Middle District of Florida
Press releases recorded for this federal judicial district.
Hillsborough Community College Professor Arrested and Charged with Possession and Distribution of Child PornographyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces today that Howard Joseph Vorder Bruegge, III (35, Tampa) has been arrested and charged by federal criminal complaint with possession and distribution of child pornography. Vorder Bruegge faces a mandatory minimum penalty of five years, and up to 20 years, in federal prison for the distribution charge, and a maximum penalty of 20 years’ imprisonment for the possession charge. A federal judge has denied Vorder Bruegge’s request for bail and ordered him detained pending trial. Vorder Bruegge is a mathematics professor at Hillsborough Community College.
According to the
complaint , an individual using the screen names “JoeBlow73” and “JoeBlowFL” had distributed child pornography on Kik Messenger, an internet-based communications app. Further investigation revealed that the IP address and subscriber information associated with those Kik accounts were linked to Vorder Bruegge and his Tampa residence.On October 23, 2018, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a search warrant at Vorder Bruegge’s home and seized several electronic devices. According to the complaint, during an interview with agents, Vorder Bruegge admitted to having distributed child pornography and that his cellphone contained images of child pornography. An examination of Vorder Bruegge’s cellphone revealed a collection of child-pornographic images and videos, including multiple videos involving infants. Federal agents arrested Vorder Bruegge at his home without incident.
A criminal complaint is only an allegation and every defendant is presumed innocent until proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Frank Murray.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Criminal Defense Attorney and Two Others Sentenced for Ill-Fated Drug Informant SchemeRead the Press Release
Tampa, FL – U.S. District Judge Elizabeth A. Kovachevich has sentenced Steven Paul Burch (43, Cape Coral), a criminal defense attorney, to 30 months’ imprisonment for conspiring to distribute heroin. The Court also ordered Burch to forfeit his license to practice law. Burch pleaded guilty in August 2018. On October 18, 2018, the Florida Supreme Court permanently disbarred him.
According to court documents, in August 2015, Burch was arrested in Sarasota County for driving under the influence of alcohol and causing property damage. In an effort to reduce his charges and avoid punishment from the Florida Bar, Burch recruited co-defendant and client, Herbert Battle, to send packages of drugs through the mail that Burch could then report to law enforcement as a form of cooperation. In late-December 2015, Burch had a meeting at his law office with Herbert and his wife, Qualonda Battle. Unbeknownst to Burch and Herbert Battle, Qualonda Battle had recorded the conversation. In the recording, Burch discusses how the packages were going to be sent, where they were going to go, and how the conspirators would get away with it.
In March 2016, Battle shipped an ounce of heroin from California to Sarasota County. Battle sent the tracking number to his wife who, using a disposable phone, texted the tracking number to Burch, who then forwarded the tracking number to law enforcement. The package was intercepted at the FedEx warehouse in Bradenton, where a search of the package revealed an ounce of heroin that had been concealed in a bag of beef jerky.
Herbert and Qualonda Battle previously pleaded guilty to conspiracy. Herbert Battle was sentenced to 33 months’ imprisonment and Qualonda Battle was sentenced to five years’ probation.
This case was investigated by the FBI, with assistance from the Sarasota County Sheriff’s Office, the Drug Enforcement Administration, the Manatee County Sheriff’s Office, the State Attorney’s Office (12th Judicial Circuit), and the Florida Bar Association. It was prosecuted by Assistant United States Attorneys Dan Baeza and Diego Novaes.
Cape Coral Man Sentenced to More Than 11 Years for Posting Child Pornography on the InternetRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Dillon Shutt (26, Cape Coral) to 11 years and 3 months in federal prison for distributing and possessing child pornography. Shutt had pleaded guilty on August 8, 2017.
According to court documents, Shutt used the KIK messenger app to convince an 11-year-old girl to send him images and videos of herself masturbating. Shutt then posted those images to a website, used the victim’s name to describe the images, and advertised the link on a social media site. In addition, Shutt possessed a total of 498 images and 36 videos on his cellphone depicting minors, as young as toddlers, being sexually abused.
This case was investigated by the FBI with assistance from the FBI’s Child Exploitation Task Force. It was prosecuted by Assistant United States Attorney Charles D. Schmitz.
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.
Marion County Convicted Felon Pleads Guilty to Federal Firearms OffenseRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces that Willie Iva Jennings (35, Reddick) today pleaded guilty to possessing a firearm as a convicted felon. Jennings faces a minimum mandatory penalty of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on July 15, 2018, law enforcement officers discovered Jennings behind the wheel of a recently stolen vehicle. Investigators had been led to the location using the car’s global positioning system. Jennings, the sole occupant of the car, did not have a valid Florida driver license.
While taking Jennings into custody, investigators found a loaded semi-automatic firearm in his pocket. Jennings, a convicted felon who is prohibited from possessing firearms under federal law, admitted that the firearm belonged to him. In addition, Jennings’s criminal history, including at least three felony convictions for the sale of cocaine and a separate felony conviction for resisting an officer with violence, qualifies him for enhanced sentencing as an Armed Career Criminal.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ocala Police Department, and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Jacksonville Man Sentenced to Ten Years for Aggravated Sexual Abuse by Force on Cruise ShipRead the Press Release
Jacksonville, FL – U.S. District Judge Brian J. Davis today sentenced Brian James Holland (23, Jacksonville) to 10 years in federal prison for aggravated sexual abuse by force. A federal jury found Holland guilty on July 18, 2018.
According to evidence presented at trial, on February 27, 2018, a passenger with an intellectual disability, onboard the Carnival Cruise Line vessel Elation reported an incident of sexual abuse by force. The victim testified that she had been in the cruise ship’s hot tub when Holland attempted to put his arm around her and she attempted to move further away from him. Holland then tried to put his hand on her shoulder and pull her back towards him. Two passengers that were in the hot tub at the time of the incident corroborated the victim’s claim.
The victim further testified that Holland also had touched her genitals both over and under her bathing suit, digitally penetrating her by force. The victim then left the hot tub and reported the incident to her family, who reported it to ship security. An examination of the victim was by the ship’s medical personnel revealed abrasions on the victim’s genitals consistent with digital penetration by force.
This case was investigated by the Federal Bureau of Investigation. Carnival Cruise Line’s Security Department also provided assistance during the case. It was prosecuted by Assistant United States Attorneys Ashley Washington and Jay Taylor.
Eye Centers of Florida Agrees to Pay $525,000 to Settle False Claims Act Liability for Medically Unnecessary Cataract SurgeriesRead the Press Release
Fort Myers, FL – United States Attorney Maria Chapa Lopez announces today that Eye Centers of Florida has agreed to pay the United States $525,000 to resolve allegations that it violated the False Claims Act by knowingly falsifying medical records in order to bill for cataract surgeries on patients that would not have otherwise qualified for the surgery.
Founded in 1971, Eye Centers of Florida is an ophthalmology practice owned by David C. Brown, M.D. Eye Centers of Florida currently has 11 office locations throughout southwest Florida, with the main clinic located in Fort Myers.
The term “visual acuity” refers to the sharpness or clarity of vision. An individual’s visual acuity is generally measured using vision-testing charts to determine the person’s ability to distinguish letters or other images of various sizes at a fixed distance. “Normal” vision is 20/20. Generally, Medicare will consider a cataract surgery medically necessary and reasonable if, among other things, a patient has a visual acuity worse than 20/40 with impairment of ability to carry out needed or desired activities.
According to the settlement agreement it was the United States contention that, from January 1, 2012, through March 1, 2014, employees of Eye Centers of Florida knowingly falsified the medical records of certain Medicare Advantica patients that were referred to Dr. Brown for a cataract surgery evaluation in order to make it appear that the patients had a worse visual acuity score than they had actually received. The United States contended that as a result of these practices, Eye Centers of Florida was able to bill for cataract surgeries for patients that would not have otherwise qualified under Medicare guidelines.
“Altering records in order to justify billing for unnecessary invasive medical procedures is a violation of the trust we place in our health care providers and potentially places lives at risk,” said U.S. Attorney Chapa Lopez. “Our Civil Division works tirelessly in the pursuit of providers who fraudulently bill Medicare, or any other federal health care program, for services that are medically unnecessary.”
“Altering results of examination scores to conduct invasive ocular procedures, as alleged, threatens the health of those patients, the public’s faith in the medical profession, and the financial integrity of Medicare and Medicaid,” said Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General. “We will continue to safeguard these taxpayer-funded programs and the beneficiaries who rely on them.”
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by two former employees of Eye Centers of Florida, Patti Nilsson and Joann Smith. Nilsson and Smith sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting a private citizen 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. Nilsson and Smith will receive $115,500 of the proceeds from the settlement with Eye Centers of Florida.
This settlement resulted from an investigation coordinated by Assistant U.S. Attorneys Kyle S. Cohen and David Sullivan, with assistance from the U.S. Department of Health and Human Services Office of Inspector General and the FBI.
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 U.S. ex. rel. Nilsson and Smith v. Eye Centers of Florida, Docket Number 2:13-cv-842-FtM-38CM. 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.
Owner of Jacksonville Tax Return Preparation Firm Sentenced to Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Adrian George (41, Jacksonville) to 15 months in federal prison for conspiring to commit wire fraud and conspiring to aid in the preparation and presentation of fraudulent tax returns to the IRS, as well as five additional counts of aiding in the preparation and presentation of fraudulent tax returns.
George had been found guilty by a federal jury on April 11, 2018.
According to court documents, George was the owner and operator of Professional Tax Service South, LLC, a tax preparation firm in Jacksonville. George taught his employees various ways to include false information in tax returns to ensure that his clients received large tax refunds. Acting at George’s direction, the employees offered to prepare fraudulent or “boosted” returns for clients, in exchange for cash payments from the proceeds of the resulting illegitimate tax refunds. After being in business for less than two years, George and his employees had prepared and filed 748 tax returns for clients, 100% of which requested refunds. According to testimony at trial, typically, only 62% percent of tax returns filed nationwide request refunds. The tax returns prepared and filed by George and his employees requested refunds totaling more than $3.2 million.
This case was investigated by IRS – Criminal Investigation. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
Ocala Man Sentenced for Conspiracy to Commit Wire Fraud and Filing A False Tax ReturnRead the Press Release
Ocala, Florida – U.S. District Judge Roy Dalton, Jr. has sentenced Donald Edward Smith to five years in prison for conspiracy to commit wire fraud and to three years in prison for filing a false federal income tax return, the sentences to be served concurrently. In addition, the Court ordered Smith to pay $3,632,880.95 in restitution to his victims, including $245,753 to the IRS for the federal income tax violation. The Court has also ordered forfeited two pieces of real property and the sales proceeds from a third piece of real property. The Court also entered a forfeiture judgment in the amount of $1,450,000.
According to court documents, from approximately September 2011, through September 2015, Smith conspired to engage in a wire fraud scheme to defraud individuals who were interested in investing in green technology and other projects. Smith promised victims lucrative returns, as well as access to hundreds of millions of dollars in financing, but the funds and/or loans never materialized. Further, Smith knowingly failed to report as income the fraudulent proceeds he received from the investor/victims for the year 2012.
Smith also participated in a separate scheme involving investments in a purported Styrofoam recycling business.
“While our primary responsibility is to ensure the integrity of our nation’s tax system, IRS Criminal Investigation Special Agents are also committed to maintaining the health of our economy by protecting taxpayers from those who might defraud aspiring investors,” stated Acting Special Agent in Charge Andy Tsui. “We will continue to lend our unique financial investigative skills to joint efforts such as this one to bring to justice scofflaws like Mr. Smith. We warn would-be investors to exercise due diligence when selecting an investment and to remember that an opportunity that sounds too good to be true, probably is.”
This case was investigated by the IRS – Criminal Investigation, the FBI, and the Office of Financial Regulation – Bureau of Financial Investigations for the State of Florida. It was prosecuted by Assistant United States Attorneys Frank Talbot and Bonnie Glober.
Jacksonville High School Teacher Arrested and Federally Charged with Distribution of Child Sexual Abuse VideoRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announced today that Jordan Frederic Schemmel (37, Jacksonville) has been arrested and charged by federal criminal complaint with distributing child pornography. Schemmel faces a mandatory minimum penalty of 5 years, and up to 20 years, in federal prison, and a potential life term of supervised release. Schemmel has been detained pending a detention hearing scheduled for October 25, 2018.
According to the
criminal complaint , on September 5, 2018, an individual using the screen name “JS” and the user name “Profsunrise15” responded to a message on an internet bulletin board frequented by individuals with a sexual interest in children. This message had been posted by an undercover FBI agent. The user (“Profsunrise15”), later identified as Jordan Frederic Schemmel, began an online conversation with the undercover FBI agent. After some conversation about sexual interest in children, Profsunrise15 sent the agent a video depicting a prepubescent child being sexually assaulted by an adult male, and later sent a photo depicting similar criminal conduct with a child. Further investigation revealed that the IP address used by Profsunrise15 resolved to Schemmel’s residence in Jacksonville, and that Schemmel was a teacher at Terry Parker High School in Jacksonville.On October 19, 2018, FBI agents and other law enforcement officers executed a federal search warrant at Schemmel’s residence and seized several items of computer media and at least one Apple iPhone. During an interview with law enforcement, Schemmel stated that his Kik user name was Profsunrise15, that he had sent the child-pornographic video using the Kik app, and that he had previously tried unsuccessfully to stop viewing child pornography. An examination of Schemmel’s smart phone and a thumb drive located at his residence revealed that both contained images and videos depicting child pornography and bestiality. Schemmel was placed under arrest.
This case was investigated by the FBI, U.S. Customs and Border Protection, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
Anyone with information regarding this investigation should contact the FBI Jacksonville office at 904-248-7000.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A criminal complaint is only an allegation and every defendant is presumed innocent until proven guilty.
In the Aftermath of Hurricane Michael Department of Justice Reminds the Public to Be Aware of Fraud and Report It to the National Center for Disaster FraudRead the Press Release
The Department of Justice established the National Center for Disaster Fraud (NCDF) in the wake of Hurricane Katrina, when billions of dollars in federal disaster relief poured into the Gulf Coast region, which opened opportunities for criminals to exploit people during vulnerable times. The NCDF, a national coordinating agency within the Department’s Criminal Division, operates a call center at Louisiana State University in Baton Rouge and serves as a centralized clearinghouse for disaster fraud complaints and information relating to both natural and man-made disasters. The NCDF seeks to improve and further the detection, prevention, investigation, and prosecution of fraud related to natural and man-made disasters, and to advocate for victims of such fraud. More than 20 federal, state, and local agencies participate in the NCDF, which allows them to forward on complaints to the appropriate agency for investigation.
“Following Hurricane Michael’s landfall and as recovery efforts continue, it is important for people to be on the lookout for fraudsters who seek to profit from natural disasters through identity theft schemes, impersonation of government officials and solicitations for fake charities,” said Deputy Attorney General Rod Rosenstein. “The Department of Justice is committed to detecting this type of fraud, and we will aggressively prosecute the offenders. Through our National Center for Disaster Fraud, and in conjunction with our law enforcement partners, we are working to keep Americans from becoming victims of these schemes.”
Since Hurricane Michael’s landfall, many people are left without food, water, or shelter, and are experiencing devastating damage to life and property. Unfortunately, there are criminals ready to take advantage of victims before, during, and especially after a natural disaster. They are looking to strike those at their most vulnerable time.
While compassion, assistance, and solidarity are generally prevalent in the aftermath of natural disasters, unscrupulous individuals and organizations also use these tragic events to take advantage of those in need. Examples of illegal activity being reported to the NCDF and law enforcement include:
- Impersonation of federal law enforcement officials;
- Identity theft;
- Fraudulent submission of claims to insurance companies and the federal government;
- Fraudulent activity related to solicitations for donations and charitable giving;
- Fraudulent activity related to individuals and organizations promising high investment returns from profits from recovery and cleanup efforts;
- Price gouging;
- Contractor Fraud;
- Debris removal fraud;
- Theft, looting, and other violent crime
Numerous U.S. Attorney Offices in districts impacted by recent hurricanes have established task forces comprised of local, state and federal agencies in their respective areas to combat disaster fraud.
“The NCDF has an excellent staff of investigators, analysts, call center operators, and managers who are well prepared to handle the anticipated volume of complaints after the recent hurricanes and help ensure that each report of fraud reaches the appropriate investigative agency,” said U.S. Attorney Brandon J. Fremin for the Middle District of Louisiana, who is also the NCDF’s Executive Director. “Raising public awareness is a great way for the NCDF to reach thousands of people who may one day be subjected to fraudulent schemes.”
Members of the public are reminded to apply a critical eye and exercise due diligence before trusting anyone purporting to be working on behalf of disaster victims. They should also exercise the same care before giving contributions to anyone soliciting donations on behalf of disaster victims as well as being extremely cautious before providing personal identifying or financial information to anyone, especially those who may contact you after a natural disaster. Solicitations can originate from e-mails, websites, door-to-door collections, mailings and telephone calls, and similar methods. Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by live operators 24 hours a day, seven days a week. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. Learn more about the NCDF at www.justice.gov/disaster-fraud and watch a public service announcement here. Tips for the public on how to avoid being victimized of fraud are at https://www.justice.gov/opa/pr/tips-avoiding-fraudulent-charitable-contribution-schemes.
Orlando Man Pleads Guilty to Theft of MailRead the Press Release
Orlando, Florida – Carlos Dayquan Rodriguez (23, Orlando) today pleaded guilty to theft of mail. He faces a maximum penalty of five years in federal prison. His sentencing is scheduled for January 4, 2019.
According to court documents, on July 1, 2018, officers from the Orlando Police Department responded to reports that an individual, later identified as Rodriguez, was breaking in to the Neighborhood Delivery Collection Box Units (NDCBU) in an apartment complex. The responding officers apprehended Rodriguez as he was attempting to leave the area. At the time of his arrest, the officers found a wire cutter in Rodriguez’s pocket and stolen mail in his vehicle. Surveillance footage showed Rodriguez breaking into the NDCBU and stealing mail from several boxes.
This case was investigated by the Orlando Police Department and the U.S. Postal Inspection Service. It is being prosecuted by Assistant United States Attorney Kara M. Wick.
Jacksonville Man Sentenced to Five Years in Federal Prison for Firearms OffenseRead the Press Release
Jacksonville, Florida – U.S. District Judge Harvey E. Schlesinger has sentenced Melvin Charles Chapman (63, Jacksonville) to five years in federal prison for possessing firearms as a convicted felon. Chapman had pleaded guilty on April 26, 2018.
According to court documents, on November 16, 2017, the Jacksonville Sheriff’s Office SWAT team executed a search warrant at Chapman’s home in Jacksonville. During the search, nine firearms were found, as well as numerous rounds of ammunition and illegal drugs. At the time, Chapman had multiple felony convictions and therefore was prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Ashley Washington.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Jacksonville Doctor Pleads Guilty to Theft of Government Property for Kickbacks Received for Writing Prescriptions for Compounded MedicationsRead the Press Release
Jacksonville, Florida – U.S. Attorney Maria Chapa Lopez announces that Dr. Felmor Agatep (59, Jacksonville) pleaded guilty today to theft of government property for receiving kickbacks related to a federal health care benefit program. Agatep faces a maximum penalty of 10 years in federal prison.
According to the plea agreement, Agatep, a medical doctor practicing in Jacksonville, wrote prescriptions for expensive compound creams to treat scars and pain, among other things. These creams, which were prescribed largely to TRICARE beneficiaries, costing on average more than $16,000 per cream for a one-month supply. Beginning in late 2014, Agatep was recruited by an individual associated with a marketing group in Jacksonville that recruited largely TRICARE beneficiaries as patients and promoted compounded creams for various pharmacies. Agatep was paid $100 per patient to write prescriptions for compound creams that were filled and billed to TRICARE. Individuals working for the marketing group provided patient names and phone numbers to Agatep. Agatep never saw the patients and knew that writing the prescriptions was not in the ordinary course of medical practice and not medically necessary.
Between December 12, 2014, and January 31, 2015, Agatep wrote 268 prescriptions for compound cream medications for TRICARE beneficiaries, for which TRCIARE was billed approximately $4.4 million.
This case was investigated by the Internal Revenue Service – Criminal Investigation, Defense Criminal Investigative Service, Florida Department of Law Enforcement, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Julie Hackenberry.
Florida Man Convicted of Armed Robbery of 7–11 StoreRead the Press Release
Tampa, Florida – A federal jury has found Joseph Deleon (29, Mount Dora) guilty of robbery and brandishing a firearm during a crime of violence. Deleon faces a maximum penalty of life in federal prison. His sentencing hearing has not yet been scheduled. He was indicted on July 11, 2018.
According to testimony and evidence presented at trial, shortly after midnight on March 15, 2018, in St. Petersburg, Deleon pointed a gun at a cashier at a 7–11 store and demanded the contents from his register. After obtaining approximately $100 and several packages of stamps, Deleon fled the scene.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Petersburg Police Department. It was prosecuted by Assistant U.S. Attorney Gregory T. Nolan.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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.
Convicted Sex Offender Sentenced to 40 Years in Prison for Plot to Bomb Target StoresRead the Press Release
Ocala, Florida – U.S. District Judge Roy B. Dalton today sentenced Mark Charles Barnett (50, Ocala) to 40 years in federal prison for attempted arson, possession of an unregistered National Firearms Act (NFA) destructive device, and making an unregistered NFA destructive device. A federal jury found Barnett guilty on July 27, 2018.
According to testimony and evidence presented at trial, Barnett offered a confidential source (CS) $10,000 to place improvised explosive bombs inside Target stores along the east coast of the United States. Barnett purchased the bomb components and assembled at least 10 of the destructive devices, which he disguised inside the packaging of common grocery items. Barnett had theorized that the company’s stock would plunge after the explosions, allowing him to cheaply acquire shares of Target stock before an eventual rebound in prices. Barnett told the CS, “If someone has to die so that I can make some money, so be it.”
Barnett delivered the devices to the CS with instructions to put them on the shelves of Target stores from New York to Florida. The CS, however, promptly surrendered the destructive devices to authorities, and Barnett was arrested on February 14, 2017.
Federal explosives experts subsequently determined that the resulting fire and explosion from each of the devices would have been capable of causing property damage, serious injury, and death. Searches of Barnett’s house, cellphone, and computer revealed pictures of the grocery items that he had turned into bombs, as well as leftover bomb components and articles describing stock options.
Barnett, a registered sex offender, had been conditionally released from state prison in 2013, following multiple felony convictions for sexual assault, kidnapping, and grand theft. He was also previously convicted of kidnapping in Mississippi.
“As subject matter experts in explosives, this case represents ATF’s urgency in responding to information that someone would be planning a crime that had the potential to harm numerous people in a retail setting. ATF’s proactive response negated this immediate threat,” said ATF Special Agent in Charge, Daryl McCrary. “This collaborative effort between the Florida Department of Law Enforcement, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives highlights the importance of immediate communication sharing between law enforcement agencies to ensure public safety.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, the Marion County Sheriff’s Office, the Florida Department of Corrections - Probation and Parole, and the Ocala Police Department. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Orange County Man Sentenced to Seventeen Years for Receipt of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Wesley Kenneth McVay, (41, Orlando) to 17 years in federal prison for receiving child pornography. McVay, a registered sex offender, was originally charged by criminal complaint on March 2, 2018, after a search warrant was conducted at his home. He pleaded guilty on June 19, 2018.
According to court documents and evidence presented at the sentencing hearing, McVay came to the attention of law enforcement after he distributed child pornography to an undercover law enforcement officer using a file-sharing program. McVay’s child pornography collection included 44 images and 38 videos. Many of these images depicted the sexual abuse of children under the age of 12.
“Wesley Kenneth McVay will be incarcerated for 17 years for his horrific acts. This case exemplifies HSI’s ability to coordinate and pursue investigative efforts with our state law enforcement partners,” said James Spero, special agent in charge of HSI Tampa. “Homeland Security Investigations is committed to bringing to justice those who sexually exploit children.”
“FDLE’s dedicated agents are committed to working with our federal partners to keep our community safe,” said FDLE Orlando Special Agent in Charge Danny Banks. “We will continue to arrest those who take advantage of our children in appalling ways, robbing them of their innocent nature.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orlando Armed Career Criminal Sentenced to 17 Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Courtney Rashon Johnson (43, Orlando) to 17 years in federal prison for possessing a firearm as a convicted felon. Due to his prior multiple felony convictions, he qualified for an increased penalty under the Armed Career Criminal Act. The court also ordered Johnson to forfeit the .38-caliber revolver and ammunition used during the offense.
A federal jury had convicted Johnson on July 24, 2018.
According to testimony presented at trial, Johnson was carrying a firearm and fleeing from a scene where gunshots had been fired, when he encountered multiple detectives from the Orlando Police Department. When the detectives ordered him to drop to the ground, Johnson complied, tossing aside a .38-caliber revolver that he had been carrying. At the time, Johnson had multiple prior felony convictions and, therefore was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Orlando Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Former Theme Park Employee Sentenced to More Than 14 Years for Child Pornography OffensesRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced William Earl Barrett (28, Clermont) to 14 years and 6 months in federal prison for distributing and possessing child pornography. The court also ordered Barrett to forfeit the electronic devices he used during the course of the offense. Barrett pleaded guilty on July 5, 2018.
According to court documents, Barrett distributed child pornography to an individual who had sexually exploited two children in New York. During the investigation, agents found numerous videos and images of child pornography, including images depicting the two children, on Barrett’s electronic devices. Agents also located evidence that Barrett himself was in communication with at least one of the child victims. At the time of his offense conduct, Barrett was employed at a theme park in Orlando.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Florida Man Sentenced to More Than Thirteen Years in Federal Prison for Walgreens RobberyRead the Press Release
Orlando, FL –U.S. District Judge Carlos E. Mendoza has sentenced Sly Shaneil De Los Santos (23, Sanford) to 13 years and 1 month in federal prison for robbery. De Los Santos had pleaded guilty on July 26, 2018. His codefendants, Windesthon Junior Pierre (22, Winter Garden) and Stephon Tevonta Johnson (22, Kissimmee), were previously sentenced to 12 years and 3 months’ imprisonment and 11 years and 9 months’ imprisonment, respectively, for the same offense.
According to court documents, on September 21, 2017, Pierre, Johnson, and De Los Santos robbed a Walgreens store in Orlando. During the robbery, the men wore Halloween masks and latex gloves, and carried firearms. They corralled the store employees in an office and demanded that they open two safes. They then attempted to gain access to the pharmacy by firing a gun into the pharmacy door, but were unsuccessful.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Alejandro J. Salicrup.
Eight Members of Violent Robbery Organization Convicted of Conducting Multiple Robberies Throughout the Middle District of FloridaRead the Press Release
Tampa, Florida– United States Attorney Maria Chapa Lopez announces that a federal jury has found Shamar Lajuan Thomas, a/k/a “Baby,” (26, Clearwater) guilty of conspiracy to commit robbery, robbery, and using or carrying a firearm in furtherance of a violent crime. Thomas faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for February 1, 2019. Thomas was the last member of a Polk County-based criminal organization to be convicted of conducting armed robberies of other drug dealers. He was indicted on April 10, 2018.
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 robberies and burglaries, 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 coconspirators.
In June 2016, Thomas and his coconspirator, Fredrick James Burney, Jr. a/k/a “Frido,” forced their way inside a home in Lakeland in search of narcotics and cash. While inside, they held a male victim at gunpoint, and shot at a female victim. Thomas physically attacked the woman and repeatedly hit her in the head with his firearm, causing her to bleed profusely. Thomas and his Burney stole cash and a firearm from the victims.
Seven others have pleaded guilty, and each faces a maximum penalty of life imprisonment, as noted below:
Name
Age, Residence
Status
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 penalty of 35 years in federal prison, and up to life imprisonment.
Sentencing scheduled for November 15, 2018.
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.
Faces a minimum mandatory penalty of 20 years in federal prison, and up life imprisonment.
Sentencing scheduled for October 17, 2018.
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 penalty of 32 years in federal prison, and up to life imprisonment.
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 penalty of 35 years in federal prison, and up to life imprisonment.
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.
Faces a minimum mandatory penalty of 35 years in federal prison, and up to life imprisonment.
Sentencing scheduled for January 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 penalty of 35 years in federal prison, up to life imprisonment.
Sentencing scheduled for January 11, 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 penalty of 35 years in federal prison, and up to life imprisonment.
Sentencing scheduled for January 11, 2019.
Shamar Lajuan Thomas was tried by Assistant United States Attorneys Lisa M. Thelwell and James Muench. This case was investigated by the FBI. It is being prosecuted by Assistant United States Attorney Lisa M. Thelwell.
Maryland Convicted Sex Offender Sentenced to 35 Years for Committing Another Sex OffenseRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced William Patrick King (36) to 35 years in federal prison for attempted production of child pornography. King had pleaded guilty on February 22, 2018.
According to court documents, King met a 17-year-old girl from Tampa on a teen dating website. He falsely told her that he was 18 years old, when in fact he was then 34 years old. King communicated with the teen using Facebook, Skype, and by phone and text messages. He asked her to produce and send him explicit photos and engaged in nude video chats with her.
King has two prior sex offense convictions in Maryland that involved children.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
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 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.
Fort Myers Durable Medical Equipment Providers Sentenced to Prison for Payment of Illegal KickbacksRead the Press Release
Fort Myers, FL – U.S. District Court Judge John E. Steele has sentenced Ryan Williamson (50, Fort Myers) and William Pierce (50, Virginia) to one year in prison, and nine months’ imprisonment, respectively, for conspiring to pay unlawful kickbacks to a local doctor for referring patients to A&G Spinal Solutions, LLC (“A&G Spinal”) – the defendants’ durable medical equipment company. As part of their sentences, the Court also entered money judgments against Williamson in the amount of $1,593,564.54, and against Pierce in the amount of $803,007.25, the proceeds of the conspiracy. Both men had previously pleaded guilty.
According to the plea agreements, beginning in 2010, Williamson and Pierce conspired with Dr. Michael Frey, an interventional pain management doctor operating in Fort Myers, to pay compensation to Frey in exchange for referrals to their company (A&G Spinal). A&G Spinal then paid a percentage of the resulting profits via checks (made payable to Frey’s wife), who was unaware of the scheme and was not associated with A&G Spinal. In addition, from 2013 to 2015, Williamson also paid kickbacks to Frey in exchange for patient referrals for compound pharmaceutical pain cream prescriptions.
Frey has pleaded guilty for his role in both schemes and is currently awaiting sentencing.
This case is being prosecuted by Assistant United States Attorneys Rachel Jones and Simon Eth, with the assistance from the Defense Criminal Investigative Service, the 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 settlement are allegations only, and there has been no determination of liability.
U.S. Attorney Announces Safer Communities Through Project Safe Neighborhoods ProgramRead the Press Release
Tampa, FL – One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and, partners with locally based prevention and reentry programs for lasting reductions in crime. Throughout the past year, the Middle District of Florida (MDFL) has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone.
In support of the Department’s PSN programs throughout the country, the Attorney General today also announced awards of almost $28 million in grant funding to combat violent crime through PSN and another $3 million for training and technical assistance to develop and implement violent crime reduction strategies and enhance services and resources for victims of violent crime. As part of those awards, the MDFL will receive $1,129,811 to continue implementing PSN strategies within its district.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
“Public safety is everybody’s business,” said U.S. Attorney Maria Chapa Lopez. “The U.S. Attorney’s Office is committed to working with our law enforcement partners at every level and with our citizens to rid our streets of violent crime. We will not rest until our communities are safer places to live, work, and play.”
Since 2001, the MDFL has been a leader in implementing the PSN program. As we celebrate the one-year anniversary of the revitalized program, here are some of the highlights of our PSN actions over the past year:
Enforcement Actions
The mission of the MDFL’s PSN program is to prosecute dangerous offenders, dismantle drug trafficking organizations, build proactive conspiracy cases against violent gang members, and support the U.S. Attorney’s crime prevention strategy. U.S. Attorney Maria Chapa Lopez coordinates the district’s PSN efforts with various federal, state, and local law enforcement officials to ensure that resources are strategically directed against violent offenders. MDFL PSN efforts are districtwide, with a special focus placed in Tampa through the Tampa Bay PSN Task Force; in Jacksonville, through the Jacksonville Sheriff’s Office Gun Unit; and in Fort Myers, through the Violent Crime Working Group. Interagency coordination, cooperation, and training has resulted in significant outcomes. A few highlights include:
- United States v. Isaac Thomas (Tampa Bay) – defendant was a previously convicted felon who got into a fight at a high school basketball game and was removed; he then fired a gun at law enforcement. Thomas was sentenced to 15 years in federal prison for possessing a firearm as a felon and in a school zone. (Link to press release)
- United States v. Alejo Guerrero (Fort Myers) – defendant was prosecuted for multiple drug and gun offenses and was sentenced to 12 years in federal prison. (Link to press release)
- United States v. Christopher Bentley (Jacksonville) – defendant was a pimp, convicted felon, and drug dealer. He was sentenced to 10 years in federal prison. (Link to press release)
- United States v. Roderick Lester (Jacksonville) – defendant was a convicted felon sentenced to over 8 years in federal prison for armed robbery of a local tire store. (Link to press release)
Community Partnerships
The MDFL employs a three-pronged approach as part of its violent crime reduction strategy. In addition to enforcement and prosecution, key partnerships with schools, faith institutions, and other community organizations are continuous to support local prevention, intervention, and reentry programs. Through various yearlong community events, thousands of citizens have been engaged to create safer communities. Some key events and partnerships include:
- National Night Out
- Guns, Gangs and Goals
- Courageous Conversations: Gun Violence
- National Gun Pledge
- Great American Teach-In
- Guys with Ties
- Royalty (Girls) Program
- Federal Intensive Reentry Courts (Tampa, Orlando, Jacksonville)
- Federal Correctional Complex (Coleman, FL) Community Relations Board
- Pinellas Ex-Offender Reentry Coalition
- Hillsborough Ex-Offender Network
- Abe Brown Ministries/Ready4Work
- Jacksonville Reentry Center
- Operation New Hope/Ready4Work
Improvements to Community Safety
- The FBI’s official crime data for 2017 reflects that, after two consecutive, historic increases in violent crime, in the first year of the Trump Administration, the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly 1½ percent.
- The preliminary information we have for 2018 gives us reason for optimism that our efforts are continuing to pay off. Public data from 60 major cities show that violent crime was down by nearly five percent in those cities in the first six months of 2018 compared to the same period a year ago.
MDFL Highlights
- In FY2018, the Tampa Bay PSN Task Force indicted 168 federal cases.
- In partnership with federal, state, and local agencies, violent crime in the City of Tampa was reduced by 27% (2015 benchmark data).
- In 2017, 11 members of the violent “Manche Boys Mafia” gang were indicted on white-collar offenses (including conspiracy, credit card fraud, aggravated identify theft, and tax crimes). Their sentences ranged between 4 and 8 ½ years’ imprisonment.
Operators of Sushi House Restaurant at Jacksonville Town Center Plead Guilty to Harboring Illegal AliensRead the Press Release
Jacksonville, Florida – Min Lin (35) and He Ying Qiu (46), both of Jacksonville, have pleaded guilty to harboring illegal aliens for the purpose of commercial advantage and private financial gain. Each faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to their plea agreements, Lin and Qiu are married and own and operate the Sushi House restaurant located at the Town Center shopping complex in Jacksonville. After receiving a tip from a concerned citizen, federal agents conducted an investigation and discovered that employees were being transported in a van, driven by Qiu, between the Sushi House and two residences owned by Lin. On January 29, 2018, officers from the Jacksonville Sheriff’s Office (JSO) stopped the van as it was coming from Sushi House, after it had closed for business that day. Qiu was driving the van and Lin was in the front seat passenger. Four passengers in the van appeared to be aliens who were illegally present in the United States.
On June 5, 2018, law enforcement agents executed search warrants at the Sushi House and the two residences owned by Lin. Before the warrants were executed, a JSO officer stopped the van Qiu was driving near the Sushi House. Two of the passengers, who were also in the van when it was stopped on January 29, 2018, were found to be illegally present in the United States. During the execution of the warrant at one of the residences, agents encountered two more aliens who were also found to be illegally present in the United States. They had also been passengers in the van during the previous strop.
Upon questioning, each of the four aliens admitted to being illegally present in the United States. They stated that they worked at the Sushi House and were paid in cash with no taxes withheld from their pay. They also stated that they lived at the residence rent-free, that Qiu took them to and from work, and that neither Lin nor Qiu had asked them to provide documents to establish that they were legally authorized to work in the United States. Employers are required by law to obtain such documents before hiring any employee. During the search of the residence, agents found identification, mail, photographs, and other documents belonging to the aliens and others.
As part of their plea agreements, Lin and Qiu agreed to forfeit the residence and the van they had used to transport the aliens.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Jacksonville Sexual Predator Charged with Child Pornography Production OffensesRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announced that James Thomas Butler II (38, Jacksonville) has been arrested and charged by a federal criminal complaint with production and attempted production of child pornography. In 2001, Butler was convicted of attempted sexual battery and lascivious molestation of a minor in Jacksonville and was required to register as a sexual predator. Because of his prior sex offense conviction, Butler faces an enhanced mandatory minimum penalty of 25 years, and up to 50 years, in federal prison, and a potential lifetime of supervision. He has been in custody since his arrest on October 2, 2018. A detention hearing is scheduled for October 9, 2018.
According to the
complaint , on May 2, 2018, FBI agents and other law enforcement officers executed a search warrant at a home in north Jacksonville, where several offenders and sexual predators resided. While interviewing the residents, the agents consensually obtained two smartphones from Butler, who was residing at the location. During a forensic review of one of the devices, agents discovered pornographic videos of a minor child that appeared to have been surreptitiously filmed using a hidden camera. Further investigation revealed the identity of the child and the Jacksonville residence where the production had occurred.This case was investigated by the Federal Bureau of Investigation, the Jacksonville Sheriff’s Office, and the Duval County School Police Department. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Department of Justice Announces More Than $70 Million to Support School Safety and $64 Million to Improve State Criminal Record SystemsRead the Press Release
Tampa, Florida – U.S. Attorney Maria Chapa Lopez joined the Department of Justice today in announcing more than $70 million in grant funding to bolster school security, educate and train students and faculty, and support law enforcement officers and first responders who arrive on the scene of a school violence incident. In the Middle District of Florida, the following recipients were awarded funds – the Collier County Sheriff’s Office ($250,000); the Pasco County District School Board ($199,998); and the Citrus County Sheriff’s Office ($127,250).
These grants are in addition to the funding to the National Association of School Resource Officers (NASRO), announced by Attorney General Sessions last week, to expand and update their curriculum to better support training programs. These grants combined will better protect students, teachers, faculty, and first responders across the United States. Additionally, the Department is awarding more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems, which will help law enforcement and increase the effectiveness of background checks.
“President Trump and his administration will ensure the safety of every American school,” Attorney General Jeff Sessions said. “Earlier this year he signed into law the STOP School Violence Act, which provides grant funding to develop anonymous school threat reporting systems, to implement school building security measures, and to train students, school personnel, and law enforcement on how to prevent school violence. Today I am announcing $70 million in these grants to hundreds of cities and states across America. These grants will go a long way toward giving young people and their families both safety and peace of mind.”
“We should take every step possible to guarantee our students a safe and secure place to learn – free from violence,” said U.S. Attorney Chapa Lopez. “These funds will assist our partners in creating and enhancing critical systems and procedures to reduce threats and violence in our schools.”
The Office of Justice Program’s (OJP) Bureau of Justice Assistance (BJA) and the Office of Community Oriented Policing Services (COPS Office) together are making more than 220 awards to jurisdictions across the country to help make schools more secure. The awards, granted through three funding streams, will provide new technology for reporting systems and other threat deterrent measures and create school safety training and education programs for school administrators, staff, students, and first responders. This includes the support for existing crisis intervention teams and the creation of new ones.
- BJA’s STOP School Violence Threat Assessment and Technology Reporting Program will provide 68 awards valued at more than $19 million. This funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website.
- The STOP School Violence Prevention and Mental Health Training Program, also managed by BJA, will provide training and education on preventing violence and effectively responding to related mental health crises. This program will fund 85 awards at nearly $28 million.
- The COPS Office School Violence Prevention Program (SVPP) will provide nearly $25 million to 91 jurisdictions for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency.
The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.
The Department also announced that it has awarded more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems. These grants are administered by the Bureau of Justice Statistics, part of OJP. Approximately $43 million in funding will be administered through the National Criminal History Improvement Program (NCHIP), and nearly $21 million will be awarded under the National Instant Criminal Background Check System (NICS) Act Record Improvement Program. These grant programs help states automate and upgrade records accessed by the firearms background check system. This year, at the direction of the Attorney General, the Department prioritized funding for projects that improve accessibility of criminal history records, domestic violence convictions, and information on persons who are prohibited from possessing firearms for mental-health related reasons.
The Department is also investing over $1 million in research to better understand the factors behind mass shooting incidents. The grant awards, made by the Department’s National Institute of Justice (NIJ), part of OJP, support scientific investigations that will examine factors that contribute to mass violence, identify any patterns in mass shootings, analyze psychological and social life histories of mass shooters and community-level predictors of mass violence, and will examine firearm purchasing patterns of known mass shooters in order to create a risk prediction tool.
For addition information on today’s grant announcements, visit www.bja.gov or www.cops.usdoj.gov.
NOTE: The breakdown of the STOP School Violence Grants can be found here: STOP School Violence Threat Assessment and Technology Reporting Program, STOP School Violence Prevention and Mental Health Training Program, and COPS Office School Violence Prevention Program
# # #
Rolling 30s Crips Gang Member Sentenced to Prison for Gun and Drug OffensesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Jose Ramon Rivera (23, Orlando) to 10 years and 11 months in federal prison for distributing heroin and methamphetamine, possessing firearms as a convicted felon, and carrying a firearm during a drug-trafficking crime. Rivera pleaded guilty on July 12, 2018.
According to court documents and testimony at sentencing, Rivera is a member of the Rolling 30s Crips gang, which has been linked to several homicides in the Orlando area. Within weeks of his release from state prison, Rivera sold heroin, methamphetamine, and a firearm to a confidential informant who was acting at the direction of law enforcement. A few days later, Rivera sold the informant an assault-style rifle and additional heroin and methamphetamine.
This case was investigated by the U.S. Drug Enforcement Administration, the Orange County Sheriff’s Office, the U.S. Marshals Service, the Clermont Police Department, the Longwood Police Department, the Winter Garden Police Department, and the Winter Park Police Department. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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.
Justice Department Is Awarding Almost $320 Million to Combat Opioid CrisisRead the Press Release
WASHINGTON – On the first day of National Substance Abuse Prevention Month, the Department of Justice announced it is awarding almost $320 million to combat the opioid crisis in America. The unprecedented funding will directly help those most impacted by the deadliest drug crisis in American history, including crime victims, children, families, and first responders.
"President Trump has made ending the opioid crisis a priority for this administration, and under his leadership, the Department of Justice has taken historic action," said Attorney General Jeff Sessions. "Today we are announcing our next steps: investing $320 million into all three parts of the President’s comprehensive plan to end the epidemic: prevention, treatment, and enforcement. We are attacking this crisis from every angle—and we will not let up until we bring it to an end."
In 2017, more than 72,000 Americans lost their lives to drug overdoses, an increase from the 64,000 overdose deaths in 2016, according to the Centers for Disease Control and Prevention. The majority of these deaths can be attributed to opioids, including illicit fentanyl and its analogues. October marks two important anti-drug events: Red Ribbon Week and National Prescription Drug Takeback Day. Red Ribbon Week takes place every year between October 23-31 and encourages students, parents, schools, and communities to promote drug-free lifestyles. The Drug Enforcement Administration’s (DEA) National Prescription Drug Take Back Day on October 27 aims to provide an opportunity for Americans to prevent overdose deaths and drug addictions before they start. DOJ expanded on DEA's Drug Takeback Days and collected more than 2.7 million pounds of expired or unused prescription drugs since April 2017.
The Attorney General has been resolute in the fight against the drug crisis in America. The Department assigned more than 300 federal prosecutors to U.S. Attorneys’ offices and hired more than 400 DEA task force officers, announced the formation of Operation Synthetic Opioid Surge, a new program to reduce the supply of deadly synthetic opioids in high impact areas, and created a new data analytics program called the Opioid Fraud and Abuse Detection Unit to assist 12 prosecutors sent to drug “hot spot districts.” In addition, the Department charged more than 3,000 defendants with trafficking in heroin, fentanyl, or prescription drugs in FY 2017, announced the first-ever indictments of Chinese nationals for fentanyl trafficking, and scheduled variants of fentanyl to prevent illicit drug labs from circumventing the law. In addition, DOJ executed the largest ever health care fraud enforcement action charging more than 600 defendants and proposed rules consistent with President Trump's "Safe Prescribing Plan," requiring a reduction of ten percent in 2019 in manufacturing quotas. The Department dismantled AlphaBay, the largest criminal marketplace on the Internet and has already generated prosecutions in the fight against online drug trafficking through the Joint Criminal Opioid Darknet Enforcement Team (J-CODE).
The approximately $320 million awarded by the Department’s Office of Justice Programs (OJP) will be distributed in order to maximize effectiveness over the country. A breakdown of the grant funding can be found here.
- Innovative Prosecution Solutions for Combating Violent Crime and Opioid Abuse ($2.8 Million). Help prosecutors develop strategies to address violent crime caused by illegal opioid distribution and abuse.
- Comprehensive Opioid Abuse Site-based Program ($162 Million). Help jurisdictions plan and implement programs aimed at reducing opioid abuse and mitigating its impact on crime victims, including training and technical assistance.
- Justice and Mental Health Collaboration Program ($5.9 Million). Address the treatment needs of people using opioids under the Justice and Mental Health Collaboration Program.
- Helping Children and Youth Impacted by Opioids ($46.6 Million). Help children and youth impacted by the opioid crisis, including training and technical assistance.
- Drug Courts ($81.2 Million). Assist adult, juvenile, and family drug courts and veterans treatment courts, including training and technical assistance
- Paul Coverdell Forensic Science Improvement Grant Program ($17 Million). Address the dramatic increase in deaths and the backlogs of seized drugs as a result of the opioid crisis.
- Opioid-Related Research for Criminal Justice Purposes ($4.1 Million). Development of new tools to enforce the law, ensure public safety, prevent and control crime, and ensure fair and impartial administration of justice.
OJP provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice, and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at: www.ojp.gov.
NOTE: The breakdown of grant funding can be found here.
Jacksonville Repeat Offender Sentenced to 16 Years in Federal Prison for Firearms OffenseRead the Press Release
Jacksonville, Florida– U.S. District Judge Marcia Morales Howard today sentenced Carl L. Lawson (46, Jacksonville) to 16 years in federal prison for possessing a firearm as a convicted felon and for violating the conditions of supervised release that Lawson was serving in connection with a prior federal drug conviction. Due to his prior multiple felony convictions, he qualified for an increased penalty under the Armed Career Criminal Act. Lawson pleaded guilty on July 5, 2018.
According to court documents, in early 2018, Lawson sold cocaine to a confidential informant on three occasions, and in one instance, offered to sell a firearm. On February 22, 2018, federal agents executed search warrants at the two locations in Jacksonville where Lawson had sold the cocaine. At the first location, agents found a loaded pistol and ammunition. At the second location, agents found Lawson (alone), another loaded pistol, a loaded assault-style rifle, and 60 baggies of cocaine. At the time, Lawson had previous felony convictions for sale of cocaine, armed robbery, and distribution of crack cocaine and is therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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.
Government Settles $1.2 Million Lawsuit Against Florida Compounding Pharmacy and Its Owner for Excessive Charges to TRICARERead the Press Release
Tampa – U.S. Attorney Maria Chapa Lopez announces that the United States has settled allegations that a Tampa-based compounding pharmacy, now-defunct RS Compounding, LLC, and its owner, Renier Gobea, knowingly billed TRICARE excessive prices for compounded prescriptions. In reaching this settlement, the parties resolved allegations that, between January 1, 2012, and January 31, 2014, Gobea and RS Compounding charged TRICARE at least 2,000 percent more for drugs than they charged cash-paying customers, in violation of the False Claims Act.
TRICARE, the health care program for uniformed service members and their families, prohibits pharmacies from charging TRICARE more than the general public. Gobea and RS Compounding charged TRICARE vastly more than they charged the public, in some cases over 10,000 percent more. When Gobea and RS Compounding determined that this practice violated TRICARE policy in January 2014, they made mere prospective changes and did not return the profits secured by the overcharges. In an ability-to-pay settlement, the government agreed to accept $1.2 million to resolve these allegations.
TRICARE’s costs for compounded drugs rose from $5 million in 2004 to $514 million in 2014 and $1.75 billion in fiscal year 2015. To date, the U.S. Attorney’s Office for the Middle District of Florida has pursued numerous actions involving fraud associated with compounding pharmacies, resulting in over $57 million in settlements.
“This case is part of our long-standing efforts to hold compounding pharmacies accountable,” said U.S. Attorney Chapa Lopez. “We will continue to combat unscrupulous practices in all forms, especially those that harm or interfere with the care received by our service members and their families.”
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service and its law enforcement partners to ensure that medical service providers do not unjustly enrich themselves by wasting and diverting precious taxpayer dollars. DCIS protects and preserves the integrity of TRICARE, a vital DoD program serving U.S. service members, retirees, and their families,” said Special Agent in Charge John F. Khin, Southeast Field Office.
This lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they discover evidence that defendants have submitted false claims for government funds and to receive a share of any recovery. The False Claims Act also permits the government to intervene in such lawsuits, as it has done in this case. The case is captioned United States ex rel. McKenzie Stepe v. RS Compounding LLC, Renier Gobea, Case No. 8:13-cv-3150-T-33AEP (M.D. Fla.). McKenzie Stepe filed this qui tam case, and, although she passed away during the pendency of the case, her estate will receive $264,000 as part of the settlement.
The government’s complaint in 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 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 investigation was conducted by TRICARE, the U.S. Department of Health and Human Services Office of Inspector General, and the U.S. Attorney’s Office for the Middle District of Florida. It was handled by Assistant U.S. Attorneys Shea Gibbons and Sean Keefe.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Former Colombian Councilman Sentenced to Fourteen Years in Prison for Conspiring to Traffic More Than A Thousand Kilograms of CocaineRead the Press Release
Tampa, FL – U.S. District Judge Steven D. Merryday has sentenced Aureliano Cuero-Cuero (38, Mosquera, Nariño, Colombia), a/k/a “Chavo,” to 14 years in federal prison for conspiring to distribute cocaine on board vessels subject to the jurisdiction of the United States. Cuero-Cuero pleaded guilty on May 23, 2018.
According to court records, Cuero-Cuero was an elected city council member in Mosquera, Nariño, Colombia at the time of his indictment in 2016. Between February and July 17, 2015, Cuero-Cuero was involved in the organizing and dispatching of three go-fast vessels that departed Colombia carrying over 1,300 kilograms of cocaine, but were later interdicted in international waters. The crew members aboard these vessels were arrested and prosecuted in the Middle District of Florida. Cuero-Cuero was arrested in May 2017, in Colombia, and extradited to the United States. Two other co-defendants in this case are awaiting sentencing.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command’s Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Assistant United States Attorney Dan Baeza.
Couple Sentenced to Federal Prison for Structuring Financial Transactions to Evade Currency Reporting RequirementsRead the Press Release
Jacksonville, Florida – Senior United States District Judge Harvey Schlesinger has sentenced Bobby L. Ratcliffe (60) and Wanda F. Ratcliffe (55), both of Reddick, Florida, to two years in federal prison for conspiracy to structure financial transactions to evade reporting requirements. In addition, a forfeiture order was entered against them in the amount of $4,592,419, which represents the amount of structured cash deposits. Bobby Ratcliffe also was ordered to pay restitution in the amount of $54,908 for the receipt of unauthorized child auxiliary benefits from the Social Security Administration. Both previously pleaded guilty to the offenses.
According to court documents, between August 2014 and July 2015, Bobby and Wanda Ratcliffe structured cash deposits and withdrawals into and out of bank accounts that they controlled. The couple often traveled from their home in the Ocala-area to Jacksonville, Orlando, and Tampa to conduct the transactions. To avoid Currency Transaction Reports, which are required for currency transactions exceeding $10,000 in a single day, they made individual deposits of less than $10,000 at different credit unions, or branches of the same credit union, on the same day or over consecutive days.
In addition to structuring cash deposits, the Ratcliffes made structured cash withdrawals by writing and cashing numerous personal checks made payable to themselves. Between August 2014 and July 2015, they wrote more than 1,750 checks to themselves for cash.
This case was investigated by the United States Treasury Office of Inspector General; the Internal Revenue Service - Criminal Investigation; the Federal Insurance Deposit Corporation - Office of Inspector General; the Social Security Administration – Office of Inspector General; the U.S. Secret Service; and the Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Frank Talbot and Bonnie Glober.
Collier County Tax Return Preparer Charged in 15-Count Tax Fraud IndictmentRead the Press Release
Fort Myers, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Augustin Dalusma with 12 counts of filing false claims to the Internal Revenue Service (IRS) and 3 counts of making or subscribing to false tax returns. He faces a maximum penalty of 5 years in federal prison on each filing of a false claim count and up to 3 years in federal prison for each count of subscribing to a false tax return.
According to the
indictment , between 2014 and 2015, Dalusma intentionally made false and fraudulent claims for tax refunds to the IRS in 12 tax returns that he filed on behalf of others. Additionally, between 2013 and 2015, Dalusma also filed three tax returns to the IRS that willfully underreported his own income.An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Simon R. Eth.
St. Augustine Man Sentenced to Eight Years for Selling Crack CocaineRead the Press Release
Jacksonville, Florida – U.S. District Judge Henry L. Adams has sentenced James Ray Crooms (49, St. Augustine) to eight years in federal prison for selling cocaine base, also known as “crack” cocaine. Crooms was also sentenced to two years’ imprisonment, to run concurrent with his eight-year sentence, for violating his federal supervision by selling the crack. He had pleaded guilty on March 22, 2018.
According to court documents, on August 31, 2017, a confidential informant made a controlled purchase of .4 grams of crack cocaine from Crooms in St. Augustine. On November 29, 2017, an undercover detective with the St. Johns County Sheriff’s Office made a second controlled purchase of .5 grams of crack from Crooms. At the time of the sales, Crooms was on federal supervised release for a previous federal conviction for selling crack cocaine.
This case was investigated by the St. Johns County Sheriff’s Office and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Polk County Man Sentenced to More Than Five Years in Federal Prison for Firearms OffenseRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Kenton Buddy Campbell (34, Lakeland) to 5 years and 10 months in federal prison for possessing firearms and ammunition as a convicted felon. The court also ordered Campbell to forfeit two firearms and ammunition. He had pleaded guilty on June 20, 2018.
According to court documents, law enforcement officers identified Campbell’s residence as a location that was being used to facilitate the sale of narcotics. The Lakeland Police Department executed a search warrant at Campbell’s residence and found that he had been sleeping on the living room floor next to two loaded firearms. During the search, officers seized more than 220 grams of marijuana, along with codeine, oxycodone, cocaine, digital scales, and cash bundled in small denominations. Campbell was arrested on state charges and released from state custody pending trial.
Shortly after his release, Campbell returned to his home and continued selling narcotics. The Lakeland Police Department obtained a second search warrant for the residence, seized more narcotics and cash, and arrested Campbell on additional charges.
At the time, Campbell had multiple prior felony drug convictions and therefore was prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Lakeland Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Pinellas County Man Pleads Guilty to Stealing Millions by Using Stolen Identities—And Attempted Bank RobberyRead the Press Release
Tampa, Florida – Jason Peter Kendall (36, Seminole) has pleaded guilty to one count each of bank fraud, securities counterfeiting, aggravated identity theft, and attempted bank robbery. Kendall faces a maximum penalty of 30 years in federal prison for the bank fraud, up to 20 years for the attempted bank robbery, up to 10 years for the counterfeiting, and a mandatory consecutive term of two years for the aggravated identity theft. A sentencing date has not yet been set.
According to the
plea agreement , Kendall stole the personal identifying information of various individuals and opened securities-trading accounts in his name and the names of his identity theft victims. He then funded those accounts by stealing account information and impersonating accountholders to gain access to bank accounts held by individuals and businesses in Florida and across the country, directing those banks to wire funds into the trading accounts that he controlled. Over several months in 2016, Kendall transferred more than $3 million of victims’ money into accounts that he controlled before his frauds were discovered.Then, on September 20, 2017, Kendall entered a BB&T Bank in Seminole and attempted to rob it. After a teller activated a silent alarm to alert other employees to the robbery, Kendall fled without obtaining any money.
This case was investigated by the United States Secret Service, the Federal Bureau of Investigation, and the Pinellas County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Eric K. Gerard.
Jacksonville Man Sentenced to More Than Four Years for Possessing Stolen Gun While on DrugsRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Luis David Toledo (29, Jacksonville) to four years and nine months in federal prison for possessing a stolen firearm, possessing cocaine with the intent to distribute it, and possessing firearms while an unlawful user of a controlled substance. Toledo pleaded guilty on May 9, 2018.
According to court documents, on January 10, 2018, Toledo was driving on Southside Boulevard, in Jacksonville, when a patrol officer with the Jacksonville Sheriff’s Office observed him driving erratically and smelled marijuana coming from the vehicle. The officer pulled up next to Toledo’s vehicle and observed smoke swirling inside of the car. During a traffic stop, Toledo admitted that he had guns, cocaine, and marijuana inside of the vehicle. A search of the vehicle revealed two loaded 9mm pistols, one of which was equipped with an extended magazine, along with cocaine packaged for sale, and marijuana. Toledo told the officer that his guns were stolen, that he had intended to sell the cocaine that was in the vehicle, that he had used cocaine “minutes” before being pulled over, and that he had been smoking marijuana while driving. A records check revealed that one of the guns had been reported stolen.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.
This 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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Jacksonville Man Sentenced to 14 Years in Prison for Federal Drug and Firearm OffensesRead the Press Release
Jacksonville, Florida– U.S. District Judge Harvey E. Schlesinger today sentenced Ronald Andrews (34, Jacksonville) to 14 years in federal prison for possessing with the intent to distribute methamphetamine and for possessing a firearm as a convicted felon. Andrews pleaded guilty on May 10, 2018.
According to court documents and evidence presented in court, on July 28, 2017, the Florida Highway Patrol (FHP) conducted a traffic stop of a rental car that Andrews was driving. Andrews’s four-year-old son was the only passenger in the car. While gathering Andrews’s license, the troopers smelled marijuana and saw remnants of a joint in the car. When it became clear that troopers intended to detain Andrews for further investigation, Andrews held his son in his arms and used him as a shield to try and push pass the troopers, eventually throwing the child at them. The child was not injured, and the troopers were able to detain Andrews before he could escape.
During a search of the car, the troopers located a loaded semi-automatic pistol and more than 200 grams of methamphetamine, as well as marijuana and hydrocodone pills. In addition, Andrews had $2,325 cash in his pocket. At the time, Andrews had previous felony convictions, including for felony battery, and therefore, was prohibited from possessing a firearm under federal law.
This case was investigated by the Florida Highway Patrol, the Jacksonville Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Frank Talbot and Michael J. Coolican.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Former Duval County High School Teacher Sentenced to Federal Prison for Transporting Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis today sentenced Jeremy Scott Clark (45, Ponte Vedra) to seven years and six months in federal prison for transporting images depicting child sexual abuse over the internet. Clark was also ordered to serve a 15-year term of supervised release and to register as a sex offender. Clark pleaded guilty in June 2018 and has been held in federal custody since his arrest on March 8, 2018.
According to court documents, on February 22, 2018, Clark, using the screen name “LLCoolJack1973,” responded to a message posted by an undercover FBI agent on an internet bulletin board frequented by individuals with a sexual interest in children. Clark began an online conversation with the undercover agent. After engaging in conversation about sexual activity with children, Clark sent an explicit photo of himself to the agent, along with a link to an online storage account containing images of young children being sexually abused. Further investigation revealed that Clark was a teacher at First Coast High School in Jacksonville.
On March 8, 2018, law enforcement officers executed a search warrant at Clark’s home. FBI agents were able to confirm that the picture of the naked male sent to the undercover agent was that of Clark on his bed in his home. A forensic examination of Clark’s phone revealed that it contained the link to the online storage account previously sent to the agent, along with links to more than 400 additional images depicting the sexual abuse of children.
“The FBI will stop at nothing to protect innocent victims, and seek justice for the heinous acts committed against them,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “This case is even more egregious having been committed by someone who was in a position of authority. Our investigators will continue to work tirelessly in coordination with our law enforcement partners to identify those who abuse their positions and prey on our children.”
This case was investigated by the Federal Bureau of Investigation and the St. Johns County 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 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.
Hospital Chain Will Pay over $260 Million to Resolve False Billing and Kickback Allegations; One Subsidiary Agrees to Plead GuiltyRead the Press Release
Health Management Associates, LLC (HMA), formerly a U.S. hospital chain headquartered in Naples, Florida, will pay over $260 million to resolve criminal charges and civil claims relating to a scheme to defraud the United States. The government alleged that HMA knowingly billed government health care programs for inpatient services that should have been billed as outpatient or observation services, paid remuneration to physicians in return for patient referrals, and submitted inflated claims for emergency department facility fees.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Assistant Attorney General Joseph H. Hunt of the Justice Department’s Civil Division, U.S. Attorney Maria Chapa Lopez for the Middle District of Florida, U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, U.S. Attorney Charles E. Peeler for the Middle District of Georgia, U.S. Attorney John R. Lausch Jr. for the Northern District of Illinois, U.S. Attorney R. Andrew Murray for the Western District of North Carolina, U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania, U.S. Attorney Sherri Lydon for the District of South Carolina, Assistant Director Robert Johnson of FBI’s Criminal Investigative Division, and Acting Assistant Inspector General for Investigations Derrick L. Jackson for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
HMA was acquired by Community Health Systems Inc. (CHS), a major U.S. hospital chain, in January 2014, after the alleged conduct at HMA occurred. Since July 2014, HMA has been operating under a Corporate Integrity Agreement (CIA) between CHS and the HHS-OIG.
As part of the criminal resolution, HMA entered into a three-year Non-Prosecution Agreement (NPA) with the Criminal Division’s Fraud Section in connection with a corporate-driven scheme to defraud Federal health care programs by unlawfully pressuring and inducing physicians serving HMA hospitals to increase the number of emergency department patient admissions without regard to whether the admissions were medically necessary. The scheme involved HMA hospitals billing and obtaining reimbursement for higher-paying inpatient hospital care, as opposed to observation or outpatient care, from Federal health care programs, increasing HMA’s revenue. Under the terms of the NPA, HMA will pay a $35 million monetary penalty. Under the terms of the NPA, HMA and CHS, the current parent company, agreed to cooperate with the investigation, report allegations or evidence of violations of Federal health care offenses, and ensure that their compliance and ethics program satisfies the requirements of an amended and extended CIA between CHS and HHS-OIG.
In addition, an HMA subsidiary, Carlisle HMA, LLC, formerly doing business as Carlisle Regional Medical Center, has agreed to plead guilty to one count of conspiracy to commit health care fraud. The plea agreement remains subject to acceptance by the court. Up until 2017, Carlisle HMA, LLC owned and operated Carlisle Regional Medical Center, an acute care hospital located in Carlisle, Pennsylvania. Carlisle HMA, LLC was charged in a criminal information filed today in the District of Columbia with conspiracy to commit health care fraud.
According to admissions made in the resolution documents, HMA instituted a formal and aggressive plan to improperly increase overall emergency department inpatient admissions at all HMA hospitals, including at Carlisle Regional Medical Center. As part of the plan, HMA set mandatory company-wide admission rate benchmarks for patients presenting to HMA hospital emergency departments – a range of 15 to 20 percent for all patients presenting to the emergency department, depending on the HMA hospital, and 50 percent for patients 65 and older (i.e. Medicare beneficiaries) - solely to increase HMA revenue. HMA executives and HMA hospital administrators executed the scheme by pressuring, coercing and inducing physicians and medical directors to meet the mandatory admission rate benchmarks and admit patients who did not need impatient admission through a variety of means, including by threatening to fire physicians and medical directors if they did not increase the number of patients admitted.
“HMA pressured emergency room physicians, including through threats of termination, to increase the number of inpatient admissions from emergency departments—even when those admissions were medically unnecessary,” said Assistant Attorney General Benczkowski. “Hospital operators that improperly influence a physician’s medical decision-making in pursuit of profits do so at their own peril. Where we find such conduct, the Criminal Division’s Health Care Fraud Unit, together with our Civil Division and law enforcement colleagues, will aggressively prosecute those responsible to the fullest extent of the law.”
HMA also agreed to pay $216 million as part of a related civil settlement. The civil settlement resolves HMA’s liability for submitting false claims between 2008 and 2012 as part of its corporate-wide scheme to increase inpatient admissions of Medicare, Medicaid and the Department of Defense’s (DOD) TRICARE program beneficiaries over the age of 65. The government alleged that the inpatient admission of these beneficiaries was not medically necessary, and that the care needed by, and provided to, these beneficiaries should have been provided in a less costly outpatient or observation setting. HMA agreed to pay $62.5 million to resolve these allegations with $61,839,718 being paid to the United States and $706,084 being paid to participating States.
The civil settlement also resolves allegations that during the period from 2003 through 2011, two HMA hospitals in Florida, Charlotte Regional Medical Center and Peace River Medical Center, billed federal health care programs for services referred by physicians to whom HMA provided remuneration in return for patient referrals. To induce patient referrals, Charlotte Regional provided a local physician group with free office space and staff, as well as direct payments, which purportedly covered overhead and administrative costs incurred by the group for its management of a Charlotte Regional physician. HMA also provided another local physician with free rent and upgrades to his office space. HMA agreed to pay $93.5 million to resolve these civil allegations, with the United States receiving $87.96 million, and the State of Florida receiving $5.54 million.
Additional allegations that are resolved by the civil settlement are that between 2009 and 2012, two former HMA hospitals, Lancaster Regional Medical Center and Heart of Lancaster Medical Center in Pennsylvania, billed federal health care programs for services referred by physicians with whom the facilities had improper financial relationships. These relationships stemmed from HMA’s excessive payments to (1) a large physician group in return for two businesses owned by the group and for services allegedly performed by the group, and (2) a local surgeon that exceeded the value of the services provided. The government alleged that these arrangements were structured in this manner to disguise payments intended to induce the referral of patients. HMA agreed to pay $55 million to the United States to resolve these civil allegations.
Finally, the civil settlement will also resolve claims that Crossgates Hospital, an HMA facility in Brandon, Mississippi, leased space to a local physician from Jan. 15, 2005 through Jan. 14, 2007, but required the physician to pay rent for only half of the space he was actually occupying, in return for patient referrals to Crossgates Hospital. HMA agreed to pay $425,000 to the United States to resolve these civil allegations.
Federal law, including the Anti-Kickback Statute and the Stark Law, prohibits hospitals from providing financial inducements to physicians for referrals. These provisions are designed to ensure that physician decision-making is not compromised by improper financial incentives.
“Billing for unnecessary hospital stays wastes federal dollars,” said Assistant Attorney General Hunt. “In addition, offering financial incentives to physicians in return for patient referrals undermines the integrity of our health care system. Patients deserve the unfettered, independent judgment of their health care professionals.”
“The payment of kickbacks in exchange for medical referrals undermines the integrity of our healthcare system,” said U.S. Attorney Chapa Lopez. “Today’s resolution should remind healthcare providers of their duty to comply with the law, and the heavy price to be paid for corrupt practices committed by their executives. Our Civil Division will continue to invest itself in the pursuit of health care providers who violate the law for personal gain.”
“Our office will continue to enforce prohibitions on improper financial relationships between health care providers and their referral sources, as these relationships can serve to corrupt physician judgment about a patient’s true health needs,” said U.S. Attorney Fajardo Orshan. “We will devote all necessary resources to ensure that those rendering medical care do so for the sole benefit of the patient and in compliance with the law.”
“By manipulating patient status, HMA increased Medicare costs and pocketed taxpayer funds to which it was not entitled,” said U.S. Attorney Peeler. “Our Medicare patients and our taxpayers deserve better, and I am proud that justice has been done. Nonetheless, we will continue to pursue those hospitals in our district that would seek to take advantage of the Medicare Program.”
“Government healthcare programs are vital to the welfare of our communities,” said U.S. Attorney Murray for the Western District of North Carolina, where two HMA hospitals were located. “We will aggressively pursue providers that fraudulently inflate charges to government programs and divert scarce resources from those in need into their own pockets.”
“Our resolution of this matter and the significant recovery we have obtained show once again that no matter how complex the scheme is, we will find it, stop it, and punish it,” said U.S. Attorney McSwain. “HMA covered up kickbacks for patient referrals with sham joint venture agreements, lease payments, and management agreements. These sorts of improper physician inducements are a form of ‘pay to play’ business practices that will not be tolerated. Healthcare institutions cannot pad their bottom line at the expense of the American taxpayers. And most importantly, this conduct must be rooted out because it gets in the way of providing top-notch patient care to American citizens.”
“It is critically important to all of us that the patients’ interest drive the physicians’ decisions on care,” said U.S. Attorney Lydon. “Unnecessary hospital admissions not only drive up costs but can cause damage to patients and cannot be tolerated.”
The government further alleged that from September 2009 through December 2011, certain HMA hospitals submitted claims to Medicare and Medicaid seeking reimbursement for falsely inflated emergency department facility charges. HMA agreed to pay $12 million to resolve these civil allegations, with $11.028 million being paid to the United States and $972,000 being paid to participating States.
“Compliance with government healthcare rules requires that patients only receive treatment they actually need,” said HHS-OIG Acting Assistant Inspector General for Investigations Jackson. “Then government programs must be billed just for those services. No more, no less. Let there be no doubt, we will continue to protect federal healthcare programs and beneficiaries by holding provider organizations fully accountable.”
“This settlement is a result of the FBI’s hard work and dedication to hold companies accountable for their role in healthcare fraud and abuse,” said FBI Assistant Director Johnson. “The FBI will not stand by when there are allegations that a company operates a corporate wide scheme to increase their financial gain at the expense of the U.S. government. We appreciate those who come forward with allegations of criminal misconduct and recognize the importance of the public’s assistance in our work.”
The allegations resolved by the settlement were originally brought in eight lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The eight qui tam cases, which were filed in various districts and transferred to the U.S. District Court for the District of Columbia as part of a multi-district litigation presided over by the Honorable Reggie B. Walton, are captioned: United States ex rel. Brummer v. HMA, Inc., 3-09-cv-135 (CDL) (M.D. Ga.); United States ex rel. Williams v. HMA, Inc., 3:09-cv-130 (M.D. Ga.); United States ex rel. Plantz v. HMA, Inc., 13-CV-1212 (N.D. Ill.); United States ex rel. Miller v. HMA, Inc., 10-3007 (E.D. Pa.); United States ex rel. Mason & Folstad v. HMA, Inc., 3:10-CV-472-GCM (W.D.N.C.); United States ex rel. Nurkin v. HMA, Inc., 2:11-cv-14-FtM-29DNF (M.D. Fla.); United States ex rel. Jacqueline Meyer & Cowling v. HMA, Inc., 0:11-cv-01713-JFA (D.S.C.); and United States ex rel. Paul Meyer v. HMA, Inc., 11-62445 cv-Williams (S.D. Fla.).
The whistleblower in United States ex rel. Nurkin will receive approximately $15 million as a share of the recovery, and the whistleblowers in United States ex rel. Miller will receive approximately $12.4 million as their share of the recovery. The whistleblower shares to be awarded in the remaining cases have not yet been determined.
These matters were investigated by the Civil Division’s Commercial Litigation Branch; the Health Care Fraud Unit of the Criminal Division’s Fraud Section; the U.S. Attorneys’ Offices for the Middle District of Florida, Southern District of Florida, Middle District of Georgia, Northern District of Illinois, Western District of North Carolina, Eastern District of Pennsylvania and the District of South Carolina, the FBI Healthcare Fraud Unit Major Provider Response Team, HHS-OIG and Defense Health Agency Program Integrity. On behalf of the States, an investigative/settlement team with members from North Carolina, Massachusetts, Virginia, Washington, and Florida assisted with the investigation and resolution of these matters.
The government’s resolution of this matter illustrates the government’s emphasis on combating healthcare fraud and marks another achievement for the Health Care Fraud and Enforcement Action Team (HEAT) initiative, a partnership between the Department of Justice and the Department of Health and Human Services to focus efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. 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).
Except for those facts admitted to in the guilty plea and in the Non-Prosecution Agreement, the claims resolved by the settlement are allegations only, and there has been no determination of liability.
If you believe you are a victim of this offense, please visit this website or call (888) 549-3945.
Former Naples-Based Hospital Chain Will Pay over $260 Million to ResolveRead the Press Release
Fort Myers, FL – Health Management Associates, LLC (HMA), formerly a major U.S. hospital chain headquartered in Naples, Florida, will pay over $260 million to resolve criminal charges and civil claims relating to a scheme to defraud the United States, the Justice Department announced today. The government alleged that HMA knowingly billed government health care programs for inpatient services that should have been billed as outpatient or observation services; inflated claims for emergency department facility fees; and operated hospitals, including two in Port Charlotte, which paid illegal remuneration to physicians in return for patient referrals.
Assistant Attorney General Brian A. Benczkowski, head of the Justice Department’s Criminal Division; Assistant Attorney General Joseph H. Hunt, head of the Justice Department’s Civil Division; U.S. Attorney Maria Chapa Lopez of the Middle District of Florida; U.S. Attorney Charles E. Peeler for the Middle District of Georgia; U.S. Attorney John R. Lausch, Jr. for the Northern District of Illinois; U.S. Attorney William M. McSwain for the Eastern District of Pennsylvania; U.S. Attorney Sherri Lydon for the District of South Carolina, Assistant Director Robert Johnson of FBI’s Criminal Investigative Division, and Acting Assistant Inspector General for Investigations Derrick L. Jackson for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
Federal laws, including the Anti-Kickback Statute and the Stark Law, prohibit hospitals from providing financial inducements to physicians for referrals. These provisions are designed to ensure that physician decision-making is not compromised by improper financial incentives.
“Billing for unnecessary hospital stays wastes federal dollars,” said AAG Hunt. “In addition, offering financial incentives to physicians in return for patient referrals undermines the integrity of our health care system. Patients deserve the unfettered, independent judgment of their health care professionals.”
The civil settlement resolves, among other allegations, that during the period from 2003 through 2011, two HMA hospitals in Florida, the Charlotte Regional Medical Center and the Peace River Medical Center, billed federal health care programs for services referred by physicians to whom HMA provided remuneration in return for patient referrals. To induce patient referrals, Charlotte Regional provided a local physicians’ group with free office space and staff, as well as direct payments, which purportedly covered overhead and administrative costs incurred by the group for its management of a Charlotte Regional physician. HMA also provided another local physician with free rent and upgrades to his office space.
The civil allegations were initially made as part of a qui tam lawsuit captioned United States ex rel. Nurkin v. HMA, Inc., 2:11-cv-14-FtM-29DNF (M.D. Fla.). In January 2014, after the conduct alleged by the government had occurred, HMA was acquired by another hospital company.
HMA has agreed to pay $93.5 million to resolve these civil allegations, with the United States receiving $87.96 million, and the State of Florida receiving $5.54 million. The whistleblower in United States ex rel. Nurkin will receive approximately $15 million as his share of the recovery in that case.
“The payment of kickbacks in exchange for medical referrals undermines the integrity of our healthcare system,” said United States Attorney for the Middle District of Florida Maria Chapa Lopez. “Today’s resolution should remind healthcare providers of their duty to comply with the law, and the heavy price to be paid for corrupt practices committed by their executives. Our Civil Division will continue to invest itself in the pursuit of health care providers who violate the law for personal gain.”
The Nurkin investigation was investigated by the Civil Division’s Commercial Litigation Branch; the Criminal Division’s Fraud Section; the U.S. Department of Health and Human Services Office of Inspector General; the FBI Healthcare Fraud Unit Major Provider Response Team; and by the U.S. Attorneys’ Offices for the Middle District of Florida. Assistant U.S. Attorney Kyle Cohen handled the Nurkin case locally with assistance from Assistant U.S. Attorneys Jay Trezevant and David Lazarus.
“Compliance with government healthcare rules requires that patients only receive treatment they actually need,” said HHS-OIG Acting Assistant Inspector General for Investigations Jackson. “Then government programs must be billed just for those services. No more, no less. Let there be no doubt, we will continue to protect federal healthcare programs and beneficiaries by holding provider organizations fully accountable.”
“This settlement is a result of the FBI’s hard work and dedication to hold companies accountable for their role in healthcare fraud and abuse,” said FBI Assistant Director Johnson. “The FBI will not stand by when there are allegations that a company operates a corporate wide scheme to increase their financial gain at the expense of the U.S. government. We appreciate those who come forward with allegations of criminal misconduct and recognize the importance of the public’s assistance in our work.”
HMA was acquired by Community Health Systems Inc. (CHS), a major U.S. hospital chain, in January 2014, after the alleged conduct at HMA occurred. Since July 2014, HMA has been operating under a Corporate Integrity Agreement (CIA) between CHS and the HHS-OIG.
The government’s resolution of this matter illustrates the government’s emphasis on combating healthcare 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 civil claims resolved by the settlement are allegations only, and there has been no determination of liability.
Tampa Man Sentenced to More Than 15 Years in Federal Prison After Road Rage AssaultRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Harlem Slaughter Turner, III (41, Tampa) to 15 years and 8 months in federal prison for possessing a firearm as a convicted felon. Turner pleaded guilty on June 12, 2018.
According to court documents, on May 30, 2017, at approximately 2:50 a.m., officers from the Tampa Police Department were on routine patrol when they observed what appeared to be an altercation among a group of people just north of 7th Avenue on 17th Street in Ybor City. The officers heard someone yell, “he's got a gun,” as Turner quickly got into his car and fled the scene. The officers learned that Turner had threatened the occupants of another vehicle after he had been involved in a traffic incident.
The officers located Turner’s car, conducted a traffic stop, and searched the vehicle. During the search, under the rear seat, the officers found a 9mm handgun that had been reported stolen, along with a magazine containing 10 rounds of ammunition. The officers also recovered a magazine containing 14 rounds of 9mm ammunition located inside a backpack behind the center console. At the time, Turner had numerous prior violent felony convictions and, was therefore prohibited from possessing a firearm by federal law. He also qualified for an increased penalty under the Armed Career Criminal Act.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Michael C. Baggé-Hernández and Charlie D. Connally.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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.
Violent Felon Sentenced to Statutory Max of 10 Years for Possessing FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara has sentenced Stevie Cavazos (24, Hillsborough County) to 10 years in federal prison for possessing a firearm as a convicted felon. The sentence was the highest permissible under the relevant statute. The court also ordered Cavazos to forfeit the firearms and ammunition that he had possessed, which are traceable to proceeds of the offense. Cavazos pleaded guilty on June 8, 2018.
According to court documents and testimony during the sentencing hearing, Cavazos threatened two women with a sawed-off shotgun. While interviewing the victims, law enforcement officers heard shots coming from Cavazos’s home. They located Cavazos at his home along with the sawed-off shotgun and another rifle. At the time, Cavazos had previous convictions for robbery and battery on a law enforcement officer and, was therefore prohibited from possessing a firearm by federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hillsborough County Sherriff’s Office. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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 Man Pleads Guilty to Felony for Lying About His Financial Situation on Restitution PaperworkRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Jason Anthony Martinez (38, Tampa) has pleaded guilty to making false statements to the U.S. Attorney’s Office’s Financial Litigation Unit. He faces a maximum penalty of five years in federal prison.
According to the plea agreement, Martinez was previously convicted in a mortgage-related fraud case and ordered to pay $3,008,551.01 in restitution. On October 24, 2017, Martinez signed and submitted a Financial Disclosure Form, upon which he falsely claimed a net income that was approximately half his actual net income and failed to disclose a number of credit accounts. This false information materially and adversely affected the resulting restitution-related payment calculations in his prior case.
U.S. Attorney Chapa Lopez stated, “Pursuant to the Crime Victims' Rights Act of 2004, federal crime victims have the right to full and timely restitution. Our Financial Litigation Unit is dedicated to investigating defendants’ ability to meet their restitution obligation and collecting such restitution in compliance with federal law. Criminal defendants must understand that the United States Attorney’s Office actively pursues the collection of restitution.”
The U.S. Attorney’s Office, recognizing the critical importance of recovering restitution for victims, has a Financial Litigation Unit that collects criminal monetary penalties, including restitution, imposed on criminal defendants by the U.S. District Court as part of his or her sentence. One of the tools used by the Unit to collect restitution is the Financial Disclosure Statement, which requires defendants to truthfully disclose, among other things, their income, expenses, assets, and liabilities.
This case was investigated by the U.S. Attorney’s Office’s Economic Crimes Section. It is being prosecuted by Assistant U.S. Attorney Thomas N. Palermo.
Melbourne Man Sentenced to Thirty Years for Sexually Exploiting Minors and Assaulting A Federal Officer with A FirearmRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced David Hardman (55, Melbourne) to 30 years in federal prison for sexually exploiting minors and for forcibly assaulting a federal officer with a deadly weapon. The court also ordered Hardman to forfeit the proceeds obtained from the sale of his residence, which he had used to commit the sexual exploitation offenses, and to forfeit the digital devices he used to commit his offenses. Hardman pleaded guilty on April 26, 2018.
According to court documents, Hardman produced DVD videos of minors engaged in sexually explicit activity and sold the DVDs to buyers throughout the United States. During a period of seven years, Hardman exploited nine identified minors and made $346,664 from the sale of the DVDs. On August 17, 2017, FBI agents and officers from the Melbourne Police Department executed a search warrant at Hardman’s home. Hardman hid in his bathroom with a firearm. When the officers entered the room, Hardman pointed the weapon at the officers as he tried to chamber a round. The officers tackled Hardman and retrieved the firearm.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Karen L. Gable.
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 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.
Former Clay County High School Teacher Arrested and Charged with Distribution of Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Christopher Shawn Potter (age 49, Jacksonville) has been arrested and charged by criminal complaint with distributing child pornography. Potter faces a minimum mandatory penalty of 5 years, and up to 20 years in federal prison. He had been detained pending a hearing on September 26, 2018.
According to the
complaint , in February 2018, Potter, utilizing the username “Catsfan1987” and the screenname “Mr. Fireball,” responded to a notice posted online by an undercover officer with the Orange Park Police Department who was using the persona of a 14-year-old child. Potter engaged in online conversations with the undercover officer during which Potter requested photos of the “child” and discussed meeting the “child” for sex. Potter sent the undercover officer a video clip depicting a young child being sexually abused and a video of Potter performing a sexual act.On September 20, 2018, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, along with other law enforcement officers executed a search warrant at Potter’s home and seized several computer devices and smart phones. Potter told the agents that he had worked as a teacher at Clay High School in Green Cove Springs from 2016-2017, and that he was a teacher at Orange Park High School from 1997-2004.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Orange Park Police Department, the Putnam County Sheriff’s Office, the Clay County Sheriff’s Office, and the Palatka Police Department. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
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.
Eighth Member of “Manche Boy Mafia” Gang Sentenced to Nearly Seven Years in Credit Card Fraud SchemeRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington has sentenced Aeon L. Graham (23, Tampa) to six years and nine months in federal prison for conspiracy to commit credit card fraud and aggravated identity theft. Graham pleaded guilty on June 12, 2018.
According to court documents and statements made in open court, between at least 2015 and 2017, Graham and others affiliated with “Manche Boy Mafia” or “MBM” organization conspired to commit credit card fraud and identity theft in the Tampa Bay area. To facilitate the scheme, the conspirators purchased stolen credit and debit card account numbers online from various websites, some of which used bitcoin as their currency. They then purchased or stole reloadable gift cards and used machines to emboss the stolen account numbers and their own names on to the front of these altered gift cards, thereby producing counterfeit credit cards. The conspirators then used these counterfeit credit cards at various retailers around the Tampa Bay area to purchase gift cards and electronics, which they either kept or sold for cash.
Investigators determined that these individuals had engaged in hundreds of successful transactions with counterfeit credit cards, and had possessed and used thousands of stolen account numbers from individuals across the United States. In total, Graham was held responsible for more than $600,000 in intended or attempted purchases with counterfeit credit cards and stolen account information.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Mandy Riedel.
Arson Conspirator Sentenced to Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Rashica Shaguana Ford (39, Sarasota) to nine years and two months in federal prison for conspiracy to commit arson. A federal jury found Ford guilty on June 8, 2018.
Ford’s co-conspirators, Jodarin Marquis Whitfield and Herbert Adelphus Pinckney, previously pleaded guilty for their roles in this case. Whitfield was sentenced to eight years and three months in federal prison. Pinckney was sentenced to two years and six months in federal prison.
According to testimony presented at trial, in the early morning hours of March 11, 2015, Whitfield and Pinckney set fire to an individual’s home by attempting to throw a Molotov cocktail through the victim’s bedroom window. In addition to the homeowner, one adult and six children were inside the home at the time of the arson. The Molotov cocktail did not break the window and only damaged the exterior of the home. All occupants of the home escaped safely.
The arson was orchestrated by Ford (Whitfield’s girlfriend/Pinckney’s sister) as retaliation stemming from an altercation between Ford and the victim.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Bureau of Fire, Arson and Explosives Investigations; the Bradenton Police Department; the Bradenton Fire Department; the Sarasota County Sheriff’s Office; and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Carlton C. Gammons.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Jacksonville Man Sentenced to More Than Four Years in Federal Prison for Firearms OffenseRead the Press Release
Jacksonville, Florida– U.S. District Judge Timothy J. Corrigan has sentenced Daryl D. Shack (28, Jacksonville) to four years and three months in federal prison for possessing a firearm as a convicted felon. Shack pleaded guilty on May 15, 2018.
According to court documents, on July 17, 2017, officers from the Jacksonville Sheriff’s Office conducted a traffic stop on a car in which Shack was a passenger. The driver’s two-year-old daughter was also in the car. Shack possessed a loaded Beretta pistol, which had previously been reported stolen, between his feet. He also had a baggie of cocaine in his pocket. Officers later recovered a baggie of marijuana, a knife, and an axe from the vehicle. At the time, Shack had a previous conviction for armed robbery, and therefore, was prohibited from possessing a firearm by federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
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 October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. 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 Man Sentenced to More Than Ten Years for Credit Card Fraud and Identity Theft Offenses Involving Gas Pump SkimmersRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Noel Graveran-Palacios (37, Tampa) to 10 years and 1 month in federal prison for conspiracy, credit card fraud, and identity theft. A federal jury found Noel Graveran-Palacios and his twin brother, Yoel Graveran-Palacios, guilty on April 24, 2018. Yoel Graveran-Palacios was sentenced on September 4, 2018, to 9 years in federal prison.
According to testimony and evidence presented at trial, Noel and Yoel Graveran-Palacios worked together, and with others, to place skimmers on gas pumps in the Tampa Bay area. Using the account numbers stolen from the skimmers, they made counterfeit credit cards and then used them to purchase merchandise including gas, toys, clothes, and gift cards, at area retailers. They then used the gift cards to purchase merchandise at home improvement stores, and later returned the items for cash. Trial evidence included hundreds of recovered stolen account numbers, as well as dozens of store surveillance videos featuring the conspirators using the counterfeit credit cards.
This case was investigated by the United States Secret Service and the Tampa Police Department, with assistance from the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Mandy Riedel.