Middle District of Florida

WASHINGTON – Encompass Health Corporation (formerly known as HealthSouth Corporation), the nation’s largest operator of inpatient rehabilitation facilities (IRFs), has agreed to pay $48 million to resolve allegations that some of its IRFs provided inaccurate information to Medicare to maintain their status as an IRF and to earn a higher rate of reimbursement, and that some admissions to its IRFs were not medically necessary.

“This settlement demonstrates our commitment to ensuring that those who participate in federal healthcare programs follow the rules,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division.  “Medicare and Medicaid providers who seek to profit inappropriately at the expense of taxpayers will be held accountable.”

Medicare and Medicaid use information about patients’ diagnoses to determine whether a facility is properly classified as an IRF, and to determine the level of reimbursement the facility is awarded for specific patients. The government alleged that beginning in 2007, in order to insure compliance with Medicare’s rules regarding classification as an IRF, and to increase Medicare reimbursement, some Encompass IRFs falsely diagnosed patients with what they referred to as “disuse myopathy” when there was no clinical evidence for this diagnosis.  Additionally, Encompass IRFs allegedly admitted patients who were not eligible for admission to an IRF because they were too sick or disabled to participate in or benefit from intensive inpatient therapy.

“This important civil settlement concludes a lengthy, comprehensive investigation that brought to light a nationwide scheme that the government contends was intended to defraud our fragile public health programs,” said U.S. Attorney Maria Chapa Lopez. “In doing so, we confirm our commitment to civil health care fraud enforcement as a key component of the mission of our office.”

The settlements resolve allegations raised in three lawsuits filed by Dr. Emese Simon M.D., a former contract physician employed at an Encompass inpatient rehabilitation facility in Sarasota, Florida; Melissa Higgins the former Director of Therapy Operations at Encompass’s inpatient rehabilitation facility in Arlington, Texas; and Dr. Darius Clarke M.D. the former Medical Director at Encompass’s inpatient rehabilitation facility in Richmond, Virginia, and his company, Restorative Health & Wellness P.L.L.C. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. Here, the whistleblowers collective share of the settlement will be $12.4 million.

The settlement was the result of a coordinated effort by the Civil Division of the Department of Justice, the Unite States Attorney’s Office for the Middle District of Florida, and the U.S. Department of Health and Human Services Office of Inspector General.  In the Middle District of Florida, the case was handled by Assistant United States Attorney Sean O'Keefe.

The three cases are captioned United States ex rel. Simon, et al. v. HealthSouth Corp., et al.; Case No. 08-CV-236 (M.D. Fla.); United States ex rel. Higgins v. HealthSouth Corp.; Case No. 3:12 CV 2496 (N.D. Tex.); and United States ex rel. Clarke et al. v. HealthSouth Corp.; Case No. 1:12 CV 853 (E.D. Va.). The claims resolved by the settlement are allegations only, and there has been no determination of liability. 

Jacksonville, Florida – Jimmie Dwight Whitfield (43, Atlantic Beach) has pleaded guilty to failing to register as a sex offender after absconding from Georgia and establishing residence in Florida. He faces up to 10 years in federal prison and a $250,000 fine. His sentencing hearing is scheduled for October 1, 2019.       

According to court documents, in 1995, Whitfield was convicted of committing a sex offense against a child in Jacksonville. In 2006, he was convicted of two sex offenses in Valdosta, Georgia. Following his release from prison, Whitfield resided at a motel in Valdosta while serving a term of supervised probation. In March 2018, he cut off his ankle monitor, fled to Florida, and established a residence in Atlantic Beach. Whitfield failed to register as a sex offender in Florida as required by federal and state law. On October 25, 2018, he was arrested at his home in Atlantic Beach for violating his probation. During an interview, Whitfield admitted that he had he cut off his ankle monitor and that he knew he was not allowed to leave Georgia without permission.

The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the United States Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders. 

This case was investigated by the United States Marshals Service, the Lowndes County (Georgia) Sheriff’s Office, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Reginald Green II (36, Orlando) to 23 months in federal prison for theft and embezzlement of client funds by a bank employee. A jury had found Green guilty on December 6, 2018.

According to testimony and evidence presented at trial, between 2011 and 2018, Green, a SunTrust Bank employee, stole more than $171,000 from a bank customer. Green withdrew more funds then the bank client had authorized, he then directed the extra funds into several different bank accounts that he controlled. At different times during the scheme, Green took the stolen funds to pay down his own mortgage and auto loans. Upon discovering the theft, in April 2018, SunTrust immediately fired Green and reimbursed the bank customer for the stolen funds.  

This case was investigated by the United States Postal Inspection Service and the United States Secret Service. It was prosecuted by Assistant United States Attorney Sean P. Shecter.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Shannon Bentley (33, Sorrento) to nine years and three months in federal prison for credit card fraud and aggravated identity theft. The court also ordered restitution to be paid by the co-defendants, to the victims, in the amount of $812,990.53.   

Bentley had pleaded guilty on January 22, 2019. 

According to court documents and evidence presented at the hearing, from August 2014 through July 2018, Bentley obtained personal identifying information (“PII”) from victims, obtained fake credit card accounts and cards in the victims’ names or linked to their accounts, and used those credit cards to obtain goods, gift cards and cash at retail establishments and banks throughout Orlando and surrounding areas. Bentley was the leader of a broad group of conspirators that used sophisticated means to facilitate this fraud, and exploited the advanced age of their elderly victims to steal their identity, causing them to incur exorbitant fraudulent charges. The total amount of loss as a result of the scheme was estimated to be over $812,000, involving the compromise of hundreds of credit card accounts.

Co-conspirators Lenardra Griffin (30, Grand Island) and Christina Scott (35, Umatilla) have also pleaded guilty in connection with this scheme. They are scheduled to be sentenced in September 2019.

This case was investigated by the United States Postal Inspection Service and the Florida Department of Law Enforcement, with assistance from the Orange Count Sherriff’s Office and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness. 

A federal jury found the owner of a Tampa, Florida-area medical marketing company guilty today for his role in an over $2.2 million Medicare fraud scheme involving the payment of kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Michael McPherson of the FBI’s Tampa Field Office and Assistant Inspector General Shimon Richmond of the U.S. Department of Health and Human Services Office of the Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.

Following a four-day trial, David Brock Lovelace, 49, of Land o’ Lakes, Florida, the owner of DBL Management LLC was found guilty of one count of conspiracy to pay health care kickbacks and one count of structuring currency transactions to avoid reporting requirements.  Lovelace is expected to be sentenced on Oct. 2, 2019, by U.S. District Judge Susan C. Bucklew of the Middle District of Florida, who presided over the trial..

According to the evidence presented at trial, Lovelace was paid by Clinical Laboratory Company A for each DNA swab that Lovelace arranged to be referred to the laboratory.  In order to obtain DNA swabs, Lovelace paid cash kickbacks and bribes to medical clinics in Miami in exchange for the referral of DNA swabs that were obtained from Medicare beneficiaries.  Lovelace directed the owners of the medical clinics to collect the DNA of all of the patients at the clinics, regardless of medical necessity. 

In the first phase of the scheme, from November 2013 to May 2014, the evidence at trial showed that Lovelace paid these cash kickbacks directly.  In the second phase of the scheme, from May 2014 to November 2014, after his arrest on other charges, Lovelace established shell companies, including Healthcare Marketing Florida of Melbourne, Florida, and conspired with nominee owners to facilitate the payment of kickbacks, receipt of fraud proceeds, and transfer of unlawfully obtained DNA samples for medically unnecessary testing.  Over the course of the entire conspiracy, Clinical Laboratory Company A submitted over $2.2 million in genetic testing claims and paid Lovelace a percentage of the Medicare reimbursements that it received. 

In order to conceal his payment of illegal cash kickbacks, the evidence at trial showed that Lovelace would travel to different ATM’s and bank branches throughout Southern Florida and make separate withdrawals of thousands of dollars in cash in order to avoid the filing of U.S. Department of Treasury “currency transaction reports” for an individual withdrawal of over $10,000. 

Lovelace was previously found guilty by a jury in December 2015 of various health care fraud, money laundering and identity theft charges in a case handled by the Criminal Division’s Fraud Section.  He is currently serving 14 years in prison.  

The case was investigated by the FBI and HHS, and was brought as part of the Medicare Fraud Strike Force, under the supervision of the U.S. Department of Justice, Criminal Division, Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida.  The case is being prosecuted by Trial Attorney John Michelich and Acting Assistant Chief Jacob Foster of the Fraud Section.

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Jacksonville, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Cornelius Michael Turner (32, Jacksonville) with possessing a firearm as a convicted felon, possession with the intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. If convicted, Turner faces a mandatory minimum penalty of 20 years, and up to life, in federal prison. 

According to court documents, during a traffic stop conducted by the Jacksonville Sheriff’s Office, officers observed Turner in his vehicle stuffing things down his pants. During a subsequent pat down, a loaded firearm and cocaine were recovered from Turner’s pants. At the time, Turner had multiple prior felony drug convictions and was therefore prohibited from possessing a firearm or ammunition under federal law.

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

This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Ashley Washington and Kelly Karase.

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

 

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Bryan Matthew Cooney (30, Casselberry) to 19 years in federal prison, to be followed by 30 years of supervised release, for possession of child pornography.  The court also ordered Cooney to forfeit a cellphone, which was used in furtherance of the commission of the offense.

According to court records, from September 19 through September 27, 2018, Cooney chatted with an FBI undercover agent (UC) though a social media application about sexually exploiting a 12-year-old girl, who Cooney alleged was his daughter.  During the chats, Cooney shared clothed images of the child with the UC and alleged to have had sexually abused and produced images of the girl engaged in sexually explicit conduct. 

On October 30, 2018, FBI agents executed a search warrant at Cooney’s residence and interviewed him.  Cooney admitted that he was the person chatting with the UC about sexually exploiting a 12-year-old child, who was actually his friend’s daughter.  Cooney indicated that he obtained images of the girl from his friend’s Facebook page and shared them with the UC during chats. Cooney said that he had been viewing child pornography for the past four of five years and gave the agents access to his Dropbox account, where they found hundreds of videos and numerous images of child pornography. The images depict bestiality and other acts of sadistic conduct against children between the ages of 4 and 10. 

Additionally, in a subfolder, Cooney had images of his Facebook friend’s daughters.  Cooney had posted some of those images on a social media application while pretending that one of the children was his alleged 12-year-old daughter. Cooney did this in an effort to obtain images of child pornography from other online users.  The subfolder was identified with the child’s real name.

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

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Charles S. Leis (48, Tampa) to 20 years in federal prison, to be followed by 25 years of supervised release, for attempted enticement of minors to engage in sexual activity and for possessing child pornography. The court also ordered Leis to pay $16,500 in restitution and to forfeit a laptop and a hard drive, which were used in furtherance of the commission of the offenses. Leis had pleaded guilty on March 26, 2019.

According to the plea agreement, on October 24, 2018, an FBI special agent in Orange County, Florida initiated an undercover investigation within an online chat group that alluded to “family fun.” Leis joined the chat group and initiated conversations with the undercover agent, who identified himself as the father of two girls, ages 9 and 11. During the span of several days, Leis solicited sex from the minors. In that process, Leis distributed images of child pornography to the “father” in an effort to prove that he was “real” about his intent to engage the “girls” in sexual activity. Leis made plans to meet the “girls” in Tampa on November 2, 2018. However, on that date, the agent could not locate Leis at the agreed upon location.

Further investigation revealed that around the same time (October 2018), Leis had been in contact with another FBI agent through another chat group. That undercover agent was acting as the father of 6 and 7-year-old girls. Leis also distributed child pornography to that agent and requested to have sexual intercourse with his “children.” 

On November 29, 2018, FBI agents executed a search warrant at Leis’s home in Tampa and seized his computer. The computer had depictions of girls between 3 and 10 years of age engaged in sexually explicit conduct.  

This case was investigated by the Federal Bureau of Investigation and the Naval Criminal Investigative Service. It was prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda and Francis D. Murray.

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

Ocala, Florida – Senior U.S. District Judge John Antoon II today sentenced Trinidad Flores-Navarro (43, Mexico) to 2 years and 11 months in federal prison for possessing a firearm as an illegal alien. The court also ordered Flores-Navarro to forfeit a handgun and ammunition. Flores-Navarro had pleaded guilty on March 25, 2019.

According to evidence presented in court, on January 10, 2019, Florida Highway Patrol troopers conducted a traffic stop on an automobile in Sumter County. The passenger, Flores-Navarro, had an ammunition magazine in his pocket. A subsequent search of the vehicle’s center console revealed a loaded 9mm handgun with an additional ammunition magazine. Flores-Navarro, an illegal alien from Mexico, admitted that the firearm belonged to him. He also told the troopers that he had illegally re-entered the United States in 2017, following a federal conviction for cocaine distribution.

This case was investigated by U.S. Customs and Border Protection and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorneys Michael P. Felicetta and Robert E. Bodnar, Jr.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Edward Leonard Wells, Jr. (34, North Carolina) to two years and eight months in federal prison for conspiracy to commit healthcare fraud and aggravated identity theft. On April 18, 2019, Wells’s estranged wife, Alcira Mercedes Wells (34, Connecticut), was sentenced to 18 months in federal prison for conspiracy to commit healthcare fraud.  The court also entered a money judgment of $32,747.93, the proceeds of the healthcare fraud conspiracy. Alcira Wells and Edward Wells had pleaded guilty in January 2019.

According to court documents, starting in September 2014 and continuing through February 2015, Alcira Mercedes Wells was a marketing representative for Centurion Compounding, Inc. As such, she earned and was promised commissions for each paid claim resulting from compounded creams marketed by Centurion and prescribed to a health care plan beneficiary recruited by Alcira Wells or other marketing representatives working for her. 

Centurion was a marketing firm located in Pasco County that employed representatives to market compounded medications, specifically creams for pain and scars, among others, to beneficiaries of health care benefit programs, particularly TRICARE. These creams ranged in price from approximately $900 to $21,000 for a one-month supply. Centurion paid its marketing representatives a percentage of each paid claim, which ranged from 15-30% of the total claim amount.

Edward Leonard Wells, Jr. was married to Alcira Wells and worked as a Staff Sergeant in the United States Army stationed at Ft. Bragg in North Carolina.

Alcira and Edward Wells conspired to photocopy or otherwise duplicate a doctor’s signature, name, address, NPI number, and DEA number from an authorized prescription for these compounded creams onto scores of forged prescription forms in order to make claims for Centurion marketed creams for TRICARE beneficiaries whom the doctor never saw. This includes claims for prescription compounded creams for the Wells’s own family members, such as their three minor children. Alcira and Edward Wells then submitted and caused to be submitted dozens of fake and fraudulent prescriptions for Centurion-marketed compounded medications for U.S. Army personnel stationed at Ft. Bragg. The purported prescriber of these prescriptions never wrote, authorized, or knew about them.

Edward Wells recruited personnel stationed with him at Ft. Bragg, most of whom were subordinate in rank to him, and paid and offered to pay these TRICARE beneficiaries to obtain the compounded creams.

Alcira and Edward Wells caused TRICARE to be billed at least $1.24 million and TRICARE paid more than $1 million as a result of false and fraudulent claims submitted and caused to be submitted by them during the conspiracy. 

This case was investigated by the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services - Office of Inspector General, the Federal Bureau of Investigation, the U.S. Army Criminal Investigation Command, and the Naval Criminal Investigative Service. It was prosecuted by Assistant United States Attorney Mandy Riedel.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Jaimi Hawkins (51, Winter Springs) guilty of theft of government funds and making a false statement to a federal agency. Hawkins faces a maximum penalty of 10 years in federal prison for the theft offense and up to 5 years’ imprisonment for the false statement offense. Her sentencing hearing is scheduled for September 2, 2019.

Hawkins was indicted on February 13, 2019.

According to evidence presented at trial, Hawkins made omissions and misrepresentations regarding her son’s living arrangements on an application for Supplemental Security Income. She also made misrepresentations and omissions regarding her son’s living arrangements during a subsequent benefit review interview. Hawkins knew that her son’s true living arrangements would have made him ineligible for benefits. As a result of the omissions and misrepresentations, Hawkins obtained $30,705 in Supplemental Security Income benefits to which she was not entitled.

Hawkins also made false statements to the Social Security Administration regarding how she spent the Supplemental Security Income benefits received on behalf of her son. 

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

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Tyrone Yancey (49, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Yancey to forfeit the firearms and ammunition. Yancey had pleaded guilty on March 27, 2019.

According to court documents, on August 21, 2018, the Sarasota Police Department, assisted by the Bureau of Alcohol, Firearms and Explosives, executed a search warrant at Yancey’s home. Inside, officers found two pistols, 50 rounds of ammunition, and various controlled substances, including cocaine base. Yancey admitted that the firearms, ammunition, and controlled substances belonged to him. Yancey, who had previously been convicted of multiple felonies, was prohibited from possessing a firearm or ammunition.

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

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

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Catrell Ivory (28, Orlando) to 26 years and 7 months in federal prison for committing armed robberies at two Orlando Walmart stores, attempting to commit an armed robbery at a third Walmart store, and brandishing and possessing firearms during crimes of violence. 

Ivory was found guilty on January 30, 2019, following a jury trial. 

According to court documents and evidence presented at trial, shortly after midnight on June 2, 2017, Ivory and his accomplices robbed the Walmart Neighborhood Market located at 5559 Clarcona Ocoee Road in Orlando. One of the robbers fired a shot in the direction of a store employee. On July 31, 2017, at approximately 3 a.m., Ivory and his accomplices robbed the Walmart Neighborhood Market located at 2715 South Orange Avenue in Orlando. During the robberies, Ivory and his accomplices forced store employees into the cash room at gunpoint and stole cash from the safe while holding customers and employees at gunpoint at the front of the store. On August 10, 2017, at approximately 6 a.m., Ivory and his accomplices attempted to rob a third Walmart Neighborhood Market located at 8801 Conroy Windermere Road in Orlando, but they were unable to get into the cash office.

During each incident, Ivory and his accomplices carried and brandished firearms and wore masks and gloves to conceal their identities. In total, Ivory and his accomplices stole more than $98,000.

This case was investigated by the Federal Bureau of Investigation, the Orange County Sheriff’s Office, the Osceola County Sheriff’s Office, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Dylan Ray Langley (24, Fort Myers) has pleaded guilty to use the U.S. Mail to threaten to injure an officer of the United States. Langley faces a maximum penalty of 10 years in federal prison.

According to court documents, while serving a state prison sentence for armed robbery, Langley mailed a letter to an Assistant United States Attorney. In his letter, Langley threatened to kill the prosecutor as revenge for his having prosecuted Langley’s “brother.” He also made serious threats against the prosecutor’s family. When interviewed by federal agents, Langley admitted that he had sent the letter and intended to carry out his threats. He explained that the letter’s mention of a “brother” did not refer to any biological brother, but rather a fellow gang member. Langley changed his story after an agent told him that if a state prisoner commits, and is convicted of, a federal crime, then the prisoner must serve his state sentence and then the federal sentence.  During a second interview with agents, Langley claimed that he never intended to carry out the threat and mistakenly had believed that threatening a federal official would result in him being moved from state custody into federal custody.

This case was investigated by Federal Bureau of Investigation, the U.S. Marshals Service, and the Florida Department of Corrections. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

 

Ocala, Florida – Senior U.S. District Judge James D. Whittemore today sentenced Juan Paulin-Leon (36, Mexico) to five years in federal prison for illegal re-entry into the United States by a previously deported alien. Paulin-Leon had pleaded guilty on March 6, 2019.

According to evidence presented in court, on January 27, 2019, the Marion County Sheriff’s Office arrested Paulin-Leon on a state criminal charge of operating a motor vehicle without a valid license. Following his arrest, the jail’s booking system automatically forwarded Paulin-Leon’s personal identifying information to officials with U.S. Immigration and Customs Enforcement (ICE), who confirmed through fingerprints and photographs that Paulin-Leon was illegally present in the United States from Mexico.

Paulin-Leon had previously been deported from the United States on two occasions—February 11, 2005 and January 4, 2013. He also had prior felony convictions for burglary (2001) and trafficking in drugs (2011).

This case was investigated by Enforcement and Removal Operations (Orlando), a component of ICE, and the Marion County Sheriff’s Office.  It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Orlando, FL –U.S. District Judge Paul G. Byron has sentenced Randy Dale Land (58, Orlando) to 20 years in federal prison for receipt of child pornography. Land had pleaded guilty on March 28, 2019.

According to court documents, on January 4, 2019, Land requested pictures of an undercover FBI agent’s notional nine-year-old daughter. As their conversation continued, Land sent the undercover agent three videos of child pornography. Federal agents executed a search warrant at Land’s home and obtained his electronic devices. A forensic review of the devices revealed that Land had received images of child pornography through a chat application and that he possessed approximately 111 videos and 246 images of child pornography.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Alejandro J. Salicrup.

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

WASHINGTON – Public Affairs Officer William Daniels of the U.S. Attorney’s Office in the Middle District of Florida was one of 172 members of the Department of Justice recognized by Deputy Attorney General Jeffrey Rosen, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 35th Director’s Awards Ceremony today in Washington D.C.

The Middle District of Florida was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.

In his prepared remarks, Deputy Attorney General Jeffrey Rosen addressed the recipients and guests, saying, “Today’s honorees have earned the esteem of their colleagues.  But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded. 

In his remarks, EOUSA Director James Crowell told the recipients, “The Department of Justice is in truth a deployed force.  Your work isn’t easy, but it is vital to the functioning and enduring nature of our democracy.  As federal prosecutors, we are held to a higher standard, a standard that requires us to ensure that we uphold the rule of law and the fundamental rules of fairness in every trial, every settlement, every plea, and every legal argument in which we are involved.”

Public Affairs Officer William Daniels is recognized for his extraordinary performance in Public Affairs concerning the Orlando Pulse Nightclub Attack. Mr. Daniels’s exceptional service, from the date of the event and throughout the related criminal trial that led to the acquittal of Noor Salman, merits this award. Mr. Daniels deserves ample praise for his work for his initial response to the scene; ability to address victim and community concerns following the aftermath of the event, and during the criminal investigation and trial; his solutions to unique media and court relations problems; his coordination with DOJ components and local, state, and federal law enforcement; and his deft handling of all public affairs issues.

“Mr. Daniels is a tremendous asset to our team here in the Middle District of Florida. His expertise and skills are unmatched, and his dedication and commitment are unfaltering,” said U.S. Attorney Maria Chapa Lopez. “Mr. Daniels is an extraordinary example of how best a Public Affairs Officer can further the Department and USAO mission.”   

EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Terry Alonzo Wilson (53, Tampa) guilty of conspiracy to commit robbery, robbery, brandishing a firearm during a robbery, and possessing a firearm as a convicted felon. Wilson faces a mandatory minimum penalty of seven years, up to life, in federal prison. His sentencing hearing is scheduled for September 4, 2019.

Wilson was indicted on October 16, 2018.

According to evidence presented at trial, on September 14, 2018, Wilson and another individual robbed the Value Pawn & Jewelry located at 5401 North 40th Street in Tampa. During the robbery, Wilson pointed a pistol at two employees and a customer who were inside the store and threatened to kill them. Wilson also brought zip ties to the robbery and instructed his partner to tie up the employees and the customer. Wilson forced the store manager to unhook the store’s security video recording system, which Wilson took with him when he left the store.

Wilson and his partner took more than $60,000 in jewelry and cash from the shop. Wilson had previously served prison time for robbing another Tampa pawn shop at gunpoint.

Wilson’s co-defendant, Jeremy Williams (35, Miami), previously pleaded guilty for his role in this case. Williams faces a mandatory minimum penalty of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for July 12, 2019.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.

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

The Department of Justice announced today that the United States has filed a complaint in intervention against Smart Pharmacy Inc., and SP2 LLC, two compounding pharmacies located in Jacksonville, Florida. The complaint alleges that the pharmacies improperly included the drug aripiprazole, an atypical antipsychotic drug, in compounded pain creams in order to boost the pharmacies’ reimbursement for the prescriptions and that the pharmacies routinely waived patient copayment obligations. The government has also brought claims against Gregory Balotin, a co-owner of the pharmacies, for his involvement in the alleged schemes. 

Aripiprazole, which is sold under the brand names Abilify, Abilify Maintena, and Aristada, is approved by the U.S. Food and Drug Administration to treat a number of psychological conditions such as schizophrenia, Tourette’s disorder, irritability associated with autistic disorder, and manic and mixed episodes associated with Bipolar I. The complaint alleges that the defendants crushed pills of aripiprazole and included them in compounded creams used topically for pain treatment while knowing that there was not an adequate clinical basis for adding aripiprazole to the compound. The complaint alleges that, by including the drug in the pain creams, the defendants substantially increased their reimbursement for prescriptions for the creams from Medicare Part D and TRICARE, the federal health care program for active duty military personnel, retirees, and their families.

The government’s complaint also alleges that the defendants improperly waived patient copayments. While copayments may be waived in certain unique circumstances, such as on the basis of financial hardship of the patient, the defendants are alleged to have routinely waived patient copayments without regard for whether a waiver was warranted.

“The Department of Justice will hold accountable health care providers that manipulate the system to improperly enrich themselves at the taxpayers’ expense,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Dispensing drugs for unproven uses and improperly waiving patient copayments erodes public trust in the health care system and increases the costs borne by federal health care programs.”

“This complaint addresses alarming misconduct by some of the largest compounding pharmacies in our district,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “We intend to hold providers accountable under the False Claims Act when they put their own economic interests ahead of the medical needs of federal health program beneficiaries.”

“Fraud in government health programs may result in harm to vulnerable populations and needless taxpayer expense,” said Shimon R. Richmond, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “All available resources will be used to aggressively investigate these allegations.”

“I applaud the Department of Justice for its continued efforts to hold compounding pharmacies accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency will continue working closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”

“It is of utmost importance to protect the integrity of DoD programs by rooting out fraud, waste, and abuse that diverts and wastes precious American taxpayer dollars intended for our Warfighters, and their families. Allegations of providers unjustly enriching themselves will be met with a coordinated effort amongst all affected agencies to hold those accountable,” said the Defense Criminal Investigative Service Special Agent in Charge Cynthia Bruce, Southeast Field Office.

The lawsuits, United States ex rel. Sanchez v. Smart Pharmacy, Inc., et al., No. 14-cv-1453 (M.D. Fla.), and United States ex rel. Kohli v. Smart Pharmacy, Inc., et al., No. 16-cv-387 (M.D. Fla.), were originally filed in the U.S. District Court for the Middle District of Florida by Amy Sanchez and Ashok Kohli, two former employees of Smart Pharmacy. The lawsuits were filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims and to receive a share of any recovery. The Act permits the United States to intervene in such lawsuits, as the United States has done in these cases. 

This matter is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the Defense Criminal Investigative Service, the Department of Health and Human Services Office of Inspector General, the Department of Veterans Affairs Office of Inspector General, the Department of Labor Office of Inspector General, and the Office of Personnel Management Office of Inspector General.  

The claims asserted against the defendants are allegations only; there has been no determination of liability. 

WASHINGTON – The Department of Justice announced today that the United States has filed a complaint in intervention against Smart Pharmacy Inc., and SP2 LLC, two compounding pharmacies located in Jacksonville, Florida. The complaint alleges that the pharmacies improperly included the drug aripiprazole, an atypical antipsychotic drug, in compounded pain creams in order to boost the pharmacies’ reimbursement for the prescriptions and that the pharmacies routinely waived patient copayment obligations. The government has also brought claims against Gregory Balotin, a co-owner of the pharmacies, for his involvement in the alleged schemes. 

Aripiprazole, which is sold under the brand names Abilify, Abilify Maintena, and Aristada, is approved by the U.S. Food and Drug Administration to treat a number of psychological conditions such as schizophrenia, Tourette’s disorder, irritability associated with autistic disorder, and manic and mixed episodes associated with Bipolar I. The complaint alleges that the defendants crushed pills of aripiprazole and included them in compounded creams used topically for pain treatment while knowing that there was not an adequate clinical basis for adding aripiprazole to the compound. The complaint alleges that, by including the drug in the pain creams, the defendants substantially increased their reimbursement for prescriptions for the creams from Medicare Part D and TRICARE, the federal health care program for active duty military personnel, retirees, and their families.

The government’s complaint also alleges that the defendants improperly waived patient copayments. While copayments may be waived in certain unique circumstances, such as on the basis of financial hardship of the patient, the defendants are alleged to have routinely waived patient copayments without regard for whether a waiver was warranted.

“The Department of Justice will hold accountable health care providers that manipulate the system to improperly enrich themselves at the taxpayers’ expense,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Dispensing drugs for unproven uses and improperly waiving patient copayments erodes public trust in the health care system and increases the costs borne by federal health care programs.”

“This complaint addresses alarming misconduct by some of the largest compounding pharmacies in our district,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “We intend to hold providers accountable under the False Claims Act when they put their own economic interests ahead of the medical needs of federal health program beneficiaries.”

“Fraud in government health programs may result in harm to vulnerable populations and needless taxpayer expense,” said Shimon R. Richmond, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services. “All available resources will be used to aggressively investigate these allegations.”

“I applaud the Department of Justice for its continued efforts to hold compounding pharmacies accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency will continue working closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”

“It is of utmost importance to protect the integrity of DoD programs by rooting out fraud, waste, and abuse that diverts and wastes precious American taxpayer dollars intended for our Warfighters, and their families. Allegations of providers unjustly enriching themselves will be met with a coordinated effort amongst all affected agencies to hold those accountable,” said the Defense Criminal Investigative Service Special Agent in Charge Cynthia Bruce, Southeast Field Office.

The lawsuits, United States ex rel. Sanchez v. Smart Pharmacy, Inc., et al., No. 14-cv-1453 (M.D. Fla.), and United States ex rel. Kohli v. Smart Pharmacy, Inc., et al., No. 16-cv-387 (M.D. Fla.), were originally filed in the U.S. District Court for the Middle District of Florida by Amy Sanchez and Ashok Kohli, two former employees of Smart Pharmacy. The lawsuits were filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims and to receive a share of any recovery. The Act permits the United States to intervene in such lawsuits, as the United States has done in these cases. 

This matter is being handled by the Civil Division’s Commercial Litigation Branch and Assistant United States Attorney Collette B. Cunningham for the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the Defense Criminal Investigative Service, the Department of Health and Human Services Office of Inspector General, the Department of Veterans Affairs Office of Inspector General, the Department of Labor Office of Inspector General, and the Office of Personnel Management Office of Inspector General.  

The claims asserted against the defendants are allegations only; there has been no determination of liability. 

WASHINGTON – On June 12 to 14, in Cartagena, Colombia, prosecutors from Colombia, Mexico, and the United States came together for the second Transnational Criminal Organizations (TCO) Working Group.  The mission of the Working Group is to engage in specialized training and to develop joint strategies and best practices to dismantle the transnational criminal organizations that threaten the three nations.

During the Working Group, experienced prosecutors from the three nations benefited from trainings on international judicial cooperation and money laundering, and began developing a road map for the development or dissemination of best practices and effective strategies to dismantle these dangerous enterprises.  This effort is all the more critical given the increasing interconnectedness between Mexican cartels and Colombian drug trafficking organizations, which collaborate to improve their profits and ability to traffic narcotics, humans, weapons and other contraband into the United States, threatening its national security.

The TCO Working Group is a direct outgrowth of Presidential Executive Order 13773 – Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking – which recognized the threat that transnational criminal organizations, including transnational drug cartels, pose to the national security of the United States.  In the Executive Order, President Trump prioritized the need to increase cooperation and information sharing with foreign counterparts, and to enhance their operational capabilities via increased security sector assistance, all with the goal of dismantling TCO. Since the 2017 Executive Order was issued, the President has continually reiterated the need to immediately attack the ability of these organizations to traffic narcotics and other criminality into the United States.

The U.S. Department of Justice’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT), which is housed under the Department’s Criminal Division, seized on the momentum from the Dec. 6 to 7, 2017 “Trilateral Summit Against Transnational Organized Crime,” to spearhead the TCO Working Group.  The Attorneys General from the United States, Mexico and Colombia converged at the Trilateral Summit to strengthen their commitment to international judicial cooperation and to reinforce joint strategies to dismantle transnational organized crime, such as narcotics trafficking, money laundering, and public corruption.  Via a Joint Declaration, the three Attorneys General called on their respective institutions to increase the exchange of best practices to effectively dismantle TCO and to develop joint capacity building and training programs for those charged with investigating and prosecuting TCO.  With this clear mandate, OPDAT Colombia and OPDAT Mexico sponsored the first TCO Working Group in August 2018 in Mexico City, Mexico.

Participating in the TCO Working Group meeting was U.S. Attorney Maria Chapa Lopez for the Middle District of Florida; representatives of the Fiscalía General de la Nación (FGN) of Colombia including Claudia Carrasquilla, head of the National Organized Crime Unit and Ricardo Carriazo, head of the National Drug Trafficking Unit of FGN; representatives of the Fiscalía General de la República (FGR) of Mexico, OPDAT Resident Legal Advisors (RLAs) in Colombia and México and Assistant U.S. Attorneys from the federal districts of Arizona, Southern District of California, Middle District of Florida, Southern District of Florida, Northern District of Georgia, District of New Jersey, District of New Mexico, Eastern District of Texas, Southern District of Texas, Western District of Texas and District of Utah; trial attorneys from the Criminal Division’s Money Laundering and Asset Recovery Section and representatives from the Criminal Division’s International Criminal Investigative Training and Assistance Program (ICITAP); the U.S. Drug Enforcement Administration (DEA); U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the Colombian National Police.

“Global cooperation is the key to mitigating threats to our national security and thwarting borderless crimes,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida.  “The OPDAT Program continues to provide us, and our international partners, with the vital tools, information, and resolve necessary to defeat criminals, wherever they operate.”

"We held the trilateral meeting between the U.S., Colombian and Mexican prosecutors, where we've discussed issues of absolute importance for the dismantling of transnational criminal organizations that affect the national security of our countries,” said Ricardo Carriazo, Director of the Special Unit against Drug Trafficking for the Colombian Attorney General’s Office.  “The results in this exchange of experiences and good practices will be seen soon in the development of international judicial operations. "

OPDAT spearheads and organizes this critical event in coordination with the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs (INL).

 

Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Guillermo Ramirez, Jr. (46, Ruskin) to 15 years in federal prison for knowingly possessing a firearm as a convicted felon. Ramirez had pleaded guilty on March 27, 2019.

According to the plea agreement and evidence presented at the sentencing hearing, on December 3, 2016, Ramirez arranged to sell a firearm to an undercover detective from the Hillsborough County Sheriff’s Office. When Ramirez and the detective met, Ramirez pulled a Jennings 9mm semi-automatic pistol from his waistband and sold it to the detective. Ramirez then offered to sell the detective more guns.

At the time of this sale, Ramirez had multiple prior felonies, including convictions for aggravated assault, delivery of cocaine, and possession of cocaine with intent to sell. Therefore, he was – and is – prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Hillsborough County Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Taylor G. Stout.

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

WASHINGTON – Attorney General William P. Barr today announced the establishment of the Transnational Elder Fraud Strike Force, a joint law enforcement effort that brings together the resources and expertise of the Department of Justice’s Consumer Protection Branch, the U.S. Attorneys’ Offices for six federal districts, the FBI, the U.S. Postal Inspection Service, and other organizations. The Strike Force will focus on investigating and prosecuting individuals and entities associated with foreign-based fraud schemes that disproportionately affect American seniors. These include telemarketing, mass-mailing, and tech-support fraud schemes.

The Transnational Elder Fraud Strike Force will be comprised of prosecutors and data analysts from the Consumer Protection Branch, prosecutors with six U.S. Attorneys’ Offices (Central District of California, Middle and Southern Districts of Florida, Northern District of Georgia, Eastern District of New York, Southern District of Texas), FBI special agents, Postal Inspectors, and numerous other law enforcement personnel. The Strike Force will also collaborate with the Federal Trade Commission and industry partners, who have pledged to engage with the Department to help end the scourge of elder fraud. It will further benefit from the help of the Elder Justice Coordinators now assigned in every U.S. Attorney’s Office.

“Fraud against the elderly is on the rise,” said Attorney General Barr.  “One of the most significant and pernicious causes for this increase is foreign-based fraud schemes. The new Transnational Elder Fraud Strike Force will bring together the expertise and resources of our prosecutors, federal and international law enforcement partners, and other government agencies to better target, investigate, and prosecute criminals abroad who prey on our elderly at home. The Department of Justice is committed to ending the victimization of elders across the country.”

“It doesn’t matter where these criminals live. We’re committed to keeping our elderly citizens safe, whether they’re being targeted door-to-door, over the phone, or online, from thousands of miles away,” said Director Christopher Wray of the FBI. “Our new Transnational Elder Fraud Strike Force will give us additional resources and tools to identify and stop those who are targeting our senior communities from overseas. If you think you may be a victim of elder fraud, or you know someone who is, please let us know. We want to help.”

“Protecting older Americans and educating them and their caregivers about foreign lotteries and sweepstakes has been a long-time priority of the Postal Inspection Service,” said Chief Postal Inspector Gary Barksdale. “Our consumer awareness programs, coupled with our investigative efforts, have prevented countless older Americans from fraud and financial exploitation. But there’s so much more than can be done. By joining our partner agencies in this Strike Force, we become more effective at identifying and stopping those who prey on our vulnerable citizens.”

“Florida is home to millions of our nation’s seniors, who are often targeted for fraud through unscrupulous means,” said U.S. Attorney Maria Chapa Lopez, Middle District of Florida. “The Transnational Elder Fraud Strike Force will enhance our ability to coordinate resources beyond our borders, and pursue and prosecute those who seek to prey upon one of our most vulnerable populations.

Using analytical tools and sophisticated investigative approaches, the Strike Force will seek to identify those responsible for foreign fraud schemes affecting American seniors, as well as those individuals and entities facilitating such schemes. The Strike Force will coordinate closely with foreign law enforcement, and will use all available criminal and civil tools to stop victims from losing money and to hold wrongdoers responsible.

The Attorney General announced creation of the Strike Force as part of a week of events recognizing World Elder Abuse Awareness Day on June 15, which is dedicated to raising awareness about the millions of older adults who experience elder abuse, neglect, and financial exploitation.

The establishment of the Transnational Elder Fraud Strike Force builds on the Trump Administration’s commitment to combating elder fraud. That commitment was reflected in the Department’s historic 2018 and 2019 Elder Fraud Sweeps—which collectively brought criminal and civil actions against more than 500 defendants responsible for defrauding more than $1.5 billion from at least 3 million victims —as well as the 2018 Rural and Tribal Elder Justice Summit.

More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov.

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Kimberly Dues (37, Jacksonville) has pleaded guilty to disaster assistance fraud involving fraudulently obtained FEMA benefits. She faces up to 30 years in federal prison and payment of restitution to the United States in the amount of $32,038. A sentencing date has not yet been set.

According to court documents, in November 2017, the U.S. Department of Homeland Security, Office of Inspector General (DHS-OIG) received information that Dues had provided false information to the Federal Emergency Management Agency (FEMA) in order to receive disaster assistance benefits. Upon investigation, DHS-OIG determined that, in September 2017, Dues submitted an application to FEMA for disaster assistance benefits, concerning Hurricane Irma, through the Individuals and Households Program. A review of the application revealed that Dues had falsely claimed that her primary residence in Jacksonville, Florida, was damaged due to the hurricane. Based on the purported storm damage, Dues claimed that she had to relocate and was in need of disaster assistance benefits. Because of the false statements made in her application, Dues fraudulently obtained $32,038 from FEMA.

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

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

Jacksonville, FL. – U.S. District Judge Henry Lee Adams, Jr. has sentenced Lonnie Jack Trowell (31, Lake City) to 10 years and 10 months in federal prison for distribution of methamphetamine and possession with the intent to distribute 5 grams or more of actual methamphetamine. 

Trowell had pleaded guilty on March 15, 2019.

According to court documents, the Drug Enforcement Administration and the Columbia County Multi-Jurisdiction Drug Task Force utilized a confidential source to make two controlled purchases of methamphetamine from Trowell on March 27 and May 22, 2018. On May 25, 2018, the troopers from the Florida Highway Patrol conducted a traffic stop on a vehicle driven by Trowell. A subsequent search of the vehicle revealed 51.78 grams of actual methamphetamine with 99% purity, a small black scale, and four syringes.

Trowell is responsible for a total of 75.59 grams of actual methamphetamine and is a Career Offender. His prior convictions include possession of a controlled substance with the intent to sell or deliver and manufacture of controlled substance.  

This case was investigated by the Drug Enforcement Administration, the Columbia County Multi-Jurisdiction Drug Task Force, and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Beatriz Gonzalez.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that 13 individuals have been sentenced in connection with their involvement in an interstate cocaine distribution conspiracy. During the investigation of this case, law enforcement seized more than seven kilograms of cocaine; nine firearms, including an assault rifle and shotgun; hundreds of rounds of ammunition; approximately $40,000 in drug proceeds; and a currency counter.

According to court documents, from November 27, 2017, through April 18, 2018, leaders of the organization oversaw the shipment of more than 20 kilograms of cocaine into Florida from Puerto Rico. After packaging the cocaine for distribution, the conspirators provided the drugs to street level distributors who then sold it in Tampa, Orlando, and elsewhere.

The following individuals have been sentenced in connection with this case: 

Name Age, Residence Term of Imprisonment

William Leverne Norton

41, Tampa

14 years

Jesus Manuel Rodriguez

31, Brandon

12 years, 7 months

Bryan Gomez Nevarez

31, Avon Park

11 years, 3 months

Luis Enrique Hernandez Quinones

29, Davenport

11 years, 3 months

Avisys Lee Jackson

28, Tampa

10 years, 10 months

Pedro Luis Ramos Burgos

26, Kissimmee

10 years

Javier Albaladejo Lopez

24, Tampa

10 years

Hector Jose Carrasquillo Perez

26, Cataño, Puerto Rico

10 years

Jose Angel Mendoza, Jr.

29, Tampa

8 years, 1 month

Antonio Soul Gonzalez

41, Tampa

7 years, 9 months

Ismael Pagan Marrero

44, Orlando

5 years, 10 months

Edgar Hernandez

28, Tampa

4 years, 3 months

Henry Coira

31, Avon Park

5 years, 10 months

“This investigation represents our commitment to keeping communities safe from destructive drug trafficking enterprises,” said Bryan Vorndran, Acting Special Agent in Charge of the FBI Tampa Division. “I commend the federal, state and local law enforcement cooperation in getting the job done and disrupting a major supplier of cocaine in Central Florida.”

“As a result of the collaborative efforts and strong partnership between our local, state, and federal partners, justice has indeed been served by ensuring that these convicted drug traffickers are no longer left on the playing field to inflict harm to the law abiding citizens of the community,” said Adolphus P. Wright, Special Agent in Charge of the DEA Miami Field Division. “We remain committed and will continue to work tirelessly with our law enforcement partners throughout the region to keep our communities safe from illicit drug trafficking and the associated dangers which follow.”

“The U.S. Postal Inspection Service is committed to eradicating illegal drugs and their proceeds from the U.S. Mail,” said U.S. Postal Inspector Damien Kraebel. “Dismantling this conspiracy furthers our mission to help protect employees and customers from the violence related to drug trafficking, and to inhibit the spread of illegal substances into neighborhoods across America.”

“The diligent work done by law enforcement to bring down this illegal operation should be commended,” said FDLE’s Tampa Special Agent in Charge Mark Brutnell. “FDLE is proud to be a part of this effort to take drugs and guns off of our streets, and help make all of us safer.”

“Taking down a sophisticated criminal operation requires teamwork,” said Tampa Police Chief Brian Dugan. “Our streets are safer today due to efforts of our agencies working together. We’re grateful to the U.S. Attorney for the successful prosecution that will put these individuals behind bars for a long time.”

These cases were investigated by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. Participating agencies in this OCDETF operation included the Federal Bureau of Investigation, the Tampa Police Department, the Plant City Police Department, the Florida Department of Law Enforcement, the Drug Enforcement Administration, and the U.S. Postal Inspection Service. The cases were prosecuted by Assistant United States Attorney Carlton C. Gammons.

Tampa, Florida – Jauwan Smith (22, Tampa) has pleaded guilty to possession of a firearm near a school zone. Smith faces a maximum penalty of five years in federal prison. His sentencing date is not yet scheduled.

According to the facts presented at the plea hearing, Tampa Police officers observed Smith walking near Chelsea and 25th Street North in Tampa on the evening of March 6, 2018. When they approached Smith and engaged him in conversation, Smith admitted that he was armed with a gun. Officers then found a CZ model 7.56mm caliber pistol, loaded with seven rounds of ammunition, in Smith’s waistband. Smith possessed the loaded firearm within 1,000 feet of the grounds of the Charles J. Ferrell Middle Magnet School, a public middle school for girls in Hillsborough County, Florida.

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Robert Sciolino (51, Bradenton) to 10 years in federal prison for receipt and possession of child pornography. The court also ordered Sciolino to pay $57,000 in restitution to the victims and forfeit six electronic devices that he used in the commission of the offense.

Sciolino had pleaded guilty on March 22, 2019.

According to court documents, in June 2014, undercover detectives from New Zealand downloaded multiple files depicting child pornography from Sciolino’s residence. Law enforcement later executed a search warrant at Sciolino’s residence, and recovered two computers and two flash drives. A forensic analysis of the devices revealed 354 images and 619 videos of child pornography. Some of the images and videos depicted children as young as three years old being sexually abused.  

Between December 2015 and January 2016, undercover FBI agents downloaded multiple files depicting child pornography from a user that was connecting to the internet via unsecured wireless routers, within a 10-mile radius in Sarasota County, Florida. On February 1, 2016, FBI agents, working alongside detectives from the Bradenton Police Department, tracked this user to a grocery store parking lot in Bradenton. At approximately 9:00 p.m., Sciolino was found at the parking lot while he was actively downloading child pornography from his car. A forensic analysis of the devices recovered from Sciolino’s car revealed 1,539 images and 81 videos of child pornography.

“This sentence is the embodiment of unremitting efforts of detectives and agents at the local, federal, and international level to prevent the exploitation and victimization of children,” said Special Agent Dan Ward, FBI Child Exploitation Task Force coordinator in Fort Myers.

This case was investigated by the Bradenton Police Department, the FBI, and the New Zealand Police Department. It was prosecuted by Assistant United States Attorneys Diego F. Novaes and Lisa M. Thelwell.

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

Tampa, Florida – U.S. District Judge James D. Whittemore today sentenced Anthony Phillips III (18, Tampa) to 20 years in federal prison for two counts of carjacking and two counts of brandishing firearms in furtherance of carjacking, which he committed with his father, Anthony Phillips, Jr., in St. Petersburg, Florida.

Phillips III had pleaded guilty on March 14, 2019.

According to court documents, in each of the carjackings, the defendants held firearms against the heads or chests of their victims. In the first carjacking, committed on New Year’s Day in 2018, in Tampa, the defendants stripped and pistol whipped the victim, and threatened to harm his family if he reported the incident to law enforcement. In the second carjacking, committed two days later, in St. Petersburg, the defendants and two others took a vehicle from a pediatrician’s parking lot in broad daylight. During the incident, the assailants pressed firearms against the chests of two parents, who successfully begged for the return of their one-year-old infant that was still in the vehicle. Later that day, as United States Marshals deputies arrested the defendants, they attempted a forceful escape.

Anthony Phillips, Jr. (39, Tampa) pleaded guilty on July 16, 2018, to two counts of brandishing a firearm in furtherance of a carjacking. He was sentenced to 20 years’ imprisonment on March 12, 2019.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the St. Petersburg Police Department, and the United States Marshals Service. It was prosecuted by Assistant United States Attorney Natalie Hirt Adams.

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

Jacksonville, Florida –Arafat Aljubeh (54, Tampa) has pleaded guilty to conspiring to launder the proceeds of a conspiracy involving the distribution of a synthetic marijuana referred to as “AB-FUBINACA.” At the time of the offense, Aljubeh was on federal supervised release stemming from a 2014 federal conviction for conspiring to traffic in counterfeit Nike shoes. Aljubeh faces a maximum sentence of 20 years in federal prison on the current offense, and a maximum penalty of 2 years’ imprisonment for violating his supervised release.

According to the plea agreement, in April 2017, in Baker County, a Florida Highway Patrol (FHP) trooper conducted a traffic stop on a vehicle driven by Thair Zatar. Zatar was issued a warning and gave the trooper consent to search his vehicle. When the trooper looked in the back of Zatar’s vehicle, he discovered nine large black garbage bags, weighing approximately 415 pounds, which were stuffed with 27,000 individual packets labeled as “potpourri.” The packets were branded with names including “Outer Space” and “Geeked Up.” The trooper suspected the packets contained synthetic marijuana, and the Drug Enforcement Administration later confirmed that fact. Zatar was arrested and informed the DEA that his supplier was Aljubeh. 

Zatar pleaded guilty to possession with the intent to distribute AB-FUBINACA and was sentenced in 2018 to four years and three months in federal prison.

A review of Zatar’s phone revealed text messages that had been sent to Zatar instructing him where to deposit the proceeds from the drug sales. An investigation into the account, and others, by Homeland Security Investigations (HSI) revealed that the accounts were being used to receive the proceeds of AB-FUBINACA from Zatar and others. After deposits were made into the account, Aljubeh and his co-conspirators would transfer the money back and forth between the accounts in a complex series of transactions designed to obscure the source, ownership, and control of the funds. Ultimately, the drug proceeds were used to make five purchases of real estate in the Tampa area.

This case was investigated by the Drug Enforcement Administration, Homeland Security Investigations, the Florida Highway Patrol, and the Pasco Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Jay Taylor.

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.

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, 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.

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.

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, 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, 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.

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.

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.

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.

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.

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.

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.

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, 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.

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.

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.

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.

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.

 

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.