Middle District of Florida

Jacksonville, Florida – Harlon David Prater (28, Jacksonville) has pleaded guilty to two counts of producing images depicting the sexual abuse of children, and one count of transporting images of sexual abuse of a child. Prater faces a minimum mandatory penalty of 15 years, and up to 80 years, in federal prison, and a potential life term of supervised release. His sentencing hearing is scheduled for May 4, 2020.   

According to court documents, the National Center for Missing and Exploited Children (NCMEC) received reports from a social networking and file-sharing provider that a particular user was sharing images of child sex abuse. NCMEC determined that the images had been created in Duval County. Detectives and officers from the Jacksonville Sheriff’s Office (JSO) executed a search warrant at Prater’s residence. During an interview, Prater admitted to viewing and sharing images of child sex abuse. He also admitted to using his cellphone to produce images of babies being sexually abused.

During a search of Prater’s cellphone, a JSO forensic examiner recovered images of Prater sexual abusing babies and other children. There was also evidence that Prater had distributed images and videos of child sex abuse to others over social media, and that he had amassed a collection on his cellphone of more than 900 images and 50 videos of children being sexually abused.

This case was investigated by the Jacksonville Sheriff’s Office and Homeland Security Investigations. 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.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announced the return of an indictment charging Columbus Donavan Jeffrey (41, Jacksonville) with two counts of producing images depicting the sexual abuse of a child. If convicted on all counts, Jeffrey faces a mandatory minimum penalty of 15 years, and up to 60 years, in federal prison. Jeffrey was arrested on October 3, 2019, on related state charges, and is currently detained pending trial. 

According to court documents, the National Center for Missing and Exploited Children (NCMEC) received two reports from a company that hosts and administers an online social messaging application. These reports revealed that on May 3, 2019, a user named “hideme1977” had uploaded and distributed child sex abuse images over using the application. Further investigation by NCMEC and the Jacksonville Sheriff’s Office (JSO) revealed that the internet protocol address used to upload these images traced back to a residence where Jeffrey lived. On October 3, 2019, JSO detectives and officers executed a search warrant at the home. During an interview, Jeffrey admitted, among other things, that he had used the username “hideme1977” on the messaging application, and he identified himself and a child depicted in one of the photos that had been uploaded to the app. JSO detectives were able to identify and locate the child in the photos.

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

This case was investigated by the Jacksonville Sheriff’s Office 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.

Tampa, Florida – DeShawn Torrell Salley (49, Tampa) today pleaded guilty to distributing at least 50 grams of methamphetamine, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a convicted felon. He faces a mandatory minimum term of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.

According to the plea agreement, between 1999 and 2004, Salley was convicted of six felony offenses, including attempted murder in the first degree. On June 5, 2019, he sold 54 grams of methamphetamine to a confidential informant in Tampa. On July 31, 2019, federal agents arrested Salley. During the execution of a search warrant at Salley’s apartment, federal agents recovered a loaded Glock .45 caliber pistol, a bulletproof vest, heroin, and marijuana. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.

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 – U.S. District Judge Paul G. Byron has sentenced Barry Clint Wright (38, Monroe, NC) to the maximum statutory sentence of seven years in federal prison for introducing an unapproved drug into interstate commerce, introducing a misbranded drug into interstate commerce, and introducing an unapproved drug into interstate commerce with the intent to defraud or mislead.  Wright had pleaded guilty on November 1, 2019.

According to court documents, 2,4-Dinitrophenol (DNP) is a chemical substance that, when ingested, causes rapid loss of weight, but is also associated with a high rate of adverse effects including cataracts, hyperthermia, tachycardia, cardiac arrhythmia, and death. In 1938, the U.S. Food and Drug Administration (FDA) declared DNP to be extremely dangerous and not fit for human consumption. At that time, the FDA announced publicly that it would prosecute those who manufacture and distribute DNP for use as a drug. 

According to court records, between December 2015 and May 2018, Wright sold DNP to consumers throughout the United States and in a number of foreign countries as a weight loss drug. Wright purchased bulk DNP and encapsulated it into ingestible pills. He also created several websites to market the pills. Wright did not label the pills as DNP, nor did he include any directions or warnings regarding the use of the drug when he mailed it to consumers. Three of these consumers died during or shortly after their DNP use. The official cause of death for two of these victims, 21-year-old V.G. (East London, United Kingdom) and 46-year-old J.P. (Marietta, GA), was DNP toxicity. The other victim, 26-year-old C.W. (Lake Mary, FL), died from cardiac arrhythmia, which can be caused by the use of DNP.   

This case was investigated by the U.S. Food and Drug Administration, Office of Criminal Investigations. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Jacksonville, Florida – A federal jury has found Darryl Gray Smith, Jr. (30, Orange Park) guilty of two counts of attempted online enticement of a child to engage in sexual activity, and one count of online solicitation of child pornography. Smith faces a mandatory minimum penalty of 10 years, and up to life, in federal prison for each of the attempted online enticement counts. For the solicitation charge, he faces a mandatory minimum penalty of 15 years, and up to 30 years. A sentencing date has not yet been set.

According to testimony and evidence introduced during the trial, from February 6 through February 13, 2019, Smith engaged in a series of online text conversations with a person whom he believed to be a 14-year-old child.  Unbeknownst to Smith, the “child” was an undercover Homeland Security Investigations (HSI) agent. During the course of the online conversations, Smith discussed in detail his desire to have sex with and to perform sexual acts on the child. Smith made several requests for the child to send him images of the child engaging in sexually explicit conduct. On February 13, 2019, Smith went to a local fast food restaurant in Orange Park to meet the child, and was subsequently arrested by HSI agents and deputies from the Clay County Sheriff’s Office. 

This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Ashley Washington and Kelly 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.   

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the filing of a criminal complaint charging D.K. Johnson (80, Jacksonville) with possessing a firearm as a convicted felon. If convicted, Johnson faces a maximum penalty of 10 years in federal prison. 

According to the

complaint , in 1992, Johnson was federally convicted of attempted murder, assault with attempt to commit murder, assault causing serious bodily harm, and using and carrying a firearm during a crime of violence. He was sentenced to 10 years in federal prison. According to court documents, Johnson committed these crimes against his coworkers at the time.

During the past two years Johnson has been employed by a company in Jacksonville. He was terminated at the end of January 2020, at which time he began making threats toward his former employer. The former employer knew that Johnson was a convicted felon and had accompanied Johnson to a gun show, where Johnson had purchased a Sig Sauer pistol in a transaction not requiring a background check.

On February 5, 2020, special agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a search warrant at Johnson’s home. Agents recovered ammunition from inside the residence, and several firearms from a shed on the property, including a Sig Sauer .40 caliber pistol. Johnson was arrested at the scene.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.

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.

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; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. For more information on Project Guardian visit www.justice.gov/projectguardian.

Tampa, Florida – Senior U.S. District Judge Susan Bucklew has sentenced Jermaine Rhoomes (46, St. Petersburg) to four years and nine months in federal prison for trafficking firearms, ammunition, and gun parts to Jamaica, in violation of the International Traffic in Arms Regulations. The sentence imposed was the maximum recommended by the United States Sentencing Guidelines.

Rhoomes had pleaded guilty on October 1, 2019.

According to court documents, in March 2016, Rhoomes used an alias and false address to smuggle to Jamaica a pistol, an AR15-style assault rifle, and multiple ammunition magazines, in shipments that he had declared as containing audio equipment. In July 2017, Rhoomes used a fake name and address to send a 50-gallon barrel to Jamaica that he declared as “food.” Jamaican law enforcement officers intercepted the barrel and discovered that it actually contained two AK47-style assault rifles, five AR15-style assault rifles, eight pistols, 3,315 rounds of assorted ammunition, 38 gun magazines, and a bulletproof vest. After tracing that shipment back to Rhoomes, law enforcement searched Rhoomes’s apartment in St. Petersburg and found seven partially completed assault-style rifles, two shotguns, 23 gun magazines, and 5,949 rounds of assorted ammunition, all of which Rhoomes intended to illegally export to Jamaica.

Representatives from the Jamaican government, including Queen’s Counsel Paula Llewellyn, Jamaica’s Director of Public Prosecutions, traveled to the United States to attend Rhoomes’s sentencing hearing.

“The unique international investigative authorities of HSI helped disrupt this transnational criminal organization,” said Department of Homeland Security, Homeland Security Investigations Tampa Assistant Special Agent in Charge Michael Cochran. “Thanks to the hard work of our HSI special agents and our partners at Immigration and Customs Enforcement’s Enforcement and Removal Operations, the St. Petersburg Police Department, the U.S. Postal Inspector, the HSI Attaché office in Jamaica and the Bureau of Alcohol, Tobacco, Firearms and Explosives, our communities are safer today.”

This case was investigated by Homeland Security Investigations, Immigration and Customs Enforcement and Removal Operations, the St. Petersburg Police Department, the U.S. Postal Inspection Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Daniel George and Trial Attorney Will Mackie of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.

Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Danny James McLaughlin (59, Littleton, CO) to life in federal prison for using interstate commerce facilities in the commission of murder-for-hire and for enticing a minor to engage in sexual activity. The court also ordered McLaughlin to pay a $300,000 fine.

McLaughlin had pleaded guilty on October 31, 2019.

According to court documents, between April 26 and May 17, 2019, McLaughlin communicated online with someone whom he believed was the father of a 13-year-old girl. Unbeknownst to McLaughlin, the “father” was an undercover federal agent. McLaughlin suggested that the undercover agent take a father-daughter trip to Colorado, where McLaughlin lived, so he could kidnap and rape the child. McLaughlin detailed his intentions to hold the teenager captive, subject her to physical and sexual torture, and then kill her.

McLaughlin indicated that he would be willing to kidnap and hold the daughter if the undercover agent would return the favor by killing McLaughlin’s wife. McLaughlin informed the agent of a weekly meeting that his wife attended, along with the time and location. He also suggested a place where the agent could dump his wife’s body, and where he could purchase chloroform to commit the murder. 

On May 17, 2019, McLaughlin met with the undercover agent at a hotel in Colorado. He reaffirmed his intention to kidnap and sexually abuse the notional 13-year-old daughter and gave the agent $100 as a deposit toward the $2,600 sum he had agreed to pay for the murder-for-hire.

“The sentencing of McLaughlin is a clear message to criminals there is no safe haven from law enforcement,” said HSI Orlando Assistant Special in Charge David J. Pezzutti. “Without the hard work and strong partnerships between HSI Orlando, HSI Denver and the Brevard County Sheriff’s Office, this criminal would have murdered his wife and sexually exploited a child.”

This case was investigated by Homeland Security Investigations, the Brevard County Sheriff’s Office, and the Arapahoe County (Colorado) Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Emily C. L. Chang and Ilianys Rivera Miranda.

Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Erika Paola Intriago (45, Tampa) to four years in federal prison for wire fraud in connection with a fraud scheme involving her posing as an immigration attorney to more than 50 victims in Chicago and Tampa. The court also ordered Intriago to forfeit $53,663, the proceeds of her offense.

Intriago had pleaded guilty on October 31, 2019.

According to court documents, Intriago portrayed herself as an immigration attorney and personal representative offering immigration-related services. She advertised her services on social media, targeting immigrants and immigrant families from Spanish-speaking countries. In fact, Intriago was not a licensed attorney in any state.

At least 55 victims retained and paid Intriago to represent them in immigration-related matters before U.S. Citizenship and Immigration Services (USCIS) and other agencies. To prove that she was acting on the victims’ behalf, Intriago sent fraudulent letters, emails, receipts, documents, and communications to her victims, fraudulently representing that these records were legitimate communications sent from agencies of the United States, including the Department of Homeland Security and USCIS. In actuality, Intriago had either never filed the necessary immigration paperwork, had abandoned the immigration process, or the applications had already been denied without Intriago informing the victims. Intriago also threatened and intimidated victims who complained about her conduct by telling them that she would report their immigration status to U.S. immigration authorities, which Intriago claimed would result in the victims being deported.

“Immigration fraud is a serious threat to our national security,” said HSI Tampa Assistant Special Agent in Charge Michael Cochran. “Her illegal scheme tried to undermine the integrity of our nation’s legal immigration system, while preying on victims who were vulnerable and trying to navigate a path to citizenship.”  

“Justice was served today with this sentencing,” said USCIS Tampa District Director Michael Borgen. “The defendant defrauded immigrants in an elaborate unlawful scheme, and USCIS’ Fraud Detection and National Security division is proud to have partnered with HSI and the U.S. Attorney’s Office to continue protecting our immigration system.”

This case was investigated by the Department of Homeland Security, Homeland Security Investigations and the United States Citizenship and Immigration Service. It was prosecuted by Assistant United States Attorney Frank Murray.

Tampa, Florida – U.S. District Judge William F. Jung today sentenced Jordan Rodriguez (Bradenton, 26) to, among other things, three terms of life imprisonment.  Rodriguez’s co-defendants, Alfonzo Churchwell (Bradenton, 32) and Andrew Thompson (Bradenton, 25) were also sentenced to multiple life terms of imprisonment last month. All three individuals were found guilty on November 5, 2019, following a three-and-a-half-week jury trial. See

summary chart  for a complete list of charges and sentences.

According to evidence presented during the trial, the defendants were  engaged in a violent and deadly rivalry with others in Oneco, a community in Bradenton. The men worked together to traffic in controlled substances and to control and protect their drug business with violence and murder. Rodriguez, Churchwell, and Thompson were responsible for at least four murders. Their racketeering enterprise maintained a “trap house” that was used to distribute heroin, cocaine, crack cocaine, marijuana, and other drugs.

“Our thoughts and prayers remain with the families of the murdered victims,” stated U.S. Attorney Maria Chapa Lopez. “We are deeply committed to dismantling violent criminal organizations.” “The Department of Justice, working closely with our partners at all levels of law enforcement, will continue to use every available resource to protect vulnerable communities from the scourge of violent drug crime.

“The announcement of these sentences means that these individuals will no longer be able to hurt, harm or intimidate this community,” said ATF Special Agent in Charge Daryl McCrary. “ATF has worked extensively with the Manatee County Sheriff’s Office to reduce violent crime and also with the victims’ families to bring closure to those who have suffered through these senseless acts of violence.”

Manatee County Sheriff Rick Wells said, “Our goal has always been to find violent drug traffickers who are destroying lives in our community, and hold them accountable. We appreciate the hard work of the United States Attorney’s Office for bringing this case to a successful conclusion.”  

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Manatee County Sheriff’s Office, and the State Attorney’s Office (Twelfth Judicial Circuit). It was prosecuted by Assistant United States Attorneys Natalie Hirt Adams and Christopher F. Murray.

Ocala, Florida – Christopher Louis Hooker (25, Orlando) today pleaded guilty to interference with commerce by robbery. He faces up to 20 years in federal prison. Last week, three co-defendants, Carlos Eduardo Hampton, Jr. (22, Tampa), Quintin Eugene Augustus (18, Cocoa), and Jonathan Arthur Floyd (21, of Cocoa), entered guilty pleas in connection with the 2019 robberies of two central Florida Rural King stores.

According to the plea agreements, on July 26 and August 16, 2019, Hampton, Augustus, and Floyd used a sledgehammer to break into two Rural King locations in Ocala and Zephyrhills. The men then used the sledgehammer to smash open display cases and steal a total of 28 firearms. Hooker served as the group’s getaway driver for the Zephyrhills robbery. Immediately following that robbery, law enforcement officers stopped Hooker’s car, arrested the four men, and recovered numerous firearms stolen from the Zephyrhills Rural King store.         

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

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

Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Mario D. Heatly (39, St. Petersburg) to nine years and four months years in federal prison for possessing 500 grams or more of cocaine with the intent to distribute it. 

Heatly had pleaded guilty on September 26, 2019.

According to court documents, law enforcement officers executed a search warrant at a storage unit that Heatly had been using and recovered almost a kilogram of cocaine, more than $16,000, a scale, and plastic bags. Subsequently, Heatly was arrested at a different storage unit. This unit also contained almost a kilogram of cocaine, scales, and plastic bags.

This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.

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

Tampa, Florida – Tom Wynne has pleaded guilty to one count of conspiracy to commit tax evasion, one count of tax evasion, and seven counts of money laundering. He faces a maximum penalty of 5 years in federal prison for each of the tax-related counts and up to 10 years in federal prison for each money laundering count.

According to the plea agreement, 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. 

This case was investigated by the Drug Enforcement Administration, 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 Unit focuses specifically on opioid-related health care fraud, using data to identify and prosecute individuals contributing to the prescription opioid epidemic. It will be prosecuted by Assistant United States Attorneys Greg Pizzo and Kelley Howard-Allen.

Ocala, Florida – U.S. Senior District Judge James D. Whittemore today sentenced Jeremy Jermaine Willis (37, Ocala) to 20 years in federal prison for conspiring to distribute cocaine, heroin, and fentanyl. The court also sentenced co-defendants Gary Eugene Hayes (38, Ocala) and Darren Michael Beatty (30, Ocala) to 15 years in federal prison each, for their involvement in the same conspiracy. All three men had pleaded guilty in 2019.

According to court documents, between January 2012 and May 2019, Willis, Hayes, and Beatty were members of a conspiracy that distributed hundreds of kilograms of cocaine and heroin through a network of stash houses in Marion County. Large quantities of the heroin were also laced with fentanyl.

This case was investigated by the Drug Enforcement Administration, the Ocala Police Department, the Unified Drug Enforcement Strike Team (UDEST), the Marion County Sheriff’s Office, and the Internal Revenue Service – Criminal Investigation Division. It was prosecuted by Assistant United States Attorney William S. Hamilton.

Orlando, Florida – A federal jury has found Tanya Firmani (47, Jacksonville) guilty of one count of conspiracy to commit bankruptcy fraud and six counts of bankruptcy fraud. Firmani faces a maximum penalty of five years’ imprisonment on each count. Her sentencing hearing is scheduled for April 21, 2020.

According to testimony and evidence presented at trial, Firmani conspired with others in a foreclosure rescue/bankruptcy fraud scheme. Firmani solicited homeowners whose mortgages were in default and offered to rescue their homes from foreclosure. To prevent the Federal National Mortgage Association (“Fannie Mae”), the Federal Home Loan Mortgage Corporation (“Freddie Mac”), the Federal Housing Administration (“FHA”), and multiple financial institutions from lawfully foreclosing on homeowners’ properties, Firmani filed or caused the filing of fraudulent bankruptcy petitions in the homeowners’ names just prior to the scheduled foreclosure sale dates. The fraudulent bankruptcies triggered the Bankruptcy Code’s automatic stay provision, preventing Fannie Mae, Freddie Mac, FHA, and the financial institutions from conducting foreclosure sales and obtaining the titles to the properties. The fraudulent bankruptcy petitions enabled Firmani to collect fees and allowed her co-conspirators to obtain ill-gotten commissions for short-sales causing losses to creditors. 

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the U.S. Department of Housing and Urban Development – Office of Inspector General. The Office of United States Trustee for the Middle District of Florida provided substantial investigative assistance. The case is being prosecuted by Special Assistant United States Attorney Chris Poor.

 

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Quleton Monix (36, Bradenton) to seven years and nine months in federal prison for possessing with the intent to distribute cocaine and for possessing a firearm in furtherance of a drug trafficking crime. The court also ordered Monix to forfeit the firearm and ammunition.

Monix had pleaded guilty on October 24, 2019.

According to court documents, between August 20 and September 12, 2018, Monix sold crack cocaine to an undercover officer on five different occasions. On September 26, 2018, law enforcement officers arrested Monix on multiple warrants for the sale of narcotics. After his arrest, authorities searched Monix and his vehicle and recovered $1,917 from Monix’s pocket, $3,071 from his wallet, 3.9 grams of crack cocaine from the center console of the vehicle, and $18,020, wrapped in stacks of $1,000, from a bag underneath the passenger seat.

That same day, a search warrant was executed at Monix’s residence. Inside the home, law enforcement officers located, among other things, 38 grams of cocaine, a digital scale, a razor blade, two silver pots and a fork that contained cocaine residue, a loaded semi-automatic pistol, and a box of ammunition.

This case was investigated by the Federal Bureau of Investigation and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney David C. Waterman.

This case was brought as part of Project Safe Neighborhoods (“PSN”). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Tampa, Florida – Joseph Brice, Jr. (26, Bradenton) has pleaded guilty to distributing heroin and fentanyl, and to possessing a firearm as a convicted felon. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been scheduled.

According to the plea agreement, Brice sold heroin and fentanyl to an undercover officer on five different occasions. During the fifth drug sale, Brice sold heroin and a firearm to the undercover officer. Brice, who has prior felony convictions for armed burglary and cocaine distribution, 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 Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David C. Waterman.

This case was brought as part of Project Safe Neighborhoods (“PSN”). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Ocala, Florida – United States Attorney Maria Chapa Lopez announces that three men charged with the 2019 robberies of two central Florida Rural King locations—Carlos Eduardo Hampton, Jr. (22, Tampa), Quintin Eugene Augustus (18, Cocoa), and Jonathan Arthur Floyd (21, Cocoa) have each entered guilty pleas to two counts of interference with commerce by robbery. Hampton also pleaded guilty to possessing a firearm as a convicted felon. Each faces up to 20 years in prison on each of the robbery counts; Hampton also faces up to 10 years’ imprisonment for the firearm offense.

The individuals had been indicted on October 2, 2019.

According to the plea agreements, on July 26 and August 16, 2019, Hampton, Augustus, and Floyd used a sledgehammer to break into two Rural King locations in Ocala and Zephyrhills. The men then used the sledgehammer to smash open display cases and steal a total of 28 firearms. They were apprehended by the Zephyrhills Police Department after the second robbery. Hampton, a convicted felon, is prohibited from possessing firearms or ammunition under federal law.

A fourth individual, Christopher Hooker (24, Orlando), has also been charged in this case. He is currently awaiting trial.

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

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

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

 

Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Jason Ryan Fain (38, Jacksonville) to six years in federal prison for possessing a USB thumb drive that contained videos and images depicting the sexual abuse of young children. Fain was also sentenced to serve a 10-year term of supervised release and ordered to register as a sex offender. 

A federal jury had found Fain guilty on October 30, 2019.    

According to testimony and evidence presented at trial, on January 9, 2017, an officer with the Jacksonville Sheriff’s Office (JSO) responded to a citizen complaint at Fain’s residence and recovered a USB thumb drive belonging to Fain. A detective from JSO obtained a search warrant for the thumb drive, which contained 3,614 images and 7 videos depicting the sexual abuse of young children, together with “selfie” photos depicting Fain. 

On October 27, 2017, Fain was arrested in Youngstown, Florida by investigators from the Bay County Sheriff’s Office. During an interview, Fain admitted that the thumb drive belonged to him and that it contained “hundreds” of pornographic images of children that he had obtained from the internet. A forensic analysis of the thumb drive by the FBI confirmed that it had accessed a particular file-sharing network on the internet. The device also contained a document that advocated the legalization of child pornography possession.              

This case was investigated by the Jacksonville Sheriff’s Office, the Bay County Sheriff’s Office, and the Federal Bureau of Investigation. It was 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.  

Tampa, FL – A federal jury has found Emiro Hinestroza-Newbbooll (48, Colombia) guilty of one count of conspiracy to distribute and to possess with the intent to distribute five kilograms or more of cocaine while onboard a vessel subject to the jurisdiction of the United States, and one count of possession with the intent to distribute five kilograms or more of cocaine on that vessel. Hinestroza-Newbbooll faces a maximum penalty of life in federal prison. His sentencing is scheduled for April 30, 2020.

According to evidence presented at trial, Hinestroza-Newbbool was part of an international maritime drug smuggling operation involving at least 600 kilograms of cocaine worth approximately $18 million. Hinestroza-Newbbooll was the captain of a four-man, Colombia-based cocaine smuggling crew. Prior to their interdiction by the U.S. Coast Guard (USCG), Hinestroza-Newbbooll and his crew were transporting approximately 30 to 40 bales of cocaine onboard a go-fast vessel from Colombia to Honduras following a known smuggling route known as the “Honduras Rise.”

On December 1, 2018, a USCG HC-130J aircraft deployed from Air Station Elizabeth City, North Carolina spotted and recorded Hinestroza-Newbbooll and his crew onboard a go-fast vessel traveling at a high rate of speed, approximately 110 nautical miles southwest of Jamaica. In an attempt to destroy evidence and evade capture, Hinestroza-Newbbooll and his crew jettisoned all of the cocaine bales onboard the vessel and sank them to the ocean bottom, by tying the bales to their outboard engines and throwing the engines (their only means of propulsion) overboard. The USCG aircrew thwarted that attempt and was able to observe and record the jettison.

Later that day, Hinestroza-Newbbooll, his crew, and their now engine-less vessel were interdicted and boarded by USCG law enforcement officers from Tactical Law Enforcement Team (TACLET) Pacific. That boarding yielded crucial evidence consistent with cocaine trafficking, including trace amounts of cocaine present on the smuggling vessel and Hinestroza-Newbbooll and his crew.

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Special Assistant United States Attorneys Nicholas DeRenzo and Toni Goodin.

Tampa, Florida – U.S. District Judge William F. Jung today sentenced Derraka Reed to three years and six months in federal prison for theft of government funds and access device fraud in connection with filing fraudulent tax returns. The court also ordered Reed to pay $128,740 in restitution to the IRS.

Reed had pleaded guilty on November 30, 2018.

According to court documents, between 2012 and 2014, Reed filed more than 100 fraudulent tax returns with the IRS, using dozens of stolen identities. Altogether, her fraudulent tax returns claimed more than $580,000 in tax refunds. Reed successfully obtained $128,740 in fraudulent tax refunds.

This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.

Ocala, Florida – Kwasi Francis (29, 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.

Francis had been indicted on July 10, 2019.

According to court documents, on May 7, 2019, local law enforcement arrested Francis on unrelated criminal charges. While he was being processed at the Marion County Jail, booking staff discovered that Francis had concealed a loaded 9mm firearm between the multiple pairs of pants that he was wearing. Francis, who has prior felony convictions for burglary and heroin distribution, is prohibited from possessing a firearm or ammunition under federal law.  

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

Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Ocala, FL – Stacey Lavette Hendricks (49, Leesburg) today pleaded guilty to aggravated identity theft and wire fraud. She faces a maximum penalty of 20 years in federal prison for the wire fraud offense, to be followed by a mandatory consecutive term of 2 years’ imprisonment for the identity theft offense. A sentencing date has not yet been set.

According to the plea agreement, Hendricks worked administrative jobs at several Florida medical clinics. She used these jobs to gain access to patient medical records to obtain patients’ birthdates and Social Security numbers. She then sold the stolen identities to others for cash, or used them herself to defraud businesses. In May 2019, Hendricks unwittingly sold stolen patient identities to an undercover law enforcement officer. When agents searched her home and car, they located 113 distinct sets of identities that had been stolen from clinic patients.

This case was investigated by the United States Secret Service. It is being prosecuted by Assistant United States Attorney William S. Hamilton.

A federal jury convicted a Florida man today of  corruptly obstructing the due administration of the internal revenue laws, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and United States Attorney Maria Chapa Lopez for the Middle District of Florida.

According to evidence presented at trial, since 1999 Dennis J. Nagle has refused to voluntarily pay federal income taxes. As a result, by 2014, he had an outstanding tax balance of more than $400,000. When the Internal Revenue Service (IRS) attempted to collect Nagle’s unpaid taxes by filing liens and levying his paychecks and pension, Nagle obstructed the IRS collection efforts. Nagle submitted false forms to his employer claiming he was exempt from federal tax withholding, attempted to pay off his tax debts with checks written on a closed bank account, and threatened to file criminal complaints against IRS collection officers. In total, Nagle sent the IRS at least 15 worthless payments, purportedly totaling more than $1.9 million dollars. 

U.S. District Judge Paul G. Byron ordered Nagle to be remanded to the custody of the Bureau of Prisons until his sentencing, which is scheduled for April 22, 2020. At sentencing, Nagle faces a statutory maximum penalty of three years in federal prison. He also faces a period of supervised release, restitution, and monetary penalties.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Chapa Lopez commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Karen Gable and Trial Attorney Lauren Archer of the Tax Division, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the arrest and filing of a complaint charging Michael Nelson Snyder (28, Tampa) with using a firearm during and in relation to the armed robbery of a jewelry store. If convicted, Snyder faces a maximum penalty of life in federal prison. 

According to the

complaint , Snyder committed armed robberies of two jewelry stores, a Zales in Hillsborough County on December 31, 2019, and a Helzberg Diamonds in Pasco County on January 19, 2020. During each of the robberies, Snyder stole more than $100,000 in jewelry.

On the evening January 27, 2020, during the execution of a search warrant on Snyder’s home and car, federal agents and deputies from the Hillsborough County Sheriff’s Office and the Pasco Sheriff’s Office recovered a firearm and clothing that matched the clothing worn during the robberies. Pursuant to another warrant, law enforcement officers obtained Snyder’s fingerprints, which matched a print recovered following the Zales robbery. 

This case is being prosecuted by Assistant United States Attorney Gregory T. Nolan. It is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pasco Sheriff’s Office, and the Hillsborough County Sheriff’s Office.

A criminal complaint is merely an allegation 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 brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. 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 – United States Attorney Maria Chapa Lopez announced today that the United States has filed a federal civil lawsuit against Surgical Care Affiliates, Inc., the Orlando Center for Outpatient Surgery, L.P., and Dr. Patrick T. Hunter, alleging that they falsely billed Medicare and TRICARE, over a seven-year period, for unnecessary kidney stone procedures, and engaged in an illegal kickback arrangement in which Dr. Hunter referred patients to the Orlando Center. The complaint alleges that Dr. Hunter violated the federal False Claims Act by performing lithotripsy procedures, which use shockwaves to destroy kidney stones, when there were no kidney stones present.  The complaint further alleges that SCA and the Orlando Center knew of Dr. Hunter’s unnecessary lithotripsy procedures, and continued to bill the facility component of Dr. Hunter’s procedures to the federal government.    

According to the government’s allegations, SCA and the Orlando Center engaged in multiple peer reviews indicating that Dr. Hunter told patients they had kidney stones when he had not identified any. Despite this, the government alleges, SCA and the Orlando Center continued to pay Dr. Hunter per procedure for each patient he referred to the Orlando Center. The payments were not commensurate with fair market value, resulting in payments of over $5 million for the use of two machines that were valued at less than $40,000. It is further alleged that SCA requested a fair market value analysis, which required an annual cap of less than $800,000 be paid to Dr. Hunter; and that SCA and the Orlando Center then paid Dr. Hunter over $1.3 million, well in excess of what had been required by the fair market value analysis. 

The United States’ complaint is filed in a whistleblower lawsuit originally filed in 2016, by Scott Thompson, SCA’s Director of Compliance when the allegations took place.  The lawsuit was filed under the qui tam provisions of the False Claims Act, which permits private parties to sue on behalf of the United States for false claims for government funds and to receive a share of any recovery.  The Act also allows the government to intervene or take over the lawsuit, as it has done in this case, and to recover treble damages plus civil penalties ranging from $5,500 to $11,000 for each false claim submitted by the defendants.

The United States filed a Suggestion of Death with its complaint, stating that Dr. Hunter died in 2019.  A motion filed by the government requests the substitution of the personal representative of Dr. Hunter’s estate as a defendant in the case. 

The claims asserted against SCA, the Orlando Center, and Dr. Hunter’s estate are allegations only, and there has been no determination of liability.

This case is being investigated by the Department of Justice, the U.S. Department of Health and Human Services – Office of Inspector General, and the Defense Criminal Investigative Service. It is being prosecuted by Assistant United States Attorney Jeremy Bloor.

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).

Fort Myers, FL – U.S. District Judge Thomas Barber has sentenced Augustin Dalusma to eight years and one month in federal prison for filing false claims and tax fraud. The court also ordered Dalusma to pay $2,170,538.77 to the IRS in restitution.

Dalusma was found guilty by a federal jury on November 1, 2019, after a week-long trial.

According to evidence presented at trial, between 2012 and 2015, Dalusma falsified information in tax returns for at least 630 of his clients, fraudulently qualifying them for thousands of dollars in tax refunds that they were not lawfully entitled to collect. Additionally, Dalusma falsified his own tax returns from 2012 through 2014, significantly underreporting his own income to evade more than $30,000 in personal income tax in each of those years.

This case was investigated by Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Simon R. Eth and Trial Attorney Eyitayo St. Matthew-Daniel of the Justice Department’s Antitrust Division.

Tampa, Florida – U.S. District Judge Charlene E. Honeywell today sentenced Shamon D. Heatly (37, St. Petersburg) to 12 years and 7 months in federal prison for selling cocaine. 

Heatly had pleaded guilty on October 28, 2019.

According to court documents, an undercover law enforcement officer met with Heatly, at which time Heatly directed the officer to get into his car. There, Heatly sold the officer cocaine. At the time of the offense, Heatly had been previously convicted of numerous narcotics offenses, including multiple counts of possession and delivery of cocaine.

This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.

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

Jacksonville, Florida – A federal jury has found Jimmy Ray Lightsey (39, Jacksonville) guilty of possessing a firearm in furtherance of a drug trafficking crime, possessing controlled substances with the intent to distribute, and possessing a firearm as a convicted felon. Lightsey, who qualifies as an Armed Career Criminal, faces a mandatory minimum sentence of 20 years, and up to life, in federal prison. His sentencing hearing is scheduled for July 27, 2020.

Lightsey had been indicted on November 15, 2018.

According to testimony presented at trial, on June 24, 2018, officers from the Jacksonville Sheriff’s Office arrested Lightsey for driving without a valid license. A 9mm pistol and a bag of marijuana were observed in plain view inside Lightsey’s car.  A search of the vehicle revealed additional marijuana, cocaine, crack cocaine, and empty baggies used for packaging narcotics. The pistol was later determined to have been stolen from a home in Jacksonville approximately two weeks earlier.   

At the time of the incident, Lightsey had multiple prior felony convictions, including for the sale or delivery of cocaine and attempted armed robbery with a weapon. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorneys David B. Mesrobian and Beatriz Gonzalez.

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 – Deannajo White (39, Suwannee County) has pleaded guilty to disaster assistance fraud. She faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States.

According to

court documents , on September 27, 2017, White made an application for disaster assistance benefits to FEMA over the internet. In the application, White claimed that her primary residence in Branford, Florida had suffered storm damage due to Hurricane Irma, when a tree fell through the roof, forcing her to leave the residence and begin living at a rental property in Branford. White subsequently contacted FEMA and stated that she had moved to a different rental property with a higher rent. White submitted multiple documents to FEMA in support of her application, including rent receipts, leases, and letters.

On August 13, 2019, law enforcement agents interviewed White about her disaster assistance application. During the interview, she repeatedly lied to the agents. When confronted with evidence showing that she had lied on the application, White admitted to making false statements. She also admitted to submitting multiple false documents to FEMA, including fraudulent rent receipts and leases. 

This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. It was investigated by the Department of Homeland Security - Office of Inspector General with assistance from Homeland Security Investigations, the Suwannee County Sheriff’s Office, and the Gilchrist County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to disaster@leo.gov. You may also visit www.justice.gov/usao-mdfl.

A currently imprisoned Florida businessman was sentenced to an additional 20 months in prison today for willfully omitting assets from a pre-sentencing financial disclosure form he provided to the Justice Department, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman and of the Justice Department’s Tax Division and U.S. Attorney Maria Chapa Lopez for the Middle District of Florida.

According to documents filed with the court, Casey Padula, 51, formerly of Port Charlotte, Florida, made the false statements on a financial disclosure statement he was required to submit to the government after pleading guilty to tax and bank fraud. On July 17, 2017, in the prior prosecution, Padula was sentenced to 57 months in prison on one count of conspiracy to defraud the United States and to commit bank fraud. Padula admitted he used offshore entities and accounts to commit the tax fraud and carried out the bank fraud by conducting a fraudulent short-sale transaction designed to reduce or eliminate his $1.5 million mortgage. As part of his plea agreement, Padula was required to provide a full and accurate financial disclosure statement to the government. Instead, Padula submitted a false financial disclosure statement in which he omitted numerous assets, including a boat valued at almost $340,000, at least $80,000 in cash, and a $90,000 Mercedes he had recently purchased for his daughter.

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Chapa Lopez thanked special agents of the Internal Revenue Service-Criminal Investigation, who conducted the investigation, and Assistant Chief Todd Ellinwood of the Tax Division, who is prosecuting the case.

Fort Myers, FL – United States Attorney Maria Chapa Lopez announces that Florida Academy has agreed to pay $512,500 to the United States to resolve allegations that it made misrepresentations to the United States Department of Veterans Affairs (VA) in order to maintain its eligibility to receive VA funding under the Post-9/11 GI Bill. 

Florida Academy, which is located in Fort Myers, Florida, is a for-profit provider of adult professional education programs in the beauty-and-wellness and skilled trades industries. Beginning in 2012, the VA provided financial assistance for veterans taking classes at Florida Academy as part of the Post-9/11 GI Bill. 

The Post-9/11 GI Bill is a VA educational benefit program for veterans who served on active duty after September 10, 2001. As part of that program, the VA provides tuition and fee payments directly to qualifying schools on behalf of eligible veterans. In order for a school to qualify for the program, it is required to certify to the VA that no more than 85% of the students for any particular course are receiving VA benefits. This requirement, commonly referred to as the “85-15% Rule,” is intended to prevent abuse of Post-9/11 GI Bill funding by ensuring that the VA is paying fair market value tuition rates since at least 15% of the enrolled students would be paying the same rate with private funds. Schools that receive GI Bill funding are required to certify their compliance with this rule and notify the VA in the event they are no longer in compliance.

According to the Settlement Agreement, the United States alleged that, from January 1, 2017, until January 1, 2018, Florida Academy received Post-9/11 GI Bill funding during a time when they knew, or reasonably should have known, that it did not qualify because almost all of the students who were enrolled in the Heating, Ventilation, and Air Conditioning (“HVAC”) Advanced Fundamentals class were veterans, whose tuition was paid for by the VA. The settlement resolves allegations that Florida Academy made misrepresentations to the VA regarding its compliance with the 85-15% Rule.

“The Post-9/11 GI Bill is crucial to providing educational opportunities to our veterans who served following the 9/11 attacks on our country,” said United States Attorney Maria Chapa Lopez. “Our office will continue to vigilantly protect the financial viability of programs designed to serve and honor our veterans.”

“As detailed in the civil settlement, Florida Academy’s actions took advantage of VA’s Post-9/11 education benefits program,” said David Spilker, Special Agent in Charge, VA Office of Inspector General. “VA OIG is committed to protecting and safeguarding the integrity of VA programs intended for the advancement and benefit of veterans." 

The investigation was handled by Assistant U.S. Attorney Kyle S. Cohen, with assistance from the VA-OIG.

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

 

Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced Ramon Christopher Blanchett to 34 months in federal prison for theft of government funds. The court also ordered Blanchett to forfeit $980,000, which is traceable to proceeds of the offense.

Blanchett had pleaded guilty on October 1, 2019.

According to court documents, on February 21, 2017, Blanchett electronically filed his 2016 Form 1040, U.S. Individual Income Tax Return, claiming (1) $18,497 in wage income, (2) a state and local income tax deduction of $47,357, and (3) an income tax withholding credit of $1 million. These figures were not accurate. Blanchett attached two Forms W-2 to his return, and one of them contained false and fraudulent information, including an inflated wage amount and inflated amount of tax withheld. Based upon this return, Blanchett falsely claimed that he was due a tax refund of $1 million, and requested that $20,000 of that amount be applied to his 2017 estimated tax. 

In April 2017, the IRS mailed a U.S. Treasury check for $980,000 to Blanchett at his residential address in Tampa. Blanchett deposited the check into an account at SunTrust Bank. SunTrust reported the transaction to the IRS, closed Blanchett’s accounts, and held the funds for the IRS.

Ultimately, in 2018, Blanchett received a new official check for $980,000 and deposited it into an account that he opened with Grow Financial Credit Union (GFCU) in Tampa, Florida. Blanchett told GFCU that the funds represented the proceeds of an inheritance he had received from his father’s estate. In fact, Blanchett had not received proceeds from an inheritance. Blanchett used some of the funds to purchase a 2016 Lexus RC350 for $51,617 at a Tampa dealership.

In August 2018, a federal magistrate judge authorized seizure warrants for Blanchett’s Lexus and the money in his GFCU account at the time. Both the vehicle and $919,421.87 were seized.

In April 2018, Blanchett electronically filed another false and fraudulent tax return – this time for tax year 2017 – claiming he was due a refund of $26,477.

In September 2018, Blanchett voluntarily appeared at the IRS office in Tampa, for an appointment that he had made with the Taxpayer Assistance Center. The center alerted IRS-Criminal Investigation agents, who told Blanchett that he was under criminal investigation regarding the $980,000 refund, which he had received. Notwithstanding communications from agents, Blanchett filed a third false and fraudulent income tax return in February 2019 for the 2018 tax year, claiming a refund of $465,734. 

With the exception of one Form W-2, Blanchett did not earn wages in the amounts claimed on the Forms W-2 attached to his tax returns. Moreover, he did not make enough wages to have any income tax withheld, and the amounts of tax withheld reported on his tax returns were false. In short, Blanchett knew he was not entitled to a tax refund for tax years 2016, 2017, or 2018.

This case was investigated by the Internal Revenue Service-Criminal Investigation. It was prosecuted by Assistant United States Attorney Rachelle DesVaux Bedke.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Michler Gabriel (38, Tampa) with being a convicted felon in possession of a firearm. If convicted, Gabriel faces a mandatory minimum sentence of 15 years, and up to life, in federal prison. The indictment also notifies Gabriel that the United States intends to forfeit the firearm and ammunition used in the offense.

According to the indictment, on September 26, 2019, Gabriel was found to be in possession of a firearm and several rounds of ammunition. Gabriel was previously convicted of 22 felonies, including drug and firearm offenses, child abuse, and forgery. As a previous convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

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

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Callan Albritton.

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

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of a superseding indictment charging Kermon Williams, a/k/a “The General” (42, St. Petersburg), James Higgs, Jr., a/k/a “Hammer” (40, St. Petersburg), and Jhaphre Higgs, a/k/a “Pre,” (35, St. Petersburg) in relation to the murders of Roger Lee Ford Jr. (42), and Tywan Jeremiah Armstrong (39), which occurred in St. Petersburg on January 21, 2019, on Martin Luther King, Jr. Observance Day. The superseding indictment also notifies the defendants that the United States intends to forfeit firearms and ammunition, which are alleged to be involved in certain charged offenses. Attached is a chart summarizing the charges and potential penalties relating to each defendant.

According to the superseding indictment, Williams asked Jhaphre and James Higgs, Jr. to kill Armstrong, who Williams saw as a threat to his drug business. Williams offered to pay them with drugs and money. The indictment alleges that the Higgses shot and attempted to kill Armstrong in September 2018, but Armstrong survived. Then on January 21, 2019, on Martin Luther King, Jr. Observance Day, the Higgses shot and killed Tywan Armstrong and Roger Ford, and injured a third victim. The indictment further alleges that both James and Jhaphre Higgs were convicted felons, who unlawfully possessed the firearms and ammunition used in the murders and that Jhpahre Higgs possessed additional firearms and ammunition on other dates.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Petersburg Police Department. Both agencies have offered a $10,000 reward for information leading to the conviction of the persons responsible for the homicides. This case will be prosecuted by Assistant United States Attorney Natalie Hirt Adams.

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

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that U.S. District Judge William F. Jung today sentenced Manuel Alfonso Munoz (48, Tampa) to 9 years and 3 months in federal prison for selling cocaine. 

Munoz had pleaded guilty on February 27, 2019.

According to court documents, Munoz sold cocaine to a confidential informant on six occasions. The total amount of cocaine sold by Munoz was over 400 grams.

This case was investigated by the Drug Enforcement Administration and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.

Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Marqui M. Newton (28, Tampa) to 3 years and 10 months in federal prison for being a felon in possession of a firearm. The court also ordered Newton to forfeit the firearm and ammunition used in the offense.

Newton had pleaded guilty on October 18, 2019.

According to court documents, Newton was a passenger in a vehicle that fled from officers during a traffic stop. After the car eventually came to a stop, Newton got out of the car and fled on foot behind a building. Officers in a police helicopter observed Newton drop something, and when officers on the ground went to investigate, they discovered a loaded gun with Newton’s fingerprints on it.

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

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

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

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Damian Sierra (41, Port St. Lucie) with possessing 500 grams or more of cocaine with the intent to distribute. If convicted, Sierra faces a mandatory minimum sentence of 5 years, up to 40 years, in federal prison. 

According to the indictment, on February 21, 2019, Sierra possessed 500 grams or more of cocaine with an intent to distribute it.

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

This case was investigated by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Callan Albritton.

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Zane C. Brassfield (25, Tampa) to two years and four months in federal prison for being a felon in possession of a firearm.         

Brassfield had pleaded guilty on October 22, 2019.

According to court documents, Brassfield brought a .50 caliber rifle to a gun store and attempted to sell the firearm to the licensed dealer. However, store employees declined to purchase the firearm from him. Upon leaving the store, Brassfield left the rifle by a trash can outside, where it was recovered. As a previous convicted felon, Brassfield is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Callan Albritton.

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 – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Deontres Javan Taylor (26, Jacksonville) with disaster assistance fraud related to Hurricane Irma. If convicted, Taylor faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States.

According to the indictment, in September 2017, when submitting an application for assistance to the Federal Emergency Management Agency’s (FEMA) Individuals and Households Program for Hurricane Irma, Taylor falsified records concerning his primary residence in Jacksonville.

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

This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. This case was investigated by the Department of Homeland Security - Office of Inspector General with assistance from Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to disaster@leo.gov. You may also visit www.justice.gov/usao-mdfl.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Bobby Morlen (54, Deltona) guilty of two counts of theft of government funds. Morlen faces a maximum penalty of 10 years in federal prison on each count. His sentencing hearing is scheduled for April 8, 2020.

Morlen had been indicted on September 11, 2019.

According to evidence presented at trial, Morlen’s mother was receiving benefits from the Social Security Administration (SSA) and the U.S. Department of Veterans Affairs (VA). She died on August 18, 2014. The death of Morlen’s mother was not reported to the SSA or the VA, and the agencies continued to make benefit payments into her bank account. Morlen was a joint account holder on the account into which his mother’s benefits were being deposited. He used the funds deposited by the SSA and the VA after her death for his own personal expenses.

The total loss the SSA and the VA in this case is approximately $140,670.

This case was investigated by the Social Security Administration Office of the Inspector General and the Department of Veterans Affairs Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Bernita Willette Carswell (36, Jacksonville) with disaster assistance fraud related to Hurricane Irma. If convicted, Carswell faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States. Carswell made her initial appearance in federal court on January 15, 2020. Her arraignment is set for January 22, 2020.

According to the indictment, in September 2017, when submitting an application for assistance to the Federal Emergency Management Agency’s (FEMA) Individuals and Households Program for Hurricane Irma, Carswell falsified records concerning damage to her primary residence and the need to move to a rental property in Jacksonville.

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

This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. This case was investigated by the Department of Homeland Security - Office of Inspector General with assistance from Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to disaster@leo.gov . You may also visit www.justice.gov/usao-mdfl.

Jacksonville, Florida – Jamarius Tillie (28, Jacksonville) today pleaded guilty to aiding and abetting the theft of firearms from federally licensed firearms dealers and conspiring to steal firearms from such dealers. He faces a maximum penalty of 10 years in federal prison for the theft charge and up to 5 years in federal prison for the conspiracy charge. A sentencing date has not yet been set.

According to the plea agreement, members of Tillie’s theft ring stole more than 10 firearms from at least 4 licensed firearms dealers in Jacksonville. While Tillie and others distracted the sales staff in these stores, another member of the ring would sneak behind the counters and steal firearms. Tillie kept some guns for himself, but sold the majority of them to a local drug dealer. For assisting Tillie, members of the theft ring were sometimes paid with crack cocaine. 

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 Michael J. Coolican.

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, FL – U.S. District Judge Marcia Morales Howard has sentenced six individuals in connection with a conspiracy to distribute marijuana and, with respect to four of the defendants, conspiracy to commit money laundering. Bao The Khuong (47, San Jose, CA) was sentenced to 5 years in federal prison, Hai Phi Tran (28, Jacksonville) was sentenced to 3 years in federal prison, Tantai Vo (30, Jacksonville) was sentenced to 26 months in federal prison, Phuc Nguyen Hoang (28, Jacksonville) was sentenced to 23 months in federal prison, Ray Thomas Balintucas (31, Jacksonville) was sentenced to 20 months in federal prison, and Hoi Nguyen (38, Orlando) was sentenced to 16 months in federal prison. Tantai Vo was also sentenced for the unlawful possession of a firearm and was ordered to forfeit his firearm and ammunition. In addition, Khuong was ordered to forfeit at least $1 million in proceeds, and Tran was ordered to forfeit assets of up to $500,000, all of which are traceable to proceeds of the offenses.  

All of the defendants had previously pleaded guilty.

According to court documents, beginning as early as April 2014, Khuong served as the source of supply for marijuana from California to Jacksonville. He received approximately $30,000 in marijuana proceeds from Tran, and Tran’s associates in Jacksonville, several times a week for at least 18 months. Hoang assisted Khuong and Tran in moving marijuana and marijuana proceeds between California and Jacksonville, and with packaging marijuana in California for shipment to Tran in Jacksonville. Khuong also supplied Vo with marijuana from California, which he sent to Vo in Jacksonville. Nguyen served as a secondary source of supply of marijuana to Vo. Vo sold at least 700 pounds of marijuana to Balintucas during the course of the conspiracy. At the time of Vo’s arrest, he was delivering 4 pounds of marijuana to Balintucas, and was carrying a loaded 9mm semi-automatic pistol.         

“This sentencing is another example of how strong law enforcement partnerships impacted both violence and drug trafficking in our continued efforts to protect the public,” said ATF Special Agent in Charge Daryl McCrary. “Being one of the cornerstones of our Project Safe Neighborhoods Initiative, our strong law enforcement partnerships continue to mitigate nefarious individuals from committing further acts of drug trafficking and violence in communities.”

“Dismantling this organization is a big win for the people of Northern Florida,” stated Special Agent in Charge Mary Hammond of IRS Criminal Investigation’s Tampa Field Office. “This case took drugs, guns, and dirty money off our streets and out of the hands of criminals. We take our commitment to fighting narcotics and related financial crimes seriously, and we will continue to work with our law enforcement partners to track down and prosecute offenders.”

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the U.S. Marshals Service, Homeland Security Investigations, and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorneys Kelly S. Karase and Bonnie Glober.

Tampa, Florida– U.S. District Judge Susan C. Bucklew has sentenced Lelia Vanessa Perdomo Zapata (26, Colombia, South America) to 15 years in federal prison for conspiracy to distribute and to possess with the intent to distribute five kilograms or more of cocaine while onboard a vessel subject to the jurisdiction of the United States, for possession with the intent to distribute five kilograms or more of cocaine on that vessel, and for perjury.

A federal jury had found Zapata guilty on September 3, 2019.

According to trial evidence, Zapata was the Colombian load guard for a Cartagena, Colombia-based cocaine smuggling crew and part of an international maritime drug smuggling operation involving at least 440 kilograms of cocaine, worth approximately $13 million. Prior to their interdiction by the U.S. Coast Guard (USCG), Zapata and one of her co-conspirators were transporting 18 bales of cocaine onboard a 60-foot sailing vessel from Cartagena to Cancun, Mexico. Ultimately, USCG law enforcement officers from Tactical Law Enforcement Team (TACLET) Pacific boarded the sailing vessel and discovered 18 bales of cocaine and multiple electronic devices consistent with cocaine trafficking. Subsequent analyses of these devices yielded crucial digital evidence of the cocaine smuggling operation.  

During trial, Zapata testified under oath for nearly seven hours and made numerous statements that were demonstrably false.

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Assistant United States Attorney Diego F. Novaes and Special Assistant United States Attorney Nicholas DeRenzo.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Deannajo White (39, Suwannee County) with disaster assistance fraud related to Hurricane Irma. If convicted, White faces a maximum penalty of 30 years in federal prison, plus payment of restitution to the United States.

According to the indictment, in September 2017, White falsified records concerning her primary residence when submitting an application for assistance to the Federal Emergency Management Agency’s (FEMA) Individuals and Households Program for Hurricane Irma.

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

This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. This case was investigated by the Department of Homeland Security - Office of Inspector General with assistance from Homeland Security Investigations, the Suwannee County Sheriff’s Office, and the Gilchrist County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to disaster@leo.gov . You may also visit www.justice.gov/usao-mdfl.

A Florida couple pleaded guilty yesterday in federal court to violating the Lacey Act for their role in trafficking protected wildlife, announced Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division.

In a plea agreement with the government, Novita Indah, 49, and Larry Malugin, 52, admitted to illegally importing wildlife from Indonesia to their Port Richey home and reselling the wildlife across the country and internationally.

A grand jury indicted the defendants in June 2019 on charges of conspiracy, smuggling, and Lacey Act violations. The defendants admitted that from Oct. 4, 2011, through Jan. 12, 2017, they imported and resold Southeast Asian wildlife in the forms of taxidermy mounts, bones, skins, belts and wallets. The wildlife species included slow loris, babirusa (a rare Indonesian pig prized for its distinctive curving tusks), leopard cat, macaque, lutung, langur, spitting cobra, krait snake, monitor lizard, barn owl and reticulated python. The defendants did not sell any live animals.

Indah and Malugin sold approximately 3,100 wildlife items using eBay to buyers across the United States and the world valued at a total of $211,212. They began trafficking while living in Indonesia and continued to do so as they moved to Puerto Rico and ultimately Florida in 2013. They smuggled the items to purchasers in the United States in packages falsely labeled to conceal their contents.

The U.S. Fish and Wildlife Service (USFWS) seized approximately 369 wildlife articles from the defendants’ home during a Jan. 12, 2017, search warrant. The agents recovered four spitting cobra mounts, one python mount, one krait snake mount, 156 assorted snakeskins, 99 monitor lizard skins, 87 snakeskin and lizard skin wallets, 20 belts with snake heads and a babirusa skull.

All of the wildlife was protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The United States, Indonesia, and approximately 181 other countries are signatories to CITES, which provides a mechanism for regulating international trade in species whose continued survival is threatened by trade. The Lacey Act is the nation’s oldest wildlife trafficking law and, among other things, prohibits selling wildlife that had been illegally brought into the country.

USFWS and U.S. Customs inspectors repeatedly seized packages shipped by Indah and Malugin, but they continued to sell wildlife using multiple eBay and PayPal accounts. This investigation was part of Operation Global Reach, a USFWS long-term taskforce into the flow of illegal wildlife from Indonesia to the United States.

Sentencing has not yet been scheduled. The defendants agreed to forfeit the wildlife seized from their house.

The USFWS Office of Law Enforcement in Redmond, Washington, led the investigation, with the aid of USFWS agents and inspectors in California and Florida and the support of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. Trial Attorneys Ryan Connors and Matthew Evans of the Environmental Crimes Section represent the government, with assistance from Assistant U.S. Attorney Kelley Howard-Allen of the Middle District of Florida.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Johnny Lee Thornton, Jr. (27, Fort Myers) to four years and seven months in federal prison for possessing a firearm as a convicted felon. The court also ordered him to forfeit the firearm used in the offense. Thornton had pleaded guilty on October 23, 2019.

According to court documents, on February 8, 2019, officers from the Fort Myers Police Department located a loaded firearm under a parked vehicle that Thornton had been standing near. Subsequent forensic analysis of the firearm linked it to Thornton. As a previously convicted felon, Thornton 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.

Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Mark Edward Zywotko (47, Cape Coral) to 60 days in federal prison, followed by 3 years of supervised release, for committing mail fraud in the perpetration of a fraudulent scheme to overharvest more than 50,000 pounds of Gulf reef fish from the waters off Southwest Florida. As part of his sentence, the court also ordered Zywotko to forfeit $286,260.74, representing the amount of proceeds he obtained as a result of the offenses, and to pay $291,884.69 in restitution to the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS).

Zywotko had pleaded guilty on August 2, 2019.

According to court documents, Zywotko was the captain of the Pine Island-based fishing vessel Little Z. From January 2013 through December 2017, Zywotko illegally overfished and sold at least 50,971 pounds of federally-regulated Gulf reef fish, including Red Grouper and Red Snapper, having a wholesale value of approximately $286,260.74. Zywotko then submitted false documents to state and federal agencies, including the NOAA’s NMFS, in order to conceal his overfishing.

“The prosecution of this case and the court's sentencing underscores the severity of this violation to our nation's marine resources and the businesses that depend on them,” said Tracy Dunn, Assistant Director, NOAA Office of Law Enforcement. “NOAA OLE will continue to pursue violations of the Individual Fishing Quota (IFQ) program and encourages the reporting of suspected IFQ violations to law enforcement.”

This case was investigated by National Oceanic and Atmospheric Administration National Marine Fisheries Service’s Office of Law Enforcement, Southeast Division and the Florida Fish and Wildlife Conservation Commission. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.

 

Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Andres Fernandez (38, Orlando) to 10 years in federal prison for wire fraud. As part of his sentence, the court also entered a money judgment of $14.98 million, representing the losses suffered by the victims of Fernandez’s fraud scheme.  Fernandez had pleaded guilty to 12 counts of wire fraud on August 6, 2019.

According to court documents, Fernandez orchestrated an investment scheme that defrauded at least 81 victims out of millions of dollars. Fernandez solicited individuals to invest in concert events that he claimed were being produced by his companies – Kadaae Entertainment Corporation and Kadaae LLC. He told his victims that their investment would be used to fund specific concert events for artists including Julio Iglesias, Pitbull, Nicky Jam, Garth Brooks, Ana Gabriel, and Drake, and promised a return of up to 100 percent on the investments. As part of the scheme, Fernandez used fake contracts and other false documents to convince victims that he and his companies were under contract to produce the events. In fact, neither Fernandez nor his companies were involved in most of the events he had solicited to his victims.  

Fernandez used the funds sent by investors for his own personal use and to pay fraudulent investment returns to earlier investors. 

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.