Middle District of Florida

Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Louis Farmer, Jr. (24, Orlando) to 3 years and 10 months in federal prison for possessing a firearm as a convicted felon. Farmer had been found guilty on November 13, 2020, following a bench trial.

According to court documents, on September 30, 2019, at approximately 2:00 a.m., following a traffic accident in downtown Orlando, law enforcement officers observed a loaded AR-15 rifle in Farmer’s vehicle. As law enforcement officers began investigating the traffic accident, Farmer stepped out his car and attempted to flee from the officers. He was apprehended a short time later. Further investigation revealed that Farmer also had in his possession a second firearm, as well as heroin. At the time of the incident, Farmer was on state supervised release, following a 36-month state prison sentence for robbery with a firearm and aggravated battery with a firearm, and therefore, is prohibited from possessing firearms or ammunition.

This case was investigated by the Federal Bureau of Investigation and the Orlando Police Department. It was prosecuted by Assistant United States Attorneys Shawn P. Napier and Amanda Daniels.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Ocala, Florida – United States District Judge Roy B. Dalton, Jr. has sentenced Dominique Lamar Oliver (31, Ocala) to 12 years in federal prison for conspiracy to distribute methamphetamine. Oliver had pleaded guilty on October 2, 2020.

According to court records, in July 2019, Oliver collided with a Marion County fire truck that had stopped for an accident on County Road 326. Moments after the collision, firemen observed Oliver attempt to conceal a backpack in the high grass of the median. A Florida Highway Patrol trooper subsequently recovered the backpack that contained marijuana, cocaine, various prescription pills, and several baggies used to distribute drugs. Investigators found a package addressed to Oliver containing 447 grams of methamphetamine (valued at between $25,000 and $35,000) inside Oliver’s disabled vehicle.

After his arrest, federal agents with the United States Postal Service, Office of Inspector General began investigating Oliver. Agents discovered that in the year leading up to the collision, Oliver had received 112 packages from source states including California, Washington, and Nevada. Oliver eventually admitted to the agents that he had been ordering marijuana, pills, and methamphetamine from the “dark web” and distributing the drugs in the Middle District of Florida.

This case was investigated by the United States Postal Service, Office of Inspector General and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the filing of a criminal complaint charging Kevin Jonathan Canty (33, West Palm Beach) with violating national defense airspace. If convicted, Canty faces a maximum penalty of one year in federal prison.

According to the complaint, on February 6, 2021, the Federal Aviation Administration (FAA) issued a temporary flight restriction (TFR) covering an area extending outward from downtown Tampa. This TFR, along with others, was issued as part of a comprehensive security plan designed to protect and secure the events leading up to, and including, Super Bowl LV. That day, FBI agents saw an unmanned aircraft system (UAS), commonly referred to as a “drone,” flying near the USF Health CAMLS building—an area within the TFR. FBI agents later located Canty, the operator of the drone, nearby in downtown Tampa. Canty stated that he is an FAA-licensed remote pilot drone operator and that he was aware that a TFR was in place for the Super Bowl. A review of his drone’s flight path showed that it had traveled through downtown Tampa, which was hosting public events related to the Super Bowl. Furthermore, according to the flight path, Canty had flown his drone over people and moving vehicles.

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 Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Patrick Scruggs.

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Angel Roberto Lopez (35, Honduras) to 21 months in federal prison for illegal reentry into the United States after deportation. Roberto Lopez had pleaded guilty on November 16, 2020.

According to court documents, Roberto Lopez had previously been deported from the United States to Honduras on five occasions. On September 4, 2015, Roberto Lopez was convicted of felony battery with great bodily harm after deportation, a felony offense. Following his conviction, Roberto Lopez illegally reentered the United States. 

This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ICE-ERO). It was prosecuted by Assistant United States Attorney Terry B. Livanos.

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Bretton Howard Osborne (29, Punta Gorda) to 3 years and 8 months in federal prison for stalking and conspiracy to commit stalking. He was also ordered to complete 300 hours of community service.

Osborne’s co-defendant, Ian Douglas McGuire (30, Port Charlotte), was previously sentenced to 5 years in federal prison for the same offenses. Osborne and McGuire have also been ordered to pay victim restitution. 

Osborne and McGuire had previously pleaded guilty.

According to court documents, between March 8, 2019, and June 27, 2019, McGuire and Osborne conspired together to stalk and harass victim “A.G.W.” Together they committed multiple acts of stalking using the U.S. Mail and the internet with the intent to injure, harass, and intimidate the victim, causing the victim to fear serious bodily injury. They also caused substantial emotional distress to the victim. Among other things, McGuire and Osborne posted videos of the victim on McGuire’s YouTube channel and pinned to those videos personal information of the victim. They also mailed items, including fecal matter and a dead kitten to the victim and ordered services, food, and materials to be delivered to her home that she did not authorize.

This case was investigated by the Charlotte County Sheriff’s Office, the Punta Gorda Police Department, the North Port Police Department, the Federal Bureau of Investigation, and the United States Postal Inspection Service. It was prosecuted by Chief Assistant United States Attorney Jesus M. Casas.    

Orlando, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Don V. Cisternino (45, Chuluota) with two counts of wire fraud, three counts of aggravated identity theft, and three counts of illegal monetary transactions. If convicted, Cisternino faces a maximum penalty of 20 years in federal prison for each wire fraud count, up to 10 years’ imprisonment for each illegal monetary transaction count, and a mandatory consecutive term of two years for the aggravated identity theft counts.

According to the

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted March 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in potentially forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.

The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if the business spends the proceeds on these expenses within a set time-period and uses at least a certain percentage of the loan towards qualifying business expenses.

Cisternino’s PPP loan application falsely claimed that Cisternino’s New York business, MagnifiCo, had 441 employees and monthly payroll expenses in 2019 of more than $2.8 million. In truth, MagnifiCo, had few, if any, employees other than Cisternino and his girlfriend, and MagnifiCo did not report any wages to the IRS for 2019. In support of his PPP loan application, Cisternino submitted false W-2s for MagnifiCo’s purported employees, many of which listed the names and Social Security numbers of actual persons who were not MagnifiCo employees and who had not authorized Cisternino to use their identities.

Once Cisternino obtained the emergency loan of $7.2 million, he did not use these funds for qualifying expenses. Instead, he spent the funds for unauthorized purposes and for his own personal enrichment, including the purchase of Lincoln Navigator, Maserati, and Mercedes-Benz vehicles, and an approximately 12,579 sq. ft. residence in Seminole County.

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

This case is being investigated by the Internal Revenue Service – Criminal Investigation, Tampa Field Office. It is being prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Our deepest condolences to our FBI family and to the family and friends of FBI Special Agents Dan Alfin and Laura Schwartzenberger in the wake of their deaths on February 2, 2021, in Sunrise, Florida.   We especially feel the loss here in the Middle District of Florida, as we were fortunate to have worked with SA Alfin during our recent Operation Pacifier cases.  SA Alfin and SA Schwartzenberger are heroes.  They devoted their lives and careers to protecting our most vulnerable citizens, our children.  They worked tirelessly to protect our State, our District, and our communities from these horrible predators.   We are grateful for their service and their ultimate sacrifice.  We will never forget them, and, to honor them, here in the MDFL USAO, we will continue with our commitment to keep our children safe from those who seek to harm and exploit them.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the filing of a criminal complaint charging Henry Alejandro Jimenez (33, Orlando) with violating national defense airspace. If convicted, Jimenez faces a maximum penalty of one year in federal prison.

According to the complaint, on February 3, 2021, the Federal Aviation Administration (FAA) issued a temporary flight restriction (TFR) covering an area extending outward from downtown Tampa. This TFR, along with others, was issued as part of a comprehensive security plan designed to protect and secure the events leading up to, and including, Super Bowl LV. That day, FBI agents saw an unmanned aircraft system (UAS), commonly referred to as a “drone,” flying near the Barrymore Hotel Tampa Riverwalk—an area within the TFR. The FBI agents then located Jiminez, the operator of the drone, nearby in downtown Tampa. Jimenez stated that he is an FAA-licensed remote pilot UAS operator and that he was aware that a TFR was in place for the Super Bowl. A review of his drone’s flight path showed that it had traveled over Julian B. Lane Waterfront Park, which was hosting public events related to the Super Bowl. Jimenez also appears to have operated his drone without maintaining an uninterrupted visual line of sight for the entire flight, as required by FAA regulations. Furthermore, Jimenez flew his drone over people and moving vehicles.

“This is a perfect example of the serious consequences drone operators face when they choose to ignore the temporary flight restrictions,” said FBI Tampa Special Agent in Charge Michael McPherson. “The TFRs are in place for your safety during Super Bowl week. Be aware of the NO DRONE ZONES and report any suspicious activity to the FBI or local law enforcement.”

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 Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Patrick Scruggs.

Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Jesse Bernard Robinson, Jr. (34, Brevard County) to 15 years and 8 months in federal prison for conspiracy to possess with the intent to distribute fentanyl. Robinson had pleaded guilty on November 9, 2020.

According to court documents, during a three-month period in 2020, Robinson sold approximately 115 grams of fentanyl to a law enforcement confidential source. In addition, at the time of his arrest, Robinson had the following drugs in his possession: 7 grams of fentanyl, 14 grams of a mixture of heroin and fentanyl, 15 grams of cocaine, and 23 grams of crack cocaine. Each of these narcotics were packaged for distribution.

This case was investigated by the Drug Enforcement Administration and the Palm Bay Police Department. It was prosecuted by Assistant United States Attorney Shawn P. Napier.

Tampa, FL - United States Attorney Maria Chapa Lopez announces efforts, in partnership with federal, state, and local agencies, to prevent and combat human trafficking in the Middle District of Florida during National Slavery and Human Trafficking month and in preparation for Super Bowl LV in Tampa. The United States Attorney’s Human Trafficking Task Force stands at the forefront of law enforcement’s combined efforts to inform and protect communities across the district every day, and it is especially vigilant in preparation for large interstate events.

“Here in the Middle District of Florida, we are committed to protecting our most vulnerable citizens from becoming human trafficking victims,” said United States Attorney Chapa Lopez. “Human trafficking is a multi-billion dollar industry. It is our responsibility to aggressively prosecute those who endeavor to exploit it for their financial gain and to educate our community to be on the lookout for the signs of human trafficking.”

During the 31 days of National Slavery and Human Trafficking month (January), the Human Trafficking Task Force, headed by AUSA Lisa Thelwell and with the support of the USAO-MDFL community outreach coordinators, assisted in the coordination and safe delivery of various virtual events to enable broader participation in joint human trafficking efforts, while preventing the spread of COVID-19. These presentations included:

• The Threat of Human Trafficking presentation to more than 500 Brevard County law enforcement partners during the Space Coast Human Trafficking Task Force Symposium

• A collaborative workshop with the Department of Juvenile Justice, the St. Petersburg College, and the City of St. Petersburg involving more than 200 community members from Hillsborough, Lee, Pasco, Polk, and Pinellas counties concerning human trafficking and its effects on communities 

• A partnership with the Tampa Bay Human Trafficking Task Force training law enforcement officers from 35 different agencies and prosecutors from 8 different prosecutorial offices regarding the detection, victim assistance, and prosecution of human trafficking crimes

• Trained the Freedom 7 Human Trafficking Task Force consisting of more than 200 members from Volusia, Flagler, Putnam, St. Johns, Hernando, Hillsborough, Lee, Manatee, Pasco, and Pinellas counties on how to deter and pursue human traffickers 

• Trained the Gateway to Freedom Human Trafficking Task Force, including 168 law enforcement officers, public safety officials, educators, and social service providers in Columbia, Suwannee, and Hamilton counties on a multidisciplinary approach to eliminate human trafficking

• Panel discussion facilitated by the Federal Bureau of Investigation, including over 400 law enforcement and community members, concerning the priority of human trafficking detection and prosecution

• Distributed emergency supply kits and resources to at-risk trafficking individuals

These efforts follow the USAO-MDFL Human Trafficking Task Force’s preparations throughout the last year to maintain vigilance and further reduce the opportunities for human trafficking in preparation for Super Bowl LV, including a focused training in August 2020, hosted by the International Association of Human Trafficking Investigators, regarding combating human trafficking during large-scale events. The United States Attorney also has assigned a team that stands ready to respond to human trafficking threats during the national event.

In addition to providing education, prevention, and technical and training assistance, the USAO-MDFL also vigorously prosecutes human trafficking crimes. Some of the most recent cases include:

United States v. Christopher John Streeter – In January 2021, Streeter was sentenced to life in federal prison for sex trafficking minors. Streeter participated in a scheme that sexually exploited children in the Philippines in order to produce child sex-abuse videos of children as young as 12 and 13 years old, who were particularly vulnerable due to poverty and illness. This case was investigated by Homeland Security Investigations (Tampa and Manila), with assistance from the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Frank Murray.

United States v. David Alan Quarles – In January 2021, Quarles was indicted and charged with conspiracy, sex trafficking by force, fraud, or coercion; importation of an alien for the purpose of prostitution; transportation of an individual in interstate commerce for the purpose of prostitution, and using a facility of interstate commerce in aid of prostitution. If convicted on all counts, Quarles faces a maximum penalty of life in federal prison. This case was investigated by Homeland Security Investigations and the U.S. Coast Guard Investigative Service. It is being prosecuted by Assistant United States Attorney Colin McDonell.

United States v. Gregory Thomas Garcia – In October 2020, Garcia was charged with sex trafficking a minor. If convicted, Garcia faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. This case was investigated by Homeland Security Investigations and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.

United States v. Luis Berrios-Trinidad – In July 2020, Berrios-Trinidad was sentenced to 11 years and 3 months in federal prison for sex trafficking minors. Berrios-Trinidad arranged to bring female children to a hotel for a “sex party” with adult men. Berrios-Trinidad was arrested and the victims he had brought, ages 14 and 17, were rescued. This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Candace Garcia Rich.

United States v. Edward Alan Hardin – In July 2020, Hardin was charged with two counts of sex trafficking minors and four counts of using a cellular phone to entice children to engage in unlawful sex acts. Hardin faces a mandatory minimum penalty of 10 years, and up to life, in federal prison. This case was investigated by Homeland Security Investigations, the Clay County Sheriff’s Office, and the Putnam County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.

Tampa, FL – United States Attorney Maria Chapa Lopez announces that Alina Pollan (56, Pinellas County) has pleaded guilty to one count of distributing oxycodone for no legitimate medical purpose and not in the usual course of professional practice, and to one count of tax evasion. Pollan faces a maximum penalty of 20 years in federal prison for the illegal drug distribution and 5 years’ imprisonment for the tax evasion count.

According to the plea agreement, Pollan, a Florida-licensed physician and DEA registrant, worked at Pain and Wellness Clinic (“PWC”) for approximately three years. Pollan prescribed large quantities of controlled substances to nearly all of the PWC patients. On February 7, 2018, Pollan interacted with an undercover DEA agent who had been posing as a patient during multiple visits to Pollan at PWC. Despite many red flags raised by the undercover agent during her medical appointments with Pollan—a reported history of drug abuse, failed drug urinalysis screenings, vague medical history, and the acknowledged ability to perform athletic activities—Pollan prescribed oxycodone to the agent for no legitimate medical purpose and outside the usual course of professional practice.

In addition, Pollan filed, or caused to filed, false and fraudulent tax returns with the IRS that understated the true and complete amount of her reportable income from PWC for the tax years 2017 and 2018.

Tom Wynne, the former owner and operator of PWC, previously pleaded guilty to related criminal charges.

This case was investigated by the Drug Enforcement Administration—Tampa District Office, the Internal Revenue Service – Criminal Investigation, and the Opioid Fraud and Abuse Detection Unit. The Opioid Fraud and Abuse Detection Unit was created by the Department of Justice to help combat the devastating opioid crisis. The Opioid Fraud and Abuse Detection Unit focuses specifically on opioid-related health care fraud, using data to identify and prosecute individuals contributing to the prescription opioid epidemic. The case is being prosecuted by Assistant United States Attorneys Greg Pizzo and Kelley Howard-Allen.

Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Jeffrey Aronofsky (55, Orlando) to 20 years in federal prison, followed by a lifetime of supervised release, for attempted enticement of a child to engage in sexual activity.

Aronofsky had pleaded guilty on August 4, 2020.

According to court documents, in October 2019, Aronofsky engaged in an extensive online chat with an FBI agent who was acting in an undercover capacity and posing as the father of an eight-year-old boy. During the online conversation, Aronofsky expressed interest in meeting with the father in order to sexually assault his minor son. Aronofsky also discussed gang-raping the child. Furthermore, Aronofsky told the father that he had previously sexually assaulted several other children (including a five-year-old) in the Dominican Republic. Aronofsky was arrested when he traveled to meet the father at a prearranged meeting place so that he could have sex with the eight-year-old boy.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

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

Tampa, FL – United States Attorney Maria Chapa Lopez announces that Kelly Wolfe (49, Indian Rocks Beach) has pleaded guilty to conspiracy to commit health care fraud and filing a false tax return. She faces a maximum penalty of 13 years in federal prison. A sentencing date has not yet been set. 

In addition to her criminal charges, Wolfe and her company, Regency, Inc. (“Regency”) have agreed to pay up to $20,332,516, to resolve allegations that Wolfe and Regency violated the False Claims Act in a number of ways, including falsifying documentation in order to fraudulently establish durable medical equipment (“DME”) corporations to bill for medically unnecessary DME equipment, and engaging in improper marketing practices that violate the Anti-Kickback Statute. The civil settlement amount is based on Wolfe and Regency’s ability to pay.

According to court documents, Wolfe and her conspirators used Regency to establish dozens of DME supply companies—or, rather, DME fronts—using trickery and deception. The scheme involved placing the DME fronts in the names of straw owners. By concealing the true ownership of the fronts, Wolfe’s conspirators secretly gained control of multiple companies. With such control, they collectively submitted well over $400 million in illegal DME claims to Medicare and CHAMPVA (i.e., the Civilian Health and Medical Program of the Department of Veterans). The conspirators relied on the guise of “telemedicine” to explain the unusually high volume of claims, when, in fact, they had simply bribed doctors to approve them. Almost always, the doctors had no interaction, including telehealth interaction, with the beneficiaries. Wolfe further admitted that, for tax year 2017, she had purchased numerous personal items and services using Regency’s funds. Rather than properly report this as income to the Internal Revenue Service, Wolfe falsely classified her personal spending as purported business expenditures.

This prosecution, arising out of the nationwide “Operation Brace Yourself” takedown, involves one of the largest health care fraud schemes in United States history. The Middle District of Florida is playing a significant role in these historic and nationwide enforcement actions. Collaborative efforts among federal, state, and local partners have resulted in criminal charges against 12 defendants in the MDFL.

“The Department is committed to ensuring that federal health care program providers do not place their own financial gain over patients’ clinical needs,” said Acting Assistant Attorney General Brian Boynton of the Department of Justice’s Civil Division. “When medical professionals and companies knowingly commit fraud to maximize their profits, we will hold them accountable for their unlawful conduct.”

“Fraud and deceit in our nation’s healthcare system is not only unacceptable, it is illegal,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “The U.S. Attorney’s Office will continue to aggressively work with our investigative partners in rooting out these illicit practices to ensure that patients receive the optimum care they deserve.”

 “This pernicious telefraud scheme’s ambitions were cut short by the exceptional partnership of our law enforcement partners” said Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services Office of Inspector General. “This guilty plea and the forfeiture of tens of millions of dollars back to the U.S. Treasury show our determination to stop such damaging fraud schemes and to bring fraudsters to justice.”

"The FBI is laser-focused on exposing those who cheat our government healthcare programs," said Special Agent in Charge of the FBI Tampa Division Michael McPherson. "American taxpayers can be assured the FBI and its law enforcement partners are working vigorously to protect federally funded healthcare programs from deception and greed."

“Honest and law-abiding citizens are fed up with the likes of those who use deceit and fraud to line their pockets," stated Special Agent in Charge Brian Payne of IRS Criminal Investigation. "Fleecing the health care industry effectively robs us all, and tax fraud undermines the integrity of our nation’s tax system. Those who engage in these swindles should know they will not go undetected and will be held accountable."

“The VA OIG’s continued oversight of CHAMPVA, which provides community care to family members of disabled veterans, is one of the agency’s highest priorities because it safeguards the integrity of VA’s health care programs,” stated David Spilker, Special Agent in Charge at the Department of Veterans Affairs Office of Inspector General (VA OIG). “As detailed in the charging documents, the defendant’s criminal actions resulted in a massive fraud being committed against both CHAMPVA and Medicare, ultimately impacting the beneficiaries of those programs. The VA OIG commends the extensive cooperation between our law enforcement partners in this important investigation.”

This case is being prosecuted criminally by Assistant United States Attorneys Kristen Fiore and James Muench, and pursued civilly by Assistant United States Attorney Carolyn B. Tapie and Department of Justice, Civil Division, Commercial Litigation Branch Trial Attorney Daniel A. Schiffer, with assistance from the Department of Health and Human Services – Office of Inspector General, the FBI, the Department of Veterans Affairs – Office of Inspector General, and the Internal Revenue Service – Criminal Investigation. The United States previously obtained an emergency temporary restraining order and preliminary injunction enjoining the conduct and assets of Wolfe, Regency, and several of their co-conspirators, in a civil injunctive action prosecuted by Assistant United States Attorneys Carolyn B. Tapie and Sean P. Keefe. The injunctive action is captioned United States v. Regency, Inc., et al., No. 8:19-cv-803-T-33AEP.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against Wolfe and Regency by Condra Albright, a former Regency employee. As a result of the settlement, Albright will receive 23% of the civil recovery as her statutory reward. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of the settlement if the government takes over the case and reaches a monetary agreement with the defendant. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

The qui tam case is captioned United States and the State of Florida ex rel. Albright v. Regency, Inc., et al., No. 8:19-cv-686-T-30AEP.

Jacksonville, Florida – Charles Cornelius Smith (36, Jacksonville) has pleaded guilty to charges of aggravated identity theft and conspiracy to commit bank fraud. Smith faces up to 30 years in federal prison on the conspiracy charge, and a 2-year mandatory minimum term of imprisonment on the aggravated identity theft charge. Smith made his initial appearance in federal court on August 27, 2020 and was detained. Smith’s co-defendant, Zipporan Carmel Peters, is scheduled for trial on March 1, 2021.

According to court documents, Smith obtained the personal identification information to include the name, date of birth, and Social Security number of the victim. Using this information, he provided Peters with a counterfeit South Carolina driver license in the name and identity of the victim, but with Peters’s picture on it. Smith then drove Peters to different branches of the Navy Federal Credit Union in Clay and Duval Counties. Using the victim’s identity, Peters subsequently made various fraudulent transactions involving the withdrawal of large amounts of cash and the purchase of multiple $500 gift cards, utilizing the victim’s account. Smith and Peters also went to multiple cell phone stores in Clay and Duval Counties. Using the victim’s identity, they obtained several thousand dollars of cell phones and accompanying merchandise.

Smith, without the involvement of Peters, also was involved with a check fraud scheme. As part of the scheme, Smith would deposit fraudulent checks into various VyStar Credit Union accounts and subsequently make ATM withdrawals before it was determined the deposited check was fraudulent.  

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

Orlando, Florida – Maxwell Garvice Johnson (29, Ormand Beach) today pleaded guilty to one count of conspiracy to distribute controlled substances. Johnson faces a mandatory minimum penalty of 10 years, and up to life, in federal prison. His sentencing hearing is currently scheduled for March 16, 2021.

According to court documents, Johnson worked with multiple conspirators to distribute methamphetamine, heroin, fentanyl-laced heroin, and cocaine, in the Daytona Beach area, from April 3, 2020 through July 30, 2020. During the investigation, law enforcement seized over 2 kilograms of fentanyl-laced heroin, over 500 grams of cocaine, and over 140 grams of methamphetamine being distributed by members of Johnson’s organization, along with tens of thousands of dollars in drug proceeds.

Eight of nine of Johnson’s named co-conspirators have pleaded guilty to co-conspiracy to distribute and possess with intent to distribute controlled substances, such as methamphetamines, heroin, and cocaine and face the following penalties for their roles in this conspiracy:

Defendant

Pleaded Guilty

Statutory Penalties

Sentencing Date

Robert Lee Hamilton, Jr.

12/01/20

15 years to life

03/09/21

Jeniver Sebastian Scott, Jr.

01/13/21

10 years to life

03/16/21

Jeremy Rashan Tarrand

12/01/20

10 years to life

03/09/21

Shakia Monique Flagler

01/13/21

10 years to life

03/16/21

Sharodd Solomon Favors

12/28/20

5 years to 40 years

03/16/21

Dawnte Dequine Benjamin Davis

12/28/20

5 years to 40 years

03/16/21

Felicia Mae Riley

12/01/20

0-20 years

03/09/21

A final defendant, Gena Marie Walker, of Ormand Beach, is scheduled for trial during the March 2021 trial term. 

This case was investigated by the Federal Bureau of Investigation, with assistance from the Drug Enforcement Administration, the Daytona Beach Police Department, and the Volusia County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

Orlando, Florida – U.S. District Judge Wendy W. Berger today sentenced Michael David Harrison (52, Sparks, NV) to 24 years and 4 months in federal prison for transportation of child pornography. 

Harrison was found guilty by a federal jury on September 15, 2020.

According to court documents and evidence presented at trial, Harrison transported numerous videos that depicted the sexual abuse of children from his home in Nevada, to Florida, and to the Bahamas, while on a cruise in November 2019. In 2009, Harrison was convicted in California of sexually abusing several children, including a 14-year-old.

“This repeat child predator continued his abhorrent behavior, even after being convicted of the same crime,” said HSI Tampa acting Deputy Special Agent in Charge David Pezzutti. “Thanks to the work of HSI special agents and the Brevard County Sheriff’s Office, he is being held accountable for his crimes.”

This case was investigated by Homeland Security Investigations and the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

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.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces today that Vistapharm, Inc. has agreed to pay the United States $325,000 to resolve allegations that Vistapharm violated the Controlled Substances Act (CSA) by failing to maintain records required by the CSA. In addition to paying a civil penalty, Vistapharm has agreed to sign separately a Memorandum of Agreement with the Drug Enforcement Administration.

The United States alleges that Vistapharm failed to make available or to maintain in a readily retrievable format more than nine hundred copies of DEA 222 Forms, which are a required record for purchases and sales of Schedule II controlled substances. The United States also alleges that Vistapharm failed to maintain adequate records for six categories of controlled substances handled by its distribution facility in Largo, Florida, which led to overages or shortages in Vistapharm’s expected inventory.

“Scrupulous recordkeeping is essential to maintaining the CSA’s closed system of distribution and preventing dangerous drugs from being diverted and falling into the wrong hands,” said U.S. Attorney Chapa Lopez. “We expect all DEA registrants, regardless of the size of their organization, to be especially meticulous in their recordkeeping because the CSA and the welfare of the public demand it.”

“Pharmaceutical distributors are responsible for helping to ensure that controlled substances are not diverted.” said DEA Miami Field Division’s Special Agent in Charge Keith Weis. “In addition to monitoring employees and customers, distributors are required to inventory their controlled substances, to verify their receipt and distribution, and to maintain complete and accurate records. When one or more of these responsibilities break down, diversion can occur with the consequence of controlled substances potentially falling into the wrong hands.”

This settlement results from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida and the Tampa District Office of the Drug Enforcement Administration’s Miami Field Division. Assistant United States Attorneys Lindsay Saxe Griffin and Christopher Emden pursued this civil settlement on behalf of the United States.

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

Orlando, Florida – United States District Judge Roy B. Dalton, Jr. has sentenced Willie Humes (65, Orlando) to nine years in federal prison for receiving images over the internet depicting children being sexually abused. Humes was also ordered to serve a lifetime term of supervised release and to register as a sex offender upon his release from prison. Humes had pleaded guilty on August 17, 2020.   

According to court documents, Humes was identified during an undercover investigation when FBI agents discovered that he was using peer-to-peer networks to download child sex abuse materials. During an interview with law enforcement, Humes admitted to viewing child exploitation materials for many years. Humes was arrested after a search warrant was executed at his residence and a subsequent search of his electronic devices revealed multiple images of child exploitation materials.

According to evidence and testimony presented at sentencing, Humes had sexually abused a family member when the individual was a child. After learning about the current investigation and Humes’s arrest, the victim provided a statement during the sentencing hearing describing Humes’s prior sexual abuse.    

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney John Gardella.  

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.

Fort Myers, FL – United States Attorney Maria Chapa Lopez announces that Collier Anesthesia Pain, LLC, a pain management clinic located in Fort Myers, Florida, and Tampa Pain Relief Center, Inc., have agreed to pay $1,665,000 to resolve allegations that they violated the False Claims Act and Anti-Kickback Statute. As part of the settlement, the United States contends that Collier Anesthesia and Tampa Pain engaged in an illegal kickback scheme by causing affiliated surgery centers to waive copayments for surgical facility fees in order to induce patients to receive injection procedures. Additionally, the United States contends that Collier Anesthesia and Tampa Pain knowingly submitted false claims by improperly billing for evaluation and management services and psychological testing services.       

“Kickback arrangements have no place in federal healthcare programs,” said United States Attorney Chapa Lopez. “This settlement reflects our continuing efforts to target improper payment schemes and our intention to advocate for the proper care of government-funded healthcare program beneficiaries.”    

“Providers that submit false claims squander Federal health care funds and compromise the integrity of the Federal health care program,” said Norbert E. Vint, Deputy Inspector General Performing the Duties of the Inspector General, OPM OIG. “This settlement demonstrates our commitment to ensuring that all taxpayer funds are spent appropriately.”

This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services Office of Inspector General, and the U.S. Office of Personnel Management Office of the Inspector General. The investigation was led by Assistant U.S. Attorneys Randy Harwell and David P. Sullivan.

The claims resolved by the settlement are allegations only and there has been no determination of liability.  The civil settlement resolves the following captioned case: United States, et al. v. Wayne Isaacson, M.D., et al., 2:17-cv-352-TPB-NPM.

Orlando, Florida – U.S. District Judge Roy B. Dalton today sentenced Layce Owens (43, Michigan) to 12 months and a day in federal prison for failing to register as a sex offender in Florida. Owens had pleaded guilty on October 28, 2020. 

According to court documents, Owens was convicted of sodomizing a 13-year-old child in Michigan in 2001. As a result, he was required to register as a sex offender when he moved to New Smyrna Beach, Florida in 2019, but he failed to do so.

This case was investigated by the United States Marshals Service, the Volusia County Sheriff’s Office, and the Allegan County Sheriff’s Office (Michigan). It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.

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

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Julio Gonzalez (45, Lakeland) with four counts of theft of public money and two counts of aggravated identity theft. If convicted, Gonzalez faces a maximum penalty of 10 years’ imprisonment for each of the theft of public money counts and a mandatory minimum penalty of 2 years in federal prison for the aggravated identity theft counts. The indictment also notifies Gonzalez that the United States is seeking a money judgment of $110,102.90, the proceeds of the alleged offense.

According to the indictment, Gonzalez used the identity of another individual to commit Social Security fraud and theft of government funds. The indictment also alleges that between approximately February 2014 and February 2018, Gonzalez stole Social Security benefits being paid out on behalf of four different individuals. 

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 Social Security Administration, Office of the Inspector General. It will be prosecuted by Special Assistant United States Attorney Suzanne Huyler and Assistant United States Attorney James Muench.

Tampa, FL – A federal court in Florida issued a temporary restraining order enjoining a Tampa pharmacy and two of its employees from dispensing opioids and other controlled substances, the Department of Justice announced today.

In a civil complaint unsealed in the Middle District of Florida, the United States alleges that WeCare Pharmacy, its pharmacist owner Qingping Zhang, and pharmacy technician Li Yang, and another related corporate entity, L&Y Holdings LLC, repeatedly dispensed opioids in violation of the Controlled Substances Act. The complaint alleges that over a period of several years, the defendants dispensed highly addictive and highly abused prescription opioids while ignoring “red flags” — that is, obvious indications of drug diversion and drug-seeking behavior. U.S. District Judge Mary Scriven granted the government’s request for a temporary restraining order, which was filed along with the complaint.

“Pharmacists have an important role in ensuring that prescriptions for controlled substances are legitimate,” said Acting Assistant Attorney General Brian Boynton of the Justice Department’s Civil Division. “The Department of Justice will work with its partners to enforce the law where evidence shows pharmacists abdicated their responsibilities when dispensing these powerful drugs.”

“Medical professionals, including pharmacists, must utilize the best methods of efficacy and accountability when dispensing and distributing dangerous medications,” said U.S. Attorney Maria Chapa Lopez of the Middle District of Florida. “Failure to comply with our federal laws and standards places the public at great risk and cannot be tolerated. We intend to work with our law enforcement partners to hold responsible parties accountable for their actions and keep our citizens safe.”

“Pharmacies and their pharmacists have the responsibility to flag suspicious prescriptions written by doctors for highly sought after opioid medications, in order to prevent them from being dispensed,” said DEA’s Miami Field Division Special Agent in Charge Keith Weis. “When they fail to carry out this important responsibility, the dispensing of opioid medication becomes a real threat to the health of legitimate patients, and also gives pill seekers a steady supply to either fuel their addiction or illegally distribute them in our communities.”

The complaint alleges that the defendants failed to take steps required to resolve red flags and ensure the legitimacy of prescriptions before filling them. According to court documents, the prescriptions dispensed by the defendants often involved highly abused opioid painkillers such as oxycodone and hydromorphone, almost always in the highest-strength formulations generally available. The complaint alleges that the defendants repeatedly filled prescriptions written by a particular doctor without examining the red flags those prescriptions presented. The complaint seeks civil penalties as well as a permanent injunction against the defendants.   

The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial.

The United States is represented by Assistant U.S. Attorney Sean P. Keefe, and Trial Attorney Scott Dahlquist of the Justice Department’s Consumer Protection Branch. The investigation is being conducted by the DEA.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Raymond Lee Kelly (53, Cocoa) to 19 years and 7 months in federal prison for possessing a firearm as a convicted felon. Because of his extensive criminal record, which includes drug trafficking, resisting arrest with violence, battery on a law enforcement officer, and possession of a firearm in furtherance of a drug trafficking offense, Kelly qualified as an Armed Career Criminal and faced a 15-year minimum mandatory sentence. Kelly was also on supervised release from a federal prison sentence when he committed the recent offense. A federal jury had found Kelly guilty on September 1, 2020.

According to testimony and evidence presented at trial, Kelly, a convicted felon, fled from a traffic stop in Cocoa Beach—first in a car that he crashed shortly after fleeing—then on foot toward the beach. As he fled, he left behind cannabis, a digital scale, a Ruger semi-automatic handgun, and 16 rounds of ammunition. As a previously convicted felon, Kelly is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Federal Bureau of Investigation and the Cocoa Beach Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Edward Morgan (49), a/k/a Edward Croce, a/k/a Edward Carrera, to six years and six months in federal prison for theft of government funds. As part of his sentence, the court also entered a money judgment of $405,935.76, the proceeds of the theft.

Morgan had pleaded guilty on September 27, 2019.

According to court documents, beginning in November 2016 and continuing through the date of his arrest in May 2019, Morgan used fictitious checks at hundreds of United States Post Office locations in Florida and other states—Alabama, Arizona, California, Connecticut, Georgia, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, and Virginia—to purchase stamps. Morgan then converted the stamps to cash by reselling them to unsuspecting third parties, usually businesses or stamp traders. To further the scheme, Morgan often posed as a business professional during his visits to the post offices, wearing business attire and referencing his “job.” During the course of the scheme, Morgan used the personal identifying information of a real person, P.T. (now deceased), as well as the fictitious names Edward Carrera and Edward Croce. He stole more than $400,000 in stamps and other services from the United States Post Office.

This case was investigated by United States Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Rachel K. Jones and Suzanne Nebesky.

United States Attorney Maria Chapa Lopez announces that the government has filed a civil lawsuit against Mihir Taneja alleging that Taneja conspired with Larry Smith, the owner of Z Stat Medical, LLC d/b/a Oldsmar Pharmacy, to enter into a kickback arrangement with a marketing company (Centurion Compounding, Inc.), which led to millions of dollars in TRICARE reimbursement for compounding prescriptions. Specifically, the lawsuit alleges that Taneja and Smith negotiated an arrangement with Centurion in which Centurion was paid a percentage of profits from TRICARE claims that Centurion referred to Oldsmar Pharmacy. As a result, from November 2014 to February 2015, Oldsmar Pharmacy submitted thousands of claims for reimbursement to TRICARE for compounded drugs that were tainted by kickbacks and, therefore, were false. 

The actions of Taneja and his co-conspirators contributed to a larger fraud trend against TRICARE involving compounded prescriptions. TRICARE’s costs for compounded drugs skyrocketed during this period, rising from $5 million in 2004 to $514 million in 2014, before reaching a high water mark of $1.75 billion in fiscal year 2015. To date, the U.S. Attorney’s Office for the Middle District of Florida has diligently pursued fraud associated with compounding pharmacy claims, resulting in over $50 million in recoveries. 

“Kickback arrangements skew the judgment of medical providers and threaten the integrity and viability of our healthcare programs,” said U.S. Attorney Chapa Lopez. “The TRICARE program has been particularly vulnerable to these schemes in recent years. We will use every remedy at our disposal, including the civil False Claims Act, to eradicate this kind of fraud from our district.”

The lawsuit is filed under the False Claims Act, which makes a person liable to the United States if he presents, or causes another to present, false or fraudulent claims for payments. The Anti-Kickback Statute prohibits anyone from offering or paying remuneration in order to induce or reward referrals for services paid for under federal healthcare systems.

The case is captioned United States v. Mihir Taneja, Case No. 8:21-cv-102-T-24AEP. The claims asserted by the government are allegations only, and there has been no determination of liability. The United States previously filed suit against Smith and Oldsmar Pharmacy arising out of the same conduct. That case is captioned U.S. ex rel. Silva, et al. v. Z Stat Medical, LLC, et al., No. 8:15-cv-00444-T-33TGW (M.D. Fla.). 

The government’s complaint in this action illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The case is being handled by Assistant U.S. Attorney Michael R. Kenneth of the U.S. Attorney’s Office for the Middle District of Florida, with assistance of the Department of Defense Office of Inspector General. 

Jacksonville, Florida – Darius Jondi Edwards (42, Tampa) has pleaded guilty to manufacturing counterfeit Federal Reserve notes. He faces up to 20 years in federal prison and payment of restitution to the victims he defrauded. Edwards is currently on federal supervised release and faces an additional 2 years in federal prison for violating the terms of his supervision. On September 23, 2020, Edwards appeared in federal court for violating his federal supervised release, and was detained. A sentencing date has not yet been set.

According to court documents, after pleading guilty in federal court in Jacksonville, in 2015, for manufacturing counterfeit Federal Reserve notes, Edwards was sentenced to 33 months in federal prison, followed by 3 years of supervised release. After printing the counterfeit currency, Edwards and others passed the currency throughout the Jacksonville area. After his release from prison, and while on federal supervised release, Edwards was arrested by officers from the Pinellas Park Police Department while in possession of counterfeit currency, partially completed counterfeit currency, and computer media used to manufacture counterfeit Federal Reserve notes. Further investigation by law enforcement determined that Edwards had purchased the computer media used to manufacture the counterfeit notes in Duval County. He then transported the computer media to Pinellas County and began manufacturing counterfeit Federal Reserve notes.

This case was investigated by the Pinellas Park Police Department and the United States Secret Service (Jacksonville Field Office). It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

Orlando, Florida – United States District Judge Carlos E. Mendoza has sentenced Ryan Rusty Rodriguez (45, Orlando) to 18 years in federal prison for distributing, receiving, and possessing images and videos depicting children being sexually abused. Rodriguez was also ordered to serve a 10-year term of supervised release upon the completion of his prison sentence and to register as a sex offender.

A federal jury had found Rodriguez guilty on October 29, 2020.    

According to testimony and evidence presented at trial, during an undercover online investigation, FBI agents discovered that Rodriguez was using peer-to-peer networks to download and distribute child sex abuse materials over the internet. When agents executed a search warrant at Rodriguez’s home, he attempted to hide a hard drive as the agents were knocking on his door. Rodriguez also used his training in computers and specialized software to attempt to erase the evidence of his offenses. A subsequent forensic examination of Rodriguez’s computer media revealed evidence of thousands of images and videos depicting the sexual abuse of children.

 This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys John Gardella, Shawn Napier, 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.

Orlando, Florida – U.S. District Judge Carlos Mendoza today sentenced Antonio Walthour (28, Clarksville, TN) to three years and six months in federal prison for conspiracy to distribute controlled substances. Walthour had pleaded guilty on January 16, 2020. 

According to court documents, this investigation began in February 2016 in response to a fatal drug overdose occurring at the home of Eric and Holly Falkowski, who were running a counterfeit prescription pill operation out of their home in Kissimmee. The Falkowskis were using fentanyl to make pills and pressing them to look like legitimate pharmaceutical controlled substances with markings such as “Xanax,” “Lortab,” “Percocet,” or “Watson.” In the summer of 2015, Walthour agreed to receive these pills and resell them for a profit. Walthour received and sold thousands of the pills in Tennessee before being arrested for this activity in August 2015. In 2017, Eric and Holly Falkowski were sentenced for their roles in the conspiracy to 188 months and 36 months, respectively.   

This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Dana E. Hill.

The Department of Justice today announced a coordinated international law enforcement action to disrupt a sophisticated form of ransomware known as NetWalker.

NetWalker ransomware has impacted numerous victims, including companies, municipalities, hospitals, law enforcement, emergency services, school districts, colleges, and universities. Attacks have specifically targeted the healthcare sector during the COVID-19 pandemic, taking advantage of the global crisis to extort victims.

“We are striking back against the growing threat of ransomware by not only bringing criminal charges against the responsible actors, but also disrupting criminal online infrastructure and, wherever possible, recovering ransom payments extorted from victims,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division.  “Ransomware victims should know that coming forward to law enforcement as soon as possible after an attack can lead to significant results like those achieved in today’s multi-faceted operation.”

The NetWalker action includes charges against a Canadian national in relation to NetWalker ransomware attacks in which tens of millions of dollars were allegedly obtained, the seizure of approximately $454,530.19 in cryptocurrency from ransom payments, and the disablement of a dark web hidden resource used to communicate with NetWalker ransomware victims.

“This action reflects the resolve of the U.S. Attorney’s Office for the Middle District of Florida to target and disrupt sophisticated, international cybercrime schemes,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida.  “While these individuals believe they operate anonymously in the digital space, we have the skill and tenacity to identify and prosecute these actors to the full extent of the law and seize their criminal proceeds.”

According to court documents, NetWalker operates as a so-called ransomware-as-a-service model, featuring “developers” and “affiliates.” Developers are responsible for creating and updating the ransomware and making it available to affiliates. Affiliates are responsible for identifying and attacking high-value victims with the ransomware, according to the affidavit. After a victim pays, developers and affiliates split the ransom.

“This case illustrates the FBI’s capabilities and global partnerships in tracking ransomware attackers, unmasking them, and holding them accountable for their alleged criminal actions,” said Special Agent in Charge Michael F. McPherson of the FBI’s Tampa Field Office. “If you are a victim of ransomware, contact your local FBI field office or submit a tip to tips.fbi.gov. You can also file a complaint with the FBI’s Internet Crime Complaint Center at www.ic3.gov.”

According to the affidavit, once a victim’s computer network is compromised and data is encrypted, actors that deploy NetWalker deliver a file, or ransom note, to the victim. Using Tor, a computer network designed to facilitate anonymous communication over the internet, the victim is then provided with the amount of ransom demanded and instructions for payment.

Actors that deploy NetWalker commonly gain unauthorized access to a victim’s computer network days or weeks prior to the delivery of the ransom note. During this time, they surreptitiously elevate their privileges within the network while spreading the ransomware from workstation to workstation. They then send the ransom note only once they are satisfied that they have sufficiently infiltrated the victim’s network to extort payment, according to the affidavit.

According to an indictment unsealed today, Sebastien Vachon-Desjardins of Gatineau, a Canadian national, was charged in the Middle District of Florida. Vachon-Desjardins is alleged to have obtained at least over $27.6 million as a result of the offenses charged in the indictment.

The Justice Department further announced that on Jan. 10, law enforcement seized approximately $454,530.19 in cryptocurrency, which was comprised of ransom payments made by victims of three separate NetWalker ransomware attacks.

This week, authorities in Bulgaria also seized a dark web hidden resource used by NetWalker ransomware affiliates to provide payment instructions and communicate with victims. Visitors to the resource will now find a seizure banner that notifies them that it has been seized by law enforcement authorities.

The investigation was led by the FBI’s Tampa field office.

Trial Attorneys S. Riane Harper and Brian Mund of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Carlton C. Gammons and Suzanne Nebesky of the U.S. Attorney’s Office for the Middle District of Florida are prosecuting the case against Vachon-Desjardins.

Substantial assistance was provided by the Department of Justice’s Office of International Affairs. Additionally, the Bulgarian National Investigation Service and General Directorate Combating Organized Crime provided substantial assistance in the seizure of the dark web hidden resource.

An indictment is merely an allegation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Tampa, FL – The Department of Justice today announced a coordinated international law enforcement action to disrupt a sophisticated form of ransomware known as NetWalker.

NetWalker ransomware has impacted numerous victims, including companies, municipalities, hospitals, law enforcement, emergency services, school districts, colleges, and universities. Attacks have specifically targeted the healthcare sector during the COVID-19 pandemic, taking advantage of the global crisis to extort victims.

“We are striking back against the growing threat of ransomware by not only bringing criminal charges against the responsible actors, but also disrupting criminal online infrastructure and, wherever possible, recovering ransom payments extorted from victims,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division.  “Ransomware victims should know that coming forward to law enforcement as soon as possible after an attack can lead to significant results like those achieved in today’s multi-faceted operation.”

The NetWalker action includes charges against a Canadian national in relation to NetWalker ransomware attacks in which tens of millions of dollars were allegedly obtained, the seizure of approximately $454,530.19 in cryptocurrency from ransom payments, and the disablement of a dark web hidden resource used to communicate with NetWalker ransomware victims.

“This action reflects the resolve of the U.S. Attorney’s Office for the Middle District of Florida to target and disrupt sophisticated, international cybercrime schemes,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida.  “While these individuals believe they operate anonymously in the digital space, we have the skill and tenacity to identify and prosecute these actors to the full extent of the law and seize their criminal proceeds.”

According to court documents, NetWalker operates as a so-called ransomware-as-a-service model, featuring “developers” and “affiliates.” Developers are responsible for creating and updating the ransomware and making it available to affiliates. Affiliates are responsible for identifying and attacking high-value victims with the ransomware, according to the affidavit. After a victim pays, developers and affiliates split the ransom.

“This case illustrates the FBI’s capabilities and global partnerships in tracking ransomware attackers, unmasking them, and holding them accountable for their alleged criminal actions,” said Special Agent in Charge Michael F. McPherson of the FBI’s Tampa Field Office. “If you are a victim of ransomware, contact your local FBI field office or submit a tip to tips.fbi.gov. You can also file a complaint with the FBI’s Internet Crime Complaint Center at www.ic3.gov.”

According to the affidavit, once a victim’s computer network is compromised and data is encrypted, actors that deploy NetWalker deliver a file, or ransom note, to the victim. Using Tor, a computer network designed to facilitate anonymous communication over the internet, the victim is then provided with the amount of ransom demanded and instructions for payment.

Actors that deploy NetWalker commonly gain unauthorized access to a victim’s computer network days or weeks prior to the delivery of the ransom note. During this time, they surreptitiously elevate their privileges within the network while spreading the ransomware from workstation to workstation. They then send the ransom note only once they are satisfied that they have sufficiently infiltrated the victim’s network to extort payment, according to the affidavit.

According to an indictment unsealed today, Sebastien Vachon-Desjardins of Gatineau, a Canadian national, was charged in the Middle District of Florida. Vachon-Desjardins is alleged to have obtained at least over $27.6 million as a result of the offenses charged in the indictment. 

The Justice Department further announced that on Jan. 10, law enforcement seized approximately $454,530.19 in cryptocurrency, which was comprised of ransom payments made by victims of three separate NetWalker ransomware attacks.

This week, authorities in Bulgaria also seized a dark web hidden resource used by NetWalker ransomware affiliates to provide payment instructions and communicate with victims. Visitors to the resource will now find a seizure banner that notifies them that it has been seized by law enforcement authorities.

The investigation was led by the FBI’s Tampa field office.

Assistant U.S. Attorneys Carlton C. Gammons and Suzanne Nebesky of the U.S. Attorney’s Office for the Middle District of Florida are prosecuting the case against Vachon-Desjardins, along with Trial Attorneys S. Riane Harper and Brian Mund of the Criminal Division’s Computer Crime and Intellectual Property Section.

Substantial assistance was provided by the Department of Justice’s Office of International Affairs. Additionally, the Bulgarian National Investigation Service and General Directorate Combating Organized Crime provided substantial assistance in the seizure of the dark web hidden resource.

An indictment is merely an allegation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Tampa, Florida – Keith Nicoletta (48, Dade City) has pleaded guilty to a conspiracy to launder stolen COVID relief funds. He faces a maximum penalty of 20 years in federal prison. Nicoletta also agreed to forfeit more than $1.9 million, a 2020 Mercedes, a 2020 Ford F-250, real property located in Pasco County, and other funds and assets that are traceable proceeds of the offense.

According to the plea agreement, in May 2020, Nicoletta and his conspirators stole more than $1.9 million in emergency loan funds from the Paycheck Protection Program (“PPP”), which were guaranteed by the Small Business Administration. The fraudulent PPP loan application claimed that Nicoletta’s local business had 69 employees with a purported monthly payroll exceeding $760,000—or more than $9 million annually. In fact, the business had no employees and its address was actually Nicoletta’s home.

Once the emergency loan was secured, the PPP funds were not used for qualified expenses. Instead, the conspirators immediately began laundering the money through several different financial institutions. Nicoletta also withdrew more than $100,000 in cash. In October 2020, more than $40,000 in cash was recovered during a search of Nicoletta’s home. After laundering the PPP funds, Nicoletta spent lavishly, including the purchase of a 2020 Mercedes for more than $100,000, a 2020 special edition Ford F-250 pickup valued at more than $66,000, jewelry, and the installation of a pool at his home costing approximately $63,000. None of the money, however, was used for payroll, as Congress had intended.

The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted March 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding. The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses must use PPP loan proceeds for payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if the business spends the proceeds on these expenses within a set time period and uses at least a certain percentage of the loan toward payroll expenses.

This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, Tampa Field Office. It is being prosecuted by Assistant United States Attorneys Kristen A. Fiore and Suzanne Nebesky.

Ocala, FL – United States Attorney Maria Chapa Lopez announces the return of a two-count indictment charging Brandon Barnes (29, Lecanto) with possessing a firearm and ammunition as a convicted felon and possessing an unregistered National Firearms Act weapon (sawed-off shotgun). If convicted, Barnes faces a maximum penalty of 10 years in federal prison on each count. The indictment also notifies Barnes that the United States intends to forfeit the firearm and ammunition.

According to court documents, on June 10, 2020, a state search warrant was executed at a Citrus County residence known for illegal drug sales. Barnes was found at the residence with a loaded, sawed-off shotgun on his bed. The shotgun had an overall length of less than 26 inches, making it subject to registration in the National Firearms Registration and Transfer Record. The gun had not been registered.

Barnes is a five-time convicted felon for fraud and illegal drug possession. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.

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

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

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Orlando, Florida – United States Attorney Maria Chapa Lopez, along with federal and state law enforcement partners, announces that six individuals have been charged by federal criminal complaints, as part of a joint investigation – “Operation Paydirt” – targeting firearms and drug trafficking in in Daytona Beach, Florida. (See chart for details).

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 investigation is the result of a partnership between the United States Attorney’s Office for the Middle District of Florida, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Daytona Beach Police Department. The cases will be prosecuted by Assistant United States Attorneys E. Jackson Boggs, Jr., Amanda Daniels, Daniel Jancha, and Terry Livanos.

These cases prosecuted will be prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

SUMMARY CHART

Name

(Age, Residence)

Charges

Maximum Penalties

Paris Aviles

(28, Daytona Beach)

Possession of a firearm in furtherance of a drug trafficking crime

Mandatory minimum of 5 years, up to life, in federal prison

Elton Jones

(48, Daytona Beach)

Possession of a firearm in furtherance of a drug trafficking crime

Mandatory minimum of 5 years, up to life, in federal prison

Lascelles Francis

(29, Daytona Beach)

Possession of a firearm in furtherance of a drug trafficking crime

Mandatory minimum of 5 years, up to life, in federal prison

Diven McClure

(56, Daytona Beach)

Possession of a firearm in furtherance of a drug trafficking crime

Mandatory minimum of 5 years, up to life, in federal prison

Marcus Rubin

(40, Daytona Beach)

Conspiracy to distribute a controlled substance

Distribution of a controlled substance

20 years in federal prison

20 years in federal prison

Leven Reynaldo Render, Jr.

(26, Daytona Beach)

Possession of a firearm in furtherance of a drug trafficking crime

Mandatory minimum of 5 years, up to life, in federal prison

Tampa, Florida – U.S. District Judge William F. Jung has sentenced William Johnson (31, Holiday) to 12 years and 7 months in federal prison for participating in a conspiracy to possess with the intent to distribute 400 grams or more of a mixture or substance containing a detectable amount of fentanyl and for possessing 400 grams or more of fentanyl with the intent to distribute it. 

Johnson had pleaded guilty on November 4, 2020.

According to court documents, Johnson traveled with a co-conspirator to deliver approximately 5 kilograms of fentanyl. Johnson, driven by his companion, fled the meet location when law enforcement moved in to arrest the two. Johnson led officers on a chase for more than 20 miles, sometimes traveling in excess of 100 miles per hour. During the chase, Johnson attempted to dump the fentanyl out of the car. He also dumped a gallon of chainsaw bar oil out of the window to interfere with the police pursuit. Law enforcement ultimately disabled Johnson’s vehicle with spike strips, but not before Johnson’s vehicle had struck a bystander’s vehicle.

This case was investigated by the Drug Enforcement Administration, the Florida Highway Patrol, and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Callan Albritton.

This investigation is the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.

Orlando, FL – United States Attorney Maria Chapa Lopez announces today that the Estate of Dr. Patrick T. Hunter has paid the United States $1.75 million to resolve allegations that Dr. Hunter violated the False Claims Act by submitting claims for kidney stone procedures that were not medically justified and for engaging in an illegal kickback arrangement. Dr. Hunter passed away in March 2019.

The settlement relates to Dr. Hunter’s submission of claims for extracorporeal shock wave lithotripsy, a procedure used to break up kidney stones. According to the settlement agreement, between January 2010 and April of 2016, Dr. Hunter performed lithotripsy procedures on Medicare and TRICARE patients that were medically unnecessary because the procedures were not medically indicated or because there were no kidney stones in those patients. 

The settlement agreement also resolves allegations that Dr. Hunter engaged in an illegal kickback arrangement with the Orlando Center for Outpatient Surgery, LP, where he performed the lithotripsy procedures. Dr. Hunter and the Orlando Center allegedly entered into an illegal kickback arrangement where Dr. Hunter agreed to perform his lithotripsy procedures at the Orlando Center in exchange for payments from the Orlando Center, in violation of the Anti-Kickback Statute. These procedures were then billed to and paid by Medicare and TRICARE in violation of the False Claims Act.

“Physicians that perform illegal and baseless procedures violate the sanctity of the doctor-patient relationship,” said U.S. Attorney Chapa Lopez. “The U.S. Attorney’s Office remains committed to pursuing providers who perform unnecessary procedures and engage in illegal kickback agreements that violate the law.”

“Health care fraud impacts both Medicare beneficiaries and taxpayers alike. Fraud schemes are especially insidious when unscrupulous medical professionals try to enrich themselves by performing unnecessary procedures and engaging in kickback arrangements with others in the health care community,” said Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “With our law enforcement partners, our agency will continue to investigate individuals who commit health care fraud.”

The settlement resulted from a lawsuit originally filed in the United States District Court for the Middle District of Florida by Scott Thompson. Mr. Thompson sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. Mr. Thompson will receive $385,000 of the proceeds from the settlement with Dr. Hunter’s Estate.

The United States’ intervention in this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477). 

This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, the HHS Office of Inspector General, and the Defense Health Agency. Assistant United States Attorneys Jeremy R. Bloor and Sean Keefe led the investigation.

The case is captioned United States ex rel. Thompson v. Surgical Care Affiliates et al., Case No. 6:16-cv-2189-Orl-22KRS. The settlement resolves the United States’ claims against Dr. Hunter’s Estate in that case. The case remains pending against the other defendants. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Tavares Speaight (25, Tampa) to two years in federal prison for possessing a firearm as a convicted felon. The court also ordered Speaight to forfeit the firearm and ammunition used in the offense.

Speaight had pleaded guilty on October 21, 2020.

According to court documents, law enforcement officers went to an apartment complex in Tampa looking for Speaight, who had outstanding arrest warrants. Speaight fled when he saw the officers and, after a brief foot chase, was arrested. Subsequent to the arrest, officers located a handgun on Speaight’s person. Speaight had previously been convicted of robbery, a felony, and 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 Callan Albritton.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Jimmy Wayne Hammonds, also known as “the Monkey Whisperer” (57, Parrish), with conspiracy, trafficking, and submitting a false record in violation of the Lacey Act, a federal law involving the illegal trade in wildlife. Hammonds was also charged with violations of the Endangered Species Act and witness tampering. If convicted, Hammonds faces a maximum penalty of 20 years’ imprisonment on the witness tampering count, up to 5 years in federal prison on each of the conspiracy and Lacey Act counts, and up to 1 year on each Endangered Species count.

According to the indictment, Hammonds owned and operated The Monkey Whisperer, LLC - a business engaged in the breeding and selling of wildlife. From September 2017 until February 2018, Hammonds conspired to sell a capuchin monkey to a buyer in California, even though that buyer could not lawfully possess a capuchin monkey in California. Hammonds facilitated the transportation of the capuchin monkey from Florida to California through individuals who were not permitted to possess that species of monkey in either state. Law enforcement later seized that monkey from the residence of the California buyer.

In addition, according to the indictment, Hammonds illegally sold cotton-top tamarins, which are primates listed as an endangered species, to buyers in Alabama, South Carolina, and Wisconsin. Hammonds allegedly concealed his unlawful wildlife trafficking by submitting false records to a law enforcement officer and attempted to persuade a witness to lie to a law enforcement officer.

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

This case was investigated by the U.S. Fish and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, and the California Department of Fish and Wildlife. It will be prosecuted by Assistant United States Attorney Colin McDonell.

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Kwame’ Leon Weaver (31, Clearwater) to 10 years in federal prison for possessing a mixture of fentanyl, acetylfentanyl, and heroin with the intent to distribute it. 

Weaver had pleaded guilty on November 20, 2019.

According to court documents, Weaver sold fentanyl and acetylfentanyl to an undercover law enforcement officer on several occasions. When officers executed a search warrant at Weaver’s residence, they found him outside, whereupon he dropped several grams of an acetytlfenatnyl/fentanyl/heroin mixture. The officers also recovered a .38 caliber pistol from inside Weaver’s home. Weaver has prior convictions for carjacking and selling hydromorphone and therefore is prohibited from possessing firearms under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Callan L. Albritton.

Tampa – United States Attorney Maria Chapa Lopez announced today that the Middle District of Florida (MDFL) collected $276,324,126.35 in criminal and civil actions in the fiscal year ending September 30, 2020 (FY 2020). Of this amount, $99,349,069.35 represents collections from locally handled criminal and civil actions, including $65,223,665.55 in civil actions and $34,125,403.80 in criminal actions.

The MDFL’s Civil Division, led by Civil Chief Randy Harwell, recovered a total of $222,965,488 on behalf of federal agencies and programs in affirmative civil enforcement cases during the last fiscal year. This amount has two components. In addition to its efforts in local civil cases noted above, the district’s Civil Division also joins forces with other U.S. Attorney’s Offices and with the Department of Justice Civil Frauds Section to address fraud schemes and illegal practices extending beyond district boundaries. The MDFL’s Civil Division recovered an additional $157,741,823 in these jointly handled cases. 

Additionally, the district’s Asset Recovery and Victims’ Rights Division, led by Chief Anita Cream, recovered $19,233,234 in asset forfeiture actions last fiscal year. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes. For instance, in FY 2019, nearly $21 million forfeited in the MDFL in this and prior years was returned to victims of the criminal offenses upon which the forfeitures were based, and more than $4.5 million was shared with federal, state, and local law enforcement agencies. 

“Through our collaborative work with our federal, state, and local law enforcement partners, our collection efforts have resulted in the recovery of millions of dollars from convicted criminals and others who have benefitted from fraud and other illegal activities,” said U.S. Attorney Chapa Lopez. “These collected funds will assist victims in their recovery and assist law enforcement as they continue to hold criminals accountable for their crimes.”

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

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights, or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the U.S. Department of Health and Human Services, the Defense Health Agency, the Internal Revenue Service, the Small Business Administration, and the Department of Education. See below for MDFL significant civil case highlights.

CIVIL HEALTHCARE ENFORCEMENT CASE SUMMARIES

United States ex rel. Gardner v. Universal Health Services, Inc., et al., case no. 3:12-civ-608 (M.D. Fla.) 

A whistleblower filed a complaint under the qui tam provisions of the False Claims Act, alleging that a nationwide provider of behavioral health services, Universal Health Services, Inc., had defrauded federal health programs in a variety of ways, notably by submitting bills for behavioral health services provided to ineligible patients, failing to discharge patients when they no longer needed inpatient or residential treatment, and improper use of physical and chemical restraints and seclusion. While the investigation was underway, seventeen other qui tam cases were filed against the defendants that made overlapping allegations. These cases were transferred to the Eastern District of Pennsylvania where Universal Health maintains its corporate headquarters, and, on July 20, 2020, the cases were globally settled for $122,000,000. Of this amount, $88,124,761 was paid to the United States, with the balance paid to participating state Medicaid plans. In terms of total settlement amount, this is the fifth largest civil health care settlement in the history of the Middle District of Florida. Press release: www.justice.gov/opa/pr/universal-health-services-inc-and-related-entities-pay-122-million-settle-false-claims-act   

United States ex rel. Cho v. Surgery Partners, Inc., et al., case no. 8:17-civ-918 (M.D. Fla.)

Within a span of only a few days, two separate whistleblowers filed two qui tam complaints (one in the Eastern District of Pennsylvania and one in the Middle District of Florida) that alleged a large Tampa pain management practice, Tampa Pain Relief Centers, conspired with a local laboratory, Logan Laboratories, and their corporate owner, Surgery Partners, Inc., to defraud federal health programs through claims for medically unnecessary urine drug testing services. The United States intervened in order to settle these claims, and recovered $41,000,000, of which $40,741,823 was paid to the federal government. The balance was paid to state Medicaid plans. Press release: www.justice.gov/opa/pr/reference-laboratory-pain-clinic-and-two-individuals-agree-pay-41-million-resolve-allegations   

Opthalmic Consultants, P.A.

A civil investigation was opened into the practices of this Sarasota ophthalmology practice and its co-owners, Robert Snyder, M.D. and Paul Runge, M.D., based upon a referral from the local Medicare integrity contractor. The investigation concluded that from 2013 through 2017, the practice and the two physicians had submitted false claims to Medicare, Tricare, and federal employee health benefit plans arising from treatment of eye conditions. Specifically, the investigation concluded that they had improperly engaged in a practice known as “multi-dosing” (using a single vial of medication to provide doses to multiple patients) in order to receive reimbursement to which they were not entitled.  On June 20, 2020, the practice and Dr. Snyder agreed to pay $4.8 million to resolve these civil claims. Press release: https://www.justice.gov/usao-mdfl/pr/sarasota-based-ophthalmic-consultants-agrees-pay-48-million-resolve-claims-multi-dosing   

United States ex rel. Parker v. Florida Cancer Research Institute, et al., case no. 2:17-civ-428 (M.D. Fla.)

An employee of the Florida Cancer Research Institute filed a qui tam complaint after she contacted the VA Office of Inspector General’s hotline to report that the institute was being overpaid by the VA for physician-administered drugs. An agency audit following the hotline complaint determined that a mistake in the Fee Basis Claims System had led the Florida Claims Processing Centers to pay the full amount billed by the provider rather than the appropriate Medicare rate. Subsequently, the VA fixed the issue and the institute worked cooperatively with the United States to determine the amount of an overpayment, ultimately returning $2,341,508. Press release: https://www.justice.gov/usao-mdfl/pr/cancer-treatment-center-repays-more-234-million-resolve-civil-claims-pertaining

United States and State of Florida ex rel. Peters v. Hope Hospice and Community Services, et al., case no. 2:16-civ-6 (M.D. Fla.)

A former director of hospice care at a southwest Florida provider of hospice filed a qui tam lawsuit alleging that her former employer, Hope Hospice and Community Services, had defrauded Medicare through claims for reimbursement of medically unnecessary hospice care. The ensuing civil investigation concluded that from July 1, 2012 through June 30, 2016, the provider had submitted claims for services provided to hospice patients who were not terminally ill, in certain instances to patients for a period of over four years. On July 8, 2020, the United States announced a settlement of these civil claims in return for $3,200,000. Press release: https://www.justice.gov/usao-mdfl/pr/hope-hospice-agrees-pay-32-million-settle-false-claims-act-liability   

United States ex rel. Silva et al. v. Vici Marketing, Inc., et al., case no. 8:15-civ-444 (M.D. Fla.)

In 2015, two former employees of Oldsmar Pharmacy filed a qui tam complaint alleging that the Tampa Bay area compounding pharmacy submitted claims for millions of dollars in reimbursement to the Tricare health program that were tainted by kickbacks. Among their allegations was that a marketing company owned by Scott Roix – Vici Marketing – was sending patient information to doctors, who certified the patients’ need for compounded pain creams. The compounding pharmacy defendants then billed Tricare for millions of dollars in reimbursement for these medically unnecessary creams. In August, 2018, the United States intervened in the qui tam lawsuit and filed its own complaint, alleging that Roix and his marketing companies fraudulently obtained insurance coverage information from consumers across the country, used that information to arrange for medically unnecessary prescriptions of pain creams, and sold the prescriptions to pharmacies under the guise of marketing services. The United States further alleged that the payments solicited from the pharmacies were based on the volume and value of the prescriptions. On August 1, 2019, the United States announced an ability to pay settlement with Mr. Roix and his marketing companies (HealthRight, LLC; Health Savings Solutions, LLC; Vici Marketing, LLC; and Vici Marketing Group, LLC) that resolved the allegations of the United States in its civil complaint for $2,500,000. The civil settlement also resolved claims that HealthRight, at the direction of Roix, received payments from Synergy Pharmacy that were based on the value and volume of prescriptions solicited by HealthRight on behalf of Synergy Pharmacy. These allegations were also the subject of a criminal case captioned United States v. Roix, et al., case No. 2:18-cr-133 (E.D. Tenn.), in which Roix and HealthRight pleaded guilty in September 2018. Press release: https://www.justice.gov/usao-mdfl/pr/telemarketer-and-his-companies-agree-pay-25-million-settle-allegations-they-operated  

United States ex rel. Green et al. v. Tran, et al., case no. 5:15-civ-60 (M.D. Fla.)

In 2015, two relators filed a qui tam complaint alleging that a Villages dermatologist, Thi Thien Nguyen Tran, and his practice, Village Dermatology and Cosmetic Surgery, had defrauded Medicare through a variety of schemes. After a lengthy investigation, we substantiated that Dr. Tran had upcoded claims for complex wound repairs following Mohs surgery procedures, and billed them as adjacent tissue transfers in order to obtain Medicare reimbursement that he was not entitled to receive. On March 13, 2020, we intervened in order to settle these claims in return for $1,744,000. Press release: https://www.justice.gov/usao-mdfl/pr/villages-dermatologist-agrees-pay-more-17-million-settle-false-claims-act-liability    

Tampa, Florida – Christopher Buonocore (34, Hicksville, NY) has pleaded guilty to six counts of cyberstalking. He faces a maximum penalty of five years in federal prison on each count. A sentencing date has not yet been set.

According to court documents, over a seven-year period, Buonocore used text messages, fictitious phone numbers, and social media accounts to harass, intimidate, cyberstalk, and attempt to sextort six women, including a minor. Buonocore’s harassment campaign involved posting sexually explicit and nude images of the victims to the internet, and personal identifying information such as their phone numbers, addresses, and social media profile names. Buonocore solicited individuals online, unknown to him, to contact and harass the victims, including, at times, encouraging these individuals to rape a victim or extort additional sexually explicit images from them.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Lisa M. Thelwell.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Jermica Jerri Dominick Brooks (37, Orlando) a/k/a “Jermica Jerri Dominick Sykes” to six years and nine months in federal prison for two separate wire fraud schemes and aggravated identity theft. The court also ordered Brooks to forfeit more than $25,000, which is traceable to benefits she had received as a result of the offenses. 

Brooks had pleaded guilty on November 12, 2020.

According to court documents, following Hurricane Irma in 2017, Brooks used stolen identities to file five applications for disaster assistance from the Federal Emergency Management Agency (FEMA). Brooks had obtained the personally identifiable information of certain victims during the course of her employment at a local plumbing business, where she worked as an office manager in or about 2016.  Brooks obtained other stolen identities by purchasing the information through illicit channels. At sentencing, a victim informed the Court that she was unable to obtain FEMA assistance following Hurricane Irma because Brooks had already filed a fraudulent application in her name.

In a separate scheme, from January through May 2018, Brooks applied for and obtained 10 apartment leases in the names of identity theft victims. She used unauthorized or nonexistent financial account information to make it appear that her application and initial rent payments were legitimate, and feigned personal emergencies to secure occupancy in the leased apartments before those electronic payments were returned or rejected. Those leases resulted in a series of evictions in the names of Brooks’s victims. According to victims’ statements provided to the Court at sentencing, Brooks’s repeated use of their identities resulted in significant hardships surrounding their efforts to secure credit, housing, and car loans.

This case was investigated by the Department of Homeland Security – Office of the Inspector General, the Orlando Police Department, the Casselberry Police Department, the Orange County Sheriff’s Office, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging David Alan Quarles (49, Odessa) with conspiracy; sex trafficking by force, threats, fraud, or coercion; importation of an alien for the purpose of prostitution; transportation of an individual in interstate commerce for the purpose of prostitution; and using a facility of interstate commerce in aid of prostitution. If convicted on all counts, Quarles faces a maximum penalty of life in federal prison. The indictment also notifies Quarles that the United States intends to forfeit assets alleged to have facilitated these offenses or that are traceable to proceeds of the offenses.

According to the

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 and the U.S. Coast Guard Investigative Service. It will be prosecuted by Assistant United States Attorney Colin McDonell.

Ocala, Florida – United States Attorney Maria Chapa Lopez announces the return of an 11-count superseding indictment charging David Chappell Fey (56, Belleview) and Shari Lynn Gunter (57, Ocklawaha) with the murder of a government witness and conspiracy to murder a government witness. Fey and Gunter are also charged with conspiracy to distribute methamphetamine and fentanyl causing the death of their victim. Fey faces an additional eight counts of distributing methamphetamine and Gunter faces one count of distributing methamphetamine.

The statutory penalties for these offenses include up to life imprisonment and death.

According to the superseding indictment and other court records, Fey and Gunter conspired together and murdered “K.B.” to prevent her from communicating information to law enforcement regarding the distribution of methamphetamine by Gunter and Fey. On April 6, 2016, K.B. was found deceased in her parked vehicle near a cemetery in Oxford, Florida, the victim of an apparent drug overdose. Upon further investigation by local, state, and federal agencies, it was determined that K.B.’s death was not accidental, but that she died from homicide caused by the intentional injection of fentanyl and methamphetamine. K.B. was 31 years old at the time of her death.

In addition to intentionally murdering and conspiring to kill K.B., the superseding indictment alleges that Fey and Gunter conspired to distribute methamphetamine and fentanyl, the use of which resulted in the death of K.B. Fey is separately charged with distribution and possession with intent to distribute methamphetamine on eight different occasions between January 19, 2016, and October 17, 2019. Gunter is charged jointly with Fey in one of the distribution counts, occurring on January 19, 2016.

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

This case is being investigated by the Drug Enforcement Administration, with support from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Department of Law Enforcement, the Marion County Sheriff’s Office, the Unified Drug Enforcement Strike Team, the Sumter County Sheriff’s Office, and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Michael P. Felicetta and Tyrie K. Boyer. 

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Brian Roy Lozito (51, Orange Park) with conspiracy to commit wire fraud and 12 counts of wire fraud. If convicted, Lozito faces a maximum penalty of 20 years in federal prison on each count and payment of restitution to the victims he defrauded. Lozito was arraigned on the charges on January 11, 2021. His trial is set for March 1, 2021.   

According to the indictment, Lozito owned and managed American Investigative Services (AIS). AIS purported to offer consumers mortgage auditing services in exchange for a fee. Lozito and his conspirators solicited customers nationwide through mailings and telephone calls. In these solicitations, Lozito and AIS employees under his direction made false and fraudulent representations to consumers, including that AIS would perform “forensic audits” of mortgage documents in order to uncover evidence of deficiencies in the mortgage documents. Lozito claimed AIS would obtain quitclaim deeds and other remedies, so the mortgage holders would be relieved of their mortgage debt and own their properties free and clear. If AIS could not help the consumer, Lozito promised to refund their money. In reality, AIS did not perform the services paid for by consumers and did not refund money to consumers. Money collected from consumers went to bank accounts controlled by Lozito, and he spent the money. 

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

This case was investigated by the U.S. Secret Service (Jacksonville Field Office) and the Office of the Florida Attorney General – Consumer Protection Division, with assistance from the Clay County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

The owner of an Orlando-area telemarketing call center was convicted for his role in a kickback scheme involving expensive genetic tests and fraudulent telemedicine services that resulted in the payment of approximately $2.8 million in false and fraudulent claims to Medicare.

Acting Assistant Attorney General David P. Burns of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Michael F. McPherson of the FBI’s Tampa Division, and Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services – Office of Inspector General (HHS-OIG) for the Middle District of Florida, made the announcement.

Ivan Andre Scott, 34, of Kissimmee, Florida was convicted after a four-day trial of one count of conspiracy to commit health care fraud, three counts of health care fraud, one count of conspiracy to defraud the United States and pay and receive health care kickbacks, and three counts of receiving kickbacks. 

According to evidence presented at trial, Scott was the owner of Scott Global, a telemarketing call center located in Orlando. The evidence showed that Scott targeted Medicare beneficiaries with telemarketing phone calls falsely stating that Medicare covered expensive cancer screening genetic testing, or “CGx.” The tests could cost as much as $6,000 per test. After beneficiaries agreed to take the test, the evidence showed Scott paid bribes and kickbacks to telemedicine companies to obtain doctor’s orders authorizing the tests. 

The evidence showed that the telemedicine doctors approved the expensive testing even though they were not treating the beneficiary for cancer or symptoms of cancer, and often without even speaking with the beneficiary. According to the evidence presented at trial, Scott then sold the genetic tests and doctor’s orders to laboratories in exchange for illegal kickbacks. To conceal the illegal kickbacks, Scott submitted invoices to the laboratories and other marketers making it appears as though he were being paid for hourly marketing services, rather than per referral. 

Between November 2018 and May 2019, labs submitted more than $2.8 million in claims to Medicare for genetic tests Scott referred to them, of which Medicare paid over $880,000. In that timeframe, Scott personally received approximately $180,000 for his role in the scheme.

The case was investigated by the HHS-OIG and the FBI and was brought as part of Operation Double Helix, a federal law enforcement action led by the Health Care Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section, focused on fraudulent genetic cancer testing that has resulted in charges against dozens of defendants associated with telemedicine companies and cancer genetic testing laboratories for their alleged participation in one of the largest health care fraud schemes ever charged. Trial Attorneys Alejandro Salicrup and Jamie de Boer of the Criminal Division’s Fraud Section are prosecuting the case.

Tampa, FL – U.S. Attorney Maria Chapa Lopez recognizes the service of federal, state, local, and tribal police officers on Law Enforcement Appreciation Day, which is being observed Saturday, January 9, 2021. On this date, communities across the country will show their appreciation and support for law enforcement agencies and their personnel in various ways.

“I ask that you join me in recognizing the tremendous service and sacrifices that our law enforcement officers have made this past year and make every day,” said U.S. Attorney Maria Chapa Lopez. “Together, with our ongoing partnerships, commitment, and dedication, we will continue to work together to ensure that our citizens, here in the Middle District of Florida, are safe and secure.”

As part of this national day of recognition, citizens across the country are encouraged to share their expressions of gratitude and support for local law enforcement agencies, officers, and public safety personnel within their respective communities. Likewise, citizens and officers alike are encouraged to share their positive experiences and collaborations with each other.  

The Middle District of Florida serves 35 of the 67 counties in Florida, which is over half the population of Florida. Headquartered in Tampa, five offices are located throughout the district.

Ocala, Florida – Gary Dewayne Martin (31, Fort McCoy, FL) has pleaded guilty to possessing an unregistered firearm silencer. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

Martin had been indicted on July 15, 2020.

According to the plea agreement, on September 20, 2019, law enforcement officers responded to Martin’s residence to investigate reports that he had been threatening individuals with a gun. Deputies located 37 firearms and large quantities of ammunition, including a .22 caliber rifle with a homemade silencer attached to the barrel. Martin subsequently admitted that the firearm and silencer belonged to him. Martin had never registered the silencer, nor sought permission to manufacture it, as is required under federal law.

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

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Tampa, Florida – Senior U.S. District Judge Virginia Hernandez Covington today sentenced Christopher John Streeter (63, Land O’Lakes) to life in federal prison for sex trafficking of a child under the age of 14. Streeter had pleaded guilty on October 15, 2020.

According to court documents, from September 2018 through June 2019, Streeter directly participated in a scheme that sexually exploited children in the Philippines in order to produce child sex-abuse videos for his consumption. Over that period, Streeter communicated and transacted with Philippines-based facilitators to recruit children to engage in sex acts on camera. The child victims—some of whom were as young as 12 and 13 years of age—were particularly vulnerable due to poverty and illness.

Streeter sent payments to the Philippines in exchange for depictions of the victims engaging in sex acts. The money that Streeter remitted covered various recording production costs, such as hotel rooms, transportation, and a commission for the recruiters. In return, Streeter received videos and images of children involved in various sex acts that tracked Streeter’s directives. Streeter negotiated and paid a premium for videos and images depicting female children losing their virginity and being harmed by other forms of sexual violence. He also negotiated and paid a premium for media depicting female children being placed at risk of pregnancy, including additional payment for emergency contraception pills and, occasionally, for abortions.  

One of Streeter’s victims was a 12-year-old girl from Ozamis, Philippines. In 2018 and 2019, Streeter communicated with a Philippine recruiter in Ozamis named Analyn Tababini. On multiple occasions, while in the Tampa Bay area, Streeter paid Tababini to arrange for sex-abuse videos to be made of the victim. The monies covered production costs, including the male abuser, money for the victim, hotel expenses, and a commission for Tababini. In return, Tababini sent Streeter several videos of the sexual abuse of the victim. At one point, Streeter voiced displeasure with the videos not depicting insemination of the victim and ordered Tababini to purchase and make the victim take emergency contraception for future videos.

In addition to working for Streeter, Homeland Security Investigations Transnational National Criminal Investigative Unit in Manila discovered that Tababini has facilitated internet sex shows of minors in exchange for payment from an array of international clientele. In a recent, coordinated operation conducted by the Philippine National Police in Ozamis, Philippines, six of Tababini’s child sex-trafficking victims (including Streeter’s 12-year-old victim) were rescued by the Philippine Department of Social Welfare and Development. Philippine authorities also arrested Tababini and executed three search warrants in support of their continuing investigation.

“This morally corrupt individual thought he could circumvent justice because of international borders,” said HSI Tampa Acting Deputy Special Agent in Charge Micah C. McCombs. “Leveraging HSI’s unique international authorities and our strong law enforcement partnership with the Pasco Sheriff’s Office, this human trafficker will now face the justice he deserves.”

"I am proud of the partnership that we have with the Department of Homeland Security,” said Pasco Sheriff Chris Nocco. “We are proud of the hard work of our members that resulted in saving children and getting the perpetuator of these heinous acts out of our community."

This case was investigated by Homeland Security Investigations (Tampa and Manila), with assistance from the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Frank Murray.

The Philippines victim-rescue operation was conducted by the Philippine National Police (Manila), with assistance from Homeland Security Investigations (Tampa and Manila), U.S. Customs and Border Protection (National Targeting Center), the Philippine National Police Woman and Children Protection Center (Mindanao Field Unit), and the Ozamis City Police Office.

This case was brought as part of the Tampa Bay Human Trafficking Task Force of the Middle District of Florida; one of 13 Task Forces in the country to receive grant funding from the Department of Justice’s Bureau of Justice Assistance. The Task Force is a collaboration of local, state, and federal law-enforcement agents working together with organizations to detect, investigate, and prosecute human trafficking in the Tampa Bay area. This includes trafficking of minors, forced labor, transnational sex trafficking, and sex trafficking of adults by force, fraud, or coercion. Information on the Department of Justice’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.

Tampa, Florida – U.S. District Judge Virginia Hernandez Covington today sentenced Romney Christopher Ellis (57, Indianapolis) to 4 years and 10 months in federal prison for making threats and mailing a dead animal using the U.S. Mail. The court also ordered Ellis not to have contact with any of the victims associated with the case.

Ellis had pleaded guilty on April 23, 2020.

According to court documents, for at least four years, Ellis engaged in a campaign of harassment against a victim residing in Hillsborough County. Between 2012 and 2018, a Hillsborough County judge issued multiple domestic violence injunctions against Ellis on the victim’s behalf. Ellis repeatedly violated the orders, including by stalking and threatening the victim, and, in 2013, was convicted of aggravated stalking.

In 2019, Ellis continued his harassment campaign against the victim through text messages, photographs, and videos. Ellis’s communications involved threats of violence, including messages indicating that he intended to travel from Indiana to Florida, and planned to decapitate and set the victim on fire. Ellis routinely made racially and sexually charged statements in the text messages, including sending sexually explicit images of himself to the victim. Ellis also used the U.S. Mail to harass the victim and victim’s family and friends. One on occasion, Ellis mailed a package to the victim’s home containing a dead rat and black rose.

 In February 2020, law enforcement executed a search warrant at Ellis’s home in Indianapolis and recovered a handwritten note containing the names and addresses of the victim and the victim’s family and friends.

The investigation also revealed that Ellis had a history of repeatedly stalking and victimizing people throughout his life. Court documents showed that since as early as 1993 and continuing through Ellis’s date of arrest in March 2020, 14 individuals had sought and obtained protective orders against Ellis based on his harassment, stalking, threats, and acts of violence.

This case was investigated by U.S. Postal Inspection Service. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Eugene Stephan Cole (30, Tampa) with possession of credit card manufacturing equipment and producing counterfeit credit cards. If convicted on both counts, Cole faces a maximum penalty of 25 years in federal prison and payment of restitution to the victims that he defrauded. The indictment also notifies Cole that the United States intends to forfeit various items of equipment and computer media used by Cole to produce counterfeit credit cards. Cole was arraigned in federal court earlier today in Jacksonville. His trial is set for March 1, 2021.  

According to the indictment, on March 4, 2020, Cole possessed items related to his manufacturing of counterfeit credit cards, including a credit card encoder/recoder, a card embosser, an Apple iPad, and multiple Apple iPhones.

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 United States Secret Service (Jacksonville Field Office) and the Florida Highway Patrol. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.