Middle District of Florida
Press releases recorded for this federal judicial district.
Federal Grand Jury Returns Superseding Indictment Charging Former Pasco County Schools Transportation Manager with Child Enticement and Production of Child PornographyRead the Press Release
Tampa, Florida – A federal grand jury has returned a
superseding indictment charging William Matthew Napolitano (35, New Port Richey) with enticement of a minor and with producing, distributing, and possessing child pornography. If convicted on all counts, Napolitano faces a maximum penalty of life in federal prison.According to the indictment, between 2015 and January 2017, Napolitano enticed and coerced a minor to engage in sexual activity. In June 2015, Napolitano also persuaded a minor to engage in sexually explicit conduct for the purpose of producing child pornography.
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.
Any person who was a victim, or has knowledge of someone who may have been a victim, is urged to contact U.S. Immigration and Customs Enforcement’s Homeland Security Investigations at 1-866-DHS-2ICE (347-2423) or at http://www.ice.gov/webform/hsi-tip-form.
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 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.
Husband of Former FDOT Employee Sentenced for Theft of More Than $370,000 in Federal Grant FundsRead the Press Release
Tampa, Florida – U.S. District Judge Mary Scriven today sentenced Alejo Tronco-Diaz (52, Lakeland) to 12 months and one day in federal prison for conspiracy to commit federal program theft. As part of his sentence, Tronco-Diaz was also ordered to pay $295,891.65 in restitution. The court also entered a money judgment in the amount of $373,602.42, representing the total proceeds of the charged criminal conduct.
Tronco-Diaz pleaded guilty on May 14, 2018.
According to court documents, Tronco-Diaz’s wife, Tracy Dean Tronco, worked as a Transit Coordinator and Passenger Operations Specialist at the Florida Department of Transportation’s (FDOT) District 7 office in Tampa from May 2010 through August 2015. Tronco was responsible for administering transportation projects and funds that were intended to benefit Florida residents and taxpayers. As part of her work, she had a role in awarding federal grant funds that the U.S. Department of Transportation provided to the FDOT.
Tronco-Diaz, who married Tronco in 2012, was an FDOT grant applicant who operated an alleged church, Ministerio A Gran Voz De Trompeta Campus, Inc., in Hillsborough and Polk Counties. Ministerio purported to provide transportation services for underserved populations, such as elderly, disabled, and unemployed individuals.
Tronco used her position at FDOT to award more than $370,000 in federal funds to Ministerio and another religious ministry that claimed to be partnering with Ministerio to provide transportation services. The grant money was supposed to be used to purchase and renovate a commercial property in Hillsborough County, to provide job and transportation-related services, to purchase three new vehicles, and to reimburse the operation’s vehicle maintenance costs. Instead, the funds and vehicles were kept and used by Tronco, her husband, and other co-conspirators. Tronco also failed to disclose to FDOT her personal relationship with Tronco-Diaz, which constituted a conflict of interest that would have prevented her from handling the grant awards.
Tronco resigned from FDOT in lieu of termination on April 27, 2016. She was charged in the same indictment and pleaded guilty to conspiracy to commit federal program theft on October 18, 2017.
This case was investigated by the Federal Bureau of Investigation and the Florida Department of Transportation - Office of Inspector General, with assistance from the Office of Inspector General for the Department of Transportation. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.
United States Settles False Claims Act Allegations Against Trinity Medical Pharmacy and Principals for More Than $2.2 MillionRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces today that Trinity Medical Pharmacy, LLC, (TMP) and several of its principals have agreed to pay the United States $2,244,270.14 to resolve allegations that TMP violated the False Claims Act by knowingly billing TRICARE and other government programs for claims generated by illegal kickbacks and by knowingly omitting material information from TMP’s application to become a certified Express Scripts provider.
The settlement relates to TMP’s marketing and sale of compounded medicine that should be uniquely tailored to an individual patient’s need and is often extremely expensive. Between 2013 and 2015, TMP, formerly located in New Port Richey, billed TRICARE seeking millions of dollars in reimbursement for compounded medicine. At the time, Krutika Patel was TMP’s president and chief executive officer, Devan Patel was the company’s chief operating officer, Jay Martinez was TMP’s national sales director, and Nicholas Petrillo was the national account director and top sales representative.
The United States alleges that TMP and these individuals knowingly sought reimbursement for compounded medicine claims generated through illegal kickbacks to patients and providers. The United States also alleges that TMP knowingly failed to disclose a material fact—COO Devan Patel’s previous felony conviction—when seeking to become an authorized provider with Express Scripts. Express Scripts is the pharmacy benefit manager for TRICARE and several carriers associated with the Federal Employees Health Benefits Program (FEHBP).
“Protecting TRICARE and other federal health care programs from fraud is a priority of the U.S. Attorney’s Office,” said U.S. Attorney Chapa Lopez. “Those who defraud TRICARE misappropriate money intended to provide quality health care to members of our military and their families. We will continue to protect those who serve our country.”
“This settlement demonstrates the effectiveness of investigations by the Defense Criminal Investigative Service and our law enforcement partners to ensure that precious taxpayer dollars are not used for unjust enrichment by fraudulent providers. DCIS protects the integrity of DoD programs by rooting out fraud, waste, and abuse which negatively impacts critical programs such as TRICARE,” said Special Agent in Charge John F. Khin, Southeast Field Office.
“I would like to commend the work of our criminal investigators, their law enforcement partners, and the U.S. Attorney’s Office for their tireless efforts on this case,” said U.S. Office of Personnel Management Acting Inspector General Norbert E. Vint. “Their excellent work safeguards the integrity of the FEHBP and serves to protect the millions of Federal employees, retirees, and dependents who benefit from the program.”
“The improper CHAMPVA billings made by Trinity Medical Pharmacy diverted funds intended for the care of Veterans who honorably served in the Armed Forces of the United States,” stated David Spilker, Special Agent in Charge, VA Office of Inspector General. “The continued oversight of the companies that do business with VA, as shown in this investigation, safeguard the integrity of VA programs and funding.”
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).
This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida; the Defense Criminal Investigative Service; the U.S. Office of Personnel Management, Office of the Inspector General; and the Department of Veterans Affairs, Office of the Inspector General. Assistant United States Attorney Lindsay Saxe Griffin led the investigation.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
St. Petersburg Man Convicted of Federal Firearms OffenseRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Tyrone Walker (36, St. Petersburg) guilty of possessing a firearm as a convicted felon. Walker faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for November 6, 2018. Walker was indicted on March 22, 2018.
According to evidence presented at trial, Walker possessed a firearm that he used to shoot and kill another man during a dispute. At the time of the incident, Walker had a prior felony conviction and therefore was prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorneys Callan Albritton and James Preston.
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.
NASA Contractor Arrested for Possession of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces the arrest and filing of a criminal complaint charging Anthony Joseph Culotta, Jr. (59, Brevard County) with possession of child pornography. Culotta faces a maximum penalty of 20 years in federal prison.
According to the criminal complaint, Culotta has been a NASA contractor since at least 2004, and worked has with the Kennedy Space Center Launch Services Program. Between May 31 and August 7, 2018, Culotta used his NASA-issued laptop computer to search for, view, and possess sexually explicit images of children.
On August 7, 2018, special agents working with the NASA Office of Inspector General interviewed Culotta, who admitted that he used his NASA computer to search for and view images that piqued his curiosity. A search of the computer revealed over 1,000 images of child pornography, including images of known victims previously identified by the National Center for Missing and Exploited Children.
A criminal complaint is merely an allegation that a defendant has violated federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by NASA Office of Inspector General, Office of Investigations, Kennedy Space Center. It will be prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Members of California-To-Florida Drug Trafficking Organizaiton Charged in ConspiracyRead the Press Release
Orlando, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Rodolfo Quiles (33, Tampa), Melissa Vasquez (28, Tampa), Alejandro Ortiz-Mendez, a/k/a “Andrew,” (43, Tampa), Gil William Garcia-Libran, a/k/a “Giwi,” (48, San Diego, CA), Stephen Johnson (25, San Diego, CA), Mauricio Ojeda, a/k/a “Pariente,” (39, San Diego, CA), Eduardo Trujillo, a/k/a/ “B.E.T.,” (38, Chula Vista, CA), and Melissa Day Swycaffer (22, National City, CA) with conspiracy to distribute controlled substances, including heroin. If convicted, they face penalties from 40 years to life in federal prison.
According to court documents, the defendants were part of a drug-trafficking organization that shipped kilogram-quantities of heroin, fentanyl, and other controlled substances from California to Florida and other east coast destinations for distribution. During the investigation, agents seized multiple kilograms of drugs that were destined for central Florida.
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 U.S. Drug Enforcement Administration, the San Diego County Sheriff’s Department, the U.S. Postal Service, the U.S. Border Patrol, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Internal Revenue Service – Criminal Investigation, the San Diego Police Department, the El Cajon Police Department, the La Mesa Police Department, the Florida Department of Law Enforcement, the Tampa Police Department, and the Massachusetts State Police. It will be prosecuted by Assistant United States Attorney Embry J. Kidd.
Loan Officer Sentenced for His Role in Mortgage Fraud ConspiracyRead the Press Release
Tampa, FL – U.S. District Judge Mary S. Scriven has sentenced Daniel Cardenas (37, Tampa) to 18 months in federal prison for conspiracy to commit wire fraud.
Cardenas pleaded guilty on April 24, 2018.
According to court documents, from as early as October 2007 through May 2008, Cardenas and others conspired to execute a wire fraud scheme affecting financial institutions. The goal of the scheme was to sell condominium units at The Preserve at Temple Terrace, a 392-unit condominium complex in Tampa. To entice buyers to purchase the units, the conspirators offered cash payments to buyers, either before or after closing. Payment of the funds to the individual buyers was neither known to nor approved by the mortgage lenders.
The conspirators made material false statements on loan documents, such as purchase and sale agreements, loan applications, and HUD-1 settlement statements, to induce mortgage lenders to approve loans for otherwise unqualified borrowers. The conspirators used several entities to conceal the payments to buyers from the mortgage lenders.
Cardenas’s role in the conspiracy, as a loan officer at Transcontinental Lending Group’s branch in Tampa, included but was not limited to preparing, signing, and certifying false and fraudulent loan applications submitted to lenders in order to induce the institutions to provide funding for buyers. The false representations submitted to and relied upon by the mortgage lenders included representations concerning occupancy, income, source of funds, and assets. Cardenas’s participation in the mortgage fraud conspiracy caused approximately $710,000 in losses to the victim mortgage lenders.
This case was investigated by the Federal Housing Finance Agency, Office of Inspector General and Federal Bureau of Investigation. It was prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Hoffer.
Former New Port Richey Resident Sentenced to More Than Ten Years in Connection with Consumer Fraud SchemesRead the Press Release
Tampa, FL –U.S. District Judge Mary S. Scriven has sentenced David Owen (40, Largo) to 10 years and 10 months in federal prison for conspiring to commit extortion, money laundering, and mail fraud, in connection with several consumer fraud schemes. As part of his sentence, the Court also ordered restitution to the victims in the amount of $697,500, and entered a money judgment in the amount of $1,185,652, representing the proceeds of the fraud.
According to court documents, Owen, who was sentenced to 10 years in federal prison on January 30, 2018, and a co-conspirator, Andrew Corrigan, used straw account owners to open bank accounts into which they deposited money from victims of their tax impersonation scheme. The conspirators extorted money from victims by falsely representing that the victims had financial obligations to the Internal Revenue Service (IRS), Canadian tax authorities, or other entities. They then threatened the victims with arrest, prosecution, or other legal consequences for their purported debts and demanded that they pay the conspirators the “owed” money.
The conspirators monitored the victims’ deposits online in order to ensure that the straw owners of the accounts (who were controlled by the conspirators) made timely withdrawals. The conspirators provided the straw account owners with the victims’ names, locations, and amounts of deposits. The conspirators then directed the straw account owners to withdraw the funds in cash, and turn it over to them (often less a payment to the straw account owner for opening the account or conducting the transaction) victims were also directed to pay via money transfers and prepaid debit cards, which were also collected and deposited by the defendants. Owen and Corrigan collected more than $850,000 from their victims.
For his role in this scheme, Corrigan was sentenced to 10 years in prison on January 30, 2018.
Owen also devised another telemarketing fraud scheme, which primarily targeted elderly victims. Callers located outside of the United States contacted at least three elderly victims and falsely represented to those victims that they had won millions of dollars in the Publisher’s Clearing House lottery. The callers then induced the victims to provide financial information and mail large cashier’s checks to a straw business (Edgewater Elite) in Florida, set up by Owen, to pay “advance” taxes on the alleged winnings, or for some other related purpose. Once the victims’ funds were deposited into the Edgewater Elite bank accounts, they were quickly disbursed by the straw business owner, at the direction of Owen. Over $315,000 was collected from the three elderly victims.
"This sentence today represents a victory not just for the IRS, but for the many hard-working Americans who have received an intimidating phone call from the perpetrators of this despicable scam," stated Acting Special Agent in Charge Andy Tsui of IRS Criminal Investigation. "We remind taxpayers that the IRS does not initiate contact by phone and we will never call with threats to arrest you. Education is your best defense, so we invite everyone to spread the word to be on the watch for phone calls from IRS impersonators."
This case was investigated by the Internal Revenue Service – Criminal Investigation, the Treasury Inspector General for Tax Administration (TIGTA), the FBI, the U.S. Postal Inspection Service, the Pinellas County Sheriff’s Office, the Pasco County Sheriff’s Office, the Largo Police Department, the Gulfport Police Department, the Toronto Police Service, and the Royal Canadian Mounted Police. It was prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Rachel Jones.
Florida Man Sentenced to 20 Years for Distributing Child PornographyRead the Press Release
Orlando, FL –U.S. District Judge Paul G. Byron has sentenced William Joseph McClenathan (30, Sanford) to 20 years in federal prison for distributing child pornography. McClenathan pleaded guilty on May 16, 2018.
According to court documents, in December 2017, McClenathan distributed an image depicting a minor engaging in sexually explicit conduct. A forensic review of McClenathan’s electronic devices revealed that he possessed 171 images of child pornography and 338 videos of child pornography.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Alejandro J. Salicrup.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Eleven Members of Lakeland Drug Trafficking Organization Plead Guilty to Causing Four Overdose Deaths, an Overdose Resulting in Serious Bodily Injury, and Heroin and Fentanyl TraffickingRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the guilty pleas of the individuals listed below with charges stemming from conspiracy to distribute more than 1 kilogram of heroin, 400 hundred grams of fentanyl, and 100 grams of a fentanyl analogue, the distribution of which resulted in four deaths and in serious bodily injury to a victim. The defendants face penalties from 10 years to life in federal prison. A sentencing date has not yet been set. The plea agreements also require certain individuals to make restitution to the families of the victims.
Salik Stevens Drug Trafficking Organization
Name
Age, Residence
Status
Salik Stevens, a/k/a “Carlito,” ‘Dough”
35, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute controlled substances resulting in death.
Faces a minimum mandatory of 20 years in federal prison and a maximum term of life imprisonment.
Hasan Pearson, a/k/a “Julio,” “Hoov”
36, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute controlled substances resulting in death.
Faces a minimum mandatory of 20 years in federal prison and a maximum term of life imprisonment.
Naboris Lampkin , a/k/a “Beezy”
32, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute controlled substances resulting in death.
Faces a minimum mandatory of 20 years in federal prison and a maximum term of life imprisonment.
Ladarius Oglesby, a/k/a “Hitta”
23, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute controlled substances resulting in death.
Faces a minimum mandatory of 20 years in federal prison and a maximum term of life imprisonment.
William Jones, a/k/a “Book”
39, Mulberry
Pleaded guilty to 1 count of conspiracy to distribute heroin.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Dominic Matthews, a/k/a “Gargamel”
30, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute heroin.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Prince Grant
37, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute heroin.
Faces up to 30 years in federal prison.
Justin Martin
33, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute heroin.
Faces up to 30 years in federal prison.
Jeminine Poe
37, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute heroin.
Faces up to 20 years in federal prison.
John Brown
54, Lakeland
Pleaded guilty to 1 count of attempted possession of heroin.
Faces up to 20 years in federal prison.
Dalyshia Dexter
28, Lakeland
Pleaded guilty to 1 count of conspiracy to distribute heroin.
Faces up to 20 years in federal prison.
On January 5, 2018, in a related case, Antonorio Nelson, a/k/a “Nep,” (29, Lakeland) pleaded guilty to conspiracy to distribute furanyl fentanyl resulting in death. He faces a minimum mandatory of 20 years, and up to life, in federal prison.
According to the plea agreements, the defendants were part of a drug trafficking organization (DTO) that conspired to distribute heroin, fentanyl, and fentanyl analogues, and operated in and around Lakeland. As part of the conspiracy, Stevens and Pearson received controlled substances via packages shipped from New Jersey. They then distributed the drugs, packaged in individual user amounts referred to as “bindles,” to Lakeland dealers. The organization utilized three primary premises for the storage and distribution of controlled substances, including a car wash, a residence, and an apartment complex.
Law enforcement identified several overdoses in Polk County between February and April 2017, that were linked to the organization. Specifically, investigators identified four victims who had died from ingesting furanyl fentanyl and carfentanil sold by members of the DTO, and one victim who was medically resuscitated after a carfentanil overdose.
During the investigation, law enforcement seized thousands of individual bindles of heroin, fentanyl, and fentanyl analogues, three firearms, and over $10,000 in cash.
This case was investigated by the Drug Enforcement Administration, the Polk County Sheriff’s Office, the Lakeland Police Department, the Pasco County Sheriff’s Office, and the Hardee County Sheriff’s Office, with assistance from the U.S. Postal Inspection Service, as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. 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. It is being prosecuted by Assistant United States Attorney Dan Baeza.
Citizen of Mexico Convicted of Illegal Re-Entry and Failure to Register as A Sex OffenderRead the Press Release
Orlando, Florida – A federal jury has found Ramon Lopez-Alvarado (58), a citizen of Mexico, guilty of one count of illegal re-entry into the United States. Prior to trial, Lopez-Alvarado also pleaded guilty to one count of failure to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), for failing to register as a sex offender when he returned to the United States. Lopez-Alvarado has previous felony convictions for committing a lewd act on a child and failing to register as a sex offender. He faces a maximum penalty of 20 years in federal prison. His sentencing is scheduled for November 14, 2018.
According to evidence presented at trial, Lopez-Alvarado, an alien of the United States who had previously been removed in 2000, 2009, and 2013, was found to be back in the Orlando area on March 17, 2018. Lopez-Alvarado claimed he was a naturalized United States citizen, despite his naturalization application having been denied.
This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement Removal Operations and the U.S. Marshals Service. It is being prosecuted by Assistant United States Attorney Kara M. Wick.
Eleven Defendants Charged in Conspiracy to Distribute Pure Methamphetamine and Heroin Resulting in the Seizure of over 20 Kilograms of Drugs and More Than $1 MillionRead the Press Release
Ocala, Florida – A federal indictment has been unsealed charging Charlie Wayne Harrison, Jr. (32, Leesburg), Trini Thomas, Jr. (34, Wildwood), Allison Nicole Valdez (32, St. Petersburg), James Edward Moss (34, LaGrange, Georgia), Dwayne Edward Moss (32, LaGrange, Georgia), Jasmine Janay Patterson (24, Wildwood), Georgiana Armenakis (40, Paisley), Derick Latrelle Woods (28, Belleview), Brian Adolph McLaren, Jr. (30, Ocala), Christopher Valsechi (28, Weirsdale), and Chantal Monique Harrison (28, Leesburg) with conspiracy to distribute 50 grams or more of methamphetamine. If convicted on all counts, each faces a maximum penalty of life imprisonment. The indictment also notifies Charlie Wayne Harrison, Jr. that the United States intends to forfeit his 2016 Porsche Panamera, 2014 Chevrolet Corvette, and 2008 Hummer H3, which are alleged to be traceable to proceeds of the offenses.
According to court records, Charlie Wayne Harrison, Jr. was the leader of a large-scale drug operation spanning Marion, Sumter, Lake, and Pinellas Counties. He and his co-conspirators are charged with distributing multi-kilogram quantities of pure crystal methamphetamine and heroin. During the investigation, the Drug Enforcement Administration seized 14.5 kilograms of pure crystal methamphetamine (96-100% pure), 5.5 kilograms of heroin, 19 firearms, and approximately 6 pounds of gold jewelry valued at approximately $95,000. In addition, law enforcement seized $1,171,353 in cash, alleged to be profits of Harrison’s drug organization.
“This investigation is evident of the law enforcement community’s ability to work together throughout various counties to fully investigate and bring to justice those involved in drug trafficking” said Adolphus P. Wright, Special Agent in Charge of the DEA Miami Field Division.
“As subject-matter experts in violent crime, firearms and explosives,” said ATF Special Agent in Charge Daryl McCrary, “We will continue to work with our law enforcement partners to keep illegal firearms out of our communities.”
“FDLE is pleased to participate with our partners in the successful effort to stop a massive, multi-county drug operation,” said John Burke, Special Agent in Charge – FDLE, Jacksonville Regional Operations Center. “Florida families in this region are now safer and more secure thanks to the combined work of law enforcement and the U.S. Attorney’s Office.”
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 Drug Enforcement Administration (Gainesville Resident Office) in partnership with the Unified Drug Enforcement Strike Team in Marion County, as well as the Marion, Lake, and Sumter County Sheriffs’ Offices, the Florida Department of Law Enforcement, the St. Petersburg Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Tysen Duva.
Dade City Man Pleads Guilty to Federal Heroin and Dogfighting ChargesRead the Press Release
Tampa, Florida – Josue Antonio Ortega (36, Dade City) today pleaded guilty to possession with the intent to distribute heroin and to violating the animal fighting provisions of the federal Animal Welfare Act. He faces up to 20 years in federal prison on the heroin charge, and up to 5 years in federal prison on the Animal Welfare Act charge.
According to the plea agreement, Ortega participated with others in a dogfighting conspiracy. In 2016, he and his co-conspirators, operating as Boricuba Kennels, sponsored pit bull dogfighting in Pasco County. On October 19, 2016, law enforcement officers executed a search warrant at Ortega’s property and seized 14 pit bulls—12 of which had wounds and scarring consistent with having recently fought—along with equipment used to condition the dogs for fighting. They also seized over 70 grams of heroin.
The federal Animal Welfare Act makes it a felony to knowingly sell, buy, possess, train, transport, deliver, or receive any animal, including dogs, for purposes of having the animal participate in an animal fighting venture. Under federal law, an animal fighting venture means “any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least two animals for purposes of sport, wagering, or entertainment.”
This case was investigated by the Federal Bureau of Investigation and the Pasco Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.
United States Settles False Claims Act Allegations Against Defense Contractor for $300,000Read the Press Release
Jacksonville, FL – United States Attorney Maria Chapa Lopez announces that the United States has settled allegations that Pentad Corporation failed to reimburse the Department of the Navy for meals consumed by its employees at Naval Station Guantanamo Bay. The allegations resolved included liability under the False Claims Act (FCA).
Pentad Corporation is a defense contractor that provides dining-related services at various locations, including at Naval Station Guantanamo Bay. Pentad’s contract with the Navy allowed Pentad employees to eat at Navy dining facilities, but required that Pentad reimburse the Navy for meals its employees consumed. From December 2013 to December 2016, Pentad failed to reimburse the Navy for these meals, causing the Navy approximately $150,000 in damages. The settlement compensates the Navy for Pentad’s reimbursement failures.
“Protecting the integrity of services provided to our armed forces is a high priority for our office,” said U.S. Attorney Chapa Lopez. “We will work vigorously to ensure that defense contractors fulfill their contractual obligations so that our military can accomplish its mission.”
“This settlement is the result of tireless efforts by the Defense Criminal Investigative Service and its law enforcement partners to ensure integrity and compliance in all Department of Defense programs,” said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS investigations focus on fraud, waste, and abuse of taxpayer dollars in all DoD procurements for goods and services.”
Special Agent in Charge Michael Wiest stated “Fraud is not a victimless crime. In all its forms fraud siphons time, money, and resources from America’s warfighters. NCIS is committed to working with our partner agencies to help hold accountable those who put personal greed above their responsibilities to the Navy and nation.”
This case was investigated by the Defense Criminal Investigative Service, the Naval Criminal Investigative Service, the Defense Contract Audit Agency, and Assistant United States Attorney Shea Gibbons.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Criminal Defense Attorney Pleads Guilty to Conspiring to Distribute Heroin in Scheme to Get Out of A DUI Offense; Agrees to Forfeit His Law LicenseRead the Press Release
Tampa, FL – Steven Paul Burch (43, Cape Coral) has pleaded guilty to conspiring to distribute heroin. He faces a maximum penalty of 20 years in federal prison. In his plea agreement, Burch has agreed to forfeit his license to practice law, which was used to facilitate the offense. A sentencing date has not yet been set.
According to the plea agreement, 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. Unbeknownst to Burch and Battle, Battle’s wife (Qualonda Battle) recorded one of the conversations at Burch’s law office. 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.
This case was investigated by the Federal Bureau of Investigation with assistance from the Sarasota County Sheriff’s Office, the Drug Enforcement Administration, the Manatee County Sheriff’s Office, the State Attorney’s Office for the 12th Judicial Circuit and, the Florida Bar Association. It is being prosecuted by Assistant United States Attorney Dan Baeza and Diego Novaes.
Tampa Man Sentenced to Fifteen Years for Illegal Possession of A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Jamaar Danglo Hayes (34, Tampa) to 15 years in federal prison for possessing a firearm as a convicted felon. The court also ordered him to forfeit the firearm. Hayes pleaded guilty on April 25, 2018.
According to court documents, in October 2017, Hayes drove to an apartment complex located on Sligh Avenue in Tampa while in possession of a .38 caliber revolver. Multiple individuals at the apartment complex saw Hayes with the firearm and called 911. The responding officers located Hayes and the revolver. Hayes, a previously convicted felon, is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Jay G. Trezevant.
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.
Colombian Narco Trafficker Sentenced to 21 YearsRead the Press Release
Tampa, FL – U.S. District Judge Virginia Hernandez Covington today sentenced Jorge Eliecer Cifuentes-Cuero (54, Colombia, South America) to 21 years in federal prison for conspiring to possess with the intent to distribute five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States.
According to court documents, Cifuentes-Cuero was a principal member of his Colombian and Ecuadorean-based drug trafficking organization. He initially worked as a mechanic and mariner onboard vessels in the Eastern Pacific Ocean, and later, as he accumulated wealth, became an organizer of multi-ton cocaine loads transported by vessel from Colombia and Ecuador to locations in Central and Latin America. Cifuentes-Cuero is responsible for several maritime smuggling ventures in the international waters of the Eastern Pacific Ocean. In January 2013 and July 2014, the U.S. Coast Guard interdicted loads of cocaine, totaling over 1,000 kilograms that were being smuggled aboard vessels (commonly referred to as “go-fast boats”).
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command’s Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Assistant United States Attorney Thomas Palermo.
Sex Offender Sentenced to Thirty-Six Months in Prison for Failure to RegisterRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Kyle Lopez (46, Morgantown, West Virginia) to 36 months in federal prison, followed by 5 years of supervised release, for failure to register as a sex offender as required by the Sex Offender Registration and Notification Act (SORNA). Lopez had pleaded guilty on June 11, 2018.
According to court documents, Lopez, who had previous felony convictions for indecency with a child, sexual assault against a child, and failure to register, failed to register as a sex offender in Florida after moving from West Virginia to Florida in September 2017, in an attempt to abscond from his registration requirements. After receiving notification from West Virginia, the U.S. Marshals Service located Lopez on October 31, 2017, in Volusia County, Florida. He was then charged with failure to register as a sex offender in violation of SORNA.
This case was investigated by the U.S. Marshals Service. It was prosecuted by Assistant United States Attorney Kara M. Wick.
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 Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former FBI Task Force Officer and Palm Beach County Sheriff’s Deputy Pleads Guilty to Making Materially False Statements in Official FBI ReportsRead the Press Release
West Palm Beach, Florida – United States Attorney Maria Chapa Lopez announces that Lorenzo Gatti (52, Delray Beach) yesterday pleaded guilty to one count of making materially false, fictitious, and fraudulent statements in official FBI reports. Gatti faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on July 27, 2013, Gatti, who at the time was a Palm Beach County Sheriff’s Deputy, assigned to the FBI as a task force officer, was involved in an automobile accident at an intersection in Boynton Beach, Florida. A few days later, in two separate FBI reports, Gatti stated that he was on official business at the time of the accident. Specifically, he claimed that the accident occurred after he had conducted a 24-mile surveillance on a target of a federal investigation.
At the time Gatti made these statements, he knew that his claims about conducting surveillance were false. In particular, records indicate that the target of the federal investigation did not, on the date of the accident, drive anywhere near the surveillance route that Gatti said he had followed.
This case was investigated by the U.S. Department of Justice - Office of the Inspector General. It is being prosecuted by Assistant United States Attorneys Sean P. Shecter and Ilianys Rivera Miranda.
Jacksonville Man Sentenced to Seven Years in Federal Prison for Distributing Child Sex Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – Senior United States Judge Richard W. Goldberg has sentenced Jason James Neiheisel (28, Jacksonville) to seven years in federal prison for sharing child sex abuse videos and making them available online for distribution. Neiheisel was also ordered to serve a five-year term of supervised release and to register as a sex offender. A federal jury found him guilty in April 2018.
According to evidence and testimony at trial, an FBI task force officer (TFO) conducted an online investigation of individuals using the internet to trade child pornography and identified a host computer in Jacksonville that was offering child sex abuse videos for distribution. The TFO downloaded approximately 48 videos, several of which depicted young children being sexually abused, from a computer using the internet protocol address at Neiheisel’s apartment in Jacksonville. On April 11, 2017, FBI agents interviewed Neiheisel at his home. He told the agents that he had used a file-sharing network, had downloaded child pornography for “a while,” and that he enjoyed the “thrill of the hunt” to see what kind of child pornography he could find.
Neiheisel’s computer was seized and a forensic examination confirmed that he had used it to access the file-sharing network. Neiheisel also admitted that he knew that he had made the child pornography videos available to anyone on the file-sharing network who wished to participate.
This case was investigated by the Columbia County Sheriff’s Office and the FBI. 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 Attorney’s 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.
Federal Jury Convicts Registered Sex Offender in Plot to Bomb Target StoresRead the Press Release
Ocala, Florida – A federal jury has found Mark Charles Barnett (50, Ocala) guilty of attempted arson, possession of an unregistered National Firearms Act (NFA) destructive device, and making an unregistered NFA destructive device. Barnett faces a maximum penalty of 20 years in federal prison for the attempted arson count and up to 10 years in federal prison on each of the destructive device convictions. His sentencing hearing has been set for October 17, 2018.
A federal grand jury returned a superseding indictment charging Barnett with these crimes on June 20, 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. He then 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.
Barnett theorized that the company’s stock value would plunge after the explosions, allowing him to cheaply acquire shares of Target stock before an eventual rebound in prices. Barnett told the source, “If someone has to die so that I can make some money, so be it.”
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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, 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.
Three Foreign Nationals Indicted for International Cocaine Smuggling ConspiracyRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Nelson Armando (52, Ecuador), Jimmy Espinal (50, Ecuador), and Christian Rodriguez-Sanchez (25, Guatemala) with possession with the intent to distribute and conspiring to possess with the intent to distribute five kilograms or more of cocaine. If convicted, each faces up to life in federal prison and a $10 million fine for each count.
This indictment arose out of a June 15, 2018, interdiction of a drug smuggling vessel in international waters by the United States Coast Guard (USCG) Cutter VENTUROUS. As part of the interdiction, the USCG seized approximately 741 kilograms of cocaine.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command’s Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. It is being prosecuted by Special Assistant United States Attorney Nicholas G. DeRenzo.
Ocala Illegal Alien Sentenced to 17 Years in Prison for Federal Drug, Gun, and Immigration CrimesRead the Press Release
Ocala, Florida – Senior U.S. District Judge James D. Whittemore today sentenced Gilberto Astudillo Carbajal (34, Ocala) to 17 years in federal prison for conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine, possession of a firearm in furtherance of a drug trafficking offense, illegal re-entry into the United States after a prior deportation or removal, and possession of a firearm by an illegal alien. Astudillo Carbajal had pleaded guilty on February 1, 2018.
According to court documents, on May 24, 2017, in a parking lot in Ocala, Carbajal’s co-defendant, Simon Rodriguez-Flores (48, Ocala), sold a cooperating witness approximately 4 ounces of crystal methamphetamine. On June 2, 2017, at the same location, Rodriguez-Flores delivered 2 kilograms of crystal methamphetamine to the same cooperating witness and was arrested by agents from the Drug Enforcement Administration. The agents also detained Tirso Hernandez-Astudillo (35, Ocala), who was a passenger in Rodriguez’s car.
Immediately after the arrest, a search warrant was executed at a residence on in Ocala that Hernandez-Astudillo shared with Carbajal. Upon entering the home, law enforcement officers observed Carbajal backing away from the front door and reaching backwards toward a kitchen counter. On the counter, officers discovered a loaded 9 mm pistol, which was later determined to belong to Carbajal. Also recovered from the home were items used in the manufacture and packaging of crystal methamphetamine.
From another residence across the street, where Hernandez-Astudillo had been observed earlier in the day, agents recovered a suspicious package containing approximately one kilogram of an undetermined powdery substance, later analyzed and determined to contain fentanyl.
According to court records, Carbajal also previously had been convicted for illegally reentering the United States at the time of his arrest on June 2, 2017. Carbajal was a citizen of Mexico and was in the United States illegally. He had been deported and removed from the United States to Mexico on three prior occasions.
On May 24, 2018, Sr. Judge Whittemore sentenced Tirso Hernandez-Astudillo (35, Ocala) to 20 years in federal prison following guilty verdicts by a federal jury on felony drug charges. On the same date, Simon Rodriguez-Flores (48, Ocala) was sentenced to 11 years’ imprisonment for his role in the drug conspiracy. Rodriguez-Flores and Hernandez-Astudillo were also in the United States illegally.
This case was investigated by the Gainesville Resident Office of the Drug Enforcement Administration, assisted by task force officers from the Gainesville Police Department, the Alachua County Sheriff’s Office, the Ocala Police Department, the Levy County Sheriff’s Office, and the Union County Sheriff’s Office. The Marion County Unified Drug Enforcement Strike Team assisted in the execution of the search warrant and the arrests. It was prosecuted by Assistant United States Attorney Dale R. Campion.
Jury Finds Kazakhstani Man Guilty of Marriage Fraud and Uzbekistani Man Pleads Guilty to Marriage Fraud as Part of Marriage Fraud Ring InvestigationRead the Press Release
Orlando, Florida – A federal jury has found Valeriy Tsoy (35, a citizen of Kazakhstan) guilty of marriage fraud. On July 23, 2018, Zafar Bakhramovic Yadigarov (27, citizen of Uzbekistan) pleaded guilty to marriage fraud and conspiracy to commit marriage fraud. Each faces a maximum penalty of five years in federal prison. Tsoy’s sentencing hearing is scheduled for October 24, 2018. Yadigarov’s sentencing is scheduled for October 10, 2018.
Tsoy and Yadigarov were indicted on August 30, 2017.
According to court documents, in October 2015, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations worked with the Brevard County Clerk of the Court to investigate a significant surge in the number of aliens from Uzbekistan, Kazakhstan, Kyrgyzstan, and other former Soviet countries fraudulently marrying U.S. citizens in Brevard County. The leader of the marriage fraud ring, Dennis Yakovlev, admitted to facilitating at least 50 sham marriages over an 18-month span. The foreign nationals, who were from Ukraine, Russia, Kazakhstan, Tajikistan, Uzbekistan, China, India, Belarus, and Turkey, traveled to Brevard County from around the United States. Yakovlev claimed that he was typically paid $1,000 to $2,000 per sham marriage and that the American citizens were paid between $10,000 and $20,000 each. Many of the aliens who engaged in these marriages initially entered the country on student visas, but later fell out of legal status. Nine individuals, including Tsoy and Yadigarov, have been convicted of marriage fraud charges during the course of this investigation.
The testimony and evidence in Tsoy’s trial indicated that, in 2015, Tsoy was living in Brooklyn, New York on an expired visa. In an effort to gain permanent residence in the United States, he sought out the services of a fraudulent wedding facilitator (Yakovlev). Tsoy then traveled to Brevard County to marry a U.S. citizen (April Moore). In exchange for the marriage and the filing of immigration documents, Tsoy paid Yakovlev, Moore, and a recruiter approximately $10,000. Tsoy spent a few hours with Moore before marrying her on July 6, 2015, at the courthouse in Titusville.
According to court documents,while living on a temporary student visa in Brooklyn in 2015, Yadigarov traveled to Brevard County to meet with Yakovlev and a U.S. citizen wife-to-be (Meghan Toole). Shortly thereafter, Yadigarov married Toole and returned to Brooklyn. Yadigarov and Toole filed immigration paperwork in an effort to secure his legal permanent residence.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Enforcement and Removal Operations, U.S. Citizenship and Immigration Services – Fraud Detection and National Security, and the Brevard County Sheriff’s Office, with assistance from the Brevard County Clerk of the Court. Special Assistant U.S. Attorney Brandon Bayliss, on assignment from the Office of the Principal Legal Advisor, ICE, prosecuted the case with Assistant United States Attorney Ilianys Rivera Miranda.
Four Foreign Nationals Indicted for International Cocaine Smuggling ConspiracyRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Jorge Lucas Murillo (28, Ecuador), Carlos Patron Marchan (20, Ecuador), Weimar Valencia Campaz (28, Colombia), and Abraham Lopez Mendoza (47, Mexico) with conspiracy to possess with the intent to distribute five kilograms or more of cocaine. If convicted, each faces a maximum penalty of life in federal prison and a $10 million fine for each count.
This indictment arose out of a July 9, 2018, interdiction of a drug smuggling vessel in international waters by the U.S. Coast Guard (USCG) Cutter ALERT. As part of the interdiction, the USCG seized approximately 1,200 kilograms of cocaine.
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 until, and unless, proven guilty.
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command’s Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. It is being prosecuted by Special Assistant United States Attorney Nicholas G. DeRenzo.
Former Air Force Pilot Sentenced for International Parental KidnappingRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Andrew Haley Morcombe (51, United Arab Emirates) to the maximum term of three years in federal prison for international parental kidnapping. The court also ordered Morcombe to pay a $95,000 fine and $90,000 in restitution.
Morcombe was found guilty by a federal jury on April 23, 2018.
According to evidence presented at trial, Morcombe kidnapped his daughter on May 2, 2014, during a weekend of scheduled time-sharing. To do so, he falsified court records and submitted an emergency passport application to British Consulate officials containing false information on behalf of his daughter. Morcombe and his daughter then flew out of the United States, and ultimately, onto the United Arab Emirates, a country with which the United States has no extradition treaty. Morcombe’s actions violated a then-pending state court order, which prohibited him from departing the United States with his daughter without court authorization and from applying for a new or replacement passport on behalf of his daughter.
Morcombe asserted a statutory affirmative defense at trial under Section 1204(c)(2), claiming that he kidnapped his daughter so as to flee domestic violence. Evidence and testimony introduced at trial, however, showed that Morcombe had no evidence that his daughter had ever been abused.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Stacie B. Harris and Kaitlin R. O’Donnell.
Federal Jury Convicts Felon in Possession of FirearmRead the Press Release
Orlando, Florida – A federal jury has found Courtney Rashon Johnson (43, Orlando) guilty of possessing a firearm as a convicted felon. Johnson faces a minimum mandatory penalty of 15 years, and up to life, in federal prison. His sentencing hearing is scheduled for October 11, 2018.
Johnson was indicted on March 28, 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, throwing the .38-caliber revolver that he had been carrying. Johnson has had multiple prior felony convictions and, therefore, is 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.
Repeat Offender Pleads Guilty to Defrauding A Church and Other VictimsRead the Press Release
Tampa, Florida –Victor Thomas Clavizzao (56, St. Petersburg) has pleaded guilty to wire fraud. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Clavizzao, going by the name of “Victor Thomas,” opened a series of companies, and represented to others, including a local church, that he had the ability to help them conduct real estate transactions. Clavizzao convinced the church, which was seeking to construct a new building, to give him money. The church members believed that the money they gave to Clavizzao would be used to secure financing and to handle issues related to their construction project. Instead of aiding the church, Clavizzao used $16,350 of the church’s funds for his personal benefit.
When Clavizzao began his scheme, he was on federal supervised release for another real-estate-related fraud conviction.
This case was investigated by the FBI. It is being prosecuted by Assistant United States Attorney Thomas N. Palermo.
Arms Trafficker Sentenced for Illegally Shipping Handguns to DominicaRead the Press Release
Tampa, Florida – U.S. District Judge Susan Bucklew today sentenced Edger Edmund Francis (29, Tampa) to 10 months in federal prison for conspiracy to smuggle goods from the United States. Francis pleaded guilty on April 23, 2018.
According to court documents, on September 22, 2016, Francis rented a U-Haul truck and drove it from Tampa to a shipping company in Riviera Beach, Florida. In Riviera Beach, Francis arranged to ship a barrel containing three handguns and hundreds of rounds of ammunition, concealed among various household goods. The barrel was destined for Roseau, Dominica, and records showed that Francis had bought the household items from a store in Tampa, just before making the trip. Francis never applied for, or received, an export license or other written prior approval to ship the guns or ammunition outside of the United States.
On or about October 26, 2016, the Commonwealth of Dominica Police Force searched the barrel and found the guns and ammunition hidden inside.
“This case is an example of HSI’s dedication to stopping smuggled weapons before they fall into the hands of criminals who pose a threat to public safety both here and abroad,” said Homeland Security Investigations Special Agent in Charge James C. Spero.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, including its Attaché Caribbean, with assistance from the Commonwealth of Dominica Police Force. It was prosecuted by Assistant United States Attorney Patrick Scruggs.
Two Honduran Citizens Indicted for False Statements, Identity Theft, and Conspiracy to Defraud the Internal Revenue Service of Payroll TaxesRead the Press Release
Jacksonville, Florida – A federal grand jury has returned a superseding indictment charging Fanny Melina Zelaya-Mendez (39, Jacksonville) with making false statements to a federal agent, aggravated identity theft, and three counts of conspiracy to defraud the Internal Revenue Service (IRS) of federal payroll taxes, specifically, Social Security tax, Medicare tax, and income tax. Roger Omar Zelaya-Mendez (34, Jacksonville) has been charged with one count of conspiracy to defraud the IRS. These charges are in addition to previously filed charges. Specifically, on May 2, 2018, Fanny Melina Zelaya-Mendez was charged with three counts of conspiracy to commit wire fraud and Roger Omar Zelaya-Mendez was charged with one count of conspiracy to commit wire fraud and one count of illegally re-entering the United States after a prior deportation. The newly-filed false statements and tax fraud charges each carry a maximum penalty of five years in federal prison, and the aggravated identity theft charge carries a mandatory prison sentence of two years that must be served consecutively to any other sentence. Fanny Melina and Roger Omar Zelaya-Mendez are Honduran citizens who are illegally present in the United States.
The indictment also notifies the defendants that the United States intends to seek forfeiture of $1,033,485, the approximate amount of proceeds obtained as a result of the wire fraud offenses, and an additional $399,575 of seized funds, and two seized vehicles – a 2014 Dodge Ram pick-up and a 2012 GMC Yukon Denali.
The indictment alleges a fraudulent scheme in which construction contractors entered into agreements with shell companies, established by Fanny Melina and Roger Omar Zelaya-Mendez, that arranged for work crews, mostly made up of undocumented aliens, to work on the contractors’ projects. The contractors wrote payroll checks to the shell companies for the work performed by the workers. Fanny Melina and Roger Omar Zelaya-Mendez then cashed the checks, kept 4% as a fee, and distributed the remaining cash to work crew leaders, who then paid the workers. By obtaining and paying the workers through the shell companies, the contractors could disclaim responsibility for ensuring that the workers were legally authorized to work in the United States, that adequate workers’ compensation insurance was provided, and that required payroll taxes were paid.
During the period of the scheme, a total of approximately $25,837,141 of payroll funds passed through the shell companies. Neither the defendants nor the contractors remitted payroll taxes to the IRS. According to the IRS, the estimated amount of payroll taxes due on the total wages is approximately $6.5 million.
When Fanny Melina Zelaya-Mendez was arrested on May 4, 2018, she gave a false name to an immigration officer and claimed to be a U.S. citizen who had been born in Puerto Rico. She also presented a valid Florida Identification Card which she had obtained in the false name. Subsequent investigation revealed that the identity that she had adopted was for a real U.S. citizen who was born in Puerto Rico and that Fanny Melina Zelaya-Mendez had obtained the Florida ID card using a genuine Puerto Rico birth certificate and a genuine Social Security card.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Tampa Felon Sentenced to More Than 19 Years for Unlawfully Possessing FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Reginald Hollie a/k/a Reginald Bedford (35, Tampa) to 19 years and 7 months in federal prison for possessing a firearm as a convicted felon. The court also ordered Hollie to forfeit the firearm that was used in the offense.
A federal jury found Hollie guilty on April 25, 2018.
According to testimony presented at trial, on the evening of September 23 and into the early morning hours of September 24, 2017, a friend of Hollie’s was ejected from a bar in Ybor City by the establishment’s security team. Hollie, a convicted felon, became angry, obtained a firearm, returned to the bar, and threatened to shoot one of the security officers. Officers from the Tampa Police Department then attempted to make contact with Hollie, and ultimately found him in possession of a loaded firearm.
As a previously convicted felon, Hollie is prohibited from possessing a firearm or ammunition under federal law.
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.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Rachel Jones and Simon Gaugush.
Tampa Doctor Pleads Guilty to Distribution of Opioids Outside His DEA RegistrationRead the Press Release
Tampa, Florida – Jeffrey John Abraham (52, formerly of Tampa) has pleaded guilty to distributing controlled substances not specified in his Drug Enforcement Administration (DEA) registration. He faces a maximum penalty of four years’ imprisonment and a fine of up to $250,000. His sentencing date has not yet been set.
According to court documents, Abraham, a Florida-licensed physician, was employed at two local Veterans Affairs (VA) hospitals where he had applied for and obtained an official federal duty DEA registration number that was "limited to official federal duties," and specifically "restricted to government personnel for official duties only." This DEA registration was "not transferable on change of ownership, control, location or business activity." Abraham resigned from the VA in June 2017 and began working at a pain management clinic in Tampa, without first obtaining a new DEA registration.
From August 2017 through March 7, 2018, while working at the pain management clinic, Abraham wrote more than 2,000 prescriptions for Schedule II controlled substances, including over 600 prescriptions for hydromorphone (commonly known as Dilaudid) and over 1,000 prescriptions for oxycodone. In March 2018, Abraham resigned from working as a physician at the clinic. During the investigation of this case, Abraham admitted that his DEA registration did not authorize him to prescribe or distribute controlled substances in a private clinic setting after the date of his resignation from the VA, and agreed to surrender his DEA registration.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Greg Pizzo.
This case was investigated by the Opioid Fraud and Abuse Detection Unit located in the U.S. Attorney’s Office. On August 2, 2017, Attorney General Jeff Sessions announced the formation of the Opioid Fraud and Abuse Detection Unit in 12 federal districts to help combat the devastating opioid crisis ravaging families and communities. The unit focuses specifically on opioid-related health care fraud and abuse by using data to identify and prosecute health care professionals and others who are contributing to the prescription opioid epidemic.
Port Charlotte Woman Pleads Guilty to Health Care FraudRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Lisa McLaren Janick (47, Port Charlotte) today pleaded guilty to two counts of health care fraud. McLaren Janick faces a maximum penalty of 20 years in federal prison on each count. A sentencing date has not yet been set.
According to the plea agreement, McLaren Janick, while employed as a marketer for a home health agency, falsified documents relating to her husband’s (Dr. Janick’s) Port Charlotte medical office and created bogus referrals for the patients to receive medically unnecessary home health services. Dr. Janick previously pleaded guilty in a related case to obstruction of a federal audit. His sentencing hearing is scheduled on September 11, 2018.
This case was investigated by Federal Bureau of Investigation and the Department of Health and Human Services Office of Inspector General. It is being prosecuted by Assistant United States Attorney Rachel Jones.
Jacksonville Real Estate Investor Convicted of Passing Fraudulent Treasury ChecksRead the Press Release
Jacksonville, Florida – A federal judge has found Neil Andre Butler (46, Jacksonville) guilty of four counts of possessing and passing fraudulent U.S. Treasury checks. Butler faces a maximum penalty of 25 years in federal prison on each count. His sentencing hearing is scheduled for October 23, 2018.
Butler was indicted on October 4, 2017, and elected to be tried by the court, without a jury.
According to evidence presented at trial, Butler was a real estate investor who borrowed funds to buy distressed properties, intending to refurbish and “flip” them for a profit. When his business began to fail, in an effort to stave off his creditors, Butler manufactured and mailed his creditors four fraudulent checks. The checks totaled over $250,000 and were purportedly payable by the United States Treasury.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
Federal Jury Finds Jacksonville Man Guilty of Aggravated Sexual Abuse by ForceRead the Press Release
Jacksonville, FL– A federal jury today found Brian James Holland (23, Jacksonville) guilty of aggravated sexual abuse by force. Holland faces a maximum penalty of life imprisonment and a potential lifetime of supervision. His sentencing hearing is scheduled for October 22, 2018.
According to evidence presented at trial, a passenger with an intellectual disability, aboard the Carnival Cruise Line vessel, Elation, reported an incident of sexual abuse by force on February 27, 2018. The victim stated that she was in the cruise ship’s hot tub when Holland repeatedly 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 stated that Holland touched her genitals 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 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. It is being prosecuted by Assistant United States Attorneys Ashley Washington and Jay Taylor.
Pinellas Park Babysitter Sentenced for Producing Child Pornography of InfantRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell today sentenced Robert Joseph Ware (27, Pinellas Park) to 23 years in federal prison for producing child pornography. Ware had pleaded guilty on December 20, 2017.
According to court documents, on December 10, 2011, Ware produced three images of child pornography depicting him sexually abusing an infant that he had been babysitting. He sent the images via text message to an individual in New York. The investigation and prosecution of the individual in New York revealed the child pornography produced by Ware. When federal agents arrested Ware on May 9, 2017, he had 90 images of child pornography on his cellphone.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
“Only the worst depraved criminal would produce child pornography with an infant left in his care,” said HSI Tampa Special Agent in Charge James C. Spero. “This egregious crime reminds us all to remain vigilant in the protection of our children.”
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.
Orlando Man Sentenced to More Than 19 Years for Enticement of A Minor and Federal Income Tax FraudRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Andy William Bosch (43, Orlando) to 16 years and 8 months in federal prison for enticement of a minor to engage in sexual activity and for federal income tax fraud. Bosch pleaded guilty to both charges on March 29, 2018.
According to court documents, between March 10 and March 16, 2016, Bosch enticed a minor to travel from the Philippines to the United States to engage in sexual activity. Then, from October 20, 2016, to February 15, 2017, he used a cell phone to coerce the same minor to engage in sexual activity.
Furthermore, both independently and as part of his federal tax preparation business (BBG Tax Services), Bosch helped to prepare and file fraudulent federal income tax returns from 2012 to 2017. The losses for the false tax returns charged in the indictment totaled $135,801.
The enticement case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the U.S. Border Patrol, U.S. Citizenship and Immigration Services, with assistance from the U.S. Marshals Service, and the Osceola County Sheriff’s Office. The tax fraud case was investigated by the Internal Revenue Service – Criminal Investigation.
“HSI’s extensive international reach helped stop this criminal in his tracks,” said HSI Special Agent in Charge James C. Spero. “This sentencing underscores the combined efforts of federal, state, and local law enforcement in working to stop predators from harming children.”
Both cases were prosecuted by Special Assistant United States Attorneys Christina R. Downes and Brandon Bayliss, on assignment from the Office of Principal Legal Advisor, ICE, in the Middle District of Florida.
Convicted Sex Offender Sentenced to More Than 27 Years in Prison for Distributing Child PornographyRead the Press Release
Ocala, Florida – U.S. District Judge Roy B. Dalton today sentenced Michael Philip Auld (31, Ocala) to 27 years and 3 months in federal prison for distributing child pornography. Following the prison sentence, Auld, a registered sex offender, must serve a lifetime on federal supervised release. The court also ordered him to forfeit a cellphone he had used in the commission of the crime. Auld pleaded guilty on April 3, 2018.
According to court documents, on October 23, 2016, Auld distributed images of child pornography over the internet using his cellphone. At the time of the offense, he was serving a life term of supervised release on another federal child pornography conviction. Acting on a tip from an internet service provider, law enforcement officers executed a search warrant at Auld’s home on January 11, 2018. Investigators seized electronic devices from Auld’s bedroom, including the cellphone. Auld had been using the phone to receive, possess, and distribute hundreds of images of child pornography since at least 2016. In saved internet conversations on the phone, Auld also graphically described his fantasies of sexually assaulting a young girl and an infant.
“This serial predator has proven he will prey on children at every opportunity,” said Homeland Security Investigations (HSI) Tampa Special Agent in Charge James C. Spero. “While already on probation for child pornography, he continued his pattern of abuse, which has ended thanks to HSI special agents, the Marion County Sheriff’s Office, and the prosecution team.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
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.
Baker County Man Indicted on Federal Charge of Failure to Register as A Sex OffenderRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Joshua Dale Whitt (25, Macclenny) with failing to register as sex offender. If convicted, Whitt faces up to 10 years in federal prison and a $250,000 fine.
According to the indictment, on or about January 2, 2013, Whitt was convicted of unlawful sexual conduct with a minor in Clermont County, Ohio. Subsequent to his conviction and between January 22, 2018, and May 2, 2018, he traveled from Ohio to Florida and failed to register as a sex offender as required by the Sex Offender Registration and Notification Act.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the United States Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders.
This case was investigated by the Baker County Sheriff’s Office, the United States Marshals Service, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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 until, and unless, proven guilty.
St. Augustine Sex Offender Charged with Child Exploitation OffensesRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Kenneth Brian Hanger (46, St. Augustine) with attempted online enticement of a minor, attempted production of child pornography, and online solicitation of child pornography. In 1994, Hanger was convicted of aggravated indecent assault in Bradford County, Pennsylvania and is required to register as a sexual offender. Because of his prior child sex offense conviction, Hanger faces cumulative enhanced penalties in this case of 70 years, and up to life, in federal prison. On July 6, 2018, Hanger was ordered detained pending his trial.
According to court documents, on May 22, 2018, a detective with the St. Johns County Sheriff’s Office (SJSO) reviewed sexual offender registration information provided by Hanger. Hanger disclosed his use of a Facebook account that did not list his true name. Posing as a minor child, the detective sent a “friend request” to this account, and Hanger accepted this request and made online contact with the “child.” Between May 24 and June 5, 2018, Hanger and the “child” engaged in online conversations on several occasions using a texting application. Hanger was advised and acknowledged that the “child” was 13 years old.
On June 1, 2018, Hanger raised the topic of sexual activity between himself and the “child” and suggested meeting to engage in sex. On June 4, 2018, Hanger and the “child” again discussed meeting for sex, and Hanger sent the “child” an explicit photo of himself. Hanger suggested that they would need to use condoms so that the “child” would not become pregnant and Hanger would not “leave any DNA.” Later that day, Hanger asked the “child” to send him a graphic video depicting “her” genitalia. The next day, SJSO detectives arrested Hanger at his home.
This case was investigated by the St. Johns County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Four Indicted for Conspiring to Distribute More Than Two Kilograms of Heroin in Manatee CountyRead the Press Release
Tampa, FL – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Rafael Sanchez (30, Palmetto), Jerome Miller (29, Bradenton), James McClinton (39, Orlando), and Jose Venegas (23, Dade City) with conspiring to distribute more than a kilogram of heroin and possession with the intent to distribute more than a kilogram of heroin. If convicted on all counts, each faces a mandatory minimum penalty of 10 years, and up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit assets and property that are alleged to be traceable to proceeds of the offense.
According to court documents, special agents from the Drug Enforcement Administration executed a search warrant at a house in Dade City, where the defendants were involved in converting pure heroin for street distribution in Manatee County. During the search, agents recovered approximately 1,400 grams of pure heroin and over 900 grams of cutting agents that were to be added to the pure heroin, for a total of more than two kilograms of distributable heroin. Agents also seized approximately two ounces of methamphetamine, crack cocaine, and a handgun.
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 Drug Enforcement Administration, in collaboration with the Manatee County Sheriff’s Office, the Pasco Sheriff’s Office, the Polk County Sheriff’s Office, and the Hardee County Sheriff’s Office. It will be prosecuted by Assistant United States Attorneys Dan Baeza and Greg Nolan.
This case is the result of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation. 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.
U.S. Attorney's Office Hosts Roundtable on Sexual Harassment in HousingRead the Press Release
Tampa, FL - The U.S. Attorney’s Office for the Middle District of Florida (MDFL) and the Justice Department’s Civil Rights Division hosted a roundtable today for community organizations to discuss the problem of sexual harassment in housing, U.S. Attorney Maria Chapa Lopez announced. More than 50 community partners, including local law enforcement agencies, legal aid offices, fair housing organizations, domestic violence centers, housing authorities, and other housing providers from across the MDFL attended. Participants included organizations that often work with vulnerable populations who are most likely to become the victims of sexual harassment in housing.
The Department of Justice, through the various U.S. Attorneys’ Offices and the Civil Rights Division, enforces the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act. Sexual harassment in housing may appear in many forms, including allegations involving individuals who sexually expose themselves to current or prospective tenants, request sexual favors in exchange for reduced rents or making necessary repairs, make unrelenting and unwanted sexual advances to tenants, and evict tenants who resist their sexual overtures.
“Fair housing is a protected right,” said U.S. Attorney Chapa Lopez. “No one should ever have to surrender their dignity in exchange for a place to live. Sexual harassment, intimidation, and the abuse of power and position by landlords, property managers, or their employees should never be used as keys of extortion. Our office is committed to working with our community partners to expose such violations and prosecute them vigorously.”
In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative, an effort to combat sexual harassment in housing. On April 12, 2018, Attorney General Jeff Sessions announced the nationwide expansion of that initiative and the formation of a joint task force with the Department of Housing and Urban Development to address this issue. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of the Justice Department's enforcement efforts among survivors and responsible agencies, and collaborate with federal, state, and local partners to increase reporting, and connect survivors with federal resources.
Through roundtable discussions like those held today, the U.S. Attorney’s Office is working closely with the Civil Rights Division to spread information to local communities about fair housing laws and resources available to victims of sexual harassment in housing. During the meetings, various entities exchange ideas on how to better detect, report, and enforce violations. In addition, various strategies are discussed on how to better share critical resources and strengthen interdisciplinary partnerships throughout central Florida.
Many instances of sexual harassment in housing continue to go unreported. Not only should victims of sexual harassment be aware of the Justice Department’s enforcement efforts, but a concerted effort must be made by the public at-large to encourage others to become involved and report acts of misconduct. In addition to the local authorities, victims should report violations to the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office. The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact them by calling 1-(844) 380-6178 or emailing [email protected].
In support of the Sexual Harassment in Housing Initiative, U.S. Attorney Chapa Lopez has produced Public Service Announcements (PSAs) specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment. (See below to download MDFL PSAs).
Individuals who believe that they may have been victims of a civil rights violation may also file a complaint with the U.S. Attorney's Office.
MDFL Civil Rights Unit
Phone: (813) 274-6095
Email: [email protected]
www.justice.gov/usao-mdfl/civil-rights
Georgia Couple Charged in Mortgage Fraud SchemeRead the Press Release
Orlando, FL – A federal indictment has been unsealed charging Geo Geovanni (49) and Elizabeth Longerbone (39), both of Moultrie, Georgia, with conspiracy to commit bank fraud and four counts of bank fraud. If convicted, each faces a maximum penalty of 30 years in federal prison for each count.
According to the indictment, Geovanni and Longerbone devised and executed a mortgage fraud scheme involving “The Landing,” a condominium conversion of a former apartment complex located in Altamonte Springs. The scheme involved providing the cash-to-close funds on behalf of the buyers, guarantying tenants and rental payments to the buyers, as well as paying post-closing kickbacks of mortgage proceeds to buyers and co-conspirators through entities that Geovanni and Longerbone controlled. None of the incentives or kickbacks were disclosed to the financial institutions that had approved and funded the mortgage loans.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the FBI. It will be prosecuted by Special Assistant United States Attorney Chris Poor.
Bradenton Fentanyl Trafficker Sentenced to PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Bobby Harper (23, Bradenton) to five years in federal prison for distributing more than 40 grams of fentanyl. Harper pleaded guilty on April 23, 2018.
According to court documents, on April 12, 2017, a Drug Enforcement Administration undercover agent (“UC”) and a confidential informant (“CI”) made a controlled purchase of narcotics from Harper. The CI called Harper and requested two ounces of heroin. Harper agreed to meet the CI at a location in Manatee County and sell him two ounces of heroin for $5,600. Once at the meeting location, Harper entered the UC’s vehicle and exchanged the package containing the drugs for the cash. A subsequent lab test revealed that the substance weighed 56.694 grams and was a mixture of heroin and fentanyl.
This case was investigated by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shauna S. Hale. This case is the result of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation entitled “Hot Batch.” The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
United States Settles False Claims Act Allegations Against Liberty Ambulance for $1.2 MillionRead the Press Release
Jacksonville, FL – Today, after a multiple-year investigation and the government’s intervention into a whistleblower suit in 2015, the United States announces a $1.2 million settlement with Liberty Ambulance. In reaching this settlement, the parties have resolved allegations that, from June 29, 2005, to January 2016, Liberty Ambulance knowingly up-coded claims for life support services from “Basic” to “Advanced” without justification, unnecessarily transported patients, and unnecessarily transported patients to their homes in an emergent fashion.
“The United States Attorney’s Office is committed to taking the steps necessary to protect Medicare, TRICARE, and other federal healthcare programs from fraud and abuse,” said U.S. Attorney Maria Chapa Lopez. “Whenever founded, our Office will vigorously pursue these cases and recover taxpayers’ money.”
“When health care providers participate in fraudulent billing schemes in order to increase profits, they steal from the pockets of the taxpayer and jeopardize federal healthcare programs,” said Shimon Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to be relentless in our efforts to hold such providers accountable.”
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program,” said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees.”
Today’s settlement involved false claims submitted to Medicare, TRICARE, Medicaid, and the Federal Employees Health Benefits Program managed by the Office of Personnel Management. The claims resolved by this settlement are allegations only, and there has been no determination of liability. This case was initiated by the filing of a qui tam lawsuit filed by Shawn Pelletier, a former employee of Liberty Ambulance. Mr. Pelletier collected more than $1.2 million in proceeds from prior settlements, and will receive approximately $264,000 from the present settlement with Liberty.
The government’s action in this matter illustrates its 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).
This case was investigated by the Federal Bureau of Investigation, the Office of Personnel Management, the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services - Office of Counsel to the Inspector General, the U.S. Department of Health and Human Services - Office of Inspector General, Office of Audit Services, the Florida Medicaid Fraud Control Unit, and the Defense Health Agency Program Integrity Office. It was handled by Assistant United States Attorney Shea Gibbons.
St. Augustine Sex Offender Charged with Solicitation of Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – Kenneth Brian Hanger (46, St. Augustine) has been arrested and charged by a federal criminal complaint with soliciting child pornography using the internet. In 1994, Hanger was convicted of aggravated indecent assault in Bradford County, Pennsylvania and is required to register as a sexual offender. Because of his prior sex offense conviction, he faces a mandatory minimum penalty of 25 years, and up to 50 years, in federal prison, and a potential life term of supervision. Hanger is currently being detained pending his detention hearing on July 6, 2018.
According to the criminal complaint, on May 22, 2018, a detective with the St. Johns County Sheriff’s Office (SJSO) reviewed sexual offender registration information provided to the SJSO by Hanger, in which Hanger disclosed his use of a Facebook account that did not list his true name. Posing as a minor child, the detective sent a “friend request” to this account and Hanger accepted this request and made online contact with the “child.” Between May 24, 2018 and June 5, 2018, Hanger and the “child” engaged in online conversations on several occasions using a texting application. Hanger was advised and acknowledged that the “child” was only 13 years old.
On June 1, 2018, Hanger raised the topic of sexual activity between himself and the “child” and suggested that he and the “child” meet to engage in sex. On June 4, 2018, Hanger and the “child” again discussed meeting for sex, and Hanger sent the “child” a photo of his penis. Later that same day, Hanger solicited the “child” to produce and send him a graphic video depicting “her” genitalia. Two days later, SJSO detectives arrested Hanger at his residence in St. Augustine. During an interview, Hanger admitted that he had engaged in online conversations with the 13 year old “child,” that he had sent “her” a photo of his own genitalia, and that he had stated his intentions to engage in sex.
This case was investigated by the St. Johns County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. 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 Attorney’s 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."
Methamphetamine Dealer Sentenced to 25 Years in PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. yesterday sentenced Michael Gordon Watson (41, Melbourne) to 25 years in federal prison for possessing with the intent to distribute more than 1 kilogram of methamphetamine, more than 3 kilograms of marijuana, and a large quantity of MDMA. Watson also possessed two loaded firearms at the time of his arrest, which the court ordered him to forfeit. Watson pleaded guilty on March 13, 2018.
On September 25, 2017, an officer with the Palm Bay Police Department conducted a traffic stop on a vehicle being driven by Watson and confirmed that Watson had a suspended driver’s license. During an interview with the officer, Watson admitted that he had been previously arrested for drugs and trafficking in methamphetamine. A police canine unit was dispatched to the scene and alerted positively to the presence of drugs in Watson’s vehicle. During a subsequent search of the vehicle, officers located two loaded firearms, methamphetamine, marijuana, MMDA, and $13,180 in cash.
This case was investigated by the U.S. Drug Enforcement Administration and the Palm Bay Police Department. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
Professional Body Builder and His Steroid Supplier Sentenced to PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Donald McCloud Long (51, Jacksonville) to 18 months in federal prison for conspiracy to illegally distribute anabolic steroids. Judge Davis also sentenced Long’s steroid supply source, Gregory Allen Baker (30, Jacksonville), to 3 years in federal prison for the same offense and for money laundering. In addition, Long’s wife, Sarah Long (35, Jacksonville), was sentenced to a term of 42 months’ probation, which includes a 1-year term of home confinement.
The court also ordered Don and Sarah Long to forfeit $250,000, which are traceable as proceeds of the offense. Baker was ordered to forfeit a 2015 Land Rover Range Rover Sport, a 2008 Cadillac Escalade Luxury, a 2011 Yamaha Drive Electric Golf Cart, a 2013 Kia Soul Sport, a 2007 Yamaha Motorcycle, jewelry, and proceeds in the amount of $124,418. Baker also consented to the forfeiture $37,800 in additional proceeds.
Don and Sarah Long both pleaded guilty on January 22, 2018. Baker pleaded guilty on February 14, 2017. Eight others have been convicted as part of the conspiracy.
According to court documents, from January 2013 through September 27, 2016, Don and Sarah Long supplied many of their clients with anabolic steroids and human grown hormone (HGH) as part of their “Team Long” training regimen. The Longs provided instruction, dosage, and direction to Team Long athletes on how to consume steroids and HGH to prepare for bodybuilding competitions and other athletic endeavors.
Baker was the Longs’ primary source of supply for steroids and HGH and imported raw anabolic steroids and HGH from China. Baker manufactured the steroids into consumable form, then branded the product “AxioLabs” and distributed it for the Longs and others. After the federal investigation became known, Baker rebranded his anabolic steroid and HGH as “Razors Edge.”
These cases were part of “Operation Total Package,” led by the Drug Enforcement Administration (DEA). It was a collaboration among the DEA, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Postal Inspection Service, U.S. Customs and Border Patrol, the Jacksonville Sheriff’s Office, the Jacksonville Beach Police Department, the Green Cove Springs Police Department, the Internal Revenue Service – Criminal Investigation, and the U.S. Anti-Doping Agency. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
FWC Urogynecology, LLC Agrees to Pay $1.7 Million to Settle False Claims Act Liability for Misuse of Medicare Billing CodesRead the Press Release
Orlando, FL – United States Attorney Maria Chapa Lopez announces today that FWC Urogynecology, LLC, a network of urogynecology practitioners throughout Florida, has agreed to pay the United States $1,700,000.00 to resolve allegations that it violated the False Claims Act by knowingly billing the government for services that were inflated or that it did not provide.
The settlement relates to FWC Urogynecology’s use of Medicare billing codes with modifier 25. A provider’s use of a modifier on healthcare claims can allow additional payment from government programs. Here, FWC Urogynecology knowingly billed modifier 25 for services that were not billable or that it did not provide.
According to the settlement agreement, from February 1, 2012, through January 12, 2017, FWC Urogynecology knowingly billed modifier 25 to receive additional payment from the United States. For example, FWC Urogynecology’s physicians performed and billed for lavage treatments and pelvic floor therapies and then billed modifier 25 as if they provided another service, although no additional medical care was provided.
“A primary mission of the United States Attorney’s Office is protecting Medicare, TRICARE, and other federal health care programs from fraud,” said U.S. Attorney Maria Chapa Lopez. “Our Civil Division works tirelessly in the pursuit of providers who bill for services they do not provide to patients.”
“I applaud the Department of Justice and the U.S. Attorney for their untiring efforts to hold health care providers accountable to the American taxpayer,” said Vice Adm. Raquel Bono, director of the Defense Health Agency. “The Department of Justice’s efforts safeguard the health care benefit for American service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
“Misrepresenting alleged services to inflate costs is just plain and simple greed,” said Special Agent in Charge Shimon R. Richmond of HHS OIG. “We will continue to thoroughly investigate health care companies that engage in schemes to defraud the American taxpayer.”
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by a former employee of an FWC Urogynecology provider, Holly Loebl. Mrs. Loebl 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. Mrs. Loebl will receive $306,000 of the proceeds from the settlement with FWC Urogynecology.
This settlement resulted from an investigation coordinated by Assistant U.S. Attorney Jeremy R. Bloor, with assistance from the Defense Criminal Investigative Service, and the U.S. Department of Health and Human Services, Office of Inspector General.
The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The case is captioned United States ex rel. Holly Loebl v. Urogynecology Specialists of Florida, LLC and Florida Woman Care, LLC, Docket Number 6:16-cv-1722-Orl-37KRS. 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.
Tampa Man Sentenced to More Than Nine Years in Federal Prison for Tax and Identity Theft CrimesRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington has sentenced Tyrone Devlin (30, Tampa) to nine years and eight months in federal prison for conspiracy, theft of government property, access device fraud, and aggravated identity theft, related to his involvement in a stolen identity refund fraud scheme. The court ordered that this sentence be served consecutive to the 10-year prison term Devlin is currently serving in Florida state prison for unrelated crimes. The court also ordered Devlin to repay the IRS $435,499, which are the proceeds from the conspiracy. Devlin had pleaded guilty on March 26, 2018.
According to court documents, between May 2012 and June 2013, Devlin, Marquis Thornton, and others conspired to commit tax fraud and identity theft offenses. As part of the conspiracy, they obtained stolen identities, including Department of Veterans Affairs medical records, and used them to file fraudulent federal income tax returns. The fraudulent tax returns claimed refunds to which the conspirators knew they were not entitled. Devlin, Thornton, and their coconspirators obtained debit cards issued and/or registered in their own and other people’s names and directed that the debit cards be loaded with the fraudulently obtained tax refunds. They then used the debit cards to make ATM withdrawals and for other purchases and shared in the proceeds of the fraud. The conspirators filed more than 400 fraudulent tax returns claiming refunds that totaled more than $2.5 million and received more than $435,000 in proceeds.
Thornton previously pleaded guilty for his role in the scheme and was sentenced to six years and six months in federal prison.
“Identity thieves represent one of the greatest evils of our time. The damage they inflict on individuals and our economy cannot be overstated,” stated Special Agent in Charge Mary Hammond of IRS Criminal Investigation. “Criminals should know we are paying attention. IRS Special Agents are uniquely qualified and distinctly engaged in spearheading the effort to bring those like Mr. Devlin to justice. Devlin’s sentence buoys up the IRS mandate to protect the U.S. Treasury from would-be thieves, but, more importantly, this result we hope will provide some sense of relief to the victims.”
This case was investigated by the Internal Revenue Service Criminal Investigation, the Tampa Police Department, and the Department of Veterans Affairs Office of Inspector General. It was prosecuted by Assistant United States Attorneys Megan Kistler and Simon Gaugush.