FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
Jury Convicts Daytona Beach Man in Cocaine Distribution ConspiracyRead the Press Release
Orlando, Florida – A federal jury today found Benjamin Greene Robinson (31, Daytona Beach) guilty of one count of conspiracy to possess with the intent to distribute more than 500 grams of cocaine. He faces a minimum mandatory sentence of 10 years, and up to life, in federal prison. His sentencing hearing is scheduled for November 20, 2019.
Robinson was originally indicted on June 5, 2019. A superseding indictment was returned on July 24, 2019.
According to testimony and evidence presented at trial, in January 2016, Robinson and three conspirators arranged for multiple shipments of cocaine to be sent through the U.S. Postal Service (USPS) from California. During the investigation, the FBI and the USPS seized three of the packages, each containing two kilograms of cocaine hidden inside tubs of protein powder. Law enforcement identified five additional shipments that the conspirators had successfully shipped through the mail. In 2016, during the month of January, Robinson and his conspirators were responsible for shipping 14 kilograms of cocaine through the mail, estimated to be worth a total $490,000.
Two of Robinson’s co-conspirators, Dondi Kentrail Freeney (Sanford) and Telvin Williams (Sanford) have pleaded guilty for their roles in the conspiracy and will be sentenced on September 19, 2019. Antonio Chandler (Belle Isle), the third co-conspirator, has a change of plea hearing scheduled next week.
This case was investigated by the Federal Bureau of Investigation, with assistance from the U.S. Postal Inspection Service, the Lake County Sherriff’s Office, and the Volusia Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Dana E. Hill and E. Jackson Boggs.
Illegal Alien Sentenced for Aggravated Identity Theft and Firearms PossessionRead the Press Release
Tampa, Florida – United States District Judge Steven D. Merryday has sentenced Jorge Delgado-Macias (44) to 40 months in federal prison for being an alien unlawfully in the United States in possession of a firearm and for aggravated identity theft.
Delgado-Macias had pleaded guilty on May 23, 2019.
According to testimony and court documents, on October 17, 2018, law enforcement officers searched Delgado-Macias’s home in Hillsborough County and found two firearms, a Taurus .40 caliber pistol and a Taurus 9mm pistol, along with ammunition for each gun. They also discovered that Delgado-Macias was a citizen of Mexico and that he had re-entered the United States unlawfully, after having been deported to Mexico in 1998. Delgado-Macias also admitted, that while in the United States, he used the identity of another person unlawfully and without permission to obtain a Social Security card and a false Florida driver license.
This case was investigated by the United States Department of Homeland Security and the United States Border Patrol, with assistance from the Hillsborough County Sherriff’s Office. It was prosecuted by Assistant United States Attorney Jay L. Hoffer, with assistance from Assistant United States Attorney Dan Baeza.
Husband and Wife Convenience Store Owners Plead Guilty to Fraud Involving Food Stamp ProgramRead the Press Release
Jacksonville, Florida – Russell Leroy Dotson, Jr. (62) and Maria Luisa Dotson (65), both of Jacksonville, have pleaded guilty to conspiracy to commit wire fraud. Each faces a maximum penalty of 20 years in federal prison and payment of restitution to the United States.
According to court documents, the Dotsons owned and operated Asmarina Food Mart, with two locations in Jacksonville. Upon opening the convenience stores, they applied for and received approval from the Food and Nutrition Service, an agency of the United States Department of Agriculture, to participate in the Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program. After receiving this approval, the Dotsons trained their employees how to conduct fraudulent transactions with SNAP recipients using their Electronic Benefit Transfer (EBT) card. The Dotsons instructed their employees to ring up fraudulent transactions to make it appear that SNAP recipients had purchased eligible food products from the store using their EBT cards. The employees then gave the SNAP recipients cash representing approximately one-half of the amount of the fraudulent transaction, while the Dotsons received the remainder of the money. Over approximately 27 months, Russell and Maria Dotson defrauded the United States out of $257,979.
This case is part of a long-term investigation into SNAP fraud occurring at the two Asmarina Food Mart locations in Jacksonville. To date, 11 others have pleaded guilty and have been sentenced for their roles in this scheme. Shelly Rowe Sullivan, Teighlor Michelle Wicker, Tracy Lynn Hammock, Shannon Marie Whaley, Denise Diane Taylor, Ormetre Patterson, Cierra Elizabeth White, Laura Lockwood, Shanelle Bryant, Felicia Meadows, and Theresa Marie Paschall were previously sentenced to supervised release and ordered to pay a total of $218,629.67 in restitution to the United States.
This case was investigated by the Jacksonville Sheriff’s Office, the United States Secret Service - Jacksonville Field Office, and United States Department of Agriculture - Office of Inspector General. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Brevard County Man Convicted for Possession of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found James John Edwards (37, Brevard County) guilty of possession of child pornography. Edwards faces a maximum penalty of 20 years in federal prison and must forfeit a computer and a one-terabyte hard drive that was used in the commission of the offense. His sentencing hearing is scheduled for October 15, 2019.
Edwards was indicted on March 6, 2019.
According to evidence presented at trial, on February 7, 2019, during the execution of a federal search warrant, Edwards was found to be in possession of more than 1,000 videos and over 300 images depicting young children engaged in sexually explicit conduct. The videos and images depicted toddlers and children under the age of 12 in bondage, being raped and sodomized, and made to perform sadistic sexual acts. The evidence also showed that Edwards had an extensive computer background, and in this case, used a file-sharing software to search for, download, and view child pornography via a computer and hard drive in his bedroom. The computer was connected to a television that was mounted on the wall above Edwards’s dresser. Edwards used the hard drive to store videos and images of child pornography. His collection dated back to 2015.
This case was investigated by the Federal Bureau of Investigation and the Palm Bay Police Department. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
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.
Fort Myers Man Sentenced to More Than 24 Years for Dealing Fentanyl Resulting in DeathRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Gregory Apicella (54, Fort Myers) to 24 years and 4 months in federal prison for distributing fentanyl that resulted in death and, for distributing methamphetamine.
Apicella had pleaded guilty on February 26, 2019.
According to court documents, on December 29, 2017, and January 18, 2018, Apicella sold fentanyl to a 21-year-old male (J.Y.) from his home on South Entrada Drive in Fort Myers. J.Y. ingested the fentanyl and quickly died of an overdose. During the execution of a search warrant at Apicella’s house, deputies from the Lee County Sheriff’s Office recovered a large quantity of fentanyl, paraphernalia, and methamphetamine from Apicella’s bedroom.
This case was investigated by the Drug Enforcement Administration and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Charles Schmitz and Kyle Cohen.
Orlando Woman Convicted of Drug OffensesRead the Press Release
Orlando, Florida – A federal jury today found Deborah Carmona Antonsanti (43, Orlando) guilty of conspiracy to possess with the intent to distribute more than 500 grams of cocaine and possession with the intent to distribute more than 500 grams of cocaine. Carmona Antonsanti faces a maximum penalty of 40 years in federal prison on each count. Her sentencing hearing is scheduled for November 20, 2019.
Carmona Antonsanti was indicted on April 4, 2019, along with her husband, Jerry Sanchez Carrasquillo, who pleaded guilty on July 29, 2019.
According to evidence presented at trial, Carmona Antonsanti and Sanchez Carrasquillo worked together to receive a package containing more than a kilogram of cocaine, which was sent from Puerto Rico. Carmona Antonsanti and Sanchez Carrasquillo were arrested as part of an operation involving an undercover officer disguised as a delivery person. As part of the arrest, the agents recovered a set of keys and a receipt to a nearby storage unit. The agents located an additional 247 grams of cocaine, inside a bag with the fingerprints of both Carmona Antonsanti and Sanchez Carrasquillo, from inside the storage unit.
This case was investigated by the Department of Homeland Security, Homeland Security Investigations and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu.
Orlando Man Pleads Guilty to Orchestrating Multi-Million Dollar Investment Fraud SchemeRead the Press Release
Orlando, Florida – Andres Fernandez (37, Orlando) has pleaded guilty to 12 counts of wire fraud. He faces a maximum penalty of 20 years in federal prison on each count. His sentencing hearing is scheduled for October 30, 2019.
According to court documents, Fernandez orchestrated an investment scheme that defrauded at least 50 victims out of millions of dollars. Fernandez solicited individuals to invest in concert events that he claimed were being produced by his companies, Kadaae Entertainment Corporation and Kadaae LLC. He told victims that their investment would be used to fund specific concert events from artists, including Julio Iglesias and Pitbull, and promised a return on investment of up to 100 percent. Fernandez used fake contracts and other false documents to convince victims that he and his companies were under contract to produce the events. In fact, neither Fernandez nor his companies were involved in most of the events he had solicited to victims. Fernandez used portions of the funds sent by investors for his own personal use and to pay fraudulent “investment returns” to earlier investors.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Nathan W. Hill.
Orlando Woman Sentenced to Six Years in Federal Prison for Committing Fraud While on Federal Supervised ReleaseRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell today sentenced Lavitress Williams (39, Orlando) to six years in federal prison for wire fraud, passing counterfeit checks, and violating her supervised release.
On May 14, 2019, Williams had pleaded guilty to five counts of wire fraud and five counts of passing counterfeit checks. On June 4, 2019, she admitted that she had violated her federal supervised release by committing those crimes.
According to court documents, in 2013, Williams was sentenced to 5 years and 3 months in federal prison, followed by 3 years of supervised release, for participating in a scheme involving counterfeit travelers’ checks that were passed at Target stores located throughout the southeastern United States. After she was released from prison, and while serving on federal supervised release, Williams engaged in another check fraud scheme in which she passed counterfeit checks at Walgreens and CVS stores in Central Florida.
Over the course of more than five months, Williams passed, or attempted to pass, counterfeit checks at more than 40 drugstores. The total amount of actual and attempted losses associated with the scheme was more than $70,000.
This case was investigated by the U.S. Secret Service, with assistance from the Eatonville Police Department, the Maitland Police Department, the Orlando Police Department, the Winter Park Police Department, the Orange County Sheriff’s Office, the Osceola County Sheriff’s Office, the Volusia County Sheriff’s Office, and the U.S. Marshals Service. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
Winter Park Man Pleads Guilty to Fraud and Money LaunderingRead the Press Release
Orlando, Florida – Bryan L. Brewer (44, Winter Park) has pleaded guilty to wire fraud, bank fraud, and money laundering. He faces a maximum penalty of 20 years in federal prison for the wire fraud count, up to 30 years’ imprisonment for the bank fraud count, and up to 10 years’ imprisonment for the money laundering count. Brewer has also agreed to pay restitution to his victims and a money judgment has been entered for more than $9 million.
According to court documents, Brewer engaged in two fraud schemes that resulted in him receiving more than $9 million. In one scheme, Brewer solicited an individual to invest in a company that manufactured paddleboards by the name of USBoardco (also known as WatersEdge). As part of the scheme, Brewer sent the victim copies of bank statements, tax returns, and other financial documents that had been falsified to inflate the sales, profits, income, and bank account balance for the company. Relying upon those and other misrepresentations, the victim invested over $1 million.
The second scheme related to real estate located in Seminole County. In 2012, an investor loaned more than $4 million to assist Brewer in the purchase of the property. In return, the investor obtained a mortgage on the property. A couple of years later, Brewer defrauded a bank into lending his companies $7.75 million that involved Brewer forging documents and using a fake email account that he had created for his investor. This scheme consisted of two parts. First, Brewer forged a letter that transferred the mortgage from his investor to an entity that Brewer controlled. Second, Brewer forged an estoppel letter from his investor that falsely promised that the investor would release his mortgage for $3.5 million. Brewer used a fake email account that he had established for the investor to send the forged estoppel letter and to pretend to be the investor in communications with the bank. Relying upon the forged letters and his other misrepresentations, the bank loaned one of Brewer’s companies $7.75 million.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
St. Petersburg Man Arrested After Attempted Armed RobberyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the arrest of Terrian J. Knight (29, St. Petersburg) on a criminal complaint charging him with being a felon in possession of a firearm. If convicted, Knight faces a maximum penalty of 10 years in federal prison.
According to the
complaint , on July 30, 2019, Knight attempted to rob the assistant manager of a St. Petersburg Family Dollar store as the manager was leaving the store. During the course of the robbery, Knight produced a firearm and shot the victim twice. After hiding in a retention pond area for approximately seven hours, Knight was taken into custody, and law enforcement recovered the firearm used in the shooting.A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Callan Albritton.
This case was 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.
Serial Bank Robber Sentenced to Nearly 11 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Terrance Maurice Goss (33, Tampa) to 10 years and 10 months in federal prison for committing four bank robberies and two attempted bank robberies. The court also ordered Goss to forfeit $6,462, the funds he had stolen from the banks.
Goss had pleaded guilty on May 21, 2019.
According to court documents, between January 11 and 25, 2019, Goss robbed four banks. On January 11, 2019, he robbed the Wells Fargo Bank located at 2699 Gulf to Bay Boulevard in Clearwater. He robbed a second Wells Fargo Bank located at 5250 East Bay Drive in Clearwater on January 15, 2019. Two days later, he robbed the Centennial Bank located at 5850 Fruitville Road in Sarasota. On January 25, 2019, Goss robbed a Wells Fargo Bank in Davenport. Additionally, Goss attempted to rob the TD Bank located at 6108 U.S. Highway 98 North in Lakeland on January 17, 2019, and the SunTrust Bank located at 1075 Carpenters Way in Lakeland on January 25, 2019.
During each robbery, and attempted robbery, Goss entered the bank and handed the teller a note demanding money. Following Goss’s robbery of the bank in Davenport, he led law enforcement officers on a high-speed chase, ultimately crashing his car. The officers recovered a loaded pistol from the car after the crash.
This case was investigated by Federal Bureau of Investigation, the Largo Police Department, the Clearwater Police Department, the Sarasota County Sheriff’s Office, the Polk County Sheriff’s Office, the Lakeland Police Department, the U.S. Marshals Service, and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Taylor G. Stout.
This case was 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.
Leader of Large-Scale Lee County Drug Ring Pleads GuiltyRead the Press Release
Fort Myers, Florida – Tony Wilson, Jr. (31, Lehigh Acres) has pleaded guilty to conspiracy to distribute controlled substances, including cocaine base, fentanyl, heroin, and multiple firearms charges. Wilson faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.
According to court documents, from 2013 through 2018, Wilson, known a/k/a “Big Homie” and “Caine,” was the head of a large-scale drug distribution ring operating in the Suncoast Estates neighborhood of North Fort Myers. The drug organization occupied several houses and trailer homes in the neighborhood, inside which dealers worked side-by-side to distribute controlled substances to customers.
During the investigation, law enforcement officers conducted dozens of undercover drug purchases from the dealers at the drug houses. They also executed multiple search warrants resulting in the seizure of tens of thousands of dollars in cash, multiple firearms, and large quantities of cocaine base, heroin, and fentanyl. Investigators believe that the organization often generated more than $10,000 per day in sales.
To date, eighteen members of the ring have been federally charged. Wilson is the fourteenth member to plead guilty.
The following is a list of individuals who have been charged in connection with this case:
Name Charge(s) StatusTony Wilson, Jr.
(31, Lehigh Acres)
Conspiracy to distribute controlled substances, distribution of controlled substances, and firearms offenses.
Pleaded guilty, faces up to life in federal prison.
Monique Moore
(47, North Fort Myers)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to life in federal prison.
Patrick Graham
(25, Labelle)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
Michael Perez
(38, North Fort Myers)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
James Estrella
(50, North Fort Myers)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
Danielle Hallmon
(32, Pine Island)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
Dorothy Rochford
(27, North Fort Myers)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
Darniel Williams
(24, Labelle)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
Kenneth Tippins
(48, North Fort Myers)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
Eileen Smith
(22, Labelle)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
Malik Timbers
(26, St. Petersburg)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 40 years in federal prison.
Christopher Connor
(30, Labelle)
Conspiracy to distribute controlled substances.
Pleaded guilty, faces up to 20 years in federal prison.
William Thomas
(26, Labelle)
Conspiracy to distribute controlled substances and distribution of controlled substances.
Trial scheduled for August 19, 2019; he faces up to 40 years in federal prison.
Tyrome Wright
(46, North Fort Myers)
Conspiracy to distribute controlled substances and distribution of controlled substances.
Trial scheduled for August 19, 2019; he faces up to 40 years in federal prison.
Jeffrey Beard, II
(29, Labelle)
Conspiracy to distribute controlled substances and distribution of controlled substances.
Trial scheduled for August 19, 2019; he faces up to 40 years in federal prison.
Elizabeth Kuc
(47, North Fort Myers)
Conspiracy to distribute controlled substances and distribution of controlled substances.
Trial scheduled for August 19, 2019; she faces up to 40 years in federal prison.
Michelle Gladys
(49, North Fort Myers)
Possession with the intent to distribute a controlled substance.
Sentenced to 33 months in federal prison.
Samantha Badger
(23, North Fort Myers)
Possession with the intent to distribute a controlled substance.
Sentenced to 15 months in federal prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Michael Leeman and Trent Reichling.
Jacksonville Man Pleads Guilty to Distributing Child PornographyRead the Press Release
Jacksonville, Florida – Mark Wesley Schmit (50, Jacksonville) has pleaded guilty to distributing child pornography. He faces a minimum mandatory penalty of 5 years, and up to 20 years, in federal prison and a potential life term of supervised release.
According to court documents, during the course of the investigation of an unrelated child exploitation case, the FBI learned that an individual had exchanged a series of text messages with Schmit on July 24, 2017. During that conversation, the individual sent several pornographic videos to Schmit, claiming that they depicted his 13-year-old sister. In response, Schmit requested that the individual send him additional graphic sexual videos of the purported child. Schmit then sent an image to the individual depicting an adult male sexually assaulting a young girl.
On April 16, 2019, FBI agents arrested Schmit pursuant to a federal arrest warrant. During an interview, Schmit admitted to sending and receiving child pornography, and that he had a sexual interest in looking at images of underage girls. Schmit also admitted that he had engaged in online conversations with underage girls, while purporting to be a teenage boy, and solicited sexual images of the girls. Forensic analysis of Schmit’s cellphone revealed that it contained at least five images depicting the sexual abuse of young children.
This case was investigated by the Federal Bureau of Investigation (Jacksonville Office). It is being prosecuted by Assistant United States Attorney David B. Mesrobian.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Georgia Man Convicted of Conspiring to Distribute MethamphetamineRead the Press Release
Ocala, Florida – A federal jury today found Eric Pedro Valdez (39, Atlanta) guilty of conspiracy to distribute 500 grams or more of methamphetamine. He faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. Valdez was indicted on October 11, 2017.
According to testimony and evidence presented at trial, between November 2015 and May 2016, Valdez conspired with others to distribute more than 70 kilograms of methamphetamine. On March 23, 2016, Valdez hand-delivered 4 kilograms of methamphetamine to two co-conspirators at a business in the Atlanta- area. The methamphetamine was intended for distribution in Sumter County.
This case was investigated by the Drug Enforcement Administration and the Sumter County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney William S. Hamilton.
Telemarketer and His Companies Agree to Pay $2.5 Million to Settle Allegations That They Operated Telemedicine Schemes Involving Illegal Kickbacks and Unnecessary PrescriptionsRead the Press Release
United States Attorney Maria Chapa Lopez and U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee announce that Scott Roix, together with several entities through which he ran his telemarketing business, including HealthRight, LLC; Health Savings Solutions, LLC; Vici Marketing, LLC; and Vici Marketing Group, LLC (hereinafter collectively referred to as “marketing companies”), have agreed to pay $2.5 million to resolve allegations that Roix and these marketing companies violated the False Claims Act by causing the submission of false claims to federal healthcare programs in connection with telemedicine health care fraud schemes.
The government alleged that: (1) Roix and his marketing companies fraudulently obtained insurance coverage information from consumers across the country to arrange for them to receive prescription pain creams and other similar products, (2) these prescriptions were not medically necessary and did not arise from a valid doctor-patient relationship, and (3) Roix and his marketing companies sold these prescriptions to pharmacies under the guise of marketing services, and the payments solicited were based on the volume and value of the prescriptions.
“The United States Attorney’s Office is committed to protecting TRICARE and other federal health care programs from improper practices that harm our nation’s healthcare programs,” said U.S. Attorney Chapa Lopez. “Those who generate prescriptions for profit and violate the Anti-Kickback Statute will be held accountable.”
“Prescriptions and other medical services resulting from kickbacks undermine the integrity of our health care system,” said U.S. Attorney Overbey. “Telemedicine is a valuable service for our citizens, but it must not be abused. We will take action against individuals who break the law to make a profit at the expense of our federal healthcare programs and ultimately at the expense of the American taxpayer.”
“Telemarketing fraud is a major threat to the integrity of the Medicare program,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “Unscrupulous companies collect patient information then sell it to pharmacies and other medical providers in exchange for kickbacks.”
U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office, stated, “The U.S. Postal Service spends billions of dollars per year in workers compensation-related costs, most of which are legitimate. However, when medical providers or companies choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible. To report fraud or other criminal activity involving the Postal Service, contact our special agents at www.uspsoig.gov or 888-USPS-OIG.”
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and our law enforcement partners to ensure that individuals do not unjustly enrich themselves by abusing the Department of Defense TRICARE program. DCIS protects the integrity of DoD programs by rooting out fraud, waste, and abuse which diverts American taxpayer dollars intended to support our Warfighters,” said Special Agent in Charge, Cyndy Bruce, Southeast Field Office.
“Today’s settlement demonstrates the commitment of the Office of Personnel Management Office of the Inspector General and our law enforcement partners at the Department of Justice to ensuring that federal health care programs, including the Federal Employees Health Benefits Program, are protected from fraud and abuse,” said Thomas W. South, the OPM Deputy Assistant Inspector General for Investigations. “I am immensely proud of the work our office has done to not only safeguard taxpayer dollars, but also protect the health and wellbeing of federal employees, annuitants, and their families.”
“This settlement emphasizes the collaborative effort by the FBI and our law enforcement partners to target those individuals who cheat the system and destroy public trust in our federally funded healthcare programs,” said Michael F. McPherson, Special Agent in Charge of the FBI Tampa Division.
The settlement resolves allegations that, beginning in September 2014, Health Savings Solutions, at the direction of Roix, received payments from Oldsmar Pharmacy that were based on the value and volume of prescriptions solicited by Health Savings Solutions in violation of the Anti-Kickback Statute, and the False Claims Act. These allegations were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims, and to receive a share of any recovery. The qui tam case against Roix and Health Savings Solutions was filed by Jennifer Silva and Jessica Robertson and is captioned: United States ex rel. Silva, et al. v. Vici Marketing, LLC, et al., Middle District of Florida (Case No. 8:15-cv-444-T-33TGW). Ms. Silva and Ms. Robertson will receive $287,500 of the settlement.
The settlement also resolves allegations that, from June 2015 through October 2018, HealthRight, at the direction of Roix, received payments from Synergy Pharmacy that were based on the value and volume of prescriptions solicited by HealthRight on behalf of Synergy Pharmacy. These allegations were also the subject of a criminal case captioned United States v. Scott Roix, et al., Eastern District of Tennessee (Case No. 2:18-cr-133), in which Roix and HealthRight pleaded guilty in September 2018.
This investigation was a collaborative effort between the U.S. Attorneys’ Office of the Eastern District of Tennessee and the Middle District of Florida. It was handled by Assistant U.S. Attorneys Jeremy Dykes, Michael Kenneth, and Jessica Sievert, with support from HHS-OIG, OPM-OIG, USPS-OIG, DOD-DCIS, and FBI.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Collier County Man Sentenced to 15 Years for Production of Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced McEndy Alce (33, Immokalee) to 15 years in federal prison for production of child pornography. The court also ordered Alce to forfeit two iPhones and an iPod Touch that had been used to facilitate the offense.
Alce had pleaded guilty on April 30, 2019.
According to court documents, on November 18, 2015, Alce, using the email address [email protected], contacted a 16-year-old girl in California on her iPhone via iMessage. Alce informed the girl that he had hacked her account and instructed her to go to her Twitter account, where she discovered that nude photographs of herself, which had been stored on her phone, had indeed been posted to her Twitter account. Alce told the girl that he had just started posting the photos of her on her Twitter account and, he told her to log onto a video chat site and to change her clothes in front of the webcam. Alce then instructed the girl to log onto Skype, where he told her to remove her clothes for the Skype camera. He positioned her on a bed, and instructed her to remain there until he was finished. Alce told the victim to do what he said, and that, if she did, she would never hear from him again. The girl exposed herself to the webcam, as Alce instructed, until he sent her a message advising that he was done.
After the victim reported Alce to law enforcement, FBI agents located him in Immokalee. On May 3, 2016, a search warrant was executed at Alce’s home where he admitted to creating the email address that he had used to contact the victim. He also admitted to scamming multiple people online to get their passwords, including his victim in this case. Alce said that he duped the girl into giving him the password for her email address, and he admitted that he had communicated with the girl on Skype. Alce also admitted that he had tricked the minor, and that a video of the session with the girl could be on the hard drive of his laptop.
The forensic analysis of Alce’s iPhones and iPod Touch revealed messages in which he portrayed himself to be a member of the Snapchat security team, a member of the SKYPE security team, or a member with YOUNOW. The messages read “someone has attempted to change the password on your account,” and the individual was instructed to reply with her password “to disallow the change password to become active.”
This case was investigated by the Federal Bureau of Investigation Innocent Images Task Force, which includes Charlotte County Sheriff’s Office, and with assistance from the FBI Office in Sacramento, California. It is being prosecuted by Assistant United States Attorney Yolande G. Viacava.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Wellington Couple Pleads Guilty to Conspiracy to Commit Theft of Government Funds and Aggravated Identity TheftRead the Press Release
Orlando, Florida – Billy Altidor (28, Wellington) and Evanie Louis (27, Wellington) have pleaded guilty to conspiracy to commit theft of government funds and aggravated identity theft. Each faces a maximum penalty of five years in federal prison on the conspiracy charge, and a consecutive mandatory minimum of two years’ imprisonment, on the aggravated identity theft charge. A sentencing date has not yet been set.
According to the plea agreement, Altidor, Louis, and their co-conspirators used stolen personally identifiable information (PII) to access the “My Social Security” (MySSA) online portal and redirect Social Security benefit payments to accounts controlled by the conspirators. The conspirators accessed or attempted to access MySSA accounts belonging to over 1,400 different individuals, without the victims’ knowledge or authorization.
Louis, Altidor, and their co-conspirators also used stolen PII to file false tax returns and directed the fraudulently obtained tax refunds into accounts controlled by the conspirators. In addition, they used stolen identities to activate debit cards and bank accounts to receive the fraudulent tax refunds.
This case was investigated by the Social Security Administration – Office of the Inspector General, the Internal Revenue Service – Criminal Investigation, and the Department of the Treasury – Office of the Inspector General. It was prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Thirteenth Member of “Manche Boy Mafia” Sentenced to More Than Five Years for Tax and Identity Theft CrimesRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Aaron Troupe (30, Tampa) to five years and one month in federal prison for theft of government property and aggravated identity theft stemming from the filing of fraudulent tax returns using stolen identities. The court also ordered Troupe to pay $449,529.97 in restitution to the IRS.
Troupe had pleaded guilty on April 17, 2019.
According to court documents, from 2012 through 2018, Troupe, who was a member of the “Manche Boy Mafia” or “MBM” gang, engaged in stolen identity refund fraud (SIRF) and credit card fraud. In August 2016, a property cleaning service unearthed a laptop, notebooks containing personally identifiable information (PII), and firearms from the backyard of a rental property in Tampa that had been abandoned by the most recent tenants. The cleaning service turned the abandoned property over to the Tampa Police Department. Further investigation determined that one of the ledgers contained information, including fingerprints and addresses, linked to Troupe. Troupe also had debit cards issued in his name that had been loaded with fraudulently obtained federal income tax refunds.
The IRS determined that for the tax years 2011-2013, fraudulent tax returns associated with Troupe were filed claiming refunds totaling $1,295,583, which resulted in the IRS paying out refunds totaling approximately $449,529.97.
This case was investigated by the Tampa Police Department, the Internal Revenue Service – Criminal Investigation, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Lakeland Man Sentenced to More Than 41 Years on Child Pornography ChargesRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Honeywell today sentenced Edwin Santiago (43, Lakeland) to 41 years and 8 months in federal prison for attempted production and possession of child pornography.
Santiago had pleaded guilty on April 22, 2019.
According to court documents, Santiago attempted to produce at least two sex abuse videos of an 8-year-old child. Santiago also distributed videos to individuals on the internet with whom he was discussing an interest in child exploitation. During online chats, Santiago expressed a desire to watch others sexually abuse the child and asked for volunteers to give the child sex lessons. Santiago also discussed and negotiated prices for the child’s virginity.
Santiago used internet-based platforms to distribute sex abuse material that included young children, toddlers, and sadomasochistic conduct. He also possessed over 100 images and over 100 videos of child pornography on his phone.
“The vile crimes committed by this child predator are beyond comprehension,” said Homeland Security Investigations Tampa Assistant Special Agent in Charge Micah McCombs. “We hope today’s sentencing is another step in the recovery for his victim.”
This case was investigated by the Department of Homeland Security, Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Frank Murray.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Gang Member Sentenced to Five Years in Federal Prison for Selling Crack CocaineRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Natario Bernard Peterson (22, Jacksonville) to five years in federal prison for distributing crack cocaine. Peterson had pleaded guilty on March 27, 2019.
According to court documents and information presented at sentencing, Peterson, a mid-level member of the Rollin’ 20s gang, sold crack cocaine to an undercover detective with the Jacksonville Sheriff’s Office (JSO) on three occasions in 2018. On one of those occasions, Peterson teamed up with co-defendant Dashawn Rose to sell the crack cocaine. During the transaction, Rose was concealing a large, AR-style pistol with a drum magazine in his pants.
On July 18, 2019, Rose pleaded guilty to distribution of crack cocaine and possession of a firearm in furtherance of a drug trafficking crime. He faces a mandatory minimum sentence of five years, and up to life, in federal prison. His sentencing is set for October 30, 2019.
At the time, the Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with JSO, was conducting a long-term investigation of the Rollin’ 20s gang. In September 2018, Peterson admitted that he had authorized another Rollin’ 20s gang member, David Brian Edwards, to carjack his ex-girlfriend at gunpoint. Edwards entered his ex-girlfriend’s vehicle and forced her, at gunpoint, to follow another vehicle, which was driven by Peterson. After the vehicles came to a stop, Edwards put his gun to the victim’s head and told her that he was there to kill her. Edwards then hit the victim in the face multiple times with the gun and kicked her as she escaped from the vehicle.
Edwards was prosecuted by the State Attorney’s Office and sentenced to 20 years in state prison for his role in the armed carjacking.
In September and October 2018, Peterson stated his intention to prevent the carjacking victim and a witness from testifying against him. In one conversation, he stated that he was going to get the witness “out the way” and “we gonna have a funeral.”
“This sentencing represents ATF’s commitment to continually work with our law enforcement partners to protect the citizens of our communities from those that choose to commit violent firearms-related crimes,” said ATF Special Agent in Charge Daryl McCrary.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jacksonville Sheriff’s Office, and the State Attorney’s Office, Fourth Judicial Circuit. It is being 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.
St. Augustine Man Pleads Guilty to Attempting to Entice and Meet Two Young Children to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – Brian Ray Dunlap (67, St. Augustine) has pleaded guilty to attempting to entice two young children to engage in illegal sexual activity. Dunlap faces a mandatory minimum penalty of 10 years, and up to life, in federal prison, and a potential life term of supervised release. A sentencing date has not yet been set.
According to court documents, on October 6, 2018, a detective with the St. Johns County Sheriff’s Office, who was posing online as a custodial family member of two children (ages 9 and 12), received an email message from Dunlap, who identified himself as “Brian.” Between October 6, 2018 and October 9, 2018, Dunlap and the undercover detective exchanged emails and text messages about Dunlap’s desire to meet the “children” to engage in sexual activity with them. Dunlap advised that he was an amateur photographer and that he wanted to “[t]ake their pictures naked” and perform oral sex on them. Dunlap further provided the undercover detective with graphic details about the sexual acts that he wished to perform on the two “children,” and offered to pay the undercover detective $200 for sex with them and pornographic pictures of the “children.”
On October 9, 2018, Dunlap traveled to a prearranged location in St. Johns County to meet the undercover detective and the two “children.” Upon his arrival, he was arrested. During an interview, Dunlap admitted that he had responded to the online notice posted by the undercover detective, had engaged in online conversation with that person, and that he had traveled to the particular location to meet that person and the two “children.”
This case was investigated by the St. Johns County Sheriff’s Office and the Federal Bureau of Investigation (Jacksonville Office). It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please
visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Prolific Fentanyl Dealer Pleads GuiltyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Willie Bryant (25, Parrish) has pleaded guilty to conspiracy to distribute 400 grams or more of fentanyl. He faces a mandatory minimum sentence of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Bryant conspired to distribute fentanyl from at least September 2018 through February 27, 2019. In early 2019, Bryant sold fentanyl in increasing amounts to an undercover detective on multiple occasions. On February 27, 2019, Bryant again met the undercover detective to sell an ounce of fentanyl. When Bryant arrived at the meeting location, law enforcement detained him and recovered the fentanyl. During an interview with investigators, Bryant admitted to having obtained over a kilogram and a half of fentanyl from a variety of sources of supply during the previous six months, which he then distributed.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Hot Batch.” The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
The investigation was conducted by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.
Orlando Man Sentenced to 10 Years for Robbing Four Banks in Central and North FloridaRead the Press Release
Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Robert Ray (47, Orlando) to 10 years in federal prison for bank robbery. Ray had pleaded guilty on April 9, 2019.
According to court documents, Ray robbed two banks and attempted to rob a third in central Florida on December 14 and December 17, 2018. On December 20, 2018, he robbed a fourth bank in Live Oak, Florida. At each bank, Ray walked through the front door and waited in line for the teller. When he approached the window, Ray asked the teller for “all the $100s and $50s.” In total, Ray obtained $7,200.
This case was investigated by the Federal Bureau of Investigation and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Nathan W. Hill.
Ocala Convicted Felon Pleads Guilty to Federal Firearm and Ammunition ChargeRead the Press Release
Ocala, Florida – David Walter Hendershot (41, Ocala) today pleaded guilty to an indictment charging him with possession of a firearm and ammunition affecting commerce by a previously convicted felon. Hendershot faces a maximum penalty of 10 years in federal prison. A sentencing date has been set for October 25, 2019.
According to the facts described in open court, on March 30, 2019, a City of Ocala police officer discovered Hendershot asleep behind the wheel of a running automobile. Hendershot told the officer that he had been using illegal drugs and that there likely was a firearm in the automobile. A subsequent search revealed a baggie of fentanyl on Hendershot’s person and a loaded handgun in the center vehicle console.
Hendershot confessed that he had a prior robbery conviction in New York. He also admitted that he illegally carried the firearm because he was not going to be “caught without a gun, need it, and not have it.” As a convicted felon, however, Hendershot is prohibited from possessing firearms and ammunition under federal law.
This case was jointly investigated by the Ocala Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Jacksonville Man Sentenced to 5 Years in Federal Prison for Distributing Child Sex Abuse Photos over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Marc Lionel Lewis (52, Jacksonville) to five years in federal prison for distributing images depicting the sexual abuse of young children over the internet. Lewis had pleaded guilty on April 4, 2019. Lewis was also ordered to serve a 12-year term of supervised release, pay $5,100 in court assessments, and register as a sex offender.
According to court documents, agents with Homeland Security Investigations (HSI) began an investigation to identify individuals who were using a particular online file-sharing network to access and distribute child pornography. The agents confirmed that a host computer located in Jacksonville was offering files depicting child pornography for sharing over the internet. They downloaded images of an infant, a toddler, and other young children being sexually abused from this host computer. Further investigation revealed that these files were being shared by Lewis.
On July 17, 2017, HSI agents executed a search warrant at Lewis’ residence. Forensic analysis of Lewis’s computer media revealed approximately 40 images of child pornography and 142 images of child erotica. Lewis had unsuccessfully attempted to delete these files using file shredding software. By accessing child pornography through this file sharing program, Lewis knowingly made it available for sharing and distribution.
This case was investigated by Homeland Security Investigations. 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.
Indian National Sentenced to More Than 20 Years for Filming Sexual Abuse of an 11-Year-Old ChildRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Divesh Valanju (30, India) to 21 years and 10 months in federal prison for producing child pornography. Valanju had pleaded guilty on April 11, 2019.
According to court documents, Valanju met an 11-year old child via two online messaging apps. He lied about his name on the apps and exchanged sexually-explicit images with the child. On two occasions, Valanju arranged to meet the child at Max Hasse Park in Collier County. After the victim’s parents dropped her off at the park, purportedly to meet her friends, Valanju picked the child up, drove her to a motel and filmed sex acts that he performed with the child.
This case was investigated by the Federal Bureau of Investigation’s Innocent Images Task Force. It was prosecuted by Assistant United States Attorney Charles Schmitz.
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.
Coconut Creek Man Sentenced to Seven Years and Miramar Man Sentenced to More Than Four Years for Counterfeiting SchemeRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Wesley Anderson (26, Coconut Creek) to seven years in federal prison, and Christopher Stewart (20, Miramar) to four years and nine months in federal prison for their roles in a counterfeiting check scheme. The court also ordered Anderson and Stewart to pay restitution to financial institutions in the total amount of almost $80,000.
Anderson had pleaded guilty on May 13, 2019, and Stewart had pleaded guilty on April 15, 2019. On May 6, 2019, a third conspirator, Allen Griffin (23, Coral Springs), was sentenced to four years and nine months’ imprisonment in connection with this scheme.
According to court documents, during the summer of 2018, Anderson, Stewart, and Griffin created counterfeit checks and obtained access to individual bank accounts into which they deposited the counterfeit checks. The conspirators then withdrew the funds from the accounts before the fraud was detected. Anderson, Stewart, and Griffin deposited counterfeit checks totaling more than $370,000 in Orlando-area banks.
On August 3, 2018, Anderson and Griffin were arrested at a hotel in Orlando. They had blank check stock paper, a printer, and a laptop that they had used to create counterfeit checks, computerized images of signatures used on the counterfeit checks, and ATM cards that had been used in the scheme. All three individuals were also captured on bank surveillance video depositing counterfeit checks and making withdrawals from accounts where the counterfeit checks had recently been deposited.
This case was investigated by the United States Secret Service, with assistance from the Orange County Sherriff’s Office. It was prosecuted by Assistant United States Attorney Dana E. Hill.
Cape Coral Fisherman Pleads Guilty in Scheme to Overharvest Gulf Reef FishRead the Press Release
Fort Myers, FL - United States Attorney Maria Chapa Lopez announces that Mark E. Zywotko (47, Cape Coral) has pleaded guilty to four counts of mail fraud. Zywotko faces a maximum penalty of 20 years in federal prison for each count. A sentencing date has not yet been set.
According to the plea agreement, from January 2013 through December 2017, Zywotko perpetrated a scheme to overharvest more than 50,000 pounds of Gulf reef fish from the waters off Southwest Florida. These illegally-caught fish were worth more than $286,000. Zywotko knowingly and illegally harvested, landed, and sold federally-regulated Gulf reef fish, including red grouper and red snapper, and submitted false documents, via the U.S. Mail, to state and federal agencies in order to conceal his overfishing.
Regulation of the Gulf reef fish fishery is a lawful function of the National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (“NMFS”). NMFS is tasked with managing the fishery to ensure its sustainability and economic viability in the Gulf of Mexico across the southeastern United States.
NOAA's mission is to understand and predict changes in the Earth’s environment, from the depths of the ocean to the surface of the sun, and to conserve and manage our coastal and marine resources.
“The Individual Fishing Quota program was designed to increase the marketability of our Gulf of Mexico snapper/grouper commercial fishery - an extremely vital fishing resource in the southeast U.S.,” said Manny Antonaras, Deputy Special Agent in Charge for NOAA's Office of Law Enforcement, Southeast Division. “We will not tolerate such violations to our nation’s economy nor our natural resources, and we commend the investigative team who spent hundreds of hours on this case.”
This case was investigated by investigated by National Oceanic and Atmospheric Administration National Marine Fisheries Service’s Office of Law Enforcement, Southeast Division and the Florida Fish and Wildlife Conservation Commission. It is being prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
St. Petersburg Man Sentenced to More Than Eight Years for Armed Drug TraffickingRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Antonio Morrow (42, St. Petersburg) to eight years and five months in federal prison, for possessing with the intent to distribute cocaine, cocaine base, and hydromorphone, and for possessing a firearm in furtherance of a drug trafficking crime. Morrow had pleaded guilty on May 1, 2019.
According to court documents, on December 1, 2018, officers from the St. Petersburg Police Department initiated a traffic stop of Morrow’s car, after witnessing him fail to yield to pedestrians in a crosswalk. The officers noticed the smell of marijuana as they approached Morrow’s car. When the officers removed Morrow from his car and collected his identification card to run a records check, Morrow ran away. He went a short distance before tripping and falling down. As he was falling, Morrow attempted to discard a firearm and a small bag of cocaine. The officers recovered the firearm and cocaine and also recovered $2,726 from Morrow’s person during a pat down search. The officers also found 30 hydromorphone pills and 18 pieces of cocaine base in Morrow’s car.
This case was investigated by the St. Petersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms Explosives. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
This case was 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.
Mother and Son Plead Guilty to Fentanyl Distribution with Serious Bodily InjuryRead the Press Release
Tampa, Florida – Jeffrey Luis Rodriguez (34, Tampa) and Mary Bell Rodriguez (62, Tampa) have each pleaded guilty to one count of conspiracy to distribute a mixture and substance containing a detectable amount of fentanyl and heroin, causing serious bodily injury. Jeffrey Rodriguez also pleaded guilty to one count of distributing heroin causing serious bodily injury, and six counts of aiding and abetting the distribution of heroin and fentanyl. Mary Bell Rodriguez pleaded guilty to three counts of aiding and abetting the distribution of heroin and fentanyl. Each faces a mandatory penalty of life in federal prison.
According to court documents, from at least March 2017 and continuing through May 2018, Jeffrey Luis Rodriguez and Mary Bell Rodriguez were members of a conspiracy that distributed fentanyl and heroin, from their vehicle, around the Town and Country area of Hillsborough County. During the span of the conspiracy, the fentanyl that they had distributed led to many overdoses, including the serious bodily injury overdose of D.C.H.
Subsequently, the Hillsborough County Sheriff’s Office began an investigation of members of the conspiracy. Between January and May 2018, undercover law enforcement officers purchased narcotics from Jeffrey Luis Rodriguez and Mary Bell Rodriguez on various occasions.
This case was investigated by the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael C. Baggé-Hernández.
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.