies arrived, a resident of the house frantically ran outside with her four-year old daughter. The deputies were informed that King had a large number of firearms and ammunition in the house and that King had strapped on a bullet proof vest. At the time, King was a convicted felon who was on probation and prohibited from possessing firearms or ammunition. The deputies surrounded the house, and after approximately two hours, they persuaded King to come out and surrender. A warrant was obtained to search the residence and nine firearms were recovered, including three rifles, hundreds of rounds of ammunition, and a ballistic vest. A rifle safe, multiple gun lockboxes, magazines, and an ammunition can were also recovered from inside of the house.

King has a criminal history that includes multiple firearms offenses for which he served prison time, as well as violations of probation.

This case was investigated by the Osceola County Sheriff’s Office, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney John M. Gardella.

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.

           

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Robert Steven Harrelson (45, Arcadia) to 21 years and 10 months in federal prison for possessing with the intent to distribute 50 grams or more of methamphetamine. The court also ordered Harrelson to forfeit a firearm and ammunition possessed during the offense. Harrelson had pleaded guilty on November 30, 2022.

According to court records, on April 28, 2019, deputies from the DeSoto County Sheriff’s Office attempted to conduct a traffic stop on a vehicle driven by Harrelson in the Forest Pines area of Arcadia. Instead of stopping his vehicle, Harrelson accelerated away from deputies until his vehicle became disabled after striking a power pole and a tree. Harrelson then ran from his vehicle before he was apprehended and arrested by pursuing deputies. Inside his vehicle, deputies located several large plastic bags filled with more than 100 grams of crystal methamphetamine and a loaded handgun. At the time of his offense, Harrelson was a previously convicted felon, including having two prior convictions for possessing with intent to distribute methamphetamine.

This case was investigated by the Drug Enforcement Administration and the DeSoto County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Simon R. Eth.

 

Tampa, FL – U.S. District Judge Kathryn Mizelle has sentenced Marques Howard (31, Tampa) to 17 years and 3 months in federal prison for Hobbs Act robbery, conspiracy to commit that robbery, discharging a firearm in furtherance of a crime of violence, and possessing a firearm as a convicted felon. As a part of the sentence, Howard was also ordered to forfeit the firearm and ammunition involved in the offenses. Howard had pleaded guilty on December 5, 2022.

According to court documents, on April 20, 2022, Howard robbed an individual at their residence in the Tampa area. During the robbery, Howard discharged his firearm, shooting the victim in the leg. Howard has a prior conviction for robbery, and as a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture was handled by Assistant United States Attorney Suzanne Nebesky.

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

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Demetrius Haynes (37, Tampa) to 14 years in federal prison for conspiracy to possess with the intent to distribute fentanyl and cocaine, and possession with the intent to distribute fentanyl and cocaine. Because of Haynes’s lengthy criminal history, he was designated a Career Offender for purposes of sentencing. The court also ordered Haynes to forfeit $6,000 received from the sale of a Nissan Maxima which had been used by Haynes to facilitate the drug trafficking conspiracy. The Bureau of Alcohol, Tobacco, Firearms and Explosives had previously administratively forfeited approximately $46,161 that was traceable proceeds of the charged offenses, a Jimenez Arms pistol, and 34 rounds of ammunition. Haynes had pleaded guilty on August 29, 2022.

According to court documents, in January 2021, state and federal law enforcement began an investigation targeting fentanyl distribution in the Tampa area. During that investigation, agents identified Haynes as one of those distributors. As part of the investigation, law enforcement engaged in multiple undercover narcotics transactions with Haynes where they purchased fentanyl and cocaine from him. They made purchases of fentanyl and cocaine directly from Haynes on two occasions in January 2021 and four occasions in February 2021.

On February 12, 2021, the day of the final drug sale and Haynes’s arrest, ATF agents, assisted by the Tampa Police Department, executed a search warrant at Haynes’s residence. During the search, agents seized additional amounts of cocaine and fentanyl, a safe that contained approximately $34,000, a Jimenez Arms .380 caliber firearm, currency totaling approximately $6,850, approximately 30 rounds of ammunition, and an extended magazine.

This case was investigated by ATF and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Shauna S. Hale.

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

Tampa, FL – U.S. District Judge Charlene Edwards Honeywell has sentenced Justin Kelly (36, New Port Richey) to concurrent terms of life in prison for conspiracy to distribute 40 grams of fentanyl resulting in death and distribution of fentanyl resulting in death, and 15 years’ imprisonment for three counts of possession/distribution of fentanyl and possessing a firearm as a convicted felon. A federal jury had found Kelly guilty on November 16, 2022.

According to evidence presented at trial, Kelly was a supplier of fentanyl in Pasco County. He used addicts to sell the drug for him and yielded profits of thousands of dollars per day. In the early hours of November 18, 2020, “E.L.” was found face down in his kitchen by his wife, while his stepchildren were asleep a few feet away. Detectives from the Pasco Sheriff’s Office learned that a dealer named Steven Kinney had supplied the fentanyl. Kinney identified Kelly as his supplier. Search warrants executed at Kelly’s motel room and a storage unit resulted in the seizures of additional fentanyl, cash, kilogram presses, digital scales, and an M&P 15 rifle. Cellphone records corroborated that Kelly was the supplier of the fentanyl that Kinney had distributed to “E.L.” before he died.

Kinney previously pleaded guilty to conspiracy to distribute and possession with the intent to distribute fentanyl. He was sentenced on January 4, 2023, to four years and nine months in federal prison.

This operation is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by the Drug Enforcement Administration and the Pasco Sheriff’s Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Tarpon Springs Police Department. It was prosecuted by Assistant United States Attorneys Lauren Stoia and Dan Baeza. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

 

Fort Myers, Florida – United States Attorney Roger B. Handberg announces that Diane Durbon and Brittany Lukasik, both of Cape Coral, today pleaded guilty to conspiracy to commit wire fraud. Lukasik also pleaded guilty to filing a false tax return. Durbon and Lukasik each face a maximum penalty of 20 years in federal prison for conspiracy to commit wire fraud, and Lukasik also faces a maximum penalty of 3 years’ imprisonment for filing a false tax return. As part of their guilty pleas, Durbon and Lukasik have agreed to forfeit a 2016 Nissan Rogue, 2020 Kia Sorento, real property in Cape Coral, and approximately $542,760.23, which are traceable to proceeds of the offenses.

According to the plea agreement, Durbon and her daughter, Lukasik, a registered nurse, were first hired in approximately 2016 to be caretakers for T.H., the 92-year-old victim. In October 2017, Durbon began unlawfully accessing T.H.’s investment accounts. To unlawfully gain access to the investment accounts, Durbon would place T.H. on the phone to answer various account security questions. Video surveillance cameras that Durbon had installed inside T.H.’s home captured Durbon putting a script that contained answers to account security questions in front of T.H. before and during each phone call.

After being given authorization to speak to the investment account representative on T.H.’s behalf, Durbon would move funds from T.H.’s investment accounts into a Prime Money Market Account (PMMA) that also functioned as a checking account. After transferring the funds, checks were unlawfully issued to Lukasik, ranging in amounts from $1,000 to $9,600, which were deposited into bank accounts that Lukasik controlled and maintained. Between November 2017 and July 2019, approximately $231,659 in checks were issued to Lukasik from T.H.’s PMMA account.

Beginning in approximately November 2018, Durbon also unlawfully gained access to T.H.’s annuity policy, similarly to how she had unlawfully gained access to T.H.’s investment accounts. In January 2019, Durbon faxed a fraudulent Annuity Withdrawal form which misrepresented that T.H. wanted to cash out her annuity policy. This caused the annuity company to issue a check to T.H. in the amount of $244,521.09. The check was deposited into one of T.H.’s checking accounts. After the check was deposited, approximately 92 checks, totaling $372,092.98, were issued to Lukasik from T.H.’s checking account between February 2019 and March 2020. The checks were deposited into bank accounts that Lukasik controlled and maintained. Moreover, Lukasik failed to report receipt of any of T.H.’s funds in her 2019 tax return.

In total, between January 2019 and March 2020, approximately $542,760.23 in fraudulently obtained funds were deposited into Lukasik’s accounts. After the funds were deposited, Lukasik and Durbon used the funds to pay off debt and make a variety of purchases. Those purchases included paying $26,354.05 for a 2018 Nissan Rogue, $17,735.17 to pay off a car loan, more than $29,000 to pay student loan debt, and more than $100,000 in credit card payments. Lukasik and Durbon also used the funds to purchase a duplex in Cape Coral, and more than $100,000 of the fraudulently obtained proceeds were used to buy electronics, furniture, and to remodel the duplex.

This case was investigated by the United States Secret Service, the Lee County Sherriff’s Office, and the IRS – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Trent Reichling.

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness.

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced William Perez (28, Tampa) to 18 months in federal prison for conspiracy to commit money laundering. As part of his sentence, the court also entered an order of forfeiture in the amount of $245,980, the proceeds of the crime. Perez had pleaded guilty on August 31, 2022.

According to court documents, India-based conspirators falsely and fraudulently identified themselves as federal law enforcement officers, such as Social Security Administration officials, FBI agents, or IRS officers, provided “official” titles and/or “badge numbers,” and threatened their victims with imminent arrest, a lawsuit, and/or other economic consequences, usually based on alleged drug trafficking or money laundering crimes supposedly committed using the victims’ identities. The conspirators told victims, the majority of whom were older adults, that they could avoid these consequences by mailing checks or cash equivalents to conspirators in the United States. From April 2018, through at least August 2018, Perez laundered money that had been extorted from United States residents by conspirators residing in the United States and overseas. Perez received payments directly from victims, typically via packages sent via a commercial carrier. Once he retrieved the fraud proceeds, Perez provided them to his coconspirators and was paid for conducting the transactions.

“Millions of Americans, to include the most vulnerable of the population, have fallen victim to IRS impersonation scheme telephone calls which ultimately led to the loss of their life savings,” said Ronald A. Loecker IRS-CI Acting Special Agent in Charge.  “Today’s sentence again demonstrates our persistent resolve to hold fraudsters accountable for taking advantage of both the system and the elderly with the hope justice has been served”.

“The Treasury Inspector General for Tax Administration will aggressively pursue anyone who defrauds taxpayers by impersonating themselves as Internal Revenue Service employees,” stated J. Russell George, Treasury Inspector General for Tax Administration.  “We greatly appreciate the efforts of our federal partners in holding this individual to account.”    

This case was investigated by Treasury Inspector General for Tax Administration (TIGTA), the Internal Revenue Service – Criminal Investigation (IRS-CI), and Social Security Administration, Office of Inspector General. It was prosecuted by Special Assistant United States Attorney Suzanne Huyler.

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness.

Orlando, Florida – United States District Judge Roy B. Dalton, Jr. has sentenced Carlos Tawan Reed, Jr. (23, Orlando) to four years and three months in federal prison for bank burglary and bank theft in connection with the destruction of an ATM machine. Reed had pleaded guilty on November 28, 2022.

According to court records, Reed helped two other individuals wrap a chain around an ATM machine at a Chase Bank on Colonial Drive in Orlando. Using a stolen F-250 truck, the men then destroyed the casing of the ATM and stole the cash boxes inside, containing $116,650. The three individuals fled in a Mercedes rental car driven by Reed. Deputies from the Orange County Sheriff’s Office pursued the burglars on the ground and in the air. Reed failed to stop and led police on a high-speed chase, which ended when deputies deployed spike strips and disabled the car. All three men then attempted to flee on foot but were quickly apprehended. Inside the Mercedes, police recovered all of the stolen money.

The two other accomplices, Deontrae Walden and Wendell Harp, have both entered guilty pleas and are awaiting sentencing. Walden admitted his role in five such burglaries in the area. A fourth individual, Aqunis Green, was arraigned and has pleaded not guilty. Green is currently serving a 46-month federal sentence for similar conduct in the Eastern District of Texas. He now faces a maximum term of 20 years on this indictment in the Middle District of Florida.

This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.

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

Orlando, FL – United States Attorney Roger B. Handberg announces that Nikesh Ajay Patel (38, formerly of Windermere) has pleaded guilty to an indictment charging him with 13 counts related to almost $20 million in fraud that he perpetrated while on federal pretrial release. Patel has pleaded guilty to one count of conspiracy to commit wire fraud, three counts of wire fraud, one count of conspiracy to commit money laundering, and eight counts of money laundering. He faces a maximum penalty of 30 years in federal prison for each count of conspiracy and wire fraud, and up to 20 years’ imprisonment for each money laundering count. His sentencing date has not yet been scheduled.

According to court documents, Patel, a Central Florida resident, was charged in 2014 by the U.S. Attorney’s Office in the Northern District of Illinois for a $179 million fraud scheme. He was arrested and released on bond. For the next several years, Patel claimed that he was cooperating with authorities and using his business skills to get funds to repay some of what he owed. In fact, Patel had devised a new scheme that netted him almost $20 million.

Patel’s new fraud scheme involved three parts. First, Patel fabricated fraudulent loan documents that falsely represented that a bank in Miami had authorized loans to be made to convert hotels in rural areas into assisted living facilities. Although the bank in Miami exists, it had never made any of the loans. The person who was listed as signing the loans (“Ron Elias”) was a fictitious identity used by Patel to perpetrate his conspiracy and scheme. Second, Patel applied to the United States Department of Agriculture (USDA) to guarantee the fake loans pursuant to its Business and Industry Guaranteed Loan Program. Third, after the USDA agreed to guarantee the fake loans, Patel sold the guaranteed portion of the fake loans to the Federal Agricultural Mortgage Corporation, also known as Farmer Mac. Patel executed the scheme on three occasions, receiving almost $20 million in proceeds. Patel used a portion of the funds from that scheme to pay some of his restitution, but he was saving much of it to flee the United States.

Patel’s sentencing in the Northern District of Illinois was set for January 9, 2018. Three days before that, he was arrested at the airport in Kissimmee. Patel had chartered a flight to Ecuador, where he intended to request political asylum and live off the proceeds that he had obtained from his new scheme. Instead, Patel’s bond was revoked and the U.S. Marshals Service transported him to the Northern District of Illinois. On March 6, 2018, Patel was sentenced to 25 years in federal prison for his case in the Northern District of Illinois. 

This case was investigated by the Federal Bureau of Investigation and the U.S. Department of Agriculture, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta and United States Attorney Roger B. Handberg.

Orlando, FL – United States Attorney Roger B. Handberg announces that Denise E. Kovacs (60, Clermont) has pleaded guilty to embezzlement. Kovacs faces a maximum sentence of five years in federal prison. Her sentencing is scheduled for June 21, 2023, before U.S. District Judge Wendy W. Berger.

According to court documents, Kovacs was the bookkeeper at Plumbers AFL-CIO Local 803, a labor union that represents plumbers and pipefitters in central Florida. During a nearly five-year period of employment, Kovacs stole $43,777 in cash from union dues and charged $261,126 in expenses on the union’s credit card. To conceal her theft, Kovacs altered internal business records which kept union officials in the dark about her ongoing embezzlement of funds.

This case was investigated by the Department of Labor, Office of Labor Management Standards. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Reginald Roberts (22, Lakeland), a/k/a/ “Rudy,” Nathaniel Keith Carr (28, Riverdale), a/k/a “Nate,” and Chrishawn De’Earl Butler (22, Brooksville), a/k/a “Baby,” have each pleaded guilty to conspiracy to commit robbery, Hobbs Act robbery, and brandishing and discharging firearms in the commission of crimes of violence. Each faces a minimum mandatory sentence ranging from 14 to 21 years, up to life, in federal prison. Sentencing dates have not yet been set.

According to the plea agreements, and as depicted in the attached photographs introduced at the initial appearance hearing on May 12, 2021, between December 2020 and April 2021, Roberts, Carr, Butler and others engaged in a conspiracy to rob individuals they suspected of distributing narcotics. During that time, the conspirators engaged in numerous armed robberies in Hillsborough, Pasco, Polk, and Lee counties, some of which resulted in shootings. While committing these offenses, the conspirators impersonated law enforcement officers by wearing black clothing, gloves, and masks, often with law enforcement insignia, or vests with “Sheriff” affixed. In addition, during certain robberies, the conspirators drove a black Dodge Durango and white Chevrolet Malibu equipped with blue lights and sirens. 

Co-conspirator Jasmine Weber (28, Tampa) has also pleaded guilty, and is pending sentencing. Indicted co-conspirators Daniel Jackson and Darius Hudson are 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 FBI, with assistance from the Hillsborough County Sheriff’s Office, the Bartow Police Department, the Lakeland Police Department, the Dade City Police Department, the Cape Coral Police Department, the Pasco Sheriff’s Office, the Hernando County Sheriff’s Office, the Arcadia Police Department, and the Florida Highway Patrol. 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.

Tampa, FL – U.S. District Judge William Jung has sentenced Steve Aloysius Moodie, Jr. (35, Tampa) to 5 years and 10 months in federal prison for conspiracy to commit wire fraud and aggravated identity theft, wire fraud, and aggravated identity theft. As part of his sentence, the court also ordered Moodie to pay $1,070,647 in restitution, jointly with co-defendant Melinda Sue Hernandez (33, Ruskin), to the various state workforce agencies they defrauded. Moodie had pleaded guilty on September 19, 2022.

Hernandez was previously sentenced to 42 months in federal prison for her role in the conspiracy.  

According to court documents, from approximately June 2020 through April 2021, Moodie and Hernandez obtained personal identifying information (PII) of others without their knowledge. Hernandez was employed as a medical assistant at a Tampa Bay area hospital and gained access to patient PII, which she used to further the scheme. Moodie used that PII and that of others to submit, and cause to be submitted, false and fraudulent unemployment insurance (UI) claims to various state workforce agencies to obtain UI benefits. These UI benefits were then transferred to bank accounts or loaded onto debit cards issued in the names of others. Moodie and Hernandez then used, and attempted to use, the fraudulently obtained debit cards to withdraw money from ATMs. Law enforcement calculated the total intended loss caused by the fraudulent UI claims to be between $1.5 million and $3.5 million.

This case was investigated by the United States Postal Inspection Service and Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Greg Pizzo.

In March 2020, the President signed the Families First Coronavirus Response Act and the Coronavirus Aid, Relief, and Economic Security Act, which expanded states’ ability to provide UI for many workers impacted by COVID-19, including for workers who were not ordinarily eligible for benefits.

On May 17, 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, among other methods, 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. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Meccos Donta Allen (38, Tampa) has pleaded guilty to unlawfully possessing a firearm. Allen faces a minimum mandatory penalty of 15 years, up to life, in federal prison. Allen has also agreed to forfeit the Glock pistol traceable to the offense. A sentencing date has not yet been set.

According to court documents, officers from the Tampa Police Department approached Allen after receiving a complaint that someone fitting Allen’s description had assaulted a couple after following them from Tampa’s Downtown Riverwalk. Allen fled from the police, dropping a loaded Glock pistol in the process. At the time of his arrest, Allen had multiple felony convictions, including for felony battery and the delivery of cocaine. As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Tampa Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney David P. Sullivan. The forfeiture is being handled by Assistant United States Attorney Suzanne C. Nebesky.

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

Tampa, FL – Lakeland Regional Medical Center (LRMC) in Lakeland, Florida, has agreed to pay the United States $4 million to resolve allegations that it made donations to a local unit of government to improperly fund the state’s share of Medicaid payments to LRMC. 

The Florida Medicaid program provides medical assistance to low-income individuals and individuals with disabilities, and is jointly funded by the federal and state governments. Under federal law, Florida’s share of Medicaid payments must consist of state or local government funds, and may not come from “non-bona fide donations” from private health care providers, such as hospitals. A non-bona fide donation is a payment — in cash or in kind — from a private provider to a governmental entity that is then returned to the private provider through a payment by Medicaid. Because Medicaid services are reimbursed jointly by the federal and state governments, a non-bona fide donation causes federal expenditures to increase without any corresponding increase in state expenditures, since the state share of the Medicaid payments to the provider comes from and is returned to the provider. The prohibition of this practice ensures that states are in fact paying a share of Medicaid payments and thus have an incentive to curb Medicaid costs and prevent unnecessary services.  

The United States alleged that, between October 2014 and September 2015, LRMC made improper, non-bona fide donations to Polk County, Florida by assuming and paying certain of Polk County’s financial obligations to other healthcare providers. These donations were designed to increase Medicaid payments received by LRMC, by freeing up funds for the County to make payments to the State as the state share of Medicaid payments to LRMC. This state share was “matched” by the federal government before being returned to LRMC as Medicaid payments. The Medicaid payments LRMC received were thus funded by the federal government and LRMC’s own donations, in violation of the prohibition on non-bona fide donations. 

“When private parties make improper donations to fund the state share of Medicaid, they undermine a key safeguard for ensuring the integrity of the Medicaid program,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Medicaid expenditures should be determined by beneficiaries’ medical needs rather than by donations by private hospitals to local units of government.”

“Protecting the Medicaid program is crucial, as millions of Floridians rely on it for their medical care and related services,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We are committed to ensuring that government funds are used for their intended purposes and are not improperly obtained.” 

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

The matter was handled by Fraud Section Attorneys Alison B. Rousseau and Jonathan T. Thrope and Assistant U.S. Attorney Carolyn B. Tapie.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Ocala, Florida – U.S. Attorney Roger B. Handberg announces that a federal jury has found Jorge Mojocoa (69, Fort McCoy) guilty of attempted enticement of a minor to engage in sex. Mojocoa faces a minimum mandatory penalty of 10 years, up to life, in federal prison. His sentencing is set for June 8, 2023, before Senior United States District Judge Gregory A. Presnell.

According to evidence presented at trial, on March 30, 2022, Mojocoa responded to a social media posting offering a minor child for sexual services in return for cash. The post had been made by an undercover law enforcement officer. The fictional child purportedly suffered from many physical disabilities, including paralysis and autism. Over the span of two days, Mojocoa spoke to an undercover officer about engaging in sex with the 12-year-old girl. After settling on a price, Mojocoa drove to an agreed-upon location to engage in sex with the child. Once arrested, law enforcement recovered lubricant and candy in Mojocoa’s possession. During the negotiations, Mojocoa had agreed to bring those particular items for his encounter with the child.

This case was investigated by Homeland Security Investigations (HSI), the United States Secret Service, the Marion County Sheriff’s Office, the Ocala Police Department, the Citrus County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorneys Tyrie K. Boyer and Belkis H. Crockett.

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.

Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Martez Manning (26, St. Petersburg) with one count of possession of a firearm and ammunition by a convicted felon. If convicted, Manning faces up to 15 years in federal prison. The indictment notifies the defendant that the government intends to forfeit the firearm and ammunition traceable to the offense.

According to the indictment, on January 2, 2023, Manning possessed a Beretta model 21A Bobcat semiautomatic pistol and two rounds of CCI .22 caliber long rifle ammunition. Manning has seven prior felony convictions including possession of cocaine; tampering with physical evidence; and multiple convictions for either the sale or delivery of cocaine. As a previously convicted felon, Manning 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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.

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

Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Keith Ingersoll (46, Orlando) to nine years and one month in federal prison for wire fraud, conspiracy to commit wire fraud, attempted wire fraud, and aggravated identity theft. The court also ordered Ingersoll to forfeit $9,814,993.36 in proceeds traceable to the offense and ordered him to pay $12.748 million in restitution to the victims. Ingersoll had pleaded guilty on October 18, 2022.

According to court documents, in one conspiracy, Ingersoll and his co-conspirators fraudulently obtained $12.7 million from a victim between 2016 and 2021. The co-conspirators falsely represented that the funds provided by the victim would be used as refundable deposits for specific real estate transactions, that the funds would be held in escrow by an attorney, and that the funds would be returned to the victim upon request. In fact, the funds were sent to two conspirators who were not licensed attorneys. Rather than retain the funds as had been promised, these conspirators diverted portions of the funds for their own personal benefit, including for luxury car rentals, travel, and adult entertainment and transferred the majority of the funds to Ingersoll. As part of the conspiracy, Ingersoll and other conspirators provided the victim with fake real estate purchase contracts and other documents that were not executed by the owners of the properties, but rather contained forged signatures or were executed using the names of fictitious individuals and that falsely represented the entities that owned the properties. Ingersoll and other conspirators also falsely claimed that specific entities and individuals had expressed interest in purchasing the real estate, when those potential buyers did not exist, had never been contacted about purchasing the real estate, or had declined to pursue a transaction.

When the victim requested a return of some of the funds, Ingersoll provided false excuses about why the funds could not be returned, including false claims that the purported escrow agent was in Costa Rica and was not allowed to leave that country due to having COVID-19.

In another conspiracy that took place in 2017, Ingersoll conspired to defraud a local government entity in the Middle District of Florida out of $262,000 through the straw purchase and markup of a piece of real estate. As part of that conspiracy, Ingersoll used his position as a consultant for the local government entity to find a straw purchaser to buy a piece of real estate. On the same day that the straw purchaser bought this real estate, Ingersoll caused the property to be transferred to the local government agency for an extra $262,000 above the purchase price. The $262,000 windfall was then divided amongst Ingersoll, the straw purchaser, and other conspirators.

In yet another scheme, on March 31, 2020, Ingersoll submitted a fraudulent application to the U.S. Small Business Administration seeking $66,500 in emergency COVID-19 funding in the form of an Economic Injury Disaster Loan (EIDL) for a business controlled by him named “The Ingersoll Group.” In this application, Ingersoll made false representations regarding The Ingersoll Group’s revenues and costs in an attempt to fraudulently increase the amount of the loan. The application was ultimately denied.

This case was investigated by the United States Secret Service, the Federal Bureau of Investigation, and the Seminole County Sheriff’s Office. It was prosecuted by United States Attorney Roger B. Handberg and Assistant United States Attorneys Amanda Daniels, Chauncey A. Bratt, and Jennifer M. Harrington.

Orlando, FL – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Omayra Ujaque (52, Saint Cloud) with three counts of bank fraud and one count of aggravated identity theft. If convicted, she faces up to 30 years in federal prison on each bank fraud count and a mandatory consecutive 2 years’ imprisonment for the aggravated identity theft count.

According to the indictment, Ujaque, in her capacity as a licensed mortgage loan officer, created and executed a mortgage fraud scheme targeting the financial institution where she worked. To ensure that otherwise unqualified borrowers were approved for mortgage loans, Ujaque falsified borrowers’ income through completely fabricated or inflated monthly child support payments on mortgage loan applications that she signed and certified to the financial institution’s underwriting department. In furtherance of her scheme, Ujaque created fictitious Final Judgments of Dissolution of Marriage and Final Orders Modifying Child Support showing the borrowers were entitled to receive non-existent monthly child support payments. Ujaque then used the names of judges from the Circuit Court of the Ninth District of Florida and forged their signatures on the fabricated Final Judgments of Dissolution of Marriage or Final Orders Modifying Child Support. Ujaque then created bogus Florida Department of Revenue Statements showing the party purportedly paying monthly child support payments to the borrowers and manufactured phony prepaid debit card statements showing the borrowers purportedly withdrawing the non-existent monthly child support payments.

In most cases, the children did not exist or the borrowers had never been married. Ujaque submitted bogus paperwork to the financial institution to support the false monthly income on the loan applications. Based on Ujaque’s misrepresentations, the financial institution approved and funded the mortgage loans.

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

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, U.S. Department of Housing and Urban Development – Office of Inspector General and the Florida Office of Financial Regulation. It will be prosecuted by Special Assistant United States Attorney Chris Poor.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Gregory Austin Eward (25, Live Oak) today pleaded guilty to conspiracy to possess and transfer unregistered firearm silencers. Eward faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Eward and his father and co-defendant, Dustin Eward, operated Eward Research Inc., a company that marketed and sold firearm silencers (also known as suppressors) over the internet. In lightly coded language, their website, ewardresearch.com, advertised the sale of combinations of parts designed and intended for use in assembling firearm silencers – never using the term “silencer,” but referring to individual components as “toobz,” threaded “end caps,” “spacers,” and “spools.” Sales could be completed with either cash or cryptocurrency. The website included photographs of the items for sale, which were identifiable as components of firearms silencers.

In 2018, Dustin Eward was interviewed by two FBI Special Agents. He told the agents that he lived with his son and that they operated a business out of their home. According to Dustin Eward, they produced and sold “solvent traps” and adaptors for firearms. It is common for sellers of illicit firearms silencers to falsely claim that their products are not actually silencers, but instead are “solvent traps,” that is, devices supposedly designed to catch or “trap” dirty cleaning solvent pushed through the barrel of a firearm from the chamber end and out through the muzzle.

In January and again in February 2022, an undercover ATF Special Agent ordered three silencers from the Ewards, paying for them with cryptocurrency.  Surveillance video from a post office showed Gregory Eward mailing one of the parcels containing silencers that the agent eventually received.

The devices were examined by an ATF Firearms Enforcement Officer and firearms expert who concluded that the devices were consistent in design and construction with firearms silencers that he had examined in the past and he recognized the devices to be firearms silencers. The officer noted that to make the silencers functional, an end-user would need to drill center holes through the silencers’ baffles and end cap; the officer estimated, however, that this task only would require five to ten minutes to complete. Notably, also included in the parcels that the Ewards had mailed were 3D-printed tools, including a tool designed to act as a “jig” to accurately guide the drilling of center holes through the silencers. These silencers were not registered in the National Firearms Registration and Transfer Record, as required by federal law.

At the time of his arrest, on May 9, 2022, Gregory Eward had a Glock-type handgun on the back seat of the car. The pistol had no serial number and was loaded.  Agents also located three rifle bump-stocks in the car’s open trunk. These devices also had no serial numbers.

During an interview after his arrest, Gregory Eward acknowledged that he was the CEO of Eward Research and that he and his father worked for the company.  He volunteered that his products look like silencers, but he denied that he was selling these products as silencers or silencer kits. He later acknowledged that their products were similar to silencers, and they would operate as silencers if a hole was drilled through them. Eward claimed that these products were intended to store small items, such as fishing line, a syringe, or a towel. 

On May 10, 2022, FBI and ATF Special Agents executed a search warrant at the Ewards’ home. They located approximately 105 firearms, over 12,000 rounds of ammunition, and 35 assembled firearms silencers. There was also a sufficient quantity of parts (including metallic tubes, baffles, and threaded endcaps), which were designed or redesigned, and intended for use in assembling or fabricating more than 300 additional firearm silencers.

Gregory Eward’s co-defendant, Dustin Eward, is scheduled to proceed to trial in June 2023. He is charged by indictment with conspiracy to possess and distribute unregistered silencers, possession of unregistered silencers, transfer of unregistered silencers, and threatening to assault and murder a federal law enforcement officer.  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 outcome reflects the tireless efforts of investigators from several federal, state and local agencies,” said ATF Tampa Field Division’s Acting Special Agent in Charge Richard Coes. “Northeast Florida is much safer today, thanks to their teamwork.”

“Although law enforcement continues to fight violent crime, it remains a threat in too many of our communities,” said Sherri E. Onks, Special Agent in Charge of the FBI Jacksonville Division. “The FBI and our local, state and federal law enforcement partners remain focused on identifying and investigating those who commit violent crime, including those who traffic in illegal firearms. Let this case be a warning that we will not rest while Americans live in fear of violence in their neighborhoods.”

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Naval Criminal Investigative Service, the Suwannee County Sheriff’s Office, the Live Oak Police Department, the Florida Department of Law Enforcement, the Columbia County Sheriff’s Office, and the Lake City Police Department. It is being prosecuted by Assistant United States Attorneys Kirwinn Mike, Michael J. Coolican, and Cherie Krigsman.

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.

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Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Michael Ray King (42, Jacksonville) to eight years and one month in federal prison for using the internet to download and receive videos and images showing children being sexually abused. King was also ordered to serve a 15-year term of supervised release, register as a sex offender, and pay child victims a total of $50,500 in restitution. King was arrested by FBI agents at his home on November 18, 2021, and he has been detained since June 1, 2022, when his bond was revoked because he accessed the internet in violation of his release conditions. King had pleaded guilty in September 2022.

According to court documents, in 2021, the FBI was investigating individuals who were using online networks to receive and share child sexual abuse materials. This investigation revealed that in July, August, and September 2021, King used a computer connected to the internet at his Jacksonville residence to access videos depicting young children being sexually abused.

On November 18, 2021, the FBI executed a federal search warrant at King’s house and seized, among other things, an external computer hard drive that was connected by a cable to a gaming computer. A forensic examination of these devices ultimately revealed that King had collected at least 5,000 videos and at least 2,000 images depicting child sexual abuse, including young children being sexually assaulted, bestiality, and bondage. The forensic evidence further showed that King had downloaded these child sexual abuse materials from the internet using a particular file-sharing program.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney D. Rodney Brown. Assistant United States Attorney Mai Tran handled the forfeiture of assets, including the two computer devices used by King to receive and store child sexual abuse materials.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the epidemic of online 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 investigate, locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Tampa, Florida – U.S. District Judge Kathryn Kimball Mizelle has sentenced Raequin Smith (27, Tampa) to six years and three months in federal prison for possession with the intent to distribute cocaine and possession of a firearm in furtherance of drug trafficking. Smith had pleaded guilty on December 1, 2022.

According to court documents, on April 5, 2022, Smith was stopped by law enforcement for driving at a high rate of speed. When asked to exit the vehicle, Smith fled in the vehicle. Police helicopters were dispatched and located Smith driving at a high rate of speed and disregarding traffic signals through busy roadways in Tampa. Officers used spike strips to disable Smith’s vehicle, but Smith fled on foot, discarding a bookbag in a driveway as he ran. Officers pursued Smith until he was apprehended. They retrieved the bookbag which contained a firearm, ammunition, cocaine, marijuana, two digital scales, and multiple empty baggies.

This case was investigated by the Tampa Police Department and the Strategic Pattern Armed Robbery Technical Apprehension (SPARTA) unit of the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Maria Guzman.

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

Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Demetrius Reddick (36, Tampa) to 10 years in federal prison for attempted coercion or enticement of a minor to engage in sexual activity. The court also ordered Reddick to serve a 15-year term of supervised release and to register as a sex offender. He also forfeited a cellphone that was used in the commission of the offense. Reddick had pleaded guilty on September 13, 2022.

According to court documents, Reddick spent approximately two months communicating with an undercover detective, who was posing as a 13-year-old girl, over a social media platform. During these conversations, Reddick engaged the fictious child in sexual conversations, and ultimately traveled to a hotel in Orlando to meet for the purpose of engaging in sexual activities with the child.

This case was investigated by the Federal Bureau of Investigation and the Metropolitan Bureau of Investigation. It was prosecuted by Assistant United States Attorney Shannon Laurie.

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

Tampa, Florida – United States Attorney Roger B. Handberg announces that Muhammed Momtaz Al-Azhari (26, Tampa) has pleaded guilty to attempting to provide material support or resources to a designated foreign terrorist organization, namely, the Islamic State of Iraq and al-Sham (“ISIS”). Pursuant to the terms of his plea agreement, Al-Azhari and the United States have agreed to the imposition of a stipulated sentence of 18 years in federal prison. Al-Azhari has also agreed to forfeit certain assets that are traceable to proceeds of the offense, as well as various items of property, including gear involved in, or intended to be used to commit the offense.

According to the plea agreement, Al-Azhari is a United States citizen who spent most of his life abroad and came to embrace dogmatic, Islamist/Salafist beliefs. In or around 2015, Al-Azhari was convicted of advocating for Jaysh al-Islam, an armed Islamist group then participating in the Syrian conflict, in Saudi Arabia. Al-Azhari spent approximately three years in Saudi Arabian custody, after which he was removed to the United States. Upon Al-Azhari’s arrival to the United States, in or around December 2018, the FBI began investigating him for potentially providing material support to ISIS, which, at all relevant times, was designated as a foreign terrorist organization under federal law.

In or around April 2020, Al-Azhari began planning to carry out an attack in support of ISIS. Around the same time, Al-Azhari began to acquire multiple firearms. He also researched and scouted potential locations in the Tampa Bay area. Since at least May 2019, Al-Azhari consumed ISIS propaganda and spoke favorably about ISIS, to whom he eventually pledged his allegiance through a bay’ah (an Islamic oath of allegiance). Furthermore, Al-Azhari spoke about avenging the United States’ imprisonment of Muslims, including ISIS fighters, and the United States’ military actions in the Middle East. In addition, Al-Azhari rehearsed parts of the plan described above, including practicing statements that he would make during, or in connection with, an attack in support of ISIS.

Between late April and May 2020, Al-Azhari also had multiple interactions with an FBI undercover employee (“UC-1”) and a confidential human source (“CHS-1”), during which Al-Azhari tried to buy guns from the UC-1, including a fully automatic rifle, but he was arrested on unrelated state charges while negotiating the purchase. Al-Azhari thereafter met CHS-1, attempted to “convert” CHS-1 to Islam, and confided in CHS-1 about his affiliation with ISIS and his plans to provide material support to ISIS, as well as to send money to ISIS. Al-Azhari recruited CHS-1 to help him carry out the plans described above in support of ISIS, as well as robberies, and he asked CHS-1 to obtain a Glock pistol and an unregistered silencer for him. Agents arrested Al-Azhari when he took possession of the gun and silencer on May 24, 2020.           

This case was investigated by FBI’s Joint Terrorism Task Force, including Homeland Security Investigations (HSI), the Tampa Police Department, the Pinellas County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the St. Petersburg Police Department, the Clearwater Police Department, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorneys Patrick Scruggs and Risha Asokan.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Robert L. Birchum (55, Tampa) has pleaded guilty to unlawfully possessing and retaining classified documents relating to the national defense of the United States. Birchum faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set. Birchum has also agreed to surrender certain computer equipment that contained classified information and facilitated the unlawful retention of national defense information.

According to the plea agreement, Birchum, who retired in 2018 as a Lieutenant Colonel in the United States Air Force, had served in various positions in intelligence, including those requiring him to work with classified intelligence information for the Joint Special Operations Command, the Special Operations Command, and the Office of the Director of National Intelligence. While he was on active duty, Birchum entered into several agreements with the United States regarding the protection and proper handling of classified information. In 2017, however, law enforcement officers discovered that Birchum had removed more than 300 classified files or documents, including more than 30 items marked Top Secret, from authorized locations to his home, his overseas officer’s quarters, and a storage pod in his driveway. None of these locations were authorized for storage of classified national defense information, and Birchum knew as much. For example, Birchum possessed two documents on a thumb drive found in his home that contained information relating to the National Security Agency’s capabilities and methods of collection, and targets’ vulnerabilities. Both documents were classified as Top Secret/SCI, and their unauthorized release could be expected to cause exceptionally grave damage to the national security of the United States.

This case was investigated by the United States Air Force—Office of Special Investigations and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Cherie L. Krigsman and Trial Attorney Evan N. Turgeon of the Department of Justice’s National Security Division, Counterintelligence and Export Control Section.

 

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