Middle District of Florida

Orlando, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Bryan L. Brewer (43, Winter Park) with six counts of wire fraud, four counts of bank fraud, and four counts of money laundering. If convicted, Brewer faces a maximum penalty of 20 years in federal prison for each wire fraud count, up to 30 years’ imprisonment for each bank fraud count, and up to 10 years in prison for each money laundering count.

According to the indictment and information presented in court, Brewer engaged in two fraudulent schemes totaling more than $8 million. In one scheme, Brewer solicited an individual to invest in a company that manufactured paddleboards by the name of USBoardco (also known as WatersEdge). As part of the scheme, Brewer sent the victim copies of bank statements, tax returns, and other financial documents that had been falsified to inflate the sales, profits, income, and bank account balance for the company. In reliance upon those and other misrepresentations, the victim invested over $1 million.

The second scheme involved real estate located in Seminole County, wherein an individual loaned over $4 million to assist Brewer in the purchase of the property in 2012. In return, that individual obtained a mortgage on the property. Brewer later requested a bank to lend money to one of his companies, with the understanding that it would be secured by a mortgage on the same property that was already mortgaged.  To induce the bank to make the loan, Brewer set up a false email account for the individual, who had loaned the money in 2012, which was then used to send the bank a forged letter falsely promising that the individual would release his mortgage for $3.5 million. Relying upon that letter and other misrepresentations, the bank loaned one of Brewer’s companies more than $7 million. 

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 FBI and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Roger B. Handberg.

 

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Steven Weaver, II (38, Tampa) to 15 years in federal prison for possessing a firearm as a convicted felon. Weaver had pleaded guilty on November 1, 2018.

According to court documents, over the course of several months, Weaver sold undercover agents cocaine, ammunition, and at least 11 firearms. Weaver had reason to believe that the firearms would be trafficked to and resold in other markets, including New York City. Weaver’s criminal history includes cocaine trafficking, aggravated battery with a deadly weapon, and other firearm-related offenses. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Frank Murray.

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.

Tampa, Florida – Jauwan Smith (22, Tampa) has pleaded guilty to possessing a firearm as a convicted felon. He faces a maximum penalty of 10 years in federal prison. His sentencing date has not yet been set.

According to the facts presented at the plea hearing, on the evening of March 6, 2018, officers from the Tampa Police Department observed Smith walking near Chelsea Street and 25th Street North in Tampa. When the officers approached Smith and engaged him in conversation, he admitted that he was armed with a gun. The officers then found a loaded 7.56 mm caliber pistol, containing seven rounds of ammunition, in his waistband.

In 2014, in Hillsborough County, Smith was convicted of felony offenses, including armed robbery and being a felon in possession of a firearm. As a result, he is prohibited from possessing a firearm or ammunition.

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

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.

Tampa, Florida – U.S. District Judge Steven Merryday has sentenced Lisa McLaren Janick (48, Port Charlotte) to 16 months in federal prison for healthcare fraud.

According to court records, while employed as a marketer at a home health agency, Janick falsified documents relating to patients from her husband’s medical office and created referrals for these patients to receive home health services from her employer, when Janick knew that the patients were not entitled to such services.

Janick’s husband, Dr. John Janick (73, Port Charlotte), was previously sentenced to five months in prison for obstruction of a federal audit.

This case was investigated by FBI and the U.S. Department of Health and Human Services – Office of Inspector General. It was prosecuted by Assistant United States Attorney Rachel Jones.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Cedrick Antwain Gant (28, Orlando) to 23 years in federal prison for carjacking and brandishing a semiautomatic assault weapon during an attempted carjacking. Gant had pleaded guilty on June 28, 2018.

According to court documents, on September 25, 2017, Gant, brandishing a loaded semiautomatic assault rifle, approached an individual as they drove into their driveway at a home in Eustis. As the victim exited the vehicle, Gant demanded the victim’s keys and wallet. Gant then unsuccessfully attempted to carjack the victim’s vehicle. 

Approximately an hour later, as another individual exited their vehicle at a home in Apopka, Gant approached the individual brandishing the same semiautomatic assault rifle and demanded that the victim drop their keys. In fear for their life, the victim threw the car keys to the ground, ran away, and called 911. Gant then drove off with the vehicle and attempted to flee from law enforcement in a subsequent car chase. Officers were successful in stopping the vehicle in the area of US 441 and Roger Williams Road, but Gant fled on foot and entered a residence occupied by a third victim and demanded a change of clothes and to use a telephone. After securing the third victim’s residence, law enforcement officers located Gant hiding in a wooded area behind the home.

This case was investigated by the FBI, the Apopka Police Department, and the Eustis Police Department. It was prosecuted by Assistant United States Attorney Sean P. Shecter.

Fort Myers, FL – U.S. District Judge Sheri Polster Chappell today sentenced Dr. Michael Frey (46, Fort Myers) to 18 months in federal prison for conspiracy to receive healthcare kickbacks. Frey had pleaded guilty in June 2018. In addition to his guilty plea, Frey previously agreed to a civil settlement in which he will pay $2.8 million to the United States to resolve allegations that he violated the False Claims Act in a number of ways, including receiving illegal kickbacks and by ordering medically unnecessary laboratory tests.

During the time of the conspiracy, Frey was a practicing interventional pain management specialist and one of the two principal owners of Advanced Pain Management Specialists, P.A., which is located in Fort Myers.

According to the plea agreement, beginning in 2010, Frey conspired with the owners of A&G Spinal Solutions, LLC, a durable medical equipment provider operating in Fort Myers, to receive compensation in exchange for referrals to A&G Spinal. Frey was paid a percentage of A&G Spinal’s profits based on his referrals and the referrals from other Advanced Pain providers. A&G Spinal compensated Frey through checks made payable to his wife. Through this arrangement, A&G Spinal created the impression that Mrs. Frey was an employee of A&G Spinal, when she was not.

The two principals of A&G Spinal, Ryan Williamson and William Pierce, previously pleaded guilty and have been sentenced to one year and nine months in prison, respectively, for conspiring to pay healthcare kickbacks to Frey. 

In addition, from 2013 to 2015, Frey also received cash payments from Ryan Williamson in exchange for referrals of compound pharmaceutical pain cream prescriptions.

In his plea agreement, Frey also admitted that he had received kickbacks in the form of “speaker fees” paid to him in connection with his participation in largely bogus Insys Therapeutics, Inc. speaker event programs. Insys manufactures a fentanyl sublingual spray known as SUBSYS. Insys paid kickbacks to Frey to induce him to write prescriptions for their product.   

“This sentencing of a medical provider who defrauded the Department of Defense TRICARE program should serve as a stern warning to any medical practitioners who believe they can get away with schemes to waste and divert precious taxpayer dollars for their personal gain,” said Special Agent in Charge John F. Khin, Southeast Field Office, Defense Criminal Investigative Service.  “DCIS continues to protect the integrity of all critical DoD programs by aggressively investigating those who violate the law, and bringing them to justice.”

“Dr. Frey allowed bribes and greed to guide his decision making instead of his obligation to his patients,” said Shimon R. Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Today’s sentencing demonstrates that the OIG and our partners will hold accountable those intent on fraudulently lining their own pockets with precious tax dollars from government health care programs.”

This case was prosecuted by Assistant United States Attorneys Simon Eth and Rachel K. Jones, with assistance from the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services–Office of Inspector General, and the U.S. Postal Service–Office of Inspector General.

Today’s resolution illustrates the government’s commitment to combating improper practices that implicate the nation’s federally subsidized health care programs, using all statutory and common law remedies available to address such schemes. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477). The claims resolved by the civil settlement are allegations only, and there has been no determination of liability. 

 

 

 

Jacksonville, Florida – U.S. District Judge Harvey S. Schlesinger has sentenced Gloria Wiley (73, Danville, KY) to one year and one day in federal prison for failing to refund federal student aid money, commonly referred to as Stafford Loans and Pell Grants. The court also ordered Wiley to pay $288,875.92 in restitution to former students of Stenotype Institute, the U.S. Department of Education, and the U.S. Department of Veterans Affairs. Wiley had pleaded guilty on November 13, 2018. 

According to court documents, Wiley was the owner of Stenotype Institute of Jacksonville, Inc.—a Jacksonville-based stenography school that provided professional education to individuals pursuing stenography careers, including court reporting and medical transcription. Stenotype was authorized to receive federal student aid funds from the U.S. Department of Education on behalf of its students to cover tuition, fees, and living expense stipends. Excess funds drawn on behalf of students were required to be refunded to the U.S. Department of Education or to the student within 45 days.

Beginning in June 2015, instead of refunding the excess funds, Stenotype began tracking the amounts owed in a spreadsheet. Meanwhile, Wiley continued to draw funds from the school for personal use. In total, Wiley and Stenotype held approximately $290,000 in refunds due to the U.S. Department of Education and to former students, and $9,000 due to the Department of Veterans Affairs, none of which have ever been paid. Stenotype ceased operations in March 2016, shortly after a program review by the U.S. Department of Education.

This case was investigated by the U.S. Department of Education – Office of Inspector General and the U.S. Department of Veterans Affairs – Office of Inspector General. It was prosecuted by Assistant United States Laura Cofer Taylor.

Ocala, Florida – German De Jesus Ventura (40, Sumter County) has pleaded guilty to one count of assault with a dangerous weapon with intent to inflict bodily harm. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set. Ventura is currently serving a federal sentence for a sex trafficking conviction in the District of Maryland.

According to court documents, Ventura was an inmate at the Coleman Federal Correctional Complex in Florida, when in August 2017, he repeatedly struck another inmate in the back of the head with a homemade weapon consisting of a solid metal plate attached to a lanyard. The victim suffered a large head wound, two depressed skull fractures, and significant blood loss. A correctional officer who witnessed the assault quickly apprehended Ventura as he attempted to discard the weapon and run away from the incident scene.           

This case was investigated by the FBI – Ocala Resident Agency and the Federal Bureau of Prisons. It is being prosecuted by Assistant United States Attorney William S. Hamilton.

Tampa, Florida – Dr. Charles Gerardi (76, Dunedin) has pleaded guilty to obstructing a Medicare audit. He faces a maximum penalty of 5 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, in 2012, a federal Medicare auditor performed an audit of Gerardi’s employer related to 350 claims, and more than 2,300 individual services that Gerardi had purportedly performed. In response to the audit request, Gerardi provided the auditor with a series of fabricated records, which were designed to fraudulently support the medical necessity of the claims. Gerardi knew that the claims under review were not otherwise supportable, and fabricated the records for the purpose of impeding the auditor's performance of the audit.

This case was investigated by the U.S. Department of Health and Human Services – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Rachel Jones.

Orlando, Florida– Juan Alberto Flores-Jimenez (34, Tamaulipas, Mexico), a/k/a Juan Cantu, a/k/a Stoner, today pleaded guilty to conspiring to possess with the intent to distribute 50 grams or more of methamphetamine. He faces a maximum penalty of life in federal prison. Flores-Jimenez is the eighteenth person to plead guilty as a result of a joint FBI and DEA investigation into drug trafficking organizations that supplied motorcycle clubs, including the Pagans Motorcycle Club, with distribution amounts of methamphetamine.

According to the plea agreement, Flores-Jimenez, an alien residing illegally within the United States, was the leader of a drug-trafficking-organization (DTO) distributing kilogram amounts of methamphetamine from Georgia to other DTOs located in central Florida. Flores-Jimenez obtained large amounts of methamphetamine from a DTO operating in Georgia. In some instances, members of different Florida-based DTOs traveled to Georgia to pick up large amounts of methamphetamine from the Flores-Jimenez DTO for further distribution in Florida. In other instances, runners associated with the Flores-Jimenez DTO transported large amounts of methamphetamine from Georgia to locations in Jacksonville and Daytona Beach. Members of the Flores-Jimenez DTO delivered the methamphetamine to individuals, who then further distributed the drugs to different groups and individuals in central Florida. Between April 2017 and September 13, 2018, Flores-Jimenez was responsible for distributing at least 4.5 kilograms of methamphetamine in the Middle District of Florida.

Flores-Jimenez, a native and citizen of Mexico, was ordered removed/deported from the United States in 2014 and 2015. On September 13, 2018, law enforcement arrested Flores-Jimenez and charged him will illegal reentry into the United States, after being previously removed. On January 2, 2019, in a separate case, he pleaded guilty to that charge. 

This case was investigated by the FBI, the DEA, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It is being prosecuted by Assistant United States Attorney Sean P. Shecter.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Christine Alyce Slayman (28, Jacksonville) to 40 years in federal prison for producing child pornography. Slayman was ordered to serve a life term of supervision, following her release from prison. She had pleaded guilty to two counts of producing child pornography on August 30, 2018.

According to court documents, over a several month period in 2015, Slayman sexually abused a 6-year-old child in King William, Virginia. She recorded the abuse using her cellphone. The Jacksonville Sheriff’s Office found the videos in Slayman’s Jacksonville home, after receiving a tip. Slayman had filmed herself engaged in sexual activity with the child, which included Slayman directing the child to engage in sex acts. Federal agents located 18 different video files of Slayman sexually abusing the child.

“While today’s sentencing marks an end to the investigation and prosecution of this criminal, it is important to remember that a child will carry the scars of this crime for their lifetime,” said HSI Tampa Special Agent in Charge James C. Spero.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Kelly S. Karase and 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.

 

 

Tampa, Florida – Senior U.S. District Judge James Moody, Jr. today sentenced Taurence Creary (47, Tampa) to five years in federal prison for conspiracy, receipt of stolen government property, and aggravated identity theft. Creary had pleaded guilty on April 5, 2018.

According to court documents, Creary obtained a number of genuine federal tax refund checks that had been stolen en route to the intended taxpayers, who were identity theft victims living in the Middle District of Florida. Creary and others then sold or attempted to sell the checks to third parties. The U.S. Department of Treasury tax refund checks ranged in amounts from $4,000 to more than $100,000, with an aggregate value of over $398,000.

On May 10, 2018, U.S. District Judge Mary S. Scriven sentenced Xavier Williams, Creary’s co-conspirator, to three years in federal prison for his role in the scheme.     

This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorneys Rachel K. Jones and Eric K. Gerard.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a

16-count indictment  charging Deborah Pierre (31, Haines City), Billy Altidor (28, Wellington), and Evanie Louis (26, Wellington) with conspiracy to commit theft of government property, theft of government property, and aggravated identity theft. Each faces a maximum penalty of 10 years in federal prison for each theft charge, 5 years’ imprisonment on each conspiracy charge, and a minimum mandatory consecutive penalty of 2 years for the aggravated identity theft charge. The indictment also notifies the individuals that the United States is seeking a money judgment of $91,749.30, the proceeds of the alleged conspiracy.

According to the indictment, Louis and Altidor conspired among themselves, and with others, to commit stolen identity refund fraud. The conspirators used stolen identities to file false tax returns and then directed the fraudulently obtained tax refunds to be deposited into accounts that they controlled. In addition, they activated debit cards and bank accounts using the stolen identities and received the fraudulently claimed tax refunds in those accounts.

Louis, Alitdor, and Pierre also conspired among themselves, and with others, to use stolen identities to access the MySocialSecurity system and redirect Social Security benefit payments to accounts controlled by the conspirators.

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 Social Security Administration – Office of the Inspector General, the Internal Revenue Service – Criminal Investigation, and the Department of the Treasury Office of the Inspector General. It will be prosecuted by Special Assistant United States Attorney Suzanne Huyler.

Orlando, FL – United States Attorney Maria Chapa Lopez announces today that Dr. Craig D. Fishman and Dr. Jeffrey A. Sheridan have agreed to pay the United States a combined total of $157,312.32 to resolve allegations that they violated the False Claims Act by knowingly billing the government for mutually exclusive eyelid repair surgeries. Dr. Fishman and Dr. Sheridan are ophthalmologists who operate Fishman & Sheridan Eye Care Specialists.

The settlement relates to Dr. Fishman and Dr. Sheridan’s billing of two procedures, blepharoplasty and ptosis. Medicare identifies these procedures as mutually exclusive eyelid repair surgeries that usually should not be billed simultaneously. According to the settlement agreement, from April 11, 2011, through March 31, 2017, Dr. Fishman and Dr. Sheridan each regularly billed for simultaneously performing blepharoplasty and ptosis on patients and submitted those claims to the United States for reimbursement. 

“Protecting Medicare and other federal health care programs from fraud is a priority of the U.S. Attorney’s Office,” said U.S. Attorney Maria Chapa Lopez. “This settlement highlights our commitment to identifying doctors who do not follow the law.”

“Improperly billing for services to increase revenue burdens our healthcare system,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG). “Our agency will continue to investigate health care providers that seek to illegally boost profits at the expense of federal health care programs.”

The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by two whistleblowers—Dr. Michael Pennachio, a former partner of Drs. Fishman and Sheridan, and Sharon Drake, their former office manager. Dr. Pennachio and Ms. Drake sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting private citizens to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. Dr. Pennachio and Ms. Drake will receive $26,000 of the proceeds from the settlement with Dr. Fishman and Dr. Sheridan.

This settlement resulted from an investigation coordinated by Assistant U.S. Attorney Jeremy R. Bloor, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.

The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The case is captioned United States ex rel. Michael Pennachio, M.D. and Sharon Drake v. Craig D. Fishman, M.D., and Jeffrey A. Sheridan, M.D., Case No. 5:17-cv-152-OC-34PRL. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

 

Orlando, Florida – United States Attorney Maria Chapa Lopez announces guilty pleas by the following individuals in four separate cases:

United States v. Barbara Caylor-Hernandez et al., Case No. 6:18-cr-184-Orl-37TBS

Name Age/City Date of Plea Pleaded Guilty to the Following Charge

Barbara Caylor-Hernandez

  a/k/a “Barb”

  a/k/a “Barbie”

47, Ormond Beach

1/9/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Ramiro Fraire-Chavarria

44, Dalton, GA

1/29/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Michael Babin

47, Daytona Beach

1/20/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Melanie Kerr

28, Daytona Beach

1/30/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Keith Simmons

41, Oak Hill

1/16/2019

Conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 or more grams of methamphetamine.

Carla Ray

51, Oak Hill

1/29/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Spencer Burkard

49, New Smyrna Beach

1/31/2019

Conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 or more grams of methamphetamine.

Robert Foster

357, St. Augustine

1/24/2019

Conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 or more grams of methamphetamine.

Daniel Barbarino

54, Daytona Beach

1/28/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Andrew Shettler

  a/k/a “Yeti”

33, Palm Coast

1/30/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Brian Burt

  a/k/a “Sledge”

47, Port Orange

1/16/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Lawrence Sann

55, Bunnell

1/25/2019

Conspiracy to distribute 5 grams or more of methamphetamine.

 United States v. Keith Kirchoff et al., Case No. 6:18-cr-183-Orl-37DCI

Name Age/City Date of Plea Pleaded Guilty to the Following Charge

Andrew Shettler

  a/k/a “Yeti”

33, Palm Coast

1/30/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Michael Andrews

  a/k/a “Clutch”

33, Palm Coast

1/29/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

 United States v. Cindy Bledsoe et al., Case No. 6:18-cr-182-Orl-37KRS

Name Age/City Date of Plea Pleaded Guilty to the Following Charge

Jason Stringer

38, Daytona Beach

1/29/2019

Conspiracy to distribute 5 grams or more of methamphetamine.

Michael Andrews

  a/k/a “Clutch”

33, Palm Coast

1/29/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

United States v. Salvador Rivas et al., Case No 6:18-cr-213-Orl-37TBS

Name Age/City Date of Plea Pleaded Guilty to the Following Charge

Salvador Rivas

  a/k/a “Shadow”

29, Jacksonville

1/31/2019

Conspiracy to distribute 5 grams or more of methamphetamine.

Melissa Ford

35, Daytona Beach

1/28/2019

Conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 or more grams of methamphetamine.

Theodore Bilski

53, Daytona Beach

1/29/2019

Conspiracy to distribute 50 grams or more of methamphetamine.

Caylor-Hernandez, Fraire-Chavarria, Babin, Kerr, Simmons, Ray, Burkard, Foster, Barbarino, Burt, Shettler , Andrews, Rivas, Ford, and Bilski each face a maximum penalty of life in federal prison. Sann and Stringer each face a maximum penalty of 40 years in federal prison. A sentencing date has not yet been set.

According to court documents, in April 2017, the FBI, and later the DEA, began an investigation into the drug trafficking organizations (DTO) that had supplied motorcycle clubs, including the Pagans Motorcycle Club, operating in the Middle District of Florida with distribution amounts of methamphetamine.

During the investigation, law enforcement learned that Caylor-Hernandez was one of the leaders of a DTO distributing kilogram amounts of methamphetamine to other DTOs and individuals located in central Florida. Members of the Caylor-Hernandez DTO transported methamphetamine from Georgia to various cities in central Florida, including St. Augustine, Holly Hill, and Daytona Beach, for further distribution.

One of the members of the Caylor-Hernandez DTO, Kerr, then distributed the methamphetamine to Burt and Shettler. At the time, Burt was a member of the Pagans’ Mother Chapter, a group of 13 members that direct the Pagans’ criminal activities throughout the United States. Shettler was a member of the Thunderguards Motorcycle Club, a club affiliated with the Pagans.  

Law enforcement also learned that Andrews, who was the sergeant-at-arms or enforcer for the local Pagans’ chapter located in Daytona Beach, received distribution amounts of methamphetamine from several sources, including a DTO operating in both Georgia and central Florida. That DTO transported large amounts of methamphetamine from Georgia to central Florida for further distribution.

These cases were investigated by the FBI, DEA, 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.

Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell has sentenced John Dillon Williamson (27, Orlando) to four years in federal prison for distributing anabolic steroids. Williamson had pleaded guilty on November 13, 2018.

According to court documents, Williamson conspired with others over several years to distribute hundreds of kilograms of anabolic steroids. Williamson and his co-conspirators ordered the steroids from overseas suppliers, received them at several addresses in central Florida and elsewhere, combined them into various mixtures, and used the internet to distribute the steroids throughout the United States.

This case was investigated by the Drug Enforcement Administration, the U.S. Postal Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Embry J. Kidd.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Shamar Lajuan Thomas (26, Clearwater), a/k/a “Baby,” to 35 years in federal prison for conspiracy to commit robbery, robbery, and using or carrying a firearm in furtherance of a violent crime. A federal jury found Thomas guilty on October 11, 2018. Thomas was the last member of the Polk County-based criminal organization to be convicted of conducting armed robberies of other drug dealers.

According to evidence presented at trial, from at least April 2007, and continuing through July 20, 2017, Marion Dwight, Jr. conspired with Thomas and others to commit multiple armed robberies and burglaries of several local drug dealers. During each of the incidents, they discharged or brandished firearms. To date, the FBI has identified at least 14 armed robberies and 4 armed burglaries that were committed by Dwight and his co-conspirators.

In June 2016, Thomas and his co-conspirator, Fredrick James Burney, Jr. a/k/a “Frido,” forced their way inside of a home in Lakeland in search of narcotics and cash. While inside, they held a male victim at gunpoint, shot at a female victim, and stole cash and a firearm from the victims. During the robbery, Thomas physically attacked the woman and repeatedly hit her in the head with his firearm, causing her to bleed profusely. 

Seven others have pleaded guilty to various offenses. Each faces a maximum penalty of life imprisonment, as noted below:

 

Name

Age, Residence

Status

Bradney Henry McGary

32, Lakeland

Pleaded guilty to 1 count of conspiracy to distribute 500 grams or more of cocaine, 1 count of conspiracy to commit robbery, 2 counts of robbery, and 1 count of discharging a firearm in furtherance of a violent crime.

Sentenced to 19 years and 2 months imprisonment on October 17, 2018.

Sherrod Raeshad Gordon,

a/k/a “Hott”

32, Tampa

Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging a firearm in furtherance of a violent crime.

Sentenced to 29 years and 8 months imprisonment on February 1, 2019.

Marion Dwight, Jr.

a/k/a “Woe,”

a/k/a “Woe Money”

31, Lakeland

Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging and brandishing a firearm in furtherance of a violent crime.

Faces a minimum mandatory sentence of 35 years, and up to life in federal prison.

Sentencing scheduled for April 4, 2019.

Michael James Baker,

a/k/a “Bake,”

a/k/a “Maserati”

35, Clearwater

Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of brandishing and discharging a firearm in furtherance of a violent crime.

Faces a minimum mandatory sentence of 32 years, and up to life, in federal prison.

Sentencing scheduled for March 15, 2019.

Fredrick James Burney, Jr.,

a/k/a “Frido”

a/k/a “Free”

28, Clearwater

Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging a firearm in furtherance of a violent crime.

Faces a minimum mandatory sentence of 35 years, and up to life, in federal prison.

Sentencing scheduled for April 11, 2019.

Antonio Marquis Roddy,

a/k/a “Lil Head”

31, Orlando

Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging and brandishing a firearm in furtherance of a violent crime.

Faces a minimum mandatory sentence of 35 years, and up to life, in federal prison.

Sentencing scheduled for March 15, 2019.

Jevin Michael Stone

30, Lakeland

Pleaded guilty to 1 count of conspiracy to commit robbery, 2 counts of robbery, and 2 counts of discharging and brandishing a firearm in furtherance of a violent crime.

Faces a minimum mandatory sentence of 35 years, and up to life, in federal prison.

Sentencing scheduled for March 15, 2019.

 This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Lisa M. Thelwell and James Muench.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Roderick Lamar Duval (39, Bradenton) to 15 years and 8 months in federal prison for distributing fentanyl and heroin. He had pleaded guilty on September 27, 2018.

According to court documents, Duval sold fentanyl and heroin to an undercover detective on multiple occasions. During one of the transactions, Duval sold the fentanyl and heroin to the undercover detective within 1,000 feet of an elementary school in Bradenton.

This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Hot Batch.” The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The investigation was conducted by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Taylor G. Stout.

Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Peter Jackson (31, St. Petersburg) to 12 years and 6 months in federal prison for possessing a firearm in furtherance of a drug trafficking crime. Jackson had pleaded guilty on October 29, 2018.

According to court documents, on May 9, 2018, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a search warrant at a house in St. Petersburg. As the agents approached the home, they found Jackson sitting on the front porch with crack cocaine and a loaded pistol. He was waiting to sell the crack cocaine to a customer.

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

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Orlando, Florida – A federal jury has found Catrell Ivory (27, Orlando) guilty of two robberies, an attempted robbery, and two counts of brandishing a firearm during a robbery, in connection with a series of armed Walmart robberies he committed in Orlando. Ivory faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for April 24, 2019.

According to evidence presented at trial, shortly after midnight on June 2, 2017, Ivory and his accomplices robbed the Walmart Neighborhood Market located at 5559 Clarcona Ocoee Road in Orlando. The store managers were held at gunpoint and more than $74,000 was stolen from the vault inside the cash office. On July 31, 2017, at approximately 3:00 a.m., Ivory and his accomplices robbed another Walmart Market located at 2715 S. Orange Avenue in Orlando. They held a store manager at gunpoint and stole more than $24,000 from the cash office. On August 10, 2017, Ivory and his accomplices attempted to rob a third Walmart Market located at 8801 Conroy Windermere Road in Orlando, but they were unable to get into the cash office.  

During each incident, Ivory and his accomplices carried and brandished firearms and wore masks and gloves to conceal their identities.

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

Pathology laboratory company Inform Diagnostics has agreed to pay $63.5 million to settle allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department announced today.  Inform Diagnostics, formerly known as Miraca Life Sciences Inc., is headquartered in Irving, Texas, and was a subsidiary of Miraca Holdings Inc., a Japanese company, during the period relevant to the case.  In 2017, majority ownership of the company changed, and the company was renamed. 

“The Department of Justice has longstanding concerns about improper financial relationships between health care providers and their referral sources because those relationships can alter a physician’s judgment about the patient’s true health care needs and drive up health care costs for everybody,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “In addition to yielding a substantial recovery for taxpayers, this settlement should deter similar conduct in the future and help make health care more affordable.”

The settlement announced today resolves allegations that the company violated the Anti-Kickback Statute and the Stark Law by providing to referring physicians subsidies for electronic health records (EHR) systems and free or discounted technology consulting services.  The Anti-Kickback Statute and the Stark Law restrict the financial relationships that health care providers, including laboratories, may have with doctors who refer patients to them.  Although regulations adopted by the Department of Health and Human Services (HHS) in 2006 included provisions that allowed laboratories to provide EHR donations to physicians under certain conditions, the United States alleged that the defendant violated those conditions.  HHS withdrew those exemptions for laboratories in 2013. 

“The wellbeing and needs of the patient should always be a medical provider’s primary considerations,” said U.S. Attorney Don Cochran of the Middle District of Tennessee.  “The restrictions imposed by federal statutes exist to prevent improper influence on the parties prescribing and providing medical services, including laboratory tests. We will continue to enforce the laws that protect the integrity of federal health care programs.”

“Patients deserve the unfettered, independent judgment of their health care professionals.  Offering financial incentives to physicians and medical practices in exchange for referrals undermines citizens’ trust in our health care system,” said United States Attorney Maria Chapa Lopez of the Middle District of Florida.  “With this settlement, our Civil Division confirms its commitment to our nation’s critical struggle against practices that put public health programs at risk.”

“When health care providers are distracted by suspect financial arrangements, the interests of patients can be cast aside,” said Special Agent in Charge Derrick L. Jackson of HHS OIG.  “Our agency, working closely with our law enforcement partners, will continue to protect patients and the federal health care programs that serve them.”

The allegations stem from three lawsuits that were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens to bring suit on behalf of the United States for false claims and share in any recovery.  The whistleblowers’ share of the settlement announced today has not yet been determined.

The case was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Middle District of Tennessee, the U.S. Attorney’s Office for the Middle District of Florida, the Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation.  The claims asserted against Miraca are allegations only, and there has been no determination of liability.

The cases are captioned: United States ex rel. Dorsa v. Miraca Life Sciences, Inc., Case No. 13-cv-1025 (M.D. Tenn.); United States ex rel. LPF, LLC v. Miraca Life Sciences, Inc., et al., 3:16-cv-1355 (M.D. Tenn.); and United State ex rel. Heaphy, et al. v. Miraca Life Sciences, Inc., 3:18-cv-1027 (M.D. Tenn.). 

Tampa, FL –  Pathology laboratory company Inform Diagnostics has agreed to pay $63.5 million to settle allegations that it violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department announced today.  Inform Diagnostics, formerly known as Miraca Life Sciences Inc., is headquartered in Irving, Texas, and was a subsidiary of Miraca Holdings Inc., a Japanese company, during the period relevant to the case.  In 2017, majority ownership of the company changed, and the company was renamed. 

“The Department of Justice has longstanding concerns about improper financial relationships between health care providers and their referral sources because those relationships can alter a physician’s judgment about the patient’s true health care needs and drive up health care costs for everybody,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.  “In addition to yielding a substantial recovery for taxpayers, this settlement should deter similar conduct in the future and help make health care more affordable.”

The settlement announced today resolves allegations that the company violated the Anti-Kickback Statute and the Stark Law by providing to referring physicians subsidies for electronic health records (EHR) systems and free or discounted technology consulting services.  The Anti-Kickback Statute and the Stark Law restrict the financial relationships that health care providers, including laboratories, may have with doctors who refer patients to them.  Although regulations adopted by the Department of Health and Human Services (HHS) in 2006 included provisions that allowed laboratories to provide EHR donations to physicians under certain conditions, the United States alleged that the defendant violated those conditions.  HHS withdrew those exemptions for laboratories in 2013. 

“The wellbeing and needs of the patient should always be a medical provider’s primary considerations,” said U.S. Attorney Don Cochran of the Middle District of Tennessee.  “The restrictions imposed by federal statutes exist to prevent improper influence on the parties prescribing and providing medical services, including laboratory tests. We will continue to enforce the laws that protect the integrity of federal health care programs.”

“Patients deserve the unfettered, independent judgment of their health care professionals.  Offering financial incentives to physicians and medical practices in exchange for referrals undermines citizens’ trust in our health care system,” said United States Attorney Maria Chapa Lopez of the Middle District of Florida.  “With this settlement, our Civil Division confirms its commitment to our nation’s critical struggle against practices that put public health programs at risk.”

“When health care providers are distracted by suspect financial arrangements, the interests of patients can be cast aside,” said Special Agent in Charge Derrick L. Jackson of HHS OIG.  “Our agency, working closely with our law enforcement partners, will continue to protect patients and the federal health care programs that serve them.”

The allegations stem from three lawsuits that were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens to bring suit on behalf of the United States for false claims and share in any recovery.  The whistleblowers’ share of the settlement announced today has not yet been determined.

The case was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Middle District of Tennessee, the U.S. Attorney’s Office for the Middle District of Florida, the Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation.  The claims asserted against Miraca are allegations only, and there has been no determination of liability.

The cases are captioned: United States ex rel. Dorsa v. Miraca Life Sciences, Inc., Case No. 13-cv-1025 (M.D. Tenn.); United States ex rel. LPF, LLC v. Miraca Life Sciences, Inc., et al., 3:16-cv-1355 (M.D. Tenn.); and United State ex rel. Heaphy, et al. v. Miraca Life Sciences, Inc., 3:18-cv-1027 (M.D. Tenn.). 

Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced Lavonta Hill (28, St. Petersburg) to five years and four months in federal prison for possessing a firearm as a convicted felon. Hill had pleaded guilty on October 30, 2018.

According to court documents, on January 25, 2017, at approximately 3:45 a.m., Hill was involved in a shootout in a residential area of 15th Street South and 14th Avenue South, in St. Petersburg. Shortly after the shooting, officers from the St. Petersburg Police Department (SPPD) found Hill on the ground in the parking lot of a nearby liquor store, bleeding from his wounds. Hill, who at the time was a convicted felon and prohibited from possessing a firearm or ammunition, denied knowing where the shooting occurred, who shot him, or why.

Further investigation by SPPD determined that the shooting had occurred on 15th Street South, approximately 60 shots had been fired, and bullets had struck houses, trees, and cars in the vicinity. In the front yard of one of the residences, an officer found a blue recycling container with blood smeared on it. Under the container, the officer found a firearm. Investigators discovered a trail of blood drops from that residence to the liquor store parking lot. Surveillance video from a nearby grocery store showed Hill staggering across the parking lot and crossing the street toward the liquor store at approximately 3:46 a.m., and witnesses described seeing Hill stumble and sway as he approached the liquor store. DNA from the blood on the firearm and recycling bin matched Hill’s DNA and a firearms and ballistics expert determined that two of the cartridge cases from the shooting scene were fired from the firearm linked to Hill.

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

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.

Tampa, Florida – U.S. District Judge James S. Moody Jr. today sentenced  Jayam Krishna Iyer (66, Clearwater) to six months in federal prison for committing health care fraud, ordered Iyer to forfeit over $52,000 in health care fraud proceeds, and order her to pay restitution to the Medicare and Medicaid programs.

In addition, the court ordered Iyer to forfeit her Florida medical license, permanently excluding her from participating in the Medicare and Medicaid programs. And, Iyer agreed to surrender her DEA registration number, which had been used to prescribe controlled substances, and not to reapply for a DEA registration number for at least 20 years.

According to court documents, Iyer owned and operated Creative Medical Center, located on Druid Road East in Clearwater. The center functioned as a pain management clinic; Iyer conducted office visits and wrote prescriptions for controlled substances, including oxycodone, morphine, and fentanyl.

Beginning in July 2011 and continuing through December 2017, Iyer carried out a scheme to defraud Medicare by billing for face-to-face office visits with Medicare and Medicaid patients, when, in fact, certain patients had not gone to Iyer’s office and had not been examined by her on the claimed dates. Instead, family members of patients had visited Iyer’s office, where she issued prescriptions for Schedule II controlled substances, including oxycodone, to the family members in the patients’ names. Iyer thereby violated a Florida law requiring doctors to perform an in-person office visit and examination of each patient before issuing Schedule II controlled substance prescriptions.

Iyer also falsified her electronic medical records, including vital statistics, to make it appear that the actual patients had been present in her office for an office visit, when they had not.

Iyer submitted at least $52,000 in false and fraudulent Medicare and Medicaid claims.

This case was investigated by the Opioid Fraud and Abuse Detection Unit – one of 12 Department of Justice pilot programs created to help combat the opioid crisis that is ravaging families and communities across America. The unit focuses specifically on opioid-related health care fraud using data to identify and prosecute individuals that are contributing to the prescription opioid epidemic. The case was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services Office of Inspector General, the Florida Office of Attorney General’s Medicaid Fraud Control Unit, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.

Orlando, Florida – Roberto Oquendo (37, Brevard County) today pleaded guilty to two counts of production of child pornography. He faces a minimum mandatory penalty of 15 years, and up to 30 years, in federal prison on each count.

According to the plea agreement, on September 15, 2016, in Melbourne, Oquendo was the subject of a traffic stop. During the traffic stop, deputies from the Brevard County Sheriff’s Office received a tip that Oquendo possibly had child pornography in his possession. As a result, task force agents with the FBI and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations interviewed Oquendo. During the interview, Oquendo admitted that, for several years, he had used a cellphone to search for and view child pornography. Oquendo also disclosed that while residing in Brevard County, he had used a cellphone to take explicit photos of two female children in his custody. 

Further investigation led to the seizure of several items of computer media from a place in Brevard County where Oquendo had resided. The computer media contained thousands of images and videos of the two young girls, who were toddlers at the time, as well as other children, engaged in sexually explicit conduct. Oquendo’s collection of child pornography contained depictions of infants, toddlers, and young children engaged in sexual activity, including sadistic conduct.

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

This case was investigated by the Federal Bureau of Investigation, U.S. Immigration and Custom Enforcement’s Homeland Security Investigations, and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

 

Tampa, Florida – Esterbann Deneus (56, Bradenton) has pleaded guilty to conspiracy to commit theft of government funds and aggravated identity theft. He faces a maximum penalty of five years in federal prison. His sentencing date has not yet been set.

According to court documents and the facts presented at the plea hearing, Deneus was involved in a scheme to deposit tax refunds checks that the IRS had issued due to the filing of false and fraudulent income tax returns submitted in the names of various victim-taxpayers. Between October 2013 and July 2014, Deneus deposited a number third-party tax refund checks into a bank account that he controlled. The investigation revealed that the IRS received fraudulent tax returns resulting in the transmission of more than $84,000 in fraudulent income tax refund checks that were ultimately deposited into Deneus’s bank account. These third-party checks, made payable to victim-taxpayers who knew nothing of the refunds or the returns that had generated them, and who did not know Deneus, were also fraudulently endorsed with forged signatures of the payees.

This case was investigated by the Internal Revenue Service Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Fanny Melina Zelaya-Mendez (39, Jacksonville) and Roger Omar Zelaya-Mendez (34, Jacksonville) to federal prison terms for crimes arising out of a scheme to facilitate the employment of undocumented aliens in the construction industry and to evade state and federal payroll taxes and workers’ compensation laws.

Fanny Zelaya-Mendez was sentenced to four years in federal prison for three counts of conspiracy to commit wire fraud, one count of conspiracy to defraud the IRS, and one count of aggravated identity theft. Roger Zelaya-Mendez was sentenced to two years in prison for one count of conspiracy to commit wire fraud and one count of conspiracy to defraud the IRS. The court ordered the Zelaya-Mendezes to forfeit $399,776.43 and two vehicles, all of which was seized during the investigation. The court also ordered them to forfeit a total of $1,033,485 in proceeds from the wire fraud offenses and to pay restitution to the IRS for a tax loss totaling $6,536,796. The Zelaya-Mendezes, who are siblings, are Honduran citizens unlawfully present in the United States. They had previously pleaded guilty to the offenses.

According to court documents, the fraudulent scheme involved the Zelaya-Mendezes establishing shell companies for which they obtained minimal workers’ compensation insurance covering only a few employees. They then entered into agreements with numerous construction contractors to provide hundreds of workers, most of whom were undocumented aliens, for the contractors’ projects.

The contractors wrote payroll checks to the shell companies for the work performed by the workers. The Zelaya-Mendezes cashed the checks, kept 4% as a fee, and distributed the remaining cash to work crew leaders, who then paid the workers in cash. By obtaining and paying the workers through the shell companies, the contractors could disclaim responsibility for ensuring that the workers were legally authorized to work in the United States, that adequate workers’ compensation insurance was provided, and that required payroll taxes were paid.

Between June 2016 and April 2018, a total of $25,837,141 of payroll passed through the shell companies and the Zelaya-Mendezes’s 4% fee totaled $1,033,485.  The premiums for a workers’ compensation insurance policy covering hundreds of workers and a payroll of $25,837,141 would have been approximately $6.6 million.  Neither the Zelaya-Mendezes nor the contractors remitted payroll taxes to the IRS.  According to the IRS, the estimated payroll taxes due on total wages of $25,837,141 is $6,536,796.

When Fanny Melina Zelaya-Mendez was arrested on May 4, 2018, she gave a false name to an immigration officer and claimed to be a U.S. citizen who had been born in Puerto Rico. She also presented a valid Florida Identification Card she had obtained in the false name. Subsequent investigation revealed that the identity she had adopted was for a real U.S. citizen who was born in Puerto Rico and that she had obtained the Florida ID card using a genuine Puerto Rico birth certificate and a genuine Social Security card.

“These sentences should remind anyone who circumvents our nation’s immigration laws and exploits the financial industry that they will be held accountable,” said HSI Tampa Special Agent in Charge James C. Spero.

“Today’s sentences should send a message to those involved in the business of evading employment taxes,” said Special Agent in Charge Mary Hammond of the IRS Criminal Investigation, Tampa Field Office. “Let this be a warning to all that law enforcement will not allow construction contractors to gain an unfair advantage by breaking the law.”

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation.  It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

Fort Myers, FL – On December 27, 2018, U.S. Magistrate Judge Carol Mirando sentenced Javier Torres (42, Miami) to 14 days’ imprisonment for harassing two endangered Florida panther kittens. The court also ordered Torres to pay a $1,000 fine, and sentenced him to complete 200 hours of community service and to serve three years’ probation. On December 18, 2018, Judge Mirando sentenced Alfredo Lopez de Queralta (46, Miami) to complete 100 hours of community service and serve 2 years’ probation in connection with the same incident. Both men previously pleaded guilty on September 12, 2018. 

According to court documents, in February 2017, Torres crawled into a Florida panther den in the Big Cypress National Preserve in Collier County and unlawfully removed two panther kittens. Lopez de Queralta filmed Torres as he displayed the kittens for the camera. Later, Lopez de Queralta uploaded and shared segments of the video on YouTube. 

“Florida panthers are iconic species that are protected under the Endangered Species Act,” said Luis Santiago, Special Agent in Charge, Southeast Region, United States Fish and Wildlife Service. “This case demonstrates our commitment to protect these species so that they can be recovered and be a part of the landscape for future generations.”  

Florida panthers are considered to be among the most critically endangered large mammal species in the world, and experts estimate fewer than 200 Florida panthers are alive today.       

This case was investigated by the United States Fish and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, and the National Park Service.  It was prosecuted by Assistant United States Attorney Simon Eth.

Orlando, Florida – On January 4, 2019, United States Attorney Maria Chapa Lopez announced the return of an indictment charging Catiel Marquez Gonzalez (21) and Yeran Antigua Martinez (37), citizens of Cuba, with conspiracy to commit bank fraud. The indictment also charges Marquez Gonzalez with three substantive counts of bank fraud and Antigua Martinez with eight substantive counts of bank fraud. If convicted, each faces a maximum penalty of 30 years in federal prison on each count. 

According to the indictment, beginning in July 2017, and continuing through at least January 2018, Marquez Gonzalez and Antigua Martinez conspired with each other and other persons to commit bank fraud against federally insured financial institutions. To carry out their scheme, Marquez Gonzalez and Antigua Martinez and their co-conspirators burglarized United States Postal Service mailboxes and stole mail, including personal checks. They then altered the stolen checks to bear their own names and the names of co-conspirators and deposited the altered checks into accounts they controlled.

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

This case was investigated by the United States Postal Inspection Service.  It will be prosecuted by Assistant United States Attorney Kara M. Wick.

Tampa, Florida - U.S. Attorney Maria Chapa Lopez, along with Special Agent in Charge Eric Sporre, FBI-Tampa Division, and Special Agent in Charge Mary Hammond, IRS-Criminal Investigation, today announced the seizure of the xDedic Marketplace, a website that operated for years and was used to sell access to compromised computers worldwide and to personally identifiable information of U.S. residents. The xDedic administrators strategically maintained servers all over the world to facilitate the operation of the website.

The international operation to dismantle and seize this infrastructure is the result of close cooperation with law enforcement authorities in Belgium and Ukraine, as well as the European law enforcement agency Europol. On January 24, 2019, seizure orders were executed against the domain names of the xDedic Marketplace, effectively ceasing the website’s operation.

The xDedic Marketplace operated across a widely distributed network and utilized bitcoin in order to hide the locations of its underlying servers and the identities of its administrators, buyers, and sellers. Buyers could search for compromised computer credentials on xDedic by desired criteria, such as price, geographic location, and operating system. Based on evidence obtained during the investigation, authorities believe the website facilitated more than $68 million in fraud. The victims span the globe and all industries, including local, state, and federal government infrastructure, hospitals, 911 and emergency services, call centers, major metropolitan transit authorities, accounting and law firms, pension funds, and universities.

The U.S. investigation was led by the FBI and IRS-CI, with assistance from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Florida Department of Law Enforcement. Substantial assistance was provided by the Department of Justice’s Office of International Affairs and the Criminal Division’s Computer Crime and Intellectual Property Section.

The joint Belgian-Ukrainian investigation was led by the Federal Prosecutor’s Office and the Federal Computer Crime Unit of Belgium, and the National Police and the Prosecutor General’s Office of Ukraine, with significant support by Europol.

Additionally, the German Bundeskriminalamt provided assistance in the operation to seize xDedic’s infrastructure.

 

Tampa, FL – On January 3, 2019, a federal grand jury returned an 11-count indictment charging Glenn Francis (58, Palm Harbor) with conspiracy to commit wire fraud and mail fraud, and with substantive counts of wire fraud, mail fraud, and money laundering. Francis 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. The indictment also notifies the defendant that the United States is seeking a money judgment for at least $313,370.03, an amount equal to the proceeds of the crimes charged.

According to the indictment, from at least 2016 through January 2019, Francis 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 that they would be arrested and fined if they did not pay their alleged back taxes immediately; impersonating loan officers and misleading U.S. residents to believe that they would receive loan proceeds upon paying an advance fee to the defendant or others he hired; or 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.  

The indictment alleges that the defendant collected the fraud proceeds by withdrawing them from bank accounts he or others he hired (runners) controlled; retrieving the proceeds from money services businesses; and depositing checks and cash equivalents into bank accounts he or his runners controlled. In order to collect the fraud proceeds, the runners were provided with the victims’ names, locations, and amount paid. Runners were then directed to retrieve the fraud proceeds in cash, and turn them over, often less a payment to the runner for opening the account or conducting the transaction.

On January 11, 2019, law enforcement officers executed a search warrant at Francis’s home. Among other items, they seized business and financial records, money transfer receipts, and two electronic devices.

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

This case was investigated by the Internal Revenue Service–Criminal Investigation, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Treasury Inspector General for Tax Administration, the Department of Homeland Security-Office of Inspector General, and the Pinellas County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Rachel K. Jones.

Orlando, FL – United States Attorney Maria Chapa Lopez announces that on January 9, 2019, Conway Lakes NC, LLC; its former Administrator, Matthew File; its management company, Clear Choice Health Care, LLC; Clear Choice’s part-owner and President, Jeffrey Cleveland; Clear Choice’s part-owner and Senior Vice President, Geoffrey Fraser; and an Orlando-area orthopedic surgeon, Dr. Kenneth Krumins, agreed to pay $1.5 million to resolve allegations that they engaged in a kickback scheme related to the referral of Medicare and TRICARE patients.

The settlements announced today resolve allegations that Conway Lakes, through File, Cleveland, Fraser, and Clear Choice, conspired to pay Dr. Krumins under a sham “medical director” agreement to induce him to illegally refer Medicare and TRICARE patients to Conway Lakes for rehabilitation services that were billed to the United States. Dr. Krumins’s settlement agreement also resolves allegations that he engaged in a similar kickback scheme with a related home health agency. 

The United States alleged that these financial arrangements violated the physician self-referral law, commonly known as the “Stark Law,” and the Anti-Kickback Statute, giving rise to liability under the False Claims Act. Pursuant to two separately executed settlement agreements, Dr. Krumins has agreed to pay $500,000, and Conway Lakes, Clear Choice, Cleveland, Fraser, and File have agreed collectively to pay $1 million to the United States.

“Our office will aggressively pursue health care providers who engage in kickback schemes,” said U.S. Attorney Maria Chapa Lopez.  “These schemes drive up costs and undermine patient care. The United States Attorney’s Office will continue to advocate for the integrity of federally subsidized health programs and for the proper care of our seniors and our veterans.”

“Disguising intricate kickback arrangements through directorships and other misrepresented positions corrupts physician decision making and undermines the public’s trust in the healthcare system,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG).  “Our agency will continue to investigate health care providers that seek to illegally boost profits at the expense of federal health care programs.”

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

“These investigations require patience, persistence and a strong commitment to protecting our federally funded healthcare programs. The FBI and its law enforcement partners will continue to identify and investigate those individuals who try to cheat the system,” said Eric W. Sporre Special Agent in Charge of the FBI Tampa Division.

The allegations resolved by the settlement agreements were originally brought in a lawsuit filed by a former employee of Conway Lakes, Jonathan Montes de Oca, under the qui tam, or whistleblower, provisions of the False Claims Act.  The Act permits private citizens with knowledge of fraud against the government to bring an action on behalf of the United States and to share in any recovery.  Mr. Montes de Oca will receive $267,000 of the proceeds from the settlements.

The case was handled by the Justice Department’s Civil Division and the U.S. Attorney’s Office for the Middle District of Florida.  Investigative assistance was provided by the U.S. Department of Health and Human Services Office of Inspector General, the Defense Criminal Investigative Service, and the Federal Bureau of Investigation.  Trial Attorney Breanna Peterson and Assistant United States Attorney Jeremy Bloor coordinated the investigation. 

The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The lawsuit is captioned United States ex rel. Montes de Oca v. Conway Lakes NC, LLC et al., Civil Action No. 6:16-cv-1374-ORL-37GJK (M.D. Fla.).  The claims settled by this agreement are allegations only, and there has been no determination of liability.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Alexander Rosado-Figueroa (45, Orlando) to six years and three months in federal prison for possessing with the intent to distribute heroin and cocaine, while Rosado-Figueroa was on supervised release for a prior drug conviction. Rosado-Figueroa had pleaded guilty to the possession and distribution offenses on July 3, 2018. He admitted to violating the terms of his supervised release on November 13, 2018. 

According to court documents, on January 31, 2018, Deputy U.S. Marshals arrested Rosado-Figueroa for violating the terms of his supervised release after he had tested positive for using cocaine and opiates. During the arrest, Rosado-Figueroa was found to be carrying 15.5 grams of cocaine, 7 grams of heroin, and supplies used in the distribution of these controlled substances. When agents from the Orange County Sherriff’s Office Narcotics Unit conducted a search of Rosado-Figueroa’s apartment, they recovered an additional 73 grams of heroin, additional materials used in the distribution of controlled substances, and a handgun with a loaded magazine. 

This case was investigated by the U.S. Marshals Service, the U.S. Probation Office, the Drug Enforcement Administration, and the Orange County Sheriff’s Office Narcotics Unit. It was prosecuted by Assistant United States Attorneys Dana E. Hill, Embry J. Kidd, and Kara M. Wick.

Orlando, Florida – On January 16, 2019, a federal grand jury returned an indictment charging Andres Fernandez (37, Orlando) with 12 counts of wire fraud. If convicted, Fernandez faces a maximum penalty of 20 years in federal prison for each count. 

According to the indictment, Fernandez orchestrated an investment scheme that defrauded at least 50 victims out of as much as $25 million and solicited individuals to invest in concert events that Fernandez claimed were being produced by his companies – Kadaae Entertainment Corporation and Kadaae LLC. The indictment further alleges that Fernandez told victims that their investment would be used to fund specific concert events from artists including Julio Iglesias and Pitbull, and promised a return on investment of up to 100 percent. Fernandez used fake contracts and other false documents to convince victims that he and his companies were under contract to produce the events. In fact, neither Fernandez nor his companies were involved in most of the events he had solicited to victims. Fernandez used portions of the funds sent by investors for his own personal use and to pay fraudulent “investment returns” to earlier investors.  

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 Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Nathan W. Hill.

Tampa, Florida – On January 11, 2019, U.S. District Judge Elizabeth M. Kovachevich sentenced Eutiquio Mendoza-Nandho (46, Mexico) to 5 years and 10 months in federal prison for conspiring to bring and bringing illegal aliens into the United States. Mendoza-Nandho had pleaded guilty on August 29, 2018.

According to court documents, Mendoza-Nandho was the organizer and leader of a Mexican smuggling organization. He worked with his son, Leonel Mendoza-Yerbafria, and family member, Juan Nopal-Nopal, to smuggle at least 78 illegal aliens—many of whom had been previously deported—from Mexico into Texas. They then transferred the aliens to destinations across the United States, including into the Middle District of Florida. The court found that the conditions of the trip, which involved multiple days of walking across the desert in dangerous conditions and without sufficient food or water, put the aliens at substantial risk of injury or death.

According to James C. Spero, the Special Agent in Charge of Homeland Security Investigations (HSI), “HSI remains steadfast in our commitment to aggressively pursue members of transnational criminal organizations that exploit and endanger people they smuggle into this country. These smugglers were motivated by greed in complete disregard for the safety of those they were smuggling. HSI will continue to work with our law enforcement partners, such as Border Patrol, to maintain the integrity of our border and the nation’s immigration laws.”

Tampa Border Patrol Agent in Charge Glenn Lendel stated, “This successful prosecution highlights Border Patrol’s dedication to combatting transnational criminal networks that smuggle aliens into the United States. In close collaboration with our local, state, and federal partners, Border Patrol leverages all available resources to target and dismantle these organizations that threaten border communities.”

This case was investigated by HSI and the United States Border Patrol. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.

Jacksonville, Florida – On January 8, 2019, United States District Judge Marcia Morales Howard ordered Craig Harry Lipinski (50, Jacksonville) to pay a total of $12,000 in restitution to two victims depicted in images and videos found in Lipinski’s collection of child pornography.

On January 30, 2018, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and other law enforcement officers executed a search warrant at Lipinski’s home and arrested him. A search of Lipinski’s computer media revealed hundreds of videos and thousands of images that depicted children being sexually abused. Lipinski had downloaded these materials using the internet. 

On June 5, 2018, Lipinski pleaded guilty to receiving child pornography over the internet. On November 19, 2018, he was sentenced to eight years and one month in federal prison followed by seven years of supervised release. 

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations 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.

Jacksonville, Florida – On January 24, 2019, U.S. District Judge Henry Lee Adams, Jr. sentenced Ronald Johnson (32, Jacksonville) to life in federal prison for his actions leading to the overdose death of a 23-year old woman. On October 4, 2018, a federal jury found Johnson guilty of distributing a substance containing fentanyl and methoxyacetyl fentanyl that resulted in death, carrying a firearm in furtherance of his drug trafficking crime, and possessing a firearm as a convicted felon.         

According to court documents and evidence submitted during the trial, on September 14, 2017, around midnight, the victim met with Johnson and purchased what she believed to be heroin. She contacted Johnson again around 5:00 p.m. the next day and met him at his apartment where she purchased what she believed to be heroin. Johnson sold her fentanyl. The victim went home early in the morning on September 16, 2017, and in the early afternoon was found dead in the bathroom, with a needle next to her. According to the medical examiner, the victim overdosed and died due to the fentanyl and methoxyacetyl fentanyl in her body.

“This verdict and sentence is an example of justice in the face of an epidemic that plagues our community,” said State Attorney Melissa Nelson. “We will continue to work with the U.S. Attorney’s Office and other law enforcement partners to aggressively prosecute these opioid-fueled overdose deaths.”

This case was investigated by the Jacksonville Sheriff’s Office and the State Attorney’s Office for the Fourth Judicial Circuit. It was prosecuted by Assistant United States Attorney Julie Hackenberry.

Orlando, Florida – On January 4, 2019, United States Attorney Maria Chapa Lopez announced that Lendardra Griffin (29, Grand Island, FL) pleaded guilty to two counts of unauthorized access device fraud, for her role in a credit card fraud scheme. Griffin faces a maximum penalty of 10 years in federal prison for each count.

According to the plea agreement, Griffin participated in a scheme to obtain credit cards by using stolen personal identifying information (“PII”) and then using the fraudulently obtained credit cards to obtain cash, gift cards, and retail items.  Griffin, and the individuals that she aided and abetted, obtained PII from victims, obtained credit cards in those victims’ names or linked to the victims’ accounts, and then used those credit cards to obtain money and items of value at various banks and retail stores. Griffin’s conduct, and the conduct she aided and abetted, is estimated to have resulted in a total loss of at least $478,000. The investigation and prosecution of others involved in this credit card fraud scheme continues.

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

Orlando, Florida – On January 8, 2019, a federal jury found John Craig Myrick (67, Groveland) guilty of forcible assault of a federal officer causing bodily injury. Myrick faces a maximum penalty of 20 years in federal prison. His sentencing hearing is set for April 10, 2019.            

According to testimony and evidence presented at trial, on August 11, 2018, Myrick arrived at the Orlando International Airport from Bogota, Colombia. While passing through the screening area, a U.S. Customs and Border Protection officer (CBPO) directed Myrick to the baggage control seating area. While in the seating area, Myrick moved towards another CBPO. The CBPO with whom he had a brief interaction attempted to control Myrick by grabbing Myrick’s arm. Myrick resisted, fell on top of the CBPO, and began punching the officer in the back of the head several times. The CBPO suffered a fractured ankle in the process.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Customs and Border Protection. It is being prosecuted by Special Assistant United States Attorney Brandon Bayliss, on assignment from the Office of Principal Legal Advisor, ICE, and Assistant United States Attorney E. Jackson Boggs.

Jacksonville, FL - On January 16, 2019, a federal jury found Trumaine “Lucky” Muller (34, Orange Park) guilty of one count of distributing fentanyl that resulted in the overdose death of an 18-year-old woman, one count of distribution of heroin and furanylfentanyl, one count of possessing with the intent to distribute cocaine and furanylfentanyl, and one count of possessing a firearm as a convicted felon. Muller faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for May 6, 2019.

According to evidence presented at trial, on November 9, 2016, at approximately 10:30 pm, Tyler Hamilton, Christopher Williams, and an 18-year-old female with the initials A.B. traveled together to the Cedar Bend apartments in Orange Park, Florida to buy $40 worth of heroin from Muller, a local dealer. Muller was a regular dealer for Williams. Hamilton provided the bulk of the money for the drug transaction. After leaving Muller’s apartment with what they believed to be heroin (which was actually fentanyl), Williams drove to Hamilton’s house.  Hamilton went inside, shot up about half of the purchased fentanyl, and overdosed.  Hamilton survived. 

When paramedics responded to Hamilton’s house, Williams and A.B. drove a short distance to Williams’s house.  While at Williams’ house, Williams and A.B. split the remaining $20 of the fentanyl (believing it to be heroin).  Williams went into his bathroom, shot up the fentanyl, and passed out. He awoke a short time later when Hamilton called Williams asking him to go to his house to pick him up. When Williams left his house, A.B. was conscious and alert.  When Williams and Hamilton returned around midnight, A.B. was asleep on Williams’s sofa. 

At 1:32 am on November 10, 2016, Hamilton began searching online to search for signs of an overdose and how to place someone in the “recovery position” (such that they do not asphyxiate in case of vomiting). During the 3:00 am hour, A.B.’s breathing became more labored and she began to aspirate in her sleep. At 4:13 am, Williams and Hamilton called 911. At 4:45 am, after paramedics had responded, A.B. was pronounced dead.

Clay County homicide and narcotics detectives responded to the scene and obtained information that indicated that Muller had distributed the fentanyl. Detectives located Muller, who was then a passenger in a stolen rental vehicle on Blanding Boulevard in Orange Park. The detectives watched Muller engage in a suspected drug transaction in a parking lot in Orange Park, and stopped that vehicle a short time later.  Inside the car, the detectives found $1,942 in a purse and foil packets used to distribute opiates. The detectives also found cellphone that was later identified as the phone that Hamilton had used on November 9, 2016, to set up the fentanyl deal.

After a follow-up investigation, on February 8, 2017, the Clay County Sheriff’s Office executed a search warrant at Muller’s apartment and recovered distribution amounts of heroin, cocaine, and a loaded .38 caliber Smith and Wesson revolver. At time, Muller had a prior felony conviction and was therefore prohibited from possessing a firearm or ammunition.

Williams (33) and Hamilton (28) previously pleaded guilty to manslaughter in state court. 

This case was investigated by the Clay County Sheriff’s Office and the State Attorney’s Office for the Fourth Judicial Circuit. It was prosecuted by Assistant United States Attorney Tysen Duva.

Tampa, Florida – On January 11, 2019, United States Attorney Maria Chapa Lopez announced that a federal jury had found Mirza Afzal Hussain (55, Brandon) guilty of coercion and enticement of a minor, document fraud, and aggravated identity theft. Hussain faces a maximum penalty of life in federal prison for the enticement conviction, a maximum of 15 years’ imprisonment for the document fraud conviction, and a mandatory, consecutive two-year term of imprisonment for the aggravated identity theft conviction. Hussain’s sentencing hearing is scheduled for April 11, 2019.

According to evidence presented at trial, Hussain agreed to house his sister and her family, including two minor daughters, when the relatives legally immigrated to the United States from Bangladesh in 2010. Hussain’s relatives were culturally and socially isolated, did not have employment, lacked transportation, and spoke very little English. During their stay at his house, Hussain developed a romantic and sexual interest in his 12-year old niece. He bought the child tight, American styled-clothing, romantic jewelry, and cellphones. He also sexually battered his niece and started living with her openly as if she were his spouse—in front of her family and his wife.

Hussain’s wife left him, and, in early 2012, the relatives (including his 12-year-old niece), also moved out of his home. For several years, Hussain continued to contact his niece. He signed her out of school, lingered outside her new residence, and continued to contact her by phone frequently. Hussain sent numerous sexually explicit text messages to his niece—professing his love for her and his intention to marry her, discussing sex with her, soliciting naked photographs from her, and asking her to masturbate for him. He also manipulated her into falsifying reports claiming her parents were abusing her.

In November 2012, Hussain traveled to Bangladesh and obtained a false birth certificate that changed his niece’s birthdate, making her appear to be three years older. He returned to the United States and used that birth certificate to fraudulently obtain a new Legal Permanent Resident Card reflecting her new birth year. Hussain then showed up at his niece’s home and tried to take her away from her parents—presenting the Legal Permanent Resident Card as proof that she was an adult.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Frank Murray and Mandy Riedel. Assistant United States Attorneys Jennifer Peresie and Rachel Jones assisted in the prosecution.  

Jacksonville, FL – United States Attorney Maria Chapa Lopez announced today that East Coast Stepping Stones, Inc. (“ECSS”) has paid the United States $360,000 to resolve a False Claims Act allegation that it submitted false claims to the TRICARE program for therapy services for children with autism. ECSS is a Jacksonville-based provider of intensive behavioral treatment to children with autism, known as Applied Behavioral Analysis (“ABA”) therapy. TRICARE is the federal health insurance program for active and retired military members and their families.

The settlement announced today resolves allegations that ECSS billed TRICARE for ABA therapy services for children with autism that misrepresented the services provided and who had provided them. ECSS also failed to document services as required, and fabricated and altered medical records. ECSS and its senior leadership— Amantha Massey-McLaughlin, Kevin McLaughlin, and Susan Quinn—have agreed to pay $360,000 in an ability-to-pay settlement.

“Companies that commit to providing intensive behavioral treatment to children with autism, at a pivotal time of that child’s development, should be held accountable for their actions,” said U.S. Attorney Maria Chapa Lopez. “Our Office is committed to protecting federally funded programs that make it possible for children with special needs to receive these vital services.”

“This settlement demonstrates the effectiveness of investigations by the Defense Criminal Investigative Service to protect the integrity of DoD programs by rooting out fraud, waste, and abuse that diverts and wastes precious American taxpayer dollars intended for our Warfighters and their families" said Special Agent in Charge John F. Khin, Southeast Field Office.

This case was handled by Assistant United States Attorney Shea Gibbons, the U.S. Department of Health and Human Services Office of Inspector General, and the Defense Criminal Investigative Service. 

The litigation and settlement of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).

The claims resolved by this settlement are allegations only, and there has been no determination of liability.

Tampa, Florida – On January 16, 2019, Christabelle Crews (36, Tampa) pleaded guilty to theft of government funds. Crews faces a maximum penalty of 10 years in federal prison. Her sentencing date has not yet been scheduled.

According to the facts presented at the plea hearing, Crews was involved in a scheme to deposit U.S. income tax refunds checks that the IRS had issued as the result of income tax returns fraudulently filed in the names of victim-taxpayers. Evidence showed that Crews had deposited a number of third-party tax refund checks with forged signatures of the victims, into a SunTrust bank account that she controlled between December 2012 and May 2013. The scheme resulted in the transmission of more than $56,000 in fraudulent income tax refund checks.

This case was investigated by the Internal Revenue Service-Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

Ocala, FL – U.S. District Judge Roy B. Dalton, Jr. has sentenced Juan Pablo Malagon-Alvarez (41, Ocala) to 11 years and 4 months in federal prison for conspiracy to possess with the intent to distribute one kilogram or more of heroin and for possessing with the intent to distribute heroin. The court also sentenced Jose Lucio Mendoza Servin (36, Ocala) and Aurelio Gomez-Andrade (41, Ocala) to 10 years in federal prison each for their roles in the conspiracy. The court also sentenced each to 5 years of supervised release following their prison sentences, unless they are deported after release from prison. 

On August 24, 2018, Malagon-Alvarez, Mendoza Servin, and Gomez-Andrade were found guilty following a federal jury trial in Ocala.  

According to testimony and other evidence presented at trial, between June 2015 and December 14, 2017, Malagon-Alvarez distributed multiple ounces of heroin on a weekly or bi-monthly basis to two Ocala drug dealers. During several of these transactions, Mendoza Servin and Gomez-Andrade assisted Malagon-Alvarez. The drug deals typically occurred on horse farms in Ocala. One cooperating witness obtained 49 grams of heroin from Malagon-Alvarez on June 16, 2017.      

The case was investigated by the Gainesville resident office of the Drug Enforcement Administration, with assistance from the Ocala Police Department, the Marion County Sheriff’s Office, and the Marion County Unified Drug Enforcement Strike Team. It was prosecuted by Assistant United States Attorney Dale Campion.

Tampa, Florida– United States Attorney Maria Chapa Lopez announces that Tammy Marie Steffen, (36, Holiday) has pleaded guilty to one count of cyberstalking and one count of sending threatening communications online. Steffen faces a maximum penalty of five years in federal prison for each count. A sentencing hearing has not yet been set.

According to the

plea agreement , from at least August 2016 and continuing through July 2018, Steffen engaged in a course of conduct with the intent to harass or intimidate six victims. She cyberstalked, harassed, and threatened several of her former colleagues and associates through repeated emails, phone calls, text messages, and social media messages, from numerous phone numbers and accounts. To date, the FBI has identified at least 369 Instagram accounts and 18 email accounts that Steffen created and used to cyberstalk, harass, and threaten her victims.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Rachel K. Jones and Lisa M. Thelwell.

Fort Myers, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Kenneth R. Jackson, Jr. (42, Lehigh Acres) guilty of five counts of identity theft, five counts of conversion of government property, five counts of aggravated identity theft, one count of passing a forged treasury check, and one count of access device fraud. He faces a maximum penalty of 5 years in federal prison for each count of identity theft, up to 10 years’ imprisonment on each count of converting government property and for passing a forged treasury check, up to 15 years in federal prison for the access device fraud count and a minimum mandatory term of 2 years for the aggravated identity theft charges. His sentencing hearing is scheduled for April 1, 2019.  

According to testimony and evidence presented at the five-day trial, Jackson operated a business that allowed him access to credit reports. He used his business to unlawfully obtain credit reports on his victims and opened fraudulent bank accounts online in their names. Jackson then deposited stolen U.S. Treasury tax refund checks in their accounts totaling approximately $115,000. He used associates to launder the money or he withdrew cash from ATMs at the banks.

This case was investigated by the Internal Revenue Service Criminal Investigation and the U.S. Secret Service. It is being prosecuted by Assistant United States Attorney Jeffrey F. Michelland.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Kyle Dale Ritsema (36, Land O’ Lakes) today pleaded guilty to producing, distributing, and possessing child pornography. Ritsema faces a minimum mandatory of 15 years, and up to 30 years, for producing child pornography, a minimum mandatory term of 5 years, and up to 20 years, in federal prison for each of the two child pornography distribution charges, and a maximum penalty of 10 years’ imprisonment for the possession charge. In total, Ritsema faces up to 80 years in federal prison. A sentencing date has not yet been set.

According to

court documents , starting at least as early as November 2014 until his arrest in February 2018, Ritsema enticed a 14-year-old child on the internet application “Grindr.” Ritsema knew that the boy was a minor during the time when they were in contact. Ritsema met the child in person and had sex with him on at least five occasions over the course of approximately one year. On one such occasion, Ritsema had sex with the child and used his smartphone to take several explicit photos of the child. That same day, Ritsema shared graphic details of that encounter and transmitted the explicit photos to multiple other individuals.

Beginning in March 2017, and continuing until his arrest in this case, Ritsema had been an Assistant Principal (Vice Principal) at Cypress Creek Middle High School in Pasco County. Before holding that position, Ritsema was the Assistant Principal at Pine View Middle School (appointed in July 2015), an Assistant Principal Administrative Intern at River Ridge Middle School (appointed in January 2015), and a math teacher and math coach at Paul R. Smith Middle School, Gulf Highland Elementary School, and Seven Springs Middle School (beginning in 2006).

This investigation has revealed that there may be multiple child victims as well as a public health concern. Any person who had unprotected sexual contact with Ritsema, or any person who was, or knows of someone who may have been, a possible child victim is urged to contact Homeland Security Investigations at 1-866-DHS-2ICE or http://www.ice.gov/webform/hsi-tip-form.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations with assistance from the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Frank Murray.

Tampa, FL – U.S. District Judge James D. Whittemore has sentenced Carlos Arturo Cuerro Borja (51), a Colombian national, to 18 years in federal prison, for his role in an international maritime cocaine trafficking conspiracy. In August 2018, a federal jury found him guilty of  one count of conspiracy to distribute and to possess with the intent to distribute five kilograms or more of cocaine while onboard a vessel subject to the jurisdiction of the United States, and one count of possession with the intent to distribute five kilograms or more of cocaine on that vessel.

According to evidence presented at trial, Cuerro Borja was part of an international maritime drug smuggling operation involving approximately 240 kilograms of cocaine bound for the United States. Cuerro Borja was the load guard for an Ecuador-based cocaine smuggling crew. While in international waters, hundreds of miles off the coast of Mexico, Cuerro Borja and his crew offloaded eight bales of cocaine to a Sinaloa, Mexico-based smuggling go-fast vessel. They then joined the Mexican crew for the run to Sinaloa, after scuttling their vessel in the Pacific Ocean.

On October 10, 2017, a U.S. Navy maritime patrol aircraft spotted the go-fast vessel speeding towards Mexico. The U.S. Coast Guard Cutter ASPEN and its crew launched two over-the-horizon boats to catch the go-fast smuggling vessel crewed by Cuerro Borja and his five co-conspirators. The ASPEN crew seized cartel cocaine smuggling equipment and approximately 102 kilograms of jettisoned cocaine.

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 U.S. Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and 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 case was prosecuted by Assistant United States Attorney Thomas Palermo and Special Assistant United States Attorney Nicholas DeRenzo.

Fort Myers, FL – United States Attorney Maria Chapa Lopez announces that Compu-Link Corporation (Celink) has agreed to a civil settlement that will pay $4.25 million to the United States to resolve allegations that it violated the False Claims Act in connection with its participation in a federally insured Home Equity Conversion Mortgage (HECM) or “reverse mortgage” program.

Through reverse mortgage loans, older people are able to access the equity in their homes by borrowing money against the equity they have built in their homes. Reverse mortgages insured by the federal government are called Home Equity Conversion Mortgages (“HECMs”), and are only available through a Federal Housing Administration (“FHA”)-approved lender.

To encourage reverse mortgage loans, the FHA protects lenders from loss by providing mortgage insurance. Under FHA’s program, a loan becomes due and payable when the home is sold or vacant for more than 12 months, or upon the death of the homeowner, whichever comes first. The lender is then repaid the amount of the loan, including the costs of servicing the loan and any interest that accrues on lender expenses after a loan becomes due and payable. FHA will reimburse a lender that is unable to recoup the full amount of the loan. In order to claim recoupment, the servicer is required to meet a number of regulatory requirements and deadlines. 

Celink is a Michigan corporation in the business of servicing HECM loans nationwide on behalf of reverse mortgage loan owners. The United States alleged that Celink obtained insurance payments for interest from FHA despite failing to disclose on the insurance claim forms that the mortgagee was not eligible for such interest payments because it had failed to meet deadlines relating to obtaining an appraisal of the property, commencing foreclosure proceedings, and/or exercising reasonable diligence in prosecuting the foreclosure proceedings to completion. As a result, between November 1, 2011, and May 1, 2016, the mortgagees on the relevant reverse mortgage loans serviced by Celink allegedly obtained additional interest that they were not entitled to receive.

“This settlement represents our office’s continued commitment to protecting the financial solvency of vital financial programs designed to benefit America’s seniors,” said United States Attorney Chapa Lopez. “HECM servicers must be held accountable for failing to adhere to FHA requirements that are designed to ensure the continued viability of the HECM program. We are pleased that Celink cooperated with the investigation and agreed to accept financial responsibility for these failures.”

“This investigation and settlement should serve as a stark reminder of our ongoing efforts to ensure that our mortgage industry partners adhere to mutually agreed upon program rules and business practices which help mitigate financial risk associated with FHA programs,” said Wyatt Achord, Acting Special Agent in Charge, U.S. Department of Housing and Urban Development, Office of Inspector General. “It is our mission to rigorously pursue cases such as this one to protect the integrity of federal housing programs designed to assist homeownership.” 

This investigation is another example of the United States Attorney’s Office’s efforts to combat fraud in the reverse mortgage industry. In September of 2015, the Middle District of Florida, in conjunction with the Department of Justice, announced a $29.63 million settlement with Reverse Mortgage Solutions, a subsidiary of the Tampa based Walter Investment Management Corporation, to resolve allegations relating to its failure to adhere to FHA regulations in servicing HECM loans. Similarly, in May 2017, an $89 million settlement was reached with Financial Freedom relating to HECM servicing violations.

The investigation was handled by Assistant U.S. Attorney Kyle S. Cohen, with assistance from the United States Department of Housing and Urban Development Office of Inspector General.

The claims resolved by the settlement are allegations only, and there has been no determination of liability. 

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Frank Miles, III (32, Rockledge) to 30 years in federal prison for attempting to entice a minor to engage in sexual activity and for possessing child pornography. The court also ordered Miles to forfeit the electronic devices he had used to commit the offenses, and to pay a $5,000 special assessment.

Miles had pleaded guilty on September 25, 2018.

According to court documents, Miles transported to his online storage accounts at least 69 videos depicting the sexual abuse of children under the age of 12.  State law enforcement officers arrested Miles and charged him with possession of child pornography.

While his state case was pending, Miles continued to sexually exploit children, creating a profile on a location-based teen social networking site, and posing as a 17-year-old high school student. There, Miles met someone whom he believed to be a 14-year-old, and arranged to meet her for sex. Unbeknownst to Miles, the 14-year-old was actually a law enforcement officer acting in an undercover capacity.

Miles arranged to meet the “child” at a convenience store, and officers arrested him when he arrived at the location.

During a search of Miles’s phone, officers discovered that Miles, while posing as the teenage high school student, had developed an online relationship with an actual minor. Miles had persuaded the minor to engage in sexual activity and to send him illicit photographs.

“This predator thought he was going to meet a child for sex, but instead he was arrested by undercover law enforcement,” said HSI Tampa SAC James C. Spero. “This significant sentencing brings closure to the investigation by HSI special agents and our Brevard County Sheriff’s Office partners.”

 “This case is another example of our successful partnership with HSI and the U.S. Attorney’s Office taking a very dangerous sexual predator out of the community and putting him behind bars, where he can never harm a child again,” stated Brevard County Sheriff Wayne Ivey.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Karen L. Gable.

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 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.