Middle District of Florida

Ocala, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Howard D. Farley, Jr. (72, Weirsdale) and Duc Hanh Thi Vu (56, Weirsdale) with passport fraud. Farley was also charged with aggravated identity theft, Social Security fraud, possession of a firearm and ammunition by a convicted felon, and operating as a pilot without a legitimate airman’s certificate. Vu was additionally charged with false statements to a federal agency and employing a pilot without a legitimate airman’s certificate. The indictment also includes a forfeiture allegation to seize the couple’s aircraft.

If convicted, Farley faces a maximum penalty of 30 years in federal prison. Vu faces a maximum penalty of 18 years in federal prison.

Farley was previously arrested on December 2, 2020, as “John Doe,” after federal agents obtained an arrest warrant for passport fraud. Once Farley was fingerprinted, agents confirmed that he had been using the identity of a deceased person for more than 35 years to avoid apprehension in the District of Nebraska where, in 1985, he had been indicted as part of a drug distribution conspiracy. Those charges were dismissed in 2014.

According to the indictment and other court records, in or around February 2020, Farley and Vu, acting together, submitted a passport application using the name and date of birth of an infant who had died in 1955. Farley and Vu failed to disclose Farley’s true identity in the application. They also included a Social Security number for the victim, which Farley had obtained by fraudulent means in 1982.

At the time of his arrest on December 2, 2020, authorities executed a search warrant at the couple’s residence, in which agents recovered a firearm and ammunition inside Farley’s nightstand. Farley was convicted in 1970 of a felony in Nebraska and is prohibited from possessing a firearm or ammunition under federal law. While agents were at the residence, Vu allegedly made false statements regarding the true identity of Farley.

The Department of Homeland Security also seized an aircraft located at the residence. While the aircraft was registered to Vu, Farley was the only pilot who operated it. The indictment charges Farley with operating as a pilot without a legitimate airman’s certificate. It further charges Vu with employing Farley as a pilot without a legitimate airman’s certificate. Farley did not have a legitimate airman’s certificate because he falsified his identity to the Federal Aviation Administration. He also failed to disclose his felony conviction from Nebraska and his status as a fugitive from justice. If convicted of these offenses, the aircraft would be subject to forfeiture by the United States.

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 U.S. Department of State’s Diplomatic Security Service (DSS), the Department of Transportation – Office of Inspector General, the Social Security Administration – Office of the Inspector General, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation,with support from the Marion County Sheriff’s Office and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.           

 

Orlando, Florida – United States District Judge Carlos E. Mendoza has sentenced Valdez Williams (61, Altamonte Springs) to 16 years and 8 months in federal prison for possessing a firearm and ammunition as a convicted felon. He was also ordered to forfeit the firearm and ammunition. At the time of the offense, Williams was on federal supervised released.

Williams had been found guilty by a federal jury on October 2, 2020.

According to evidence presented at trial, during the execution of a search warrant at Williams’s apartment, law enforcement officers found a .380 caliber firearm in Williams’s bedroom safe. Officers also found stolen property and a plate of cocaine base in the apartment. Williams admitted that he sold the cocaine base and had purchased the stolen property. Williams said that he had obtained the firearm for protection because his apartment had been burglarized a month earlier.

This case was investigated by the Seminole County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Daniel P. Jancha and Karen L. Gable.

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.

The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida today concluded that there is reasonable cause to believe that the conditions at Lowell Correctional Institution (Lowell) in Ocala, Florida, violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that Lowell fails to protect prisoners from sexual abuse by the facility’s staff.

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.   

“Prison officials have a constitutional duty to protect prisoners from harm, including sexual abuse by staff,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Sexual abuse is never acceptable, and it is not part of any prisoner’s sentence. Our investigation found that staff sexually abused women incarcerated at Lowell and that these women remain at substantial risk of sexual abuse by staff. Our investigation also found that sexual abuse is frequent. This systemic misconduct means that many women suffer abuse. In addition, prisoners are discouraged from reporting sexual abuse and investigations of sexual abuse allegations are inadequate. This illegal and indecent treatment of women must end, and the Department of Justice will not tolerate it.”

“Sexual abuse cannot be tolerated anywhere and female prison inmates are particularly vulnerable during their confinement,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This investigation represents a first step towards putting an end to sexual abuse at the Lowell Correctional Institution, and we look forward to working with the State of Florida in finding tangible, effective solutions.”

The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for Middle District of Florida initiated the investigation in April 2018 under CRIPA, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida today concluded that there is reasonable cause to believe that the conditions at Lowell Correctional Institution (Lowell) in Ocala, Florida, violate the Eighth Amendment of the Constitution. Specifically, the department concluded that there is reasonable cause to believe that Lowell fails to protect prisoners from sexual abuse by the facility’s staff.

As required by the Civil Rights of Institutionalized Persons Act (CRIPA), the department provided the facility with written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.   

“Prison officials have a constitutional duty to protect prisoners from harm, including sexual abuse by staff,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Sexual abuse is never acceptable, and it is not part of any prisoner’s sentence. Our investigation found that staff sexually abused women incarcerated at Lowell and that these women remain at substantial risk of sexual abuse by staff. Our investigation also found that sexual abuse is frequent. This systemic misconduct means that many women suffer abuse. In addition, prisoners are discouraged from reporting sexual abuse and investigations of sexual abuse allegations are inadequate. This illegal and indecent treatment of women must end, and the Department of Justice will not tolerate it.”

“Sexual abuse cannot be tolerated anywhere and female prison inmates are particularly vulnerable during their confinement,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “This investigation represents a first step towards putting an end to sexual abuse at the Lowell Correctional Institution, and we look forward to working with the State of Florida in finding tangible, effective solutions.”

The Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for Middle District of Florida initiated the investigation in April 2018 under CRIPA, which authorizes the department to take action to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.

Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis. 

The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA).  The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.

“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis.  As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division.  “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies.  This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States.  Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”

“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea.  “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart.  Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”

The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers.  The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice.  The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA.  Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis. 

If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported.  The court also may award injunctive relief to prevent Walmart from committing further CSA violations.

“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch.  “We look forward to advancing this case with our DOJ partners.”    

“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez.  “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”

“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme.  “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances.  Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”

“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn.  “We look forward to pursuing justice and holding the company accountable for its conduct.”

“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr.  “Walmart’s failures only made these problems worse.  For example, our office prosecuted a physician for illegal opioid distribution.  A jury convicted him just last year, and he is currently serving a twenty-year prison sentence.  As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled.  Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills.  My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”

“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss.  “DEA registrants must understand that licensure is a privilege, not a right.  Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”

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

The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida.  The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case.  The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.  For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl.  Information about the DEA is available at www.dea.gov.

 

Download 2020.12.22 walmart complaint final

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Vershaun Lamar Puzie (32, Jacksonville) with two counts of possessing a firearm as a convicted felon. If convicted, Puzie faces a mandatory minimum penalty of 15 years, and up to life, in federal prison on each count. The indictment also notifies Puzie that the United States intends to forfeit two Smith & Wesson pistols, which are alleged to have been used in the offenses.

According to the indictment, Puzie possessed a Smith & Wesson .40 caliber pistol on January 1, 2019, after being convicted of eight felonies. The indictment also alleges that Puzie possessed a Smith & Wesson 9mm caliber pistol on July 16, 2020, after being convicted of ten felonies. Because Puzie had been convicted of selling drugs on three separate occasions prior to allegedly possessing each of the firearms, he faces enhanced mandatory minimum sentences.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jacksonville Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor and Special Assistant United States Attorney Cyrus Zomorodian.

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 – U.S. District Judge William F. Jung has sentenced Jeremiah Butler-Jackson (20, Tampa) to four years and two months in federal prison for possessing a loaded gun as a convicted felon. Butler-Jackson had pleaded guilty on October 8, 2020.

According to court documents and information presented during the sentencing hearing, Butler-Jackson is known to law enforcement as a Progress Village gang member. His criminal history involves multiple crimes of violence, including shooting and robbery. On October 2, 2019, officers observed that Butler-Jackson had posted a video on Instagram in which he posed with a handgun clipped to his waistband. A few minutes later, officers observed Butler-Jackson in public wearing the same clothes as in the video. When they attempted to detain him, he fled on foot, discarding the gun in the yard of a private residence as he ran. Officers caught Butler-Jackson and recovered the gun, which matched the one displayed in the Instagram video.

As a previously convicted felon, Butler-Jackson is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael M. Gordon.

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 – U.S. District Judge Mary S. Scriven has sentenced Aaron Moses (31, Odessa) to 10 years and 6 months in federal prison for conspiracy to possess with intent to distribute methamphetamine, and for possession of cocaine and heroin with intent to distribute. Moses had pleaded guilty on September 22, 2020.

According to court documents, in October and November of 2018, Moses and a co-conspirator distributed over 830 grams of crystal methamphetamine in Pasco County during multiple transactions with a confidential source. Moses supplied the methamphetamine to the co-conspirator at prearranged meeting locations, who in turn, sold it to the confidential source.

Moses also sold cocaine and substances containing fentanyl and heroin to a confidential source in April of 2019. Upon executing a federal search warrant at Moses’s residence on April 22, 2019, investigators recovered powder cocaine, heroin, crack cocaine, MDMA pills, oxycodone pills, multiple cutting agents, and a digital scale. They also found a loaded shotgun and an AK-47 rifle in the master bedroom, a pistol in the living room, and loaded pistol inside a car parked, inside the garage.

his case was investigated by the Drug Enforcement Administration, the Pasco Sheriff’s Office, and the Pinellas County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael Sinacore.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces that Justina Maria Holland (36, Winter Springs) – now known as Justina Maria Rummel – has pleaded guilty to 12 counts of wire fraud, 3 counts of mail fraud, 2 counts of access device (credit card) fraud, 2 counts of aggravated identity theft, 2 counts of false use of a social security number, and 1 count of theft of government property. Holland faces a mandatory minimum penalty of 2 years’ imprisonment for the aggravated identity theft counts, and maximum penalties ranging between 5 to 20 years in federal prison for the other counts. Sentencing has been set for March 1, 2021.

According to court documents, Holland was employed at a local business, where she had access to the bank and credit accounts of the business and its owner.  From March 2015 through June 2018, Holland used her position to embezzle over $1 million from her employer and the employer’s owner. Holland’s scheme consisted of three parts.

First, Holland embezzled over $300,000 by taking funds from various company checking and IRA accounts and by manipulating the company’s payroll system to receive additional salary payments.

Second, Holland engaged in over $700,000 of credit card fraud. She made unauthorized purchases using the victim’s American Express and Visa credit cards by making unauthorized transfers from her employer’s various bank accounts.  Holland also opened a Visa credit card account in the victim’s name by using his Social Security number and date of birth. Holland used that VISA card to make over $196,000 in purchases for herself, including for vacations. Holland also used her employer’s bank accounts to pay the bills incurred with that VISA card.   

Third, Holland used her minor son’s Social Security number to obtain financing for her purchase of a BMW and a Porsche. She used funds from her employer to make some of the car payments for the vehicles.

Holland covered up her embezzlements by providing her employer with false spreadsheets     that concealed her spending, among other things. She also erased contents of her work phone and the hard drive from her computer after her fraud was detected.

During the time that Holland was working at the employer and embezzling funds, she received food stamps through the Supplemental Nutrition Assistance Program (SNAP). SNAP is a federally funded, national program established by United States Department of Agriculture that was administered in Florida by the Florida Department of Children and Families (DCF). In her applications for public SNAP assistance, Holland falsely represented that she and her husband did not earn any income. From May 2012 to August 2016, Holland received over $23,000 in SNAP benefits. She would not have received any of those benefits had she not made those misrepresentations about her financial situation.

This case was investigated by the Federal Bureau of Investigation, the Seminole Financial Crimes Task Force, the U.S. Department of Agriculture – Office of the Inspector General, and the Florida Department of Financial Services – Division of Public Assistance Fraud. It is being prosecuted by Assistant United States Attorneys Roger B. Handberg and Terry B. Livanos.

Jacksonville, Florida – Today, the Department of Justice recognized State Attorney Melissa Nelson of the Fourth Judicial Circuit for her Office’s outstanding support of the Project Safe Neighborhoods (PSN) Initiative.

“Public safety is the culmination of leadership, vision, and a commitment to improving the quality of life in her community,” said U.S. Attorney Maria Chapa Lopez. “Melissa Nelson has achieved all three. Through a spirit of cooperation and public service, she has dedicated herself and her office to reducing crime by investing in people, proven methods and technologies, and imagining new possibilities. The success of Project Safe Neighborhoods in northeast Florida is directly attributable to her ability to galvanize her office, critical agencies and community partners around a common goal – creating safer communities.”

Melissa Nelson was elected State Attorney and sworn into office in 2017. Immediately thereafter, she made PSN a priority, becoming the driving force behind creating Northeast Florida’s first Crime Gun Intelligence Center (CGIC) and working to secure city funding for the CGIC. The Center was later constructed in her office, and officially opened on May 21, 2019. State Attorney Nelson worked closely with the Jacksonville Sheriff's Office (JSO) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to secure officers and agents to fully staff the CGIC. In addition, she has assigned some of the Fourth Circuit’s most experienced prosecutors to work with the CGIC team, welcomed prosecutors from the U.S. Attorney’s Office (MDFL), and has helped foster a great working relationship among all participating agencies. Because of her dedication and leadership, she was named to ATF's National Crime Gun Intelligence Board. 

Prior to the CGIC opening, assistant state attorneys accompanied JSO officers to Denver, Colorado to learn about other successful PSN operations and how to incorporate best practices into the newly formed Jacksonville CGIC. As part of the overall effort, State Attorney Nelson helped to secure additional funding for National Integrated Ballistic Information Network (NIBIN) machines to ensure that recovered shell casings from shooting scenes are processed within 48 hours. Housed within JSO, two NIBIN machines and a full-time ballistics expert help accomplish this task. This integration of interagency coordination, cooperation, and technology has resulted in the successful prosecution of numerous state and federal violent crime cases.

To further complement PSN’s comprehensive strategy, State Attorney Nelson completely re-structured the juvenile division within her office to better serve the community and established a program to provide at least one prosecutor to every middle and high school in Duval County. Through this program, prosecutors regularly meet with students to improve relationships between the community, prosecutors, and law enforcement. In addition, as part of the MDFL’s federal Intensive Re-entry Program, assistant state attorneys are involved in the district’s re-entry efforts through the Jacksonville Re-entry Center (JREC).

Revitalized in 2017, PSN is a critical piece of the Department’s crime reduction efforts. PSN has focused on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.

 

Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Patrick Howard Woodyard (29, St. Augustine) to 15 years and 8 months in federal prison, followed by a life term of supervised release, for distributing child sexual abuse materials. On March 4, 2020, Patrick Woodyard and his twin brother, Nicholas Woodyard, were charged by indictment with distribution, receipt, and possession of images and videos depicting children being sexually abused.

Patrick Woodyard had pleaded guilty on August 28, 2020. Nicholas Woodyard is currently scheduled for trial in February 2021.     

According to court documents, Homeland Security Investigations began investigating the upload of an image of child pornography that had been distributed from the Woodyard brothers’ residence. Agents executed a search warrant and seized electronic devices that contained hundreds of files of child pornography, including images of the sexual assault of a child approximately two years old. A forensic examination of the devices also revealed Patrick Woodyard’s efforts to secretly record his family members in the nude and his attempts and desires to engage in incest. Records showed that Patrick Woodyard obtained images of his friends’ children and associates from their social media accounts. He then provided those photos to others for the purposes of creating graphic sexual fantasies of the rape and torture of the children.

"For years, this individual preyed on the innocence of our most vulnerable population to satisfy his sick and demented desires,” said Homeland Security Investigations (HSI) Jacksonville, Assistant Special Agent in Charge K. Jim Phillips. "With today's sentencing we have removed him from the community and sent a resounding message that HSI is committed to working with our law enforcement partners to aggressively investigate and prosecute anyone who seeks to exploit our nation's children."

This case was investigated by Homeland Security Investigations, with assistance from the St. Johns County Sheriff’s Office and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.

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 – Jacob Luis Bonilla-Rivera (27, Kissimmee) today pleaded guilty to conspiracy to possess with the intent to distribute cocaine and possession of a firearm in furtherance of that drug conspiracy. He faces a minimum mandatory sentence of 15 years, up to life, in federal prison. A sentencing date has not yet been set.

According to the plea agreement, beginning on September 11, 2020, Bonilla-Rivera engaged in a series of phone calls with individuals who he believed to be cocaine dealers but who were, in fact, undercover agents working on behalf of Homeland Security Investigations (HSI). These discussions culminated in an agreement for Bonilla-Rivera to purchase 20 kilograms of cocaine in Orlando. On September 16, 2020, HSI agents met with Bonilla-Rivera and a conspirator, Juan Omar Rodriguez, Jr. They showed the agents $600,000 in cash that they had transported in a hidden compartment in one of their vehicles. The agents then brought Bonilla-Rivera and Rodriguez to the 20 kilograms of cocaine they had arranged to purchase. After inspecting the cocaine, Bonilla-Rivera and Rodriguez returned to their car to retrieve the cash from the hidden compartment and were arrested. Upon searching both vehicles, agents discovered that both Bonilla-Rivera and Rodriguez had loaded firearms, along with a total of $639,325 in cash. 

Juan Omar Rodriguez, Jr. is currently scheduled for trial in January 2021.

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, with assistance from Seminole County Sherriff’s Office. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Elvis Harold Reyes (56, Brandon) today pleaded guilty to mail fraud and aggravated identity theft in connection with a scheme where he posed as an immigration attorney and filed hundreds of fraudulent asylum applications. Reyes faces a maximum penalty of 20 years in federal prison for the mail fraud offense and a mandatory consecutive 2 years’ imprisonment for the aggravated identity theft offense. A sentencing date has not yet been set.

According to court documents, Reyes, who owned and operated EHR Ministries Inc., portrayed himself as an immigration attorney. Reyes is not and has never been a licensed attorney. Reyes targeted undocumented immigrants from Spanish-speaking countries who were seeking Florida driver licenses and work authorizations. Reyes gave false, inaccurate, and incomplete legal and immigration advice to victims in order to induce them to retain his services and those of EHR Ministries.

Victims retained and paid Reyes to represent them in immigration-related matters before U.S. Citizenship and Immigration Services (USCIS) and other agencies. Reyes filed fraudulent immigration applications in the victims’ names, seeking asylum relief and withholding-of-removal protections provided for under the United Nations Convention Against Torture. In doing so, Reyes falsified answers to questions in the asylum applications—fabricating stories about threats, persecution, and the applicants’ fear of returning to their native countries. Reyes did not inform the victims of the answers that he had provided on their behalf. He also did not inform the victims about the legal, administrative, and other immigration-related consequences that might follow from filing for asylum relief or for Convention Against Torture protection. 

Reyes filed more than 215 fraudulent applications, with intended losses to victims exceeding $1 million. Any person who was, or knows of someone who may have been, a possible victim is urged to contact the Homeland Security Investigations, at 1-866-DHS-2ICE or http://www.ice.gov/webform/hsi-tip-form.

This case was investigated by Homeland Security Investigations, the U.S. Citizenship and Immigration Service, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Frank Murray.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Arthur Jay Traxler, Jr. (55, Michigan) with one count of attempted online enticement of a minor to engage in sexual activity and one count of attempted production of child sexual exploitation materials. If convicted, Traxler faces a minimum mandatory term of 25 years, and up to life, in federal prison. Traxler was arrested on November 9, 2020, in Monroe, Michigan and was ordered detained pending trial.   

According to the indictment, between July 21 and August 4, 2020, Traxler attempted to entice an individual, whom he believed was under the age of 18, to engage in sexual activity. Traxler also attempted to entice a minor to engage to produce child exploitation materials during this same time period.

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

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ashley Washington.

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

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Jose Luis Sanchez-Lule (age 37) to five years in federal prison for possession of a firearm by an illegal alien, and for illegal reentry into the United States after deportation. The court also ordered Sanchez-Lule to forfeit a firearm and ammunition.

Sanchez-Lule had pleaded guilty on September 3, 2020.

According to court documents, Sanchez-Lule assaulted a family as they were driving home from a trip to Cape Canaveral. On April 10, 2019, a man and woman took their 14-year-old son to Cape Canaveral for a rocket launch. After the launch was cancelled, the family began driving back to their home in Ft. Myers. At approximately midnight, the family stopped at a convenience store in Zolfo Springs and then resumed driving south on Highway 17. A few miles later, they saw a black SUV stopped on the shoulder on the opposite side of the road. When they passed it, the black SUV turned on its lights, made a U-turn, and began tailgating the family’s car with bright lights shining from the black SUV’s front grille. Thinking the black SUV could be a police vehicle, the family initially slowed down, but the SUV continued to drive aggressively near them. Realizing it was not a police car, the family made a U-turn back towards Zolfo Springs and called 911. The black SUV made a U-turn and followed them. After unsuccessfully trying to block the family’s vehicle, Sanchez-Lule pulled his SUV alongside the family’s car, lowered his window, and pointed a firearm at them. The family continued to drive at a high rate of speed into the city limits of Zolfo Springs. As they approached town, Sanchez-Lule slowed his SUV.

Deputies from the Hardee County Sheriff’s Office responded to the 911 call and saw the family’s car approaching town with the SUV following them. The deputies stopped the SUV and removed Sanchez-Lule, who was the only occupant in the vehicle. The deputies searched the SUV and found a rifle positioned where it was readily accessible to the driver, along with a box of ammunition. They also found a spent shell casing inside the SUV.

Sanchez-Lule is a citizen of Mexico. After being deported from the United States in 2012, he reentered the country without the consent of the Attorney General or the Secretary for the Department of Homeland Security.   

“Removing dangerous criminal aliens like this from our communities is at the core of the mission for ICE’s Enforcement and Removal Operations (ERO),” said Miami ERO Field Office Director Michael Meade. “Thanks to an integrated law enforcement response, he will now be held accountable for his actions.”

“This case is an example of law enforcement partners working together with the goal of making our communities safer and HSI is proud to be part of this investigative effort,” said HSI Tampa Assistant Special Agent in Charge Michael Cochran.

This case was investigated by U.S. Immigrations and Customs Enforcement’s Homeland Security Investigations and Enforcement and Removal Operations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Hardee County Sheriff’s Office, and the Wauchula Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.

Tampa, Florida– Senior U.S. District Judge John Antoon II today sentenced Michael Bernard Lawson (38, Sarasota) to 10 years in federal prison for distributing cocaine base (“crack cocaine”) and possessing a firearm as a convicted felon. The court also ordered Lawson to forfeit the firearms.

Lawson had pleaded guilty on November 27, 2019.

According to court documents and information presented during the sentencing hearing, on May 23, 2018, Lawson began serving a two-year term of community control after serving five years in state prison for aggravated assault on a law enforcement officer with a firearm. In April 2019, Lawson sold crack cocaine to a confidential informant and undercover law enforcement officer on four occasions over a 16-day period. Lawson also sold the undercover officer two firearms during two of the drug transactions. One of those firearms was a short-barreled shotgun.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Charlie D. Connally.

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 – U.S. District Judge Susan C. Bucklew has sentenced Eric Lee Robinson, Jr. (29, Tampa) to 28 years in federal prison for conducting a string of armed robberies of convenience stores and a restaurant over a three-week period in Tampa. On March 7, 2019, Robinson had pleaded guilty to four counts of brandishing a firearm during and in relation to a crime of violence.

According to court documents and information presented during the sentencing hearing, Robinson robbed a Circle-K store on May 23, 2018; attempted to rob a Hungry Howie’s pizza store on June 4, 2018; robbed a 7-Eleven convenience store and a Sunoco gas station on June 4, 2018; robbed a Sunoco gas station on June 5, 2018; and robbed a 7-Eleven convenience store on June 15, 2018. During each of the robberies, Robinson burst into the business wearing a ski mask, gloves, and head-to-toe black clothing. He also brandished a gun, threatened to hurt or kill the store employees, and demanded that the employees give him the money from the safes and cash registers. Across the five armed robberies, Robinson stole a total of $881 and multiple batches of lottery tickets. He was arrested a few hours after the June 15, 2018, robbery of the 7-Eleven convenience store.

During each of the robberies, Robinson was joined inside the business by a co-conspirator, and was often aided by a waiting getaway driver. One of Robinson’s alleged co-conspirators, Ishmell Upshaw, has been charged and is set for trial in January 2021.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Hillsborough County Sheriff’s Office and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Michael M. Gordon.

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.

Orlando, Florida – A federal jury has found Jerimiah Swanson (22, Cocoa) guilty of conspiracy to possess with the intent to distribute more than 40 grams of fentanyl. Swanson faces a minimum mandatory penalty of 5 years, and up to 40 years, in federal prison. His sentencing hearing is scheduled for March 9, 2021.   

Swanson had been indicted on March 18, 2020. 

According to testimony and evidence presented at trial, beginning no later than November 2019 and continuing through February 2020, Swanson and a co-defendant agreed to sell heroin that turned out to be the more potent opioid, fentanyl. A confidential informant working for the Drug Enforcement Administration made six recorded purchases, totaling over 150 grams of fentanyl, outside Swanson’s home in Cocoa. In February 2020, law enforcement executed a search of Swanson’s home and recovered baggies, digital scales covered with fentanyl and cocaine, and firearms from Swanson’s bedroom.

This case was investigated by the Drug Enforcement Administration, with assistance from the Federal Bureau of Investigation, the Florida Highway Patrol, and the Titusville Police Department. It is being prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.

Jacksonville, Florida – Columbus Donavan Jeffrey (43, Jacksonville) has pleaded guilty to two counts of producing images depicting himself as he sexually abused a child. Jeffrey faces an aggregate mandatory minimum penalty of 15 years, and up to 60 years, in federal prison and a potential life term of supervised release. Jeffrey was arrested on October 3, 2019, and remains in custody. A sentencing date has not yet been scheduled. 

According to court documents, the National Center for Missing and Exploited Children (NCMEC) received information from a company that hosts an online social messaging application (app). Specifically, on May 3, 2019, a user named “hideme1977,” subsequently identified as Jeffrey, had uploaded several pornographic images using this app. These photos were taken by Jeffrey showing him sexually abusing an 11-year-old child. On October 3, 2019, detectives from the Jacksonville Sheriff’s Office (JSO) and other officers executed a search warrant at Jeffrey’s residence in Jacksonville. When interviewed, Jeffrey admitted that he had used the “hideme1977” username on the app. He also identified himself and the child as depicted in one of the photos that Jeffrey had uploaded to the app on May 3, 2019. JSO detectives were able to locate the child shown in the photos. During an interview, the child disclosed that Jeffrey had sexually abused the child on at least three separate occasions and had taken pictures of this sexual abuse during two of these incidents.

A forensic examination of Jeffrey’s cellphone revealed that it contained 635 images and 57 videos depicting the sexual abuse of minors, including other photos taken by Jeffrey in which he is shown sexually abusing the same child on several occasions in Jeffrey’s residence.  

This case was investigated by the Jacksonville Sheriff’s Office, the National Center for Missing and Exploited Children, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys D. Rodney Brown and Kelly S. Karase.

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

Ocala, Florida – Miller Wilson, Jr. (50, Sparr), his daughter, Myoshi Wilson (26, Citra), and his ex-wife, Erica Wilson (43, Ocala) were sentenced today by Senior United States District Judge James D. Whittemore for their roles in a scheme to defraud the U.S. Department of Veterans Affairs health care benefits. Each had previously pleaded guilty.

Miller Wilson, Jr. was sentenced to 18 months in federal prison for conspiracy to commit health care fraud and wire fraud and solicitation and receipt of a health care kickback.

Erica Wilson was sentenced to 5 years’ probation for conspiracy to commit health care fraud and wire fraud.

Myoshi Wilson was re-sentenced to 6 months’ imprisonment, followed by 30 months of supervised release, including 6 months’ home confinement, for a violation of probation. Myoshi Wilson had previously been sentenced to 5 years’ probation for making false statements to law enforcement. She was arrested on a violation of that probationary sentence on November 4, 2020.

According to court documents, Miller Wilson, Jr. was an employee at the Department of Veterans Affairs (“VA”) Clinic located in The Villages. As part of his employment, he provided transportation arrangements for veterans needing medical treatment. From 2014 through 2016, Miller Wilson, Jr. obtained cash kickbacks from the transportation vendors in exchange for awarding them health care contracts from the VA. Thereafter, from 2016-2017, Miller Wilson, Jr. conspired with Erica and Myoshi Wilson to open and manage two different transportation companies to conduct similar schemes. Miller Wilson, Jr. used his official position at the VA to funnel health care contracts to the companies that he had formed with Erica and Myoshi Wilson. During a 17-month period, the two companies billed the federal government $305,673. Myoshi Wilson admitted to making false statements to a federal agent in 2019, to conceal the conspiracy.

“VA employees are public servants with a solemn duty to care for our nation’s veterans,” said David Spilker, Special Agent in Charge of the VA OIG’s Southeast Field Office. “The sentencing of these three defendants demonstrates the VA OIG’s commitment to holding accountable anyone who abuses their position to enrich themselves. The VA OIG thanks the U.S. Attorney’s Office for its strong partnership in sending a clear message that VA employees will be held to the highest ethical standards, which preserves the public trust in VA.”

This case was investigated by the Department of Veterans Affairs – Office of Inspector General. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Jesmarilys Montesinos (22, Orlando) to one year in federal prison for making false statements relating to firearms purchases. On October 8, 2020, her co-defendant, Steven Usma (22, Orlando), was sentenced to three years and one month in federal prison for aiding and abetting the making of false statements relating to firearms purchases. Both had pleaded guilty earlier this year.    

According to court documents, in February 2018, Usma and Montesinos traveled together from Orlando to Fort Myers to attend a gun show. At the gun show, Montesinos purchased 12 rifles for Usma, at Usma’s request, after Usma had failed a background check when he attempted to buy firearms. At the time, Usma was prohibited from purchasing or possessing firearms under Florida state law. In connection with her firearms purchases, Montesinos twice falsely certified that she was buying the rifles for herself, when she knew she was actually purchasing the firearms for Usma.        

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Simon R. Eth.           

Orlando, Florida – U.S. District Judge Carlos Mendoza has sentenced Nelson Pablo Yester-Garrido a/k/a Nelson “Tony” Yester (63, Cuba) to five years in federal prison for conspiracy to distribute a large amount of high-grade marijuana in the Middle District of Florida. Yester-Garrido had pleaded guilty on August 11, 2020.

According to court documents, from the late 1980s through early 1997, Yester-Garrido was part of a group involved in importing kilogram amounts of cocaine and other narcotics into the United States, including by negotiating the purchase of a Russian diesel submarine for Colombian drug suppliers. Around 1997, Yester-Garrido fled to South Africa to escape prosecution related to charges filed in the Southern District of Florida (which have since been dismissed).

Between December 2014 and continuing through February 25, 2015, Yester-Garrido conspired with Andrew Cassara, Juan Almeida, and others, both known and unknown, to possess with the intent to distribute a large amount of marijuana in the Middle District of Florida. Yester-Garrido’s specific role in the drug trafficking conspiracy was to assist, from South Africa, in trying to collect a $250,000 debt that was owed to co-conspirators by a Dominican drug-trafficking group. Almeida and Cassara had traveled to South Africa in December 2014 to meet with Yester-Garrido and seek his assistance with the drug debt after $250,000 worth of high-grade marijuana was stolen from co-conspirators. Cassara testified during the sentencing hearing that he had made $25 million dollars from trafficking in marijuana and that he had supplied firearms to assist in the collection of the drug debt. 

In January 2015, the DEA began investigating the conspiracy, and in January 2017, an indictment was returned in the Middle District of Florida charging three of Yester-Garrido’s co-conspirators, Almeida, Cassara, and Wade Jones, Jr. (Each of three was adjudicated guilty and sentenced in 2018.)

In October 2017, Yester-Garrido himself was indicted on drug and gun charges. In November 2017, based upon a provisional arrest warrant requested by the U.S. government, Italian authorities apprehended Yester-Garrido at the Fiumicino Airport in Rome, Italy. In July 2019, the Italian judicial authorities and the Ministry of Justice granted the request for Yester Garrido’s extradition to the United States.

This case was investigated by the Drug Enforcement Administration and the Federal Bureau of Investigation, with assistance from the South African Police Service Directorate for Priority Crime Investigations. The Justice Department’s Office of International Affairs and the Italian prosecutorial and law enforcement authorities provided significant assistance in securing the defendant’s extradition from Italy. The U.S. Marshals Service also provided critical assistance in the extradition to the Middle District of Florida. This case was prosecuted by Assistant United States Attorney E. Jackson Boggs, Jr.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Jeffrey L. Davis (22, Tampa) and Tyee Spike II (18, Tampa) with participating in ten armed robberies that occurred in Tampa, Fishhawk, and Riverview between October 13 and October 19, 2020. Davis and Spike are jointly charged with nine counts of committing robbery, nine counts of using a firearm in furtherance of robbery, and one count of possessing a firearm and ammunition after being convicted of a felony. Spike is charged with an additional robbery, and with discharging his weapon during that robbery. If convicted on all counts, Davis faces a mandatory minimum penalty of 63 years, and up to life, in federal prison. Spike faces a mandatory minimum penalty of 88 years, and up to life, in federal prison.

Davis made his first appearance in federal court today. Spike is still in state custody.

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 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.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Natalie Hirt Adams.

Tampa, Florida – United States District Judge Susan C. Bucklew has sentenced Adan Barajas Maldonado (35, Mexico) to 25 years in prison for conspiring to distribute controlled substances and for possessing a gun to further his drug trafficking enterprise. Maldonado had pleaded guilty on October 30, 2019.

United States District Judge Charlene E. Honeywell has sentenced Edwar Rodriguez (32, New York), one of Maldonado’s assistants, to 11 years and 3 months in prison for his role in the same drug distribution conspiracy. Rodriguez had pleaded guilty on August 27, 2020.

According to information presented in court, Maldonado and his co-defendant, Juan Carlos Arias Castillo, who are affiliated with a Mexican drug cartel, operated a regional drug trafficking organization (DTO) based in Spring Hill, Florida. Each week, over multiple years, they distributed more than 20 kilograms of highly pure methamphetamine, as well as smaller amounts of other drugs, to their network of kilogram-level dealers. The dealers, in turn, sold the drugs to lower-level suppliers.

Maldonado and Castillo lived together and operated their DTO from a non-descript suburban home and employed several couriers/assistants, including Rodriguez, who picked up drugs in Texas, after they had been smuggled into the country from Mexico. They then drove the drugs to Florida, delivered them to Maldonado and Castillo’s biggest customers, collected payments, wired drug profits to Mexico, and recruited others to wire money as well to evade law enforcement.

On April 23, 2019, law enforcement officers surveilling Maldonado and Castillo’s residence observed them appearing to receive a drug delivery. They then executed a search warrant on the home. Inside they found, among other items, 29.5 pounds (over 13 kilograms) of liquid pure methamphetamine, 380 grams of powdered methamphetamine, 145 grams of cocaine, two guns, ammunition, a drug ledger, and evidence revealing how the drugs were smuggled over the border in car tires.

Castillo has pleaded guilty for his role in the conspiracy and is scheduled to be sentenced on December 8, 2020. Two other defendants, Christian and Victor Santiago Rondon, have pleaded guilty and are scheduled to be sentenced in January 2021. One of Maldonado and Castillo’s biggest customers, Jorge Ramirez, has pleaded guilty and is due to be sentenced in February 2021.

This case was investigated by the Drug Enforcement Administration, the Hernando County Sheriff’s Office, and the Pasco Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney Michael M. Gordon.

Fort Myers, Florida – U.S. District Judge John L. Badalamenti has sentenced Nestly Jean a/k/a “Baby Zoe” (28, Lehigh Acres) to seven years in federal prison for distributing controlled substances. He had pleaded guilty on January 14, 2020. Jean is a documented member of the “Zoe Pound” street gang by the Lee County Sheriff’s Office.

According to court documents, in the spring of 2019, law enforcement purchased crack cocaine, powder cocaine, methamphetamine, and fentanyl from Jean over the course of four undercover deals, each occurring at a residence in the Palmona Park neighborhood of North Fort Myers. During one of the transactions, Jean cooked powder cocaine into crack cocaine in front of law enforcement before selling it to them. Although Jean sold his drugs in Palmona Park, law enforcement determined that he lived in Lehigh Acres. On May 9, 2019, during a search of Jean’s home, Jean was found to be in possession of more than $18,000 in cash, an AK-47 firearm, and a large stash of drugs.

This case was investigated by the Lee County Sheriff’s Office, with assistance from the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Michael V. Leeman.

Ocala, Florida – United States Attorney Maria Chapa Lopez announces the filing of a criminal complaint charging Howard D. Farley, Jr. (72, Weirsdale) with passport fraud. Farley was arrested on December 2, 2020. If convicted, he faces a maximum penalty of 10 years in federal prison.

According to the complaint, in or around February 2020, Farley submitted a passport application using the name, date of birth, and Social Security number of an individual who had died as an infant in 1955. When applying for this passport, Farley failed to disclose his true identity.

In 1985, Farley, along with 73 others, was indicted by a federal grand jury in the District of Nebraska and charged with a narcotics conspiracy. Farley was alleged to be the “drug kingpin” of the Southern Line, a railroad line that was used by the drug dealers to distribute narcotics throughout the United States. Records show that Farley was the only defendant not apprehended in the case, and that he instead assumed the identity of the deceased individual in 1985, and remained a fugitive for more than 35 years.

On December 2, 2020, Farley was arrested at his home on a federal warrant for this complaint under the name “John Doe.” A fingerprint comparison confirmed that he was Howard D. Farley, Jr., the same person wanted in Nebraska since 1985. At the time of his arrest, Farley was attempting to board his private aircraft in the hangar at his home, which he flew using a fraudulent pilot’s license in the name of deceased individual. During the execution of a search warrant, authorities recovered a firearm from inside Farley’s home. Farley was convicted in 1970 of burglary in Nebraska state court.

A criminal complaint is only an allegation and every defendant is presumed innocent until proven guilty.

This case is being investigated by the U.S. Department of State’s Diplomatic Security Service, the Department of Transportation - Office of Inspector General, the Social Security - Administration Office of the Inspector General, and with support from the Ocala Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Homeland Security, the Florida Highway Patrol, and the Marion County Sheriff's Office. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.       

Fort Myers, Florida – U.S. District Judge John L. Badalamenti today sentenced Justin Patrick Obert (32, Fort Myers) to three months in federal prison, followed by three years of supervised release, for communicating a false distress message to the Coast Guard. The court also ordered Obert to pay $13,414.78 to the Coast Guard for costs associated with their search and rescue response. 

Obert had pleaded guilty on August 21, 2020.

According to court documents, on the evening of September 9, 2019, Obert drunkenly discharged two red distress flares from a vessel near Fort Myers Beach, triggering an emergency search and rescue operation by the United States Coast Guard, Fort Myers Beach Fire Rescue, and the Florida Fish and Wildlife Commission. Ultimately, an intoxicated Obert was determined to be the person who had discharged the emergency flares, which he did when no emergency assistance was actually needed, causing the unnecessary diversion of search and rescue personnel from multiple agencies.

“Hoax calls put the public at risk,” said Capt. Matt Thompson, Coast Guard Sector St. Petersburg Commander. “Mariners on the water rely and count on Coast Guard assets and personnel to be ready and able to respond when they are in distress. Hoax calls can redirect critical rescue capabilities and put lives at risk in the dangerous maritime domain.”

This case was investigated by the Coast Guard Investigative Service, the Florida Fish and Wildlife Commission, and the Collier County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Simon R. Eth.  

Tampa, Florida – U.S. District Judge Steven Merryday has sentenced Tom Wynne (65, Pinellas Park) to 33 months in federal prison, followed by 36 months of supervised release, for one count of conspiracy to commit tax evasion, one count of tax evasion, and seven counts of money laundering. The court also ordered Wynne to forfeit two real properties, which are traceable to proceeds of the offense. In addition, he was ordered to repay the Internal Revenue Service $359,209, and pay a fine of $150,000. 

Wynne had pleaded guilty on February 4, 2020.

According to court documents, Wynne owned and operated Pain and Wellness Clinic (“PWC”), a pain management clinic in Pinellas County. He hired medical doctors to prescribe for patients large quantities of Schedule II controlled substances, like oxycodone and hydromorphone, outside the usual course of professional practice. Wynne used the illegal proceeds generated from PWC to purchase real property in the Tampa Bay area.

For each tax year, beginning in 2014 and continuing through tax year 2017, Wynne underreported PWC’s gross receipts on his tax filings. He also conspired and agreed with PWC physicians to defraud the IRS by creating and preparing, among other false and fraudulent tax-related documents, false and fraudulent IRS Forms 1099 to pay the clinic’s two doctors. 

“Abuse of prescription painkillers is truly a modern-day plague on society, and any health care provider who would support that activity violates their oath to do no harm,” stated Special in Charge Brian Payne of Internal Revenue Service - Criminal Investigation. “Moreover, most of us were taught at a young age that lying makes whatever wrong we did even worse. As if procuring and distributing prescription painkillers were not bad enough, Mr. Wynne brazenly took his crimes a step further when he tried to cover up his ill-gotten gains by lying on his taxes.”

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. It was prosecuted by Assistant United States Attorneys Greg Pizzo and Kelley Howard-Allen. The forfeiture was handled by Assistant United States Attorney Suzanne Nebesky.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Larry Bouknight (34, Jacksonville) to 20 years in federal prison for distributing a controlled substance that resulted in death.

Bouknight had pleaded guilty on July 14, 2020.

According to court documents, on September 6, 2018, Bouknight sold a Jacksonville woman and her friend a controlled substance that they believed to be heroin, but actually contained fentanyl. After the friend had ingested the narcotic, a relative found her dead in her home later that day. The Jacksonville Medical Examiner’s office subsequently determined that the victim’s cause of death was fentanyl toxicity.

This case was investigated by the Jacksonville Sheriff’s Office in coordination with the State Attorney’s Office for the 4th Judicial Circuit and the U.S. Attorney’s Office. The case was prosecuted by Assistant United States Attorney Julie Hackenberry.

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Jose Martin Sanchez, a/k/a Jorge Sanchez (49, Winter Garden), a Mexican national, to a total of eight years in federal prison for using a telephone to facilitate a drug felony, false representation of a Social Security number (SSN), and aggravated identity theft. After completing his sentence, he is expected to be removed to Mexico.

Sanchez had pleaded guilty to the charges on September 4, 2020. 

According to his plea agreement, Brevard County Sheriff’s Office deputies encountered Sanchez at about 2:30 a.m. on October 8, 2019, while they were conducting surveillance on a residence that was related to an ongoing methamphetamine trafficking investigation. Drug Enforcement Administration agents later questioned Sanchez about his identity and the events of those early morning hours, and Sanchez admitted that he had agreed, over the telephone, to pick up approximately seven ounces of “crystal” methamphetamine at a gas station and deliver an ounce to the residence in Rockledge. Sanchez also admitted that he had been using his brother’s name for years and said that he was a citizen of Mexico and did not have a SSN. Agents from the Social Security Administration – Office of the Inspector General later confirmed that Sanchez had used his brother’s identity to obtain a Florida drivers license as early as 2008 and used his brother’s valid SSN to renew that license on March 6, 2017. Agents also found that Sanchez had been convicted of drug trafficking in California and Washington, had served prison sentences related to those convictions, and had served a term of supervised release in Florida, all in his brother’s name.

This case was investigated by the Drug Enforcement Administration and the Social Security Administration – Office of Investigations of the Office of the Inspector General, with assistance from the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney E. Jackson Boggs, Jr.

WASHINGTON – Doctor’s Choice Home Care, Inc. and its former executives, Timothy Beach and Stuart Christensen, have agreed to pay $5.15 million to resolve allegations that the home health agency provided improper financial inducements to referring physicians through sham medical director agreements and bonuses to physicians’ spouses who were Doctor’s Choice employees, the Department of Justice announced today. Doctor’s Choice will pay $3,856,000 to settle these allegations and Beach and Christensen will each pay $647,000. Doctor’s Choice will pay an additional $675,000 to resolve separate allegations that employees pressured clinical personnel to increase the number of home visits for Medicare patients to avoid the Medicare Low Utilization Payment Adjustment that would have decreased the reimbursement Doctor’s Choice received from Medicare in the absence of these unnecessary services.

Doctor’s Choice is a home health agency based in Sarasota, Florida, with branches throughout the state. Timothy Beach and Stuart Christensen founded Doctor’s Choice and formerly served as its top executives. 

“The Department of Justice will continue to hold companies and individuals accountable for the payment of illegal remuneration in any form,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division. “Improper inducements have no place in our federal healthcare system, which relies on healthcare providers making decisions based on the healthcare needs of their patients rather than their personal financial interests.” 

“Here in the Middle District of Florida we are committed to ensuring that financial motivations do not corrupt medical decision making, whether in home health care or other areas of medicine,” said U.S. Attorney Chapa Lopez. “Through enforcement of statutes prohibiting illegal kickbacks or improper financial arrangements with referring physicians, this Office will continue to ensure that medical decisions are not compromised.”

“Operating an illegal referral scheme and providing medically unnecessary services places patients at risk and jeopardizes millions of taxpayer dollars,” said Special Agent in Charge of the FBI Tampa Division Michael McPherson. “This settlement highlights the FBI’s commitment to protect the integrity of the federally funded healthcare system.”

The Anti-Kickback Statute prohibits the offering or payment of remuneration to induce or reward referrals for services paid for by federal healthcare programs. The Stark Law forbids certain medical providers, including home health agencies, from submitting claims to Medicare for services provided to patients who were referred by a physician with whom the provider has a prohibited financial relationship, unless that relationship falls within an applicable exception.

This settlement resolves allegations that Doctor’s Choice, Beach, and Christensen violated the Anti-Kickback Statute and the Stark Law by entering into sham medical director agreements with physicians as a means of providing remuneration for referrals, and also violated the Stark Law by providing bonuses to employees based on referrals to Doctor’s Choice by the employees’ physician spouses. In addition, the agreement resolves allegations that Doctor’s Choice provided unnecessary services to Medicare patients in order to increase the number of skilled service visits provided during a home health episode to avoid the Low Utilization Payment Adjustment which otherwise would have decreased Doctor’s Choice Medicare reimbursement.  This adjustment is triggered when a home health patient has a treatment episode consisting of less than five skilled service visits and results in the provider receiving a standardized per visit payment rather than the higher payment for a full home health episode. 

The allegations resolved in this settlement were originally brought in two lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act; one case was filed by Corina Herbold and the second case was filed by Sara Billings, Misty Sykes, and Marina Eschoyez-Quiroga, all of whom are former employees of Doctor’s Choice. The Act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery.  Ms. Billings, Ms. Sykes, and Ms. Eschoyez-Quiroga will jointly receive a share of approximately $145,000 arising from the Government’s recovery for the Low Utilization Payment Adjustment allegations. Ms. Herbold’s share has not yet been determined.

The government’s intervention in these matters 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).

The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the United States Attorney’s Office for the Middle District of Florida, the Office of Inspector General of the Department of Health and Human Services, and the Federal Bureau of Investigation. This case was handled by Assistant U.S. Attorney Charles Harden in the Middle District of Florida.

The cases are captioned United States ex rel. Herbold v. Doctor’s Choice Home Care Inc., et al., No. 8:15- cv-01044 (M.D. Fla.) and United States ex rel. Billings, Sykes, and Eschoyez-Quiroga v. Doctor’s Choice Home Care Inc., No. 8:16-cv-3112 (M.D. Fla.).

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

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Joshua Maywalt (40, Tampa) with 4 counts of health care fraud and 4 counts of aggravated identity theft. Maywalt faces a maximum penalty of 10 years in federal prison for each of the health care fraud counts, and up to 2 years’ imprisonment for the aggravated identity count. The indictment also notifies Maywalt that the United States intends to forfeit $2.2 million dollars and real property located at 5346 Northdale Boulevard, Tampa, Florida, alleged to be traceable to proceeds of the offense.

According to the indictment, Maywalt was a medical biller at a local company that provided credentialing and medical billing services for its medical provider clients. In that capacity, Maywalt was able to access and utilize the company’s financial, medical provider, and patient information. Maywalt was assigned to a Tampa Bay-area physician’s account (“Physician #1”) and was responsible for submitting claims to Florida Medicaid HMOs for services rendered by Physician #1 to Medicaid recipients.

The indictment alleges that Maywalt abused his role as a medical biller by wrongfully accessing and utilizing the company’s patient information and Physician #1’s name and identification number to submit false and fraudulent claims to a Florida Medicaid HMO for the medical services purportedly rendered by Physician #1, which were not actually rendered. Maywalt also altered the “pay to” information associated with the Florida Medicaid HMOs’ payment processor so that the payments for the non-rendered medical services were sent to bank accounts under Maywalt’s control.

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. Department of Health and Human Services – Office of the Inspector General, the Federal Bureau of Investigation, the Florida Medicaid Fraud Control Unit – Office of the Florida Attorney General, and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorneys Maria Guzman and Suzanne Nebesky.

Jacksonville, Florida – Henry William Carabeo Boned (28, Miami) has pleaded guilty to conspiracy to commit wire fraud. Boned faces a maximum penalty of 20 years in federal prison and payment of restitution to victims of his crime. A sentencing date has not yet been set.

According to the plea agreement, in the early part of 2019, Boned and his co-defendants, Duani Garcia and Raiquel Monteagudo Torres used credit or debit cards re-encoded with stolen account numbers to purchase, among other things, phone cards and gift cards at Walmarts throughout the Clay County, Florida area. In February 2019, deputies with the Clay County Sheriff’s Office (CCSO) detained Boned and Torres at the self-checkout area of a Walmart while both individuals were in the process of attempting to complete a fraudulent transaction. Deputies detained Garcia as he walked out of the store. During a search of the three individuals, deputies located 40 gift and credit cards that had been re-encoded with stolen credit card information. Further investigation resulted in the seizure of computer media associated with the three individuals. A forensic examination of the computer media located an additional 253 stolen credit card account numbers.

On March 16, 2020, United States District Judge Brian J. Davis sentenced Garcia, to 12 months and 1 day in federal prison and payment of restitution to the victims. Co-defendant, Torres is a fugitive from law enforcement.

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

Jacksonville, Florida – Terrell Andre Mosely (40, Jacksonville) has pleaded guilty to theft of mail by a postal employee. Mosely faces a maximum penalty of five years in federal prison and payment of restitution to victims of his crime. A sentencing date has not yet been set.

According to court documents, in August 2019, the United States Postal Service – Office of Inspector General (USPS-OIG) began investigating customer complaints regarding stolen mail involving a postal route in Jacksonville, Florida. During follow up investigation, the USPS-OIG linked a stolen Target gift card to a phone number associated with Mosely. They also determined that Mosely worked on the postal route experiencing mail theft. USPS-OIG agents made contact with Mosely and spoke to him about his connection to the stolen Target gift card. Mosely confessed to stealing gift cards, including the Target gift card, from the mail. During a subsequent search of Mosely’s personal belongings and his car, agents recovered more than 230 pieces of stolen mail.  

The United States Postal Service - Office of Inspector General investigated this case. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

Ocala, Florida – Senior United States District Judge John Antoon II today sentenced Christopher Maurice McCallum, Jr. (28, Ocala) to 8 years in federal prison for possession of a firearm by a convicted felon. In addition, McCallum received a consecutive 2-year prison term on a related violation of supervision in another firearm case.

According to the plea agreement, on May 25, 2020, City of Ocala police officers responded to a shooting in a local neighborhood. The officers soon observed McCallum driving an automobile that was attempting to flee the area. McCallum was apprehended after a short pursuit, once he abandoned the automobile and tried to run on foot. In the driver-side floorboard of the automobile, officers recovered a stolen rifle loaded with ammunition. McCallum, a multi-convicted felon already on supervision for a federal weapons offense, is prohibited from possessing firearms or ammunition under the law.     

On June 6, 2020, officers again arrested McCallum on several outstanding federal warrants relating to this conduct. At the time of his arrest, McCallum had barricaded himself inside a rented apartment. A subsequent search of the apartment revealed two more loaded firearms—a stolen handgun and another rifle—along with illegal drugs and paraphernalia. This new criminal activity violated McCallum’s federal supervision from a 2014 conviction for the same charge—possession of a firearm affecting commerce by a convicted felon.

“A key component of ATF’s mission is reducing violent crime”, said ATF Special Agent in Charge Craig W. Saier, “ATF continues to aggressively pursue offenders related to firearms offenses and violent crime, and will continue to protect and serve our communities.

This case was investigated by the City of Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

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.

Ocala, Florida – Senior United States District Judge John Antoon II today sentenced Tommy Lee Holt (27, Ocala) to four years and seven months in federal prison for possession of an unregistered destructive device. Following his prison term, Holt is ordered to serve three years of supervised release.    

According to the plea agreement, on November 5, 2019, Holt manufactured eight “Molotov cocktails” using glass bottles filled with gasoline. All qualified as destructive devices and were subject to registration requirements under federal law. After illegally manufacturing the devices, Holt took them to a Marion County branch of the State of Florida’s Department of Children and Families. Once there, Holt lit the wicks on the destructive devices and unsuccessfully attempted to start a fire by throwing one at the building. When apprehended by police, Holt had a lighter clenched in his right hand and his clothing wreaked of gasoline.

“ATF’s primary focus is protecting the public from crimes involving firearms including the unlawful possession of unregistered destructive devices”, said ATF Special Agent in Charge Craig W. Saier.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Marion County Sheriff’s Office, and the City of Ocala Police Department. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Fort Myers, Florida – United States District Judge John L. Badalamenti has sentenced Alphonda Baker, Sr. (45, Cape Coral) to 14 years in federal prison for conspiring to distribute heroin and fentanyl and possessing multiple firearms as a convicted felon. Baker had pleaded guilty on February 5, 2020. Three of Baker’s associates were previously sentenced to federal prison for the conspiracy: Travis Lee Watkins (13 years); Tafawah Horrobin (10 years); and Michael Horrobin (4 years, 9 months).

According to court documents, Baker headed a drug organization that distributed significant amounts of heroin and fentanyl in Lee County, Florida. The investigation leading to Baker began in 2018, when law enforcement successfully purchased heroin laced with fentanyl from Horrobin, in Cape Coral, on multiple occasions. Law enforcement learned that Horrobin resided in Cape Coral but frequently visited a house in Lehigh Acres, where Watkins and Horrobin lived.  Investigators eventually determined that the Lehigh Acres residence was rented by the leader of the organization, Baker, to serve as a “safe house” where large quantities of drugs intended for distribution could be stockpiled.

On August 16, 2018, the Drug Enforcement Administration and the Cape Coral Police Department executed search warrants at Horrobin’s Cape Coral residence, the Lehigh Acres safe house, and Baker’s Cape Coral residence. Inside Horrobin’s residence, law enforcement seized various items used to facilitate the distribution of drugs, an illegally possessed firearm, and cash. Inside the Lehigh Acres safe house, law enforcement seized approximately one kilogram of a fentanyl/heroin mixture, approximately 400 grams of cocaine, smaller amounts of crack cocaine and methamphetamine, and four firearms. Eight firearms were seized from inside Baker’s Cape Coral residence.

This case was investigated by the Drug Enforcement Administration and the Cape Coral Police Department, with assistance from the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Michael V. Leeman.

Orlando, Florida – Irving Cepeda-Chico (39, Kissimmee) today pleaded guilty to 1 count of conspiracy to distribute heroin and fentanyl and 12 counts of distribution of heroin and fentanyl. Cepeda-Chico faces a mandatory minimum penalty of 10 years, and up to life, in federal prison. A sentencing date has not yet been set.

According to court documents, Cepeda-Chico was involved in obtaining and distributing heroin and fentanyl-laced heroin in Orlando and elsewhere in central and northern Florida. Audio and video recordings showed Cepeda-Chico selling thousands of dollars of fentanyl-laced heroin on multiple occasions. Court-authorized wiretap recordings captured Cepeda-Chico discussing distribution plans, discussing the quality of his product with a Mexican supplier, offloading bad fentanyl and heroin on another distributor, and arranging to pay his supplier through money orders. The investigation specified 14 instances, in December 2018 through August 2019, where Cepeda-Chico either possessed with intent to distribute or distributed a total of over 1.3 kilograms of heroin, nearly 500 grams which were laced with fentanyl. In addition, Cepeda-Chico distributed fentanyl-laced heroin to an individual, M.D., who died in a fatal overdose on July 19, 2019. The United States will be seeking to hold Cepeda-Chico responsible for that death at his sentencing hearing.   

Cepeda-Chico’s conspirators – Jeremy Zamot (23, Tampa) ; Kristen Ortiz (24, Orlando); Rachel Torres (25, Orlando); Christian Millan (36, Panama City); and Claribel Rivas (32, Panama City) — have all pleaded guilty to their roles in this conspiracy. They are scheduled to be sentenced on January 21 and January 22, 2021.    

This case was investigated by the Drug Enforcement Administration, with assistance from Homeland Security Investigations, the Orange County Sherriff’s Office, the Osceola County Sherriff’s Office, the Florida Highway Patrol, the Lakeland Police Department, the Florida Department of Law Enforcement, the Central Florida High-Intensity Drug Trafficking Area (HIDTA), and District 9 and 25 Medical Examiner Offices. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

United States Attorney Maria Chapa Lopez announces today that Mori, Bean and Brooks, P.A. (MBB), a radiology practice in the Jacksonville, Florida area, has agreed to pay the United States $1.4 million to resolve allegations that it knowingly submitted false claims to Medicare and Medicaid for radiological images that were ineligible for reimbursement. 

“Today’s announcement demonstrates the Justice Department’s commitment to protect public funds and our healthcare beneficiaries,” said United States Attorney Chapa Lopez. “We will aggressively pursue healthcare providers who violate Medicare regulations and hold accountable providers who knowingly submit fraudulent claims to Medicare and Medicaid.”

The settlement resolves allegations that from April 27, 2012, through February 5, 2019, MBB billed healthcare programs for radiological images that were interpreted outside the United States. Medicare requires that for tele-radiology services to be eligible for reimbursement, they must be performed within the United States. The agreement also resolves allegations that the practice group billed for radiology services that were initially performed overseas but were re-interpreted by another radiologist in the U.S. and billed to the second, domestic radiologist as if the latter doctor had performed the original read.

“Knowingly submitting false claims for financial gain is unacceptable,” said Special Agent in Charge Omar Perez Aybar of the U.S. Health and Human Services, Office of Inspector General. “Medicare only pays for services provided in accordance with Medicare rules. Today’s settlement should serve as a warning that anyone attempting to defraud taxpayer-funded health care programs will be vigorously pursued. ”

While MBB continued to bill Medicare and Medicaid for reads performed outside the country until after the United States informed it of the ongoing investigation, after being informed of the investigation MBB successfully reduced the amount owed to the government through diligent and effective cooperation. 

This case was handled by Assistant U.S. Attorneys Shea Gibbons and Sean Keefe for the Middle District of Florida. It was investigated by the U.S. Department of Health and Human Services – Office of Inspector General.

The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Thomas Heyck, a radiologist who formerly worked for Mori, Bean and Brooks. Heyck 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 case is captioned U.S. ex rel. Thomas Heyck v. Mori, Bean and Brooks, P.A, No. 3:18-cv-590-J-39PDB. The Act also allows the United States to intervene and prosecute the action. Heyck will receive 19% of the proceeds from the settlement.

Jacksonville, Florida – Bruce Lanier Jefferson (46, Jacksonville) has pleaded guilty to being a convicted felon in possession of a firearm. Because of Jefferson’s criminal history, he faces a mandatory minimum penalty of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.

According to the plea agreement, on April 14, 2020, Jefferson was driving a Chevrolet Cobalt at high rate of speed in the Brentwood neighborhood of Jacksonville. A patrol officer with the Jacksonville Sheriff’s Office (JSO) observed Jefferson’s erratic driving and attempted to pull him over. Jefferson positioned the car diagonally, as if he were going to drive on the sidewalk, exited the vehicle, and fled on foot. While fleeing, Jefferson threw a Taurus 9mm caliber pistol onto the sidewalk, then fell down. Jefferson attempted to regain his footing, at which point the JSO officer tased Jefferson and detained him. Other JSO patrol officers arrived on scene shortly thereafter, one of whom recovered Jefferson’s firearm from the sidewalk. The firearm had been equipped with an extended magazine and was loaded with 27 rounds of ammunition. Jefferson admitted to officers that he knew that he was a felon and that the Taurus 9mm caliber pistol belonged to him. The firearm had been reported stolen in 2019.  

A subsequent search of Jefferson revealed that he was in possession of drugs, including suspected fentanyl. Before possessing the pistol, Jefferson had been convicted of ten felonies, including drug distribution offenses on three separate occasions. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.

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.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Harlon David Prater (Jacksonville, 28) to 80 years in federal prison for producing photographs of his ongoing sexual assaults of an infant and 18-month-old child, and for distributing child sexual abuse material. The court also ordered Prater to a life term of supervised release and to pay restitution.

Prater had pleaded guilty on January 17, 2020.

According to court documents, the Jacksonville Sheriff’s Office (JSO) began investigating reports of an individual sharing child sexual abuse material on social media and file-sharing applications. JSO determined that some of the files contained data indicating that the files were created at a residence in Duval County, Florida.

JSO detectives obtained a search warrant for the residence, where they encountered Prater. During an interview, Prater admitted to viewing and sharing child pornography. He also admitted that he had used his cellular telephone to produce files of child pornography depicting his sexual abuse of two different child victims. A forensic review of Prater’s cellular telephone revealed more than 900 images and more than 50 videos depicting the child exploitation of children. JSO forensics unit discovered photographs on Prater’s smart phone depicting Prater’s rape of an infant and also of an 18-month-old baby. Prater sent self-produced videos and images of child sexual abuse material to others using a social media application.

“These heinous crimes against children must come to an end,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “The sentencing in this case represents how committed HSI and our partners are about removing dangerous predators from our streets.”

This case was investigated by the Jacksonville Sheriff’s Office and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Kelly S. Karase.

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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

Fort Myers, Florida – United States District Judge John L. Badalamenti has sentenced Isaac D. Harvin (27, Fort Myers) to 15 years in federal prison for possessing a firearm as a convicted felon. Harvin had pleaded guilty on February 14, 2020.   

According to court documents, on April 2, 2019, Fort Myers Police Department officers initiated a traffic stop of Harvin’s vehicle after it was confirmed that he was driving without a valid driver’s license. When Harvin exited the driver door, officers smelled the scent of burnt marijuana coming from inside the vehicle. Officers searched the vehicle and located a loaded handgun in the driver side inner kick-panel closest to where the driver’s right knee would be. Harvin was the vehicle’s only occupant. As a previously convicted felon, Harvin is prohibited from possessing firearms or ammunition under federal law.

This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Trent Reichling.

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.

Jacksonville, Florida – Cody Dillon Hogan (25, Leachville, Arkansas) has been indicted by a federal grand jury in Jacksonville for attempting to induce the molestation of a 9-year-old child and the production of a child sex abuse video using a popular social messaging app. If convicted, Hogan faces a mandatory minimum penalty of 15 years, and up to 30 years, in federal prison, and a potential life term of supervised release. Hogan was arrested at his residence in Leachville, Arkansas on November 9, 2020, and was subsequently detained pending trial in Jacksonville, which is scheduled for January 4, 2021.    

According to court documents and testimony, over a period of several weeks, an undercover FBI agent in Jacksonville, posing as the parent of a 9-year-old child, engaged in online conversations with Hogan using an online social messaging app. During these conversations, Hogan repeatedly solicited the “parent” to produce a pornographic video of the 9-year-old child and sent the undercover agent a $50 gift card as payment. Hogan also gave the “parent” detailed instructions as to how he wanted the “child” to be molested for the requested video. 

On November 9, 2020, law enforcement executed a federal search warrant at Hogan’s residence in Arkansas. When interviewed, Hogan admitted that he had had online conversations with the mother of the 9-year-old child about producing and sending him a pornographic video of the child. He also admitted to having sexually explicit conversations online with three additional minor children and convincing two of them to produce and send him pornographic images and videos. A forensic review of Hogan’s iPhone revealed that it contained at least 20-30 videos of prepubescent minor females, 4-8 years old, engaged in sexually explicit conduct.

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

This case was investigated by the Federal Bureau of Investigation in Jacksonville and Jonesboro, Arkansas, and the Jonesboro Police Department. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

Ocala, Florida – Cory Lamar Cohen, Jr. (22, Ocala) today pleaded guilty to possessing a firearm as a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

Cohen had been indicted on August 19, 2020.

According to facts presented in court, on January 29, 2020, Cohen was the front seat passenger in a vehicle stopped by the Ocala Police Department for a traffic infraction. After a police canine alerted to the odor of illegal drugs in the car, a search revealed a black backpack on the floorboard that contained a loaded semi-automatic pistol, a second magazine loaded with ammunition, a glass jar containing a large amount of marijuana, five white opioid tablets, a digital scale, and Cohen’s State of Florida identification card. A subsequent laboratory analysis showed Cohen’s DNA profile at numerous locations on the recovered firearm. Cohen, a multi-convicted felon, is prohibited from possessing firearms and ammunition under federal law.  

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

Tampa, Florida - U.S. District Judge Mary S. Scriven has sentenced Joseph S. Anile, II (56, Sarasota) to 10 years in federal prison for conspiracy to commit wire fraud and mail fraud, money laundering, and filing a false income tax return. As part of the sentence, the court also entered a money judgment of $3,283,467, the proceeds of the fraud. Anile was also ordered to forfeit his interest in multiple pieces of real property, including a luxury residence in Sarasota, high-end vehicles, currency, gold coins, and silver bars, which are traceable to proceeds of the fraud.

Anile had pleaded guilty on September 26, 2019.

According to court documents, from November 2011 through April 18, 2019, Anile conspired with others to commit wire fraud and mail fraud. Through false and fraudulent representations and material omissions, the conspirators persuaded at least 700 victims to invest more than $72 million in a foreign exchange market (“FOREX”) fraud known as Oasis International Group. Anile, a licensed attorney, created offshore entities, secured broker-dealer licenses, drafted promissory notes and disclosures, monitored incoming wire transactions, directed outgoing wire transactions and interacted with victim-investors to help carry out the scheme. The conspirators also developed and administered a “back office” operation—a secure website that falsely and fraudulently depicted account balances and earnings—to convince victim-investors that their principal balances were safe and that their investments were performing.

In fact, the conspirators used only a portion of the victim-investors’ funds for FOREX trading, which resulted in catastrophic losses that were concealed. They used the balance of the victim-investors’ funds to make payments toward expenses associated with perpetuating the scheme, and to purchase million-dollar residential properties, high-end vehicles, gold, silver and other liquid assets, to fund a lavish lifestyle for the conspirators, their family members and friends, and for their personal enrichment. Anile used fraud proceeds to purchase other assets, including a Ferrari California T convertible. Anile did not report the victim-investors’ funds he received on his federal income tax returns.

“Make no mistake, white collar criminals absolutely destroy lives. Joseph Anile disgracefully conspired to orchestrate a scheme that ultimately did just that,” stated Special Agent in Charge Brian Payne of IRS Criminal Investigation. “Oasis International not only fraudulently depleted the life savings of its investors, many of them seniors, but also caused their victims and families untold mental anguish, emotional distress, and broken trust. These offenses are most heinous, and we are proud to stand with our law enforcement partners to bring these crooks to task.”

OFR Commissioner Russell C. Weigel, III, said “I thank OFR’s investigators and our partners in law enforcement for their efforts in this case. Criminals who perpetrate these types of financial schemes will be brought to justice, and I appreciate the valuable work of OFR’s team, the FBI, and the IRS in bringing this case to resolution.”

“It’s tough to hear the stories of financial hardship this scheme created. Rest assured, the FBI and its law enforcement partners will never cease to bring to justice heartless fraudsters like Joseph Anile who swindle hard-earned money from honest Americans,” said Special Agent in Charge of the FBI Tampa Division Michael F. McPherson.

This case was investigated by the Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, and the Florida Office of Financial Regulation. A related civil action was brought by the Commodity Futures Trading Commission, which resulted in, among other actions, the appointment of a receiver.

The criminal case was prosecuted by Assistant United States Attorney Rachelle DesVaux Bedke. The forfeiture was handled by Assistant United States Attorney Suzanne Nebesky.

Orlando, Florida – Douglas V. Oakes has pleaded guilty to tax evasion. He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Oakes tried to evade and defeat the payment of federal income taxes that he owed for tax years 2002 to 2005. In August 2015, after the IRS initiated collection actions, Oakes submitted a signed statement to the IRS in which he represented that he was not employed or self-employed, earned no income, and did not have a financial interest in any business entities. In fact, at that time, Oakes was working for Dealerindustry.com, LLC (“DI”) d/b/a Automotive Capital Corporation, a company in which he had a significant financial interest and from which he was earning approximately $400,000 per year. To conceal from the IRS his financial interest in DI, Oakes registered his daughters and others as DI’s managing members with the Florida Department of State, removed his name from DI’s website and bank account, and removed his profile from the website LinkedIn.

In addition, in September 2015, Oakes submitted a sham rent agreement to the IRS representing that he and his wife were renting their 4,321 sq. ft. lakefront home in Orlando from DI for $1 per month. In November 2015, Oakes further attempted to conceal his assets from the IRS by purchasing a new beachfront home in Merritt Island for $1 million in the name of a nominee. 

In July 2017, following the death of his daughter, Oakes and another individual caused posthumous tax returns to be prepared for Oakes’s deceased daughter in which DI’s income from 2010 through 2015 was falsely claimed to be entirely his deceased daughter’s income. In fact, between 2010 and 2015, Oakes earned approximately $2.2 million in income from DI, including payments that Oakes caused to be made from DI’s business bank account for credit card payments, luxury car payments, and the rent for his lakefront home.

The total tax loss to the United States in this case was $1,112,651.

This case was investigated by Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Chauncey A. Bratt and Jennifer M. Harrington.

Jacksonville, Florida – Earl Frederic Owens (32, Jacksonville) has pleaded guilty to distributing child sex abuse images over the internet. He faces a mandatory minimum penalty of 5 years, and up to 20 years, in federal prison, and a potential life term of supervised release. Additionally, Owens will be required to register as a sex offender and to forfeit several computer devices seized from his residence. Owens has been in custody since his arrest on November 19, 2019. 

According to court documents, the Homeland Security Investigations (HSI) Cyber Crimes Center received a report from Kik, a social messaging application (“app”), that several different user accounts had uploaded and distributed images depicting the sexual exploitation of children to an online chat platform using the Kik app. Further investigation revealed that these materials were distributed from an apartment in Jacksonville where Owens lived.

On November 19, 2019, HSI agents executed a search warrant at Owens’s apartment. During an interview, Owens admitted that he uses the Kik app to chat with strangers about his “urges,” he has an interest in “pedophilia,” and that he traded child sex abuse materials with others online through group chats and private messages using the Kik app. A forensic examination of Owens’s laptop computer revealed that he had collected at least 2,149 images depicting young children being sexually abused. 

This case was investigated by Homeland Security Investigations in Jacksonville, and the HSI Child Exploitation Investigations Unit – Cyber Crime Center in Fairfax, Virginia. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Ocala, Florida – A federal jury has found Terry George Zimmerman (73, Lady Lake) guilty of possession of child pornography. He faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for April 23, 2021.

Zimmerman was originally indicted on December 11, 2019. A superseding indictment followed on February 26, 2020.

According to testimony and evidence presented at trial, the Lady Lake Police Department executed a search warrant at Zimmerman’s residence and seized several electronic devices containing materials involving the sexual exploitation of young children. Agents from Homeland Security Investigations recovered more than 2,395 images and 309 video files depicting children who were being sexually assaulted and exploited from two computers and twelve USB drives that Zimmerman had kept in his living room and bedroom. 

Zimmerman had previously been convicted of this same child sexual exploitation offense on June 19, 1995, in New York. As a result, he faces a minimum mandatory sentence of 10 years for this latest conviction.

This case was investigated by Homeland Security Investigations, the Lady Lake Police Department, and the Ocala Police Department. It was prosecuted by Assistant United States Attorneys Michael P. Felicetta and Tyrie K. Boyer.

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 District Judge John L. Badalamenti has sentenced Charles Arthur Herzberger (26, North Fort Myers) to three years and one month in federal prison for possessing a firearm as a convicted felon. Herzberger had pleaded guilty on December 20, 2019.   

According to court documents, officers from the Fort Myers Police Department observed Herzberger driving without wearing a seatbelt. As the officers attempted to maneuver their patrol vehicle into position to conduct a traffic stop, Herzberger quickly pulled into a parking space at a convenience store, exited the vehicle, and sprinted from the car. After a brief foot pursuit, Herzberger was apprehended. Officers searched the vehicle and located a loaded 9mm handgun under the driver’s seat. DNA analysis performed by a Florida Department of Law Enforcement analyst revealed that Herzberger’s DNA profile matched the DNA extracted from the firearm. As a previously convicted felon, Herzberger is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Fort Myers Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Simon R. Eth.

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, FL – Senior U.S. District Judge James Moody, Jr. today sentenced Roberta A. Guedes (41, Tampa) to four years and six months in federal prison for mail fraud and aggravated identity theft in connection with a fraudulent scheme wherein Guedes posed and practiced law as a licensed attorney. The court also ordered Guedes to pay $14,318 in restitution to her victims.  

Guedes had pleaded guilty on December 17, 2019.

According to court documents, in 2014, Guedes graduated from Stetson University College of Law, but twice failed the Florida Bar exam. Guedes has never been licensed to practice law in Florida nor in any other state. Despite this, in the fall of 2014, Guedes incorporated two fake law firms—Ferguson and McKenzie LLC, and Immigration and Litigation Law Office, Inc. Guedes marketed her legal services and rented office space at the Rivergate Tower in downtown Tampa. She took on multiple client-victims, misrepresenting herself as an attorney. Guedes charged her client-victims fees for services, which ranged from representation in immigration proceedings to family law matters. At times, Guedes impersonated a law school classmate and licensed attorney who had no involvement in Guedes’s sham law firms. As part of her fraudulent scheme, Guedes filed court pleadings and immigration petitions using her former classmate’s name and Florida Bar number, and she also made several personal appearances in federal immigration court (Orlando) and in Hillsborough County court posing as a licensed attorney.

Following the initiation of a Florida Bar investigation into her conduct, Guedes falsified and filed a third party affidavit in an attempt to undermine and discredit that investigation.  

Guedes furthered her fraudulent scheme by using other victims’ personal identity information. For example, Guedes used one victim’s Social Security number, birthdate, and other identifying information to form corporations and to open bank accounts, credit cards, and other lines of credit for personal expenses and business-related expenses for her sham law firms.

“For years, Guedes engaged in a brazen pattern of fraud and deceit upon our legal and financial institutions,” said HSI Tampa Assistant Special Agent in Charge Hector X. Colon. “Thanks to HSI and USCIS special agents and the Largo Police Department, she will be held accountable for her crimes.”

 “The defendant’s illegal actions abused the trust placed in her by clients,” said USCIS Tampa District Director Michael Borgen. “USCIS is dedicated to identifying and exposing immigration fraud schemes, and we are proud to have partnered with ICE and the U.S. Attorney’s Office to shut down this illegal and deceptive practice.”

This case was investigated by Homeland Security Investigations and the United States Citizenship and Immigration Services, with assistance from the Largo Police Department. It was prosecuted by Assistant United States Attorney Frank Murray.