Middle District of Florida
Press releases recorded for this federal judicial district.
Retired Navy Service Member Pleads Guilty to Attempted Enticement of Minors to Engage in Sexual Activity and Possession of Child PornographyRead the Press Release
Orlando, Florida– United States Attorney Maria Chapa Lopez announces that Charles S. Leis (48, Tampa) has pleaded guilty to attempted enticement of minors to engage in sexual activity and possession of child pornography. Leis faces a mandatory minimum penalty of 10 years, and up to life, in federal prison for the attempted enticement count and up to 10 years in federal prison for the possession offense. A sentencing date has not yet been set.
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, including oral, vaginal, and anal 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 find 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 residence 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 is being 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.
Jacksonville Drug Dealer Sentenced to Ten Years in Prison for Firearm PossessionRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Daniel Francesco Vidal (29, Jacksonville) to 10 years in federal prison for possession of a firearm by a convicted felon. The court also ordered Vidal to forfeit the Walther PPK pistol that he had possessed.
Vidal pleaded guilty on August 6, 2018.
According to court documents and information presented at sentencing, on March 12, 2017, Vidal was driving a car on Interstate 95, in Jacksonville, when a Jacksonville Sheriff’s Office (“JSO”) patrol officer determined there was probable cause to believe that the car had been stolen. Three JSO patrol officers attempted a traffic stop of Vidal’s vehicle, but Vidal failed to comply. Ultimately, Vidal stopped his car after the officers forced him off the road. Vidal was detained, and inside his car, an officer found a Walther PPK pistol, along with drug packaging and paraphernalia consistent with trafficking in marijuana.
On May 22, 2017, Vidal made a call for service to JSO, and two JSO patrol officers responded to Vidal’s house, where two additional firearms were found in plain view.
On July 25, 2017, JSO officers attempting to execute a federal arrest warrant for Vidal encountered him driving a pickup truck on Interstate 95 in Jacksonville. During the stop, Vidal used his pickup truck to intentionally ram JSO vehicles, then attempted to flee on foot. Vidal was apprehended, and a search of his truck revealed several pounds of marijuana and approximately $37,000, as well as a gun safe in the bed of the truck.
Prior to committing these crimes, Vidal was a 10-time convicted felon, and thus is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Bradenton Man Pleads Guilty to Producing Sex Abuse Video Series of One-Year-OldRead the Press Release
Tampa, Florida – James Lockhart (31, Bradenton) today pleaded guilty to an information charging him with producing, distributing, and possessing child pornography. Lockhart, formerly a paramedic for a private ambulance company, faces up to 70 years in federal prison. A sentencing date has not been set.
According to the plea agreement, between March 2016 and February 2018, Lockhart produced a four-video series of child sex abuse where he recorded himself having sex with a one-year-old child. In the videos, Lockhart displayed signs bearing the dark web forum’s name and his online moniker in order to gain notoriety in the forum and elsewhere. In addition to the dark web series, Lockhart created other sex abuse videos and images of the child.
Lockhart also collected child pornography not involving the one-year-old victim. Following the execution of a search warrant on Lockhart’s residence, authorities seized devices containing 43 videos depicting child pornography and at least 4,000 images of child pornography. Lockhart’s child pornography collection included infants and sadomasochistic and violent conduct.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (Boston and Tampa), with assistance from the Queensland Police Service (Commonwealth of Australia). It is being prosecuted by Assistant United States Attorney Frank Murray.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Port Richey Man Sentenced to Federal Prison for Aiming A Laser at Police HelicopterRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Ryan J. Fluke (28, Port Richey) to 21 months in federal prison for aiming a laser at a police helicopter. Fluke pleaded guilty on November 20, 2018.
According to court documents, the offense occurred on December 5, 2017, around 10:50 p.m., when a Pasco Sheriff’s Office helicopter was dispatched to assist other deputies during an encounter with a barricaded individual at a residence in Port Richey. The helicopter flew over the house where the individual had barricaded himself. As the helicopter was providing assistance for the deputies who were preparing to enter the home, Fluke aimed a laser pointer at the helicopter. The laser pointer caused a high-intensity red laser beam to enter the interior cockpit and the pilot’s line of sight, initially blinding and disorientating the crewmembers for several seconds, and making it hard to operate the aircraft. At the time of the incident, the aircraft was flying low to the ground, over a heavily populated area. The aircraft was forced to abandon air support for the ground units.
This case was investigated by the FBI and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Michael C. Baggé-Hernández and Charlie Connally.
Members of Fraudulent Jamaican Sweepstakes Ring Sentenced for Conspiracy, Money Laundering and Aggravated Identity TheftRead the Press Release
Orlando, Florida – United States District Judge Roy B. Dalton has sentenced Shameer Hassan (45, Kissimmee) and Nadine Bromfield Alexander (39, Orlando) to 10 years and 7 years in federal prison, respectively, for conspiracy to commit wire fraud, conspiracy to commit money laundering, and aggravated identity theft. Hassan was sentenced to an additional 2 years’ imprisonment for money laundering. The court also ordered Hassan and Alexander to pay $150,314 in restitution to the identified victims of the fraud scheme.
A federal jury found Hassan and Alexander guilty on November 6, 2018.
According to testimony and evidence presented at trial, Hassan and Alexander participated in a fraudulent sweepstakes scheme that operated in the Middle District of Florida and Jamaica. Members of the conspiracy targeted victims throughout the United States, many of whom were elderly, and falsely informed them that they had won a multi-million dollar prize in a sweepstakes contest. The conspirators instructed the victims to wire funds to “representatives” in Orlando in order to prepay fees and taxes associated with the prize. Upon receipt of the funds, other members of the conspiracy converted the funds to money orders and cash. They then paid Hassan, who operated several money transfer businesses, to wire the fraud proceeds to Jamaica.
Alexander stole the personal identity information belonging to more than 35 individuals from her workplace and gave that information to her co-conspirators. Hassan then used the stolen identity information to launder the funds. In less than two years, Hassan and his co-conspirators transferred $4.7 million in funds, obtained from victims, to conspirators in Jamaica.
The court previously sentenced the following members of the conspiracy:
Charlton Morris (39, Casselberry) pleaded guilty to conspiracy to commit money laundering. He was sentenced to 10 years, 1 month in prison.
Robert Blake Madurie (29, Jamaica) pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft. He was sentenced to eight years in prison.
Danny Lopez (32, Orlando) pleaded guilty to conspiracy to commit wire fraud. He was sentenced to seven years and eight months in prison.
Treysier LaPalme (25, Orlando) pleaded guilty to conspiracy to commit wire fraud. He was sentenced to seven years and three three months in prison.
Oral Anthony Stewart (35, Lithonia, Georgia) pleaded guilty to conspiracy to commit wire fraud. He was sentenced to five years in prison.
This case was investigated by the Department of Homeland Security and the SCIRS Federal Financial Crimes Task Force, whose members include the IRS- Criminal Investigation, the Brevard County Sheriff’s Office, the St. Cloud Police Department, the Osceola County Sheriff’s Office, the Winter Park Police Department, the Casselberry Police Department, the Kissimmee Police Department, the Maitland Police Department, the Palm Bay Police Department, and the U.S. Secret Service. It was prosecuted by Assistant United States Attorneys Karen L. Gable and Roger B. Handberg.
Former Department of Defense Employee Sentenced to Ten Years for Attempting to Entice A Minor to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced Mohammad Abdul Malek (68, St. Marys, GA) to 10 years in federal prison for attempted enticement and coercion of a minor to engage in sexual activity. Malek pleaded guilty on October 30, 2018.
According to court documents, between August 23 and August 26, 2018, Malek engaged in email and text communications with an undercover agent posing as a 13 year-old girl. Malek asked for photos of the “child” and told her he wanted to teach her about “making love.” Malek was advised and acknowledged that the “child” was a minor, and he suggested that they meet to engage in sex. On August 26, 2018, Malek traveled to Jacksonville to meet the “child,” and was arrested by officers from the Jacksonville Sheriff’s Office.
“This child predator thought he was traveling to sexually assault a child,” said HSI Tampa Special Agent in Charge James C. Spero. “Instead, he was met by undercover law enforcement who stopped him in his tracks.”
This case was investigated by the Jacksonville Sheriff’s Office and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Ashley Washington.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Mayport Navy Lieutenant Sentenced to 10 Years for Using the Internet to Entice and Meet A Child to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Michael Douglas McNeil (31, Jacksonville) to a term of 10 years in federal prison for using the internet to attempt to entice a child to engage in sexual activity. McNeil was also ordered to serve a 5-year term of supervised release and to register as a sex offender. McNeil is a lieutenant in the U.S. Navy; he has been detained since his arrest on August 30, 2018.
According to court documents, on August 27, 2018, a detective with the Clay County Sheriff’s Office, who was posing online as a family member of a 12-year-old handicapped child, received a message on a social media application from McNeil, who identified himself as “Mark.” McNeil expressed interest in having sex with the “child” and was advised that the “child” was 12 years old. Between August 27 and August 30, 2018, McNeil and the undercover detective discussed plans for McNeil to meet the “child” for sex. McNeil asked for several photos of the “child,” sent the undercover detective an explicit photo of himself, and asked specific questions about the “child’s” sexual experience and abilities. On August 30, 2018, McNeil drove to a coffee shop in Orange Park to meet the “child” for sex and was arrested.
During an interview, McNeil admitted that he had engaged in online and text conversation with the “guardian” of the 12-year-old “child” and that he showed up to meet the “child” because of his “curiosity” about “a younger girl.”
“With the help of HSI’s law enforcement partners at the Clay County Sheriff’s Office, the Jacksonville Sheriff’s Office, and the Naval Criminal Investigative Service, this predator was stopped before he could harm a child,” said HSI Tampa Special Agent in Charge James C. Spero.
This case was investigated by the Clay County Sheriff’s Office, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Citrus County Woman Pleads Guilty to Theft of Government Funds and Making False Statements to the Social Security AdministrationRead the Press Release
Ocala, Florida – Ruth S. Sprake (60, Crystal River) today pleaded guilty to theft of government funds and making false statements to the Social Security Administration (SSA). She faces a maximum penalty of 10 years in federal prison for the theft offense and up to 5 years’ imprisonment for the false statements charge. Sprake was indicted on November 7, 2018. A sentencing date has not yet been set.
According to the plea agreement, Sprake is a former rural route carrier for the United States Postal Service (USPS). Since September 2002, she has been receiving full workers’ compensation disability benefits from the Department of Labor (DOL) for a work-related injury. Each year, since 2013, Sprake was required to submit a report to the DOL detailing her sources of income and any employment activities. However, from 2013-2018, Sprake failed to report her income from her dog-breeding business, as well as her clerical work for a real estate company. As a result, Sprake obtained more than $192,000 in benefit payments to which she was not entitled.
Further investigation revealed that, in December 2015, Sprake also made false written statements to the SSA in which she had underreported her personal and household income in an effort to obtain increased disability benefit payments from that agency.
This case was investigated by the U.S. Postal Service – Office of the Inspector General and the Social Security Administration – Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Sex Offender Sentenced to Two Years for Violating Supervised ReleaseRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced sex offender David Padilla-Rivera (39, Orlando) to two years in federal prison for failure to comply with the terms of his supervised release.
According to court documents, on April 5, 2017, Padilla-Rivera was sentenced to two years and three months in federal prison for failure to register as a sex offender pursuant to the requirements of the Sex Offender Registration and Notification Act. Padilla-Rivera’s registration requirements stem from his 2010 state conviction, for the false imprisonment and attempted sexual assault of a 16-year-old female. Following his release from prison, on February 26, 2018, Padilla-Rivera violated the terms of his supervised release by failing to notify his probation officer regarding anticipated changes in address and employment. He was then sentenced to 14 months in federal prison.
Upon his release from prison on December 21, 2018, within 24 hours, Padilla-Rivera was found possessing a smartphone, in violation of the conditions of his supervised release. A forensic search of the phone revealed that Padilla-Rivera had visited pornographic websites between December 22, 2018 and December 27, 2018.
This case was investigated by the U.S. Probation Office. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Man Who Detonated Explosive Device in Tampa Sentenced to One Year in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge William Jung has sentenced Joseph David Caltagirone (61, Tampa) to 12 months in federal prison for possessing an unregistered destructive device. Caltagirone pleaded guilty on December 10, 2018.
According to court documents, on April 11, 2018, members of the Tampa Police Department Bomb Squad were conducting training on North 12th Street, in Tampa, when they heard a loud explosion. They saw a large greyish-white smoke plume several blocks away, rising above East Columbus Drive. Officers canvassed the neighborhood, eventually locating Caltagirone’s residence.
Inside that residence, law enforcement officers discovered PVC piping, a hobby fuse, and precursor chemicals such as potassium nitrate, air float charcoal, and sulfur. Officers also discovered an assembled destructive device resembling a “pipe bomb.” The device had been constructed using a PVC pipe, sealed at each end by PVC end caps, and an improvised initiator. The pipe contained Tannerite, an explosive mixture. Had the device exploded, it could have projected PVC fragments at high velocities in all directions.
Caltagirone admitted to having designed, constructed, and possessed the devices. He also admitted to having detonated an explosive device in the backyard of his residence—a house in a densely populated neighborhood just north of Ybor City and only a few blocks from a middle school.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Frank Murray.
Fruitland Park Man Sentenced to Federal Prison for Threatening Members of CongressRead the Press Release
Ocala, Florida – U.S. Senior District Judge James D. Whittemore has sentenced Richard Mel Phillips (36, Fruitland Park) to 18 months in federal prison for transmitting threatening communications in interstate commerce. Phillips had pleaded guilty on November 8, 2018.
According to court documents, Phillips sent a series of threatening phone calls and voicemails to members of Congress. In the most recent of these voicemails, Phillips threatened to travel to a member of Congress’s home district to kill them, and threatened to “slaughter” any law enforcement agents that were sent to Phillips’ home. In a subsequent interview with the FBI, Phillips admitted to making the threatening voicemail.
This case was investigated by the FBI–Daytona Beach Resident Agency. It was prosecuted by Assistant United States Attorney William S. Hamilton.
Flagler County Man Indicted for Sex Trafficking of A MinorRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Sean Patrick Farrelly (47, Palm Coast) with sex trafficking of a minor girl. If convicted, Farrelly faces a mandatory minimum of 10 years, and up to life, in federal prison.
According to the indictment, between approximately March 2018 and February 2019, Farrelly recruited, enticed, transported, obtained, maintained, patronized, and solicited a girl under the age of 18 years old to engage in a commercial sex act.
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 Flagler Sheriff’s Office and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Ashley Washington.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Cape Coral Felon Sentenced to More Than Nine Years for Possessing A FirearmRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Eddie Junior Saez (28, Cape Coral) to nine years and seven months in federal prison for possessing a firearm as a convicted felon. Saez was found guilty by a federal jury on December 12, 2018.
According to evidence presented at trial, on March 12, 2015, while executing a search warrant at Saez’s residence, Lee County Sheriff deputies located a loaded .45 caliber handgun that was concealed in a knit cap. The investigation had revealed that, in addition to the firearm, Saez had been storing lucrative quantities of narcotics at the home, which he shared with his parents. As a previously convicted felon, Saez is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the FBI and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Simon R. Eth.
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.
Two-Time Career Offender Sentenced to Fifteen Years for Fifth Bank RobberyRead the Press Release
Ocala, Florida – U.S. District Judge James D. Whittemore today sentenced Jason Earl Hill (53, Ingles) to 15 years in federal prison for bank robbery. The court also ordered Hill to make restitution to Center State Bank, N.A., in the amount of $2,250.
Hill had pleaded guilty on January 4, 2019.
According to court documents, Hill robbed a branch of Harbor Community Bank (now known as Center State Bank) in Ocala, Florida on May 11, 2018. Hill presented the teller with a demand note, and with instructions to hand over large sums of money. Hill then fled with $2,250 in his green 2006 Saturn, which was caught on surveillance video at a nearby fast-food restaurant. After identifying the vehicle, law enforcement was able to obtain a positive identification from the victim-teller.
Hill was previously convicted in the District of New Mexico for three bank robberies in 1997. After serving time on those offenses, he was then convicted of bank robbery in the Eastern District of Tennessee in 2002. Following his 12-year sentence on that case, Hill relocated to Ocala, Florida, where he committed the latest bank robbery. In addition to his convictions for multiple bank robberies, Hill has several 1990s convictions for felony theft and burglary in Tennessee.
This case was investigated by the FBI and the Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.
Marion County Man Sentenced to More Than 17 Years for Shooting at Veterans Clinic in the VillagesRead the Press Release
Ocala, Florida – Senior United States District Judge James D. Whittemore today sentenced Stephen Cometa (63, Marion County) to 17 years and 3 months in federal prison for forcibly assaulting and resisting federal employees with a deadly and dangerous weapon, and for discharging a firearm during a crime of violence. A federal jury previously found Cometa guilty of the offenses on December 13, 2018.
According to the testimony and evidence presented in court, in December 2016, Cometa entered a Department of Veterans Affairs (VA) clinic in The Villages carrying a loaded AR-15 assault rifle, a concealed handgun, and hundreds of rounds of extra ammunition for both firearms. Cometa walked through the clinic to a psychiatrist’s office, interrupted an ongoing treatment session, and pointed the assault rifle at the psychiatrist as he opened the door. The psychiatrist, as well as a VA contractor and two VA police officers, struggled with Cometa for control of the assault rifle and eventually subdued him. During the struggle, Cometa fired the assault rifle, shooting holes in the walls, ceiling, and furniture.
This case was investigated by the FBI—Ocala Resident Agency, the Marion County Sheriff’s Office, and the Department of Veterans Affairs Police Service. It was prosecuted by Assistant United States Attorneys William S. Hamilton and Robert E. Bodnar, Jr.
Jury Convicts Florida Man of Attempting to Entice A Minor to Engage in Sexual Activity and Attempting to Transfer Obscene MaterialRead the Press Release
Tampa, Florida– A federal jury today found Justin Scott Hunt (31, Tampa) guilty of attempting to entice a minor to engage in sexual activity and attempting to transfer obscene material to a minor. Hunt faces a mandatory term of 10 years, and up to life, in federal prison. His sentencing hearing is scheduled for June 14, 2019.
A grand jury had indicted Hunt on August 16, 2017.
According to testimony and evidence presented at trial, Hunt engaged in six months of online conversation with someone he believed to be a small child and the child’s mother. In reality, he was actually talking to an undercover agent. On numerous occasions, Hunt requested to meet the “child” and described, in graphic detail, the sex acts that he planned to engage in with the minor. He also sent two pictures of his erect penis to whom he believed to be the mother of the child, encouraging her to show the child the pictures, expressing hope that the child would then begin to develop “a lust or fantasy” about Hunt.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Gregory T. Nolan and Candace Garcia 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.
Armed Career Criminal Sentenced to More Than 12 Years in Prison for Federal Firearm OffenseRead the Press Release
Ocala, Florida – Senior United States District Judge James D. Whittemore today sentenced Willie Iva Jennings (36, Reddick) to 12 years and 7 months in federal prison for possession of a firearm affecting commerce by a previously convicted felon. Jennings previously had entered a guilty plea to the offense on October 22, 2018.
According to the plea agreement, on July 15, 2018, law enforcement discovered Jennings behind the wheel of a recently stolen automobile. While taking Jennings into custody, investigators located a loaded semi-automatic firearm in his pocket and Jennings admitted that the firearm belonged to him.
Jennings’s criminal history contains multiple drug sales and robbery convictions, as well as resisting a police officer with violence. As such, he is prohibited from possessing a firearm or ammunition under federal law. As a result of his extensive prior criminal history, Jennings qualified for enhanced sentencing as an Armed Career Criminal.
This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ocala Police Department, and the Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Yulee Man Pleads Guilty to Federal Firearms OffenseRead the Press Release
Jacksonville, Florida – Shawn Andrew Wilson (44, Yulee), a/k/a “Red Dog,” has pleaded guilty to possessing a firearm after having been convicted of a felony offense. Wilson faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on January 27, 2018, a 911-caller reported to the police that Wilson was at a trailer home in Yulee, Florida, and had fired what sounded like a pistol. Responding police officers arrested Wilson, and, with the consent of a resident of the home, entered and recovered a loaded pistol in a bedroom. Following his arrest, Wilson explained to an officer that he had shot a gun from the doorway of the home, but that he was not trying to hit the 911-caller. Wilson has at least three prior felony convictions, and as such, is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Nassau County Sheriff’s Office, the FBI, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Former Emergency Medical Technician Pleads Guilty to Possession of Child PornographyRead the Press Release
Orlando, Florida – Bryan Matthew Cooney (30, Casselberry) has pleaded guilty to possession of child pornography. Cooney faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been scheduled.
According to court records, from September 19, 2018 through September 27, 2018, Cooney chatted with an FBI undercover agent (UC) via a social media application known as “KIK” about sexually exploiting a 12-year-old female child, which Cooney said was his daughter. During the chats, Cooney shared clothed images of the minor with the UC and said he had sexually abused and produced images of the minor engaged in sexually explicit conduct.
During the investigation, FBI agents identified Cooney’s residence and obtained a warrant to search for evidence related to the allegations. On October 30, 2018, FBI agents executed the search warrant and interviewed Cooney, and Cooney admitted that he was the person chatting with the UC about sexually exploiting a 12-year-old child. Cooney also said that he had actually obtained images of the minor from his friend’s Facebook page and had shared those pictures with the UC during chats. Cooney also said that he had been viewing child pornography for the past four of five years, which he downloaded to his iPhone through KIK, and then uploaded to a Dropbox account.
Upon viewing the Dropbox account, agents found hundreds of videos and numerous images of child pornography depicting bestiality and other acts of sadistic conduct against prepubescent children between the ages of 4 and 10. Cooney had posted images of his friend’s daughter on KIK, and attempted to obtain images of child pornography from other KIK users, by trading clothed images of his friends’ daughter.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Collier County Man Arrested and Charged with Murder on the High SeasRead the Press Release
Fort Myers, FL – Casey Lowell Hickok (32, Copeland) has been arrested and charged by criminal complaint with second-degree murder within the special maritime and territorial jurisdiction of the United States. Hickok made his initial appearance in federal court yesterday afternoon and was ordered detained pending trial. If convicted, he faces a maximum penalty of life in federal prison.
According to the complaint, while aboard a commercial fishing vessel, Hickok was witnessed bludgeoning a sleeping member of the boat’s crew to death with a spare boat alternator, which he later threw off the vessel. At the time, the vessel was in the Gulf of Mexico, approximately 66 nautical miles west of Marco Island.
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 U.S. Coast Guard Investigative Service and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Simon Eth.
Fort Myers Man Sentenced to Six Years for Distributing Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge John E. Steele today sentenced Kenneth Christian Javi Garcia (24, Fort Myers) to six years in federal prison for distribution of child pornography. The court also ordered Javi Garcia to forfeit his computer, which was used to commit the offense.
Javi Garcia pleaded guilty on September 28, 2018.
According to court documents, between August 30, 2017, and September 20, 2017, the FBI was able to directly connect to Javi Garcia’s computer and download approximately 200 files containing depictions of child pornography. On November 14, 2017, a search warrant was executed at Javi Garcia’s residence, where his computer was located and seized. A subsequent forensic analysis of the computer revealed approximately 450 videos of child pornography, with created file dates ranging from February 2016 through October 2017.
This case was investigated by the Federal Bureau of Investigation’s Innocent Images Task Force, which includes law enforcement from the Charlotte County Sheriff’s Office, the Lee County Sheriff’s Office, the Sarasota Police Department, and the Bradenton Police Department. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
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.
International Money Launderer and Cocaine Trafficker Extradited to the United States for Conspiring to Import Cocaine and Laundering Money Through the Black MarketRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Diego Fernando Cardona Lozano (43, Cali, Colombia), a/k/a “El Doctor” and “Pomada,” with conspiracy to commit international money laundering and conspiracy to import at least five kilograms of cocaine into the United States. If convicted on all counts, Cardona Lozano faces a maximum penalty of life in federal prison. The United States has also notified Cardona Lozano that it seeks the forfeiture of proceeds traceable to the charged offenses, approximately $1.4 million.
According to the superseding indictment, Cardona Lozano conspired to import at least five kilograms of cocaine, knowing that the drugs would be imported into the United States. Cardona Lozano is further charged with conspiring to launder the proceeds of the drug trafficking by using the Black Market Peso Exchange, a financial structure used by drug cartels in Colombia to exchange currencies.
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 Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The Office of International Affairs and the U.S. Marshals Service provided assistance with the extradition process. The case will be prosecuted by Assistant United States Attorney Dan Baeza.
20-Time Convicted Felon Pleads Guilty to Federal Firearms ChargeRead the Press Release
Ocala, Florida – Willie Lee Lewis (47, Ocala) today pleaded guilty to possessing a firearm as a convicted felon. He faces a minimum mandatory sentence of 15 years, and up to life, in federal prison. Lewis was indicted on February 13, 2019.
According to the plea agreement, on November 28, 2018, a City of Ocala police officer attempted to stop Lewis for a tag violation. Rather than pulling over, Lewis led the officer on a low-speed chase during which Lewis discarded a loaded pistol, cocaine, and marijuana from the window of his van. Police recovered these items and arrested Lewis, who subsequently placed a recorded telephone call from the county jail in which he described the firearm and drugs that he had tossed from the van’s window.
Lewis has 20 prior felony convictions that include multiple drug sales and illegal firearm offenses, thus qualifying him for enhanced sentencing as an Armed Career Criminal.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ocala Police Department jointly investigated this case. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Pinellas Man Sentenced to Seven Years in Prison for Telemarketing ScamRead the Press Release
Tampa, FL – U.S. District Judge Virginia Hernandez Covington has sentenced Mark Boring (47, St. Petersburg) to seven years in federal prison for his role in a telemarketing scheme. As part of Boring’s sentence, the court also entered a money judgment of $75,000, the proceeds of the wire fraud conspiracy. In addition, Boring was directed to pay a total of $895,011.03 to victims of the scheme.
According to court records, from 2016 through at least 2018, Boring conspired with others to take money from victims throughout the United States who wanted to sell their timeshare properties or other parcels of land. Boring and others placed telephone calls to these victims impersonating real estate professionals. They misled the timeshare owners to believe the conspirators had identified buyers for the victims’ timeshares and other property. The conspirators further advised the victims that the timeshare and property sales could be completed 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 funds via wire transfers to one of the conspirators. That conspirator then withdrew the fraud proceeds and shared them with the others, based on each conspirator’s role in the fraudulent transaction. 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 advanced fees until the victims either ran out of money or became aware of the scam.
Gary Kinard previously pleaded guilty and was sentenced to 7 years and 11 months in federal prison for his role in the scheme. Martin Steele, Troy Cater, and David Bell have also pleaded guilty to participating in the scheme and are pending 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.
Jacksonville Man Sentenced to 20 Years for Distributing Child Sex Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Pryce Elijah Demars (25, Jacksonville) to 20 years in federal prison for distributing child pornography over the internet. Demars had pleaded guilty on May 25, 2018. As part of his sentence, Demars must also serve a lifetime term of supervised release and register as a sex offender.
Demars was arrested on November 15, 2017, and has been in custody since that day.
According to court documents, as well as evidence and testimony introduced during Demars’s sentencing hearing, FBI agents and other officers executed a federal search warrant at Demars’s residence in Jacksonville on November 15, 2017, in connection with an online child exploitation investigation. From August 3, 2016, through April 12, 2017, Demars had distributed videos depicting young children being sexually abused over the internet. He admitted, among other things, that he had searched for child pornography on the internet, downloaded it, and distributed it to another individual in exchange for $800-$1,000 and several video games.
FBI agents were also able to identify a minor child whom Demars had sexually molested on several occasions. Demars also had offered to take explicit photos of the child and had introduced the child to another individual, over the internet, to further victimize the child through online sexual exploitation.
“Investigating child abuse and exploitation is among the most important work in the FBI,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “This case represents both our relentless pursuit of predators who seek to harm innocent children, and steadfast determination to ensure they are sentenced to the maximum punishment possible under law.”
This case was investigated by the Federal Bureau of Investigation in Jacksonville, Plano (Texas), and Springfield (Illinois), and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Bradenton Woman Sentenced for Theft of Government FundsRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Roselle Fitzgerald to 21 months in federal prison for theft of government funds and counterfeit or forged securities. As part of her sentence, the court entered a money judgment of $185,731.71, the proceeds of the theft of criminal conduct, and ordered Fitzgerald to pay restitution.
Fitzgerald had pleaded guilty on December 11, 2018.
According to court documents, Fitzgerald worked as a title-closer at various law firms, while simultaneously receiving Social Security Disability Insurance Benefits to which she was not entitled. Fitzgerald also made material false statements to employees of the Social Security Administration regarding her work activity. In addition, she possessed counterfeit or forged checks from the law firms where she was employed and used the means of identification of others in connection with the counterfeit or forged checks. In total, Fitzgerald received approximately $184,400 in Disability Insurance Benefits to which she was not entitled, as well as $9,910.50 in Medicare benefits to which she was not entitled. The total loss to the law firms as a result of Fitzgerald’s counterfeit or forged checks was $7,685.
This case was investigated by the Social Security Administration Office of the Inspector General, the Department of Health and Human Services Office of Inspector General, and the Sarasota Police Department. It was prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Tampa Woman Charged with Distributing Heroin and Fentanyl, Causing DeathRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Joamary Rosario (28, Tampa) with conspiring to distribute a substance that contained a mixture of heroin, fentanyl, and acetyl fentanyl and distributing a substance that contained a mixture of heroin, fentanyl, and acetyl fentanyl, causing the death of an individual. If convicted, Rosario faces a minimum mandatory penalty of 20 years, and up to life, in federal prison.
According to the
indictment and information presented in court, beginning on an unknown date but no later than November 6, 2018, and continuing through November 7, 2018, Rosario conspired with other individuals to possess and distribute heroin, fentanyl, and acetyl fentanyl.On November 6, 2018, Rosario sold 10 plastic bags—each of which contained a substance composed of a mixture of heroin, fentanyl, and acetyl fentanyl—to an individual. The individual injected himself with the substance from one of the bags and died. A medical autopsy revealed that the cause of death was an accidental overdose caused by a mixture of heroin and fentanyl.
On November 7, 2018, an undercover law enforcement officer contacted Rosario, posing as the deceased individual, and asked her to bring him more of what she had delivered the previous night. Rosario agreed. When she arrived at the meeting place, she was arrested and found to be in possession of three more bags of the same substance.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse. This case was investigated by the Hillsborough County Sheriff’s Office Heroin Working Group, with assistance from the Hillsborough County Medical Examiner’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Michael M. Gordon.
Jacksonville Man Arrested and Charged with Soliciting Child Pornography on Internet Blog WebsitesRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Colum Patrick Moran, Jr. (40, Jacksonville) has been arrested and charged by federal criminal complaint with soliciting child pornography using the internet. If convicted, Moran faces a minimum mandatory penalty of 15 years, and up to 30 years, in federal prison. Moran was arrested on March 6, 2019, and is currently detained.
According to the
complaint , from on or about December 28, 2016, through October 31, 2018, Moran, using the name “Emily lover” and the email address [email protected], made numerous postings to several internet blog websites hosted by mothers. These blog sites were designed and intended to share and exchange information about motherhood, raising children, and other related topics. Moran repeatedly posted sexually explicit comments about young children on these motherhood blogs and also solicited others to produce and post sexually explicit photos and videos of children on the blog sites.On March 6, 2019, FBI agents and other officers executed a search warrant at Moran’s apartment where Moran lived alone. The agents found a plastic storage bin containing at least 50 pairs of female child-sized underwear, a smart phone containing over 300 images depicting child pornography, a number of credit cards and Florida driver licenses that did not belong to Moran, and several firearms and a bulletproof vest. Moran was placed under arrest.
This case was investigated by the Federal Bureau of Investigation in Jacksonville and Los Angeles, and the Jacksonville Sheriff’s Office, with assistance from the National Center for Missing and Exploited Children (NCMEC). It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
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 is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Convicted Felon Pleads Guilty to Federal Firearms OffenseRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Todd Levant Asbey, Sr. (48, Jacksonville) has pleaded guilty to possessing a firearm as a convicted felon. Asbey, who qualifies as an Armed Career Criminal, faces a minimum mandatory sentence of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the
plea agreement , on March 11, 2018, Asbey entered a Waffle House 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 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. As a previously convicted felon, Asbey is 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 Attorneys David B. Mesrobian and Frank Talbot.
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.
Middle District of Florida Takes Part in Largest-Ever Nationwide Elder Fraud SweepRead the Press Release
Tampa, FL – Attorney General William P. Barr and U.S. Attorney Maria Chapa Lopez today announced the largest coordinated sweep of elder fraud cases in history, surpassing last year’s nationwide sweep. The cases during this sweep involved more than 260 defendants from around the globe who victimized more than two million Americans, most of them elderly. Twenty individuals have been charged in the Middle District of Florida (see below for case summaries).
“Crimes against the elderly target some of the most vulnerable people in our society,” Attorney General William P. Barr said. “But thanks to the hard work of our agents and prosecutors, as well as our state and local partners, the Department of Justice is protecting our seniors from fraud. The Trump administration has placed a renewed focus on prosecuting those who prey on the elderly, and the results of today’s sweep make that clear. Today we are announcing the largest single law enforcement action against elder fraud in American history. This year’s sweep involves 13 percent more criminal defendants, 28 percent more in losses, and twice the number of fraud victims as last year’s sweep. I want to thank the Department’s Consumer Protection Branch, which led this effort, together with the Department’s Criminal Division, the more than 50 U.S. Attorneys’ offices, and the state and local partners who helped to make these results possible. Together, we are bringing justice and peace of mind to America's seniors.”
“Elder fraud and exploitation can have an especially severe effect on victims,” stated U.S. Attorney Maria Chapa Lopez. “The U.S. Attorney’s Office will continue to work together with our law enforcement partners to pursue financial fraudsters who exploit our seniors for personal and financial gain and, we’ll continue our outreach efforts to educate our seniors on ways to avoid and report fraud scams.”
The Department took action in every federal district across the country, through the filing of criminal or civil cases or through consumer education efforts. In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused alleged losses of millions of more dollars than last year, putting the total alleged losses at this year’s sweep at over three fourths of one billion dollars.
The charges are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The cases in the Middle District of Florida are being handled by Assistant United States Attorneys Rachel Jones, Jennifer Peresie, Nathan Hill, and Karen Gable.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. The Justice Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
Middle District of Florida Case Summaries
Tampa
Brenda Dozier has pleaded guilty to a one-count information charging her with money laundering conspiracy relating to her participation in an IRS impersonation scam. From July 2015 through at least November 2015, Dozier laundered money that had been extorted from U.S. residents by conspirators residing in the United States and overseas. India-based conspirators impersonated IRS officers and misled multiple victims to believe that they owed money to the IRS and would be arrested and fined if they did not immediately pay their alleged back taxes. Dozier received the fraud proceeds, typically via interstate wire transfers, and, once she received the funds, she provided them, less a fee, to other conspirators based in the United States. Dozier’s sentencing hearing is scheduled for April 10, 2019. She faces a maximum penalty of 20 years' imprisonment.
As alleged in the eleven-count indictment, from at least 2016 through January 2019, Glenn Francis conspired with India-based call centers to extract money from U.S. residents through a variety of confidence scams, including 1) impersonating IRS officers and misleading U.S. residents to believe that they owed money to the IRS and would be arrested and fined if they did not pay their alleged back taxes immediately; 2) impersonating loan officers and misleading U.S. residents to believe they would receive loan proceeds upon paying an advance fee to the defendant or others he hired; or 3) impersonating computer technicians and misleading U.S. residents to believe that their computers had been hacked, their identities had been stolen, and/or their computers were infected with viruses and in need of repair, and that the callers would resolve the purported computer problems if paid to do so. Francis collected the Fraud proceeds in the United States and transferred them back to his India-based conspirators. Francis is set for trial in September 2019. He faces a maximum penalty of 20 years in federal prison on each count of wire and mail fraud conspiracy, wire fraud, and mail fraud. He faces up to 10 years in federal prison for each of the three money laundering charges.
Anthony Trujillo has pleaded guilty to a one-count information charging him with receipt of stolen property relating to his participation in an IRS impersonation scam. In February 2016, Trujillo received approximately $8,200 in his bank account that had been defrauded from two California residents as a result of a confidence scam. Trujillo knew the money had been stolen but instead of reporting it, Trujillo withdrew the fraud proceeds and spent them of over the course of a month. Trujillo’s sentencing hearing is set for March 22, 2019. He faces a maximum penalty of 10 years' imprisonment.
Alejandro Juarez has pleaded guilty to a one-count information charging him with money laundering conspiracy for his participation in an IRS impersonation scam. From July 2015 through at least September 2015, Juarez laundered money that had been extorted from U.S. residents by conspirators residing in the United States and overseas. India-based conspirators impersonated IRS officers and misled multiple victims to believe that they owed money to the IRS and would be arrested and fined if they did not immediately pay their alleged back taxes. Juarez received the fraud proceeds, typically via interstate wire transfers, and, once he received the funds, he provided them, less a fee, to other conspirators based in the United States. Juarez is scheduled to be sentenced on March 15, 2019. He faces a maximum penalty of 20 years' imprisonment.
Nishitkumar Patel, Hemalkumar Shah, and Sharvil Patel have each pleaded guilty to conspiracy to commit wire fraud relating to their participation in an IRS impersonation fraud scam. N. Patel and Shah have each also pleaded guilty to one count of aggravated identity theft. From 2014 through at least 2016, the defendants conspired with India-based call centers to extort money from U.S. residents by impersonating IRS officers and misleading U.S. residents to believe that they owed money to the IRS and would be arrested and fined if they did not pay their alleged back taxes immediately. They collected the fraud proceeds by (1) withdrawing cash from prepaid cards purchased and funded by victims; (2) hiring other conspirators (runners) to retrieve money wired by the victims to those runners; and/or (3) hiring runners to open bank accounts into which victims deposited fraud proceeds. On October 23, 2018, law enforcement officers executed a search warrant at the home of Nishitkumar Patel and Hemalkumar Patel. Among other items, they seized approximately $50,000 in cash, hundreds of bank and wire receipts, and 20 electronic devices. Nishitkumar Patel is scheduled to be sentenced on March 28, 2019, the sentencing hearing for Hemalkumar Shah is set for April 18, 2019, and Sharvil Patel’s sentencing hearing is set for May 9, 2019. The defendants each face a maximum penalty of 20 years' imprisonment for the wire fraud conspiracy. N. Patel and Shah also face a minimum mandatory penalty of two years' imprisonment for aggravated identity theft to run consecutive to the term imposed for the fraud count.
Gary Kinard, Martin Steele, Mark Boring, Troy Cater and David Bell have each pleaded guilty for their roles in a timeshare fraud scam. The defendants conspired to take money from victims throughout the United States who wanted to sell their timeshare properties. They placed telephone calls to these victims, impersonated real estate professionals and attorneys, and misled the timeshare owners to believe the conspirators had identified buyers for the victims’ timeshares. They told the victims that the 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. The conspirators often repeatedly re-contacted the 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.
After the victims had depleted their assets or recognized that they had been defrauded, the conspirators evolved the scheme by re-contacting their victims via email or phone and, now posing as helpful attorneys, told the victims that they had been defrauded in a timeshare scam. They then offered to “represent” the victims against the “first attorneys,” and to obtain settlements on their behalves. Once they had regained the trust of the timeshare victims, they directed the victims to forward additional bogus fees purportedly associated with the cost of litigation, settlement expenses, and other related expenses. Some victims paid the conspirators hundreds of thousands of dollars for the purported “litigation.” Over the course of the conspiracy, many victims lost their retirement savings and their homes.
Gary Kinard, Martin Steele, and Mark Boring have each pleaded guilty to one count of conspiracy to commit wire fraud and one count of aggravated identity theft relating to their participation in a timeshare fraud scam. On February 27, 2019, Kinard was sentenced to 7 years and 11 months in federal prison. Steele and Boring have not yet been sentenced. Each faces a maximum penalty of 20 years in federal prison for the wire fraud conspiracy and a minimum mandatory consecutive term of 2 years’ imprisonment for the aggravated identity theft count. Troy Cater and David Bell each pleaded guilty to one count of money laundering conspiracy. They each face a maximum penalty of 20 years in federal prison. A sentencing date has not yet been scheduled.
Orlando
Between February 2012 and October 2014, six individuals defrauded mostly elderly victims out of more than $3.6 million based on false promises that they had won a multi-million dollar sweepstakes prize. These individuals then used stolen identity information to transfer the fraud proceeds to prepaid debit cards and ultimately transmitted the proceeds to their co-conspirators in Jamaica. In November 2018, a federal jury convicted two of the defendants, Nadine Alexander and Shameer Hassan, of conspiracy to commit wire fraud, conspiracy to commit money laundering, and three counts of aggravated identity theft. The jury also found Hassan guilty of eight counts of money laundering. Alexander and Hassan each face a maximum penalty of 20 years in prison on each of the conspiracy charges, and a mandatory minimum of two years’ imprisonment for the aggravated identity theft charges. Hassan also faces up to 20 years’ imprisonment on each of the money laundering charges. Their sentencing hearings are scheduled for March 25, 2019.
Four of the defendants pleaded guilty and have been sentenced. Robert Madurie was sentenced to eight years’ imprisonment, Danny Lopez was sentenced to seven years and eight months in federal prison, Treysier Mikael LaPalme was sentenced to 7 years and 3 months' imprisonment, and Oral Stewart was sentenced to prison term of five years. In a related case, Charlton Morris, a money launderer for the Jamaican lottery scheme, pleaded guilty to conspiracy to commit money laundering. He was sentenced to 10 years and 1 month of imprisonment.
Rohan Brown has pleaded guilty to one count wire fraud, one count mail fraud, and one count of aggravated identity theft for his participation in two conspiracies targeting elderly victims. In one conspiracy, victims in the United States received a phone call from a conspirator in Jamaica who told them they had won a sweepstakes. The victims were told that before they could receive their winnings, they had to send money for “taxes” to Brown in Orlando. The second scheme involved using the stolen personal identification information of Social Security beneficiaries to redirect Social Security benefits into a bank account controlled by Brown. Between both schemes, Brown and his conspirators stole more than $170,000 from more than two dozen elderly victims across the United States. Brown faces a maximum penalty of 20 years in federal prison for each fraud count and a mandatory consecutive of penalty 2 years’ imprisonment for the aggravated identity theft count.
Repeat Offender Sentenced to 54 Months in Federal Prison for ATM Skimming SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Yanier Manso-Caballero (30, Miami) to four years and six months in federal prison for access device fraud and aggravated identity theft. As part of his sentence, the court also entered a money judgment of $53,567.78, the proceeds of the criminal conduct.
Manso pleaded guilty on December 5, 2018.
According to court documents, on at least 11 different occasions between January and March 30, 2018, Manso placed skimming devices on Chase Bank ATMs in the Tampa Bay area including, ATMs in Tampa, Valrico, and Largo. Chase Bank provided law enforcement with ATM surveillance video of Manso attaching the skimmers. In some of the videos, Manso disguised himself with hats, wigs, and/or a beard. Manso typically applied a skimmer to the drive-through ATMs from his vehicle. He left the skimmer in place for approximately one to two hours and then returned to the ATMs and removed the skimmer, again from his vehicle. Manso also used a mirror camera, which he placed on the ATMs, in order to capture customers’ PIN information. According to Chase Bank, hundreds of customers who used the ATMs that Manso had tampered with had their bank account information intercepted, compromised, and used to make purchases without their knowledge and consent.
Investigators determined that at least 167 accounts had been compromised during the periods when Manso had placed the skimmers. In addition, approximately 92 counterfeit and unauthorized access devices were located on Manso’s iPhone and in his vehicle. At the time of these offenses, Manso was on federal supervised release stemming from a 2010 credit card fraud and identity theft conviction in the Southern District of Florida.
This case was investigated by the Tampa Police Department and the United States Secret Service. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Real Estate Broker Sentenced in Orlando-Area Mortgage SchemeRead the Press Release
Orlando, FL – U.S. District Judge Roy B. Dalton has sentenced Geo Geovanni (50, Moultrie, GA) to 37 months in federal prison for conspiracy to commit bank fraud and bank fraud. As part of his sentence, the court also entered a money judgment of $56,984.34, the proceeds of the fraud scheme. A federal jury found Geovanni guilty on November 29, 2018.
According to testimony and evidence presented at trial, Geovanni worked as a real estate broker who owned his own brokerage firm based in Orlando. Between May and August 2008, Geovanni sold condominium units at The Landing, located in Altamonte Springs, Florida. Geovanni engaged in a conspiracy to conceal from mortgage lenders sales incentives that he provided to the buyers. These undisclosed incentives included making the buyers’ down payments and paying kickbacks after closing. As a result of his actions, Geovanni helped cause the loss of approximately $736,000 to the Federal National Mortgage Association (“Fannie Mae”), Federal Home Loan Mortgage Corporation (“Freddie Mac), and JP Morgan Chase Bank when the mortgages involved in the fraudulent transactions went into foreclosure.
This case was investigated by the Federal Housing Finance Agency Office of Inspector General and the Federal Bureau of Investigation. It was prosecuted by Special Assistant United States Attorneys Chris Poor and Joseph Capone.
Federal Jury Convicts Career Criminal of Firearm and Drug Distribution OffensesRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Jovan Demetrius Fredericks (39, Ocala) guilty of possessing a firearm as a convicted felon, possessing with the intent to distribute controlled substances, and carrying a firearm in relation to a drug trafficking crime. Fredericks faces a minimum mandatory sentence of 20 years, and up to life, in federal prison. His sentencing hearing has not yet been set. Fredericks was indicted on January 9, 2019.
According to testimony and evidence presented at trial, on the morning of September 29, 2018, officers from the Ocala Police Department encountered Fredericks at the Parkside Gardens public housing complex. Fredericks, a multi-convicted felon, immediately tried to conceal a hand-rolled cigarette containing illegal narcotics from the officers. When the officers stopped to investigate, they saw a loaded, full-size handgun with an extended ammunition magazine tucked into the waistband of Fredericks’s pants. After arresting Fredericks for the firearm, a search of his person revealed multiple packages of illegal drugs ready for sale, including MDMA (“ecstasy”), N-Ethylpentylone (“bath salts”), and cocaine. Fredericks’s extensive criminal record—which includes prior convictions for robbery, possession of a firearm by a felon, and repeated sales of illegal drugs—will qualify him as an Armed Career Criminal for federal sentencing purposes.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case was investigated by the City of Ocala Police Department, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Lake County Man Indicted for Tax Evasion and Tax FraudRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Douglas V. Oakes (60, Bella Collina) with one count of tax evasion and six counts of making false and fraudulent statements on tax returns. If convicted, he faces up to five years in federal prison on the tax evasion count and up to three years’ imprisonment on each of the false statement counts.
According to the
indictment , in 2015, in order to evade the payment of his income taxes for 2002 to 2005, Oakes falsely represented to the IRS that he was not employed or self-employed, earned no income, and that he did not have a financial interest in any business entities. In fact, Oakes was the CEO of Dealerindustry.com, LLC (“DI”) d/b/a Automotive Capital Corporation, a company in which he had a substantial financial interest. To conceal from the IRS his financial interest in DI, Oakes registered his daughters and others as DI’s managing members with the Florida Department of State, removed his name and title from DI’s website and from the website LinkedIn, and caused false DI ownership documents to be created, signed, and backdated. Between 2015 and 2018, Oakes further attempted to conceal his assets from the IRS by purchasing a beachfront home in Merritt Island in the name of a nominee, causing false DI ownership documents to be created, signed, and backdated, and having tax returns prepared for his deceased daughter in which DI’s income was falsely claimed to be his daughter’s income.The indictment further charges that in September 2015, Oakes submitted fraudulent tax returns to the IRS for the 2009 to 2014 tax years, each of which falsely claimed that he had no tax due and owing. The Internal Revenue Service – Criminal Investigation estimates that Oakes’s actions resulted in approximately $1.1 million of tax losses.
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 Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Federal Jury Finds Fentanyl Dealer Guilty of Distribution Resulting in DeathRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Corey Damond Smith, Jr. (23, Tampa) guilty of distributing fentanyl resulting in death. Smith faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for June 6, 2019.
According to testimony and evidence presented at trial, on November 13, 2017, Smith sold what he said was “heroin” to T.M. who took the drugs to her boyfriend and, at his request, helped him to use them. Smith had actually sold T.M. fentanyl. The boyfriend died from the drugs.
This case was investigated by Hillsborough County Sheriff’s Office with assistance by the Hillsborough County Medical Examiner’s Office. It is being prosecuted by Assistant United States Attorney Thomas N. Palermo.
FEMA Applicant Sentenced to 15 Months for FraudRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Sandreania Davis (46, Orlando) to one year and three months in federal prison for filing a materially false statement in an application to the Federal Emergency Management Agency (FEMA) for disaster relief benefits.
A federal jury convicted Davis on December 18, 2018.
According to the evidence presented at trial, in September 2017, Davis attempted to obtain FEMA benefits following Hurricane Irma. She did so by falsely claiming that she resided in a particular apartment in Orlando. In addition, Davis broke into the apartment to make it appear that she lived there for purposes of a FEMA inspection.
This case was investigated by the U.S. Department of Homeland Security – Office of the Inspector General. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
Armed Career Criminal Found Guilty of Possessing A FirearmRead the Press Release
Jacksonville, Florida – A federal jury has found Jamaal Abu Talib Hameen (58, Jacksonvile) guilty of being a felon in possession of a firearm. Hameen, who qualifies as an Armed Career Criminal, faces a mandatory minimum sentence of 15 years, and up to life, in federal prison. His sentencing hearing is scheduled for June 3, 2019.
Hameen was indicted on July 18, 2018.
According to testimony presented at trial, on February 7, 2018, Hameen was found to be in possession of a loaded .380 caliber pistol when Jacksonville Sheriff’s Officers arrested him for trespassing at a local motel. As a previously convicted felon, Hameen is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorneys David B. Mesrobian and Frank Talbot.
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.
Seffner Woman Sentenced to 33 Months in Prison for Her Role in Jamaican Lottery Fraud SchemeRead the Press Release
Tampa, FL –U.S. District Judge Elizabeth A. Kovachevich today sentenced Jennifer Samuels (47, Seffner) to 33 months in federal prison for conspiracy to commit mail fraud in connection with Samuels’s role as a middleman, or money mule, in a Jamaican lottery fraud scheme. As part of her sentence, the court also entered a money judgment of $209,800.13, the proceeds of the fraud.
Samuels had pleaded guilty on October 17, 2018.
According to court documents, Samuels and co-conspirators identified potential victims and contacted them by telephone, falsely claiming the individuals had won the lottery in Jamaica, but needed to pay money for taxes in order to receive the funds. If a potential victim agreed, Samuels’s co-conspirators directed the victim to send these fees to a middleman, who received the funds and distributed them to the conspirators. Samuels agreed to be one of these middlemen.
In May 2016, Samuels’s co-conspirators contacted an elderly victim residing in the Middle District of Florida and falsely told the victim that he had won $1.4 million and a Mercedes-Benz vehicle as part of a Jamaican lottery sweepstakes. A conspirator told the victim that in order to receive his lottery winnings, the victim would need to pay the taxes on the winnings upfront. Between May 2016 and May 2018, the victim sent 52 checks totaling $209,800.13 to Samuels, which the victim believed were to pay for the taxes associated with his lottery winnings.
Samuels deposited the victim’s checks into her bank accounts or cashed them. She then transferred the majority of the funds to her conspirators in Jamaica and Florida by cash delivery or wire transfer. Samuels also kept a portion of the funds for herself.
“Criminals who target older citizens in these schemes are heartless in their relentless pursuit of profit, at great cost to the elderly victims,” said HSI Tampa Special Agent in Charge James C. Spero. “While today’s sentencing highlights HSI’s role in stopping this crime, I strongly encourage anyone with elderly loved ones to familiarize themselves with these schemes and take steps to protect them from exploitation.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Organizer for Multiple Drug Cartels Sentenced to over 24 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Gabino Peralta-Saucedo (43, Bradenton) to 24 years and 4 months in federal prison for conspiracy to distribute five kilograms or more of cocaine and a quantity of heroin. Peralta-Saucedo had pleaded guilty on December 14, 2018.
According to court documents, for over a decade, Peralta-Saucedo coordinated the smuggling of thousands of kilograms of cocaine into the United States from Mexico. More than 12,000 kilograms of cocaine were ultimately sold in and around Manatee County on behalf of various Mexican drug cartels, including La Familia Michoacána and Los Caballeros Templarios. Peralta-Saucedo also cooperated with other Mexican drug cartels including, the Gulf Cartel and Los Zetas, in order to get drugs across the border into the United States. In addition, coconspirators possessed and distributed heroin in the Tampa Bay area.
This case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
This case was investigated by the Federal Bureau of Investigation and the Manatee County Sheriff’s Office. The Department of Justice’s Office of International Affairs and Attaché’s Office in Mexico City assisted with the extradition process. It was prosecuted by Assistant United States Attorney Christopher F. Murray.
Tampa Pastor and Daughter Plead Guilty to Tax Fraud ConspiracyRead the Press Release
Tampa, FL – Luckner Stimphil (55, Brandon) has pleaded guilty to conspiracy to defraud the United States. His daughter, Elwolfine Dufort (31, Riverview), pleaded guilty on February 21, 2019, for her role in the conspiracy. Stimphil and Dufort each face a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
Pursuant to their plea agreements, Stimphil and Dufort have agreed to pay more than $11 million in restitution to the U.S. Department of the Treasury relating to the conspiracy. Stimphil also consented to pay all taxes, interest, and penalties found to be owed and due to the IRS relating to his personal tax returns for years 2012 and 2013. Stimphil and Dufort have also agreed to be permanently enjoined from preparing or assisting in the preparation or filing of federal tax returns for any other person or entity; from maintaining any association with a tax return preparation business; and from instructing, teaching, or otherwise training any person in the preparation of federal tax returns.
According to court documents, Stimphil, the then-pastor at First Calvary Family Life Ministry located on Martin Luther King Jr. Blvd., in Tampa, created and operated Top Popular Tax, a tax return preparation business with offices in Tampa, Winter Haven, and elsewhere. The business operated from 2011 through at least mid-2015. There, Stimphil, his daughter (Dufort), and others working under Stimphil’s supervision, routinely assisted in and advised clients in the preparation and presentation of tax forms to the IRS, which included materially false and fraudulent information on client-taxpayers’ Schedule C Forms (business income or loss) and Forms 8863 (associated with a claim for the American opportunity credit). Some of the information submitted on Forms 1040 also included a false and fraudulent claim for a credit for federal tax on fuels on Form 4136.
This case was investigated by IRS - Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Jay G. Trezevant and Craig Gestring.
Pinellas Men Plead Guilty in Telemarketing ScamRead the Press Release
Tampa, FL – Troy Cater (30) and David Bell (55), both of St. Petersburg, have pleaded guilty to a money laundering conspiracy. Each faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been scheduled.
Pursuant to their plea agreements, Cater has agreed to pay $145,961.35 and Bell has agreed to pay $268,356, in restitution to the scheme’s numerous victims. In addition, Cater and Bell have consented to forfeiture money judgments in the amounts of $15,000 and $26,000, respectively, which represent the proceeds of the fraud.
According to the plea agreements, from 2015 through 2018, Cater and Bell conspired with others to take money from victims throughout the United States who wanted to sell their timeshare properties or other parcels of land. Other conspirators placed telephone calls to these victims impersonating real estate professionals and misleading the timeshare owners to believe that the conspirators had identified buyers for the victims’ timeshares and other properties. The conspirators further advised the victims that the 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 advance fees, the conspirators directed the victims to send funds via wire transfers to Cater and Bell, who then withdrew the fraud proceeds or hired others to retrieve the proceeds and shared them among the conspirators based on each conspirator’s role in the fraudulent transaction. The conspirators also continued to contact their victims, fraudulently advising them that additional funds were needed in order to complete the sales, and they continued to dupe the victims into sending bogus advance fees until the victims ran out of money or became aware of the scam.
The scam then evolved into a second stage where the conspirators re-contacted the victims via email and, now posing as helpful attorneys, told the victims that they had been defrauded in a timeshare scam. They offered to “represent” the victims against the “first attorneys,” and to obtain settlements on their behalves. Once the conspirators had gained the trust of the timeshare victims in their new roles, they directed the victims to forward additional bogus fees to Cater, Bell, and others. Some victims paid the conspirators several hundreds of thousands of dollars for the purported “litigation,” which Cater and Bell retrieved or had others retrieve at their direction.
Cater and Bell were initially recruited into the scheme by others, including several defendants who have pleaded guilty to related charges. Mark Boring previously pleaded guilty to wire fraud conspiracy and aggravated identity theft. His sentencing hearing is set for March 7, 2019. Martin Steele has pleaded guilty to wire fraud conspiracy and aggravated identity theft. His sentencing hearing has not yet been set. Gary Kinard has been sentenced to seven years and eleven months in federal prison for wire fraud conspiracy and aggravated identity theft for his role in the scheme.
This case was investigated by the FBI, the St. Petersburg Police Department, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Rachel K. Jones.
Pinellas Man Sentenced to Nearly Eight Years in Prison for Telemarketing ScamRead the Press Release
Tampa, FL – U.S. District Judge Susan Bucklew has sentenced Gary Kinard (40, St. Petersburg) to 7 years and 11 months in federal prison for his role in a telemarketing scheme. As part of his sentence, the court also entered a money judgment of $75,000, the proceeds of the wire fraud conspiracy. In addition, Kinard was directed to pay a total of $2,244,735.66 to 43 identified victims of the scheme.
According to court records, from 2016 through at least 2018, Kinard conspired with others to take money from victims throughout the United States who wanted to sell their timeshare properties or other parcels of land. Kinard and others placed telephone calls to these victims impersonating real estate professionals. They misled the timeshare owners to believe the conspirators had identified buyers for the victims’ timeshares and other properties. 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 advance fees, the conspirators directed the victims to send funds via wire transfers to one of the conspirators. That coconspirator then withdrew the fraud proceeds and shared them with the others, based on each conspirator’s role in the fraudulent transaction. 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.
After the victims depleted their assets or recognized that they had been defrauded, Kinard and other conspirators evolved the scheme. In this second stage, Kinard and/or other conspirators re-contacted their victims via email and, now posing as helpful attorneys, told the victims that they had been defrauded in a timeshare scam. They then offered to “represent” the victims against the “first attorneys,” and to obtain settlements on their behalves. Once Kinard had regained the trust of the timeshare victims, he directed the victims to forward additional bogus fees purportedly associated with the cost of litigation, settlement expenses, and other related expenses. Some victims paid the conspirators hundreds of thousands of dollars for the purported “litigation.” Over the course of the conspiracy, many victims lost their retirement savings and their homes.
Mark Boring, Martin Steele, David Bell, and Troy Cater previously pleaded guilty for their roles in this scheme. Their sentencing hearings are pending.
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.
Methamphetamine Drug Trafficking Organization Leader and Three-Time Federally Convicted Felon SentencedRead the Press Release
Jacksonville, Florida– U.S. District Judge Brian J. Davis has sentenced James Lester Calloway, Jr. (49, Jacksonville) to 24 years in federal prison for conspiracy to distribute 50 grams or more of methamphetamine. Calloway had pleaded guilty on September 12, 2018, his third federal felony conviction. Calloway was previously convicted in August 2010, in the Middle District of Florida, for conspiracy to manufacture 50 grams or more of methamphetamine.
According to court documents, during the execution of a search warrant at Calloway’s home, DEA agents seized approximately 112 grams of crystal methamphetamine, a firearm, and $70,960 in cash. The total amount of pure/actual methamphetamine attributed to Calloway in the conspiracy was at least 4.5 kilograms.
Jason Jed Morris (51, Palatka), another member of the drug trafficking organization, previously pleaded guilty to possessing with the intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime. Morris was sentenced to 3 years in federal prison. According to the plea agreement, Morris traveled to Jacksonville to meet with Calloway, his source of supply, and purchased 28.25 grams of methamphetamine (99% purity) in order to distribute it to his customers in the Palatka area.
Two other members of the drug trafficking organization have also been charged for their roles in this case. On January 9, 2019, Samuel Trevor Martin (36, Jacksonville) pleaded guilty to possessing with the intent to distribute 50 grams or more of methamphetamine. He faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. His sentencing hearing is scheduled for April 15, 2019. Anthony Donta Jones (39, Atlanta, GA) has been charged with possessing with the intent to distribute 500 grams or more of methamphetamine. He faces a minimum mandatory sentence of 10 years, and up to life, in federal prison. His case is scheduled for trial in April 2019.
This case was investigated by the Drug Enforcement Administration, along with the Putnam County Sheriff’s Office, the Nassau County Sheriff’s Office, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Beatriz Gonzalez.
Armed Career Criminal Sentenced to 15 Years for Possessing A Firearm and AmmunitionRead the Press Release
Tampa, Florida – Senior U.S. District Judge James Moody, Jr. today sentenced Cedrick Lee Taylor (32, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Taylor to forfeit the firearm and ammunition he used during the offense. Taylor had pleaded guilty on March 14, 2018.
According to court documents, at approximately 1:00 a.m. on July 15, 2017, a deputy from the Sarasota Police Department initiated a traffic stop of a vehicle after smelling the odor of marijuana emanating from it. Taylor was a passenger in that car.
After ordering the occupants out of the car for a vehicle search, the officer observed a red bag on the floor near where Taylor had been sitting. The officer also noticed small baggies that contained a white powdery substance near the red bag. The officer searched the red bag and discovered a loaded firearm and loose ammunition. Taylor later admitted to possessing the firearm. At the time, Taylor had several prior felony convictions and, therefore, was prohibited from possessing firearms 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 Charlie D. Connally.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Apopka Man Sentenced to over 15 Years in Federal Prison for Attempting to Distribute Furanyl FentanylRead the Press Release
Orlando, FL – U.S. District Judge Gregory A. Presnell has sentenced Devin Lashawn Jefferson, II (22, Apopka) to 15 years and 8 months in federal prison for attempting to possess with the intent to distribute furanyl fentanyl. A federal jury found Jefferson guilty of the offense on September 12, 2018.
According to testimony and evidence presented in court, between February and December 2017, Jefferson sent tens of thousands of dollars to recipients in China. In April 2017, U.S. Customs and Border Protection agents intercepted a package from China that was addressed to an Apopka residence that had been associated with Jefferson. The package contained approximately 1 kilogram of furanyl fentanyl, a leading cause of overdose deaths in the Orlando area.
On February 27, 2018, agents conducted a controlled delivery of the package, removing the using furanyl fentanyl and substituting sham substance, and Jefferson retrieved it from the residence. When agents attempted to stop Jefferson, he fled in his car at a high rate of speed thru a school zone and escaped. He was apprehended approximately two weeks later by the U.S. Marshals Service.
Subsequently, U.S. Customs and Border Protection intercepted a second package from China addressed to Jefferson that contained approximately one-quarter of a kilogram of methoxyacetyl fentanyl, another powerful fentanyl analogue.
“Fentanyl is a deadly narcotic wreaking havoc in our communities,” said HSI Tampa Special Agent in Charge James C. Spero. “HSI and our law enforcement partners are committed to dismantling opioid smuggling and today’s sentencing is just one example of how HSI utilizes our broad authorities to combat this epidemic.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, the U.S. Postal Service, the Drug Enforcement Administration, the U.S. Marshals Service, and the Orlando Police Department. It was prosecuted by Assistant United States Attorneys Embry J. Kidd and Dana E. Hill.
VR Labs Principals Found Guilty of Scheme to Defraud Lee County of Millions in Grant Program FundsRead the Press Release
Fort Myers, FL – A federal jury has found Kay F. Gow (68, Naples), Robert T. Gow (77, Naples), and John G. Williams, Jr. (67, Virginia Beach, VA) guilty of conspiracy to commit wire fraud and wire fraud. The Gows were also found guilty of conspiracy to commit money laundering and illegal monetary transactions. Each defendant faces a maximum penalty of 5 years in federal prison for the conspiracy to commit wire fraud count and up to 20 years’ imprisonment for each wire fraud count (Gows: 4 counts each, Williams: 2 counts). The Gows each also face up to 10 years in federal prison for conspiracy to commit money laundering and for each count (4) of illegal monetary transactions. And the defendants face the forfeiture of more than $5.1 million in proceeds traceable to the offenses. All three are scheduled to be sentenced on May 20, 2019.
According to the evidence presented at trial, the Gows owned and controlled multiple entities, including HerbalScience Group, LLC, and HerbalScience Singapore Pte, Ltd. In 2010, the Gows formed VR Laboratories, LLC, in order to apply for a $5 million grant from Lee County through the Financial Incentives for Recruiting Strategic Targets (“FIRST”) program. The FIRST program consisted of taxpayer funds set aside by the county to bring economic development projects to the Ft. Myers area. In seeking the FIRST grant, the Gows made numerous false and fraudulent representations to various individuals and government entities about their financial success and that of HerbalScience and VR Labs, including that VR Labs was poised to become a leading global formulator and manufacturer of botanical pharmaceuticals. Ultimately, Lee County awarded VR Labs $5 million in FIRST grant funds to build a manufacturing facility that the Gows had claimed would bring hundreds of high-paying jobs and economic growth to Lee County.
Once VR Labs executed an agreement with Lee County, Williams, a long-time friend of the Gows, registered a fictitious name, “Williams Specialty Bottling Equipment,” with the Florida Secretary of State. The Gows then represented that Williams would provide the bottling line for the manufacturing facility, when he had no such experience or expertise. Williams used false and fraudulent invoices for work and services allegedly performed on the bottling line to make demands for payment and, once paid, kicked back a substantial portion of the funds to VR Labs and the Gows. The Gows then used Williams’s false and fraudulent invoices to justify requests to Lee County for the payment of the grant money. Once VR Labs received the grant funds, the Gows fraudulently transferred those funds to entities they owned and controlled, and ultimately to themselves, by disguising the transfers as licensing fees, salaries, expenses, and other items. They also tried to conceal the source of the kickbacks through the creation of fictitious entities and documents.
Ultimately, Lee County disbursed approximately $4.7 million in FIRST grant funds to VR Labs, but the manufacturing facility was never completed or operational.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and Michael Leeman.
Federal Jury Convicts Key West-Based Drug Trafficker Who Conspired with Members of the Pagans Motorcycle Gang to Distribute MethamphetamineRead the Press Release
Orlando, Florida – A federal jury yesterday found Keith Kirchoff (41, Key West) guilty of conspiracy to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. Kirchoff faces a maximum penalty of life in federal prison. A sentencing date has not yet been set. Kirchoff is the nineteenth person to be found guilty as a result of a joint FBI and DEA investigation into drug-trafficking organizations that supplied outlaw motorcycle clubs with distribution amounts of methamphetamine in the Middle District of Florida.
Kirchoff was indicted on August 9, 2018.
According to testimony presented at trial, in March 2018, Kirchoff conspired with members of the Pagans motorcycle club to deliver ounce quantities of methamphetamine to Pagans members located in Daytona Beach and Key West, Florida. On March 21, 2018, members of the Florida Highway Patrol pulled over a vehicle being driven by Kirchoff and found nearly ten ounces of methamphetamine and a loaded firearm.
This case was investigated by the FBI, the DEA, the Florida Highway Patrol, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It is being prosecuted by Assistant United States Attorney Sean P. Shecter.
Jacksonville Man Sentenced to Fifteen Years as Armed Career Criminal for Illegally Possessing FirearmRead the Press Release
Jacksonville, Florida – U.S. District Judge Harvey Lee Adams today sentenced Sean Justin Owens (35, Jacksonville) to 15 years in federal prison for possessing a firearm as a convicted felon. A federal jury found Owens guilty on November 15, 2018. Due to his prior multiple felony convictions, he qualified for an increased penalty under the Armed Career Criminal Act.
According to testimony presented at trial, Owens was found in possession of a firearm after officers from the Jacksonville Sheriff’s Office (JSO) investigated his illegally parked vehicle. As the officers approached the vehicle, Owens quickly left the car and headed toward a nearby residence. When the officers checked the vehicle’s tag, it was not associated with any vehicle. As one of the officers tried to obtain the Vehicle Identification Number (VIN), he saw a firearm on the front console. Owens’s driver license was inside his vehicle, confirming his identity. In addition, an occupant of the home Owens had entered after leaving the vehicle confirmed that the vehicle belonged to Owens.
At the time of this incident, Owens had multiple prior felony convictions, including three convictions for sale or delivery of cocaine, and therefore, was prohibited from possessing firearms under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Ashley Washington.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Fort Myers Man Pleads Guilty to Dealing Fentanyl That Caused A Twenty-One Year Old Man to Die of A Drug OverdoseRead the Press Release
Fort Myers, Florida – United States Attorney Maria Chapa Lopez announces that Gregory Apicella (53, Fort Myers) today pleaded guilty to distributing fentanyl and to causing the overdose death of “J.Y.,” a 21-year old man living in Fort Myers. Apicella faces a minimum mandatory penalty of 20 years, and up to life, in federal prison.
According to the
plea agreement , on January 18, 2018, Apicella sold fentanyl from his home on South Entrada Drive in Fort Myers. J.Y. used the fentanyl that Apicella had sold and died of an overdose. The next day, the Lee County Sheriff’s Office (“LCSO”) conducted a controlled purchase of methamphetamine and fentanyl from Apicella. LCSO then executed a search warrant at Apicella’s residence and recovered approximately nine grams of fentanyl from a safe in the bedroom.This case was investigated by the Drug Enforcement Administration and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Kyle Cohen and Charles Schmitz.
Former NASA Contractor Pleads Guilty to Receipt of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that Anthony Joseph Culotta (59, Merritt Island) has pleaded guilty to receiving child pornography. Culotta faces a minimum mandatory penalty of 5 years, and up to 20 years, in federal prison.
According to the plea agreement, Culotta had been a NASA contractor since at least 2004. An investigation led by the NASA Office of Inspector General (OIG) Office of Investigations (OI) revealed that, since at least May 2017 Culotta had been using NASA’s network to obtain child pornography via the internet.
On June 15, 2018, a federal search warrant was executed on Culotta’s work area at the Kennedy Space Center (KSC) to search for evidence of child pornography violations. During the search, agents located Culotta’s NASA-issued laptop computer. A forensic examination of the laptop revealed more than 700 images containing child pornography, including images of known child victims identified by the National Center for Missing and Exploited Children.
On August 7, 2018, NASA OIG special agents interviewed Culotta at the Cape Canaveral Air Force Station in Brevard County. During the interview, Culotta admitted that he had used his NASA-issued laptop to search for and view images that piqued his curiosity. He identified some of the images for the interviewing agents. Culotta also said he used his personal computer at his home to search the internet for these images.
Culotta also disclosed that he had saved some of the images he viewed to his thumb drive. Culotta had the thumb drive with him and consented to a search of the device. He told the agents that he hid the images in directories that he had created on the thumb drive. Culotta also admitted that he had been viewing these types of images for as long as he had his personal laptop. During a preview of Culotta’s thumb drive, the forensic examiner located images of child pornography, including young children. Culotta also stated that he had connected the thumb drive to his NASA-issued laptop and viewed the images while at work.
Culotta consented to a search of his personal computer media, where the agents found numerous images depicting child pornography involving young children, including toddlers.
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 NASA OIG OI. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.