Middle District of Florida
Press releases recorded for this federal judicial district.
Federal Jury Finds Licensed Firearms Dealer Guilty of Selling A Firearm and Ammunition to A Convicted FelonRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury has found Jay Loren Goldberg (51, Treasure Island) guilty of two counts of selling a firearm or ammunition to a convicted felon. Goldberg faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for October 3, 2018. Goldberg was indicted on April 5, 2018.
According to evidence presented at trial, in January 2017, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) obtained information that convicted felons were obtaining firearms from a firearm dealer at Fast and Easy Pawn in St. Petersburg. During an undercover operation, ATF special agents utilized a confidential informant (CI) who was prohibited from possessing firearms due to felony convictions. Between February 23 and April 26, 2017, the CI, while monitored and supervised by ATF special agents, made several visits to Fast and Easy Pawn and met with Goldberg, the store’s proprietor and a Federal Firearms Licensee (FFL). On February 23, 2017, the CI told Goldberg that he/she was a convicted felon. On March 2, Goldberg sold a firearm to the CI through a straw purchaser. (A “straw purchaser” is a person who is not the actual buyer of the firearm; the straw purchaser buys a firearm for another person.) The straw purchaser, who had no criminal record and could pass the required background check, accompanied the CI to the store. The CI spoke with Goldberg and selected the pistol the CI wanted to buy, and the straw purchaser provided Goldberg with identification and filled out the form for the background check. The CI and Goldberg discussed a holster for the firearm, and the CI told Goldberg to include the holster in the firearm sale. When the CI attempted to hand cash to Goldberg to pay for the firearm and holster, Goldberg said that the money had to come from the straw purchaser. The CI then handed the money to the straw purchaser, who immediately handed it to Goldberg. After the required three-day waiting period, the CI returned to Fast and Easy Pawn on March 8. On that date, Goldberg sold the CI a box of ammunition and provided the CI with the firearm and holster.
Goldberg sold the CI a shotgun on March 9, and another shotgun on March 28. On April 26, Goldberg sold the CI another box of ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorneys Michael Sinacore and Thomas Palermo.
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.
Serial Armed Robber and Accomplice Plead GuiltyRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that Antwan Williams (34, Bradenton) has pleaded guilty to two counts of brandishing a firearm during a robbery in connection with a series of armed robberies he committed in Manatee County. Williams faces a minimum mandatory penalty of 32 years, and up to life, in federal prison. Williams’s accomplice, Tronesh Sparkels Ackerman (24, Palmetto), has pleaded guilty to conspiracy to commit robbery and to aiding and abetting Williams in brandishing the firearm in connection with one of the robberies. Ackerman faces a minimum mandatory penalty of 7 years, and up to life, in federal prison.
According to their plea agreements, Williams and Ackerman robbed five businesses in Manatee County in August 2017. These businesses included four fast food restaurants and a convenience store. During each robbery, Williams entered the business, pointed a handgun at the employees and customers inside, and forced the employees to give him money from the business’s registers and safes. Ackerman acted as Williams’s getaway driver for each robbery.
Investigators identified Williams as a suspect based on a fingerprint obtained from the fifth robbery and then began surveillance of Williams and Ackerman. Within a few hours, as the officers watched, Williams and Ackerman attempted to rob another fast food restaurant, at which point the officers arrested them.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives, the Manatee County Sheriff’s Office, and the Bradenton Police Department. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.
This case was brought as part of Project Safe Neighborhoods (PSN), 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.
National Healthcare Fraud Takedown Results in Charges Against 601 Individuals Responsible for over $2 Billion in Fraud LossesRead the Press Release
Tampa, FL – U.S. Attorney Maria Chapa Lopez; Attorney General Jeff Sessions; Shimon R. Richmond, Special Agent in Charge for the U.S. Department of Health & Human Services Office of Inspector General; A.D. Wright, Special Agent in Charge of the DEA Miami Division; John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service-Southeast Field Office; Eric W. Sporre, Special Agent in Charge of the FBI Tampa Division; and Social Security Acting Inspector General Gale Stallworth Stone announced today that 21 individuals were charged in the Middle District of Florida for their alleged participation in various fraud schemes involving, among other things, health care fraud, distributing and dispensing controlled substances not for a legitimate medical purpose and outside the usual course of professional practice, conspiracy to solicit and receive health care kickbacks, and theft of government funds.
These charges are part of the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS announced today that from July 2017 to the present, it has excluded 2,700 individuals from participation in Medicare, Medicaid, and all other federal health care programs, which includes 587 providers excluded for conduct related to opioid diversion and abuse.
The charges announced today aggressively target schemes billing Medicare, Medicaid, TRICARE, and private insurance companies for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, including medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.
“Health care fraud is a betrayal of vulnerable patients, and often it is theft from the taxpayer,” said Attorney General Sessions. “In many cases, doctors, nurses, and pharmacists take advantage of people suffering from drug addiction in order to line their pockets. These are despicable crimes. That’s why this Department of Justice has taken historic new steps to go after fraudsters, including hiring more prosecutors and leveraging the power of data analytics. Today the Department of Justice is announcing the largest health care fraud enforcement action in American history. This is the most fraud, the most defendants, and the most doctors ever charged in a single operation—and we have evidence that our ongoing work has stopped or prevented billions of dollars’ worth of fraud. I want to thank our fabulous partners with the FBI, DEA, our Health Care Fraud task forces, HHS, the Defense Criminal Investigative Service, IRS Criminal Investigation, Medicare, and especially the more than 1,000 federal, state, local, and tribal law enforcement officers from across America who made this possible. By every measure we are more effective at finding and prosecuting medical fraud than ever.”
“As patients, individuals place great confidence in their healthcare providers to ensure that the treatment and care they receive is delivered at the highest level,” said U.S. Attorney Chapa Lopez. “As taxpayers, our citizens expect that the programs they fund are utilized as they are intended, in a safe and prudent manner, free from fraud and deception. We will continue to work with our partners to ensure that these expectations are met.”
According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over $2 billion in fraudulent billings. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims. Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.
“Health care fraud and opioid abuse are threats to this country, both in terms of the well-being of patients and the viability of government health care programs,” said Shimon R. Richmond, Special Agent in Charge for the U.S. Department of Health & Human Services Office of Inspector General. “This takedown sends a clear message that criminals who engage in health care fraud schemes and illicit opioid distribution will be caught. Working collaboratively with our state and federal partners, we will continue to bring these criminals to justice.”
“DEA is committed to ending the opioid crisis that continues to plague Florida and endanger the welfare of our communities. We are equally committed to preventing prescription drug abuse which facilitates addiction and too often results in death,” said DEA Miami Field Division Deputy Special Agent in Charge Jaime Camacho. “The DEA Miami Field Division will continue to work with our law enforcement partners to protect our communities and ensure that medical professionals do not abuse their authority by over-prescribing unnecessary controlled medications.”
John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service-Southeast Field Office stated, "As part of the National Health Care Fraud multi-agency joint effort, the DCIS-Southeast Field Office contributed significant resources and efforts to achieve a successful operation to effectively combat widespread fraud and abuse, and preserve the integrity of TRICARE, a vital DoD program serving U.S. service members, retirees, and their families."
“The FBI Tampa Division is committed to working collaboratively with our federal, state and local partners to address the opioid crisis and health care fraud in our communities. The tireless efforts put forth by the investigators and attorneys in this investigation will have a significant impact and we will continue to work with a sense of urgency to identify others involved in similar schemes,” said Eric W. Sporre, Special Agent in Charge of the FBI Tampa Division.
“We often find that people who try to defraud Social Security are also taking advantage of other government benefit programs,” said Social Security Acting Inspector General Gale Stallworth Stone. “That’s why we maintain strong partnerships with other Federal, State, and local agencies, because our responsibility to taxpayers doesn’t end at Social Security. SSA OIG will continue to work closely with our law enforcement partners to detect and prevent benefit fraud across the country.”
The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in 10 locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,700 defendants who collectively have falsely billed the Medicare program for over $14 billion.
This operation also highlights the great work being done by the Department of Justice’s Civil Division. In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2 billion in judgements and settlements related to matters alleging health care fraud.
Middle District of Florida Case Summaries
Tampa
Dr. Charles Gerardi has been charged with conspiracy, health care fraud, and obstruction of a federal audit. Gerardi is a licensed psychologist who was formerly associated with a group practice known as Geriatric Psychological Specialists (GPS). According to court documents, GPS contracted with nursing homes and other long-term care facilities to provide psychological services to residents. For years, Gerardi impermissibly billed Medicare for providing medically unnecessary psychotherapy to Medicare beneficiaries who suffered from severe dementia and, at times, he billed for psychotherapy when he was actually performing medication management, a non-covered service when performed by a psychologist. First Coast initiated an audit of Gerardi’s practices in 2012. Gerardi tried to obstruct the audit by creating phony patient records and providing those records to the auditor. Finally, when First Coast placed Gerardi on prepayment review for the 20-minute billing code he had used for years, Gerardi changed his submitted billing code to reflect 45-minute sessions but continued to provide patients only 20-minute sessions.
Dr. Zachary Bird was charged in a six-count indictment with distributing and dispensing controlled substances not for a legitimate medical purpose and outside the usual course of professional practice. Bird is an anesthesiologist that operated a pain management clinic called Physicians Wellness and Pain Specialists (PWPS) in Tampa. According to court documents, this clinic functioned as a “pill mill” where Bird prescribed large quantities of opiates to his patients. Specifically, from January 2015 to the end of May 2018, Bird prescribed approximately 5.2 million tablets of hydrocodone, methadone, morphine, and oxycodone at PWPS. Bird was arrested on June 25, 2018.
Dr. Jeffrey Abraham has pleaded guilty to a one-count information charging him with distribution of controlled substances not specified by his DEA registration. Abraham was previously employed at two local Veterans Affairs hospitals in the Tampa-area. As a VA physician, he was authorized by the DEA to write prescriptions for controlled substances only as part of official federal duties. According to the plea agreement, Abraham resigned from the VA to work at a pain management clinic in Tampa. His official federal duty registration was not transferable, and Abraham did not obtain a new DEA registration to write controlled substance prescriptions to the patients he saw while employed at the clinic. From August 2017 to March 2018, while at the clinic, Abraham wrote over 2,000 prescriptions for controlled substances, including more than 600 prescriptions for hydromorphone and over 1,000 prescriptions for oxycodone. On March 8, 2018, Abraham admitted to federal agents that he knew his official federal duty DEA registration number could not be used at the clinic, and agreed to surrender his DEA registration.
Alcira Mercedes Wells and her former husband, Edward Leonard Wells, Jr., have been charged with conspiracy, healthcare fraud, and aggravated identity theft. According to the indictment, between May 2014 and February 2015, Centurion Compounding, Inc., a marketing firm that was located in Florida, employed representatives to market compounded medications for conditions like pain and scars to beneficiaries of health care benefit programs, especially TRICARE. Lifecare and Oldsmar Pharmacies billed the beneficiaries’ health care benefit plans for these creams, which ranged in price from approximately $900 to $21,000 for a one-month supply. Lifecare and Oldsmar, at various times, paid Centurion a portion, approximately 50%, of each claim paid by the health care benefit programs, minus expenses, for each prescription. Centurion, in turn, paid its marketing representatives a percentage of each paid claim, which ranged from 15-30% of the total claim amount after expenses. From September 2014 to February 2015, Alcira Wells was a Connecticut-based Centurion marketing representative married to Edward L. Wells, Jr., who was in the Army stationed at Ft. Bragg in North Carolina. Alcira Wells obtained from her mother-in-law, a nurse at a Navy hospital in Jacksonville, Florida, signed prescription forms prescribing Centurion-marketed compounded creams to Edward Wells and his brother. These prescriptions featured Alcira Wells’s Centurion rep number and the signature of a physician in Jacksonville. After receiving these signed prescription forms, Alcira Wells, with Edward Wells’s knowledge and consent, photocopied or otherwise duplicated them. The Wellses then submitted numerous fraudulent prescriptions for Centurion-marketed compounded medications for U.S. Army personnel stationed at Ft. Bragg and others living in Connecticut, which prescriptions the Jacksonville-based physician never wrote, authorized, or knew about. Edward Wells handed out Centurion prescription forms to personnel stationed with him in North Carolina, most of whom were subordinate in rank, and paid and offered to pay these TRICARE beneficiaries to obtain the compounded creams. After the soldiers filled out or provided their identifiers, Edward transmitted the beneficiaries’ information to Alcira Wells in Connecticut; she then transferred it onto forms with the doctor’s duplicated signature. Alcira Wells submitted these prescriptions first to Centurion and then to Lifecare or Oldsmar Pharmacy for filling, and all were billed to TRICARE. Centurion paid and promised to pay Alcira Wells and those working with her commissions for each filled prescription. The total claimed amount or intended loss was at least $1,246,787.00 and the total amount paid by TRICARE was $1,061,137.16.
Dion Gregory Fisher and Samuel Blaine Huffman have been charged with conspiracy to possess with the intent to manufacture and distribute, and possession with the intent to distribute, counterfeit oxycodone pills made with fentanyl and a fentanyl analogue. Fisher is also charged with multiple counts of distributing the counterfeit oxycodone pills and engaging in money laundering-illegal monetary transactions using proceeds of the drug crimes.
Phillip Morose has been charged with conspiracy to possess with the intent to distribute and to distribute counterfeit oxycodone pills made with fentanyl and a fentanyl analogue.
Christopher McKinney has agreed to plead guilty to conspiring with Fisher, Morose and others to manufacture and distribute counterfeit oxycodone pills made with fentanyl and a fentanyl analogue. According to the plea agreement, Fisher and McKinney manufactured and sold counterfeit oxycodone pills. Fisher supplied the fentanyl and pill processing materials, and pressed the powder fentanyl into counterfeit oxycodone pills with the help of Huffman. McKinney sold the pills to Morose, using the U.S. Mail to exchange packages of pills and currency. His change of plea hearing is set for July 2, 2018.
Konrad Guzewicz has entered pleas of guilty to four counts of money laundering. According to the plea agreement, Guzewicz engaged in illegal monetary transactions involving proceeds of the drug crimes with which Fisher has been charged. Guzewicz admitted that Fisher recruited him to launder large sums of cash generated by the distribution of counterfeit oxycodone pills made with fentanyl and other controlled substances or analogues, and he personally participated in the laundering of at least $120,000 in drug proceeds for Fisher.
Caridad Limberg-Gonzalez and Dr. Thomas Carpenter have been charged with one count of conspiracy to commit health care fraud and wire fraud, four counts of health care fraud and three counts of making false statements in connection with heath care matters. According to the indictment, Limberg-Gonzalez owned Foundational Health, a Tampa-area clinic, and Carpenter was the medical director there. Between May 2011 and October 2016, Limberg-Gonzalez caused Foundational Health to submit $1.8 million in claims to Part B of the Medicare program listing Carpenter as the rendering physician. In truth, the services were provided by nurse practitioners, physician’s assistants, and medical doctors who were not enrolled in the Medicare program, all without any supervision by Carpenter. In addition, Limberg-Gonzalez gave Carpenter plans of care and face-to-face encounter forms authorizing home health services to sign. Carpenter signed the documents, even though he never saw or cared for the patients identified in those documents. According to the indictment, Accurate Home Health, a Tampa-area home health agency, relied on the documents that Carpenter signed to submit approximately $762,000 in claims to Part A of the Medicare program.
Roselle Fitzgerald has been charged with one count of theft of government funds, two counts of false statement to a federal agency, seven counts of counterfeit or forged securities, and three counts of fraudulent use of a means of identification. According to the indictment, Fitzgerald worked as a title closer at various law firms while simultaneously obtaining Social Security Disability Insurance and Medicare benefits to which she was not entitled. She also made material false statements to employees of the Social Security Administration regarding her work activity. In addition, Fitzgerald possessed counterfeit or forged checks from the law firms at which she was employed and used the means of identification of others in connection with the counterfeit or forged checks. The indictment also notifies Fitzgerald that the United States is seeking a money judgement in the amount of $192,091.20, the proceeds of theft of government funds and the counterfeit or forged securities.
Orlando
Erving Rodriguez was charged by information with one count of conspiracy to solicit and receive health care kickbacks. The charge stems from Rodriguez’s role as the owner of ER Pro Corp., a marketing company that purportedly provided marketing services to pharmacies. According to court documents, from approximately January 2015 through August 2015, Rodriguez was involved in a scheme whereby he was paid by Life Worth Living Pharmacy for sending prescriptions for expensive compounded creams to the pharmacy that were ultimately billed to TRICARE. Rodriguez received approximately $3,185,155.96 in kickback payments for prescriptions that were ultimately billed to TRICARE for approximately $7,625,263.38.
Homer Zulaica was charged by information with conspiracy to offer and pay health care kickbacks stemming from his role as a sales representative for QMedRX, a compounding pharmacy. According to court documents, from approximately May 2013 through April 2014, Zulaica paid health care kickbacks to, among others, a physician and TRICARE beneficiaries in return for prescribing and receiving expensive compounded prescriptions that were billed to TRICARE. As a result of these kickbacks, TRICARE paid QMedRX approximately $1,271,198.68.
Dr. Christopher Devine was indicted on one count of conspiracy to commit health care fraud and wire fraud and two counts of health care fraud for his role in prescribing medically unnecessary compounded creams for TRICARE beneficiaries. According to the indictment, from approximately May 2013 through March 2015, Devine provided these prescriptions for medically unnecessary compounded drugs to a sales representative, Homer Zulaica, and in return received health care kickbacks. The compounded drugs were ultimately billed to TRICARE and resulted in a loss of approximately $1,640,363.98.
Omar Zoobi, a pharmacist and co-owner of Metro Pharmacy (“Metro”) and Metro RX Pharmacy LLC (“Metro RX”), and Gregory Sikorski, a physician’s assistant, were indicted in a 10-count indictment charging each with one count of conspiracy to commit health care fraud and wire fraud, four counts of health care fraud, and one count of conspiracy to defraud the United States and pay and receive health care kickbacks. Zoobi was also charged with two counts of paying health care kickbacks and Sikorski was charged with two counts of receiving health care kickbacks. The charges stem from a scheme whereby Zoobi and another co-conspirator allegedly paid kickbacks to Sikorski in return for prescribing medically unnecessary compounded creams that were billed by Metro and Metro RX to Medicare. Metro and Metro RX also billed Medicare for prescription drugs that were not dispensed or were not dispensed as prescribed. As a result of these actions, from approximately January 2012 through February 2018, Medicare paid Metro and Metro RX approximately $5,511,963.53.
Ashraf Badr, a pharmacist and co-owner of Metro Pharmacy (“Metro”) and Metro RX Pharmacy LLC (“Metro RX”), was charged by information with one count of conspiracy to commit health care fraud stemming from his role in a scheme whereby Badr and a co-conspirator paid a physician’s assistant kickbacks in return for prescribing medically unnecessary compounded creams that were billed to Medicare. Metro and Metro RX also billed Medicare for prescription drugs that were not dispensed. As a result of these actions, from approximately January 2012 through February 2018, Medicare paid Metro and Metro RX approximately $1,812,499.64.
Andres Arteaga Perez has been charged with one count of theft of government property and one count of aggravated identity theft. According to court documents, Perez applied for and received Social Security Disability Insurance Benefits, Supplemental Security Income, and Medicare benefits under a stolen identity. He received $423,602.80 in Social Security and Medicare benefits to which he was not entitled.
Ft. Myers
Dr. Michael Frey has pleaded guilty to two counts of conspiracy to receive healthcare kickbacks. In addition to his guilty plea, Frey has agreed to a civil settlement under which he will pay $2.8 million to the United States to resolve allegations that he violated the False Claims Act in a number of ways, including receiving illegal kickbacks and by ordering medically unnecessary laboratory tests. During the relevant period, Frey was a practicing interventional pain management specialist and one of the two principal owners of Advanced Pain Management Specialists, P.A., which is located in Fort Myers. Beginning in 2010, Frey conspired with the owners of A&G Spinal Solutions, LLC, a durable medical equipment provider, to receive compensation in exchange for referrals to A&G Spinal. Frey was paid a percentage of A&G Spinal’s profits based on his referrals and referrals from other providers at Advanced Pain. A&G Spinal rewarded Frey through checks made payable to his wife, creating the impression that Mrs. Frey was an employee of A&G Spinal, when she was not. The two principals of A&G Spinal, Ryan Williamson and William Pierce, have pleaded guilty to conspiring to pay healthcare kickbacks to Frey and are currently awaiting sentencing. In addition, from 2013 to 2015, Frey also received cash payments from Ryan Williamson in exchange for referrals of compound pharmaceutical pain cream prescriptions. Williamson has also pleaded guilty for his role in this arrangement. In his plea agreement, Frey also admitted that he had received kickbacks in the form of speaker fees paid to him in connection with his participation in largely bogus Insys Therapeutics, Inc. speaker event programs. Insys manufactures a fentanyl sublingual spray known as SUBSYS. Insys paid kickbacks to Frey to induce him to write prescriptions for their product. The civil settlement also resolves allegations that, between 2013 and 2016, Frey caused the submission of false claims to Medicare and TRICARE by ordering definitive Urine Drug Testing (“UDT”) in circumstances where such testing was not reasonable and medically necessary. In addition, the civil settlement resolves kickback allegations associated with anesthesia services provided by Anesthesia Partners of SWFL, LLC that was owned by Frey and his partner Dr. Jonathan Daitch. Anesthesia Partners provided anesthesia services exclusively for the procedures performed by the Advanced Pain physicians. They contracted with Certified Registered Nurse Anesthetists (“CRNAs”) to provide the anesthesia services. These CRNAs were paid a contracted rate, and Anesthesia Partners would bill Medicare and TRICARE directly for the anesthesia services they provided. This arrangement resulted in improper reimbursements to Frey as one of the owners of Anesthesia Partners.
The Middle District of Florida cases are being prosecuted by Assistant U.S. Attorneys Kelley Howard-Allen, Rachel Jones, Greg Pizzo, Amanda Riedel, Daniel Baeza, Simon Eth, and Gregory Nolan, Trial Attorneys Alexander Kramer and Timothy Loper of the Criminal Division’s Fraud Section, and Special Assistant U.S. Attorney Suzanne Huyler.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Additional documents related to today's national announcement are available here: https://www.justice.gov/opa/documents-and-resources-june-28-2018.
Jacksonville Felon Sentenced to More Than Eight Years for Committing Armed RobberyRead the Press Release
Jacksonville, FL – U.S. District Judge Timothy J. Corrigan today sentenced Roderick Randolph Lester (39, Jacksonville) to eight years and four months in federal prison for robbery, possessing a firearm as a convicted felon, and for violating his federal supervised release. The court also ordered Lester to forfeit the firearm and ammunition used in the offense.
Lester pleaded guilty on February 8, 2018.
According to court documents, on September 26, 2016, Lester went to a tire store in Jacksonville and asked the clerk for a used tire. Lester was quoted a price, and then told the clerk that he should not have to pay for the tire because of his business relationship with the owner of the store. The clerk informed Lester that he would need to contact the store’s owner to verify that information; Lester then cursed at the clerk and stated that he was taking the tire. Lester loaded the tire into his truck, at which point the clerk attempted to take the tire from him. Lester then pulled a pistol from a holster on his waist, pointed it at the clerk, and stated that he was taking the tire.
Officers with the Jacksonville Sheriff’s Office responded to the scene and apprehended Lester a few blocks from the tire store. A search of the scene revealed that Lester had discarded the pistol on top of a hedge nearby. The stolen tire was found in the back of Lester’s truck. During an interview with officers, Lester admitted that he had possessed the firearm and that he knew he was not allowed to carry firearms.
At the time of these incidents, Lester was on federal supervised release for a 2010 federal firearms conviction. He also had previous convictions for manslaughter, burglary, and an additional firearms possession charge, and therefore was prohibited by federal law from possessing firearms.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Convicted Felon Sentenced to More Than 10 Years for Possessing A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody has sentenced Lecardo Albury (32, Tampa) to 10 years and 8 months in federal prison for possessing a firearm as a convicted felon.
According to court documents, on July 13, 2017, Albury was pulled over for a traffic violation. A search of the vehicle revealed a .40 caliber pistol loaded with 10 rounds of ammunition, two plastic baggies with 114 grams of marijuana, a glass pipe, and a small scale. Albury has 13 prior felony convictions and therefore 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 Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Diego F. Novaes.
Colombian Man Sentenced to More Than 15 Years for Transporting CocaineRead the Press Release
Tampa, FL – U.S. District Judge Steven Merryday has sentenced Francisco Moreno-Valencia (40, Colombia, South America) to 15 years and 6 months in federal prison for conspiring with others to distribute five kilograms or more of cocaine on vessels subject to the jurisdiction of the United States. Moreno-Valencia pleaded guilty on February 15, 2018.
According to court documents, Francisco Moreno-Valencia was the right hand of his brother, Luis Moreno-Valencia, who was the organizational head of his Colombian-based drug trafficking organization. Francisco Moreno-Valencia was responsible for storing the cocaine and dispatching the mariners for several maritime smuggling ventures in international waters of the Eastern Pacific Ocean. In November 2014 and December 2015, the United States Coast Guard interdicted over 800 kilograms of cocaine aboard vessels commonly referred to as “go fast boats.” Francisco Moreno-Valencia was involved in the transportation of cocaine from Choco, Colombia, to Panama.
Luis Moreno-Valencia was sentenced to 17 years and 6 months in federal prison on May 17, 2018.
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 FBI, 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 Attorneys Thomas N. Palermo and Charlie Connally.
Lehigh Acres Man Sentenced to Twelve Years on Drug and Firearm ChargesRead the Press Release
Fort Myers, Florida – U.S. District Judge Sherri Polster Chappell has sentenced Alejo Guerrero (36, Lehigh Acres) to 12 years in federal prison for multiple firearms and controlled substance offenses.
According to court documents, federal and state authorities conducted multiple operations in 2016 and 2017 during which Guerrero sold cocaine and firearms, including an AK-47-type pistol with high capacity magazines, to an informant. Guerrero also armed himself during the transactions, once flashing a gun tucked into his waistband to explain why he wasn’t worried about bystanders witnessing a deal. In October 2017, law enforcement officers executed a search warrant on his Lehigh Acres home and found Guerrero, his girlfriend and an infant child, a stash of cocaine, thousands of dollars in cash, a bullet proof vest, and a .357 revolver inside the home. The Court ordered Guerrero to forfeit the cash to the United States as proceeds of his criminal activity.
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 Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael V. Leeman.
Duval County Man Sentenced to 57 Months in Federal Prison on Firearms ChargeRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced Derrick Burney (40, Jacksonville) to 57 months in federal prison for possessing a firearm as a convicted felon. Burney pleaded guilty on March 20, 2018.
According to court documents, on October 24 and 25, 2017, a confidential source acting at the direction of law enforcement made purchases of marijuana from Burney at a residence in Jacksonville. On October 27, 2017, as federal agents executed a search warrant at that residence, agents encountered Burney and others in the house. In the living room area, agents located a .38 revolver loaded with six bullets and a SKS Norinco rifle with a large capacity magazine that contained 30 bullets. Federal agents also located marijuana and drug paraphernalia used in the sale of narcotics, along with additional ammunition, throughout the residence. Additional investigation by law enforcement revealed that Burney was a multi-time convicted felon and therefore was prohibited under federal law from possessing a firearm or ammunition.
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 Violent Crime Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives Jacksonville Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Florida Man Sentenced to 10 Years in Federal Prison on Bomb ChargeRead the Press Release
Joshua Ryne Goldberg, 23, of Orange Park, Florida, was sentenced to 10 years in federal prison, to be followed by a lifetime of supervised release, for attempted malicious damage and destruction by an explosive of a building. Goldberg pleaded guilty on Dec. 20, 2017.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Maria Chapa Lopez for the Middle District of Florida, and Special Agent Charles P. Spencer FBI’s Jacksonville Field Office made the announcement after sentencing by U.S. District Judge Brian Davis.
According to the plea agreement, in the summer of 2015, the FBI and law enforcement officers from Australia began investigating the online name “AusWitness” and determined that it was Goldberg. He had come to the attention of law enforcement due in part to his postings concerning the May 3, 2015, attack by two gunmen at the Muhammad Art Exhibit and Contest in Garland, Texas. Prior to the attack, Goldberg posted a map of the location of the contest and urged anyone in the area to attack the event. Goldberg’s posting was copied by gunman Elton Simpson, one of the two individuals killed during the May 3, 2015, attack. The FBI later located an online posting in which Goldberg took responsibility for inspiring the Garland attack, as well as two other planned attacks.
In late July 2015, an FBI confidential human source (CHS) began exchanging messages with Goldberg as “AusWitness” on social media. Between July and mid-August 2015, Goldberg discussed getting an individual in Melbourne, Australia to carry out a terrorist attack and to have the CHS commit a bombing in the United States. During portions of those conversations, Goldberg sent the CHS five website links containing instructions for making an explosive device, including pipe bombs and other incendiary devices. On Aug. 20, 2015, Goldberg stated that he was thinking of pipe bombs at a large public event and later said that a pressure cooker bomb may be better. Later that month, Goldberg told the CHS that he had found the “perfect place” to target on Sept. 13, 2015, and sent the CHS a link to a Kansas City, Missouri firefighter’s event that memorialized first responders that had been killed in the September 11th attacks. On Aug. 27, 2015, Goldberg instructed the CHS to place the bomb near the crowd at the memorial event and to ensure it was very well hidden.
The following day, Goldberg provided the CHS with a list of items to use in the pressure cooker bomb, including shards of metal, nails and broken glass. He then instructed the CHS to dip screws and other shrapnel in rat poison before putting them in the pressure cooker bomb in order to inflict more casualties. Goldberg stated he would post a video of the bombing. A forensic analysis of the bomb making information determined that it could have been used to make explosives that would cause property damage, personal injury and/or death.
This case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force (JTTF) and the Clay County Sheriff’s Office. Members of the Jacksonville JTTF include the FBI, the Naval Criminal Investigative Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, U.S. Border Patrol, the Florida Department of Law Enforcement, Florida Highway Patrol, the St. Johns County Sheriff’s Office, and the Jacksonville Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorney Kevin C. Frein of the Middle District of Florida, with assistance provided by Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section.
Florida Man Sentenced to 10 Years in Federal Prison on Bomb ChargeRead the Press Release
Jacksonville, FL – Joshua Ryne Goldberg, 23, of Orange Park, Florida, was sentenced to 10 years in federal prison, to be followed by a lifetime of supervised release, for attempted malicious damage and destruction by an explosive of a building. Goldberg pleaded guilty on Dec. 20, 2017.
Assistant Attorney General for National Security John C. Demers, U.S. Attorney Maria Chapa Lopez for the Middle District of Florida, and Special Agent Charles P. Spencer of the FBI’s Jacksonville Field Office made the announcement after sentencing by U.S. District Judge Brian Davis.
According to the plea agreement, in the summer of 2015, the FBI and law enforcement officers from Australia began investigating the online name “AusWitness” and determined that it was Goldberg. He had come to the attention of law enforcement due in part to his postings concerning the May 3, 2015, attack by two gunmen at the Muhammad Art Exhibit and Contest in Garland, Texas. Prior to the attack, Goldberg posted a map of the location of the contest and urged anyone in the area to attack the event. Goldberg’s posting was copied by gunman Elton Simpson, one of the two individuals killed during the May 3, 2015, attack. The FBI later located an online posting in which Goldberg took responsibility for inspiring the Garland attack, as well as two other planned attacks.
In late July 2015, an FBI confidential human source (CHS) began exchanging messages with Goldberg as “AusWitness” on social media. Between July and mid-August 2015, Goldberg discussed getting an individual in Melbourne, Australia to carry out a terrorist attack and to have the CHS commit a bombing in the United States. During portions of those conversations, Goldberg sent the CHS five website links containing instructions for making an explosive device, including pipe bombs and other incendiary devices. On Aug. 20, 2015, Goldberg stated that he was thinking of pipe bombs at a large public event and later said that a pressure cooker bomb may be better. Later that month, Goldberg told the CHS that he had found the “perfect place” to target on Sept. 13, 2015, and sent the CHS a link to a Kansas City, Missouri firefighter’s event that memorialized first responders that had been killed in the September 11th attacks. On Aug. 27, 2015, Goldberg instructed the CHS to place the bomb near the crowd at the memorial event and to ensure it was very well hidden.
The following day, Goldberg provided the CHS with a list of items to use in the pressure cooker bomb, including shards of metal, nails and broken glass. He then instructed the CHS to dip screws and other shrapnel in rat poison before putting them in the pressure cooker bomb in order to inflict more casualties. Goldberg stated he would post a video of the bombing. A forensic analysis of the bomb making information determined that it could have been used to make explosives that would cause property damage, personal injury and/or death.
This case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force (JTTF) and the Clay County Sheriff’s Office. Members of the Jacksonville JTTF include the FBI, the Naval Criminal Investigative Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, U.S. Border Patrol, the Florida Department of Law Enforcement, Florida Highway Patrol, the St. Johns County Sheriff’s Office, and the Jacksonville Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorney Kevin C. Frein of the Middle District of Florida, with assistance provided by Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section.
Trinity Man Sentenced for Worker’s Compensation FraudRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore has sentenced Gary W. Rochevot (72, Trinity) to five years’ probation, with the first six months to be served on home detention, for making a false statement in connection with his worker’s compensation benefits. As part of Rochevot’s sentence, the court also ordered him to pay $123,434.89 in restitution. He pleaded guilty on March 23, 2018.
According to court documents, Rochevot was placed on the United States Department of Labor, Office of Worker’s Compensation Program’s (“OWCP”) long-term periodic role in February 2005, due to a 2004 work-related injury at the Orlando International Airport. Thereafter, he received a tax-free payment from the OWCP of approximately $5,500 per month. As a benefit recipient, Rochevot was required to complete and submit an OWCP CA-Form 1032 annually. The Department of Labor uses this form to determine whether an individual is entitled to receive OWCP benefits and/or whether such benefits should be adjusted. The form includes a specific warning that a false or evasive answer to any question, or the omission of an answer, could be grounds for forfeiting the compensation benefits and could subject the individual to civil liability. The warning language also specifically notes that a fraudulent answer could, among other consequences, result in criminal prosecution.
In September 2016, Rochevot completed and submitted the annual CA-Form 1032, as required. In response to one of the form’s questions concerning volunteer work, he answered that he had not performed any volunteer work during the previous 15 months. That material answer was false because Rochevot had previously worked as a volunteer “cart driver/greeter” for a large hospital, where he had routinely worked one day per week, including during September 2016. In addition, federal agents observed Rochevot engaging in routine physical activity throughout 2016, including yardwork, automobile maintenance, house maintenance, and routine errands (some of which involved heavy lifting). In October 2016, shortly after submitting the false CA-Form 1032, Rochevot also provided false answers to direct questions concerning his health status during a telephone call with a federal agent.
This case was investigated by the Transportation Security Administration Investigations. It was prosecuted by Assistant United States Attorney Jay G. Trezevant.
Tampa Man Sentenced to Ten Years in Federal Prison for Attempted Enticement of A MinorRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody today sentenced Danni McNaughton (45, Tampa) to 10 years in federal prison for attempted enticement of a minor. The court also ordered him to forfeit a cellphone that he had used in committing the offense.
According to court documents, between March 28, 2017, and October 11, 2017, McNaughton communicated online with an undercover officer, whom he believed to be a 13-year-old girl, and continually requested that the “child” send him pictures of herself. To induce such actions, McNaughton sent the “child” numerous images of his genitalia, as well as pictures of child erotica and a photo of child pornography. He also instructed the “child” on how to masturbate and discussed what types of sexual acts he would like to perform on her.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Diego F. Novaes.
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.
Former Duval County High School Teacher Pleads Guilty to Transporting Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – Jeremy Scott Clark (44, Ponte Vedra) today pleaded guilty to transporting images depicting child sexual abuse over the internet. He faces a minimum mandatory penalty of 5 years, and up to 20 years in federal prison, and a potential life term of supervision. A sentencing hearing has not yet been scheduled. Clark has been detained since his arrest on March 8, 2018. He was employed as a teacher at First Coast High School in Jacksonville.
According to court documents, on February 22, 2018, an individual using the screen name “LLCoolJack1973” responded to a message posted by an undercover FBI agent on an internet bulletin board frequented by individuals with a sexual interest in children. The user, later identified as Clark, began an online conversation with the undercover agent. After engaging in conversations about sexual activity with children, Clark sent an explicit photo of himself to the agent, along with a link to an online storage account containing images of young children being sexually abused. Further investigation traced the internet protocol address to Clark’s Ponte Vedra residence.
On March 8, 2018, law enforcement officers executed a search warrant at Clark’s home and seized his cellphone. FBI agents were able to confirm that the picture of the naked male sent to the undercover agent was that of Clark on his bed in his home. A forensic examination of Clark’s phone revealed that it contained the link to the online storage account previously sent to the agent.
This case was investigated by the FBI and the St. Johns County Sheriff’s Office. 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.
Federal Jury Finds Brevard County Doctor Guilty of Illegal Distribution of OxycodoneRead the Press Release
Orlando, Florida – A federal jury today found John M. Gayden, Jr. (64, West Melbourne) guilty of seven counts of distributing oxycodone outside the course of professional practice and for no legitimate medical reason. He faces a maximum penalty of 20 years in federal prison on each count. His sentencing hearing is scheduled for September 7, 2018. Gayden was indicted on September 28, 2016.
According to evidence presented at trial, between 2009, and continuing through 2011, Gayden ran a cash-only pain management clinic in Indialantic, Florida. He charged $200-$400 per visit for appointments, during which patients received prescriptions for high dosages of oxycodone, with little to no medical evaluation. Gayden issued these prescriptions bi-monthly or monthly for years, without consulting with the patients about their health, or properly verifying these patients’ needs for long-term high dosage oxycodone. Further, Gayden ignored clear signals from patients that they were seeking oxycodone to support their opioid addictions, as opposed to managing pain. Expert testimony indicated that Gayden prescribed hospice-level oxycodone dosages to young patients with relatively minor health issues.
This case was investigated by Drug Enforcement Administration, the Florida Department of Law Enforcement, the Melbourne Police Department, the Brevard County Sheriff's Office, and the Florida Department of Health. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu.
Punta Gorda Woman Pleads Guilty to Wire FraudRead the Press Release
Fort Myers, Florida – Hollie Darlene Dustin (60, Punta Gorda) has pleaded guilty to wire fraud. She faces a maximum penalty of 20 years in federal prison. Her sentencing hearing is scheduled for September 17, 2018.
According to the
plea agreement , Dustin, a licensed real estate broker, owned Home Choice Real Estate (HCRE), a company that contracted with the Federal National Mortgage Association (Fannie Mae) to manage and perform preservation services on various Fannie Mae foreclosed properties and potentially list those properties for sale. As part of a Master Listing Agreement with Fannie Mae, Dustin’s company was prohibited from using any vendors that she controlled or with which she had a conflict of interest to perform preservation services on Fannie Mae properties. Dustin fraudulently used ProPreserve, a company that she controlled, to perform preservation services on the properties without Fannie Mae’s knowledge or consent. Dustin submitted approximately 550 fraudulent ProPreserve invoices to Fannie Mae requesting approximately $146,280.46, which Fannie Mae paid to HCRE.Dustin also created inflated ProPreserve invoices for work already performed by other vendors, then submitted those false invoices to Fannie Mae for payment. Dustin used interstate wires to submit the fraudulent invoices to Fannie Mae.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Pasco County Man Pleads Guilty to Federal Dog Fighting ChargeRead the Press Release
Tampa, Florida – Tyler C. McGovern (32, Pasco County) has pleaded guilty to one felony dogfighting count, in violation of the animal fighting provisions of the federal Animal Welfare Act. He faces a maximum sentence of five years in federal prison and a $250,000 fine. A sentencing date has not yet been set.
According to the
plea agreement, McGovern participated with others in a dog fighting conspiracy. In 2015 and 2016, he and his co-conspirators, operating as Triangle Gang, sponsored pit bulls in dog fights in Duval, Sumter, and Marion counties. On March 1, 2017, law enforcement officers executed a search warrant in Sumter County at a property belonging to a Triangle Gang member and seized eight pit bulls, along with equipment and supplements used to condition the dogs for fighting.
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 FBI, the Pasco Sheriff’s Office, and the Sumter County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.
New Port Richey Man Sentenced to 12 Years for Child Pornography CrimesRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. today sentenced Brian Scott Ellis (50, New Port Richey) to 12 years in federal prison for possessing and attempting to produce child pornography. He pleaded guilty on February 28, 2018.
According to court documents, Ellis had amassed a collection of thousands of child pornography images and videos. He distributed child pornography as part of internet “send-to-get” groups, and attempted to film explicit videos of an unrelated child.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was 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.
Former Computer Security Specialist Sentenced to Seven Years in Federal Prison for Receiving Child Sexual Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced William Marion Patterson, III (49, Jacksonville) to seven years in federal prison for receiving child sexual abuse videos and images over the internet.
According to court documents, in 2015, the Federal Bureau of Investigation and the Naval Criminal Investigative Service conducted an undercover online child exploitation investigation of an individual who was using a particular online file-sharing network. At that time, this user, later identified as Patterson, was the most prolific trader of child pornography in the state of Florida on this file-sharing network. On June 11, 2015, law enforcement officers executed a search warrant at Patterson’s home. During an interview, Patterson admitted, among other things, that he used this file-sharing network and that he was responsible for everything found on his computer. Subsequent forensic analyses revealed that Patterson’s computer media contained approximately 854 videos and 5,394 images depicting young children being sexually abused.
This case was investigated by the Federal Bureau of Investigation, the Naval Criminal Investigative Service, the Columbia County Sheriff’s Office, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Healogics Agrees to Pay up to $22.51 Million to Settle False Claims Act Liability for Improper Billing of Hyperbaric Oxygen TherapyRead the Press Release
The Justice Department announced today that Healogics, Inc. has agreed to pay up to $22.51 million to settle allegations that it violated the False Claims Act by knowingly causing wound care centers to bill Medicare for medically unnecessary and unreasonable hyperbaric oxygen (“HBO”) therapy. Healogics, a Florida-based company, manages nearly 700 hospital-based wound care centers across the country.
“Medicare beneficiaries are entitled to care based on their clinical needs and not the financial goals of healthcare providers,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “All providers of taxpayer-funded federal healthcare services, whether contractors or direct billers, will be held accountable when their actions knowingly cause false claims for medically unnecessary services to be submitted.”
Medicare covers HBO therapy, a modality in which the entire body is exposed to oxygen under increased atmospheric pressure, as an adjunctive therapy to treat certain chronic wounds. The settlement announced today resolves allegations that from 2010 through 2015, Healogics knowingly submitted or caused the submission of false claims to Medicare for medically unnecessary or unreasonable HBO therapy.
Under the settlement, Healogics has agreed to pay $17.5 million, plus an additional $5.01 million if certain financial contingencies occur within the next five years, for a total potential payment of up to $22.51 million.
“Civil healthcare fraud enforcement has always been a core part of the mission of our office,” said United States Attorney Maria Chapa Lopez for the Middle District of Florida. “With this settlement, our Civil Division confirms its commitment to our nation’s critical struggle against practices that put public health programs at risk.”
In addition to resolving its False Claims Act liability, Healogics has entered into a five-year Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General which includes, among other things, a claims review and a systems review – both to be conducted by an Independent Review Organization.
“When greed is the primary factor in performing medically unnecessary health care procedures on Medicare beneficiaries, both patient well-being and taxpayer funds are compromised,” said Special Agent in Charge Shimon R. Richmond of HHS OIG. “We will continue to thoroughly investigate health care companies that engage in such fraudulent schemes.”
The allegations resolved by this settlement arose from a lawsuit filed by James Wilcox, a former Director for Research and Quality for Medical Affairs at Healogics, and a separate lawsuit filed by Dr. Benjamin Van Raalte, Dr. Michael Cascio, and John Murtaugh, two doctors and a former program director who worked at Healogics-affiliated wound care centers. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens with knowledge of fraud against the government to bring an action on behalf of the United States and to share in any recovery. The settlement provides for a whistleblower share of up to $4,276,900.
The settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Middle District of Florida, and the Department of Health and Human Services Office of Inspector General.
The cases are captioned United States ex rel. Van Raalte, et al. v. Healogics, Inc., 14-cv-283 (M.D. Fla.) and United States ex rel. Wilcox. v. Healogics, Inc., et al., 15-cv-1510 (M.D. Fla.).
The claims settled by this agreement are allegations only, and there has been no determination of liability.
Healogics Agrees to Pay up to $22.51 Million to Settle False Claims Act Liability for Improper Billing of Hyperbaric Oxygen TherapyRead the Press Release
Orlando, FL – The Justice Department announced today that Healogics, Inc. has agreed to pay up to $22.51 million to settle allegations that it violated the False Claims Act by knowingly causing wound care centers to bill Medicare for medically unnecessary and unreasonable hyperbaric oxygen (“HBO”) therapy. Healogics, a Florida-based company, manages nearly 700 hospital-based wound care centers across the country.
“Medicare beneficiaries are entitled to care based on their clinical needs and not the financial goals of healthcare providers,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “All providers of taxpayer-funded federal healthcare services, whether contractors or direct billers, will be held accountable when their actions knowingly cause false claims for medically unnecessary services to be submitted.”
Medicare covers HBO therapy, a modality in which the entire body is exposed to oxygen under increased atmospheric pressure, as an adjunctive therapy to treat certain chronic wounds. The settlement announced today resolves allegations that from 2010 through 2015, Healogics knowingly submitted or caused the submission of false claims to Medicare for medically unnecessary or unreasonable HBO therapy.
Under the settlement, Healogics has agreed to pay $17.5 million, plus an additional $5.01 million if certain financial contingencies occur within the next five years, for a total potential payment of up to $22.51 million.
“Civil healthcare fraud enforcement has always been a core part of the mission of our office,” said United States Attorney Maria Chapa Lopez for the Middle District of Florida. “With this settlement, our Civil Division confirms its commitment to our nation’s critical struggle against practices that put public health programs at risk.”
In addition to resolving its False Claims Act liability, Healogics has entered into a five-year Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General which includes, among other things, a claims review and a systems review – both to be conducted by an Independent Review Organization.
“When greed is the primary factor in performing medically unnecessary health care procedures on Medicare beneficiaries, both patient well-being and taxpayer funds are compromised,” said Special Agent in Charge Shimon R. Richmond of HHS OIG. “We will continue to thoroughly investigate health care companies that engage in such fraudulent schemes.”
The allegations resolved by this settlement arose from a lawsuit filed by James Wilcox, a former Director for Research and Quality for Medical Affairs at Healogics, and a separate lawsuit filed by Dr. Benjamin Van Raalte, Dr. Michael Cascio, and John Murtaugh, two doctors and a former program director who worked at Healogics-affiliated wound care centers. The lawsuits were filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private citizens with knowledge of fraud against the government to bring an action on behalf of the United States and to share in any recovery. The settlement provides for a whistleblower share of up to $4,276,900.
The settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the United States Attorney’s Office for the Middle District of Florida, and the Department of Health and Human Services Office of Inspector General. The case was handled by Assistant United States Attorneys Randy Harwell and Jeremy Bloor, and by Department of Justice Civil Division Trial Attorney Chartey Quarcoo.
The cases are captioned United States ex rel. Van Raalte, et al. v. Healogics, Inc., 14-cv-283 (M.D. Fla.) and United States ex rel. Wilcox. v. Healogics, Inc., et al., 15-cv-1510 (M.D. Fla.).
The claims settled by this agreement are allegations only, and there has been no determination of liability.
Flagler Beach Man Indicted on Drug and Gun ChargesRead the Press Release
Jacksonville, Florida – A federal
indictment has been returned charging Robert Richard Jodoin (49, Flagler Beach) with importation of GHB (Gamma-Hydroxybutyric Acid), distribution of methoxyacetylfentanyl, possession with the intent to distribute cathinone (also referred to as “bath salts”), maintaining a place for distributing drugs, and possession of a firearm in furtherance of drug trafficking. If convicted on all counts, he faces a minimum mandatory penalty of five years in federal prison, and up to life. The indictment also notifies Jodoin that the United States intends to forfeit the internet domain name "PRIMALVISIONS.NET," which he used to sell drugs on the internet, and a .380 caliber pistol.According to court documents, the Drug Enforcement Administration, the U.S. Postal Inspection Service, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations each began an investigation into the activities of Jodoin. Federal agents identified a particular post office box at the Flagler Beach Post Office, registered to Jodoin and “Primal Visions,” as being used to distribute drugs. From late March 2018 through Jodoin’s arrest, U.S. Customs and Border Protection seized multiple international parcels that were addressed to Jodoin at his post office box. Further investigation revealed that these parcels contained controlled substances, including more than a kilogram of GHB. In addition, Jodoin allegedly routinely mailed packages containing dangerous drugs, including methoxyacetylfentanyl, from the Flagler Beach Post Office to customers around the country.
During a search of Jodoin’s residence, law enforcement found a firearm, drug ledgers reflecting purchases and sales of controlled substances, multiple powders consistent with controlled substances, and packaging supplies used for mailing.
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. Postal Inspection Service, the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Florida National Guard Counterdrug Program, the Volusia County Sheriff’s Office, and the Flagler Beach Police Department. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Federal Jury Convicts Jacksonville Man of Stealing Veterans’ Disability BenefitsRead the Press Release
Jacksonville, Florida – A federal jury today found Jose Calderon-Fuentes (63, Jacksonville) guilty of theft of government property. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for September 26, 2018. Calderon-Fuentes was indicted on July 13, 2017.
According to evidence presented at trial, in July 2000, Calderon-Fuentes was designated by the U.S. Department of Veterans Affairs as 100% disabled for bilateral blindness. He collected disability benefits in the years that followed, eventually receiving more than $4,000 per month. Federal agents opened an investigation when they learned that Calderon-Fuentes had a Florida drivers license. They then developed evidence that Calderon-Fuentes was exaggerating his disability claim, including recordings of him doing yard work, washing his truck, and driving. After Calderon-Fuentes learned that he was under investigation in Florida, he obtained another drivers license in Puerto Rico. As part of the application process for that license, he submitted a medical certificate that stated he had 20/50 vision.
This case was investigated by the Department of Veterans Affairs, Office of Inspector General, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the FBI. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
Deputy Attorney General Recognizes U.S. Attorney and Middle District of Florida EmployeesRead the Press Release
WASHINGTON – United States Attorney Maria Chapa Lopez, Administrative Officer Jeff Hahn, Officer Manager/IT Specialist Joey Chigro, and Assistant U.S. Attorney Ilianys Rivera Miranda of the U.S. Attorney’s Office in the Middle District of Florida were among the 162 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 34th Director’s Awards Ceremony today in Washington D.C.
The Middle District of Florida was one of 35 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In addressing the award recipients and guests, Deputy Attorney General Rod Rosenstein said, “Today’s honorees earned the esteem of their colleagues. But most importantly, they earned the gratitude of our fellow citizens — the people whose communities you made safer, whose lives you improved, and whose trust you rewarded. Today, we pause to honor and recognize a small portion of your work.”
U.S. Attorney Maria Chapa Lopez received the award for Superior Performance By A Litigative Team for her work while detailed to the United States Embassy in Mexico City. Ms. Chapa Lopez and her colleagues demonstrated extraordinary persistence and commitment to the rule of law while successfully investigating and prosecuting members of the Los Zetas cartel who brutally murdered United States Immigration and Customs Enforcement (ICE) Special Agent Jaime Zapata and wounded ICE Special Agent Victor Avila in February 2011, during an attempted carjacking in Mexico. Deploying immediately after the attack, the team relentlessly pursued every evidentiary lead and soon began filing charges against the perpetrators. Over the next six and a half years, seven defendants were extradited to the United States, five of whom pleaded guilty and agreed to cooperate. In July 2017, the final two defendants were convicted after trial. The convictions demonstrate that violent Mexican cartels cannot operate with impunity, that they will be punished for violating United States laws, and that Mexican and United States law enforcement can share evidence to bring to justice members of a dangerous transnational criminal organization.
Jeff Hahn, Joey Chigro, and Ilianys Rivera Miranda received the award for Superior Performance By An Administrative Team for their work in coordinating and implementing emergency response efforts to the District of Puerto Rico and the District of the Virgin Islands in an effort to ensure these districts were operational in the aftermath of Hurricanes Irma and Maria. They, along with employees from the District of Puerto Rico and the Southern District of Florida, reviewed and analyzed emergency relief policies to find the best ways to handle emergency relief efforts which could serve as best practices for other United States Attorneys’ offices facing similar emergencies. When living conditions in affected areas were dire, these employees took charge to ensure generators and other key items were shipped to critical locations. In a situation where many employees did not have power or water, those who were present in the aforementioned districts, the Executive Office for United States Attorneys, and other districts worked long hours and over the weekends to ensure employees were able to push forward and deal with the catastrophe before them and to eventually report to work. They went above and beyond the call of duty, inspiring others to do the same while making an extraordinary contribution in the midst of a very difficult crisis.
“I am deeply humbled by this award,” said U.S. Attorney Chapa Lopez, “and honored to serve alongside such distinguished individuals in my office and throughout the department.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Ocala Man Convicted of Heroin and Fentanyl TraffickingRead the Press Release
Ocala, Florida – A federal jury yesterday found Santonio Juvon Jackson (35, Ocala) guilty of possession, distribution, and conspiracy to possess and distribute heroin and fentanyl. He faces a minimum mandatory penalty of 10 years in federal prison, and up to life, on each count. A sentencing date has not yet been set. Jackson was indicted on December 6, 2017.
According to testimony and evidence presented at trial, on October 26, 2017, Jackson conspired with others to deliver six ounces of heroin and fentanyl in the Ocala area.
This case was investigated by the Drug Enforcement Administration and the Marion County Unified Drug Enforcement Strike Team. It was prosecuted by Assistant United States Attorney William S. Hamilton.
Bradenton Woman Indicted for Theft of Government FundsRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Roselle Fitzgerald (54, Bradenton) with one count of theft of government funds, two counts of making a false statement to a federal agency, seven counts of presenting counterfeit or forged securities, and three counts of fraudulent use of a means of identification. If convicted, she faces a maximum penalty of 15 years’ imprisonment on each count of fraudulent use of a means of identification, 10 years in prison on the theft of government funds count and for each count of presenting counterfeit or forged securities, and up to 5 years’ imprisonment on each count of false statement to a federal agency. The indictment also notifies Fitzgerald that the United States is seeking a money judgment in the amount of $192,091.20, the proceeds of the charged criminal conduct.
According to the indictment, Fitzgerald worked as a title-closer at various law firms, while simultaneously receiving Social Security Disability Insurance Benefits to which she was not entitled. Fitzgerald also made material false statements to employees of the Social Security Administration regarding her work activity. In addition, she possessed counterfeit or forged checks from the law firms where she was employed and used the means of identification of others in connection with the counterfeit or forged checks.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Social Security Administration, Office of the Inspector General and the Sarasota Police Department. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Tampa Man Sentenced for Threatening to Burn Down A Home Being Purchased by Muslim FamilyRead the Press Release
WASHINGTON – The Justice Department today announced that David H. Howard, 59, of Tampa, Florida, was sentenced by United States District Court Judge Mary S. Scriven of the Middle District of Florida to serve eight months in prison, followed by two years of supervised release, and required to pay $30,000 in restitution. Howard pleaded guilty to a felony civil rights violation on Feb. 27, after he intimidated and interfered with a family who sought to purchase a home in the Davis Islands neighborhood of Tampa, Florida, by threatening to burn down the home simply because it was being purchased by a Muslim family.
According to court documents, on Nov. 3, 2016, a Muslim man, identified as K.A., and his wife were conducting the final walk-through of a home they had placed under contract. As K.A. arrived for the final walk-through, the defendant approached K.A. and the seller identified as H.D., and the accompanying realtors, and yelled, “This sale will not take place!” Howard threatened to burn the house down, and told K.A., “You are not welcome here!” K.A. and his wife hurried away from the house and cancelled the closing of the home purchase that was scheduled to take place the next day. In the days that followed, Howard retold his version of the incident to neighbors, making insulting remarks about Muslims.
“This Justice Department will not stand by when individuals use violence and intimidation to deny fair housing rights,” said Acting Assistant Attorney General John Gore. “The Civil Rights Division will continue to prosecute crimes like this one that deprive families of a safe place to live.”
“Today’s sentence should send a clear message that we will vigorously uphold our nation’s civil rights laws,” said United States Attorney Maria Chapa Lopez. “Crimes perpetrated against people because of who they are or what they believe simply cannot be tolerated.”
“The FBI’s mission is to protect the American people and uphold the laws of the United States, and that’s what we did in this case. We will not allow hate motivated crimes to infiltrate our communities and threaten our citizens,” said Special Agent in Charge of the FBI Tampa Division, Eric W. Sporre.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Josephine W. Thomas of the Middle District of Florida and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.
Sarasota Woman Convicted of Arson ConspiracyRead the Press Release
Tampa Florida – A federal jury has found Rashica Shaguana Ford (39, Sarasota) guilty of conspiracy to commit arson. She faces a mandatory minimum penalty of five years, and up to 20 years, in federal prison. Her sentencing hearing has not yet been set. Ford was indicted on November 24, 2017, along with two co-conspirators, Jodarin Marquis Whitfield and Herbert Adelphus Pinckney.
According to testimony presented at trial, in the early morning hours of March 11, 2015, Whitfield and Pinckney set fire to an individual’s home by attempting to throw a Molotov cocktail through the victim’s bedroom window. In addition to the owner, two adults and five children were inside the home at the time of the incident. The Molotov cocktail did not break the window and only damaged the exterior of the home. All occupants of the home escaped safely.
The arson was orchestrated by Ford (Whitfield’s girlfriend/Pinckney’s sister) as retaliation stemming from an altercation between Ford and the victim.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the State Bureau of Fire and Arson Investigations, the Bradenton Police Department, the Bradenton Fire Department, the Sarasota County Sheriff’s Office, and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Kissimmee Man Sentenced to Five Years in Prison for Manufacturing over 200 “Ghost Guns” Without A LicenseRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell yesterday sentenced Hector Luis Santiago-Jorge (48, Kissimmee) to the maximum penalty of five years in federal prison for manufacturing and dealing in firearms without a federal license. The court also ordered that Santiago-Jorge forfeit 10 AR-15 type firearms and 168 rounds of ammunition that were seized from his residence by federal law enforcement officers.
Santiago-Jorge had pleaded guilty on March 5, 2018.
According to court documents, between November 2016 and October 2017, Santiago-Jorge manufactured more than 200 firearms, most of which were AR-15 type weapons. He then sold many of these firearms to purchasers in Puerto Rico. The firearms manufactured by Santiago-Jorge, none of which had a serial number, are commonly known as “ghost guns” because they are difficult for law enforcement to trace.
“This criminal thought he could circumvent the laws in place that make our communities safer from weapons trafficking,” said HSI Tampa Special Agent in Charge James C. Spero. “But thanks to the hard work of HSI and our partners, this sentencing should put criminals on notice that we will fully investigate anyone threatening the safety of our citizens.”
“It is ATF’s primary responsibility to aggressively interdict unlicensed manufacturers and the firearms they illegally peddle,” said ATF Special Agent in Charge Daryl McCrary. “As subject matter experts, we will continue to work with our law enforcement partners to keep illegal firearms out of our communities.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
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.
Fruitland Park Man Arrested for Mailing Anthrax Hoax LetterRead the Press Release
Ocala, Florida – United States Attorney Maria Chapa Lopez announces the arrest and charging by a criminal complaint of Jerry Nelson Stinchcomb (50, Fruitland Park) with sending an anthrax hoax letter to the Lake County Sheriff’s Office, and for mailing a threatening communication. If convicted, he faces a maximum penalty of 15 years in federal prison. Stinchcomb made his initial appearance in federal court today. A detention hearing has been scheduled for June 15, 2018.
According to the complaint, between December 1, 2017 and May 31, 2018, a series of envelopes containing a white powdery substance and threatening letters were mailed to various entities in Lake, Volusia, Sumter and Orange Counties. Those mailings caused local HAZMAT teams, the Florida Department of Health, local law enforcement and other agencies to respond. In each case, the correspondence contained black letters that had been generated by a label-maker. From March through April 2018, employees of the Fruitland Park Post Office intercepted letters with same labeling type.
Through further investigation, Stinchcomb was eventually identified as the person responsible for mailing an anthrax hoax letter on May, 30, 2018, using a Fruitland Park postal collection box. The letter contained a white powdery substance and a note reading, “anthrax.” The letter was addressed to the Lake County Sheriff’s Office and was collected by a letter carrier on May 31, 2018.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
The case is being investigated by the FBI (Daytona Resident Agency) and the U.S. Postal Inspection Service, with assistance from other enforcement agencies. It will be prosecuted by Assistant U.S. Attorney Dale Campion.
Federal Jury Finds Armed Career Criminal Guilty on Firearm ChargeRead the Press Release
Jacksonville, Florida – A federal jury has found Jemone Lawrence Walker (32, Jacksonville) guilty of being a felon in possession of a firearm. He faces a mandatory minimum penalty of 15 years, and up to life, in federal prison. Walker’s sentencing hearing is scheduled for September 20, 2018.
Walker was indicted on March 7, 2018.
According to testimony presented at trial, Walker was found to be in possession of a loaded revolver when the Jacksonville Sheriff’s Office responded to an armed domestic call at a Jacksonville home. As a previously convicted felon, Walker is prohibited from possessing a firearm under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorneys Ashley Washington and Jay Taylor.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Tampa Man Charged with Distribution of Fentanyl Resulting in Death, Two Others Charged with Conspiracy and DistributionRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the indictment of Corey Damond Smith, Jr. (23, Tampa) for the distribution of fentanyl resulting in the death of an individual. If convicted, he faces a maximum penalty of life imprisonment.
In addition, a separate indictment has been returned against Jeffrey Luis Rodriguez (33, Tampa) charging him with one count of conspiracy to distribute heroin and fentanyl resulting in serious bodily injury, one count of distribution of heroin involving serious bodily injury, and five counts of distributing heroin or fentanyl or both. If convicted of the offenses, he faces a life term in federal prison.
A third individual, Donald Calvin Hatch, Jr. (29, Tampa) has pleaded guilty to conspiracy to distribute heroin and fentanyl. He faces up to 30 years in federal prison. A sentencing date for Hatch has not yet been set.
According to court documents, on November 13, 2017, the Hillsborough County Sheriff’s Office responded to an address near the University Mall area to aid a man, B.D., who had suffered from an opioid overdose. Hillsborough County Fire Rescue also responded to the scene and administered several doses of an opioid overdose reversal medication (Narcan). However, these lifesaving measures were unsuccessful in reviving the victim. Detectives learned that the victim had obtained the narcotics from Smith, who had sold them as heroin. In fact, Smith had actually sold fentanyl, which is 10 times stronger than heroin. A medical autopsy revealed that the cause of death of the victim was fentanyl intoxication.
In his plea agreement, Hatch admitted to conspiring with Rodriguez, acting as his middleman, in five sales of opioids to undercover law enforcement. Hatch also admitted to having used heroin sold to him by Rodriguez and overdosing as a result.
An indictment is merely formal charge that an individual has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
These cases are part of the Middle District of Florida’s anti-opioid strategy to combat opioid trafficking and abuse. They were investigated by the Hillsborough County Sheriff’s Office’s Heroin Working Group, with assistance from the Hillsborough County Medical Examiner’s Office. They are being prosecuted by Assistant United States Attorney Thomas Palermo.
St. Petersburg Man Sentenced to More Than 17 Years for A Federal Firearm OffenseRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Devin Fabian Collins (25, St. Petersburg) to 17 years and 6 months in federal prison for being a felon in possession of a firearm. The court also ordered him to forfeit the firearm used in the offense. Collins was found guilty by a jury on February 13, 2018.
According to evidence presented at trial, Collins drove recklessly through St. Petersburg as he was being followed by a police helicopter. After Collins pulled into an apartment complex, officers arrived at the scene and Collins fled on foot, while tossing drugs and a gun. At the time of the incident, Collins had a prior felony conviction and is, therefore, prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorneys James Preston and Callan Albritton.
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.
Prolific Opioid Dealer Sentenced to 13 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Skyler Christopher Sanders (33, Bradenton) to 13 years in federal prison for conspiracy to distribute cocaine, cocaine base, heroin, methamphetamine, carfentanil, and fentanyl. He pleaded guilty on December 21, 2017.
According to court documents, Sanders and his associates sold drugs out of a house in Bradenton that operated as an open-air drug market. These drugs included cocaine, cocaine base, heroin, methamphetamine, carfentanil, and fentanyl. Sanders and his associates sold these drugs to undercover detectives on numerous occasions.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Hot Batch.” The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The investigation was conducted by the DEA and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Taylor G. Stout.
Tampa Man Sentenced for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Antwan Miller to three years and six months in federal prison for theft of government funds and aggravated identity theft. He had pleaded guilty on October 5, 2017.
According to court documents, between January 2012 and September 2014, Miller was involved in a scheme to file false and fraudulent income tax returns with the IRS in order to generate the deposit of large refunds onto debit cards that he possessed and controlled. The investigation revealed that the IRS had received fraudulent tax returns in the names of many victim-taxpayers that resulted in the delivery of $389,479.07 in fraudulent income tax refunds to debit cards controlled by Miller and his co-conspirators. They then withdrew the money from ATMs and the Seminole Hard Rock Casino. Several of Miller’s co-conspirators have pleaded guilty to similar charges and have been sentenced.
This case was investigated by the IRS - Criminal Investigation and the Federal Bureau of Investigation, with the assistance from the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Casselberry Resident Sentenced to 25 Years for Sexually Exploiting A ChildRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Oscar Luis Burgos (32, Casselberry) to 25 years in federal prison for production and receipt of child pornography. He pleaded guilty on March 9, 2018.
According to court documents, Burgos initially met the child victim online in May 2017. Although the victim told Burgos that she was 14 years old, he still engaged her in highly sexualized online chat conversations. He also persuaded her to produce and send to him images of herself engaging in sexually explicit conduct. At one point during their conversations, Burgos also discussed murdering the girl’s father and having sex with her next to his corpse.
This case was investigated by the Federal Bureau of Investigation and the Lawrence (Kansas) Police Department. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Bradenton Drug Dealer Sentenced to PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Tony Marvin Johnson (34, Bradenton) to 10 years and 10 months in federal prison for possession of cocaine with intent to distribute. He had pleaded guilty on December 7, 2017.
According to court documents, on June 15, 2017, the Drug Enforcement Administration and the Manatee County Sheriff’s Office conducted surveillance of known narcotics trafficking locations in Manatee County, during which they observed a white Buick sedan leaving a suspected drug house and determined that the registered owner of the car had a suspended driver’s license. As officers attempted to initiate a traffic stop, the vehicle kept moving. When it finally stopped, Michael Bernard Code exited the passenger side of the car carrying a black object and fled on foot. Johnson, the driver, was patted down for weapons, during which a a pill bottle containing approximately 8.5 grams of a white substance was found. The substance field-tested positive for cocaine. Officers also recovered $237 from a fanny-pack that was strapped to Johnson’s waistband and another $207 from his front pants’ pockets.
Shortly thereafter, Code returned to the vehicle and was detained. Witnesses advised law enforcement that they saw Code throw objects on the ground in two separate locations. A search of those locations revealed a black magnetic type box containing the following: a digital scale, plastic baggies containing Xanax pills, approximately 13.5 grams of suspected fentanyl, 13 smaller baggies with suspected fentanyl weighing approximately 8.2 grams, and another baggy containing 26 individual small baggies, containing an off-white powdery substance weighing approximately 5.7 grams. The white substance field-tested positive for cocaine. The suspected fentanyl later lab-tested positive for MDMA.
Code later told law enforcement that Johnson had told him to run from the car and get rid of the objects. Code also stated that he “tested” narcotics for Johnson. Johnson told agents that he sold crack cocaine to support his mother.
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.
Polk County Woman Sentenced for Obtaining U.S. Citizenship by Fraud and False StatementsRead the Press Release
Tampa, Florida – United States District Judge Virginia M. Hernandez Covington today sentenced Enite Alindor (55), also known as Odette Dureland, to five months in federal prison for making false statements in a matter relating to naturalization and citizenship and for procuring naturalization as a United States citizen. As part of her sentence, the court also entered an order de-naturalizing her, thus revoking her July 2012naturalization as a United States citizen. A federal jury had found her guilty on March 1, 2018.
According to court documents, Alindor, a citizen of Haiti, applied for asylum with the Immigration and Naturalization Service (INS) in Miami in 1997. After the INS denied that application, the United States Immigration Court ordered her to be removed from the United States. Shortly thereafter, Alindor presented herself to the INS as Odettte Dureland and filed for asylum protection under that new identity. She concealed the fact that she had previously applied for status in the United States as Enite Alindor, and she concealed the fact that she was under a final order for removal from the United States. U.S. Citizenship and Immigration Services (USCIS) personnel, unaware of the Alindor identity and order of removal, approved Dureland for citizenship in July 2012, and she was naturalized as a U.S. citizen under that name in July 2012.
“Citizenship is the greatest immigration benefit our country can bestow,” said HSI Tampa Special Agent in Charge James C. Spero. “HSI and our partners, like USCIS, will continue working together to protect the integrity of our legal immigration system and the opportunities it provides.”
“This is a perfect example of federal agencies working together to combat those trying to defraud the American people,” stated U.S. Citizenship and Immigration Services Tampa District Director, Michael Borgen. “USCIS will continue playing a key role to safeguard the integrity of our immigration system.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from the USCIS Fraud Detection and National Security group in Tampa, and the USCIS Asylum Office in Miami. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Tampa Woman Sentenced for Role in Credit Card Fraud and Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – United States District Judge Elizabeth A. Kovachevich has sentenced Nejah Prince (33, Tampa) to four years and nine months in federal prison for access device (credit card) fraud and for filing false claims against the United States. As part of Prince’s sentence, the court also entered a money judgment in the amount of $1,386.39, the proceeds of the fraud. Prince pleaded guilty on February 16, 2017.
According to court documents, in February 2013, officers from the Tampa Police Department executed a search warrant at Prince’s home. During the search, they found copies of confidential patient medical records from the Department of Veterans Affairs (VA), notebooks with the personal identifying information of at least 200 individuals, reloadable debit cards, and several tax returns. Further investigation revealed that Prince had used the identity of one person whose name was on a VA medical record to open a credit account at Montgomery Ward. She then made $1,300 in purchases using that account. In addition, IRS agents discovered that many of the identities found during the search warrant had been used in the filing of false and fraudulent income tax returns.
“Working together with our law enforcement partners we have come a long way in the effort to eradicate identity theft from our community. Would-be identity thieves should not rest easy because we will not give up the fight,” said Special Agent in Charge Mary Hammond of IRS Criminal Investigation. “These crooks use stolen identities to defraud the government, but it is the untold devastation their actions inflict on the lives of their victims that drives our Special Agents to employ their unique financial expertise to tirelessly track down these criminals.”
This case was investigated by the IRS - Criminal Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Sara C. Sweeney and Jay L. Hoffer.
St. Petersburg Man Sentenced to Three Years for Deepwater Horizon Fraud SchemeRead the Press Release
Tampa, Florida – United States District Judge Elizabeth A. Kovachevich has sentenced Joseph Bassler (62, St. Petersburg) to three years and one month in federal prison for money laundering and mail fraud. As part of his sentence, the court also entered a money judgment in the amount of $77,224, the proceeds of the scheme. Bassler had pleaded guilty on June 6, 2017.
According to court documents, Bassler, a licensed tax preparer, held himself out as a professional accountant who could assist companies affected by the Deepwater Horizon oil spill in filing business economic loss claims. As part of his scheme, Bassler prepared and submitted fraudulently inflated claims falsely alleging lost income on behalf of his clients. As payment for his services, he accepted a portion of the recovery money for the loss claims he had prepared. In total, Bassler submitted 62 claims, three of which were paid. For the three claims that were paid, Bassler and his clients received over $600,000 more than they were entitled to from the compensation fund. The remaining claims were denied when Bassler’s fraudulent scheme was discovered.
“When unprincipled fraudsters file false claims against businesses they frustrate the legal system and disrupt the natural flow of our economy,” stated Special Agent in Charge Mary Hammond of IRS Criminal Investigation. “IRS-CI is fiercely committed to defending the integrity of our nation's tax system, and a significant aspect of that duty is to work with our fellow law enforcement partners to help maintain equity in the marketplace.”
“It is reprehensible to exploit any disaster for personal gain,” said Eric W. Sporre, Special Agent in Charge of the FBI Tampa Division. “It is our duty to protect the relief funds set aside for economic disasters such as the BP Deepwater Horizon Oil Spill and ensure the money goes to those deserving of assistance.”
This case was investigated by the IRS-Criminal Investigation and the FBI. It was prosecuted by Assistant United States Attorney Rachel K. Jones.
On 500th Day of Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
Tampa, FL – Attorney General Jeff Sessions and U.S. Attorney Maria Chapa Lopez announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSAs will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
In the Middle District of Florida, three of these AUSAs will focus on violent crime, two on civil enforcement, and one on prosecuting immigration crimes.
“We are grateful for the additional resources to better serve our constituents here in the Middle District,” said U.S. Attorney Chapa Lopez. “These new positions will provide much needed assistance as we continue to focus on the Department’s priorities and meet the needs of our communities.”
The Middle District of Florida is the second largest federal district in the country, with a population of more than 11 million. It includes 35 of Florida’s 67 counties and includes offices in Tampa, Orlando, Jacksonville, Ft. Myers, and Ocala. For more information about the MDFL, visit www.justice.gov/usao-mdfl.
Jacksonville Man Sentenced to Five Years in Federal Prison for Receiving Child Sex Abuse Images from A Convicted Sex Offender over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Stanley Hagan, Jr. (33, Jacksonville) to five years in federal prison for receiving child pornography over the internet. Hagan was also ordered to register as a sex offender.
According to court documents, Darren Dozier, a convicted child sex offender, was released from prison in 2015 and established a residence in Philadelphia. While there, he molested an 8-year-old child and produced images and videos of this abuse. On December 19, 2015, and again on August 7, 2016, Hagan engaged in sexually explicit online conversations with Dozier. During these conversations, Hagan pretended to be a 15-year old girl and, during the December conversation, Dozier offered to send Hagan sexually explicit images of his minor victim. Hagan accepted the offer. Dozier then sent Hagan four images depicting Dozier sexually abusing the child. Hagan also asked Dozier to send him a sexually explicit video of the child. During an interview with FBI agents in Jacksonville on August 30, 2017, Hagan admitted that he had solicited and received these images from Dozier.
This case was investigated by the FBI in Jacksonville and Philadelphia. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case that 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, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Fort Myers Pain Management Physician Pleads Guilty to Healthcare Offenses and Agrees to $2.8 Million Civil Settlement with the United StatesRead the Press Release
Fort Myers, FL – Dr. Michael Frey, M.D. (46, Fort Myers) has pleaded guilty to two counts of conspiracy to receive healthcare kickbacks. He faces a maximum penalty of five years in federal prison for each count. Dr. Frey also faces a term of supervised release of up to three years for each count. A sentencing date has not yet been set.
In addition to his guilty plea, Dr. Frey has agreed to a civil settlement under which he will pay $2.8 million to the United States to resolve allegations that he violated the False Claims Act in a number of ways, including receiving illegal kickbacks and by ordering medically unnecessary laboratory tests.
During the relevant period, Dr. Frey was a practicing interventional pain management specialist and one of the two principal owners of Advanced Pain Management Specialists, P.A., which is located in Fort Myers.
According to the plea agreement, beginning in 2010, Dr. Frey conspired with the owners of A&G Spinal Solutions, LLC, a durable medical equipment provider operating in Fort Myers, to receive compensation in exchange for referrals to A&G Spinal. Dr. Frey was paid a percentage of A&G Spinal’s profits based on his referrals and referrals from other providers at Advanced Pain. A&G Spinal rewarded Dr. Frey through checks made payable to his wife. Through this arrangement, A&G Spinal created the impression that Mrs. Frey was an employee of A&G Spinal, when she was not. The two principals of A&G Spinal, Ryan Williamson and William Pierce, have pleaded guilty to conspiring to pay healthcare kickbacks to Dr. Frey and are currently awaiting sentencing.
In addition, from 2013 to 2015, Dr. Frey also received cash payments from Ryan Williamson in exchange for referrals of compound pharmaceutical pain cream prescriptions. Williamson has also pleaded guilty for his role in this arrangement.
In his plea agreement, Dr. Frey also admitted that he had received kickbacks in the form of speaker fees paid to him in connection with his participation in largely bogus Insys Therapeutics, Inc. speaker event programs. Insys manufactures a fentanyl sublingual spray known as SUBSYS. Insys paid kickbacks to Dr. Frey to induce him to write prescriptions for their product.
The civil settlement announced today also resolves allegations that, between 2013 and 2016, Dr. Frey caused the submission of false claims to Medicare and TRICARE by ordering definitive Urine Drug Testing (“UDT”) in circumstances where such testing was not reasonable and medically necessary. Definitive UDT testing was financially lucrative for the Advanced Pain physicians because it was performed at Advanced Pain’s own in-house laboratory and was billed by the practice.
In addition, the civil settlement resolves kickback allegations associated with anesthesia services provided by Anesthesia Partners of SWFL, LLC that was owned by Dr. Frey and his partner Dr. Jonathan Daitch. Anesthesia Partners provided anesthesia services exclusively for the procedures performed by the Advanced Pain physicians. They contracted with Certified Registered Nurse Anesthetists (“CRNAs”) to provide the anesthesia services. These CRNAs were paid a contracted rate, and Anesthesia Partners would bill Medicare and TRICARE directly for the anesthesia services they provided. This arrangement resulted in improper reimbursements to Dr. Frey as one of the owners of Anesthesia Partners. The United States contends that Dr. Frey’s ownership interest in Anesthesia Partners, and the funds he received through this ownership interest, induced him to refer his patients for anesthesia services to Anesthesia Partners.
“This was an alarming case of a physician who abused his position of trust for money,” said U.S. Attorney Chapa Lopez. “This global resolution is a great example of a coordinated healthcare fraud enforcement effort by our criminal and civil divisions, and of our commitment to hold healthcare providers accountable when they violate the law.”
“Dr. Frey deluded himself into believing that accepting thinly-veiled bribes was an easy path to riches. Instead he faces years in prison and a multi-million dollar settlement,” said Shimon R. Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Dr. Frey’s fate shows, yet again, that those intent on stealing from government health programs will be held accountable.”
“This plea agreement and settlement demonstrates the effectiveness of investigations by the Defense Criminal Investigative Service and our law enforcement partners to ensure that medical service providers do not unjustly enrich themselves by wasting and diverting precious taxpayer dollars. DCIS protects the integrity of DoD programs by rooting out fraud, waste, and abuse that negatively impacts critical programs such as TRICARE,” said Special Agent in Charge John F. Khin, Southeast Field Office.
This case is being prosecuted criminally by Assistant United States Attorneys Rachel Jones and Simon Eth and civilly by Assistant United States Attorney Kyle S. Cohen, with assistance from the Defense Criminal Investigative Service, the Department of Health and Human Services Office of Inspector General and the U.S. Postal Service Office of Inspector General.
Today’s resolution illustrates the government’s commitment to combating improper practices that implicate the nation’s federally subsidized health care programs, using all statutory and common law remedies available to address such schemes. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Clearwater Property Manager Sentenced for Equity Skimming and Bankruptcy FraudRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Michael Rubino (59, Clearwater) to 13 months in federal prison for bankruptcy fraud and equity skimming. Rubino had pleaded guilty on January 31, 2018.
According to court documents, Rubino devised a scheme to defraud mortgage lenders that were holding recorded mortgage notes, as well as the Federal National Mortgage Association (“Fannie Mae”) and the Federal Housing Agency (“FHA”), which guaranteed the mortgage notes. In furtherance of his scheme, Rubino searched Pinellas County Clerk of Court records to find properties in various stages of foreclosure. He then contacted distressed homeowners who had already defaulted on their mortgages and had vacated their properties. Rubino offered to take control of, manage, and rent the properties to new tenants. Rubino told the homeowners that he would use the rental income he obtained to pay the mortgages and, in some instances, pay the homeowner a portion of the rent he collected. At no time did Rubino hold any legal or equitable interest in these properties, or have authorization from the mortgage lenders, Fannie Mae, or FHA, to rent out the properties. Further, he failed to remit any of the collected rent monies to FHA, as required by law.
Additionally, in order to prevent Fannie Mae and the mortgage lenders from lawfully foreclosing on properties secured by mortgage notes, Rubino engaged in a bankruptcy fraud scheme whereby he filed fraudulent bankruptcy petitions in the names of the distressed homeowners, without their knowledge or consent, just prior to the scheduled foreclosure sale. These fraudulent bankruptcies triggered the automatic stay provision of the bankruptcy code, preventing the mortgage note holders from conducting the foreclosure sale. The fraudulent bankruptcy petitions filed by Rubino allowed him to continue to collect rent monies to which he was not entitled.
This case was investigated by the U.S. Department of Housing and Urban Development - Office of Inspector and the Federal Housing Finance Agency - Office of Inspector General. The Office of the U.S. Trustee for the Middle District of Florida also provided substantial assistance. It was prosecuted by Special Assistant United States Attorney Chris Poor.
Orange County Resident Indicted for Bankruptcy FraudRead the Press Release
Orlando, FL – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Christopher Coburn (33, Winter Garden) with six counts of bankruptcy fraud. If convicted, he faces a maximum penalty of 30 years in federal prison.
According to the indictment, Coburn solicited homeowners whose mortgages were in default and offered to rescue their homes from foreclosure. In order to prevent the Federal National Mortgage Association (“Fannie Mae”) and multiple financial institutions holding mortgages from lawfully foreclosing on homeowners’ properties, Coburn engaged in a bankruptcy fraud scheme whereby he filed or caused to be filed fraudulent bankruptcy petitions in the name of homeowners, without their knowledge or consent, just prior to the scheduled foreclosure sale dates. These fraudulent bankruptcies triggered the automatic stay provision of the bankruptcy code, preventing Fannie Mae and the financial institutions from conducting lawful foreclosure sales and obtaining title to the properties. The fraudulent petitions enabled Coburn to collect fees and allowed him to refer the properties to real estate agents in order to obtain ill-gotten referral fees.
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. The Office of the United States Trustee for the Middle District of Florida (Orlando Division) also provided substantial assistance. It will be prosecuted by Special Assistant United States Attorney Chris Poor.
Two Members of the Jacksonville City Council Indicted for Fraud and Money LaunderingRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Katrina Brown (37, Jacksonville) and Reginald Brown (56, Jacksonville) with one count of conspiracy to commit mail and wire fraud, twenty-six counts of aiding and abetting mail and wire fraud, and six counts of aiding and abetting money laundering. Each faces up to 20 years in federal prison for the conspiracy count and for each count of aiding and abetting mail and wire fraud; they face up to 10 years in federal prison for each count of aiding and abetting money laundering. The indictment also charges Katrina Brown with two counts of attempted bank fraud and two counts of making false statements to a federally insured financial institution; each count carries a maximum penalty of 30 years in federal prison. The indictment also charges Reginald Brown with failure to file a tax return; the maximum penalty for this charge is one-year imprisonment.
The indictment notifies both defendants that the United States intends to seek forfeiture of at least $754,613.10, which is alleged to be traceable to the offenses.
According to the
indictment , in late 2013, Katrina Brown began to operate as the primary principal for two businesses (Basic Products, LLC and CoWealth, LLC) that had obtained a loan from the Small Business Administration (SBA) in 2011 for $2.652 million, as well as a loan of $380,000 and grant of approximately $260,000 from the City of Jacksonville (COJ), to fund a business that specialized in manufacturing, bottling, and selling barbecue sauce.Katrina Brown’s family had been in the barbecue business in Jacksonville for many years. The loan/grant money was supposed to fund an expansion of Basic Products and help to create permanent manufacturing jobs in Northwest Jacksonville. Each time Katrina Brown sought money for Basic Products from SBA-approved lender BizCapital, she prepared a Loan Reimbursement Form that included the purported business expenses for which Basic Products sought reimbursement.
In late 2013, when the barbecue business was not meeting financial projections, Katrina Brown approached Reginald Brown about incorporating two businesses, A Plus Training and Consultants, LLC and RB Packaging, LLC, with the Florida Division of Corporations. Katrina Brown worked together with Reginald Brown to submit fake invoices from A Plus Training and RB Packaging to BizCapital claiming that the businesses performed work for Basic Products requiring reimbursement, when the businesses had not.
When BizCapital sent the reimbursement checks for A Plus Training and RB Packaging to Reginald Brown’s home, or his mother’s home, Reginald Brown deposited them into the bank accounts for the businesses. He then withdrew a significant portion of the funds and provided them back to Katrina Brown who, either kept them or deposited the funds back into the Basic Products bank account that she controlled.
During this process, from late 2013 to early 2015, Reginald Brown and RB Packaging served as a conduit to receive $251,919.04 in SBA loan proceeds from BizCapital, and then funneled at least $166,500.00 back to Basic Products. Reginald Brown kept the difference in the RB Packaging account and used the majority of the money for personal expenses.
Reginald Brown never filed a tax return for tax year 2014, and he failed to disclose to the IRS that he had received tens of thousands of dollars from the SBA.
In December 2014, BizCapital sent all of the loan draw information to the City of Jacksonville, which included the numerous fraudulent A Plus Training and RB Packaging invoices. This information induced the City of Jacksonville to send $210,549.99 in grant money to BizCapital for the intended use of Basic Products. Katrina Brown and Reginald Brown failed to inform BizCapital that Basic Products fraudulently obtained at least $251,919.04 in loan payments made to Reginald Brown’s shell companies (A Plus Training and RB Packaging).
After BizCapital informed Katrina Brown that the SBA loan was in default status in January 2015, she attempted to obtain two bank loans by submitting doctored and false bank statements to loan brokers seeking loans to infuse cash into her and her family’s businesses. She falsified the statements in an attempt to make it appear that the businesses were creditworthy, when in fact they were not.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation. It will be prosecuted by Assistant United States Attorneys Tysen Duva and Michael Coolican.
Jacksonville Woman Sentenced to Seven Years in Prison After Smuggling Mexican Woman to United States and Treating Her as A Domestic Slave and Uncompensated Pregnancy SurrogateRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Esthela Clark (49, Jacksonville) to seven years in federal prison for forced labor. She faces deportation to Mexico upon completion of her sentence. The United States previously forfeited Clark’s 2003 Chevrolet Avalanche, which was used to facilitate the offense. Clark pleaded guilty on March 27, 2017.
According to evidence presented at the sentencing hearing, in late 2012, Clark traveled to Mexico, where she met her victim. She told the woman that she was searching for someone to serve as a pregnancy surrogate, and that the process would be medically supervised. The victim, a citizen of Mexico, agreed to serve as a surrogate for Clark in exchange for a payment of several thousand dollars once a baby was delivered.
Clark arranged for so-called “coyotes” to smuggle the victim across the border from Mexico into the United States; the victim ultimately arrived in Jacksonville in December 2012. Almost immediately, Clark began attempting to inseminate the victim using syringes containing her boyfriend’s sperm that she had retrieved from used condoms. This procedure was undertaken three to four times a day, on Clark’s dining room floor, when Clark believed her victim was fertile.
When, after several months, the victim did not become pregnant, Clark began forcing her to have unprotected sex with strangers. She also forced her victim to engage in domestic labor through physical and psychological abuse. On one occasion, after Clark believed that the victim had used too much bleach while cleaning, Clark forced the victim to sleep in a puddle of bleach on the floor.
She also isolated the victim from her family and limited her to a diet consisting exclusively of beans, resulting in a 65-pound weight loss.
“The victim in this case was rescued from unthinkable circumstances,” said HSI Tampa Special Agent in Charge James C. Spero. “Now, the perpetrator will be held accountable, thanks to a concerned citizen, HSI special agents, the Jacksonville Sheriff’s Office and U.S. Border Patrol.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations with assistance from the Jacksonville Sheriff’s Office and U.S. Border Patrol. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Convicted Felon Sentenced to Federal Prison for Possession of High-Capacity Semi Automatic FirearmRead the Press Release
Jacksonville, Florida – U.S. District Judge Harvey E. Schlesinger has sentenced Sheldon Tarence Wright (27, Savannah, GA) to 46 months in federal prison, followed by three years of supervised release, for possessing a firearm as a convicted felon. He pleaded guilty on February 21, 2018.
According to court documents, on March 3, 2011, Wright was convicted in Chatham County, Georgia, of the felony offenses of aggravated assault, robbery, and possession of a controlled substance. He was sentenced to ten years in prison, to be followed by ten years of probation. On July 10, 2017, he was released on parole after serving about eight and a half years of the sentence.
On October 22, 2017, officers with the Jacksonville Sheriff’s Office responded to a citizen complaint regarding suspected illegal activity in the area of a motel on Philips Highway. One of the officers approached a vehicle in the parking lot and spoke to the driver and Wright, who was in the front passenger seat. During this encounter, the officer saw the butt of a gun sticking out from under the front of the passenger seat.
After finding the gun, the officers detained both the driver and Wright. After being advised of his constitutional rights, Wright told the officers that the gun was his. The driver also told the officers that the gun belonged to Wright. The firearm was later determined to be a semi-automatic .22 caliber pistol with a high-capacity magazine loaded with 30 rounds of ammunition. As a previously convicted felon, Wright was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
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.
Three Additional Members of Heroin Drug Trafficking Organization Plead GuiltyRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that Harold Omar Vargas-Delgado (33, Kissimmee), Cary Mitchelle Vargas-Delgado (34, Orlando), and Angel Ruben Maldonado, Jr. (42, Orlando) today pleaded guilty to charges related to their involvement in multiple conspiracies to distribute heroin throughout central Florida. In addition, Harold Omar Vargas-Delgado pleaded guilty to possessing with the intent to distribute a kilogram or more of heroin, possessing a firearm as a convicted felon, and possessing a firearm in furtherance of a drug trafficking crime.
Harold Omar Vargas-Delgado faces a maximum penalty of life in federal prison. Cary Mitchelle Vargas-Delgado faces a maximum penalty of 40 years in federal prison, and Angel Ruben Maldonado, Jr. faces a maximum sentence of 20 years in federal prison.
Previously, two other members of the drug trafficking organization, Eliazer Cruz (52, Kissimmee) and Hector Pabellon Nunez (51, Kissimmee), pleaded guilty to conspiracy to distribute heroin. Cruz faces a maximum penalty of 20 years in federal prison, and Nunez faces a maximum penalty of 40 years in federal prison.
According to the defendants’ plea agreements, in March 2016, law enforcement received an anonymous tip about a heroin drug trafficking organization (“DTO”) operating in the central Florida area. On six occasions, between October 2016 and May 2017, an undercover officer (“UC”) purchased approximately 111 grams of heroin from Cary Mitchelle Vargas-Delgado, Harold Omar Vargas-Delgado’s sister. During one of those transactions, Cary Mitchelle Vargas-Delgado, speaking in Spanish, discussed with the UC the high quality of the heroin and that it was “uncut.” She said that since the heroin was “pure,” the UC would be able to “work it” and make more money.
Law enforcement also learned that the DTO distributed kilogram amounts of heroin weekly to other groups and individuals around Florida. Harold Omar Vargas-Delgado provided large, distribution amounts of heroin to his sister. She then distributed gram amounts of heroin to others, including Angel Maldonado, Cruz, and Nunez, who would then further aid in the distribution of that heroin to other users.
On October 20, 2017, law enforcement officers executed a search warrant at Harold Omar Vargas-Delgado’s home in Kissimmee and seized 2.8 kilograms of heroin laced with fentanyl, along with a brick/kilogram press; a heat sealer; approximately $16,000 in cash; men’s jewelry, including watches, valued at over $100,000; six cellphones; two 50-round ammunition magazine drums; two respirator masks; a hydraulic jack; and a money counter. They also seized eleven firearms, three of which had been reported stolen, and several additional magazines of ammunition. Some of the firearms were recovered from secret compartments that had been custom built into several of the vehicles parked at the home.
Also on October 20, 2017, law enforcement officers arrested Cary Mitchelle Vargas-Delgado and seized from inside her home $6,238 in cash, a .380 caliber firearm, a scale, several small baggies, and several cellphones.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service – Criminal Investigation, the Osceola County Bureau of Investigation, and the Kissimmee Police Department. It is being prosecuted by Assistant United States Attorney Sean P. Shecter.
Jacksonville Man Who Sold Firearms and Crack Cocaine to Undercover Agent Pleads GuiltyRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Darrick “Block” Stafford (41, Jacksonville) today pleaded guilty to distributing 28 grams or more of crack cocaine and to possessing a firearm as a convicted felon. He faces a minimum mandatory penalty of 5 years, and up to 50 years, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Stafford participated in a series of transactions involving the sale of firearms (including assault-style rifles) to an undercover agent and a confidential informant working for the Bureau of Alcohol, Tobacco, Firearms and Explosives. Stafford also sold the undercover agent powder cocaine and crack cocaine. When Stafford was arrested by detectives from the Jacksonville Sheriff’s Office, they recovered a .45 caliber pistol that had been hidden under the hood of the car that he was driving. Due to his prior felony convictions, including robbery and firearms offenses, Stafford is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Jacksonville Man Pleads Guilty to Distributing Child Sex Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces that Pryce Elijah Demars (25, Jacksonville) has pleaded guilty to distributing child pornography. He faces a minimum mandatory penalty of 5 years, and up to 20 years, in federal prison. A sentencing date has not yet been set.
According to court documents, on November 15, 2017, law enforcement officers executed a search warrant at Demars’s residence in connection with a child exploitation investigation involving online users of a particular file-sharing program. FBI agents had determined that between August 2016 and April 2017, Demars distributed videos online depicting young children being sexually abused. During an interview, he admitted, among other things, that he had searched for child pornography on the internet, downloaded it, and then distributed it to another individual in exchange for video games and other items of value.
This case was investigated by the Federal Bureau of Investigation, the Jacksonville Sheriff’s Office, and the Nassau County Sheriff’s Office. 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.