FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
Three Men Sentenced to Decades in Federal Prison for A Robbery on the Big Cypress Reservation Resulting in the Death of A VictimRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Johan Holder (26, Clewiston) to 40 years, Sylvanis Brice (31, Clewiston) to 40 years, and Uriah Waggerby (25, Clewiston) to 18 years in federal prison, respectively, for their roles in an attempted robbery that resulted in the killing of a victim on the Big Cypress Indian Reservation in Clewiston. The Big Cypress Indian Reservation is one of the reservations of the Seminole Tribe of Florida. On July 20, 2022, following an eight-day trial, a jury found Holder and Brice guilty of conspiracy and robbery. The jury found Waggerby guilty of conspiracy.
According to testimony and evidence presented at trial, shortly before midnight on November 1, 2016, men wearing hoodies, masks and gloves, and brandishing firearms attempted to commit a robbery at a residence on the Big Cypress Reservation. During the robbery attempt, one of the masked men fired a shot that struck and killed a young man who had been visiting the targeted residence. Immediately after the shooting, the masked assailants fled the area. As the assailants had concealed their identities during the robbery attempt, no one at the scene was able to identify the perpetrators. Subsequent efforts to identify the assailants through fingerprint and DNA evidence were also unsuccessful.
Waggerby later admitted to his involvement in the robbery, telling investigators that he had met with men in the Harlem area of Clewiston prior to the robbery and directed them to rob a particular house on the reservation because a resident there was a marijuana dealer. As a result of an exhaustive law enforcement investigation, Brice and Holder were identified as perpetrators who had committed the attempted armed robbery on the reservation.
This case was investigated by the Federal Bureau of Investigation and the Seminole Police Department, as part of the joint Federal Bureau of Investigation/Seminole Police Department Safe Trails Task Force, which has been in existence since 2010. It was prosecuted by Assistant United States Attorneys Michael Sinacore and Simon Eth.
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.
South Florida Woman Sentenced to 3 Years for Her Role in A Health Care Fraud ConspiracyRead the Press Release
Tampa, FL – U.S. District Judge Virginia Hernandez Covington has sentenced Ruth Bianca Fernandez (39, Pompano Beach) to three years in federal prison for her role in a conspiracy to commit health care fraud and for making a false statement in a matter involving a federal health care benefit program. As part of her sentence, the court ordered Fernandez to pay approximately $12 million to the affected government health programs and an insurance company, which obligation is joint and several with other coconspirators. The court also entered an order of forfeiture against Fernandez in the amount of $62,650. Fernandez had pleaded guilty on October 18, 2021.
According to court documents, beginning in January 2018 and continuing into April 2019, Patsy Truglia, previously sentenced to a 15-year term of imprisonment, Fernandez, who worked directly under Truglia’s supervision and direction, and other conspirators generated medically unnecessary physicians’ orders via their telemarketing operation for certain orthotic devices—knee braces, back braces, wrist braces, and other braces—referred to as durable medical equipment (“DME”). Through the telemarketing operation, federal health care program beneficiaries’ (i.e., Medicare beneficiaries’) personal and medical information was harvested to create the unnecessary DME brace orders. The brace orders were then forwarded to purported “telemedicine” vendors that, in exchange for a fee, paid illegal bribes to physicians to sign the orders, often without ever contacting the beneficiaries to conduct the required telehealth consultations. The fraudulent, illegal brace orders were then returned to Truglia’s telemarketing operation, which used the orders as support for millions of dollars in false and fraudulent claims submitted to the Medicare program. To avoid Medicare scrutiny, Truglia and Fernandez spread the fraudulent claims across five DME storefronts operated under Truglia’s control and Fernandez’s day-to-day management. In all, through their five storefronts, Truglia, Fernandez, and other conspirators caused approximately $25 million in fraudulent DME claims to be submitted to Medicare, resulting in approximately $12 million in payments.
“Submitting fraudulent claims to Medicare for medically unnecessary equipment diverts funding meant to cover the cost of caring for vulnerable beneficiaries,” stated Special Agent in Charge Omar Pérez Aybar with the U.S. Department of Health and Human Services Office of Inspector General. “Our agency will continue to work with our law enforcement partners to identify and hold accountable bad actors who commit health care fraud.”
“This investigation reflects the FBI’s continuing efforts to safeguard Federal healthcare programs from greed-fueled fraud schemes,” said FBI Tampa Division Special Agent in Charge David Walker.
“This sentence today holds the defendant accountable for her role in a fraud scheme that bilked federal healthcare programs out of millions of dollars. The VA OIG is committed to rooting out fraud committed against healthcare programs for veterans and their families,” said Special Agent in Charge David Spilker of the VA Office of Inspector General’s Southeast Field Office. “We commend the collaborative efforts of our law enforcement partners in this important joint investigation.”
“Health care fraud is not a victimless crime. We all pay in multiple ways: the U.S. Treasury loses tens of billions of dollars per year and higher health care premiums are passed on to patients as a result of these scams,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker. “IRS-CI and our federal partners take the criminal acts committed by this defendant, and others, very seriously and will continue to follow fraudulent money flows no matter the underlying crime.”
This case was investigated by U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Department of Veterans Affairs – Office of Inspector General, and the Internal Revenue Service –Criminal Investigation’s Tampa Field Office. The criminal case was prosecuted by Assistant United States Attorneys Jay G. Trezevant, Tiffany E. Fields, and James A. Muench. A related federal civil action is being handled by Assistant United States Attorney Carolyn B. Tapie.
Nine Indicted on Charges Involving Embezzlement of Hundreds of Thousands of Financial Aid Funds from A Higher Education InstitutionRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Andrea Mitchell (53, Tampa), Lester Best (54, Tampa), Gloria Gutierrez (51, Lakeland), Sylvester Robinson (57, Temple Terrace), Neukenya Jokines (52, Riverview), Kinya Lillie (52, Tampa), Jewel Jordan (52, Brandon), Andre Wright (54, Hinesville, GA) and Rozaundra Lillie (53, Tampa) with conspiracy to commit wire fraud. Mitchell is further charged with aggravated identity theft. If convicted, each faces a maximum penalty of 20 in federal prison. If convicted for aggravated identity theft, Mitchell faces a mandatory minimum of 2 years’ imprisonment, in addition to the sentence imposed for conspiracy to commit wire fraud. The indictment also notifies the individuals that the United States intends to forfeit all assets which are alleged to be traceable to proceeds of the offense.
According to the indictment, Mitchell served as a financial services manager at a higher education institution in the Middle District of Florida. Mitchell and her coconspirators used her position to embezzle hundreds of thousands of dollars in financial aid. In order to steal the funds, Mitchell stole the identities of hundreds of current and formerly enrolled students at the higher education institution, then issued checks to coconspirators using those funds. The coconspirators cashed the checks at various financial institutions and shared the proceeds.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation, and the United States Secret Service. It will be prosecuted by Assistant United States Attorney Candace Garcia Rich.
Members of Drug Trafficking Conspiracy Plead Guilty to Drug and Gun Charges in Operation “Titan Fall”Read the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that Carlos Alberto Roman (56, Orlando) has pleaded guilty to possession of controlled substances and possessing a firearm equipped with a silencer in furtherance of that drug crime. Roman faces a minimum mandatory sentence of 30 years, up to life, in federal prison. Coconspirators James Richard Howell (37, Silver Springs) and Kenneth Angel Vera (31, Orlando) pleaded guilty on December 5 and December 6, 2022, respectively, to their roles in the drug conspiracy with Roman. A final coconspirator, Joely Manuel Burgos (39, Orlando), is scheduled for trial on January 17, 2023.
On August 9, 2022, 13 individuals were charged in two indictments in Operation “Titan Fall,” a multi-agency Organized Crime Drug Enforcement Task Force (OCEDTF) investigation. Roman was charged with conspiracy to distribute fentanyl and cocaine in a four-person indictment along with Howell, Burgos, and Vera. On August 31, 2022, a superseding indictment charged Roman with six additional counts of drug possession, possession of a firearm equipped with a silencer in furtherance of drug trafficking, unlawful possession of firearms, ammunition, and explosive grenades by a convicted felon, and unlawful possession of a short-barreled rifle, pistols with vertical foregrips, and silencers.
According to the plea agreement, Roman supplied cocaine and fentanyl to Howell, Burgos, and Vera for resale and regularly communicated with each of them. 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. All but three of the firearms depicted below were recovered from Roman’s home:
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 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.
Former Sarasota Pain Doctor Sentenced in Health Care Fraud Kickback ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge William H. Jung has sentenced Dr. Steven Chun (59, Sarasota) for conspiring to pay and receive kickbacks and bribes. Chun was sentenced to three years and six months in federal prison and ordered to forfeit $278,900, the proceeds of his offenses. On May 24, 2022, a federal jury found Chun and Daniel Tondre (52, Tampa) guilty of conspiring to pay and receive kickbacks and bribes, in the form of speaker fees, in return for prescribing the fentanyl spray, Subsys. Both were also convicted of five separate substantive counts of paying and receiving kickbacks. Tondre is scheduled for sentencing on December 15, 2022.
According to evidence presented during the 10-day trial, Chun was a doctor who owned and operated a pain management medical practice in Sarasota where he prescribed a large volume of Subsys, an expensive form of liquid fentanyl designed to be applied under the tongue (sublingual spray), allowing it to rapidly enter the bloodstream to help relieve break-through pain in certain cancer patients. Tondre was employed as a sales representative by Insys Therapeutics, Inc., the company that manufactured and sold Subsys. Insys, through its sales representative, Tondre, actively marketed Subsys to Chun by holding bogus and sham speaker events, and paid Chun $2,400 to $3,000 per speaker event in return for Chun writing more and higher dosages of Subsys prescriptions. The sham speaker programs were often only attended by Chun’s family and friends, or repeat attendees, and included many falsified or forged signatures of attendees. The sham speaker programs were designed to conceal and disguise kickbacks and bribes paid to Chun to induce him to prescribe Subsys.
According to the evidence, Insys paid Chun more than $278,900 in illegal kickbacks and bribes via the sham speaker programs over a period of less than three years. Tondre earned more than $737,000 in salary and sales commissions over a period of two and half years. Medicare Part D paid more than $4.5 million for Subsys prescriptions written by Chun.
During the sentencing hearing, two former patients of Chun testified regarding the devastating impact that Subsys had on their lives.
“This corrupt medical professional ignored patient care and instead inflicted financial pain,” said FBI Tampa Division Special Agent in Charge David Walker. “The FBI and its law enforcement partners work hard to ensure our nation’s federally funded healthcare system is protected from deception and greed.
“Contrary to proper patient care, the defendants repeatedly disregarded opportunities to promote legitimate, suitable pain management for beneficiaries to instead pursue personal gain,” said Special Agent in Charge Omar Pérez Aybar with the U.S. Department of Health and Human Services Office of Inspector General. “It is a top priority of our agency and law enforcement partners to bring to justice individuals who exploit their proximity to patients to defraud federal health care programs.”
“This sentence demonstrates the effectiveness of the Defense Criminal Investigative Service, our law enforcement partners, and the U.S. Attorney’s Office, in holding corrupt medical providers accountable when they fraudulently divert Defense Health Agency funds, putting their own greed before patient welfare,” said Special Agent in Charge Darrin Jones of the Defense Department's Inspector General, Defense Criminal Investigative Service, Southeast Field Office. “DCIS and our partners are committed to rooting out fraud and corruption and safeguarding the precious Taxpayer funding intended for the healthcare of our military members and their families.”
This case was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services—Office of Inspector General, the Defense Criminal Investigative Service, and by the Opioid Fraud Abuse and Detection Unit at the United States Attorney’s Office, which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. It is being prosecuted by Assistant United States Attorneys Kelley C. Howard-Allen and Jennifer L. Peresie.
Tampa Man Sentenced for Filing False Tax ReturnRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Steven Brickner to 12 months and a day for filing a false U.S. Individual Income Tax Return for tax year 2017. The Court also imposed a $7,500 fine. Brickner had pleaded guilty on February 11, 2022.
According to court documents, Brickner engaged in a scheme to defraud investors in various companies that he claimed were involved in the business of marijuana cultivation and distribution. He convinced investors to invest money in a variety of different enterprises, but wound up using most of those funds for personal uses and to purchase high-end collector automobiles. In July 2021, Brickner was ordered by the United States District Court in the Middle District of Florida to disgorge to the victims of this fraud scheme over $2,420,000 as a result of a civil lawsuit filed by the U.S. Securities and Exchange Commission.
Brickner earned more than $1,055,503 in income in tax year 2017 from the above activity that he did not report on his Individual Income Tax Returns for that year. Due to his failure to file accurate tax returns for that year, Brickner caused a loss to the IRS of $172,164.39.
“Honest law-abiding citizens are fed up with the likes of those who use other people’s money as their own personal piggy bank," said IRS-CI Acting Special Agent in Charge Ronald A. Loecker. “Mr. Brickner caused lasting harm to not only those financially connected to him, but to every hard-working taxpayer who pays into our tax system. This sentencing reassures the American public that Mr. Brickner's actions will not go unpunished.”
OFR Commissioner Russell C. Weigel, III said, “Thank you to OFR’s investigative team, the IRS, and the U.S. Attorney’s Office, Middle District of Florida, for their hard work in this case. The Office of Financial Regulation will continue to work with our partners to stop financial scammers in their tracks.”
This case was investigated by the Internal Revenue Service-Criminal Investigation, with the assistance of the U.S. Securities and Exchange Commission and the Florida Office of Financial Regulation-Bureau of Financial Investigations. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Tampa Convicted Felon Sentenced for Illegally Possessing Firearm and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Rossonno Borders, Jr. (25, Tampa) to three years and one month in federal prison for possessing a firearm and ammunition as a convicted felon. Borders had pleaded guilty on July 27, 2022.
According to court records, on October 6, 2021, Borders was operating a vehicle with illegally tinted windows. Officers from the Tampa Police Department (TPD) attempted to initiate a traffic stop and Borders proceeded to flee at a high rate of speed. Borders crashed the vehicle he was driving and fled the scene of the crash on foot. When TPD officers arrived at the crash scene, they observed a loaded firearm on the center console of the vehicle. Fingerprints found on the magazine of the firearm were confirmed to belong to Borders
Borders is a previously convicted felon, including for grand theft in the third degree (2019) and being a felon in possession of firearm and ammunition and felon in possession of a firearm (2021). As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Terry B. Livanos.
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.
Punta Gorda Man Rides Bicycle Approximately 3 Hours to Meet Child for SexRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging Dylan Joseph Thibodeau (23, Punta Gorda) with enticement of a minor and transfer of obscene material to a minor. If convicted on all counts, Thibodeau faces a minimum mandatory penalty of 10 years, up to life, in federal prison. Thibodeau made his initial appearance before U.S. Magistrate Judge Julie S. Sneed today and was ordered detained pending trial.
According to the complaint and court proceedings, in August 2022, Thibodeau began texting with an individual he believed to be a 14-year-old child. The child was actually an undercover officer. Over the course of three and a half months, Thibodeau made plans to engage in oral and anal sex and impregnate the child before she turned 18 years old. Thibodeau also requested that the child produce nude images of herself to send him and he sent the purported child sexually explicit photos of himself.
On December 3, 2022, Thibodeau rode his bicycle approximately three hours from Punta Gorda to North Port to meet the 14-year-old for sex. Law enforcement apprehended Thibodeau when he arrived at the predetermined location.
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 North Port Police Department and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Abigail K. King.
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.
Nigerian National Sentenced to More Than Six Years in Federal Prison for International Tax Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Allen Levinson, formerly known as Allen Ameh, to six years and six months in federal prison for wire fraud conspiracy related to his orchestration of a large-scale international tax fraud scheme. Levinson, a resident of Nigeria, was arrested on December 2, 2020, while attempting to enter the United Kingdom. He was extradited to the United States and pleaded guilty upon his arrival on February 3, 2022.
According to court documents, Levinson was the leader of a scheme that attempted to defraud the United States government of more than $63 million through the filing of false and fraudulent tax returns in the names of hundreds of identity theft victims. The scheme operated from summer 2014 through 2019. Out of the $63 million claimed in tax refunds, the IRS paid over $5.5 million, the majority of which went to Levinson.
Levinson recruited coconspirators T’Andre McNeely, Brandon Williams, Michael Carr, and others—through job placement ads and word of mouth—to collect the proceeds of the tax fraud and send it to Levinson.
Levinson used sophisticated cyber means to obtain the personal data used to file the returns. He also hired other foreign nationals—including individuals located in a boiler room in Vietnam—to prepare and file the returns quickly and in large batches. The returns were filed from real certified accounting firms across the United States, all of whom had been hacked by third parties and often had their information sold on darkweb marketplaces, including a website formerly known as the xDedic Marketplace. The xDedic Marketplace was a website that operated for years and was used to sell access to compromised computers worldwide and personally identifiable information of U.S. residents.
U.S. District Judge Kathryn Kimball Mizelle previously sentenced three of Levinson’s money laundering affiliates in a related indictment. McNeely and Carr were each sentenced to six years and six months’ imprisonment. Williams was sentenced to one year and one day in prison.
“For too long, Levinson, and cyber criminals like him worldwide believed using darknet marketplaces and cryptocurrencies gave them anonymity from law enforcement. Today’s significant sentencing makes it clear that IRS-CI special agents and our partners have the sophisticated tools to remove the so called cloak of anonymity to bring these fraudsters to justice, “ said IRS-CI Acting Special Agent in Charge Ronald A. Loecker.
“The FBI and its law enforcement partners will never cease in their efforts to protect the American people by exposing cyber schemes and bringing the fraudsters, no matter where they try and hide, to justice,” said FBI Tampa Division Special Agent in Charge David Walker.
This case was investigated by the Internal Revenue Service – Criminal Investigation’s Tampa and Oakland Field Offices, and the FBI Tampa Field Office. Special assistance was provided by the IRS - CI Washington, D.C. and Los Angeles Field Offices, and Homeland Security Investigations (HSI), Tampa Field Office. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs. It was prosecuted by Assistant United States Attorney Rachel Jones.
Four Men Arrested in Transnational Wire Fraud and Identity Theft ConspiracyRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of four indictments charging Akinola Taylor (Nigeria), Olayemi Adafin (United Kingdom), Olakunle Oyebanjo (Nigeria), and Kazeem Olanrewaju Runsewe (Nigeria), with conspiracy to commit wire fraud, filing false claims with the United States, theft of public money or property, and aggravated identity theft. Taylor, Adafin, and Runsewe, were each arrested on November 30, 2022, and Oyebanjo was arrested on December 1, 2022. Taylor, Adafin, and Oyebanjo were apprehended in London, United Kingdom, and Runswewe was apprehended in Malmo, Sweden. Each will face extradition proceedings. In conjunction with the arrests, foreign authorities conducted searches of the residences of Taylor and Runsewe.
If convicted, each faces a maximum penalty of 20 years in federal prison for the wire fraud count, as well as additional penalties for the remaining counts. The indictments also notify the defendants that the United States intends to forfeit assets which are alleged to be traceable to proceeds of the offense.
According to the indictments, Taylor and Runsewe obtained unauthorized access to United States businesses’ computer servers, participated in stealing from those servers the personally identifying information of United States residents and used that information to file false and fraudulent Internal Revenue Service (IRS) Form 1040, United States Individual Income Tax Returns (“Form(s) 1040”) seeking income tax refunds with the IRS. Adafin and Oyebanjo assisted in the collection fraud proceeds directed to prepaid debit cards in their possession or to addresses or bank accounts they controlled or to which they had access and transferred a share of the fraud proceeds to other conspirators.
One of the places that Taylor and Runsewe had obtained unauthorized access to computer servers was the xDedic Marketplace, a website that operated for years and was used to sell access to compromised computers worldwide and personally identifiable information of U.S. residents. The xDedic administrators strategically maintained servers all over the world to facilitate the operation of the website.
The xDedic Marketplace was taken down as part of coordinated, global enforcement operations led by the FBI (Tampa Division) the IRS-CI (Tampa Field Office) and the U.S. Attorney’s Office for the Middle District of Florida.
The investigation was led by the IRS-CI Cyber Crimes Unit (Washington, D.C). Substantial assistance was provided by the IRS-CI Tampa Field Office, the FBI Tampa Division, the Department of Justice’s Office of International Affairs, IRS-CI International Operations at Mission UK and Canada, Homeland Security Investigations (HSI), the United Kingdom’s National Extradition Unit, the United Kingdom’s Eastern Region Special Operation Unit, the United Kingdom’s North West Regional Organized Crime Unit, and the Swedish Economic Crime Authority.
The cases will be prosecuted by Assistant United States Attorney Rachel Jones.
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.
Ecuadorian National Sentenced to over 16 Years for Trafficking Cocaine on the High SeasRead the Press Release
Tampa, FL – U.S. District Judge Charlene E. Honeywell has sentenced Jose Luis Pinargote-Baquerizo (37, Ecuador) to 16 years and 4 months in federal prison for conspiring to possess with the intent to distribute over 2,700 kilograms of cocaine. Pinargote had pleaded guilty on August 23, 2022.
According to court documents and information offered in open court, between June and September 2017, Pinargote conspired to traffic over 2,700 kilograms of cocaine by three different vessels through the Eastern Pacific Ocean (photographs directly below). These cocaine-laden vessels left the shores of Tumaco, Colombia, with a destination of Mexico. On these three drug trafficking ventures, Pinargote hired six Ecuadorian mariners who set sail from Colombia to Mexico, paying them in U.S. dollars for their participation. Pinargote often kept a portion of this payment as a fee. He also provided logistical support for transporting the mariners from Ecuador to Colombia, arranging and paying for their transportation and hotels. Pinargote personally shepherded these mariners from Ecuador to Colombia, and on one occasion accompanied them directly into Tumaco, Colombia.
On August 8, 2019, in the Eastern Pacific Ocean, Pinargote was found on board a cocaine-laden vessel (1,029 kilograms) by the Colombian Navy (photograph directly below). Pursuant to an outstanding provisional arrest warrant, Pinargote was sent to a Colombian jail to await extradition to the United States.
On August 24, 2020, while awaiting extradition to the United States, Pinargote was inadvertently released from a Colombian jail. However, on February 6, 2022, he was interdicted in the Eastern Pacific Ocean on board a self-propelled semi-submersible (SPSS) vessel by the Colombian Navy, this time with 3,764 kilograms of cocaine on board (photograph directly below).
Pinargote was again arrested pursuant to the outstanding provisional arrest warrant, sent back to jail in Colombia, and extradited to the United States on March 2, 2022. In total, Pinargote is responsible for trafficking over 7,500 kilograms (or 17,000 pounds) of cocaine, which is worth approximately $225,000,000 USD.
This case was investigated by the United States Coast Guard and the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs. The Narcotics and Dangerous Drug Section’s Judicial Attaché’s Office in Colombia also assisted in facilitating the extradition. 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 Attorney David Pardo.
Lake Helen Man Sentenced to Federal Prison for Selling Firearms Without A LicenseRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Charles Edward Palmatier (74, Lake Helen) to one year and one day in federal prison for dealing in firearms without a license. Palmatier had pleaded guilty on September 7, 2022.
According to court documents, On July 28, 2021, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) met with Palmatier and explained that if he wanted to continue to sell firearms he would have to apply for a Federal Firearms License (FFL). Despite that meeting, Palmatier continued to sell firearms at the Volusia Flea Marked in Deland, Florida. The ATF, along with the Volusia Bureau of Investigation (VBI), began investigating Palmatier and conducted multiple controlled purchases from Palmatier at the Volusia Flea Market from February 2, 2022, through June 8, 2022. At least two of the firearms purchased from Palmatier were subsequently linked to usage in two separate crimes. Palmatier admitted that he would profit $50 to $75 per firearm that he sold.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Volusia Bureau of Investigation. It was prosecuted by Assistant United States Attorney Beatriz Gonzalez.
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 Man Sentenced to Five Years in Federal Prison for Selling Machinegun-Conversion Device to Undercover AgentRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Darnell Donya Rice, Jr. (28, Jacksonville) to five years in federal prison for possession and transfer of a device designed for use in converting a weapon into a machinegun and making a false written statement to a federally licensed firearms dealer during the acquisition of a firearm. Rice had pleaded guilty on August 22, 2022.
According to court documents, on November 30, 2021, a confidential informant and an undercover special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) met with Rice outside of his home in Jacksonville. The confidential informant asked Rice if they could purchase two 9mm firearms that day. Rice declined, explaining that it was too late in the day, but asked if the pair knew anyone with a “Glock,” referring to a Glock semiautomatic pistol. Rice explained that he had a Glock “switch” for sale. A Glock “switch” or “auto-switch” is a device that, when properly installed on the rear slide portion of a Glock pistol, converts the pistol into a machinegun, allowing the weapon to automatically shoot more than one round of ammunition with a single pull of the trigger. The undercover agent proposed buying the switch that day and a Glock pistol the next day for a total sale price of $1,800. After Rice agreed, he retrieved a Glock switch from inside his home and provided it to the agent, who gave him $1,000.
The following day, the undercover ATF agent met again with Rice and paid him $800 in advance for the Glock pistol. Rice then went to a federally licensed gun store and purchased a Glock 9mm semiautomatic pistol for $542.82. In connection with the transaction, Rice completed and signed a Firearms Transaction Record (also known as ATF-Form 4473). On that form, Rice falsely affirmed that he was the actual buyer of the pistol, never disclosing that, in truth, he was buying it for the undercover agent. Afterwards, Rice met with the agent and gave him the newly purchased Glock pistol.
On December 9, 2022, shortly before 2:00 p.m., several law enforcement agents and officers drove in multiple vehicles to Rice’s home to execute a search warrant. As they were arriving, Rice, who was in the front of his home, pointed a loaded pistol toward an approaching van that contained four federal agents. After subduing and arresting Rice, agents and officers search his home. Inside, they found a total of 23 additional firearms, including 17 semiautomatic pistols, 5 semiautomatic rifles, and a shotgun. One of the pistols had an obliterated serial number. One of the semiautomatic rifles was equipped with a bump stock-type device – a device designed to enable the rifle to shoot more than one shot with a single pull of the trigger, making it a machinegun. In addition to the 23 firearms (9 of which were loaded), the agents located more than 3,400 rounds of ammunition in the home.
Investigators have determined that beginning no later than 2018 until his arrest in 2021, Rice was engaged in the business of dealing firearms without a federal license, specifically, by frequently buying and selling firearms for profit. He used social media accounts to offer firearms and ammunition for sale and to communicate with customers. When interviewed by ATF agents, Rice stated that he had been buying and selling guns since he was 18 years old and estimated that he had bought and sold hundreds of guns, obtaining them from a variety of sources. Records from one gun store in Jacksonville show that Rice had purchased 77 firearms from that single location, paying a total of approximately $29,515. Those records show that Rice had made the bulk of his purchases with cash, at times purchased more than one firearm at a time (as many as four at a time), and often purchased the identical make and model of firearm multiple times.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jacksonville Sheriff’s Office, the Florida Highway Patrol, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
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.
Ten-Time Convicted Felon Sentenced to Fifteen Years in Federal Prison for Possessing A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Covington Hernandez today sentenced Christopher Deon Townsel (47, Sarasota) to 15 years in federal prison for unlawful possession of a firearm by a convicted felon. The court also ordered Townsel to forfeit a Hi-Point C9, a 9mm pistol, and assorted ammunition, which were traceable to the offense. Townsel had pleaded guilty on May 24, 2022.
According to court documents, on December 1, 2018, deputies from the Manatee County Sheriff’s Office were conducting surveillance at a hotel in Manatee County, looking for a fugitive. The deputies observed a vehicle pull up to the hotel, and a woman leave the hotel and enter into the vehicle. The deputies smelled marijuana coming from the vehicle as the woman opened the passenger door. The deputies approached the vehicle and ordered the driver to stop as the driver began to drive away. The driver stopped the vehicle and deputies observed Townsel in the driver’s seat. One of the deputies observed a black firearm on the driver’s side floorboard of the car. The deputy also observed bags of marijuana in the car.
A crime scene technician swabbed the firearm for DNA and a DNA analyst compared Townsel’s DNA to the samples obtained from the grip of the firearm. Results of the test revealed that Townsel was a contributor from the DNA profile obtained from the grip of the firearm. The firearm had previously been reported stolen. Because Townsel had previously been convicted of several felonies, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Marion County Convicted Felon Enters Plea for Illegally Possessing A Firearm and AmmunitionRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces that Justin Heath Griffin (35, Ocklawaha) has entered a guilty plea to an indictment charging him with one count of possessing a firearm and ammunition affecting interstate commerce by a convicted felon. This charge is punishable by up to 10 years in federal prison. Griffin was indicted on July 19, 2022. He will be sentenced on March 9, 2023, before Senior United States District Judge Gregory A. Presnell.
According to court records, on March 3, 2022, officers from the City of Ocala Police Department arrested Griffin for driving without a valid driver's license. Following the arrest, the officers discovered that Griffin possessed a loaded firearm, ammunition, drug paraphernalia, and methamphetamine. Griffin has eight prior state felony convictions, including possession of a firearm by a violent offender (2006) and armed robbery (2007). As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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.
Lake City Man Pleads Guilty to COVID Relief Fraud Involving Fraudulently Obtained Paycheck Protection Program LoanRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Jacob Deandre Byrd (20, Lake City) has pleaded guilty to wire fraud involving COVID Relief Fraud through the Paycheck Protection Program. Byrd faces up to 20 years in federal prison and payment of restitution to the United States government. Byrd has agreed to forfeit $20,833, representing the proceeds of the offense.
According to court documents, in April 2021, Byrd submitted a Paycheck Protection Program (PPP) loan application to a lender authorized by the Small Business Administration to lend funds for approved PPP loan applications. The PPP loan application falsely claimed that Byrd operated his own business, “Jacob’s Beauty.” Throughout the loan application Byrd made multiple false statements regarding his purported gross income and expenses associated with operating Jacob’s Beauty. In support of his PPP loan application, Byrd submitted a false IRS Form 1040 “Profit or Loss From Business” for Jacob’s Beauty. It contained false statements about operating expenses, gross income, and wage expenditures for his purported business. In truth, Jacob’s Beauty did not exist. In reliance on the false statements in his PPP loan application, the Small Business Administration funded a PPP loan for Jacob’s Beauty totaling $20,833. After receiving the PPP loan proceeds into his bank account, Byrd began making withdrawals and spending the funds on personal expenses.
This case is being prosecuted as part the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act relief programs. The CARES Act is a federal law enacted in March 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One of the two programs that were developed through CARES Act is the PPP. It provides funding to businesses through PPP loans for payroll costs, interest on mortgages, rent and utilities. PPP allows the interest and principal on loans to be forgiven if the business spends proceeds on certain expense items within a designated time and uses a certain percentage of the loan on payroll expenses. The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.
This case was investigated by Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Kevin C. Frein. The forfeiture is being handled by Assistant United States Attorney Mai Tran.
Jacksonville Man Sentenced to 12 Years in Federal Prison on Bank Fraud and Aggravated Identity Theft ChargesRead the Press Release
Jacksonville, Florida – Chief U.S. District Judge Timothy J. Corrigan has sentenced Damien Deshaun Dennis (43, Jacksonville) to 12 years in federal prison for bank fraud and aggravated identity theft. Dennis was also ordered to pay restitution to the victims he defrauded. Dennis was arrested by the United States Secret Service Jacksonville Field Office on April 11, 2022, and ordered detained pending the outcome of his case. He had pleaded guilty on July 12, 2022.
According to court documents and evidence presented at the sentencing hearing, on August 9, 2021, Dennis entered a Community First Credit Union (CFCU) branch in Jacksonville. Using the identity of G.M., Dennis explained that he wanted to open a bank account. He then presented a counterfeit South Carolina driver license containing a picture of Dennis, but in the name of and containing the genuine date of birth of G.M. Dennis also provided a fraudulent document showing a home address in Jacksonville and a fraudulent pay document outlining his purported employment at a company in Jacksonville. After completing a “New Membership Application” using G.M.’s identity, including his Social Security number, CFCU approved the bank account application. Dennis then applied for a personal loan, stating he needed to pay for an upcoming wedding. In reliance on his false statements, the counterfeit driver license, and accompanying fraudulent documents, CFCU approved the personal loan in the name of G.M. for $20,000. Dennis subsequently made a cash withdrawal of $20,000 and left the branch.
On September 2, 2021, Dennis went to a different CFCU branch in Jacksonville. Using the identity of J.C., Dennis again explained that he wanted to open a bank account. He then presented a counterfeit Pennsylvania driver license containing a picture of Dennis, but in the name of and containing the genuine date of birth of J.C. Dennis also provided fraudulent documents in support of opening the bank account. CFCU employees became suspicious of Dennis and contacted the Jacksonville Sheriff’s Office (JSO). A JSO officer responded and spoke with Dennis who provided the officer with the victim’s name and the counterfeit Pennsylvania driver license. While Dennis and the officer were conferring outside of the credit union, Dennis fled from the officer, running through eight lanes of traffic on Beach Boulevard and into a residential neighborhood with the officer in pursuit. JSO air, canine, and ground units responded to the neighborhood. After a 20-minute search of the area, Dennis was apprehended and taken into custody. Further investigation by law enforcement determined that Dennis had attempted to open bank accounts at two additional financial institutions, using stolen identities.
In 2008 the U.S. Attorney’s Office, Jacksonville Division prosecuted Dennis, as part of a case involving a conspiracy to produce and pass counterfeit corporate checks. Dennis was convicted and sentenced to five years in federal prison in 2009.
“The Secret Service works hand in hand with the U.S. Attorney’s Office to vigorously apprehend and prosecute prolific criminals like this defendant. This type of sentence sends the perfect message to both the victims in this case and any future criminals who think about engaging in aggravated identity theft here in North Florida,” stated E. Joseph Scargill, Special Agent in Charge, U.S. Secret Service Jacksonville Field Office.
This case was investigated by the Jacksonville Sheriff’s Office and the United States Secret Service - Jacksonville Field Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Dentist Indicted for Tax EvasionRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Frantz Brignol with one count of tax evasion and one count of failing to file a tax return. If convicted, Brignol faces up to six years in federal prison.
According to court records, despite successful dental practices in multiple counties, Brignol amassed almost $900,000 in tax liabilities to the IRS. Between approximately 2014 and 2020, Brignol evaded his tax payments by hiding hundreds of thousands of dollars in his mother’s bank accounts (for which he had signatory authority), trading funds overseas, and failing to disclose another bank account to the IRS. Despite an annual income of more than $200,000 in calendar year 2020, Brignol also failed to file an income tax return as required under federal law.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Convicted Felon Pleads Guilty to Possessing Firearms After Being Reported for Illegal Gun SalesRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Robert Humberston (39, Sarasota) has pleaded guilty to unlawful possession of a firearm by a convicted felon. Humberston faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, in March 2021, law enforcement officers recovered three firearms from a felon during a probation search. The felon – who was prohibited from possessing firearms – informed the officers that he had purchased all three firearms from Humberston, and that he had purchased one of the firearms as recently as early January 2021. The felon showed law enforcement officers a series of Facebook messages where Humberston arranged for the sale of the firearm. Officers secured a search warrant for Humberston’s Facebook account. The Facebook account contained several pictures of Humberston holding various firearms. The account also contained numerous posts and messages relating to the sale of firearms. Law enforcement officers discovered the chain of messages where Humberston agreed to sell the firearm to the felon from early January 2021.
Humberston was previously convicted of multiple felonies. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Charlie D. Connally.
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.
Ponte Vedra Beach Contract Postal Carrier Indicted on Theft of Mail ChargeRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an
indictment charging Kori Ann Moreno (26, Ponte Vedra Beach) with theft of mail over an eight-month period. If convicted, Moreno faces up to five years in federal prison and payment of restitution to the victims in the case. She was arrested on November 29, 2022, by agents from the United States Postal Service – Office of Inspector General and subsequently released on a bond.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 United States Postal Service – Office of Inspector General. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.
Orange Park Man Sentenced to 6 Years in Federal Prison for Receiving Child Sexual Abuse Images and Videos over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Charles LeLande Boston (32, Orange Park) to six years in federal prison for receiving child sex abuse images. Boston was also ordered to serve a five-year term of supervised release and register as a sex offender. In addition, Boston was ordered to pay $23,000 in restitution to the victims of his offense. He was arrested on August 12, 2021, and ordered detained pending the outcome of this case. He had pleaded guilty on July 28, 2022.
According to court documents, the Clay County Sheriff’s Office (CCSO) conducted an online investigation on a file-sharing network for files containing materials depicting the sexual abuse of children. In January, March, and April 2021, a CCSO detective connected with a computer that had files depicting the sexual abuse of children available for sharing over the internet. Homeland Security Investigations (HSI) and CCSO later executed a search warrant at the residence connected to that computer and Boston was determined to be the owner of the computer. An examination of Boston’s computer revealed a folder of downloaded files from the internet containing approximately 80 files depicting the sexual abuse of children.
“Sexual predators who victimize children have no place in our society or in our communities,” said Homeland Security Investigations (HSI) Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to our outstanding partnership with the Clay County Sheriff’s Office, we were able to stop another pedophile from targeting our children.”
This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Ashley Washington.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jury Convicts Armed Fentanyl Trafficker of Causing Fatal OverdoseRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Justin Kelly (35, New Port Richey) guilty of conspiracy to distribute 40 grams of fentanyl resulting in death, distribution of fentanyl resulting in death, three counts of possession/distribution of fentanyl, and possessing a firearm as a convicted felon. Due to his six prior felony convictions for cocaine distribution in two separate cases, Kelly faces a mandatory sentence of life in federal prison. His sentencing hearing is scheduled for February 17, 2023. Kelly had been indicted on June 24, 2021.
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 in New Port Richey 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 and made recorded purchases of fentanyl from him. 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.
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. 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 is being prosecuted by Assistant United States Attorneys Lauren Stoia and Dan Baeza.
St. Pete Armed Career Criminal Sentenced to More Than 22 Years in Prison for Possessing A FirearmRead the Press Release
Tampa, FL – U.S. District Judge Katherine Kimball Mizelle has sentenced Aunyis Cherry (27, Clearwater) to 22 years and 11 months in prison, followed by 5 years of supervised release, for being a felon in possession of a firearm. Cherry also has been ordered to forfeit the firearm. A jury found Cherry guilty on June 16, 2022.
According to testimony and evidence presented at trial, Cherry drove a car with a counterfeit license plate in the area of 14th Street South in St. Petersburg. A uniformed detective with the St. Petersburg Police Department arrived in the area to conduct a traffic stop and Cherry fled from the car but was apprehended. The vehicle’s owner couldn’t be determined, and an inventory search revealed a loaded FN Herstal pistol. The jury heard testimony that Cherry’s DNA was located in three places on the firearm, including the handle and trigger. As a previously convicted felon, Cherry is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the St. Petersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Mike Gordon and Craig Gestring and was tried by Assistant United States Attorneys Samantha Beckman and James Preston.
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.
Former Hillsborough County Elementary School Head Custodian Sentenced for Receiving and Possessing Child Sexual Abuse MaterialsRead the Press Release
Tampa, Florida– U.S. District Judge Charlene Honeywell has sentenced Charles Currie (66, Tampa) to eight years and one month in federal prison, followed by 15 years of supervised release, for receipt and possession of child sexual abuse material. Currie is required to register as a sex offender. The court also ordered Currie to forfeit multiple electronic devices, which were used to commit the offenses. Restitution will be ordered by the Court at a hearing scheduled for February 3, 2023. Currie had pleaded guilty on August 19, 2022.
According to court documents, in February 2016, Currie received a video approximately 6 minutes in length via a peer-to-peer networking application that depicted prepubescent minors being sexually abused. As of January 2021, Currie also possessed multiple electronic devices containing approximately 2,452 images and 1,595 videos of child sex abuse material, including images and videos depicting toddlers and bondage.
“Removing this predator from the streets, and out of the school where he was employed, is a win for the community,” said Homeland Security Investigations (HSI) Tampa Assistant Special Agent in Charge Kristopher Pagitt. “We appreciate our partners at the Tampa Police Department in the successful investigation and prosecution of this case.”
This case was investigated by Homeland Security Investigations (HSI), with assistance from the Tampa Police Department. It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel.
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.
Federal Jury Convicts Tampa Man of Double MurderRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Jy’Quale Samari Grable (20, Tampa) guilty of conspiracy, robbery, and first-degree premediated murder. Grable faces a mandatory minimum sentence of life in federal prison. His sentencing hearing is scheduled for February 16, 2023. Jy’Quale Grable was indicted on February 1, 2022.
According to testimony and evidence presented at trial, on December 22, 2020, Jy’Quale Grable, Elijah Bell and Aquavious Smith drove to the Valrico Station Apartments in Brandon, Florida to conduct a robbery. Grable and Smith went to the victim’s third floor apartment, while Bell stayed in the car. On the back patio of the apartment, Grable shot B.B. in the neck, severing his spinal cord, and killing him instantly. Grable then shot M.M. in the chest, perforating his heart and lung, which also lead to his death. At approximately 9:00 p.m., neighbors heard the gun shots, and observed blood dripping down from the third floor back balcony apartment. Hillsborough County Sheriff deputies immediately responded and secured the scene.
According to evidence presented at trial, Grable later deleted Snap Chat messages and phone calls from his phone, had family members dispose of the murder weapon, and burned his bloody clothing.
Elijah Bell pleaded guilty on April 13, 2022, and Aquavious Smith did so on June 7, 2022. Both are pending sentencing.
This case was investigated by the Drug Enforcement Administration and the Hillsborough County Sheriff’s Office, with assistance from the Hillsborough County Medical Examiner’s Office, Manatee County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Diego F. Novaes and David P. Sullivan.
Tarpon Springs Man Charged with Distributing and Possessing Sexual Abuse MaterialsRead the Press Release
Tampa, Florida –United States Attorney Roger B. Handberg announces the return by a grand jury of an indictment charging Ian Grantz (24, Tarpon Springs) with distribution of sexual abuse materials and possession of child sexual abuse materials. If convicted on all counts, Grantz faces a mandatory minimum penalty of 5 years, and up to 20 years in federal prison. The indictment also notifies Grantz that the United States intends to forfeit an iPhone, which is alleged to be traceable to proceeds of the offense.
According to the indictment and court proceedings, an investigation began due to Grantz posting child sexual abuse material images depicting infants and toddlers being sexually abused on his Tumblr account. Agents conducted a residential search warrant, during which Grantz provided his cell phone for forensic review. An analysis of the cell phone revealed additional child sexual abuse material images, including pornographic images of a child living in the Tampa Bay area. Grantz admitted to distributing and possessing child sexual abuse images.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Abigail K. King.
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.projectsafechildhood.gov.
North Redington Shores Man Pleads Guilty in Murder-For-Hire and Fraud SchemesRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Alexander Lesczcynski (24, North Redington Beach) has pleaded guilty in two cases against him. In a case pending before U.S. District Judge Mary Scriven, Lesczcynski pleaded guilty to wire fraud, bank fraud, and money laundering. In a second case pending before U.S. District Judge James Moody, Lesczcynski pleaded guilty to murder-for-hire and obstruction of justice. Lesczcynski faces a maximum penalty of 30 years in federal prison in the fraud case, and up to, 10 years’ imprisonment in the murder-for-hire case.
According to the court documents, Lesczcynski used fictitious charitable entities, including Love & Bliss, Inc., to engage in numerous frauds. The schemes included fraudulently applying for and receiving two Payroll Protection Plan (“PPP”) loans totaling approximately $195,910, and engaging in a check-kiting scheme and attempting to deposit $2.7 million of worthless checks into the Love & Bliss, Inc. business account. Lesczcynski laundered the proceeds of the PPP and check-kiting schemes through multiple accounts in an effort to conceal those proceeds from the United States and forestall its recovery. The United States ultimately seized $337,000 from an account Lesczcynski controlled and, when he discovered that the money had been frozen, he attempted to have it released by producing a fabricated pardon purportedly signed by former President Donald Trump.
In a separate fraud scheme, Lesczcynski filed fraudulent warranty deeds purporting to deed to himself and his businesses ten properties around the United States collectively valued at more than $300 million. When property owners and attorneys attempted to correct the fraudulent deeds, Lesczcynski responded by sending harassing and threatening letters, emails, and faxes. Among the victims of Lesczcynski’s deed scheme were Victim 1 and Victim 2.
In April 2022, a grand jury in the Middle District of Florida charged Leszczynski with several crimes related to the above-described fraud scheme, including fraud related to the property owned by Victim 1 and Victim 2, in case, United States v. Alexander Leszczynski, 8:22-cr-155-MSS-SPF. He was arraigned on May 17, 2022, and ordered detained.
In August 2022, the FBI became aware that while incarcerated at the Pinellas County Jail, Leszczynski sought out a hitman to kill Victim 1 and Victim 2. Leszczynski reported to a confidential informant that he had $45,000 hidden at his residence available to pay someone to kill the victims. Leszczynski relayed to the confidential informant that his pending criminal case (the fraud case) would have to be dropped if the victims were dead. The confidential informant agreed to put Leszczynski in contact with a purported hitman, who was an undercover agent.
On September 8 and 9, 2022, Lesczcynski had calls with the undercover agent. Among other details, Lesczcynski shared Victim 1 and Victim 2’s name, address, physical descriptions, approximate ages, and provided additional details that would allow the undercover agent to find photographs of Victim 1 and Victim 2 online. Lesczcynski also negotiated price, settled on paying $30,000, and repeatedly ensured the undercover agent that he wanted Victim 1 and Victim 2 dead.
The fraud case was investigated by the Federal Bureau of Investigation, the Largo Police Department, the Indian Shores Police Department, and the Palm Beach Police Department. It will be prosecuted by Assistant United States Attorney Rachel Jones. The murder-for-hire case was investigated by the Federal Bureau of Investigation and the Pinellas County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Shauna S. Hale.
Moldovan National and Technical Mastermind of xDedic Marketplace Extradited from SpainRead the Press Release
Tampa, Florida –United States Attorney Roger B. Handberg along with Special Agent in Charge Brian Payne, IRS-Criminal Investigation, Tampa Field Office, and Special Agent in Charge David Walker, FBI-Tampa Division, announces the arrest and extradition from Spain of Alexandru Habasescu (30, Moldova). Habasescu is charged in a superseding indictment with conspiracy to commit access device fraud and substantive counts of access device fraud, for his role as an administrator of the xDedic Marketplace. If convicted on all counts, Habasescu faces a maximum penalty of 15 years in federal prison. The indictment also notifies the defendant that the United States is seeking an order of forfeiture of the proceeds and facilitating property of the fraud.
Habasescu was taken into custody by Spanish authorities in Tenerife, Canary Islands on March 14, 2022, and extradited to the United States pursuant to the extradition treaty between the United States and Spain.
According to public documents, the xDedic Marketplace, established around October 2014, illegally sold login credentials (usernames and passwords) to compromised servers and social security numbers belonging to U.S. citizens. Habasescu, who resided in Chisnau, Moldova, acted as the lead developer and technical mastermind for the Marketplace.
Under U.S. law, fraudulently obtained passwords and social security numbers are considered unauthorized access devices. Once purchased, criminals used these credentials to facilitate a wide range of illegal activity that included tax fraud, credit card fraud, and ransomware attacks. In total, Marketplace offered over 700,000 compromised credentials for sale—including at least 150,000 in the United States and at least 8,000 in the State of Florida. The victims span the globe and all industries, including local, state, and federal government infrastructure, hospitals, 911 call centers and emergency services, major metropolitan transit authorities, accounting and law firms, pension funds, and universities.
The xDedic Marketplace operated across distributed infrastructure and utilized Bitcoin in order to hide the locations of its underlying servers and the identities of its administrators, buyers, and sellers. Buyers could search for compromised computer credentials on xDedic by desired criteria, such as price, geographic location, and operating system. On January 24, 2019, seizure orders were executed against the domain names of the xDedic Marketplace, effectively ceasing the website’s operation. The international operation to dismantle and seize this infrastructure was the result of close cooperation with law enforcement authorities in Belgium and Ukraine, the European law enforcement agency Europol, the National High Tech Crime Unit from the Dutch National Police and the German Bundeskriminalamt provided assistance in the operation to seize xDedic’s infrastructure.
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.
The U.S. investigation was led by the IRS-Criminal Investigation and the FBI-Tampa Division, with assistance from the IRS-Criminal Investigation’s Cyber Crimes Unit from the Washington D.C Field Office. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs and Homeland Security Investigations (HSI).
The investigation is being overseen by Assistant United States Attorneys Rachel Jones and Carlton Gammons. Asset forfeiture will be handled by Assistant United States Attorney Suzanne Nebesky.
Mexican National Sentenced to More Than 12 Years for Role in Methamphetamine Importation ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Ubertino Zavala-Perez (59, Plant City, Florida) to more than 12 years in federal prison for conspiracy to distribute methamphetamine. Zavala-Perez pleaded guilty on August 31, 2022.
According to court documents, Ubertino Zavala-Perez conspired with individuals in Mexico and others to distribute and import methamphetamine from Mexico. On March 30, 2022, Zavala-Perez sold half a kilogram of methamphetamine imported from Mexico in a controlled purchase for $3,750. On April 1, 2022, Zavala-Perez agreed to sell one kilogram of methamphetamine in another controlled purchase. A search of his residence, including a storage shed on the property revealed two loaded firearms and additional quantities of methamphetamine. The defendant further admitted to storing his methamphetamine in an off-site storage unit and inside a shed located on his residence. Inside the shed, law enforcement discovered freeze-dried bags containing methamphetamine. After his arrest, Zavala-Perez admitted to receiving methamphetamine from co-conspirators in Mexico and elsewhere in the United States.
This case was investigated by the Drug Enforcement Administration and the Plant City Police Department. It was prosecuted by Assistant United States Attorney David W.A. Chee.
Jacksonville Man Indicted on Aggravated Identity Theft and Fraud Charges Involving Identification DocumentsRead the Press Release
Jacksonville, Florida –United States Attorney Roger B. Handberg announces the return by a grand jury of an indictment charging Jerry Cintron Colon (42, Jacksonville) with aggravated identity theft, false representation of a Social Security number (SSN), and fraud involving identification documents. If convicted, Colon faces up to 15 years in federal prison for the fraud count, and up to 5 years’ imprisonment on the false SSN representation count, and a consecutive mandatory minimum penalty of 2 years’ imprisonment for the aggravated identity theft count. Colon was arrested and made his initial appearance in federal court on November 21, 2022, and was released on bond.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations (HSI). It will be prosecuted by Assistant United States Attorney Kevin C. Frein.
Georgia Woman Convicted for Role in International Conspiracy to Launder Proceeds of “Boiler Room” FraudRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Rachael Maia Winslow (55, Roswell, Georgia) guilty of conspiracy to commit money laundering. Winslow faces a maximum penalty of 20 years in federal prison. Her sentencing hearing will be set at a later date. Winslow was indicted on May 20, 2020.
According to the testimony and evidence presented at trial, Winslow was a member of an international conspiracy to launder funds generated via boiler room fraud. The boiler rooms sold foreign victims what they were led to believe were legitimate investments, such as shares or stock in reputable companies such as Facebook, Chesapeake Energy, or Toys R Us. In fact, the investments were worthless, and the boiler rooms defrauded victims of over $14 million dollars, at least $4.7 million of which passed through accounts controlled by Winslow.
Winslow formed shell companies in various states, and then opened bank accounts in the names of those shell companies for the purpose of receiving fraud proceeds from victim-investors. Fraud proceeds were then wired back overseas and used to pay expenses and boiler room workers and otherwise perpetuate the scheme. Fraud proceeds were also wired to accounts controlled by coconspirators in the money laundering operation in the United States and overseas, including to Winslow’s overseas accounts, to compensate them for their roles in the conspiracy and otherwise for their personal enrichment. Winslow participated in this scheme while living in Barcelona, Spain, and in Miami, Florida.
The testimony and evidence presented at trial also proved that certain assets the United States is forfeiting from the defendant, specifically, $525,595.62 seized from an account in the name of Guardian Holdings, LLC, and $222,013.19 seized from an account in the name of First Assured Contact, LLC, are traceable proceeds of the offense.
This case was investigated by Homeland Security Investigations (HSI), the Internal Revenue Service – Criminal Investigation, and U.S. Customs and Border Protection. It is being prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and David W.A. Chee.
Former Bookkeeper and Husband Sentenced to Federal Prison for Wire Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung has sentenced Desiree Madiedo (45, Brooksville) to serve one year and one day in federal prison for wire fraud. Earlier, on November 8, 2022, Judge Jung sentenced Desiree Madiedo’s husband, Christopher Madiedo (47, Brooksville), to 30 months in federal prison for his role in the wire fraud scheme. As part of their sentences, the court also ordered the Madiedos to pay full restitution in the amount of $342,155 to the victim company and entered an order of forfeiture in the same amount, representing the proceeds of the couple’s wire fraud scheme. Desiree Madiedo was found guilty on June 3, 2022. Christopher Madiedo was found guilty on September 8, 2022.
According to court documents, Desiree Madiedo was hired in 2004 by Company 1, a worldwide agribusiness, to work in the company’s Tampa office. There, she initially worked as a receptionist and was later assigned to work in the company’s accounting and office management department where she handled the Tampa office’s accounts receivable and accounts payable. Around 2014, Desiree Madiedo’s duties and responsibilities were expanded to include administration and reconciliation of Company 1’s credit card account. Around the same time, she caused Company 1 to establish an automatic monthly payment to be made from its bank account to cover charges made by Company 1 employees against its credit cards. From then and until around January 2018, the Madiedos utilized Desiree Madiedo’s company credit card to purchase approximately $342,155 in personal items and services, which were not valid business-related expenditures.
In an effort to conceal the purchases of personal items and services by herself and her husband, Desiree Madiedo continued to collect and reconcile all of the other Company 1 employees’ expense account reports, enter appropriate business expenditures made by the employees into Company 1’s books and records, and ensure that the entire outstanding balance due the credit card company—which included charges made by the Madiedos against the company’s credit card account for personal items and services—was paid in full.
This case was investigated by the United States Secret Service and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Jay G. Trezevant. Assistant United States Attorney James A. Muench is handling the asset forfeiture.
Seffner Man Pleads Guilty to Aggravated Identity TheftRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Raul Gonzalez (63, Seffner) has pleaded guilty to one count of aggravated identity theft. Gonzalez faces a mandatory sentence of two years in federal prison.
According to the plea agreement, Gonzalez applied for a United States passport on January 31, 2019. He used the identity of his deceased twin brother, Miguel Angel Gonzalez Rodriguez, in his passport application. Gonzalez also presented a driver license in his brother’s name and a baptism certificate bearing his deceased brother’s name and identity. United States Department of State investigators became aware of the possibility of fraud in this application and began an investigation. Their investigation revealed that Miguel Gonzalez was born on the same date as Raul Gonzalez but that Miguel had died a few days later due to dehydration and gastroenteritis. Further investigation revealed that this same “Miguel Gonzalez,” with the same date of birth and other similar identifiers, had applied over different points in time for Social Security, SNAP, and Medicaid/Medicare benefits. This purported “Miguel Gonzalez” then obtained over $145,000 from those various federal benefits programs using that false identity. As part of his plea agreement with the United States, the defendant has agreed to pay restitution to those agencies for those losses.
This case was investigated by the U.S. Department of State Diplomatic Security Service, with assistance from the U.S. Department of Agriculture – Office of Inspector General, the U.S. Health and Human Services – Office of Inspector General, Social Security – Office of Inspector General, and further assistance from the Florida Highway Patrol and the Florida Department of Highway Safety and Motor Vehicles. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Third Conspirator in Attempted $600,000 Cocaine Purchase Sentenced to 19 Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Derek Morales-Figueroa (26, Orlando) to 19 years and 7 months years in federal prison for conspiracy to distribute cocaine. Morales-Figueroa had pleaded guilty on May 10, 2022.
According to the plea agreement and other court documents, beginning on September 11, 2020, Morales-Figueroa and a co-conspirator, Jacob Luis Bonilla-Rivera, engaged in a series of phone calls with individuals they believed to be cocaine dealers but who were, in fact, undercover agents working on behalf of Homeland Security Investigations (HSI). These discussions culminated in an agreement to purchase 20 kilograms of cocaine in Orlando. On September 16, 2020, HSI agents met with Bonilla-Rivera and Juan Omar Rodriguez, Jr. (21, Auburndale, Florida, where the conspirators showed HSI agents the $600,000 in cash they had brought to the deal in a hidden compartment in one of their vehicles. After doing so, Bonilla-Rivera and Rodriguez proceeded to a location where HSI agents had arranged to show them the 20 kilograms of cocaine to be purchased. Morales-Figueroa participated in inspecting the cocaine by video conferencing on one of the conspirator’s phones. After inspecting the cocaine, Bonilla-Rivera and Rodriguez returned to their car to retrieve the cash from the hidden compartment when they were arrested. Upon searching both vehicles, HSI agents found that both Bonilla-Rivera and Rodriguez had loaded firearms in their possession in the vehicles they had driven to the meeting, along with a total of $639,325 cash.
On September 17, 2020, Bonilla-Rivera and Rodriguez were charged for their roles in the conspiracy. Bonilla-Rivera and Rodriguez pleaded guilty to conspiracy to distribute cocaine and possessing firearms in furtherance of that offense, and on March 12, 2021, each defendant was sentenced to 15 years in federal prison.
Morales-Figueroa was not located at the time of the initial arrest. On March 10, 2021, Morales-Figueroa was identified in a traffic stop in Flagler County on Interstate-95. During the traffic stop, Morales-Figueroa was asked to get out of the vehicle and, instead, got out of the passenger’s seat and into the driver’s seat of the vehicle and fled from officers with an uninvolved minor in the back seat of the vehicle. On January 3, 2022, Morales-Figueroa was arrested at a Jacksonville residence in connection with a search of that residence and the seizure of nine kilograms of cocaine and significant quantities of U.S. currency.
“This investigation was based on the due diligence of hard working HSI special agents and task force officers who ultimately brought to justice these international narcotics traffickers," said Homeland Security Investigations (HSI) Orlando Assistant Special Agent in Charge David Pezzutti. "Our agency, along with our partners, work tirelessly to bring to justice those who attempt to poison our communities."
This case was investigated by Homeland Security Investigations (HSI), with assistance from the Seminole County Sherriff’s Office, the Flagler County Sheriff’s Office, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Dana E. Hill.
Polk County Doctor Pleads Guilty to Receiving KickbacksRead the Press Release
Tampa, Florida –United States Attorney Roger B. Handberg announces that Dr. Sean Patrick O’Rourke (56, Lakeland) has pleaded guilty to soliciting and receiving remuneration (kickbacks and bribes) in return for ordering medical services and items paid for by a federal health care program. O’Rourke faces a maximum penalty of 10 years in federal prison. The defendant also agreed to forfeit $31,075, traceable to proceeds of the offense. A sentencing date has not yet been set.
According to court documents, O’Rourke, a licensed medical doctor, entered into an illegal agreement in 2018 with Company #1 in which Company #1 would make available to O’Rourke completed doctors’ orders for Medicare and CHAMPVA patient-beneficiaries via an internet-based platform. O’Rourke would then access the platform, open the completed orders, and electronically sign the orders, in exchange for a payment of $25 per patient-beneficiary. Notably, the system platform did not permit O’Rourke to add or modify any information in the already completed orders other than to input his authorizing electronic signature.
As just one example, in or around May 2019, O’Rourke received a payment of $5,500 from an entity associated with Company #1 for electronically signing and ordering cancer genomic tests and durable medical equipment for multiple Medicare beneficiaries. O’Rourke had no interaction with any of the Medicare beneficiaries prior to ordering the tests and equipment. In all, from September 2018 through March 2020, pursuant to the illegal agreement, O’Rourke ordered tests and equipment for approximately 1,243 Medicare and CHAMPVA beneficiaries for which he was paid approximately $31,075. Consequently, the Medicare program paid approximately $2,702,150 to various Medicare providers for the tests and equipment ordered by O’Rourke.
This case was investigated by the U.S. Health and Human Services – Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jay G. Trezevant. Assistant United States Attorney James A. Muench is handling the asset forfeiture aspect of this case.
Orlando Man Who Used Internet to Sexually Exploit 12-Year-Old Sentenced to Life in PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Andre Maurice Lewis (37, Orlando) to life in federal prison for enticement of a minor. The court also ordered Lewis to forfeit the cellphone he used to commit the offense. Lewis had pleaded guilty on August 15, 2022.
According to court documents and information presented in court, in January 2021, Lewis initiated a Snapchat conversation with a 12-year-old child, the daughter of an acquaintance. Lewis did not reveal his true identity to the child and claimed to be 20 years old.
Even though the child told Lewis how old she was, Lewis expressed an interest in meeting with her for sex. The child repeatedly rebuffed Lewis’s sexual advances, telling him that he was making her uncomfortable and that she was “just a little girl.” As Lewis persisted, the child sent Lewis a series of text-based and audio messages that made it clear that she was very scared and distressed. In those messages, the child pleaded with Lewis to leave her alone, because she did not want to do the things he asked her to do. Nevertheless, Lewis continued to press the child and threatened to tell the child’s parent about their Snapchat conversation unless the child did as Lewis said. Lewis provided evidence that he knew the child’s parent, to underscore his ability to carry out his threats. Later in the evening, out of fear, the child livestreamed a sexually explicit video of herself at Lewis’s behest.
The investigation revealed that Lewis had previously communicated about sex with dozens of individuals who told him they were minors – and the investigation confirmed that many of these individuals were indeed minors. With respect to seven individuals who specifically told Lewis to leave them alone, Lewis responded by threatening to kidnap, rape, and kill them if they did not cooperate. In other instances, Lewis accompanied such threats to minors with a picture of a handgun and magazines, and a map of the minors’ location, to prove that he actually knew where they were. Lewis also has a prior conviction for issuing written threats to kill or do bodily injury.
This case was investigated by the Orlando Police Department and the Federal Bureau of Investigation, with assistance from the Hillsborough County Sheriff’s Office and the United States Secret Service. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
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.
Clay County Man with History of Domestic Violence Indicted on Multiple Firearm ChargesRead the Press Release
Jacksonville, Florida –United States Attorney Roger B. Handberg announces the return by a grand jury of an indictment charging Paul Steven Hulbert (26, Middleburg) with unlawful possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, unlawful possession of a firearm by a person subject to a domestic violence injunction, and two counts of possession of an unregistered short-barreled rifle and short-barreled shotgun. Hulbert faces a maximum penalty of 10 years in federal prison on each count. The indictment also notifies Hulbert that the United States intends to forfeit multiple firearms which are traceable to the offenses. Hulbert made his initial appearance in federal court today and was ordered detained.
According to the indictment and public records, in August 2021, Hulbert was convicted of the misdemeanor crime of domestic battery, in Clay County, Florida. During this timeframe the Clay County Court also issued a “Temporary Injunction for Protection Against Domestic Violence with Minor Children” against Hulbert, which specifically prohibited him from possessing firearms and directed him to surrender any firearms in his possession to the Clay County Sheriff’s Office. After the domestic battery conviction and issuance of the domestic violence injunction, both of which prohibited him from possessing firearms, Hulbert obtained seven firearms that included rifles, pistols, and a shotgun. The barrel of the shotgun and one rifle were illegally modified to shorten their length.
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 Clay County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (Jacksonville Office). It will be prosecuted by Assistant United States Attorney Kevin C. Frein.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Sanford Foster Parent Sentenced to 170 Years in Prison for Child Exploitation OffensesRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger today sentenced Justin Dwayne Johnson, Sr. (48, Sanford) to 170 years in federal prison for four counts of production of child sexual abuse material, one count of production and attempted production of child sexual abuse material, and one count of possession of child sex abuse material. Johnson had pleaded guilty on July 7, 2022.
According to court documents, in January 2022, an investigation was initiated into Johnson after Child Protection Services was alerted that Johnson was secretly recording his foster children. Johnson disclosed to an acquaintance that he had cameras in his home to record the children in the nude and that he had videos of him touching the children. During the investigation, law enforcement officers seized several devices belonging to Johnson. Forensic examinations of Johnson’s cellphone and other electronic devices revealed numerous images and videos of child sex abuse material. Specifically, the evidence showed that Johnson used the children under his care to produce depictions of sexually explicit conduct. Johnson’s cellphone also contained numerous visual depictions of child sex abuse material depicting young children. So far, the FBI has identified at least 18 victims that were sexually exploited by Johnson.
“Protecting children from sexual abuse and exploitation is one of the highest priorities of my office,” said U.S. Attorney Roger Handberg. “This defendant victimized children who were especially vulnerable because they needed the protection of the foster care system. I am proud of the outstanding work by our local and federal law enforcement partners and my office that brought this predator to justice.”
“Instead of offering a haven for foster children, this predator betrayed the children with a home of horrific abuse,” said FBI Tampa Special Agent in Charge David Walker. “The FBI’s Child Exploitation Task Force is committed to identifying, locating, and recovering the innocent victims of sexual abuse and ensuring their abusers are brought to justice.
“Johnson’s crimes are particularly disturbing, in that he was in a position that is expected to provide protection and care to already vulnerable children, and he exploited that role and further victimized these young children,” said Chief Cecil Smith of the Sanford Police Department. “I hope his sentence brings some comfort to those who he has abused.”
“As you can imagine, investigations of this nature can present overwhelming challenges,” stated Seminole County Sheriff Dennis M. Lemma. “However, the dedication of our teams, their diligence, and the collaborative efforts of the law enforcement professionals assigned to this case resulted in a successful prosecution and a sentence that sends a strong message that there are severe consequences for those who prey upon and exploit the most precious members of our community.”
This case was investigated by the Federal Bureau of Investigation, with assistance from the Sanford Police Department and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Courtney Richardson-Jones and Ilianys Rivera Miranda.
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.
Restaurant Owners Plead Guilty to Harboring Undocumented WorkersRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Ge Tang (41, St. Augustine) and Yanshen Huang (36, St. Johns) have pleaded guilty to harboring undocumented aliens for commercial advantage and private financial gain. Each faces a maximum penalty of 10 years in federal prison. As part of their plea agreements, Tang and Huang have agreed to forfeit to the United States a residence in St. Augustine and a residence in St. Johns, which were used to house undocumented aliens, along with a 2021 Toyota Sienna van that was used to transport the aliens between the residences and the restaurants and $35,720 in cash.
Their sentencing hearings have been scheduled for January 24, 2023.
According to their plea agreements, Tang and Huang owned and operated Tanks Sushi Bistro Seafood & Steaks in St. Augustine and Tanks Sushi Bistro in Ponte Vedra. At the restaurants, they employed aliens who were unlawfully present in the United States and who were not legally authorized to work in the United States. Contrary to federal law, Tang and Huang did not require the workers to provide documents to establish that they could legally work in the United States.
Tang and Huang also owned two residences, each of which was near one of the restaurants, at which they provided housing to the undocumented workers. They also provided the workers with transportation between the houses and the restaurants at the beginning and end of each workday.
Tang and Huang paid the workers in cash, did not withhold taxes and other payments from the workers’ wages, and did not pay the employer’s portion of these taxes to government authorities. They also did not report the workers to state revenue authorities as required under Florida law to ensure the collection of the proper amount of unemployment compensation tax.
This case was investigated by Homeland Security Investigations (HSI), with assistance from the St. Johns County Sheriff’s Office and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier. Assistant United States Attorney Mai Tran is handling forfeiture of the residences, van, and cash.
Kissimmee Felon Found Guilty After Stockpiling Firearms and Ammunition in His ResidenceRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Daniel Stephen King (28, Kissimmee) guilty of possessing firearms and ammunition as a convicted felon. King faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for January 23, 2023.
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 out 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 guns or ammunition. The deputies surrounded the house, and after about two hours, they were able to persuade 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 will have to forfeit all of the firearms and ammunition which were part of the offense.
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 is being 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.
U.S. Attorney’s Office, Homeland Security Investigations, and the Federal Bureau of Investigation Present Child Protection Award to the Brevard County Sheriff’s OfficeRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg, Homeland Security Investigations (HSI) Special Agent in Charge John Condon, and FBI Special Agent in Charge David Walker announce that the Brevard County Sheriff’s Office has been presented with a Child Protection Award for its role in investigating more than 100 cases that have resulted in successful federal prosecutions of child exploitation offenses, as part of the Department of Justice’s Project Safe Childhood initiative.
For approximately 15 years, the Brevard County Sheriff’s Office has partnered with either Homeland Security Investigations or the FBI by providing Task Force Officers and other investigators to work on child exploitation cases. The investigators from the Brevard County Sheriff’s Office have served as the lead case agents, undercover officers, and forensic examiners on more than 100 child exploitation cases that have been successfully prosecuted in federal court.
“Protecting our children from those who would seek to do them harm is a top priority of the United States Attorney’s Office and our law enforcement partners,” said U.S. Attorney Handberg. “For 15 years we have had an excellent partner in the Brevard County Sheriff’s Office. The investigators with the Sheriff’s Office are skilled and dedicated professionals who are committed to using their lawful authority to protect children from sexual exploitation. It is an incredible achievement for one office to have successfully worked on over 100 successful federal prosecutions. Those prosecutions have served to protect children in Brevard County and across the United States. We look forward to many more successes working together with the Brevard County Sheriff’s Office on these important cases.”
“It takes an incredible team to protect our children from predators who seek to steal their innocence and destroy their futures,” said Homeland Security Investigations (HSI) Tampa Special Agent in Charge John Condon. “Our partnership with the Brevard County Sheriff’s Office makes Project Safe Childhood a stronger program. The investigators with Brevard County are passionate and skilled professionals who work side-by-side with our special agents to protect our children from sexual exploitation.”
“We value our partnership with Brevard County Sheriff’s Office and the knowledge and commitment the investigators bring to the table in these difficult investigations,” said FBI Tampa Division Special Agent in Charge David Walker. “The FBI welcomes a continued partnership in successfully deterring individuals and criminal networks exploiting children.”
Some significant cases investigated by the Brevard County Sheriff’s Office include:
- United States v. Roberto Oquendo and Rose Litzky – In September 2016, Oquendo was the subject of a traffic stop. During the traffic stop, Brevard County Sheriff’s Office deputies received a tip that Oquendo was in possession of child pornography. During an ensuing interview, Oquendo admitted that for several years, he had used a cellphone to search for and view child pornography. He also disclosed that while residing in Brevard County, he used a cellphone to take explicit pictures of two female children under his custody for his sexual gratification. Computer media seized from Oquendo’s residence was found to contain thousands of images and videos of the two minor victims (toddlers at the time), as well as images of other children engaged in sexually explicit conduct. The evidence further showed that Oquendo used a social media application to engage in live chats with Litzky, during which Litzky engaged two female children in sexually explicit conduct for Oquendo’s viewing and sexual gratification. Oquendo pleaded guilty to conspiracy to produce child pornography and production of child pornography. On August 26, 2019, he was sentenced to 50 years in federal prison. After trial, a federal jury found Litzky guilty of conspiracy to produce child pornography, production of child pornography, and possession of child pornography. On February 6, 2020, she was sentenced to 30 years in federal prison.
- United States v. Michael Glascock – An undercover agent responded to an online advertisement which Glascock had posted on Craigslist and engaged in communications with Glascock. In these communications, Glascock described his sexual abuse of a three-year-old victim and offered to allow the undercover agent to engage in sexual activity with the minor victim. After Glascock agreed to meet the undercover agent, agents went to Glascock’s home on Merritt Island, where they met Glascock and located the minor victim. Glascock admitted to sexually abusing and producing child sex abuse images of the minor victim. Glascock pleaded guilty to attempted sexual enticement of a minor and production of child sex abuse images. On February 6, 2015, he was sentenced to life in federal prison.
- United States v. Matthew Howard – Howard created a sexually explicit advertisement on Craigslist that made reference to a minor female. An undercover agent posing as a 14-year-old girl engaged Howard in online communications. During the online communications, Howard told the “minor” that he wanted to engage with her in sexual conduct. Howard then traveled to Rockledge to meet the “minor” for the purpose of engaging in illicit sexual conduct, at which time he was arrested. After trial, a federal jury found Howard guilty of attempted sexual enticement of a minor. On September 10, 2014, he was sentenced to 10 years in federal prison.
These cases were 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.
U.S. Attorney’s Office and FBI Present Child Protection Award to the Seminole County Sheriff’s OfficeRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg and FBI Special Agent in Charge David Walker announce that the Seminole County Sheriff’s Office has been presented with a Child Protection Award for its role in investigating more than 100 cases that have resulted in successful federal prosecutions of child exploitation offenses as part of the Department of Justice’s Project Safe Childhood initiative.
For more than 10 years, the Seminole County Sheriff’s Office has partnered with the FBI by providing Task Force Officers and other investigators to work on child exploitation cases. The investigators from the Seminole County Sheriff’s Office have served as the lead case agents, undercover officers, and forensic examiners on over 100 child exploitation cases that have been successfully prosecuted in federal court.
“Protecting our children from those who would seek to do them harm is a top priority of the United States Attorney’s Office and our law enforcement partners,” said United States Attorney Handberg. “For over 10 years, we have had an excellent partner in the Seminole County Sheriff’s Office. The investigators with the Sheriff’s Office are skilled and dedicated professionals who are committed to using their lawful authority to protect children from sexual exploitation. It is an incredible achievement for one office to have successfully worked on over 100 successful federal prosecutions. Those prosecutions have served to protect children in Seminole County and across the United States. We look forward to many more successes working together with the Seminole County Sheriff’s Office on these important cases.”
“We recognize the value of working alongside Seminole County Sheriff’s Office in recovering child exploitation victims,” said FBI Tampa Division Special Agent in Charge David Walker. “The FBI appreciates our partnership with Seminole County Sheriff’s Office and looks forward to many more years of working together to identify, locate, and recover the innocent victims.”
Some significant cases investigated by the Seminole County Sheriff’s Office include:
- United States v. Jonathan and Sarah Aldeta – Jonathan Adleta conspired with his ex-wife, Sarah Adleta, to transport a three-year-old child with the intent of sexually abusing the child. In December 2012, Sarah Adleta flew with the child from Orlando to Oklahoma, where Jonathan Adleta lived. Jonathan Adleta sexually abused the child during the child’s week-long stay at his home. Both before and after the trip, Sarah Adleta also sexually abused the child and sent pictures of the abuse to Jonathan Adleta and others. Sarah Adleta pleaded guilty to producing child sex abuse material. On October 28, 2013, she was sentenced to 54 years in federal prison. After trial, Jonathan Adleta was found guilty of conspiring to transport and transporting a minor in interstate commerce with intent to engage in sexual activity. On June 6, 2014, he was sentenced to life in federal prison.
- United States v. George Adrien Brooks – In September 2015, Brooks initiated online communications with the purported father of a 10-year-old boy about engaging the child in sexual conduct. He then traveled to Seminole County to engage in sexual activity with the child. At that time, Brooks was placed under arrest by an FBI agent who had been communicating with the Brooks in an undercover capacity. During trial, the government presented the above evidence, as well as evidence that 44 years ago Brooks had sexually abused another minor. After trial, the jury found Brooks guilty of attempting to entice a minor to engage in sexual conduct. On June 27, 2016, he was sentenced to 18 years in federal prison.
- United States v. Lewis Chadwick Walker –Walker spent time in state prison from 2011 to 2013 for possession of child sex abuse material. Following his release from state prison in 2013, he was placed on 20 years of sex offender probation. In 2017, he violated the terms of his probation and was ordered not to access the internet. Walker continued to access the internet and conducted searches for images of child sex abuse material. He then took screenshots of the images of child sex abuse and emailed those to himself. Walker pleaded guilty to transporting child sex abuse material. On February 23, 2022, he was sentenced to 15 years in federal prison.
These cases were 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.
Lehigh Acres Man Sentenced to Federal Prison for Straw Purchasing Firearms for A Mexican Drug CartelRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Gabriel Acosta, Jr. (28, Lehigh Acres) to 3 years and 1 month in federal prison for falsifying records relating to firearms purchases. Acosta had pleaded guilty on May 25, 2022.
According to court records, between December 2018 and March 2019, Acosta purchased multiple high-powered rifles from licensed gun dealers in Fort Myers and Cape Coral at the request of a Mexican drug cartel. For each purchase, Acosta falsely certified in ATF paperwork that he was purchasing the firearms for himself, when in truth he knew he was straw-purchasing them for a Mexican drug cartel in exchange for cash kickbacks. After the firearms were purchased, Acosta would travel to Laredo, Texas to offload the guns to a cartel associate. Since late-2019, three firearms straw-purchased by Acosta in Florida have been recovered by Mexican military personnel following firefights with suspected cartel members.
This case was investigated the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Simon R. Eth.
Fort Myers Felon Sentenced to Federal Prison for Unlawfully Possessing A Firearm and AmmunitionRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Otis Marchman IV (28, Fort Myers) to 3 years and 5 months in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Marchman to forfeit the firearm and ammunition used in the offense. Marchman had pleaded guilty on August 12, 2022.
According to court records, on December 26, 2020, officers from the Fort Myers Police Department attempted to conduct a traffic stop on a vehicle driven by Marchman on South Street in Fort Myers. Instead of stopping his vehicle, Marchman accelerated away from officers until his vehicle became disabled several blocks away. Marchman then ran from his vehicle and hid in nearby bushes before he was apprehended and arrested by the officers. Inside his vehicle, officers located Marchman’s loaded Glock .45 caliber handgun. As a convicted felon, Marchman is prohibited from possessing a firearm or ammunition under federal law. At the time of this incident, Marchman was on federal supervised release for an unrelated case, and the court ordered Marchman’s prison sentence in this case to run consecutively to a two-year prison sentence imposed in connection with his supervised release violation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Fort Myers Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Simon R. Eth.
Seffner Man Sentenced for Role in Construction-Related Wire and Tax Fraud ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Ricky Gonzales to 48 months in federal prison for conspiracy to commit wire fraud and conspiracy to defraud the United States. The court also entered an order of forfeiture in the amount of $500,731.13, the proceeds of the wire-fraud conspiracy. Gonzales had pleaded guilty to the charges on August 9, 2022.
According to court documents, Gonzales owned and managed a construction company that purported to supply construction services and labor for construction contractors and subcontractors. In order to comply with Florida law, the company that Gonzales operated was required to secure and maintain adequate worker’s compensation insurance coverage. Gonzales’ company had agreements with contractors and subcontractors to use workers purported to be Gonzales’ employees at construction sites and these workers were often undocumented aliens who were actually working for and under the daily supervision and direction of the contractors. Gonzales or others would then regularly receive “payroll checks” from contractors that were cashed at various financial institutions to pay Gonzales’ purported “employees” and other related expenses.
During the time period charged, Gonzales falsely and fraudulently represented in insurance applications that his company had a very limited payroll and a very limited number of employees who worked on construction jobsites. Gonzales also falsely and fraudulently sent wire communications to numerous contractors representing that his company’s employees had full worker’s compensation coverage.
In reality, Gonzales’ company received and cashed more than $7,150,000 in checks from various construction contractors for these purported “employees”. These payroll figures far exceeded the very limited payroll figures that Gonzales had reported to his worker’s compensation insurance company. As a result, these employees, in reality the employees of other entities, performed work on jobsites without adequate insurance coverage. In addition, the insurers lost premiums they would have charged had they been aware of the true number of workers their policies were thus being manipulated to cover.
As a result of these misrepresentations, Gonzales’ company also disclaimed responsibility for ensuring that jobsite workers were legally authorized to work in the United States and that required state and federal payroll taxes were being paid for these workers. The contractors who actually paid these workers’ wages and used their services were thus also able to avoid responsibility for those duties as well. As a result of this conspiracy, the IRS was unable to collect over $1,094,000 in employment taxes on these workers’’ wages.
“This criminal defrauded insurance companies out of thousands in premiums through undervalued workers’ compensation insurance policies, then profited off the backs of hundreds of non-citizen workers by renting those policies for a fee from their pay checks,” said HSI Tampa Assistant Special Agent in Charge John Dumas. “HSI special agents, alongside the Internal Revenue Service - Criminal Investigation, are committed to ensuring that all workers have the safety net of proper workman’s compensation insurance policy.”
“Gonzales and his conspirators used a shell of lies to evade their tax obligations and skirt workers’ compensation expenses. They short-changed not only the U.S. government but also honest hard-working construction companies,” said Brian Payne, IRS-CI Special Agent in Charge. “Employment tax and workers’ compensation schemes are rampant in Florida’s construction industry and will continue to be a top priority of IRS-CI.”
This case was investigated by the Homeland Security Investigations, the State of Florida Department of Financial Services, and the Internal Revenue Service-Criminal Investigation. It is part of a lengthy investigation by those agencies into the use of shell companies and “ghost” employees in the construction industry. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
North Carolina Man Indicted for Committing Child Sexual Exploitation OffensesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging David Wayne Hogle, Jr. (29, Cherry Point, North Carolina) with one count of attempted online enticement of a minor to engage in sexual activity, one count of online transportation of depictions involving the sexual abuse of children, and two counts of attempted production of child sexual abuse materials. If convicted of attempted online enticement of a minor to engage in sexual activity, Hogle faces a minimum mandatory penalty of 10 years, up to life, in federal prison. If convicted of online transportation of depictions involving the sexual abuse of children, Hogle faces a minimum mandatory penalty of 5 years, up to 20 years, in federal prison. If convicted of attempted production of child sexual abuse materials, Hogles faces a minimum mandatory penalty of 15 years, up to 30 years, in federal prison on each count.
According to court documents, Hogle committed the charged criminal offenses between July 13 and July 27, 2022. He was arrested in Cherry Point, North Carolina by FBI agents and had his initial appearance in federal court in Greenville, North Carolina. He was subsequently transported to Jacksonville by the United States Marshals Service for prosecution in this case. His detention hearing is scheduled for November 14, 2022, at 3:30 p.m. in Jacksonville.
This case was investigated by the Federal Bureau of Investigation in Jacksonville and Greenville, North Carolina, and the Naval Criminal Investigative Service. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
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.
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.
Zephyrhills Man Arrested for Unlicensed Distribution of Explosive Materials, Unlawful Making of A Destructive DeviceRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging James John Hall (34, Zephyrhills) with one count of unlicensed distribution of explosive materials, one count of possession of an unregistered destructive device, and one count of unlawful making of a destructive device. If convicted, Hall faces up to 10 years in federal prison on each count.
According to the complaint, on November 1 and 2, 2022, Hall conducted telephone communications with a man to whom he had sold firearms in the past. In these conversations Hall offered to sell the man a “pipe bomb” that Hall had built. Hall shared with the man that he had contemplated using the “pipe bomb” to target an individual with whom he was angry. The man with whom Hall was communicating is a confidential informant with the Pasco Sheriff’s Office. The informant reached out to the sheriff’s office, who then coordinated further investigation with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Later in the evening on November 2, the confidential informant and a Pasco Sheriff’s detective (acting undercover) met with Hall, where the detective purchased the “pipe bomb” as well as a Glock 17 pistol Hall offered to sell him. When asked about future purchases, Hall indicated he “had enough to build six more now.” Hall also indicated that the device he was selling to the undercover detective had a magnet on the bottom because it was “meant for somebody else.”
The suspected destructive device was then disassembled by ATF bomb technicians. The disassembly and examination of the device revealed a metal pipe that was sealed at both ends (with end caps) and filled with suspected pyrotechnic powder, with a suspected pyrotechnic fuse inserted into one of the end caps. The pipe was taped to suspected mixed explosive materials. ATF found no records for Hall in the National Firearm Registration and Transfer Record, indicating he was unlawfully in possession of the device.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives and the Pasco Sheriff’s Office with assistance from the Tampa Police Department and the Hillsborough County Sheriff’s Office. 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.
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 Felon Indicted for Possessing A FirearmRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces the return of an indictment charging Demetrius Sanchez Mitchell (38, Tampa) with illegally possessing a firearm. If convicted, Mitchell faces a mandatory minimum term of 15 years, and up to life, in federal prison. The indictment also notifies Mitchell that the United States intends to forfeit the firearm traceable to his offense.
According to the indictment, on July 2, 2022, Mitchell possessed a firearm. At the time of the incident, Mitchell had multiple prior felony convictions, including two convictions for aggravated assault with a deadly weapon and a conviction for being a felon in possession of a firearm. As a previously convicted felon, Mitchell is prohibited from possessing a firearm under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney David P. Sullivan. The forfeiture will be 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.
Convicted Murderer Sentenced to Federal Prison for Possessing Improvised Explosive DeviceRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced William Earl Siebert (47, Cape Coral) to 5 years and 10 months in federal prison for unlawfully possessing an unregistered destructive device. Siebert had pleaded guilty on June 16, 2022.
According to court documents, on August 27, 2019, Siebert was arrested for driving under the influence following a single-vehicle traffic accident on Del Prado Boulevard in Cape Coral. Later, when his vehicle was searched, officers found a pipe bomb attached to a yard-stake timer, which contained a quantity of explosive powder and an assortment of shrapnel. Court records showed that Siebert had previously been convicted of second-degree murder and served a 25-year state prison sentence in connection with that case.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lee County Sheriff’s Office, and the Cape Coral Police Department. It was prosecuted by Assistant United States Attorney Simon R. Eth.
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 Man Sentenced to More Than 21 Years in Prison for Producing and Possessing Child Sexual Abuse Material and Engaging in Child Sex Tourism in ColombiaRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Hugo Espinosa Chavez (59, Tampa) to 21 years and 10 months’ imprisonment, followed by 10 years of supervised release, for using a minor child to produce images depicting sexual abuse, traveling to Colombia to engage in illicit sexual conduct with a child, and possessing images of this child being sexually abused. Espinosa Chavez is a dual citizen of both Colombia and the United States. He is also required to pay restitution to the victim in the amount of $3,000. Espinosa Chavez had pleaded guilty on July 6, 2022.
According to court documents, from May through December 2020, Espinosa Chavez coerced, persuaded, and used a 15-year-old indigent child who lived in Colombia to engage in sexually explicit conduct for the purpose of producing photos of this conduct. In return, Espinosa Chavez gave the child money and other gifts. Espinosa Chavez located the 15-year-old child victim on Facebook and began communicating with the child via Facebook Messenger. Espinosa Chavez demanded nude photos of the child, offering money in exchange for photos of the child’s buttocks and genitals.
On December 12, 2020, Espinosa Chavez traveled from the United States to the Republic of Colombia for the purpose of engaging in illicit sexual conduct with the child. Espinosa Chavez ultimately sexually abused the child victim, again offering money and gifts in exchange for sex. On other occasions, Espinosa Chavez took sexually explicit pictures of the child on his personal cellphone. In return, the child victim was given 60,000 Colombian pesos (about $17 in U.S. currency) for the initial pictures the victim had sent. When the pictures were taken in person, Espinosa Chavez paid the child a small amount of cash in exchange for taking pictures and enduring the sexual abuse perpetrated by Espinosa Chavez. Espinosa Chavez continued to demand more sexual acts from the child and would only pay the child if the specific requests were met. When the child victim resisted and did not fully cooperate, Espinosa Chavez said, “I feel cheated.”
On October 2, 2021, Espinosa Chavez was arrested on these federal child sex charges. During an interview with law enforcement, he admitted that he had paid the child money in exchange for sexually explicit photos, he knew the child was a minor, and he had sexually abused the child while in Colombia.
“This predator used social media as a weapon to manipulate a minor into engaging in the creation of illicit sexual material, then traveled internationally to sexually abuse the child in person,” said Homeland Security Investigations (HSI) Tampa Assistant Special Agent in Charge Kristopher Pagitt. “Children today are more vulnerable than ever, but thanks to the diligence of our special agents here in Tampa, with the substantial assistance of HSI Bogota special agents, the Colombian National Police, the Department of Justice’s Office of International Affairs, and the Hillsborough County Sheriff’s Office, another child predator has been put behind bars.”
This case was investigated by Homeland Security Investigations (HSI) in Tampa, with substantial assistance from HSI Bogota and the Hillsborough County Sheriff’s Office. The Justice Department’s Office of International Affairs provided assistance in the investigation. The United States thanks Colombian authorities for their valuable assistance. This case was prosecuted by Assistant United States Attorney Erin Claire Favorit.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.