Middle District of Florida
Press releases recorded for this federal judicial district.
Jacksonville Armed Career Criminal Sentenced to More Than 18 Years for Illegally Possessing FirearmRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Todd Levant Asbey Sr. (48, Jacksonville) for possessing a firearm as a convicted felon. Asbey, who was on federal supervised release at the time of the offense, received sentences of 15 years and 8 months in federal prison for illegally possessing the firearm and 2 years 6 months’ imprisonment (to be served consecutively) for violating the terms and conditions of his supervised release. Asbey had pleaded guilty on March 5, 2019.
According to the plea agreement and evidence presented at the sentencing hearing, on March 11, 2018, Asbey entered a Waffle House restaurant in Jacksonville carrying a 9 mm pistol, in search of an individual whom he believed had stolen his cellphone. After accosting a customer and striking him in the head, Asbey went out into the restaurant parking lot and discharged the pistol toward the customer and another individual, missing both. Patrol officers from the Jacksonville Sheriff’s Office responded pursuant to 911 calls and arrested Asbey as he was leaving the scene in a vehicle being driven by a friend. In the vehicle, officers found the pistol Asbey had fired and two other firearms. The officers also located a cartridge case in the Waffle House parking lot that matched the pistol fired by Asbey. At the time, Asbey had multiple prior felony convictions, including a conviction for robbery and three convictions for possession of narcotics with intent to distribute, and was therefore prohibited under federal law from possessing a firearm.
This case was investigated by the Jacksonville Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney David B. Mesrobian.
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.
United States Settles False Claims Act Cases Against Home Health AgencyRead the Press Release
Tampa, FL – The United States has settled two cases against Nurse on Call, a home health agency with locations in Sarasota and Orlando, that allege False Claims Act violations arising from having a medical director approve care for patients without having seen the patients, the alleged payment of kickbacks in the form of a sham medical director agreement, and payments to the spouses of referring physicians.
Nurse on Call allegedly paid kickbacks in the form of a sham medical directorship to a physician to refer patients to Nurse on Call. The physician allegedly did little, if any, of the work for which Nurse on Call paid him as medical director. Sham medical director agreements to induce patient referrals violate the Anti-Kickback Statute and the Stark Law. Nurse on Call also allegedly paid some employees in a manner that accounted for the volume of referrals by their physician spouses, in violation of the Stark Law. Finally, Nurse on Call allegedly requested another medical director to approve plans of care for patients whom the director never saw, in violation of Medicare regulations.
“The Anti-Kickback Statute and the Stark Law help to ensure that financial interests do not compromise the medical decision-making process,” said U.S. Attorney Maria Chapa Lopez. “Additionally, Medicare regulations requiring physicians to have face-to-face contact with patients helps to ensure that any care provided is necessary and reasonable. Our office will continue to use every tool at our disposal to combat fraud and abuse in our health care programs.”
The Anti-Kickback Statute prohibits anyone from offering or paying remuneration in order to induce or reward referrals for services paid for under federal healthcare programs. The Stark Law forbids certain medical providers, including home health agencies, from submitting claims to Medicare for services provided to patients who were referred by a physician with whom the provider has a prohibited financial relationship, unless that relationship falls within an applicable exception. Finally, Medicare regulations require home health care to be provided pursuant to a plan of care reviewed and approved by a physician who has had recent, face-to-face contact with the patient.
The lawsuits were filed under the qui tam or whistleblower provisions of the False Claims Act, which allow private parties to file suit on behalf of the United States for false claims and receive a share of any recovery. The act permits the United States to intervene in the cases and settle them, as it has done here. A defendant who violates the act is subject to three times the government’s losses, plus applicable penalties.
This case is being handled by Assistant U.S. Attorney Charles Harden of the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the Federal Bureau of Investigation.
The claims made in the complaints are allegations only, and there has been no determination of liability. The cases are captioned U.S. ex rel. Spencer, et al. v. Emeritus Corp., Nurse on Call, et al., Case No. 8:13-cv-3194-T-30-TGW, and U.S. ex rel. Doe v. Nurse on Call, Case No. 8:15-cv-1043-T-17-TBM.
Tampa Man Arrested and Charged with Trafficking Two Teen GirlsRead the Press Release
Tampa, Florida – Luis Berrios-Trinidad (29, Tampa) has been arrested on a criminal complaint charging him with the human trafficking of minors. If convicted, Berrios-Trinidad faces a mandatory minimum sentence of 10 years, up to life, in federal prison.
According to court documents beginning on May 23, 2019, Homeland Security Investigations agents engaged in undercover communications with Berrios-Trinidad regarding his representations that he was offering underage girls for sex acts in exchange for money. From May 23 to June 6, 2019, agents continued to communicate with Berrios-Trinidad and ultimately set up a meeting with him. On June 6, 2019, Berrios-Trinidad brought two minor girls to a Tampa-area hotel for the express purpose of engaging in commercial sex acts with the undercover agents, who were posing as adult male customers. Shortly after his arrival at the hotel, Berrios-Trinidad was arrested and the two girls were taken into protective 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 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.
St. Cloud Woman Sentenced for Stealing Social Security and Veterans BenefitsRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Lisa Browne (47, St. Cloud) to five months in federal prison, followed by three years of supervised release, for theft of government property. As part of her sentence, the court also ordered Browne to pay restitution in the amount of $68,319 to the Social Security Administration (SSA) and $66,693.48 to the Department of Veterans’ Affairs (VA).
Browne had pleaded guilty on March 21, 2019.
According to court documents, Browne’s grandfather, C.Z., was receiving Social Security Retirement Insurance Benefits and VA disability benefits. C.Z. passed away on or about February 2, 2014, and C.Z.’s death was never reported to either the SSA or the VA. Consequently, the SSA and VA continued to make benefit payments to C.Z. Browne accessed the funds and used them for personal expenses from in or around February 2014 through in or around March 2018. In total, Browne knowingly and willfully stole or converted approximately $68,319 in SSA benefits and $66,693.48 in VA benefits to which she was not entitled.
This case was investigated by the Social Security Administration, Office of the Inspector General and the Department of Veterans’ Affairs, Office of the Inspector General. It was prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Pinellas Man Sentenced to More Than Seven Years in Prison in Telemarketing ScamRead the Press Release
Tampa, FL – U.S. District Judge Elizabeth Kovachevich today sentenced Martin Steele (46, St. Petersburg) to seven years and five months in prison for his role in a telemarketing fraud scam. As part of his sentence, the court also entered a money judgment in the amount of $75,000, the proceeds of the wire fraud conspiracy. The court also directed that Steele pay a total of $1,162,142.68 to the scheme’s victims.
According to court records, from 2016 through at least 2018, Steele conspired with others to extract money from victims throughout the United States who owned timeshare properties or other pieces of land they desired to sell. Steele and other conspirators placed telephone calls to these victims; impersonated attorneys, real estate officers, and other professionals; and misled those timeshare owners to believe the conspirators had buyers for the victims’ timeshares and other property. The conspirators further advised the victims that the timeshare and property sales could be consummated if the victims made one or more advanced payments to the conspirators for various fees purportedly associated with the sales, such as closing costs, courier services, title searches, transfer fees, and legal fees. Once the victims agreed to pay the bogus fees, the conspirators directed the victims to send money via wire transfers to the defendant or another conspirator, who then withdrew the cash and divided it among the conspirators according to each conspirator’s role in the fraudulent transaction. The conspirators often repeatedly contacted the victims, fraudulently advised them that additional fees were needed in order to complete the sales of their respective timeshares, and continued to dupe them into sending bogus advanced fees until the victims either ran out of money or became aware of the scam.
Several related defendants have pleaded guilty to charges related to this timeshare scheme. Gary Kinard and Mark Boring were sentenced to 7 years and 11 months in federal prison, and 7 years in federal prison, respectively, for wire fraud conspiracy and aggravated identity theft for their roles in the scheme. David Bell was sentenced to 27 months in prison for money laundering conspiracy relating to his role in the scheme. Troy Cater and Richard Bell have each pleaded guilty to money laundering conspiracy and are awaiting sentencing.
This case was investigated by the Federal Bureau of Investigation, the St. Petersburg Police Department, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Rachel K. Jones.
Orlando Man Sentenced to 15 Months for Conspiring to Make and Use Falsified Document in Passport ApplicationRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Manuel Domingo Santana (41, Orlando) to 15 months in federal prison for conspiracy to make and use a false document.
Santana had pleaded guilty on March 21, 2019.
According to court documents, Santana and his co-defendant, Erika Cordova, 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 pleaded guilty on March 21, 2019. Her sentencing is scheduled for July 10, 2019.
“The Diplomatic Security Service (DSS) is firmly committed to making sure those who commit fraud in an attempt to circumvent the two-parent consent law regarding the issuance of a United States passport for a minor face the consequences for their criminal actions. Additionally, we are committed to protecting children and denying the risk or opportunity for parental abduction, while protecting the rights of both parents,” said Frederick R. Stolper, Special Agent-in-Charge of the U.S. Department of State’s (DSS) Miami Field Office. “The strong relationship we have with the Department of Homeland Security’s Document and Benefit Fraud Task Force (DBFTF), the U.S. Attorney’s Office in the Middle District of Florida, and other law enforcement agencies around the world is vital towards ensuring the integrity of U.S. travel documents and protecting greater U.S. interests.”
This case was investigated by the U.S. Department of State’s Diplomatic Security Service and the Department of Homeland Security’s Document and Benefit Fraud Task Force (DBFTF). It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
Jacksonville Pimp and Heroin Dealer Pleads Guilty to Three Counts of Forcible Sex TraffickingRead the Press Release
Jacksonville, Florida – Richard Anthony Moffett, a/k/a “Mook” (31, Jacksonville) today pleaded guilty to three counts of sex trafficking by force, fraud, and coercion. Moffett faces a minimum sentence of 15 years, up to life, in federal prison. A sentencing date has not yet been set.
During the change of plea hearing, Moffett admitted that, in the middle of 2016, he relocated to Jacksonville from Ohio and began residing in various Jacksonville hotels. Sometime in December 2016, Moffett began selling heroin to D.D., one of his victims. D.D. began working for Moffett, providing commercial sex to others, and gave all of the money she made to Moffett. Moffett exploited D.D.’s heroin addiction to coerce her into engaging in commercial sex acts. This continued until around February 2017.
Sometime in February 2017, Moffett began selling heroin to a second victim (S.B.). Moffett invited S.B. and another woman to travel with him to Akron, Ohio, for the stated purpose of meeting Moffett’s two newborn daughters. S.B. and the other woman, who were heroin addicts, agreed to go with Moffett. Once they reached Akron, Moffett obtained hotel rooms and then informed the women that they would need to begin engaging in commercial sex in order to make enough money to travel back to Florida. Both S.B. and the other woman were posted on Backpage.com, and both engaged in commercial sex “dates” while in Ohio. After a few weeks, Moffett transported S.B. and the other woman back to Jacksonville, where he continued to advertise S.B. for commercial sex, taking all of the proceeds, and beating her as punishment for behavior that he did not like. On one occasion, S.B. told Moffett she wanted to leave, and Moffett prepared a bill for all of S.B.’s purported expenses, totaling approximately $3,000.
In mid-April, another victim, S.A., who had been purchasing heroin from Moffett, became homeless and asked Moffett for help. Moffett offered S.A. a place to stay, and the next day, informed S.A. that she would need to begin paying her way. S.A. was posted on Backpage.com, and when a commercial sex “date” was arranged, Moffett provided S.A. with a set of rules on handling money from the “John” and the detection of law enforcement. S.A. engaged in multiple commercial sex dates while under Moffett’s control.
In April 2017, S.A. and another woman were arrested for prostitution by the Jacksonville Sheriff’s Office (JSO). Moffett approached S.A. as she was being arrested, and told a JSO detective that he was not her pimp, but was just “guiding” her. Moffett was waiting outside the jail for S.A. the next day when she was released. In May 2017, S.A. was arrested a second time by JSO, and told an undercover detective that Moffett would come looking for her. During this time, S.B. was able to escape from Moffett.
This case was investigated by the Jacksonville Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the State Attorney’s Office for Florida’s Fourth Judicial Circuit. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor and Special Assistant United States Attorney Erin Wolfson.
Large-Scale Counterfeit Fentanyl Pill Dealer Convicted at TrialRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces that a federal jury has found Dion Gregory Fisher (33, formerly of Seminole) guilty of conspiring to manufacture and distribute fentanyl and fentanyl analogue, and money laundering. Because Fisher was convicted of distributing more than 400 grams of fentanyl and more than 100 grams of fentanyl analogue, he faces a mandatory minimum sentence of 10 years, up to life, in federal prison. In addition to the conspiracy count, the jury found Fisher guilty of five counts of fentanyl distribution and manufacturing and eight counts of committing money laundering transactions involving more than $10,000 of narcotics proceeds. A preliminary order of forfeiture was entered for several high-end vehicles, real property, and jewelry that Fisher had purchased with fentanyl proceeds, as well as for cash proceeds. A sentencing date has not yet been set.
According to the testimony and evidence presented at trial, Fisher and others, including Christopher McKinney, manufactured and distributed hundreds of thousands of counterfeit oxycodone 30 mg blue and white pills that were made with fentanyl, that Fisher had ordered from China. Fisher ordered pill presses from China, some of which were seized by Homeland Security. He also purchased binding and cutting agents used during the pill-manufacturing process. Fisher and McKinney distributed thousands of fentanyl pills to Phil Morose, formerly of Boston, in person when Morose traveled to Tampa, and later by U.S. mail to various addresses in Boston.
Fisher was charged with his co-defendant, Sam Huffman, who had used the pill presses and materials provided by Fisher to press fentanyl pills at his automotive business in Pinellas Park. Fisher also stored fentanyl and fentanyl analogue in a work bay in Clearwater. In January and February 2018, large quantities of fentanyl and fentanyl analogue were seized from both locations, as well as from Fisher’s residence in Seminole, and McKinney’s residence and work bay. More than three kilograms of fentanyl and fentanyl analogue were admitted into evidence during the seven-day trial.
Fisher laundered the proceeds from his fentanyl pill sales with Konrad Guzewicz, who owned and operated automotive and tire-and-rim companies in Pinellas County. Fisher purchased several high-end luxury vehicles, including an Aston Martin, a Bentley, a Maserati, a BMW, and an Audi R8, with fentanyl proceeds. Guzewicz also laundered fentanyl cash proceeds for Fisher. On four occasions, Fisher provided Guzewicz with $35,000 in cash he had obtained from selling fentanyl pills, and Guzewicz in turn wrote Fisher a $30,000 check from his business and personal accounts.
On June 28, 2018, Guzewicz pleaded guilty to four counts of money laundering. He faces up to 10 years in federal prison for each count. His sentencing hearing is scheduled for July 2, 2019.
On July 2, 2018, McKinney pleaded guilty to conspiring to distribute and manufacture more than 4000 grams of fentanyl and more than 100 grams of fentanyl analogue. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for June 28, 2019.
On October 9, 2018, Huffman pleaded guilty to the fentanyl conspiracy and is scheduled to be sentenced on June 24, 2019. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison.
On January 26, 2019, Morose pleaded guilty to conspiring to distribute and manufacture more than 4,000 grams of fentanyl and more than 100 grams of fentanyl analogue. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for July 8, 2019. In a related case, Morose has been indicted on one count of money laundering in Boston.
This case was investigated by the Middle District of Florida Opioid Fraud and Abuse Detection Unit – one of 12 Department of Justice pilot programs created to help combat the devastating opioid crisis that is ravaging families and communities across America and to prosecute individuals that are contributing to the opioid epidemic. It was investigated by the Drug Enforcement Administration, the Pinellas County Sheriff’s Office, the Pinellas Park Police Department, the Tarpon Springs Police Department, the United States Postal Inspection Service, the U.S. Marshals Service, and IRS – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Kelley Howard-Allen, Maria Guzman, and Greg Pizzo.
Illegal Alien Charged with Fraudulent Use of A Social Security Number and Identity TheftRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Elizabeth Farina-Torres (42, Orange Park) with five counts of fraudulent use of a Social Security number (SSN) and five counts of aggravated identity theft. If convicted, she faces up to five years in federal prison on each count of fraudulently using an SSN, and a mandatory penalty of two years’ imprisonment for each identity theft charge. The United States also notified Farina-Torres that it will seek restitution for the victim of the offenses.
According to court documents, in approximately 2008, Farina-Torres, an undocumented alien and a citizen of the Dominican Republic, began using an SSN belonging to a U.S. citizen with a similar name and the same date of birth. In 2017, the Orange Park Medical Center reported to the Clay County Sheriff’s Office (CCSO) a complaint from the citizen-victim that someone had used her SSN at the hospital four times in 2016. Hospital records showed that the person who had used the SSN was Farina-Torres.
The victim, who lived in Palm Beach County, told investigators that her credit report reflected collection accounts totaling $4,583.92 arising from the four hospital visits. The credit report also reflected two fraudulently obtained credit cards and charges from a Jacksonville radiology office in the amount of $3,947. The victim also had received calls from collection agencies about accounts that were fraudulently opened by Farina-Torres. The victim stated that she has spent countless hours repairing the credit issues caused by Farina-Torres, that she had to engage a credit monitoring and repair service to assist her, and that her credit score was damaged as a result of Farina-Torres’s actions.
Further, in July 2016, the victim was mistakenly arrested at Miami International Airport pursuant to a warrant issued in Massachusetts for the arrest of Farina-Torres. The victim was detained before eventually convincing law enforcement that she was a victim of identity theft.
During the investigation, CCSO learned that Farina-Torres had used the victim’s SSN at an Orange Park rental furniture store in April 2015. Farina-Torres failed to make the required payments for the furniture and most of the furniture was repossessed, except for some mattresses that Farina-Torres said had been damaged and thrown out. Farina-Torres was charged with failure to redeliver leased property, but the charge was subsequently dropped.
An indictment is merely a formal charge that a defendant has violated one or more of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations and the Clay County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Former Advanced BioHealing CEO to Pay $2.5 Million to Settle False Claims Act AllegationsRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces today that Kevin Rakin, the former Chairman and CEO of Advanced BioHealing (ABH), has agreed to pay the government $2.5 million to settle False Claims Act allegations that he knowingly allowed ABH sales representatives to use kickbacks and other unlawful methods to induce clinics and physicians to use or overuse its product, “Dermagraft.” Dermagraft is a bioengineered human skin substitute approved by the FDA for the treatment of diabetic foot ulcers. The Anti-Kickback Statute prohibits, among other things, the payment of remuneration to induce the use of medical devices covered by Medicare, Medicaid and other federally funded health care programs.
“Kickbacks that incentivize the sale of medical devices undermine the integrity of our health care system,” said U.S. Attorney Maria Chapa Lopez. “We will take action against individuals who break the law to inflate the value of their companies at the expense of our federal healthcare programs.”
“We will continue to hold accountable individuals who knowingly allow sales practices that result in false claims, as the government contended in this case,” said Shimon R. Richmond, Special Agent in Charge, Office of Inspector General for the U.S. Department of Health and Human Services. “The millions of people depending on government healthcare programs and the taxpayers who fund those programs should expect nothing less.”
The settlement resolves allegations that Rakin allowed Dermagraft salespersons to unlawfully induce clinics and physicians with lavish dinners, entertainment, and travel; medical equipment and supplies; unwarranted payments for purported speaking engagements and bogus case studies; and cash, credits, and rebates, to induce the use of Dermagraft. Claims filed in violation of the Anti-Kickback Statute are considered false or fraudulent under the False Claims Act. In addition, the Anti-Bribery statute and the Federal Acquisition Regulations prohibit bribes to government officials or employees, including Department of Veterans Affairs (VA) physicians, to obtain a contract or favorable treatment under a supply contract. The United States alleged that as a result of his conduct, Rakin caused millions of dollars in false claims to be submitted to federally funded health care programs for Dermagraft.
The allegations resolved by the settlement 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 Rakin was filed by Heather Webb, a former ABH sales representative, and is captioned: United States ex rel. Webb v. Advanced BioHealing, Inc., Case No. 8:14-cv-1055-T-30EAJ. Ms. Webb will receive at least $550,000 of the settlement.
In 2011, Shire plc (Shire) acquired ABH and named Rakin president of its newly-formed subsidiary, Shire Regenerative Medicine. In January 2017, Shire paid the United States $350 million to settle similar federal and state False Claims Act allegations related to the promotion of Dermagraft.
This matter was investigated by the U.S. Department of Health and Human Services, the FBI, the VA–Office of Inspector General, and the Department of Defense Criminal Investigative Service. It was prosecuted by Assistant United States Attorney Sean Keefe.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Pasco County Man Who Threatened Iraqi-American Family Arrested and Charged with Criminal Civil Rights Violation, Obstruction of JusticeRead the Press Release
Tampa, Florida – David Allen Boileau (58, Holiday) has been arrested on a federal criminal complaint charging him with criminal interference with a right to fair housing and obstruction of justice though witness tampering. If convicted, Boileau faces a maximum penalty of 1 year in prison for the criminal civil rights violation and up to 20 years’ imprisonment for witness tampering.
According to the
complaint , over the course of several months, Boileau engaged in a course of conduct intended to threaten and intimidate an Iraqi-American family so that they would move out of their neighborhood and, more broadly, leave the United States. The family, now naturalized United States citizens, had immigrated to the United States from Iraq in 2015, through a refugee visa.According to court documents, Boileau threw screws at a car parked on the family’s property, broke into their house, and went through the family’s mail. Boileau also made several bigoted statements regarding the family’s national origin and religion, referring to them as “ISIS” and an “eyesore to this country,” further adding that he disliked people of Middle Eastern descent. Witnesses reported that on one occasion, Boileau yelled at the family to get out of his neighborhood and country. Boileau said that his goal was to “take care of that family” and to “clean up America.” Boileau also threatened to physically harm witnesses who reported his conduct to local law enforcement authorities.
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 Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Frank Murray.
Florida Man Arrested for Possessing Destructive Devices After an Improvised Explosive Device Was Found at Veterans Affairs HospitalRead the Press Release
Tampa, Florida – Mark Edward Allen (60, St. Petersburg) has been arrested and charged by a federal criminal complaint for the possession of unregistered explosive devices. If convicted, he faces a maximum penalty of 10 years in federal prison. Allen made his initial appearance in federal court on June 4, 2019, and has been detained.
According to the criminal complaint, on or about May 29, 2019, Allen placed an improvised explosive device at the Veterans Affairs Hospital in Bay Pines, Florida. Law enforcement personnel from the FBI, the Tampa Police Department, and other law enforcement agencies responded to the VA Hospital, and a bomb squad determined that the device contained a 9-volt battery, electrical wires, an improvised initiator, an unknown powder, and a clothespin switch. Bomb technicians ultimately rendered the device safe.
Approximately two days later, an individual called law enforcement and reported that Allen had been making other devices in his home. The individual had one of the devices, which was similar to the device found at the VA Hospital and contained electrical wires, an unknown black powder, and light-bulb initiator. Bomb technicians rendered the device safe. Ultimately, the FBI determined that Allen was responsible for both devices.
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 Federal Bureau of Investigation, with assistance from the Tampa Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Department of Veterans Affairs Police, the Department of Veterans Affairs - Office of Inspector General, the Florida Department of Law Enforcement, and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Daniel George.
Federal Jury Convicts Former Southwest Florida Real Estate Broker in Half Million Dollar Fraud SchemeRead the Press Release
Fort Myers, Florida – A federal jury has convicted former real estate broker Aaron Eyerman (38, Cape Coral) in a scheme to defraud an investor of $561,000. Following a six-day trial, the jury found Eyerman guilty of three counts of wire fraud, eight counts of money laundering, and one count of false oath in relation to a bankruptcy proceeding. Eyerman’s sentencing hearing is scheduled for September 9, 2019.
According to the evidence presented at trial, Eyerman met the victim, a retired schoolteacher from Pennsylvania, working in the real estate industry. In 2015, Eyerman made false statements to the victim and convinced her to invest $300,000 in a real estate venture. Specifically, Eyerman indicated they would “flip” houses; that is, buy, rehab, and re-sell properties. Instead of using the money for that purpose, Eyerman gambled away a large portion of the money at casinos and, over a matter of seven weeks, spent the remainder on personal luxury goods, including a custom Porsche 911, a $12,700 Rolex watch, and a $50,000 down payment on his personal luxury waterfront residence in Cape Coral, Florida.
Without telling the victim that he had already spent all of her initial investment, Eyerman went back to her in August 2015, seeking more money. This time, Eyerman lied about a second business opportunity – a purported new home construction company. Eyerman convinced the victim to provide him with another $261,000, which he immediately spent for personal use, including gambling most of it away at the Seminole Indian Casino in Immokalee, Florida. In total, Eyerman defrauded the victim of $561,000.
After the victim sued to get her money back, Eyerman declared bankruptcy to avoid his debt, and lied under oath, about how he had spent the $561,000.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Charles Schmitz and Kyle Cohen.
Daytona Beach Armed Career Criminal Sentenced to 10 Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced James Joseph Bryant (49, Daytona Beach) to 10 years in federal prison for possessing a firearm as a convicted felon. Due to his multiple prior felony convictions, Bryant qualified for an increased penalty under the Armed Career Criminal Act. The court also ordered Bryant to forfeit the 9mm pistol and ammunition used during the offense.
Bryant had pleaded guilty on September 24, 2018.
According to court documents, Bryant was carrying a loaded firearm when Volusia County Sheriff’s Office deputies contacted him on February 22, 2018 to serve three felony arrest warrants. At the time, Bryant had multiple prior felony convictions and therefore was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Volusia County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Orlando Man Sentenced for Filing Fraudulent Immigration Documents That Resulted in More Than 300 Temporary Workers Fraudulently Entering the United StatesRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Marvin Mushia Smith (41, Orlando) to 10 months’ imprisonment for visa fraud. Smith had pleaded guilty on August 14, 2018.
According to court documents, in April 2017, members of Orlando’s Homeland Security +Investigation’s (HSI) Document and Benefit Fraud Task Force (DBFTF) identified numerous requests for abnormal numbers of alleged “required” foreign temporary nonagricultural workers, called “H-2B” visas. The task force linked all of these requests to Smith, a naturalized U.S. citizen, originally from Jamaica. Further investigation revealed that from at least as early as December 16, 2014, through March 15, 2018, Smith filed fraudulent labor certification packages and fraudulent immigration petitions with the Department of Labor (DOL) and/or U.S. Citizenship and Immigration Services (USCIS), which resulted in the admission of more than 300 nonimmigrants (H-2Bs), all from Jamaica.
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. To qualify for H-2B nonimmigrant classification, an application/petitioner (Smith, in this case) must establish that, amongst other things, there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. There is a statutory numerical limit, or “cap,” on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30).
In his fraudulent submissions to DOL and USCIS, Smith claimed to have labor contracts with various hotels, construction companies, and/or landscaping businesses for temporary work in the United States. In reality, many of his H-2B petition packages used fake temporary employment contracts as supporting evidence to exhibit the need for the foreign workers in the United States. USCIS approved all 11 of Smith’s H-2B petitions, in large part, because of the fraudulent contracts supplied by Smith. Each of the approved petitions allowed Smith to bring in a different amount of alien workers. On average, each petition allowed him to bring in about 30 workers. Furthermore, law enforcement interviewed several of the H-2B workers admitted under Smith’s fraudulent H-2B packages and they said they had worked at different job sites and performed different duties than those indicated on the petitions.
“Foreign worker visa fraud can have serious national security, public safety, and economic consequences,” said HSI Orlando Assistant Special Agent in Charge David J. Pezzutti. “This case represents the importance of the HSI Document and Benefit Fraud Task Force’s continuing commitment toward protecting the integrity of the immigration system and preserving jobs for U.S. citizens and others lawfully authorized to work.”
“The Diplomatic Security Service is firmly committed to making sure that those who commit visa fraud face consequences for their criminal actions,” said Frederick Stolper, Special Agent-in-Charge of the U.S. Department of State’s Diplomatic Security Service (DSS), Miami Field Office. “The strong relationship we have with the U.S. Attorney’s Office in the Middle District of Florida and other law enforcement agencies around the world is vital towards ensuring the integrity of U.S. travel documents and protecting greater U.S. interests.”
This case was the culmination of the combined investigative efforts of HSI, DSS, DOL-Office of the Inspector General, Customs and Border Protection, and USCIS-Fraud Detection and National Security as a result of HSI’s Document and Benefit Fraud Task Force. HSI created the DBFTF to combat visa fraud and other similar crimes by building upon existing partnerships with other federal and state law enforcement investigators with document and benefit fraud expertise. It was prosecuted by Special Assistant U.S. Attorneys Brandon M. Bayliss and Christina R. Downes, both on assignment from the Office of the Principal Legal Advisor, ICE.
Manatee County Drug Trafficker Sentenced to More Than 13 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge William Jung today sentenced Ryan Cotton (37, Manatee County) to 13 years and 4 months in federal prison for possessing with the intent to distribute 100 grams or more of heroin and fentanyl.
Cotton had pleaded guilty on February 22, 2019.
According to court documents, over a 15-day period in late September and early October 2017, Cotton engaged in $19,000 worth of narcotics transactions with a confidential informant. As a result of those transactions, law enforcement officers secured a search warrant for two properties associated with Cotton. During the execution of the search warrants, the officers seized heroin, fentanyl, $30,000, and a firearm.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Operation 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 was prosecuted by Assistant United States Attorneys Charlie D. Connally and Shauna H. Hale.
Leader of Opioid Distribution Ring Sentenced to 15 Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul Byron has sentenced Trevor John (39, Palm Bay) to 15 years and 8 months in federal prison for conspiracy to distribute oxycodone, hydromorphone, and heroin.
John had pleaded guilty on February 28, 2019.
According to court documents, Trevor John was the leader of a group that distributed thousands of opioid pills in in Cocoa, Florida, between May 2017 and September 2018. During the investigation, law enforcement officers made more than a dozen undercover purchases of opioid pills and intercepted hundreds of communications between John and other members of the conspiracy.
Marcus R. Anderson, Assistant Special Agent in Charge of the DEA Orlando’s District Office stated, “Confronting violent drug trafficking organizations that are distributing fentanyl, diverted pharmaceuticals, and the heroin that is fueling our region’s overdose epidemic is a top priority for the DEA and its law enforcement partners in this investigation: Brevard County Sheriff’s Office, Seminole County Sheriff’s Office, Orange County Sherriff’s Office, Apopka Police Department, Casselberry Police Department, Maitland Police Department, Orlando Police Department, Oviedo Police Department, and Winter Park Police Department.
This case was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad and the Brevard County Sheriff’s Office, with assistance from the Cocoa Police Department, the Orlando Police Department, the Oviedo Police Department, the Maitland Police Department, the Seminole County Sheriff’s Office, the Winter Park Police Department, the Orange County Sheriff’s Office, the Casselberry Police Department, the Apopka Police Department, the Titusville Police Department, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Nathan W. Hill.
Florida Man Pleads Guilty in Telemarketing ScamRead the Press Release
Tampa, Florida – Jamie Frieri (49), a Mexican national who resided in Tampa, Orlando, and Miami, has pleaded guilty to conspiracy to commit wire fraud. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, from 2014 through at least 2018, Frieri conspired with another individual to take money from largely Spanish-speaking victims throughout the United States who wanted to sell their timeshare properties or other land parcels. The conspirators obtained the personal information of the potential victims through multiple sources, including wrongfully acquiring the lists from legitimate timeshare advertising telemarketing companies.
The conspirators called the timeshare owners and falsely told them that they had buyers for the victims’ timeshares and that the sales could be consummated if the victims made one or more payments to the conspirators for various fees purportedly associated with the sales. Once the victims agreed to pay the bogus fees, the conspirators directed them to send money to the conspirators in a variety of ways, including by sending payment in the name of the conspirators’ fraudulent company, Imperial Getaways. The conspirators often repeatedly re-contacted their victims and fraudulently advised them that additional fees were needed in order to complete the sales, and they continued to dupe the victims into sending bogus advance fees until the victims either ran out of money or became aware of the scam.
This case was investigated by the Federal Bureau of Investigation, the St. Petersburg Police Department, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Rachel K. Jones.
Flagler County Man Sentenced to Six Years in Federal Prison for ManufacturingRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced Christopher Brent Heath, (36, Bunnell), to six years in federal prison for manufacturing counterfeit Federal Reserve notes. As part of his sentence, the court ordered Heath to pay restitution to the victims he had defrauded and to forfeit computer media used in the crime. Heath, a 29-time convicted felon, had pleaded guilty on February 14, 2019. The court previously sentenced Christine Marie Beaulieu (37, Bunnell), Heath’s co-defendant, to seven months in federal prison for her role in passing the counterfeit notes.
According to court documents, in May 2018, Heath and Beaulieu were involved with passing counterfeit Federal Reserve notes in Flagler and Volusia Counties. On May 17, 2018, the Flagler County Sheriff’s Office with assistance from the United States Secret Service – Jacksonville Field Office executed a search warrant at Beaulieu’s residence in Bunnell. Inside the residence they located computer media used to manufacture counterfeit bills and chemicals used for bleaching genuine money in furtherance of the counterfeiting process. Law enforcement recovered over $11,000 in counterfeit notes from the residence and attributed several thousand more to Heath and Beaulieu.
This case was investigated by the United States Secret Service - Jacksonville Field Office, the Ormond Beach Police Department, and the Flagler County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Federal Jury Convicts Armed Robbery Crew LeaderRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has convicted Rashid Iman Turner (32, Ft. Myers) for his involvement in a string of armed robberies of banks and retail stores. Following a seven-day trial, the jury found Turner guilty of one count of conspiring to interfere with interstate commerce by robbery, two counts of bank robbery, three counts of interference with interstate commerce by robbery, and three counts of brandishing a firearm in furtherance of a crime of violence. Turner faces a mandatory minimum penalty of 21 years, and up to life, in federal prison. Turner’s sentencing hearing is scheduled for August 20, 2019.
According to evidence presented at trial, Turner and co-defendant Petrie Addison forced entry into at least one retail store in Lehigh Acres shortly after closing time, held the employees at gunpoint, threatened to kill them and their families, forced them to open the safes, and stole the cash from the store. Co-defendant Dakiriya Lias served as their getaway driver. Eventually, Turner and Addison turned their attention to banks. In November 2017, they robbed a Wells Fargo Bank in Spring Hill. In December 2017, co-defendant Zachary Gloster joined the crew and they robbed Seacoast Banks in Arcadia and Port St. Lucie. In each of the bank robberies, the defendants stormed through the bank’s front doors shortly after opening time, held the employees at gunpoint, looted the teller drawers, and fled less than two minutes later.
Addison, Gloster, and Lias pleaded guilty for their roles in this case prior to Turner’s trial. They are currently awaiting sentencing.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Ft. Myers Police Department, the Lee County Sheriff’s Office, the Pasco Sheriff’s Office, the Hernando County Sheriff’s Office, the Florida Highway Patrol, the Arcadia Police Department, the Port St. Lucie Police Department, and the Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael M. Gordon.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Riverview Couple Sentenced for Theft of Government FundsRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Damon Bellamy (40, Riverview) and Quijuania Williams (40, Riverview) to seven years and eight months in federal prison and five years and three months in federal prison, respectively, for theft of government funds. The court will schedule a restitution hearing to determine the amount of restitution they owe to the Internal Revenue Service.
According to court documents, Bellamy and Williams engaged in a conspiracy to file false and fraudulent income tax returns using the personal identification information of unknowing third parties. Bellamy and Williams directed the deposit of the refunds that they had obtained in this manner onto debit cards in their own names and the names of others, including many family members and friends. This conspiracy began before 2010 and continued until June 2013. The court determined that as a result of this conspiracy, Bellamy and Williams caused an actual loss to the Internal Revenue Service of $1,579,567 and that their collective efforts had led to an attempt to collect over $6.3 million in fraudulent refunds.
This case was investigated by the Internal Revenue Service - Criminal Investigation, with assistance from the Hillsborough County Sherriff’s Office. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Indian National Sentenced to More Than Seven Years in Federal Prison for Call Center ScamRead the Press Release
Tampa, FL – U.S. District Judge Virginia Hernandez Covington has sentenced Sharvil Patel (23, Tampa) to seven years and six months in federal prison for conspiracy to commit wire fraud, relating to his participation in an India-based call center scam. As part of his sentence, the court also entered a money judgment of $80,000.
Patel had pleaded guilty on February 6, 2019.
According to court documents, from 2014 through at least 2016, Patel conspired with U.S.-based coconspirators and India-based call centers to extort money from U.S. residents by impersonating IRS officers and misleading victims to believe that they owed money to the IRS and would be arrested and fined if they did not pay their alleged back taxes immediately. The conspirators collected the fraud proceeds by (1) withdrawing cash from prepaid cards purchased and funded by victims; (2) hiring other conspirators (runners) to retrieve money wired by the victims to those runners; and/or (3) hiring runners to open bank accounts into which victims deposited fraud proceeds. The defendants collected the proceeds by providing the runners with the victims’ names, locations, and amounts paid. The runners were directed to retrieve the fraud proceeds in cash and turn the funds over to the defendants, often less a payment to the runner for opening the account or conducting the transaction.
Four others previously pleaded guilty for their roles in the scheme. In March 2019, Alejandro Juarez was sentenced to 15 months in federal prison and Nishitkumar Patel was sentenced to 8 years and 9 months in federal prison. In April 2019, Hemalkumar Shah was sentenced to 8 years and 6 months in federal prison and Brenda Dozier was sentenced to 21 months in federal prison.
“As a proud IRS Special Agent of 20 years, this fraud infuriates me,” stated Special Agent in Charge Mary Hammond of IRS Criminal Investigations Tampa Field Office. “We here at IRS CI recognize the heartache and concern these crooks cause innocent people. This is why we are eager to team up with our law enforcement partners to track down these impersonators in whatever corner of the globe they may be hiding.”
“This terrible scam took advantage of people who wanted to comply with what they thought were proper authorities,” said FDLE’s Tampa Special Agent in Charge Mark Brutnell. “Thank goodness, investigators from several agencies were able to put an end to it and those responsible will no longer be able to mislead innocent people.”
“Over the last several years, American taxpayers have been subjected to unprecedented attempts to fraudulently obtain money by individuals impersonating Internal Revenue Service employees,” said J. Russell George, Treasury Inspector General for Tax Administration. “Victimizing taxpayers by impersonating IRS employees is a serious crime,” George continued. “TIGTA and our law enforcement partners will continue working to ensure that those involved in the impersonation of IRS employees are prosecuted to the fullest extent of the law. This significant sentencing should serve notice to those who engage in this type of criminal activity that they will be held accountable.”
This case was investigated by the Treasury Inspector General for Tax Administration, the Internal Revenue Service – Criminal Investigation, the Florida Department of Law Enforcement, Homeland Security Investigations, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Rachel K. Jones.
Lake Mary Woman Convicted of Mail Fraud Involving Scheme to Defraud eBay and PayPalRead the Press Release
Orlando, Florida – Jolanta Kucharski (54, Lake Mary) has pleaded guilty to mail fraud. She faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to court documents, Kucharski assisted her son, Brian Kucharski, in obtaining from publicly available websites personal identifying information of unsuspecting individuals, including their names and birthdates, and using that information to create fake eBay selling accounts. Brian Kucharski then used those accounts to negotiate the fraudulent sale of products, predominantly gift cards, through eBay, Inc. Unsuspecting eBay customers paid for ordered items through fraudulent PayPal accounts that Jolanta and Brian Kucharski had created. Brian Kucharski used the fraudulently obtained proceeds of the illegal activities to purchase precious metals, which were delivered to the Kucharskis through the U.S. mail.
Meanwhile, instead of mailing the purchased items to the eBay customers, Jolanta and Brian Kucharski also used the U.S. Postal Service (USPS) to disguise their fraudulent activities, by mailing random items to other individuals and using the USPS tracking numbers for those items to represent to eBay customers, and eBay, that they had mailed the purchased eBay items. The customers never received their items, and their demands for refunds were routinely denied.
The scheme was uncovered when postal customers all over the United States received priority mail packages containing random items of no value and contacted their local police departments and post offices. U.S. Postal Inspection Service investigators then identified Brian and Jolanta Kucharski as the perpetrators of the eBay scheme.
On November 6, 2018, Brian Kucharski pleaded guilty to mail fraud. He is scheduled to be sentenced on June 10, 2019.
This case was investigated by the U.S. Postal Inspection Service. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Illegal Alien Living in Bradenton Pleads Guilty to Federal Firearms Offense in Shooting Death of Local Ice Cream ManRead the Press Release
Tampa, FL – Juan Carlos Ramirez-Arcos (34, Bradenton) has pleaded guilty to possessing a firearm or ammunition as an illegal alien. He faces a maximum term of 10 years in federal prison. He is also required to forfeit the firearm and ammunition that were used in committing the offense. The Ramirez-Arcos sentencing hearing is set for August 19, 2019.
According to court records, on October 17, 2015, Ramirez-Arcos shot and killed Jose Luis Mendoza-Aguilar, known around the neighborhood as the “ice cream man” because he sold ice cream and other snacks in the area. Mendoza-Aguilar was shot three times and died approximately five hours after the shooting. Ramirez-Arcos was tried for murder in Manatee County. At his state trial, Ramirez-Arcos testified that he acted in self-defense and was acquitted.
Further investigation had revealed that Ramirez-Arcos was illegally in the United States when he shot Mendoza-Aguilar and had been so since approximately 2001. Moreover, according to a review of the firearm and ammunition Ramirez-Arcos used to shoot Mendoza-Aguilar, the firearm had traveled in foreign commerce and the ammunition had traveled in interstate commerce. Ramirez-Arcos was therefore indicted in federal court with illegal possession of a firearm.
This case was investigated by the United States Border Patrol with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bradenton Police Department, and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Dan Baeza.
Florida Member of Thunderguards Motorcycle Gang Sentenced to Ten Years for His Involvement in Two Methamphetamine Distribution ConspiraciesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Andrew Shettler a/k/a “Yeti” (36, Daytona Beach) to 10 years in federal prison for conspiring to possess with the intent to distribute methamphetamine.
Shettler had pleaded guilty on January 30, 2019.
According to court documents, in April 2017, the FBI, and later the DEA, began an investigation into the drug trafficking organizations (DTOs) that had supplied motorcycle clubs, including the Pagans Motorcycle Club and their affiliated groups operating in the Middle District of Florida, with distribution amounts of methamphetamine. To date, 21 individuals have been found guilty as a result of the joint investigation.
Shettler was a member of the Thunderguards Motorcycle Club, a club affiliated with the Pagans Motorcycle Club. He conspired with several members of the Pagans to distribute methamphetamine in and around Daytona Beach.
“This case exemplifies the cooperation among federal, state, and local law enforcement agencies to dismantle dangerous criminal organizations that threaten the safety of our communities,” said Rachel L. Rojas, Special Agent in Charge of the FBI Jacksonville Division. “The FBI will continue to target the leadership of these organizations and bring them to justice for the harm caused by their criminal actions.”
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.
Federal Jury Finds Two Tampa Doctors Guilty of Conspiracy to Illegally Distribute OpoidsRead the Press Release
Tampa, Florida – A federal jury has found Dr. Kendrick Eugene Duldulao (45, Tampa) and Dr. Medardo Queg Santos (66, Lakeland) guilty of conspiracy to distribute and dispense controlled substances for no legitimate medical purpose and outside the course of professional practice. Santos was also found guilty of three counts of illegally distributing and dispensing controlled substances. Duldulao and Santos each face a maximum penalty of 20 years in federal prison on each count.
Duldulao and Santos were indicted on October 3, 2017.
According to testimony and evidence presented at trial, Duldulao and Santos were the medical directors at Health and Pain Center, a pain management clinic in Tampa, from June 2011 through March 2014, and April 2014 through October 2016, respectively. They prescribed excessive amounts of controlled substances, including oxycodone, hydrocodone, hydromorphone, morphine, methadone, and alprazolam. During their tenures as medical directors, Duldulao and Santos had brief and timed medical visits with patients, performed cursory physical examinations, and required minimal medical history or documentation for purposes of treatment. Duldulao and Santos knew that patients’ records were, at times, falsified for purposes of papering the files. Duldulao, Santos, and their co-conspirators operated Health and Pain Center as a cash-only business, with little or no medical equipment on site, staffers with no medical training, and a high-volume patient base.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Gregory D. Pizzo.
Lutz Man Pleads Guilty to Firearms Possession and Aggravated Identity Theft SchemeRead the Press Release
Tampa, Florida – Jorge Delgado-Macias (44, Lutz) has pleaded guilty to possessing a firearm as an illegal alien and aggravated identity theft. He faces a maximum penalty of 10 years in federal prison on the firearm charge and a mandatory consecutive two-year term of imprisonment on the aggravated identity theft charge.
According to the plea agreement, on October 17, 2018, deputies from the Hillsborough County Sheriff Office executed a search warrant at Delgado-Macias’s home, where they seized a 9mm pistol and a .40 caliber pistol, along with numerous rounds of ammunition. Delgado-Macias acknowledged to the deputies that the firearms were his, that he was a citizen of Mexico, and that he was unlawfully present in the United States. Also in his possession was a Florida driver license in the name of “JT, Jr.” Delgado-Macias told the deputies that he had purchased a California birth certificate and Social Security number for “JT” some years ago for $500, and that he had later used those documents to obtain the Florida license in the name of “JT, Jr.”
This case was investigated by the U.S. Border Patrol and U.S. Immigration and Customs Enforcement, with assistance from the Hillsborough County Sheriff Office. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
United States Files False Claims Act Complaint Against Home Health Agency and Two of Its OwnersRead the Press Release
The United States has filed a complaint in intervention against Doctor’s Choice Home Care Inc (Doctor’s Choice), Timothy Beach, and Stuart Christensen alleging False Claims Act violations arising from the alleged payment of kickbacks in the form of sham medical director agreements and payments to the spouses of referring physicians, the Department of Justice today announced. Doctor’s Choice is a home health agency based in Sarasota, Florida. Timothy Beach and Stuart Christensen are partial owners of Doctor’s Choice.
“Healthcare providers must make recommendations about their patients’ health without respect to their own financial interests,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “We will continue to do our part to protect federal health care program beneficiaries and the American taxpayers from the corrupting influence of kickbacks designed to undermine the impartiality and integrity of physician decision making.”
“Kickbacks and other improper remuneration that interferes with the medical decision-making process undermines the integrity of our healthcare system,” said U.S. Attorney Maria Chapa Lopez. “My Office will continue to aggressively pursue those who violate these laws and compromise our system of care.”
The lawsuit alleges that Doctor’s Choice, with the knowledge of Beach and Christensen, paid kickbacks in the form of sham medical directorships to three physicians to refer patients to Doctor’s Choice. All three physicians allegedly did little, if any, of the work for which Doctor’s Choice paid them as medical directors. Sham medical director agreements to induce patient referrals violate the Anti-Kickback Statute and the Stark Law. Doctor’s Choice also allegedly paid some employees in a manner that accounted for the volume of referrals by their physician spouses, in violation of the Stark Law.
The Anti-Kickback Statute prohibits anyone from offering or paying remuneration in order to induce or reward referrals for services paid for under federal healthcare programs. The Stark Law forbids certain medical providers, including home health agencies, from submitting claims to Medicare for services provided to patients who were referred by a physician with whom the provider has a prohibited financial relationship, unless that relationship falls within an applicable exception.
The lawsuit was filed under the qui tam or whistleblower provisions of the False Claims Act, which allow private parties to file suit on behalf of the United States for false claims and receive a share of any recovery. The act permits the United States to intervene and take over responsibility for litigating the case, as it has done here. A defendant who violates the act is subject to three times the government’s losses, plus applicable penalties.
This case is being handled by the Department of Justice’s Civil Division and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the Office of Inspector General of the Department of Health and Human Services.
The claims made in the complaint are allegations only, and there has been no determination of liability. The case is captioned United States ex rel. Herbold v. Doctor’s Choice Home Care Inc., et al., Case No. 8:15-cv-01044 (M.D. Fl.).
United States Files False Claims Act Complaint Against Home Health Agency and Two of Its OwnersRead the Press Release
Tampa, FL – The United States has filed a complaint in intervention against Doctor’s Choice Home Care Inc (Doctor’s Choice), Timothy Beach, and Stuart Christensen alleging False Claims Act violations arising from the alleged payment of kickbacks in the form of sham medical director agreements and payments to the spouses of referring physicians, the Department of Justice today announced. Doctor’s Choice is a home health agency based in Sarasota, Florida. Timothy Beach and Stuart Christensen are partial owners of Doctor’s Choice.
“Healthcare providers must make recommendations about their patients’ health without respect to their own financial interests,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “We will continue to do our part to protect federal health care program beneficiaries and the American taxpayers from the corrupting influence of kickbacks designed to undermine the impartiality and integrity of physician decision making.”
“Kickbacks and other improper remuneration that interferes with the medical decision-making process undermines the integrity of our healthcare system,” said U.S. Attorney Maria Chapa Lopez. “My Office will continue to aggressively pursue those who violate these laws and compromise our system of care.”
The lawsuit alleges that Doctor’s Choice, with the knowledge of Beach and Christensen, paid kickbacks in the form of sham medical directorships to three physicians to refer patients to Doctor’s Choice. All three physicians allegedly did little, if any, of the work for which Doctor’s Choice paid them as medical directors. Sham medical director agreements to induce patient referrals violate the Anti-Kickback Statute and the Stark Law. Doctor’s Choice also allegedly paid some employees in a manner that accounted for the volume of referrals by their physician spouses, in violation of the Stark Law.
The Anti-Kickback Statute prohibits anyone from offering or paying remuneration in order to induce or reward referrals for services paid for under federal healthcare programs. The Stark Law forbids certain medical providers, including home health agencies, from submitting claims to Medicare for services provided to patients who were referred by a physician with whom the provider has a prohibited financial relationship, unless that relationship falls within an applicable exception.
The lawsuit was filed under the qui tam or whistleblower provisions of the False Claims Act, which allow private parties to file suit on behalf of the United States for false claims and receive a share of any recovery. The act permits the United States to intervene and take over responsibility for litigating the case, as it has done here. A defendant who violates the act is subject to three times the government’s losses, plus applicable penalties.
This case is being handled by the Department of Justice’s Civil Division and Assistant U.S. Attorney Charles Harden of the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the Federal Bureau of Investigation and the Office of Inspector General of the Department of Health and Human Services.
The claims made in the complaint are allegations only, and there has been no determination of liability. The case is captioned United States ex rel. Herbold v. Doctor’s Choice Home Care Inc., et al., Case No. 8:15-cv-01044 (M.D. Fl.).
Tampa Pastor and Daughter Sentenced for Roles in Tax Fraud ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Luckner Stimphil (55, Brandon) to four years and nine months in federal prison for conspiracy to defraud the United States. Last week, Stimphil’s daughter, Elwolfine Dufort (31, Riverview), was sentenced to two years in federal prison for her role in the conspiracy. The court also ordered Stimphil and Dufort to pay $11 million in restitution, joint and several, to the United States and imposed a $10,000 fine against Stimphil. Stimphil and Dufort had pleaded guilty in February 2019.
Stimphil and Dufort have agreed to be permanently enjoined from preparing or assisting in the preparation or filing of federal tax returns or other related documents for any other person or entity; from maintaining any association with a tax return preparation business; and from instructing, teaching, or otherwise training any person in the preparation of federal tax returns. Stimphil further consented to pay all taxes, interest, and penalties he owed to the IRS relating to his personal tax returns for years 2012 and 2013.
According to court documents, Stimphil, the then-pastor at First Calvary Family Life Ministry in Tampa, created and operated Top Popular Tax, a tax return preparer business with offices in Tampa, Winter Haven, and other locations. The business operated from around 2011 through at least mid-2015. Stimphil, Dufort, and others working under Stimphil’s supervision, routinely assisted in and advised in the preparation and presentation to the IRS of false and fraudulent Top Popular Tax clients’ IRS Forms 1040. They included materially false and fraudulent information on the client-taxpayers’ Schedule C Forms (business income or loss) and Forms 8863 (associated with a claim for the American opportunity credit). Some of the forms submitted to the IRS by Top Popular Tax also included a false and fraudulent claim for a credit for federal tax on fuels.
“Together, Luckner Stimphil and his daughter, Elwolfine Dufort, were responsible for preparing false tax returns that caused more than $11 million dollars in losses to the IRS, essentially stealing the tax dollars paid by honest Americans,” stated Special Agent in Charge Mary Hammond of IRS Criminal Investigation. “As unconscionable as that sounds, the damage did not stop there. Their actions upended the lives of their clients who now must sort out the mess caused by the false returns Stimphil and Dufort filed in their names. We plead with all taxpayers to do their due diligence in selecting a trustworthy and accredited return preparer.”
This case was investigated by IRS-Criminal Investigation. It was prosecuted by Assistant United States Attorney Jay G. Trezevant and Craig R. Gestring.
Paisley Man Sentenced to Ten Years for Attempting to Entice A Minor to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Jason Cole Shreve (27, Paisley) to 10 years in federal prison, followed by 15 years of supervised release, for attempted enticement and coercion of a minor to engage in sexual activity. The court also ordered $168,915 in restitution to victims of child pornography.
Shreve had pleaded guilty on February 12, 2019.
According to court documents, between May 26 and 27, 2015, Shreve engaged in email and text communications with an undercover agent whom he believed to be the mother of a 14-year-old girl. Shreve was advised and acknowledged the child was a minor, yet provided explicit details regarding the sexual activities he wanted to engage in, and discussed traveling to the mother’s home to engage in sex with the minor.
On May 27, 2015, Shreve traveled to Jacksonville to meet the child and was arrested by officers from the Jacksonville Sheriff’s Office. After his arrest, Shreve admitted to engaging in the email and text conversations.
“This predator shared child pornography on social media applications and traveled to a meeting where he thought he was going to sexually abuse a young child,” said HSI Tampa Special Agent in Charge James C. Spero. “Instead he was stopped by law enforcement and will now be held accountable for those crimes.”
This case was investigated by the Jacksonville Sheriff’s Office and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Ashley Washington.
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 Resident Arrested for Distributing Drugs That Resulted in Overdose DeathRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a criminal complaint and arrest warrant charging Jonathan Bohn a/k/a “Jonah” (35, Orlando) with distribution of a controlled substance that resulted in death. If convicted, Bohn faces a maximum penalty of life in federal prison.
According to the criminal complaint, on December 16, 2017, Bohn sold a victim a controlled substance that contained fentanyl. After the victim ingested the narcotic, the victim’s daughter found the victim unresponsive in their residence. The Orange County Medical Examiner’s office subsequently determined that the victim’s cause of death was fentanyl and cocaine intoxication.
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is a part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse. It was investigated by the Orange County Sheriff’s Office and the Drug Enforcement Administration. It will be prosecuted by Assistant United States Attorney Sean P. Shecter.
Lady Lake Man Pleads Guilty to Producing Child Pornography of 6-Year-Old GirlRead the Press Release
Ocala, Florida – Brian Alan Jones (36, Lady Lake) today pleaded guilty to sexual exploitation of a child under 12 years of age. He faces a minimum mandatory penalty of 15 years, and up to 30 years, in federal prison. A sentencing date has not yet been set.
According to court documents, Jones produced sexually explicit images of a 6-year-old girl who was under his supervision. He took explicit photographs of the victim on his cellphone and sent them to an undercover officer posing as a pedophile. The victim resided with her mother and Jones, who were allegedly dating at the time of this crime.
Jones also admitted to sending another undercover officer sexually explicit videos depicting young children having sexual intercourse with adult men. Jones’s cellphone was later found to contain more than 100 images of the child victim and over 70 images of other child pornography or child erotica.
This case was investigated by Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.
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.
Amusement Park Employee Charged with Attempting to Entice A Child for SexRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces the arrest and filing of a criminal complaint charging Frederick M. Pohl, Jr. (40, Clermont) with transferring obscene materials to a minor and attempting to entice a minor. If convicted, Pohl faces a maximum penalty of life in federal prison. He has been detained since his arrest on May 21, 2019.
According to the complaint, Pohl engaged in a series of online chat communications to arrange a sexual encounter with an 8-year-old girl. Pohl believed he was chatting with the child and her father, but he was actually communicating with an undercover federal agent. Pohl sent explicit photos of himself and arranged to meet with the child at an Orlando hotel. When Pohl arrived at the hotel, he was arrested. Pohl was found to be in possession of condoms and a child-sized pink dress.
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 Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Michael P. Felicetta. Anyone with additional information should contact Homeland Security Investigations at 1-866-DHS-2ICE (347-2423).
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.
Winter Park Man Pleads Guilty to Distribution of Child Pornography and Enticement of A Minor to Produce Child PornographyRead the Press Release
Orlando, Florida – Eric Bales (30, Winter Park) has pleaded guilty to distributing child pornography and online enticement of a child to produce child pornography. He faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. Bales has been in custody since his arrest on November 15, 2018.
According to the plea agreement, beginning in August 2018, Bales obtained and distributed images and videos of child pornography over internet peer-to-peer applications. Bales also elicited the production of pornographic images from a 16-year-old girl, and shared those images via messaging apps. In 2014, prior to committing these offenses, Bales was convicted for willful child abuse in Florida state court.
This case was investigated by Homeland Security Investigations. It is being prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of Principal Legal Advisor, U.S. Immigration and Customs Enforcement.
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.
Former Jacksonville High School Teacher Pleads Guilty to Distributing Child PornographyRead the Press Release
Jacksonville, Florida – Jordan Frederic Schemmel (37, Ormond Beach) has pleaded guilty to distributing child pornography over the internet. He faces a mandatory minimum penalty of 5 years, and up to 20 years, in federal prison and a potential life term of supervised release. Additionally, Schemmel will be required to register as a sex offender. A sentencing date has not yet been set.
According to court documents, on September 5, 2018, Schemmel, using the user name “Profsunrise15,” responded to a message on an internet bulletin board frequented by individuals with a sexual interest in children. This message had been posted by an undercover FBI agent. Schemmel then began an online conversation with the agent using a popular social messaging application. After some conversation about sexual interest in children, Schemmel sent the agent a video that depicted a young child being sexually assaulted by an adult male, and later sent a photo depicting similar criminal conduct with a child. FBI agents were able to identify the IP address used by Schemmel and tracked it to his residence. At that time, Schemmel was a teacher at Terry Parker High School in Jacksonville.
On October 19, 2018, law enforcement executed a search warrant at Schemmel’s home. During an interview, Schemmel stated that he had sent the child-pornographic video using the app, and that he had previously tried unsuccessfully to stop viewing child pornography on a number of occasions. A forensic examination of his smartphone and a thumb drive seized from his home revealed that Schemmel had collected 106 images and 28 videos depicting young children being sexually abused.
This case was investigated by the FBI, United States Customs and Border Protection, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Key West-Based Drug Trafficker Who Conspired with Members of the Pagans Motorcycle Gang to Distribute Methamphetamine Sentenced to Twenty Years in PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Keith Kirchoff (41, Key West) to 20 years in federal prison for conspiracy to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking crime. A jury had found Kirchoff guilty on February 26, 2019.
According to testimony presented at trial, in March 2018, Kirchoff conspired with members of the Pagans motorcycle club to deliver ounce quantities of methamphetamine to Pagans members located in Daytona Beach and Key West, Florida. On March 21, 2018, members of the Florida Highway Patrol pulled over a vehicle driven by Kirchoff and found nearly 10 ounces of methamphetamine and a loaded firearm.
“The FBI is committed to dismantling criminal organizations who threaten the safety of Central Florida,” said Rachel L. Rojas, Special Agent in Charge of the FBI Jacksonville Division, “and we will continue to work with our federal, state, and local law enforcement partners to disrupt the flow of dangerous drugs into our communities.”
This case was investigated by the FBI, the DEA, the Florida Highway Patrol, 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 Man Pleads Guilty to Submitting False Claims for FEMA Benefits Involving Tropical Storm Debby, Hurricane Matthew, and Hurricane IrmaRead the Press Release
Jacksonville, Florida – Lepoleon Spikes (47, Jacksonville) has pleaded guilty to wire fraud involving fraudulently obtained FEMA benefits. He faces up to 20 years in federal prison and has agreed to pay $57,789.19 in restitution to the United States.
According to the plea agreement, in February 2018, the U.S. Department of Homeland Security - Office of Inspector General (DHS-OIG) received an allegation that Spikes had provided false information to the Federal Emergency Management Agency (FEMA) in order to receive disaster assistance. Further investigation determined that Spikes had submitted applications to receive disaster assistance from FEMA involving Tropical Storm Debby, Hurricane Matthew, and Hurricane Irma. In the applications, Spikes falsely claimed that his primary residence in Jacksonville had been damaged due to a storm, causing him to relocate. Based on these false claims, Spikes fraudulently obtained $57,789.19 in disaster assistance from FEMA.
This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. This case was investigated by the Department of Homeland Security - Office of Inspector General. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. You may also visit www.justice.gov/usao-mdfl.
Grant Recipients Sentenced for $5 Million Fraud on Lee CountyRead the Press Release
Ft. Myers, Florida – U.S. District Judge John E. Steele has sentenced Kay F. Gow (68, Naples) to 10 years in federal prison for her role in a conspiracy to defraud Lee County out of $5 million in grant funds, an individual investor out of $500,000, and the laundering of the proceeds. As part of Gow’s sentence, the court also entered a money judgment in the amount of $1.93 million, the proceeds of the criminal conduct. Judge Steele also sentenced co-conspirator John G. Williams, Jr. (67, Suffolk, VA) to 30 months in federal prison.
Kay Gow, her husband, Robert Gow, and Williams were found guilty by a federal jury on February 22, 2019. Robert Gow is now deceased.
According to evidence presented at trial, the Gows owned and controlled multiple entities, including HerbalScience Group, LLC and HerbalScience Singapore Pte, Ltd. In 2010, the Gows formed VR Laboratories, LLC, in order to apply for a $5 million grant through the Lee County Financial Incentives for Recruiting Strategic Targets (“FIRST”) program. The FIRST program consisted of taxpayer funds that had been set aside by the county to bring economic development projects to the Ft. Myers area. In seeking the FIRST grant, the Gows made numerous false and fraudulent representations to various individuals and government entities about the financial success and that of HerbalScience, VR Labs, including that VR Labs was poised to become a leading global formulator and manufacturer of botanical pharmaceuticals. Ultimately, Lee County awarded VR Labs $5 million in FIRST grant funds to build a manufacturing facility that the Gows had claimed would bring hundreds of high-paying jobs and economic growth to Lee County.
Once VR Labs executed an agreement with Lee County, Williams, a long-time friend of the Gows, registered a fictitious name, “Williams Specialty Bottling Equipment,” with the Florida Secretary of State. The Gows then represented that Williams would provide the bottling line for the manufacturing facility, when he had no such experience or expertise. Williams used false and fraudulent invoices for work and services allegedly performed on the bottling line to make demands for payment and, once paid, kicked back a substantial portion of the funds to VR Labs and the Gows. The Gows then used Williams’s false and fraudulent invoices to justify requests to Lee County for the payment of grant money. Once VR Labs received the grant funds, the Gows fraudulently transferred those funds to entities they owned and controlled, and ultimately to themselves, by disguising the transfers as fees, salaries, expenses, and other items. They also tried to conceal the source of the kickbacks through the creation of fictitious entities and documents.
Ultimately, Lee County disbursed approximately $4.7 million in FIRST grant funds to VR Labs, but the manufacturing facility was never completed or operational.
Having exhausted the stolen grant funds, the Gows defrauded additional private investors. One such investor lost his retirement savings of $500,000.
“The FBI works diligently to ensure that those who profit from deception and greed are brought to justice,”said Special Agent in Charge of the Tampa Division Eric W. Sporre. “Honest, hardworking individuals deserve our protection and we encourage anyone with information regarding fraudulent activity to contact law enforcement immediately.”
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke, Michael Leeman, and Josephine W. Thomas.
Winter Garden Convicted Felon Pleads Guilty to Drug and Firearms ChargesRead the Press Release
Orlando, FL – Kenneth Bernard Smith (54, Winter Garden) pleaded guilty today to two counts of possessing ammunition and a firearm as a convicted felon and two counts of distributing cocaine and heroin. He faces a mandatory minimum penalty of 15 years, and up to life, in federal prison. Smith is scheduled to be sentenced in August 2019.
According to court documents, on February 8, 2019, deputies from the Orange County Sherriff’s Office responded to a call regarding a fatal drug overdose that had occurred in an apartment in Winter Garden, where Smith was the sole resident. The deputies found materials used for drug distribution as well as over 550 rounds of ammunition in the apartment. At the time, Smith had numerous prior felony convictions, including three felony convictions for drug distribution.
On February 20, 2019, law enforcement officers conducted an undercover purchase of cocaine from Smith. On March 6, 2019, officers executed a search warrant at Smith’s home and seized cocaine and heroin, packaged for distribution, along with a loaded 10 mm firearm.
This case was investigated by the Orange County Sherriff’s Office, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Dana E. Hill.
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.
U.S. Attorney Maria Chapa Lopez Announces Formation of Tampa Bay Human Trafficking Task ForceRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the formation of the Tampa Bay Human Trafficking Task Force, which held its first meeting on May 16, 2019. The task force consists of federal, state, and local law enforcement and prosecutors, along with several victims’ services organizations. Members of the task force will work collectively to improve upon the detection, investigation, prosecution, and victim assistance efforts in human trafficking matters throughout the Tampa Bay area.
“Combating human trafficking is a priority for the Department of Justice and our federal, state, and local law enforcement partners,” said U.S. Attorney Chapa Lopez. “The Tampa Division of the United States Attorney’s Office covers eight counties and serves a population of over 4.4 million people. We intend to combine the resources, efforts and expertise of our task force partners to fight human trafficking at every level, from prevention, investigation and enforcement, to supporting the victims of these heinous crimes.”
For more information about the Tampa Bay Human Trafficking Task Force, please contact AUSA Mandy Riedel or Victim Coordinator Chris Griffiths at 813-274-6000.
Previously Convicted Felon from Ocala Pleads Guilty to Federal Gun/Ammunition ChargesRead the Press Release
Ocala, Florida – Winyontis Quavari Gordon (28, Ocala) pleaded guilty yesterday to an indictment charging him with possession of a firearm and ammunition affecting commerce by a convicted felon. Gordon faces a mandatory minimum sentence of 15 years, and up to life, imprisonment for the offense. A sentencing date has not yet been set.
According to court documents, on July 5, 2018, detectives from the Ocala Police Department attempted to arrest Gordon on an outstanding state warrant. Upon seeing the approaching detectives, Gordon exited the driver’s side of a parked car and fled on foot. Following a brief chase, the detectives took Gordon into custody and discovered a loaded .45 caliber handgun on the driver’s seat of the car, where Gordon had been sitting. During a subsequent interview with law enforcement, Gordon admitted that he had possessed the loaded firearm.
A records check confirmed that Gordon has prior state felony convictions for aggravated battery with a firearm, possession of a firearm by a convicted felon, domestic battery by strangulation, and felony battery. These felony convictions prohibit Gordon from lawfully possessing a firearm or ammunition under federal law. They will also qualify Gordon for an enhanced sentence as an Armed Career Criminal.
The Ocala Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives jointly investigated this case. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Former UNF Student Pleads Guilty to Distributing Child Sex Abuse Video over the InternetRead the Press Release
Jacksonville, Florida – Anthony Davis Stagnitta (22, St. Petersburg) has pleaded guilty to distributing child sex abuse videos using the internet. Stagnitta faces a mandatory minimum penalty of 5 years, and up to 20 years, in federal prison, as well as a potential life term of supervised release. A sentencing date has not yet been set.
According to court documents, in February 2018, agents from Homeland Security Investigations (HSI) began an investigation into the sexual exploitation of children that was occurring on a popular messaging application. The agents discovered that between November 24 and December 3, 2017, Stagnitta had engaged in online conversations with other users in a public group chat on the app and had discussed trading child pornography. On December 3, 2017, Stagnitta sent a video to the group that depicted the sadistic sexual abuse of an infant.
On April 30, 2018, HSI agents executed a search warrant at Stagnitta’s home in Jacksonville. During an interview, Stagnitta admitted that he had discussed child pornography using this app, had sent videos of child pornography to other users via private messaging, and had posted videos in the group chats. Forensic analysis of Stagnitta’s cellphone revealed that it contained 2,904 images depicting young children being sexually abused.
This case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Three Convenience Store Robbers Sentenced to More Than 14 Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Travis B. Hall (38, Orlando) to 15 years in federal prison, and Antonio Mobley (43, Orlando) to 14 years and 11 months in federal prison, for committing armed robberies at convenience stores in the Orlando area and for brandishing firearms during these crimes of violence. In addition, Derrick M. Davis (38, Orlando) was sentenced to 14 years and 7 months’ imprisonment for participating in the robberies.
According to court records, on March 1, 2018, at 8:50 p.m., Hall and Davis robbed a convenience store at a Sunoco gas station in Kissimmee. Davis planned the robbery and drove Hall to the store, where Hall began filling a large trash bag with cartons of cigarettes. The attendant on-duty engaged in a shoving match with Hall, after which Hall lifted up his shirt to display a firearm in his waistband and then completed the robbery. Davis and Hall sold the stolen cartons of cigarettes to a cigarette vendor in exchange for cash.
On March 2, 2018, at 7:10 p.m., Davis, Hall, and Mobley robbed a convenience store at a Mobil gas station in Ocoee. Davis planned the robbery, drove Mobley and Hall to the store, and provided Mobley with a firearm. After entering the store, Mobley placed an on-duty attendant in a headlock and held the firearm to the attendant’s head, while Hall filled a trash bag with cartons of cigarettes. Davis, Hall, and Mobley then sold the stolen cartons of cigarettes to a cigarette vendor in exchange for cash.
On March 2, 2018, at 10:08 p.m., Davis, Hall, and Mobley robbed another convenience store at a Marathon gas station in Kissimmee. Davis drove Mobley and Hall to the store and then again provided Mobley with a firearm. After entering the store, Mobley held the on-duty attendant at gunpoint while Hall filled two trash bags with cartons of cigarettes. Hall and Mobley then fled with the firearm and cigarettes.
Hall and Mobley pleaded guilty on October 10, 2018. Davis pleaded guilty on February 27, 2019.
This case was investigated by the Federal Bureau of Investigation, the Osceola County Sheriff’s Office, the Ocoee Police Department, the Kissimmee Police Department, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Miami Man Pleads Guilty to Participating in $1.5 Million Apple Pay Fraud ConspiracyRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Daniel Butler (29, Miami) today pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft. Butler faces a minimum mandatory sentence of 2 years in federal prison for the aggravated identity theft count and up to 20 years in federal prison for the wire fraud count. A sentencing date has not yet been set.
According to the plea agreement, Butler and his co-conspirators fraudulently obtained access to at least 477 credit card accounts and linked those accounts to the Apple Pay application on their iPhones. Then, using their iPhones, Butler and the others made purchases using the victims’ credit card accounts, all without having to present actual credit cards to retailers. The group made more than $1.5 million in fraudulent purchases.
Three co-conspirators previously pleaded guilty for their roles in this scheme. Johnny Max Wesley (23, Miami) was sentenced in December 2018 to four years in federal prison. Laurent Pierre Louis (30, Miami) is scheduled to be sentenced on July 25, 2019, and Rachel Bishop (26, Miami), is scheduled to be sentenced on September 18, 2019.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
Jacksonville Woman Pleads Guilty to Committing Aggravated Identity Theft and Fraud While on Federal Supervised ReleaseRead the Press Release
Jacksonville, Florida – Jaceta Anya Streeter (38, Jacksonville) has pleaded guilty to aggravated identity theft and wire fraud. She faces up to 20 years in federal prison on the wire fraud charge and a consecutive minimum mandatory term of 2 years in federal prison for the aggravated identity theft charge. Streeter was also ordered to pay restitution to her victims.
According to court documents, in 2006, after being found guilty at trial for participating in a scheme involving the passing of counterfeit checks, Streeter was sentenced to seven years in federal prison, followed by three years of supervised release. After she was released from prison and while on federal supervised release, the court issued a warrant for Streeter, as her whereabouts were unknown and she was considered a fugitive. When the U.S. Marshals Service eventually located and arrested her in Orlando, she had multiple counterfeit forms of identification in her possession. A follow-up investigation by law enforcement determined that Streeter had engaged in a scheme involving credit card fraud and identity theft. She obtained credit card account numbers for various victims, along with the victims’ personal identifiable information. Using this information, Streeter went to various merchants, including home improvement and clothing stores, and fraudulently purchased large quantities of merchandise.
This case was investigated by the Jacksonville Sheriff’s Office, the U.S. Department of Treasury – Office of Inspector General Jacksonville Field Office, the U.S. Marshals Service, and the United States Secret Service Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Former Controller Pleads Guilty to Stealing over $750,000Read the Press Release
Orlando, Florida – Jeffrey McKinney (61, Minneola) has pleaded guilty to wire fraud for his scheme to steal over $750,000 from his employer and one of its executives. McKinney is facing up to 20 years in federal prison, three years of supervised release, and will be ordered to pay restitution. Sentencing has not yet been set.
According to court documents, McKinney is a Certified Public Accountant and was the Controller of a local business. In addition to serving as the Controller, McKinney was responsible for moving funds between various accounts held by the business and one of its executives. For a period of over a year and a half, McKinney used his position to embezzle over $750,000 from those accounts. To cover up his thefts, McKinney falsified check stubs, moved money between accounts to hide what he had stolen, and provided the executive with reports that inflated the amount of money that remained in the executive’s accounts.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Orlando Healthcare Worker Convicted of Receipt and Possession of Child PornographyRead the Press Release
Orlando, Florida – A federal jury has found Vorarut Vorasiangsuk (36, Orlando) guilty of two counts of receipt of child pornography and one count of possession of child pornography. For each count of receipt of child pornography, Vorasiangsuk faces a minimum mandatory penalty of five years, and up to 20 years in federal prison. He faces a maximum penalty of 20 years for the possession count. His sentencing hearing is scheduled for July 31, 2019.
Vorasiangsuk was indicted on February 13, 2019.
According to testimony presented at trial, in January 2019, the FBI conducted a search warrant at Vorasiangsuk’s residence. At that time, Vorasiangsuk confessed to having used peer-to-peer file-sharing programs to download child pornography from the internet, and he admitted that he had been downloading and viewing child pornography for approximately 15 years. Vorasiangsuk, a respiratory therapist, also told the agents that he had been working primarily with babies at a local healthcare facility for at least 10 years. The FBI recovered nine computer devices from Vorasiangsuk, containing thousands of images of child pornography, including images depicting young children engaged in sexually explicit conduct.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Ocala Man Pleads Guilty to Firearms Offense in Connection with Accidental Self-ShootingRead the Press Release
Ocala, Florida – Michael Guell (37, Ocala) has pleaded guilty to one count of possession of a firearm by a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on November 28, 2018, Guell was admitted to an Ocala-area hospital for gunshot wounds. When police arrived at the hospital, Guell told them that he had been robbed at gunpoint and shot by an unknown assailant. Investigating further, police located Guell’s car and saw shell casings and handgun ammunition through the car’s window. When interviewed a second time, Guell admitted that he had been drinking in his car and had accidentally shot himself. A search of Guell’s vehicle revealed a semi-automatic handgun, 26 rounds of ammunition, and multiple shell casings.
As a convicted felon, Guell is prohibited from possessing any firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ocala Police Department. It is being prosecuted by Assistant United States Attorney William S. Hamilton.
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.
U.S. Attorney Recognizes Law Enforcement Service During National Police WeekRead the Press Release
Tampa, FL – Maria Chapa Lopez recognizes the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, which is being observed Sunday, May 12 to Saturday, May 18, 2019, and remembers those law enforcement officers killed and assaulted in 2018. During this month, communities throughout the Middle District of Florida (MDFL) will hold public memorial services honoring fallen officers and showing support for their families. In addition, multiple agencies will embark upon various media campaigns to strengthen connections between officers and citizens and to show appreciation for the officers’ continued service. The MDFL is home to more than 160 law enforcement agencies.
In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
“The Middle District of Florida joins the entire nation in saluting police officers throughout the country for their hard work, dedication, and sacrifice in keeping our communities safe,” stated U.S. Attorney Chapa Lopez. “We appreciate the tenacity and commitment of our federal, state, local, and tribal law enforcement partners who often place themselves in harm’s way to protect us, daily. They have our unwavering support.”
According to statistics reported to the FBI, 106 law enforcement officers were killed in line-of-duty incidents in 2018, including 1officer, Adam Edward Jobbers-Miller, here in the Middle District of Florida.
Comprehensive data tables about these incidents and brief narratives describing the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2018 https://ucr.fbi.gov/leoka/2018/ released this week by the FBI.
The names of all 106 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31st Annual Candlelight Vigil on the evening of May 13, 2019. No tickets are required and everyone is welcome. For additional information please call 202-737-3400.
Five Middle District of Florida officers were added to the Memorial this year: Deputy Sheriff Kevin James Stanton from the Brevard County Sheriff's Office, Officer Lance Christian Whitaker from the Jacksonville Sheriff's Office, Officer Thomas Coulter from the Daytona Beach Police Department, Officer Adam Edward Jobbers-Miller from the Fort Myers Police Department, and Deputy Sheriff Benjamin LeMont Zirbel from the Clay County Sheriff's Office.
The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2019.
For more information about other National Police Week events, please visit www.policeweek.org.