Middle District of Florida
Press releases recorded for this federal judicial district.
Orlando Pharmacy Agrees to Pay over $100,000 to Settle Controlled Substances Act ViolationsRead the Press Release
Orlando, FL – United States Attorney Maria Chapa Lopez announces today that Florida Discount Drugs, Inc., which operates as Taylor’s Pharmacy, has agreed to pay the United States $107,500 to resolve allegations that it violated the Controlled Substances Act by improperly distributing schedule III and IV drugs, and committing multiple recordkeeping violations. The settlement relates to a Drug Enforcement Administration (DEA) investigation of Taylor’s Pharmacy.
According to the settlement agreement, between February 15, 2012, and July 22, 2016, Taylor’s Pharmacy made 37 distributions of schedule III and schedule IV controlled substances, and an additional 31 distributions of controlled substances to two individuals not registered to receive those drugs. Then, on April 18, 2017, the DEA initiated an inspection of Taylor’s Pharmacy and determined that it had committed 18 recordkeeping violations of the Controlled Substances Act.
“Pharmacies have an obligation to ensure that controlled substances are properly tracked through the distribution chain,” said U.S. Attorney Maria Chapa Lopez. “This settlement highlights our commitment to enforcing the Controlled Substances Act and protecting our citizens.”
“The pharmaceutical industry has a vital role on the front lines of preventing drug misuse and abuse across America. This settlement demonstrates the important responsibilities all pharmacies have to prevent dangerous drugs from their intended misuse,” said Susan Langston, Diversion Program Manager, Miami Field Division. “This civil resolution reached today is just one example of DEA’s determination to combat the troubling prescription drug abuse problem in this country by pursuing pharmacies that fail to comply with the law. Our nation’s pharmacies must play a major role in the fight against pharmaceutical drug abuse, so that together we can protect public health and keep our communities safe.”
This settlement resulted from a coordinated effort by the Drug Enforcement Administration and the U.S. Attorney’s Office for the Middle District of Florida. It has handled by Assistant U.S. Attorney Jeremy R. Bloor.
The claims resolved by this settlement are allegations only. There has been no determination of liability.
Mexican National and Leader of Georgia-Based Drug Trafficking Organization Sentenced to 17 Years in Prison for Distributing Large Amounts of Methamphetamine in Central FloridaRead the Press Release
Orlando, Florida – U.S. District Judge Roy. B. Dalton, Jr. has sentenced Juan Alberto Flores-Jimenez (34, Tamaulipas, Mexico), a/k/a Juan Cantu, a/k/a Stoner, to 17 years in federal prison for conspiring to possess with the intent to distribute 50 grams or more of methamphetamine. Flores-Jimenez had pleaded guilty on February 7, 2019.
According to court documents, Flores-Jimenez, an alien residing illegally within the United States, was the leader of a drug-trafficking organization (DTO) distributing kilogram amounts of methamphetamine from Georgia to other DTOs located in central Florida. Between April 2017 and September 13, 2018, Flores-Jimenez was responsible for distributing at least 4.5 kilograms of methamphetamine in the Middle District of Florida.
Flores-Jimenez, a native and citizen of Mexico, was ordered removed/deported from the United States in 2014 and again in 2015. On September 13, 2018, law enforcement officers arrested Flores-Jimenez and charged him with illegal reentry into the United States after being previously removed. On January 2, 2019, Flores-Jimenez pleaded guilty to that charge. He was sentenced to 60 months’ imprisonment in the immigration case—that sentence is to run concurrently with the 17-year drug sentence.
This case was investigated by the FBI, the DEA, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Jacksonville Couple Sentenced to Prison for Possessing Firearms and A Destructive DeviceRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Robert Randall Deen (60, Jacksonville) and Shannon Jeanette Heller (42, Jacksonville) to three years and four months in federal prison, for possessing firearms while an unlawful user of a controlled substance (Deen), and possessing firearms as a convicted felon (Heller). Heller had pleaded guilty on January 24, 2019. Deen had pleaded guilty on March 12, 2019.
According to court documents, in late November 2018, Deen and Heller were residing in an apartment on Gate Parkway in Jacksonville. A confidential informant told an ATF agent that Deen had firearms to sell, including AR-type rifles. At the time, Deen had been referred to a felony drug court diversion program in Duval County following his arrest in October 2018 for possessing cocaine and a handgun.
On December 3 and 6, 2018, Heller, who was Deen’s long-time girlfriend, sold a total of three rifles and two pistols to the confidential informant, at Deen’s direction. At the time of the incident, Deen was a habitual drug user and Heller was a convicted felon. Therefore, both were prohibited from possessing firearms or ammunition under federal law.
On December 7, 2018, ATF executed a search warrant at the couple’s apartment and recovered two rifles, a pistol, a shotgun, and a flare launcher with bore adapters that converted it into a destructive device. Both Heller and Deen were arrested the same day. Heller admitted that she had traded two other firearms to drug dealers in order to settle drug debts.
This case was investigated by the Bureau of Alcohol Tobacco, Firearms, and Explosives. It was 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.
International Fugitive/Cuban National Extradited from Italy to Face Drug and Gun ChargesRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a 2017
indictment charging Nelson Pablo Yester-Garrido (62, Cuba) with conspiracy to distribute large amounts of high-grade marijuana and possessing a firearm in furtherance of that conspiracy. If convicted on all counts, Yester-Garrido faces a maximum penalty of life in federal prison.According to court documents, from the late 1980s through early 1997, Yester-Garrido was part of a group involved in importing kilogram amounts of cocaine and other narcotics into the United States, including by negotiating the purchase of a Russian diesel submarine for Colombian drug suppliers. According to law enforcement, around 1997, Yester-Garrido fled to South Africa to escape prosecution related to charges filed in the Southern District of Florida (which have since been dismissed).
In January 2015, the DEA began investigating Yester-Garrido and several other Florida-based individuals who were distributing large amounts of high-grade marijuana to individuals and groups in central Florida. In January 2017, an indictment was returned in the Middle District of Florida charging three of Yester-Garrido’s co-conspirators (Juan Almeida, Andrew Cassara, and Wade Jones, Jr.) with conspiracy to distribute marijuana. In 2018, Almeida, Cassara, and Jones were sentenced to varying terms of imprisonment.
In October 2017, a grand jury in the Middle District of Florida returned an indictment charging Yester-Garrido with conspiracy to possess with the intent to distribute marijuana and possessing a firearm in furtherance of a drug trafficking crime. Later that month, based upon a provisional arrest warrant requested by the U.S. government, Italian authorities apprehended Yester-Garrido at the Fiumicino Airport in Rome, Italy. In July 2019, the Italian judicial authorities and the Ministry of Justice, granted the request for the extradition of Yester Garrido to the Middle District of Florida.
“This is a great example of law enforcement and prosecutors from different countries working together to safeguard communities and have a global impact on crime,” said Marcus R. Anderson, Assistant Special Agent in Charge of DEA Miami Division, Orlando District Office.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Drug Enforcement Administration and the Federal Bureau of Investigation. The Office of International Affairs of the Criminal Division of the Department of Justice provided significant support with the defendant’s extradition. The U.S. Marshals Service also provided critical assistance by extraditing Yester-Garrido from Italy to the Middle District of Florida. This case will be prosecuted by Assistant United States Attorney Sean P. Shecter.
Palm Harbor Woman Sentenced to Five Years in Federal Prison for Receiving Child PornographyRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Vivienne Yvette Sellers (78, Palm Harbor) to five years in federal prison for receiving child pornography. The court also ordered Sellers to forfeit the electronic devices that she used in the commission of the offense.
Sellers had pleaded guilty on April 8, 2019.
According to court documents, Sellers used an internet-based mobile application to receive child pornography and discuss the sexual abuse of children. Between May 30 and June 17, 2017, Sellers used the app to communicate with another user whom she believed to be a nine-year-old boy, and she received images and videos of minors engaged in sexually explicit conduct.
Sellers admitted to law enforcement agents that she had used her cellphone to access the app and communicate with a child about sex. Sellers stated that she sent sexually explicit pictures of herself to the child and received sexually explicit photos from the child. Sellers further admitted that she wanted the child to come over to her house with his friend because it was her fantasy to have sex with two boys at the same time.
This case was investigated by the Federal Bureau of Investigation. It was being prosecuted by Assistant United States Attorney Lisa M. Thelwell.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orlando Woman Sentenced for Making and Using Falsified Documents in Passport ApplicationsRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Erika Margarita Cordova (41, Orlando) to 8 months in federal prison for making and using false documents in passport applications. She had pleaded guilty on March 21, 2019.
According to court documents, Cordova and her co-defendant, Manuel Domingo Santana, conspired to make a fraudulent document in support of a passport application for one of Cordova’s children. Because the child was a minor, Cordova was required to present a notarized form from the child’s father, confirming his consent to the passport application. Instead of obtaining a consent form from the father, Cordova and Santana made the form appear to have been signed by the father. Santana also recruited an unidentified individual to pose as the father before a notary, so that the form could be notarized before Cordova submitted it with her child’s passport application. Cordova then submitted that form in support of a passport application for her child, without actually having received permission from the child’s father. In total, Cordova made and used false documents in support of passport applications on three separate occasions, for two different children.
In addition, according to evidence presented at sentencing, Cordova tampered with a witness by urging the witness to destroy potential evidence and provide false information to law enforcement.
Santana pleaded guilty on March 21, 2019, and was sentenced to 15 months’ imprisonment on June 7, 2019.
This case was investigated by the U.S. Department of State, Diplomatic Security Service and the Department of Homeland Security’s Document and Benefit Fraud Task Force. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
North Port Man Sentenced for Conspiracy to Distribute Cocaine and Heroin, Firearm ViolationsRead the Press Release
Tampa, Florida –U.S. District Judge Susan Bucklew today sentenced Ashanti Roundtree (44, North Port) to 40 years in federal prison for conspiracy to distribute cocaine and heroin, possessing a firearm in furtherance of a drug trafficking offense, and possessing a firearm as a convicted felon. Due to his prior convictions for armed robbery and firearms and narcotics offenses, he qualified for an increased penalty as an Armed Career Criminal.
A federal jury found Roundtree guilty on April 4, 2019.
According to testimony presented at trial, from an unknown date through October 2014, and continuing through February 26, 2015, Roundtree directed the illegal narcotics distribution activities at a “trap house” located at 200 Granada Boulevard, in North Port, Florida. Roundtree supplied drugs to the residents of the house, who then sold the drugs to others on Roundtree’s behalf, purchased the drugs for their own use, or used them (with the promise of paying Roundtree later). Along with supplying the residents with heroin, cocaine, cocaine base, spice, marijuana, and a variety of prescription pills for sale or personal consumption, Roundtree supervised the sale of the drugs, including setting their price and the hours of sale. He also collected the proceeds from the various drug transactions and participated in drug transactions by either selling drugs directly to customers or giving the drugs in exchange for sexual favors.
During the illegal activities, Roundtree used violence, fear, and intimidation to maintain his position as leader of the conspiracy. While at the trap house, he commonly carried a firearm for protection. Additionally, co-conspirators and others witnessed Roundtree pistol-whip an individual with the gun, and point it at others. As a previously convicted felon, Roundtree is prohibited from possessing a firearm or ammunition under federal law.
On February 26, 2015, law enforcement executed a search warrant at the trap house and recovered a loaded firearm. Forensic testing confirmed Roundtree’s DNA on the firearm and ammunition magazine. Agents also recovered an assortment of controlled substances, including heroin, marijuana, cocaine, prescription pills and drug paraphernalia.
“This sentencing represents ATF’s expertise in firearms investigations and is an example of how our law enforcement partnerships solve these unnecessary crimes that negatively impact the lives of the citizens that reside in the neighborhoods,” said ATF Special Agent in Charge Daryl McCrary.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sarasota County Sheriff’s Office, and the North Port Police Department. It was prosecuted by Assistant United States Attorneys Michael C. Baggé-Hernández and Kaitlin R. O’Donnell.
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.
Bradenton Man Sentenced to 70 Years in Federal Prison for Producing Sex Abuse Video Series of A One-Year-Old Child for Dark Web ForumRead the Press Release
Tampa, FL – Chief U.S. District Judge Steven D. Merryday today sentenced James Lockhart (31, Bradenton) to the statutory maximum penalty of 70 years in federal prison for producing, distributing, and possessing child pornography.
Lockhart had pleaded guilty on March 26, 2019.
According to court documents, between March 2016 and February 2018, Lockhart produced a sexually violent four-video series of child sex abuse where he recorded himself having sex with a one-year-old child. He then distributed the videos on a dark web forum. In the videos, Lockhart displayed signs bearing the dark web forum’s name and his online moniker in order to gain notoriety in the forum and elsewhere. In addition to the dark web series, Lockhart created other sex abuse videos and images of the child. He also bragged of sexually abusing a second one-year-old child.
Lockhart also collected child pornography involving other victims. Following the execution of a search warrant at Lockhart’s residence, authorities seized devices containing 43 videos depicting child pornography and at least 4,000 images of child pornography. Lockhart’s child pornography collection included infants and sadomasochistic and violent conduct.
“This deviant committed the most horrible atrocities imaginable to a one-year-old child,” said HSI Tampa Assistant Special Agent in Charge Michael B. Cochran. “HSI’s national and international partnerships have helped ensure that this predator will never again harm a child.”
This case was investigated by the Department of Homeland Security, Homeland Security Investigations (Boston and Tampa), with assistance from the Queensland Police Service, Commonwealth of Australia. It was prosecuted by Assistant United States Attorney Frank Murray.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orlando Man Sentenced to Nine Years in Prison for Possessing A FirearmRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Morris Dewayne Carroll (45, Orlando) to nine years in federal prison for possessing a firearm as a convicted felon. Carroll had pleaded guilty on April 18, 2019.
According to court documents, on January 25, 2019, officers from Homeland Security Investigations and the Metropolitan Bureau of Investigation encountered Carroll at an Orlando-area hotel. Carroll was the subject of an outstanding felony arrest warrant. When officers executed the arrest, they found him in possession of a loaded, stolen handgun. Carroll’s criminal history includes convictions for sexual battery, failure to register as a sex offender, delivery of cocaine, unlawful discharging of a firearm, and domestic assault. As a previously convicted felon, Carroll is prohibited from possessing firearms or ammunition under federal law.
“HSI has formed a strong partnership with the Metropolitan Bureau of Investigation, and we have continued to leverage our authorities to keep our communities safe,” said HSI Orlando Assistant Special Agent in Charge David Pezzutti. “Bringing criminals to justice is a collective team effort by law enforcement.”
This case was investigated by United States Homeland Security Investigations and the Metropolitan Bureau of Investigation. It was prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of Principal Legal Advisor, ICE.
Substance Abuse Treatment Center Owner Pleads Guilty to $57 Million Money Laundering Conspiracy in Connection with Hospital Pass-Through Billing SchemeRead the Press Release
The owner of a Jacksonville, Florida-area substance abuse treatment center pleaded guilty today for his role in a $57 million money laundering conspiracy associated with a pass-through billing scheme involving laboratory testing services.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Rachel Rojas of the FBI’s Jacksonville Field Office, Deputy Assistant Inspector General Thomas W. South of the U.S. Office of Personnel Management-Office of Inspector General (OPM-OIG), Special Agent in Charge Rafiq Ahmad of the U.S. Department of Labor-Office of Inspector General (DOL-OIG) and Special Agent in Charge Basil P. Demczak of the Amtrak Office of Inspector General (Amtrak-OIG) made the announcement.
Kyle Ryan Marcotte, 36, of Jacksonville Beach, Florida, pleaded guilty before U.S. Magistrate Judge Joel Toomey of the Middle District of Florida to a one-count information charging him with conspiracy to commit money laundering. As part of his guilty plea, Marcotte agreed to a forfeiture judgment of $10,220,281.42. Sentencing before U.S. District Judge Timothy Corrigan of the Middle District of Florida has not yet been scheduled.
According to admissions made as part of his guilty plea, Marcotte was the owner of a substance abuse treatment facility in Jacksonville Beach, Florida. In approximately 2015, Marcotte entered into an arrangement with a laboratory owner to send urine samples for the facility’s patients to the owner’s lab for urine drug testing (UDT), in exchange for receiving 40 percent of the insurance reimbursements. The lab owner, in turn, arranged with the managers of Campbellton–Graceville Hospital (CGH) and Regional General Hospital Williston (RGH), rural hospitals in Florida, to have the testing billed to private insurers through CGH and RGH and reimbursed at favorable rates under the hospitals’ in-network contracts with insurers. Marcotte also admitted that he brokered deals with other substance abuse treatment centers to have their UDTs billed through CGH and RGH in exchange for Marcotte receiving 10 percent of the insurance reimbursements, while the other substance abuse facilities would receive 30 percent of the insurance reimbursements.
The lab owner subsequently acquired Chestatee Hospital, in Dahlonega, Georgia, and other rural hospitals. Marcotte admitted that he continued to supply samples from his substance abuse treatment facility and continued to broker deals with other substance abuse treatment centers to have UDTs tested at the lab and billed to insurers through Chestatee and the other hospitals, all in exchange for a percentage of the insurance reimbursements. The reimbursements were transmitted from the hospitals to the lab, which then transmitted them to two companies Marcotte controlled, North Florida Labs and KTL Labs using financial transactions and bank accounts that Marcotte had established to facilitate the payments. Marcotte arranged to transfer a portion of the reimbursements from KTL Labs as kickbacks to the individuals and companies that controlled the substance abuse treatment centers in order to further the fraudulent scheme. Marcotte also transferred a portion of the reimbursements to himself and to purchase real estate and items of real property, he admitted.
Marcotte caused $50 million in payments to be made from KTL Labs’ bank accounts to at least 88 companies and individuals associated with substance abuse treatment centers that supplied urine samples for testing. The total amount of money that was part of the money laundering scheme was $57.3 million, Marcotte admitted.
The case was investigated by the FBI, OPM-OIG, DOL-OIG and Amtrak OIG. Trial Attorneys Gary A. Winters and James V. Hayes of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tysen Duva of the Middle District of Florida are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Substance Abuse Treatment Center Owner Pleads Guilty to $57 Million Money Laundering Conspiracy in Connection with Hospital Pass-Through Billing SchemeRead the Press Release
Jacksonville, FL – The owner of a Jacksonville, Florida-area substance abuse treatment center pleaded guilty today for his role in a $57 million money laundering conspiracy associated with a pass-through billing scheme involving laboratory testing services.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Rachel Rojas of the FBI’s Jacksonville Field Office, Deputy Assistant Inspector General Thomas W. South of the U.S. Office of Personnel Management-Office of Inspector General (OPM-OIG), Special Agent in Charge Rafiq Ahmad of the U.S. Department of Labor-Office of Inspector General (DOL-OIG) and Special Agent in Charge Basil P. Demczak of the Amtrak Office of Inspector General (Amtrak-OIG) made the announcement.
Kyle Ryan Marcotte, 36, of Jacksonville Beach, Florida, pleaded guilty before U.S. Magistrate Judge Joel Toomey of the Middle District of Florida to a one-count information charging him with conspiracy to commit money laundering. As part of his guilty plea, Marcotte agreed to a forfeiture judgment of $10,220,281.42. Sentencing before U.S. District Judge Timothy Corrigan of the Middle District of Florida has not yet been scheduled.
According to admissions made as part of his guilty plea, Marcotte was the owner of a substance abuse treatment facility in Jacksonville Beach, Florida. In approximately 2015, Marcotte entered into an arrangement with a laboratory owner to send urine samples for the facility’s patients to the owner’s lab for urine drug testing (UDT), in exchange for receiving 40 percent of the insurance reimbursements. The lab owner, in turn, arranged with the managers of Campbellton–Graceville Hospital (CGH) and Regional General Hospital Williston (RGH), rural hospitals in Florida, to have the testing billed to private insurers through CGH and RGH and reimbursed at favorable rates under the hospitals’ in-network contracts with insurers. Marcotte also admitted that he brokered deals with other substance abuse treatment centers to have their UDTs billed through CGH and RGH in exchange for Marcotte receiving 10 percent of the insurance reimbursements, while the other substance abuse facilities would receive 30 percent of the insurance reimbursements.
The lab owner subsequently acquired Chestatee Hospital, in Dahlonega, Georgia, and other rural hospitals. Marcotte admitted that he continued to supply samples from his substance abuse treatment facility and continued to broker deals with other substance abuse treatment centers to have UDTs tested at the lab and billed to insurers through Chestatee and the other hospitals, all in exchange for a percentage of the insurance reimbursements. The reimbursements were transmitted from the hospitals to the lab, which then transmitted them to two companies Marcotte controlled, North Florida Labs and KTL Labs using financial transactions and bank accounts that Marcotte had established to facilitate the payments. Marcotte arranged to transfer a portion of the reimbursements from KTL Labs as kickbacks to the individuals and companies that controlled the substance abuse treatment centers in order to further the fraudulent scheme. Marcotte also transferred a portion of the reimbursements to himself and to purchase real estate and items of real property, he admitted.
Marcotte caused $50 million in payments to be made from KTL Labs’ bank accounts to at least 88 companies and individuals associated with substance abuse treatment centers that supplied urine samples for testing. The total amount of money that was part of the money laundering scheme was $57.3 million, Marcotte admitted.
The case was investigated by the FBI, OPM-OIG, DOL-OIG and Amtrak OIG. Trial Attorneys Gary A. Winters and James V. Hayes of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tysen Duva of the Middle District of Florida are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Former Clay County High School Teacher Sentenced to 11 Years in Federal Prison for Distributing Child Sex Abuse Video over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Christopher Shawn Potter (50, Jacksonville) to 11 years in federal prison for distributing child pornography. Potter was also ordered to serve a 20-year term of supervised release, and must pay $3,000 in restitution to a victim of his offense. Potter had pleaded guilty on April 8, 2019.
Potter worked as a teacher at Clay High School in Green Cove Springs from 2016 to 2017, and was a teacher at Orange Park High School from 1997 to 2004.
According to court documents, in February 2018, using the screen name “Mr. Fireball,” Potter engaged in online conversations with an undercover officer who was posing as a 14-year-old child. During these conversations, Potter discussed meeting the “child” for sex. Potter sent the “child” a video depicting a young child being sexually abused, and also sent a video of Potter performing a sexual act.
On September 20, 2018, HSI agents and other law enforcement officers executed a search warrant at Potter’s residence and seized several electronic devices. During an interview, Potter admitted sending child pornography and stated that he fantasizes about sexual acts with young girls. Potter’s smart phone contained 15 videos and 6 images depicting child pornography, as well as logs of online conversations on social media in which Potter discussed his sexual fantasies involving children.
“This child predator has worked in positions of trust and authority, so to get him off our streets and out of our local schools has made the community safer for everyone,” said HSI Tampa Special Agent in Charge James C. Spero. “This case is an example of HSI working with our local law enforcement partners to bring criminals to justice.”
This case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations, the Orange Park Police Department, the Putnam County Sheriff’s Office, the Clay County Sheriff’s Office, and the Palatka Police Department. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
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.
Jacksonville Man Pleads Guilty to Possessing Child Pornography of A Child in His CustodyRead the Press Release
Jacksonville, Florida – Lonnie Lawrence Mercer, Jr. (40, Jacksonville) has pleaded guilty to possession of child pornography. Mercer faces a maximum penalty of 20 years in federal prison, up to a life term of supervised release, and has agreed to pay restitution to the victim of his offense. A sentencing date has not yet been set.
According to the plea agreement, Mercer possessed images of child pornography on his cellphone depicting a 10-year-old child with her shorts and underwear pulled to the side, revealing her genitalia. The child’s mother told law enforcement that she discovered 8-10 explicit photos of her daughter’s genitalia on Mercer’s phone and confronted him, after which a physical altercation ensued.
The 10-year-old child reported that Mercer would always help her stretch and suggested that she occasionally noticed Mercer’s camera phone open while her legs were open and he helped her stretch. The child explained that Mercer would sometimes adjust her underwear to “cover [her] privates” while she was stretching. This case was investigated by Homeland Security Investigations and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Carjacker Who Shot Lakeland Police Officer Sentenced to 30 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Terrese Colston (29, Polk County) to 30 years in federal prison for carjacking, brandishing a firearm during and in relation to a crime of violence, and possessing a firearm and ammunition as a convicted felon. The sentence consists of 15 years’ imprisonment on the carjacking charge, 15 years’ imprisonment (consecutive) on the firearm brandishing charge, and 10 years’ imprisonment (concurrent) on the felon-in-possession charge.
According to court documents and evidence presented at sentencing, on July 11, 2018, the victim was in his parked car on East Lemon Street, Lakeland when Colston approached the driver’s side window, pointed a loaded revolver at the victim, and told him to get out of the car. The victim was in fear for his life and complied. Colston then got into the victim’s car and drove away. A few hours later, a Lakeland police officer spotted the stolen Mazda and attempted to pull it over. Colston crashed the car and fled on foot. When the officer finally caught up to Colston and attempted to stop him using a Tazer, Colston turned around and shot the officer in the face. The officer survived and returned fire, striking Colston in the leg. Other officers arrived and took Colston into custody.
United States Attorney Maria Chapa Lopez said, “My Office backs our men and women in blue. The prosecution of all violent crime, including against law enforcement officers, is a top priority for me.”
“This sentencing should send a strong message that violence against law enforcement who are working to serve and protect communities will not be tolerated,” said ATF Special Agent in Charge Daryl McCrary. “Our strong partnerships continue to reduce violent firearms crime and mitigate dangerous individuals from committing further acts of violence.”
Lakeland Police Chief Ruben Garcia said, “The members of the Lakeland Police Department are grateful to our federal law enforcement partners at the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office for the successful prosecution of this case and the incarceration of a violent felon to safeguard the citizens of our community.”
This case was brought in furtherance of the President’s February 9, 2017 Executive Order on Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers (EO). The EO established that it is the policy of the executive branch to enhance the protection and safety of federal, state, tribal, and local law enforcement officers, and thereby all Americans.
This case was also 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Lakeland Police Department. It was prosecuted by Assistant United States Attorney Christopher F. Murray.
Tampa Man Arrested for Attempted Trafficking of A MinorRead the Press Release
Tampa, Florida – U.S. Attorney Maria Chapa Lopez announces the arrest of Robert Ray Williams (62, Tampa) on a criminal complaint charging him with attempted human trafficking of a minor. If convicted, Williams faces a minimum mandatory sentence of 10 years, and up to life, in federal prison.
According to the complaint, on June 26, 2019, Williams texted a phone number listed in an online advertisement offering young females for sex. An undercover agent responded to Williams’s inquiry about the girls and offered Williams a 14 and a 15-year-old girl for commercial sex. Williams requested the 14-year-old. Williams was then instructed to meet at a location in Tampa the next day. On June 27, 2019, Williams arrived at the agreed upon location and paid an undercover agent $200 for sex with who he believed was a 14-year-old girl. He then proceeded into a trailer where he believed the child was waiting. Once inside the trailer, Williams was taken into custody.
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 investigated by the Department of Homeland Security’s Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Candace Rich.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Tampa Man Arrested and Charged in International Parental Kidnapping CaseRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the arrest of Ali Hussein Salamey (37, Tampa) for international parental kidnapping. If convicted, Salamey faces a maximum penalty of three years in federal prison. Salamey was arrested on a federal complaint on June 21, 2019, in Atlanta, Georgia as he exited an international flight.
According to the complaint, in July 2018, Salamey, who has joint citizenship in the United States and Lebanon, fraudulently obtained Lebanese citizenship and a passport for his then three-year-old son without the mother’s knowledge or consent and in violation of a family court order. Salamey obtained Lebanese citizenship and the passport for his child, who was born in and resided in Tampa, by providing the Lebanese consulate with a fraudulent family court document that had been altered by Salamey to show Salamey had sole parental responsibility and custody of the child.
On August 27, 2018, Salamey and the child left the United States and traveled to Lebanon in violation of a shared custody order. Once he arrived in Lebanon, Salamey denied the mother access to her child.
As a result of coordination between the FBI, U.S. diplomatic staff in Lebanon, and the Lebanese government, Salamey agreed on June 20, 2019, to return to the United States with the child. Salamey and the child flew from Lebanon through Paris to Atlanta, where Salamey was arrested by the FBI and the child was reunited with his mother.
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 Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Mandy Riedel.
Owner of Tampa-Area Medical Marketing Company Found Guilty in $2 Million Medicare Fraud SchemeRead the Press Release
Tampa, FL – A federal jury found the owner of a Tampa-area medical marketing company guilty today for his role in an over $2.2 million Medicare fraud scheme involving the payment of kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Michael McPherson of the FBI’s Tampa Field Office and Assistant Inspector General Shimon Richmond of the U.S. Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
Following a four-day trial, David Brock Lovelace, 49, of Land o’ Lakes, Florida, the owner of DBL Management LLC was found guilty of one count of conspiracy to pay health care kickbacks and one count of structuring currency transactions to avoid reporting requirements. Lovelace is expected to be sentenced on Oct. 2, 2019, by U.S. District Judge Susan C. Bucklew of the Middle District of Florida, who presided over the trial.
According to the evidence presented at trial, Lovelace was paid by Clinical Laboratory Company A for each DNA swab that Lovelace arranged to be referred to the laboratory. In order to obtain DNA swabs, Lovelace paid cash kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries. Lovelace directed the owners of the medical clinics to collect the DNA of all of the patients at the clinics, regardless of medical necessity.
In the first phase of the scheme, from November 2013 to May 2014, the evidence at trial showed that Lovelace paid these cash kickbacks directly. In the second phase of the scheme, from May 2014 to November 2014, after his arrest on other charges, Lovelace established shell companies, including Healthcare Marketing Florida of Melbourne, Florida, and conspired with nominee owners to facilitate the payment of kickbacks, receipt of fraud proceeds, and transfer of unlawfully obtained DNA samples for medically unnecessary testing. Over the course of the entire conspiracy, Clinical Laboratory Company A submitted over $2.2 million in genetic testing claims and paid Lovelace a percentage of the Medicare reimbursements that it received.
In order to conceal his payment of illegal cash kickbacks, the evidence at trial showed that Lovelace would travel to different ATM’s and bank branches throughout Southern Florida and make separate withdrawals of thousands of dollars in cash in order to avoid the filing of U.S. Department of Treasury “currency transaction reports” for an individual withdrawal of over $10,000.
Lovelace was previously found guilty by a jury in December 2015 of various health care fraud, money laundering and identity theft charges in a case handled by the Criminal Division’s Fraud Section. He is currently serving 14 years in prison.
The case was investigated by the FBI and HHS, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the U.S. Department of Justice, Criminal Division, Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. The case is being prosecuted by Trial Attorney John Michelich and Acting Assistant Chief Jacob Foster of the Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Orlando Man Sentenced to 15 Years in Federal Prison for RobberiesRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Adrian Gomez (20, Orlando) to 15 years in federal prison for committing armed robberies of a pizza delivery driver, a taxi cab driver, and a shoe salesman, and for brandishing and possessing firearms during crimes of violence. Gomez had pleaded guilty on March 27, 2019.
According to court documents, on September 11, 2018, Gomez robbed a Pizza Hut delivery driver at gunpoint, taking approximately $190 in cash, as well as a number of Pizza Hut products. On September 16, 2018, Gomez robbed a shoe salesman at gunpoint, taking from him several pair of shoes worth approximately $800. The following day, Gomez robbed a taxicab driver at gunpoint, taking the driver’s watch, wallet, iPhone X, and approximately $100 in cash.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
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.
Orange County Man Convicted of Bankruptcy FraudRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Christopher Coburn (34, Winter Garden) guilty of five counts of bankruptcy fraud and two counts of falsification of records in a bankruptcy proceeding. He faces a maximum penalty of 5 years’ imprisonment for each bankruptcy fraud count and up to 20 years in prison for each falsification of records count. His sentencing hearing has been scheduled for September 9, 2019.
According to testimony and evidence presented at trial, Coburn solicited homeowners whose mortgages were in default and offered to rescue their homes from foreclosure. In order to prevent the Federal National Mortgage Association (“Fannie Mae”) and multiple financial institutions holding mortgages from lawfully foreclosing on homeowners’ properties, Coburn engaged a bankruptcy fraud scheme in which he filed or caused to be filed fraudulent bankruptcy petitions in the name of the homeowner, without homeowner’s knowledge or consent, just prior to the scheduled foreclosure sale dates. These fraudulent bankruptcies invoked the automatic stay provision of the bankruptcy code, preventing Fannie Mae and the financial institutions from conducting lawful foreclosure sales and obtaining title to the property. The fraudulent bankruptcy petitions filed by Coburn enabled him to collect fees and allowed him to refer the properties to real estate agents in order to obtain ill-gotten commissions for short-sales. Coburn also filed other false and fraudulent bankruptcy forms in the names of some homeowners relied on by the Office of the United States Trustee and the United States Bankruptcy Court for the Middle District of Florida.
This case was investigated by the Federal Housing Finance Agency—Office of Inspector General, with substantial assistance from the Office of the United States Trustee for the Middle District of Florida. It is being prosecuted by Special Assistant United States Attorney Chris Poor.
Encompass Health Agrees to Pay $48 Million to Resolve False Claims Act Allegations Relating to its Inpatient Rehabilitation FacilitiesRead the Press Release
Encompass Health Corporation (formerly known as HealthSouth Corporation), the nation’s largest operator of inpatient rehabilitation facilities (IRFs), has agreed to pay $48 million to resolve allegations that some of its IRFs provided inaccurate information to Medicare to maintain their status as an IRF and to earn a higher rate of reimbursement, and that some admissions to its IRFs were not medically necessary.
“This settlement demonstrates our commitment to ensuring that those who participate in federal healthcare programs follow the rules,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Medicare and Medicaid providers who seek to profit inappropriately at the expense of taxpayers will be held accountable.”
Medicare and Medicaid use information about patients’ diagnoses to determine whether a facility is properly classified as an IRF, and to determine the level of reimbursement the facility is awarded for specific patients. The government alleged that beginning in 2007, in order to insure compliance with Medicare’s rules regarding classification as an IRF, and to increase Medicare reimbursement, some Encompass IRFs falsely diagnosed patients with what they referred to as “disuse myopathy” when there was no clinical evidence for this diagnosis. Additionally, Encompass IRFs allegedly admitted patients who were not eligible for admission to an IRF because they were too sick or disabled to participate in or benefit from intensive inpatient therapy.
“This important civil settlement concludes a lengthy, comprehensive investigation that brought to light a nationwide scheme that the government contends was intended to defraud our fragile public health programs,” said U.S. Attorney Maria Chapa Lopez. “In doing so, we confirm our commitment to civil health care fraud enforcement as a key component of the mission of our office.”
The settlements resolve allegations raised in three lawsuits filed by Dr. Emese Simon M.D., a former contract physician employed at an Encompass inpatient rehabilitation facility in Sarasota, Florida; Melissa Higgins the former Director of Therapy Operations at Encompass’s inpatient rehabilitation facility in Arlington, Texas; and Dr. Darius Clarke M.D. the former Medical Director at Encompass’s inpatient rehabilitation facility in Richmond, Virginia, and his company, Restorative Health & Wellness P.L.L.C. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. Here, the whistleblowers collective share of the settlement will be $12.4 million.
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the Unite States Attorney’s Office for the Middle District of Florida, and the U.S. Department of Health and Human Services Office of Inspector General.
The three cases are captioned United States ex rel. Simon, et al. v. HealthSouth Corp., et al.; Case No. 08-CV-236 (M.D. Fla.); United States ex rel. Higgins v. HealthSouth Corp.; Case No. 3:12 CV 2496 (N.D. Tex.); and United States ex rel. Clarke et al. v. HealthSouth Corp.; Case No. 1:12 CV 853 (E.D. Va.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Encompass Health Agrees to Pay $48 Million to Resolve False Claims Act Allegations Relating to Its Inpatient Rehabilitation FacilitiesRead the Press Release
WASHINGTON – Encompass Health Corporation (formerly known as HealthSouth Corporation), the nation’s largest operator of inpatient rehabilitation facilities (IRFs), has agreed to pay $48 million to resolve allegations that some of its IRFs provided inaccurate information to Medicare to maintain their status as an IRF and to earn a higher rate of reimbursement, and that some admissions to its IRFs were not medically necessary.
“This settlement demonstrates our commitment to ensuring that those who participate in federal healthcare programs follow the rules,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Medicare and Medicaid providers who seek to profit inappropriately at the expense of taxpayers will be held accountable.”
Medicare and Medicaid use information about patients’ diagnoses to determine whether a facility is properly classified as an IRF, and to determine the level of reimbursement the facility is awarded for specific patients. The government alleged that beginning in 2007, in order to insure compliance with Medicare’s rules regarding classification as an IRF, and to increase Medicare reimbursement, some Encompass IRFs falsely diagnosed patients with what they referred to as “disuse myopathy” when there was no clinical evidence for this diagnosis. Additionally, Encompass IRFs allegedly admitted patients who were not eligible for admission to an IRF because they were too sick or disabled to participate in or benefit from intensive inpatient therapy.
“This important civil settlement concludes a lengthy, comprehensive investigation that brought to light a nationwide scheme that the government contends was intended to defraud our fragile public health programs,” said U.S. Attorney Maria Chapa Lopez. “In doing so, we confirm our commitment to civil health care fraud enforcement as a key component of the mission of our office.”
The settlements resolve allegations raised in three lawsuits filed by Dr. Emese Simon M.D., a former contract physician employed at an Encompass inpatient rehabilitation facility in Sarasota, Florida; Melissa Higgins the former Director of Therapy Operations at Encompass’s inpatient rehabilitation facility in Arlington, Texas; and Dr. Darius Clarke M.D. the former Medical Director at Encompass’s inpatient rehabilitation facility in Richmond, Virginia, and his company, Restorative Health & Wellness P.L.L.C. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. Here, the whistleblowers collective share of the settlement will be $12.4 million.
The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the Unite States Attorney’s Office for the Middle District of Florida, and the U.S. Department of Health and Human Services Office of Inspector General. In the Middle District of Florida, the case was handled by Assistant United States Attorney Sean O'Keefe.
The three cases are captioned United States ex rel. Simon, et al. v. HealthSouth Corp., et al.; Case No. 08-CV-236 (M.D. Fla.); United States ex rel. Higgins v. HealthSouth Corp.; Case No. 3:12 CV 2496 (N.D. Tex.); and United States ex rel. Clarke et al. v. HealthSouth Corp.; Case No. 1:12 CV 853 (E.D. Va.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Atlantic Beach Man Pleads Guilty to Failing to Register as A Convicted Sex OffenderRead the Press Release
Jacksonville, Florida – Jimmie Dwight Whitfield (43, Atlantic Beach) has pleaded guilty to failing to register as a sex offender after absconding from Georgia and establishing residence in Florida. He faces up to 10 years in federal prison and a $250,000 fine. His sentencing hearing is scheduled for October 1, 2019.
According to court documents, in 1995, Whitfield was convicted of committing a sex offense against a child in Jacksonville. In 2006, he was convicted of two sex offenses in Valdosta, Georgia. Following his release from prison, Whitfield resided at a motel in Valdosta while serving a term of supervised probation. In March 2018, he cut off his ankle monitor, fled to Florida, and established a residence in Atlantic Beach. Whitfield failed to register as a sex offender in Florida as required by federal and state law. On October 25, 2018, he was arrested at his home in Atlantic Beach for violating his probation. During an interview, Whitfield admitted that he had he cut off his ankle monitor and that he knew he was not allowed to leave Georgia without permission.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the United States Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders.
This case was investigated by the United States Marshals Service, the Lowndes County (Georgia) Sheriff’s Office, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
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.
Suntrust Bank Employee Sentenced for Stealing Nearly $172,000 from A Bank CustomerRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Reginald Green II (36, Orlando) to 23 months in federal prison for theft and embezzlement of client funds by a bank employee. A jury had found Green guilty on December 6, 2018.
According to testimony and evidence presented at trial, between 2011 and 2018, Green, a SunTrust Bank employee, stole more than $171,000 from a bank customer. Green withdrew more funds then the bank client had authorized, he then directed the extra funds into several different bank accounts that he controlled. At different times during the scheme, Green took the stolen funds to pay down his own mortgage and auto loans. Upon discovering the theft, in April 2018, SunTrust immediately fired Green and reimbursed the bank customer for the stolen funds.
This case was investigated by the United States Postal Inspection Service and the United States Secret Service. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Sorrento Woman Sentenced to More Than Nine Years in Federal Prison for Credit Card and Identity Theft Scheme Resulting in over $812,000 in LossesRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Shannon Bentley (33, Sorrento) to nine years and three months in federal prison for credit card fraud and aggravated identity theft. The court also ordered restitution to be paid by the co-defendants, to the victims, in the amount of $812,990.53.
Bentley had pleaded guilty on January 22, 2019.
According to court documents and evidence presented at the hearing, from August 2014 through July 2018, Bentley obtained personal identifying information (“PII”) from victims, obtained fake credit card accounts and cards in the victims’ names or linked to their accounts, and used those credit cards to obtain goods, gift cards and cash at retail establishments and banks throughout Orlando and surrounding areas. Bentley was the leader of a broad group of conspirators that used sophisticated means to facilitate this fraud, and exploited the advanced age of their elderly victims to steal their identity, causing them to incur exorbitant fraudulent charges. The total amount of loss as a result of the scheme was estimated to be over $812,000, involving the compromise of hundreds of credit card accounts.
Co-conspirators Lenardra Griffin (30, Grand Island) and Christina Scott (35, Umatilla) have also pleaded guilty in connection with this scheme. They are scheduled to be sentenced in September 2019.
This case was investigated by the United States Postal Inspection Service and the Florida Department of Law Enforcement, with assistance from the Orange Count Sherriff’s Office and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Dana E. Hill.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness.
Owner of Tampa-Area Medical Marketing Company Found Guilty in $2 Million Medicare Fraud SchemeRead the Press Release
A federal jury found the owner of a Tampa, Florida-area medical marketing company guilty today for his role in an over $2.2 million Medicare fraud scheme involving the payment of kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Michael McPherson of the FBI’s Tampa Field Office and Assistant Inspector General Shimon Richmond of the U.S. Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
Following a four-day trial, David Brock Lovelace, 49, of Land o’ Lakes, Florida, the owner of DBL Management LLC was found guilty of one count of conspiracy to pay health care kickbacks and one count of structuring currency transactions to avoid reporting requirements. Lovelace is expected to be sentenced on Oct. 2, 2019, by U.S. District Judge Susan C. Bucklew of the Middle District of Florida, who presided over the trial..
According to the evidence presented at trial, Lovelace was paid by Clinical Laboratory Company A for each DNA swab that Lovelace arranged to be referred to the laboratory. In order to obtain DNA swabs, Lovelace paid cash kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries. Lovelace directed the owners of the medical clinics to collect the DNA of all of the patients at the clinics, regardless of medical necessity.
In the first phase of the scheme, from November 2013 to May 2014, the evidence at trial showed that Lovelace paid these cash kickbacks directly. In the second phase of the scheme, from May 2014 to November 2014, after his arrest on other charges, Lovelace established shell companies, including Healthcare Marketing Florida of Melbourne, Florida, and conspired with nominee owners to facilitate the payment of kickbacks, receipt of fraud proceeds, and transfer of unlawfully obtained DNA samples for medically unnecessary testing. Over the course of the entire conspiracy, Clinical Laboratory Company A submitted over $2.2 million in genetic testing claims and paid Lovelace a percentage of the Medicare reimbursements that it received.
In order to conceal his payment of illegal cash kickbacks, the evidence at trial showed that Lovelace would travel to different ATM’s and bank branches throughout Southern Florida and make separate withdrawals of thousands of dollars in cash in order to avoid the filing of U.S. Department of Treasury “currency transaction reports” for an individual withdrawal of over $10,000.
Lovelace was previously found guilty by a jury in December 2015 of various health care fraud, money laundering and identity theft charges in a case handled by the Criminal Division’s Fraud Section. He is currently serving 14 years in prison.
The case was investigated by the FBI and HHS, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the U.S. Department of Justice, Criminal Division, Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. The case is being prosecuted by Trial Attorney John Michelich and Acting Assistant Chief Jacob Foster of the Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Jacksonville Man Indicted for Federal Firearm and Drug ViolationsRead the Press Release
Jacksonville, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Cornelius Michael Turner (32, Jacksonville) with possessing a firearm as a convicted felon, possession with the intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Turner faces a mandatory minimum penalty of 20 years, and up to life, in federal prison.
According to court documents, during a traffic stop conducted by the Jacksonville Sheriff’s Office, officers observed Turner in his vehicle stuffing things down his pants. During a subsequent pat down, a loaded firearm and cocaine were recovered from Turner’s pants. At the time, Turner had multiple prior felony drug convictions and was therefore 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 Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Ashley Washington and Kelly Karase.
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.
Former Emergency Medical Technician Sentenced to 19 Years for Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Bryan Matthew Cooney (30, Casselberry) to 19 years in federal prison, to be followed by 30 years of supervised release, for possession of child pornography. The court also ordered Cooney to forfeit a cellphone, which was used in furtherance of the commission of the offense.
According to court records, from September 19 through September 27, 2018, Cooney chatted with an FBI undercover agent (UC) though a social media application about sexually exploiting a 12-year-old girl, who Cooney alleged was his daughter. During the chats, Cooney shared clothed images of the child with the UC and alleged to have had sexually abused and produced images of the girl engaged in sexually explicit conduct.
On October 30, 2018, FBI agents executed a search warrant at Cooney’s residence and interviewed him. Cooney admitted that he was the person chatting with the UC about sexually exploiting a 12-year-old child, who was actually his friend’s daughter. Cooney indicated that he obtained images of the girl from his friend’s Facebook page and shared them with the UC during chats. Cooney said that he had been viewing child pornography for the past four of five years and gave the agents access to his Dropbox account, where they found hundreds of videos and numerous images of child pornography. The images depict bestiality and other acts of sadistic conduct against children between the ages of 4 and 10.
Additionally, in a subfolder, Cooney had images of his Facebook friend’s daughters. Cooney had posted some of those images on a social media application while pretending that one of the children was his alleged 12-year-old daughter. Cooney did this in an effort to obtain images of child pornography from other online users. The subfolder was identified with the child’s real name.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Retired Navy Service Member Sentenced to Twenty Years for Attempted Enticement of Minors to Engage in Sexual Activity and Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Charles S. Leis (48, Tampa) to 20 years in federal prison, to be followed by 25 years of supervised release, for attempted enticement of minors to engage in sexual activity and for possessing child pornography. The court also ordered Leis to pay $16,500 in restitution and to forfeit a laptop and a hard drive, which were used in furtherance of the commission of the offenses. Leis had pleaded guilty on March 26, 2019.
According to the plea agreement, on October 24, 2018, an FBI special agent in Orange County, Florida initiated an undercover investigation within an online chat group that alluded to “family fun.” Leis joined the chat group and initiated conversations with the undercover agent, who identified himself as the father of two girls, ages 9 and 11. During the span of several days, Leis solicited sex from the minors. In that process, Leis distributed images of child pornography to the “father” in an effort to prove that he was “real” about his intent to engage the “girls” in sexual activity. Leis made plans to meet the “girls” in Tampa on November 2, 2018. However, on that date, the agent could not locate Leis at the agreed upon location.
Further investigation revealed that around the same time (October 2018), Leis had been in contact with another FBI agent through another chat group. That undercover agent was acting as the father of 6 and 7-year-old girls. Leis also distributed child pornography to that agent and requested to have sexual intercourse with his “children.”
On November 29, 2018, FBI agents executed a search warrant at Leis’s home in Tampa and seized his computer. The computer had depictions of girls between 3 and 10 years of age engaged in sexually explicit conduct.
This case was investigated by the Federal Bureau of Investigation and the Naval Criminal Investigative Service. It was prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda and Francis D. Murray.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Illegal Alien Sentenced to 35 Months in Federal Prison for Unlawful Possession of A FirearmRead the Press Release
Ocala, Florida – Senior U.S. District Judge John Antoon II today sentenced Trinidad Flores-Navarro (43, Mexico) to 2 years and 11 months in federal prison for possessing a firearm as an illegal alien. The court also ordered Flores-Navarro to forfeit a handgun and ammunition. Flores-Navarro had pleaded guilty on March 25, 2019.
According to evidence presented in court, on January 10, 2019, Florida Highway Patrol troopers conducted a traffic stop on an automobile in Sumter County. The passenger, Flores-Navarro, had an ammunition magazine in his pocket. A subsequent search of the vehicle’s center console revealed a loaded 9mm handgun with an additional ammunition magazine. Flores-Navarro, an illegal alien from Mexico, admitted that the firearm belonged to him. He also told the troopers that he had illegally re-entered the United States in 2017, following a federal conviction for cocaine distribution.
This case was investigated by U.S. Customs and Border Protection and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorneys Michael P. Felicetta and Robert E. Bodnar, Jr.
Husband and Wife Sentenced to Prison in Compounding Healthcare Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Edward Leonard Wells, Jr. (34, North Carolina) to two years and eight months in federal prison for conspiracy to commit healthcare fraud and aggravated identity theft. On April 18, 2019, Wells’s estranged wife, Alcira Mercedes Wells (34, Connecticut), was sentenced to 18 months in federal prison for conspiracy to commit healthcare fraud. The court also entered a money judgment of $32,747.93, the proceeds of the healthcare fraud conspiracy. Alcira Wells and Edward Wells had pleaded guilty in January 2019.
According to court documents, starting in September 2014 and continuing through February 2015, Alcira Mercedes Wells was a marketing representative for Centurion Compounding, Inc. As such, she earned and was promised commissions for each paid claim resulting from compounded creams marketed by Centurion and prescribed to a health care plan beneficiary recruited by Alcira Wells or other marketing representatives working for her.
Centurion was a marketing firm located in Pasco County that employed representatives to market compounded medications, specifically creams for pain and scars, among others, to beneficiaries of health care benefit programs, particularly TRICARE. These creams ranged in price from approximately $900 to $21,000 for a one-month supply. Centurion paid its marketing representatives a percentage of each paid claim, which ranged from 15-30% of the total claim amount.
Edward Leonard Wells, Jr. was married to Alcira Wells and worked as a Staff Sergeant in the United States Army stationed at Ft. Bragg in North Carolina.
Alcira and Edward Wells conspired to photocopy or otherwise duplicate a doctor’s signature, name, address, NPI number, and DEA number from an authorized prescription for these compounded creams onto scores of forged prescription forms in order to make claims for Centurion marketed creams for TRICARE beneficiaries whom the doctor never saw. This includes claims for prescription compounded creams for the Wells’s own family members, such as their three minor children. Alcira and Edward Wells then submitted and caused to be submitted dozens of fake and fraudulent prescriptions for Centurion-marketed compounded medications for U.S. Army personnel stationed at Ft. Bragg. The purported prescriber of these prescriptions never wrote, authorized, or knew about them.
Edward Wells recruited personnel stationed with him at Ft. Bragg, most of whom were subordinate in rank to him, and paid and offered to pay these TRICARE beneficiaries to obtain the compounded creams.
Alcira and Edward Wells caused TRICARE to be billed at least $1.24 million and TRICARE paid more than $1 million as a result of false and fraudulent claims submitted and caused to be submitted by them during the conspiracy.
This case was investigated by the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services - Office of Inspector General, the Federal Bureau of Investigation, the U.S. Army Criminal Investigation Command, and the Naval Criminal Investigative Service. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Federal Jury Convicts Winter Springs Woman of Theft of Government Funds and Making A False Statement to the Social Security AdministrationRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Jaimi Hawkins (51, Winter Springs) guilty of theft of government funds and making a false statement to a federal agency. Hawkins faces a maximum penalty of 10 years in federal prison for the theft offense and up to 5 years’ imprisonment for the false statement offense. Her sentencing hearing is scheduled for September 2, 2019.
Hawkins was indicted on February 13, 2019.
According to evidence presented at trial, Hawkins made omissions and misrepresentations regarding her son’s living arrangements on an application for Supplemental Security Income. She also made misrepresentations and omissions regarding her son’s living arrangements during a subsequent benefit review interview. Hawkins knew that her son’s true living arrangements would have made him ineligible for benefits. As a result of the omissions and misrepresentations, Hawkins obtained $30,705 in Supplemental Security Income benefits to which she was not entitled.
Hawkins also made false statements to the Social Security Administration regarding how she spent the Supplemental Security Income benefits received on behalf of her son.
This case was investigated by the Social Security Administration, Office of the Inspector General. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler and Assistant United States Attorney Emily Chang.
Sarasota Armed Career Criminal Sentenced to 15 Years for Possessing Firearms and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Tyrone Yancey (49, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Yancey to forfeit the firearms and ammunition. Yancey had pleaded guilty on March 27, 2019.
According to court documents, on August 21, 2018, the Sarasota Police Department, assisted by the Bureau of Alcohol, Firearms and Explosives, executed a search warrant at Yancey’s home. Inside, officers found two pistols, 50 rounds of ammunition, and various controlled substances, including cocaine base. Yancey admitted that the firearms, ammunition, and controlled substances belonged to him. Yancey, who had previously been convicted of multiple felonies, was prohibited from possessing a firearm or ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.
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.
Orlando Man Sentenced to More Than 26 Years in Federal Prison for Walmart RobberiesRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Catrell Ivory (28, Orlando) to 26 years and 7 months in federal prison for committing armed robberies at two Orlando Walmart stores, attempting to commit an armed robbery at a third Walmart store, and brandishing and possessing firearms during crimes of violence.
Ivory was found guilty on January 30, 2019, following a jury trial.
According to court documents and evidence presented at trial, shortly after midnight on June 2, 2017, Ivory and his accomplices robbed the Walmart Neighborhood Market located at 5559 Clarcona Ocoee Road in Orlando. One of the robbers fired a shot in the direction of a store employee. On July 31, 2017, at approximately 3 a.m., Ivory and his accomplices robbed the Walmart Neighborhood Market located at 2715 South Orange Avenue in Orlando. During the robberies, Ivory and his accomplices forced store employees into the cash room at gunpoint and stole cash from the safe while holding customers and employees at gunpoint at the front of the store. On August 10, 2017, at approximately 6 a.m., Ivory and his accomplices attempted to rob a third Walmart Neighborhood Market located at 8801 Conroy Windermere Road in Orlando, but they were unable to get into the cash office.
During each incident, Ivory and his accomplices carried and brandished firearms and wore masks and gloves to conceal their identities. In total, Ivory and his accomplices stole more than $98,000.
This case was investigated by the Federal Bureau of Investigation, the Orange County Sheriff’s Office, the Osceola County Sheriff’s Office, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Inmate-Gang Member Pleads Guilty to Using the Mail to Threaten to Kill Federal Prosecutor and the Prosecutor’s FamilyRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Dylan Ray Langley (24, Fort Myers) has pleaded guilty to use the U.S. Mail to threaten to injure an officer of the United States. Langley faces a maximum penalty of 10 years in federal prison.
According to court documents, while serving a state prison sentence for armed robbery, Langley mailed a letter to an Assistant United States Attorney. In his letter, Langley threatened to kill the prosecutor as revenge for his having prosecuted Langley’s “brother.” He also made serious threats against the prosecutor’s family. When interviewed by federal agents, Langley admitted that he had sent the letter and intended to carry out his threats. He explained that the letter’s mention of a “brother” did not refer to any biological brother, but rather a fellow gang member. Langley changed his story after an agent told him that if a state prisoner commits, and is convicted of, a federal crime, then the prisoner must serve his state sentence and then the federal sentence. During a second interview with agents, Langley claimed that he never intended to carry out the threat and mistakenly had believed that threatening a federal official would result in him being moved from state custody into federal custody.
This case was investigated by Federal Bureau of Investigation, the U.S. Marshals Service, and the Florida Department of Corrections. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
Illegal Alien Sentenced to Five Years in Federal Prison for Unlawfully Re-Entering the United StatesRead the Press Release
Ocala, Florida – Senior U.S. District Judge James D. Whittemore today sentenced Juan Paulin-Leon (36, Mexico) to five years in federal prison for illegal re-entry into the United States by a previously deported alien. Paulin-Leon had pleaded guilty on March 6, 2019.
According to evidence presented in court, on January 27, 2019, the Marion County Sheriff’s Office arrested Paulin-Leon on a state criminal charge of operating a motor vehicle without a valid license. Following his arrest, the jail’s booking system automatically forwarded Paulin-Leon’s personal identifying information to officials with U.S. Immigration and Customs Enforcement (ICE), who confirmed through fingerprints and photographs that Paulin-Leon was illegally present in the United States from Mexico.
Paulin-Leon had previously been deported from the United States on two occasions—February 11, 2005 and January 4, 2013. He also had prior felony convictions for burglary (2001) and trafficking in drugs (2011).
This case was investigated by Enforcement and Removal Operations (Orlando), a component of ICE, and the Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Florida Man Sentenced to 20 Years for Receipt of Child PornographyRead the Press Release
Orlando, FL –U.S. District Judge Paul G. Byron has sentenced Randy Dale Land (58, Orlando) to 20 years in federal prison for receipt of child pornography. Land had pleaded guilty on March 28, 2019.
According to court documents, on January 4, 2019, Land requested pictures of an undercover FBI agent’s notional nine-year-old daughter. As their conversation continued, Land sent the undercover agent three videos of child pornography. Federal agents executed a search warrant at Land’s home and obtained his electronic devices. A forensic review of the devices revealed that Land had received images of child pornography through a chat application and that he possessed approximately 111 videos and 246 images of child pornography.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Alejandro J. Salicrup.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Deputy Attorney General Recognizes Middle District of Florida EmployeeRead the Press Release
WASHINGTON – Public Affairs Officer William Daniels of the U.S. Attorney’s Office in the Middle District of Florida was one of 172 members of the Department of Justice recognized by Deputy Attorney General Jeffrey Rosen, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 35th Director’s Awards Ceremony today in Washington D.C.
The Middle District of Florida was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In his prepared remarks, Deputy Attorney General Jeffrey Rosen addressed the recipients and guests, saying, “Today’s honorees have earned the esteem of their colleagues. But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded.
In his remarks, EOUSA Director James Crowell told the recipients, “The Department of Justice is in truth a deployed force. Your work isn’t easy, but it is vital to the functioning and enduring nature of our democracy. As federal prosecutors, we are held to a higher standard, a standard that requires us to ensure that we uphold the rule of law and the fundamental rules of fairness in every trial, every settlement, every plea, and every legal argument in which we are involved.”
Public Affairs Officer William Daniels is recognized for his extraordinary performance in Public Affairs concerning the Orlando Pulse Nightclub Attack. Mr. Daniels’s exceptional service, from the date of the event and throughout the related criminal trial that led to the acquittal of Noor Salman, merits this award. Mr. Daniels deserves ample praise for his work for his initial response to the scene; ability to address victim and community concerns following the aftermath of the event, and during the criminal investigation and trial; his solutions to unique media and court relations problems; his coordination with DOJ components and local, state, and federal law enforcement; and his deft handling of all public affairs issues.
“Mr. Daniels is a tremendous asset to our team here in the Middle District of Florida. His expertise and skills are unmatched, and his dedication and commitment are unfaltering,” said U.S. Attorney Maria Chapa Lopez. “Mr. Daniels is an extraordinary example of how best a Public Affairs Officer can further the Department and USAO mission.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Federal Jury Convicts Pawn Shop Robber at TrialRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Terry Alonzo Wilson (53, Tampa) guilty of conspiracy to commit robbery, robbery, brandishing a firearm during a robbery, and possessing a firearm as a convicted felon. Wilson faces a mandatory minimum penalty of seven years, up to life, in federal prison. His sentencing hearing is scheduled for September 4, 2019.
Wilson was indicted on October 16, 2018.
According to evidence presented at trial, on September 14, 2018, Wilson and another individual robbed the Value Pawn & Jewelry located at 5401 North 40th Street in Tampa. During the robbery, Wilson pointed a pistol at two employees and a customer who were inside the store and threatened to kill them. Wilson also brought zip ties to the robbery and instructed his partner to tie up the employees and the customer. Wilson forced the store manager to unhook the store’s security video recording system, which Wilson took with him when he left the store.
Wilson and his partner took more than $60,000 in jewelry and cash from the shop. Wilson had previously served prison time for robbing another Tampa pawn shop at gunpoint.
Wilson’s co-defendant, Jeremy Williams (35, Miami), previously pleaded guilty for his role in this case. Williams faces a mandatory minimum penalty of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for July 12, 2019.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.
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.
United States Files False Claims Act Complaint Against Two Compounding Pharmacies and Their Owner for Submitting Inflated Claims and Improperly Waiving Patient CopaymentsRead the Press Release
The Department of Justice announced today that the United States has filed a complaint in intervention against Smart Pharmacy Inc., and SP2 LLC, two compounding pharmacies located in Jacksonville, Florida. The complaint alleges that the pharmacies improperly included the drug aripiprazole, an atypical antipsychotic drug, in compounded pain creams in order to boost the pharmacies’ reimbursement for the prescriptions and that the pharmacies routinely waived patient copayment obligations. The government has also brought claims against Gregory Balotin, a co-owner of the pharmacies, for his involvement in the alleged schemes.
Aripiprazole, which is sold under the brand names Abilify, Abilify Maintena, and Aristada, is approved by the U.S. Food and Drug Administration to treat a number of psychological conditions such as schizophrenia, Tourette’s disorder, irritability associated with autistic disorder, and manic and mixed episodes associated with Bipolar I. The complaint alleges that the defendants crushed pills of aripiprazole and included them in compounded creams used topically for pain treatment while knowing that there was not an adequate clinical basis for adding aripiprazole to the compound. The complaint alleges that, by including the drug in the pain creams, the defendants substantially increased their reimbursement for prescriptions for the creams from Medicare Part D and TRICARE, the federal health care program for active duty military personnel, retirees, and their families.
The government’s complaint also alleges that the defendants improperly waived patient copayments. While copayments may be waived in certain unique circumstances, such as on the basis of financial hardship of the patient, the defendants are alleged to have routinely waived patient copayments without regard for whether a waiver was warranted.
“The Department of Justice will hold accountable health care providers that manipulate the system to improperly enrich themselves at the taxpayers’ expense,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Dispensing drugs for unproven uses and improperly waiving patient copayments erodes public trust in the health care system and increases the costs borne by federal health care programs.”
“This complaint addresses alarming misconduct by some of the largest compounding pharmacies in our district,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “We intend to hold providers accountable under the False Claims Act when they put their own economic interests ahead of the medical needs of federal health program beneficiaries.”
“Fraud in government health programs may result in harm to vulnerable populations and needless taxpayer expense,” said Shimon R. Richmond, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “All available resources will be used to aggressively investigate these allegations.”
“I applaud the Department of Justice for its continued efforts to hold compounding pharmacies accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency will continue working closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
“It is of utmost importance to protect the integrity of DoD programs by rooting out fraud, waste, and abuse that diverts and wastes precious American taxpayer dollars intended for our Warfighters, and their families. Allegations of providers unjustly enriching themselves will be met with a coordinated effort amongst all affected agencies to hold those accountable,” said the Defense Criminal Investigative Service Special Agent in Charge Cynthia Bruce, Southeast Field Office.
The lawsuits, United States ex rel. Sanchez v. Smart Pharmacy, Inc., et al., No. 14-cv-1453 (M.D. Fla.), and United States ex rel. Kohli v. Smart Pharmacy, Inc., et al., No. 16-cv-387 (M.D. Fla.), were originally filed in the U.S. District Court for the Middle District of Florida by Amy Sanchez and Ashok Kohli, two former employees of Smart Pharmacy. The lawsuits were filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims and to receive a share of any recovery. The Act permits the United States to intervene in such lawsuits, as the United States has done in these cases.
This matter is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the Defense Criminal Investigative Service, the Department of Health and Human Services Office of Inspector General, the Department of Veterans Affairs Office of Inspector General, the Department of Labor Office of Inspector General, and the Office of Personnel Management Office of Inspector General.
The claims asserted against the defendants are allegations only; there has been no determination of liability.
United States Files False Claims Act Complaint Against Two Compounding Pharmacies and Their Owner for Submitting Inflated Claims and Improperly Waiving Patient CopaymentsRead the Press Release
WASHINGTON – The Department of Justice announced today that the United States has filed a complaint in intervention against Smart Pharmacy Inc., and SP2 LLC, two compounding pharmacies located in Jacksonville, Florida. The complaint alleges that the pharmacies improperly included the drug aripiprazole, an atypical antipsychotic drug, in compounded pain creams in order to boost the pharmacies’ reimbursement for the prescriptions and that the pharmacies routinely waived patient copayment obligations. The government has also brought claims against Gregory Balotin, a co-owner of the pharmacies, for his involvement in the alleged schemes.
Aripiprazole, which is sold under the brand names Abilify, Abilify Maintena, and Aristada, is approved by the U.S. Food and Drug Administration to treat a number of psychological conditions such as schizophrenia, Tourette’s disorder, irritability associated with autistic disorder, and manic and mixed episodes associated with Bipolar I. The complaint alleges that the defendants crushed pills of aripiprazole and included them in compounded creams used topically for pain treatment while knowing that there was not an adequate clinical basis for adding aripiprazole to the compound. The complaint alleges that, by including the drug in the pain creams, the defendants substantially increased their reimbursement for prescriptions for the creams from Medicare Part D and TRICARE, the federal health care program for active duty military personnel, retirees, and their families.
The government’s complaint also alleges that the defendants improperly waived patient copayments. While copayments may be waived in certain unique circumstances, such as on the basis of financial hardship of the patient, the defendants are alleged to have routinely waived patient copayments without regard for whether a waiver was warranted.
“The Department of Justice will hold accountable health care providers that manipulate the system to improperly enrich themselves at the taxpayers’ expense,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Dispensing drugs for unproven uses and improperly waiving patient copayments erodes public trust in the health care system and increases the costs borne by federal health care programs.”
“This complaint addresses alarming misconduct by some of the largest compounding pharmacies in our district,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “We intend to hold providers accountable under the False Claims Act when they put their own economic interests ahead of the medical needs of federal health program beneficiaries.”
“Fraud in government health programs may result in harm to vulnerable populations and needless taxpayer expense,” said Shimon R. Richmond, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “All available resources will be used to aggressively investigate these allegations.”
“I applaud the Department of Justice for its continued efforts to hold compounding pharmacies accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency will continue working closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
“It is of utmost importance to protect the integrity of DoD programs by rooting out fraud, waste, and abuse that diverts and wastes precious American taxpayer dollars intended for our Warfighters, and their families. Allegations of providers unjustly enriching themselves will be met with a coordinated effort amongst all affected agencies to hold those accountable,” said the Defense Criminal Investigative Service Special Agent in Charge Cynthia Bruce, Southeast Field Office.
The lawsuits, United States ex rel. Sanchez v. Smart Pharmacy, Inc., et al., No. 14-cv-1453 (M.D. Fla.), and United States ex rel. Kohli v. Smart Pharmacy, Inc., et al., No. 16-cv-387 (M.D. Fla.), were originally filed in the U.S. District Court for the Middle District of Florida by Amy Sanchez and Ashok Kohli, two former employees of Smart Pharmacy. The lawsuits were filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims and to receive a share of any recovery. The Act permits the United States to intervene in such lawsuits, as the United States has done in these cases.
This matter is being handled by the Civil Division’s Commercial Litigation Branch and Assistant United States Attorney Collette B. Cunningham for the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the Defense Criminal Investigative Service, the Department of Health and Human Services Office of Inspector General, the Department of Veterans Affairs Office of Inspector General, the Department of Labor Office of Inspector General, and the Office of Personnel Management Office of Inspector General.
The claims asserted against the defendants are allegations only; there has been no determination of liability.
Prosecutors from the United States, Colombia and Mexico Strengthen Their Commitment to Dismantling Transnational Criminal OrganizationsRead the Press Release
WASHINGTON – On June 12 to 14, in Cartagena, Colombia, prosecutors from Colombia, Mexico, and the United States came together for the second Transnational Criminal Organizations (TCO) Working Group. The mission of the Working Group is to engage in specialized training and to develop joint strategies and best practices to dismantle the transnational criminal organizations that threaten the three nations.
During the Working Group, experienced prosecutors from the three nations benefited from trainings on international judicial cooperation and money laundering, and began developing a road map for the development or dissemination of best practices and effective strategies to dismantle these dangerous enterprises. This effort is all the more critical given the increasing interconnectedness between Mexican cartels and Colombian drug trafficking organizations, which collaborate to improve their profits and ability to traffic narcotics, humans, weapons and other contraband into the United States, threatening its national security.
The TCO Working Group is a direct outgrowth of Presidential Executive Order 13773 – Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking – which recognized the threat that transnational criminal organizations, including transnational drug cartels, pose to the national security of the United States. In the Executive Order, President Trump prioritized the need to increase cooperation and information sharing with foreign counterparts, and to enhance their operational capabilities via increased security sector assistance, all with the goal of dismantling TCO. Since the 2017 Executive Order was issued, the President has continually reiterated the need to immediately attack the ability of these organizations to traffic narcotics and other criminality into the United States.
The U.S. Department of Justice’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT), which is housed under the Department’s Criminal Division, seized on the momentum from the Dec. 6 to 7, 2017 “Trilateral Summit Against Transnational Organized Crime,” to spearhead the TCO Working Group. The Attorneys General from the United States, Mexico and Colombia converged at the Trilateral Summit to strengthen their commitment to international judicial cooperation and to reinforce joint strategies to dismantle transnational organized crime, such as narcotics trafficking, money laundering, and public corruption. Via a Joint Declaration, the three Attorneys General called on their respective institutions to increase the exchange of best practices to effectively dismantle TCO and to develop joint capacity building and training programs for those charged with investigating and prosecuting TCO. With this clear mandate, OPDAT Colombia and OPDAT Mexico sponsored the first TCO Working Group in August 2018 in Mexico City, Mexico.
Participating in the TCO Working Group meeting was U.S. Attorney Maria Chapa Lopez for the Middle District of Florida; representatives of the Fiscalía General de la Nación (FGN) of Colombia including Claudia Carrasquilla, head of the National Organized Crime Unit and Ricardo Carriazo, head of the National Drug Trafficking Unit of FGN; representatives of the Fiscalía General de la República (FGR) of Mexico, OPDAT Resident Legal Advisors (RLAs) in Colombia and México and Assistant U.S. Attorneys from the federal districts of Arizona, Southern District of California, Middle District of Florida, Southern District of Florida, Northern District of Georgia, District of New Jersey, District of New Mexico, Eastern District of Texas, Southern District of Texas, Western District of Texas and District of Utah; trial attorneys from the Criminal Division’s Money Laundering and Asset Recovery Section and representatives from the Criminal Division’s International Criminal Investigative Training and Assistance Program (ICITAP); the U.S. Drug Enforcement Administration (DEA); U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the Colombian National Police.
“Global cooperation is the key to mitigating threats to our national security and thwarting borderless crimes,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “The OPDAT Program continues to provide us, and our international partners, with the vital tools, information, and resolve necessary to defeat criminals, wherever they operate.”
"We held the trilateral meeting between the U.S., Colombian and Mexican prosecutors, where we've discussed issues of absolute importance for the dismantling of transnational criminal organizations that affect the national security of our countries,” said Ricardo Carriazo, Director of the Special Unit against Drug Trafficking for the Colombian Attorney General’s Office. “The results in this exchange of experiences and good practices will be seen soon in the development of international judicial operations. "
OPDAT spearheads and organizes this critical event in coordination with the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs (INL).
Ruskin Armed Career Criminal Sentenced to 15 Years for Illegally Possessing A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Guillermo Ramirez, Jr. (46, Ruskin) to 15 years in federal prison for knowingly possessing a firearm as a convicted felon. Ramirez had pleaded guilty on March 27, 2019.
According to the plea agreement and evidence presented at the sentencing hearing, on December 3, 2016, Ramirez arranged to sell a firearm to an undercover detective from the Hillsborough County Sheriff’s Office. When Ramirez and the detective met, Ramirez pulled a Jennings 9mm semi-automatic pistol from his waistband and sold it to the detective. Ramirez then offered to sell the detective more guns.
At the time of this sale, Ramirez had multiple prior felonies, including convictions for aggravated assault, delivery of cocaine, and possession of cocaine with intent to sell. Therefore, he was – and is – prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Hillsborough County Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Taylor G. Stout.
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.
Justice Department Announces New Transnational Elder Fraud Strike ForceRead the Press Release
WASHINGTON – Attorney General William P. Barr today announced the establishment of the Transnational Elder Fraud Strike Force, a joint law enforcement effort that brings together the resources and expertise of the Department of Justice’s Consumer Protection Branch, the U.S. Attorneys’ Offices for six federal districts, the FBI, the U.S. Postal Inspection Service, and other organizations. The Strike Force will focus on investigating and prosecuting individuals and entities associated with foreign-based fraud schemes that disproportionately affect American seniors. These include telemarketing, mass-mailing, and tech-support fraud schemes.
The Transnational Elder Fraud Strike Force will be comprised of prosecutors and data analysts from the Consumer Protection Branch, prosecutors with six U.S. Attorneys’ Offices (Central District of California, Middle and Southern Districts of Florida, Northern District of Georgia, Eastern District of New York, Southern District of Texas), FBI special agents, Postal Inspectors, and numerous other law enforcement personnel. The Strike Force will also collaborate with the Federal Trade Commission and industry partners, who have pledged to engage with the Department to help end the scourge of elder fraud. It will further benefit from the help of the Elder Justice Coordinators now assigned in every U.S. Attorney’s Office.
“Fraud against the elderly is on the rise,” said Attorney General Barr. “One of the most significant and pernicious causes for this increase is foreign-based fraud schemes. The new Transnational Elder Fraud Strike Force will bring together the expertise and resources of our prosecutors, federal and international law enforcement partners, and other government agencies to better target, investigate, and prosecute criminals abroad who prey on our elderly at home. The Department of Justice is committed to ending the victimization of elders across the country.”
“It doesn’t matter where these criminals live. We’re committed to keeping our elderly citizens safe, whether they’re being targeted door-to-door, over the phone, or online, from thousands of miles away,” said Director Christopher Wray of the FBI. “Our new Transnational Elder Fraud Strike Force will give us additional resources and tools to identify and stop those who are targeting our senior communities from overseas. If you think you may be a victim of elder fraud, or you know someone who is, please let us know. We want to help.”
“Protecting older Americans and educating them and their caregivers about foreign lotteries and sweepstakes has been a long-time priority of the Postal Inspection Service,” said Chief Postal Inspector Gary Barksdale. “Our consumer awareness programs, coupled with our investigative efforts, have prevented countless older Americans from fraud and financial exploitation. But there’s so much more than can be done. By joining our partner agencies in this Strike Force, we become more effective at identifying and stopping those who prey on our vulnerable citizens.”
“Florida is home to millions of our nation’s seniors, who are often targeted for fraud through unscrupulous means,” said U.S. Attorney Maria Chapa Lopez, Middle District of Florida. “The Transnational Elder Fraud Strike Force will enhance our ability to coordinate resources beyond our borders, and pursue and prosecute those who seek to prey upon one of our most vulnerable populations.
Using analytical tools and sophisticated investigative approaches, the Strike Force will seek to identify those responsible for foreign fraud schemes affecting American seniors, as well as those individuals and entities facilitating such schemes. The Strike Force will coordinate closely with foreign law enforcement, and will use all available criminal and civil tools to stop victims from losing money and to hold wrongdoers responsible.
The Attorney General announced creation of the Strike Force as part of a week of events recognizing World Elder Abuse Awareness Day on June 15, which is dedicated to raising awareness about the millions of older adults who experience elder abuse, neglect, and financial exploitation.
The establishment of the Transnational Elder Fraud Strike Force builds on the Trump Administration’s commitment to combating elder fraud. That commitment was reflected in the Department’s historic 2018 and 2019 Elder Fraud Sweeps—which collectively brought criminal and civil actions against more than 500 defendants responsible for defrauding more than $1.5 billion from at least 3 million victims —as well as the 2018 Rural and Tribal Elder Justice Summit.
More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.
Jacksonville Woman Pleads Guilty to Submitting A False Claim to FEMA for Disaster Assistance Benefits Involving Hurricane IrmaRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Kimberly Dues (37, Jacksonville) has pleaded guilty to disaster assistance fraud involving fraudulently obtained FEMA benefits. She faces up to 30 years in federal prison and payment of restitution to the United States in the amount of $32,038. A sentencing date has not yet been set.
According to court documents, in November 2017, the U.S. Department of Homeland Security, Office of Inspector General (DHS-OIG) received information that Dues had provided false information to the Federal Emergency Management Agency (FEMA) in order to receive disaster assistance benefits. Upon investigation, DHS-OIG determined that, in September 2017, Dues submitted an application to FEMA for disaster assistance benefits, concerning Hurricane Irma, through the Individuals and Households Program. A review of the application revealed that Dues had falsely claimed that her primary residence in Jacksonville, Florida, was damaged due to the hurricane. Based on the purported storm damage, Dues claimed that she had to relocate and was in need of disaster assistance benefits. Because of the false statements made in her application, Dues fraudulently obtained $32,038 from FEMA.
This case was investigated by the Department of Homeland Security - Office of Inspector General. It is being prosecuted by Assistant United States Attorney Kevin C. Frein. This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017.
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 [email protected] (link sends e-mail). You may also visit www.justice.gov/usao-mdfl.
Lake City Career Offender Sentenced to More Than Ten Years in Federal PrisonRead the Press Release
Jacksonville, FL. – U.S. District Judge Henry Lee Adams, Jr. has sentenced Lonnie Jack Trowell (31, Lake City) to 10 years and 10 months in federal prison for distribution of methamphetamine and possession with the intent to distribute 5 grams or more of actual methamphetamine.
Trowell had pleaded guilty on March 15, 2019.
According to court documents, the Drug Enforcement Administration and the Columbia County Multi-Jurisdiction Drug Task Force utilized a confidential source to make two controlled purchases of methamphetamine from Trowell on March 27 and May 22, 2018. On May 25, 2018, the troopers from the Florida Highway Patrol conducted a traffic stop on a vehicle driven by Trowell. A subsequent search of the vehicle revealed 51.78 grams of actual methamphetamine with 99% purity, a small black scale, and four syringes.
Trowell is responsible for a total of 75.59 grams of actual methamphetamine and is a Career Offender. His prior convictions include possession of a controlled substance with the intent to sell or deliver and manufacture of controlled substance.
This case was investigated by the Drug Enforcement Administration, the Columbia County Multi-Jurisdiction Drug Task Force, and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Beatriz Gonzalez.
Central Florida Cocaine Trafficking Ring DismantledRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that 13 individuals have been sentenced in connection with their involvement in an interstate cocaine distribution conspiracy. During the investigation of this case, law enforcement seized more than seven kilograms of cocaine; nine firearms, including an assault rifle and shotgun; hundreds of rounds of ammunition; approximately $40,000 in drug proceeds; and a currency counter.
According to court documents, from November 27, 2017, through April 18, 2018, leaders of the organization oversaw the shipment of more than 20 kilograms of cocaine into Florida from Puerto Rico. After packaging the cocaine for distribution, the conspirators provided the drugs to street level distributors who then sold it in Tampa, Orlando, and elsewhere.
The following individuals have been sentenced in connection with this case:
Name Age, Residence Term of ImprisonmentWilliam Leverne Norton
41, Tampa
14 years
Jesus Manuel Rodriguez
31, Brandon
12 years, 7 months
Bryan Gomez Nevarez
31, Avon Park
11 years, 3 months
Luis Enrique Hernandez Quinones
29, Davenport
11 years, 3 months
Avisys Lee Jackson
28, Tampa
10 years, 10 months
Pedro Luis Ramos Burgos
26, Kissimmee
10 years
Javier Albaladejo Lopez
24, Tampa
10 years
Hector Jose Carrasquillo Perez
26, Cataño, Puerto Rico
10 years
Jose Angel Mendoza, Jr.
29, Tampa
8 years, 1 month
Antonio Soul Gonzalez
41, Tampa
7 years, 9 months
Ismael Pagan Marrero
44, Orlando
5 years, 10 months
Edgar Hernandez
28, Tampa
4 years, 3 months
Henry Coira
31, Avon Park
5 years, 10 months
“This investigation represents our commitment to keeping communities safe from destructive drug trafficking enterprises,” said Bryan Vorndran, Acting Special Agent in Charge of the FBI Tampa Division. “I commend the federal, state and local law enforcement cooperation in getting the job done and disrupting a major supplier of cocaine in Central Florida.”
“As a result of the collaborative efforts and strong partnership between our local, state, and federal partners, justice has indeed been served by ensuring that these convicted drug traffickers are no longer left on the playing field to inflict harm to the law abiding citizens of the community,” said Adolphus P. Wright, Special Agent in Charge of the DEA Miami Field Division. “We remain committed and will continue to work tirelessly with our law enforcement partners throughout the region to keep our communities safe from illicit drug trafficking and the associated dangers which follow.”
“The U.S. Postal Inspection Service is committed to eradicating illegal drugs and their proceeds from the U.S. Mail,” said U.S. Postal Inspector Damien Kraebel. “Dismantling this conspiracy furthers our mission to help protect employees and customers from the violence related to drug trafficking, and to inhibit the spread of illegal substances into neighborhoods across America.”
“The diligent work done by law enforcement to bring down this illegal operation should be commended,” said FDLE’s Tampa Special Agent in Charge Mark Brutnell. “FDLE is proud to be a part of this effort to take drugs and guns off of our streets, and help make all of us safer.”
“Taking down a sophisticated criminal operation requires teamwork,” said Tampa Police Chief Brian Dugan. “Our streets are safer today due to efforts of our agencies working together. We’re grateful to the U.S. Attorney for the successful prosecution that will put these individuals behind bars for a long time.”
These cases were investigated by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. Participating agencies in this OCDETF operation included the Federal Bureau of Investigation, the Tampa Police Department, the Plant City Police Department, the Florida Department of Law Enforcement, the Drug Enforcement Administration, and the U.S. Postal Inspection Service. The cases were prosecuted by Assistant United States Attorney Carlton C. Gammons.
Tampa Man Pleads Guilty to Possessing A Firearm Near A School ZoneRead the Press Release
Tampa, Florida – Jauwan Smith (22, Tampa) has pleaded guilty to possession of a firearm near a school zone. Smith faces a maximum penalty of five years in federal prison. His sentencing date is not yet scheduled.
According to the facts presented at the plea hearing, Tampa Police officers observed Smith walking near Chelsea and 25th Street North in Tampa on the evening of March 6, 2018. When they approached Smith and engaged him in conversation, Smith admitted that he was armed with a gun. Officers then found a CZ model 7.56mm caliber pistol, loaded with seven rounds of ammunition, in Smith’s waistband. Smith possessed the loaded firearm within 1,000 feet of the grounds of the Charles J. Ferrell Middle Magnet School, a public middle school for girls in Hillsborough County, Florida.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Florida Man Sentenced to Ten Years in Prison for Downloading Child Pornography from A Grocery Store Parking LotRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Robert Sciolino (51, Bradenton) to 10 years in federal prison for receipt and possession of child pornography. The court also ordered Sciolino to pay $57,000 in restitution to the victims and forfeit six electronic devices that he used in the commission of the offense.
Sciolino had pleaded guilty on March 22, 2019.
According to court documents, in June 2014, undercover detectives from New Zealand downloaded multiple files depicting child pornography from Sciolino’s residence. Law enforcement later executed a search warrant at Sciolino’s residence, and recovered two computers and two flash drives. A forensic analysis of the devices revealed 354 images and 619 videos of child pornography. Some of the images and videos depicted children as young as three years old being sexually abused.
Between December 2015 and January 2016, undercover FBI agents downloaded multiple files depicting child pornography from a user that was connecting to the internet via unsecured wireless routers, within a 10-mile radius in Sarasota County, Florida. On February 1, 2016, FBI agents, working alongside detectives from the Bradenton Police Department, tracked this user to a grocery store parking lot in Bradenton. At approximately 9:00 p.m., Sciolino was found at the parking lot while he was actively downloading child pornography from his car. A forensic analysis of the devices recovered from Sciolino’s car revealed 1,539 images and 81 videos of child pornography.
“This sentence is the embodiment of unremitting efforts of detectives and agents at the local, federal, and international level to prevent the exploitation and victimization of children,” said Special Agent Dan Ward, FBI Child Exploitation Task Force coordinator in Fort Myers.
This case was investigated by the Bradenton Police Department, the FBI, and the New Zealand Police Department. It was prosecuted by Assistant United States Attorneys Diego F. Novaes and Lisa M. Thelwell.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Father and Son Sentenced to 20 Years in Federal Prison for Violent CarjackingsRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore today sentenced Anthony Phillips III (18, Tampa) to 20 years in federal prison for two counts of carjacking and two counts of brandishing firearms in furtherance of carjacking, which he committed with his father, Anthony Phillips, Jr., in St. Petersburg, Florida.
Phillips III had pleaded guilty on March 14, 2019.
According to court documents, in each of the carjackings, the defendants held firearms against the heads or chests of their victims. In the first carjacking, committed on New Year’s Day in 2018, in Tampa, the defendants stripped and pistol whipped the victim, and threatened to harm his family if he reported the incident to law enforcement. In the second carjacking, committed two days later, in St. Petersburg, the defendants and two others took a vehicle from a pediatrician’s parking lot in broad daylight. During the incident, the assailants pressed firearms against the chests of two parents, who successfully begged for the return of their one-year-old infant that was still in the vehicle. Later that day, as United States Marshals deputies arrested the defendants, they attempted a forceful escape.
Anthony Phillips, Jr. (39, Tampa) pleaded guilty on July 16, 2018, to two counts of brandishing a firearm in furtherance of a carjacking. He was sentenced to 20 years’ imprisonment on March 12, 2019.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the St. Petersburg Police Department, and the United States Marshals Service. It was 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 Man on Federal Supervised Release Pleads Guilty to Laundering Proceeds of Synthetic Marijuana ConspiracyRead the Press Release
Jacksonville, Florida –Arafat Aljubeh (54, Tampa) has pleaded guilty to conspiring to launder the proceeds of a conspiracy involving the distribution of a synthetic marijuana referred to as “AB-FUBINACA.” At the time of the offense, Aljubeh was on federal supervised release stemming from a 2014 federal conviction for conspiring to traffic in counterfeit Nike shoes. Aljubeh faces a maximum sentence of 20 years in federal prison on the current offense, and a maximum penalty of 2 years’ imprisonment for violating his supervised release.
According to the plea agreement, in April 2017, in Baker County, a Florida Highway Patrol (FHP) trooper conducted a traffic stop on a vehicle driven by Thair Zatar. Zatar was issued a warning and gave the trooper consent to search his vehicle. When the trooper looked in the back of Zatar’s vehicle, he discovered nine large black garbage bags, weighing approximately 415 pounds, which were stuffed with 27,000 individual packets labeled as “potpourri.” The packets were branded with names including “Outer Space” and “Geeked Up.” The trooper suspected the packets contained synthetic marijuana, and the Drug Enforcement Administration later confirmed that fact. Zatar was arrested and informed the DEA that his supplier was Aljubeh.
Zatar pleaded guilty to possession with the intent to distribute AB-FUBINACA and was sentenced in 2018 to four years and three months in federal prison.
A review of Zatar’s phone revealed text messages that had been sent to Zatar instructing him where to deposit the proceeds from the drug sales. An investigation into the account, and others, by Homeland Security Investigations (HSI) revealed that the accounts were being used to receive the proceeds of AB-FUBINACA from Zatar and others. After deposits were made into the account, Aljubeh and his co-conspirators would transfer the money back and forth between the accounts in a complex series of transactions designed to obscure the source, ownership, and control of the funds. Ultimately, the drug proceeds were used to make five purchases of real estate in the Tampa area.
This case was investigated by the Drug Enforcement Administration, Homeland Security Investigations, the Florida Highway Patrol, and the Pasco Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Jay Taylor.