Middle District of Florida

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Tedderick Fields to four years and three months in federal prison for filing false claims with the Internal Revenue Service. He was also ordered to pay $7,775 in restitution to the IRS. Fields pleaded guilty on February 1, 2018.

According to court documents, Fields admitted to filing false tax returns in his name from 2011 through 2013. He reported wages that he had not earned from a business that he had incorporated, Dew’s T-Shirts and Accessories, and falsely claimed that he withheld federal income tax. In 2011, Fields filed a false tax return in his name, claiming that he had earned over $50,000 in wages and had withheld more than $14,000. The false claims resulted in a fraudulent tax refund of $7,775. In 2012, he filed another false tax return in his name, claiming that he had earned $1 million in wages and had withheld $400,000. This false claim resulted in the issuance of a fraudulent tax refund check in excess of $400,000.

This case was investigated by Internal Revenue Service – Criminal Investigation, with assistance from the St. Lucie County Sherriff’s Office. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of a 12-count indictment charging seven individuals, all of Manatee County, for their roles in a racketeering conspiracy involving murder, attempted murder, arson, robbery, drug trafficking, and other crimes. The attached summary chart identifies the individuals, charged offenses, and potential penalties. Anyone with information relevant to this case is encouraged to call 1-800-ATF-GUNS (1-800-283-4867) or email [email protected].

According to the indictment, Jordan Rodriguez (24), Andrew Thompson (23), Alfonzo Churchwell (31), Juan Ortiz (24), Raymy Escoto (23), Phillip Uscanga (24), and Jesse Rodriguez (20) were part of an ongoing criminal enterprise in Manatee County that furthered their illegal activities by, among other things, using and threatening to use various levels of violence, ranging from simple assault to murder, and by concealing and destroying evidence of, and tampering with witnesses to, their illegal activities.

The indictment alleges that on January 1, 2016, Thompson shot and killed Demetrius Robinson and Florence Randall. On the same day, Jordan Rodriguez, Ortiz, Escoto, and Uscanga committed a drive-by shooting, killing Julio Tellez. On September 11, 2017, Churchwell shot and killed Earnestine Gardner. On January 13, 2017, Thompson shot and killed LaShawna Stevenson-Weeks and Berry Joseph.

The indictment also alleges that Jesse Rodriguez, Jordan Rodriguez, Andrew Thompson, and Alfonzo Churchwell used and maintained a drug premises.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Manatee County Sheriff’s Office, and the State Attorney’s Office for the Twelfth Judicial Circuit. It will be prosecuted by Assistant United States Attorneys Natalie Hirt Adams and Christopher F. Murray.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In 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.

Name

Charge/Count

Maximum Penalty

Jordan Rodriguez

Andrew Thompson

Alfonzo Churchwell

Juan Ortiz

Raymy Escoto

Phillip Uscanga

Jesse Rodriguez

(Count One)

RICO Conspiracy

 

Life in federal prison.

 

Jordan Rodriguez

Andrew Thompson

Alfonzo Churchwell

Jesse Rodriguez

(Count Two)

Drug Trafficking Conspiracy

 

20 years in federal prison.

Raymy Escoto

Phillip Uscanga

(Count Three)

Arson Conspiracy

Minimum mandatory term of 5 years, and up to 20 years, in federal prison.  

Raymy Escoto

Phillip Uscanga

(Count Four)

Arson

Minimum mandatory term of 5 years, and up to 20 years, in federal prison.  

Andrew Thompson

(Count Five)

Possession with the intent to distribute heroin, cocaine, and crack cocaine

20 years in federal prison.

Alfonzo Churchwell

 

(Count Six)

Discharge of a firearm resulting in death of Earnestine Gardner, during and in relation to a drug trafficking conspiracy

Minimum mandatory term of 10 years, and up to life, in federal prison (to run consecutive to any other term of imprisonment), or death.

Alfonzo Churchwell

(Count Seven)

Felon in possession of ammunition

10 years in federal prison.

Andrew Thompson

 

(Count Eight)

Attempted possession with the intent to distribute cocaine and methamphetamine

20 years in federal prison.

Andrew Thompson

 

(Count Nine)

Discharge of a firearm resulting in death of Lashawna Stevenson-Weeks, during and in relation to drug trafficking crimes

Minimum mandatory term of 10 years, and up to life, in federal prison (to run consecutive to any other term of imprisonment), or death.

Andrew Thompson

 

(Count Ten)

Discharge of a firearm resulting in death of Berry Joseph, during and in relation to drug trafficking crimes

Minimum mandatory term of 10 years, and up to life, in federal prison (to run consecutive to any other term of imprisonment), or death.

Andrew Thompson

(Count Eleven)

Possession of firearms and ammunition while subject to a restraining order

10 years in federal prison.

Jordan Rodriguez

Andrew Thompson

Alfonzo Churchwell

Jesse Rodriguez

(Count Twelve)

Using or maintaining a drug premises

20 years in federal prison.

Jacksonville, Florida – Anthony Davis Stagnitta (21, Jacksonville) has been arrested and charged by a federal criminal complaint with knowingly distributing child pornography using 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 supervised release. Stagnitta was detained pending a detention hearing that is scheduled for May 24, 2018. 

According to the complaint, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) conducted an undercover child exploitation investigation and determined that an individual using a messaging application had distributed two videos depicting the sexual abuse of infant children. The user was traced to Stagnitta’s home. On April 30, 2018, law enforcement officers executed a search warrant at his residence. During an interview, Stagnitta stated that he was a member of multiple group chats that discussed child pornography on this particular app, that he had sent videos containing child pornography to other app users via private messaging or posted them in the group chats, and that he had received approximately 150 files containing child pornography. An onsite forensic examination of Stagnitta’s smart phone revealed at least 25 images depicting young girls and boys being sexually abused.

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

Jacksonville, Florida – Paul Edward Lee, Jr. (38, Jacksonville) has been arrested and charged by a federal criminal complaint with soliciting child pornography using the internet. In 2011, Lee was convicted of lewd and lascivious molestation of a child in Duval County Circuit Court and is required to register as a sexual predator. Because of this prior conviction, Lee faces an enhanced minimum mandatory penalty of 25 years, and up to 50 years, in federal prison and a potential life term of supervision. He is currently in federal custody pending his detention hearing on May 7, 2018. 

According to the complaint, a law enforcement officer in Illinois discovered that a child was having online contact with a 38-year-old male in Florida through a smart phone application designed for children. The messages exchanged between the child and the adult, later identified as Lee, were sexual in nature.

On April 25, 2018, an FBI agent in Jacksonville, posing as the child, continued to communicate with Lee through text messaging. During these communications, Lee told the “child,” in graphic terms, how he wanted to have sex with “her,’’ and sent “her” several images and videos of his genitalia. On April 27, 2018, Lee repeatedly solicited the “child” to produce and send him graphic images and a video of “her” genitalia. On May 2, 2018, law enforcement officers executed a search warrant at Lee’s home and placed him under arrest.

This case was investigated by the FBI and the Jacksonville 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.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Ryan Elton Devore (31, Satsuma) to seven years in federal prison for receiving child sexual abuse videos over the internet. He was also ordered to serve a 15-year term of supervised release, register as a sex offender, and pay $3,000 in restitution to child victims. 

According to court documents, on July 18, 2017, law enforcement officers executed a search warrant at Devore’s home in connection with an online child exploitation investigation. When the agents asked Devore if he had come across pornography involving children under the age of 12, he responded affirmatively. Forensic analyses from Devore’s custom-built computer tower and cellphone revealed that the devices contained numerous depictions of child pornography, including at least 400 videos of children being sexually abused.   

This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Gainesville Police Department, and the Putnam County Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.

Tampa, FL – Jorge Eliecer Cifuentes-Cuero (54, Colombia, South America) has pleaded guilty to conspiracy to possess with the intent to distribute five kilograms or more of cocaine while aboard a vessel subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.

According to court documents, Cifuentes-Cuero was a principal member of a Colombian and Ecuadorean-based drug trafficking organization. He initially worked as a mechanic and mariner onboard vessels in the Eastern Pacific Ocean, and later, as he accumulated wealth, became an organizer of multi-ton cocaine loads transported by vessel from Colombia and Ecuador to locations in Central and Latin America. Cifuentes-Cuero is responsible for several maritime smuggling ventures in the international waters of the Eastern Pacific Ocean. In January 2013 and July 2014, the U.S. Coast Guard interdicted loads of cocaine, totaling over 1,000 kilograms, that were being smuggled aboard vessels (commonly referred to as “go-fast boats”).

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Assistant United States Attorney Thomas Palermo and Special Assistant United States Attorney Rebecca L. Castaneda. 

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Romany Cutolo Bonente (33, São Paulo, Brazil) to four years and nine months in federal prison for conspiring to produce and use counterfeit debit cards and for aggravated identity theft. He pleaded guilty on December 1, 2017.

According to court documents, between December 2016 and July 2017, Bonente and his co-conspirators fraudulently obtained debit card numbers by attaching skimming devices to various ATMs in the Orlando area, including  Longwood, Kissimmee, and Apopka. They also illegally obtained personal identification numbers (PINs) by attaching small video recording devices to the ATMs. The stolen card numbers were then encoded onto counterfeit cards, which they used together with the stolen PINs, to make fraudulent cash withdrawals from the victims’ bank accounts. Investigators recovered more than 2,500 stolen card numbers from Bonente’s laptop computer.

This case was investigated by the U.S. Secret Service, Orlando Field Office, the Apopka Police Department, and the U.S. Secret Service Brazil Resident Office. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.

Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Armando Lafuente (56, Palm Bay) to 12 months and 1 day in federal prison for theft of government money. As part of his sentence, the court also entered a money judgment for $157,471.57, the proceeds of the offense. Lafuente pleaded guilty on November 27, 2017.

According to court documents, between December 2009 and January 2017, Lafuente obtained various disability benefits from the Department of Veterans Affairs (VA) by claiming that he had completely lost the use of both of his feet due to a prior, service-connected injury. An investigation conducted by the VA Office of Inspector General confirmed that Lafuente had not completely lost the use of his feet; on the contrary, he could perform a wide range of normal activities—including walking, driving, climbing ladders, and mowing his lawn. The disability benefits Lafuente had received included special monthly compensation payments, transportation services, and an automobile grant. 

This case was investigated by the Department of Veterans Affairs, Office of Inspector General. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Vincent J. Jones, Jr. (47, Fernandina Beach) to eight years and four months in federal prison for distributing cocaine. He pleaded guilty on January 23, 2018. 

According to court documents, Jones sold cocaine to a confidential informant on three separate occasions in October 2017. When law enforcement officers witnessed him driving and attempted to arrest him pursuant to a warrant, he refused to pull over. The officers witnessed him throw a bag of crack cocaine out of the window before he eventually stopped his car. At the time of this incident, Jones had 10 prior felony drug convictions.

This case was investigated by the Nassau County Sheriff’s Office and the FBI.  It was prosecuted by Assistant United States Attorney Michael J. Coolican.

Jacksonville, Florida – U.S. District Judge Maria Morales Howard has sentenced James Edward Langford, IV (30, Jacksonville) to 33 months in federal prison for manufacturing and possessing counterfeit Federal Reserve notes.

According to court documents, in late July 2017, law enforcement officers received information that Langford was manufacturing counterfeit Federal Reserve notes at a hotel in Jacksonville. On July 25, 2017, U.S. Secret Service agents surveilled the hotel room and observed Langford and two others leave the room. Langford and one of the individuals discarded full trash bags by the hotel’s trash area. A search of the bags revealed several uncut sheets of wadded paper with printed images of counterfeit $20 bills.

Later that day, agents observed Langford leave the room and exit the hotel parking lot. Surveillance teams observed him driving erratically, cutting across three lanes of traffic, speeding, and entering an intersection and then making a sudden U-turn. Law enforcement initiated a traffic stop and, during a search of Langford, multiple counterfeit $20 Federal Reserve notes were recovered from Langford’s wallet. A subsequent search of Langford’s hotel room revealed numerous counterfeit notes and the computer media used to manufacture them, along with chemicals commonly used to remove the ink from genuine bills during the counterfeiting process.  

This case was investigated by the United States Secret Service - Jacksonville Field Office and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Bakari McCant (26, Orlando) to 32 years in federal prison for committing armed robberies at two Orlando-area Walmart Neighborhood Markets, for conspiring and attempting to commit a third armed robbery at a Walmart Neighborhood Market in Kissimmee, for possessing a firearm as a convicted felon, and for brandishing and possessing firearms during crimes of violence. He was found guilty on January 29, 2018, following a bench trial. In addition, Jarvis Wingster (28, Ocoee) and DeAndre Brewer (26, Orlando) were sentenced to 8 years’ imprisonment and 7 years and 1 month in federal prison, respectively, for their participation in the attempted armed robbery in Kissimmee and for possessing firearms in furtherance of that crime. They pleaded guilty on January 5, 2018.

According to court documents, shortly after midnight on June 2, 2017, McCant and two accomplices robbed the Walmart Neighborhood Market on Clarcona Ocoee Road in Orlando. On July 31, 2017, at approximately 3 a.m., McCant and two accomplices robbed the Walmart Neighborhood Market on South Orange Avenue in Orlando. During each of the robberies, McCant and one accomplice forced one or two employees into the cashier room at gunpoint and stole cash from the safe while another accomplice held the customers and remaining employees at gunpoint at the front of the store. During the first robbery, McCant fired a shot in the direction of an employee. He and his accomplices also displayed firearms and wore masks and gloves to conceal their identities during each of the robberies. In total, McCant and his accomplices stole more than $98,000 during these robberies.

In addition, shortly before midnight on August 16, 2017, law enforcement officers intercepted McCant, Wingster, and Brewer as they attempted to carry out an armed robbery at the Walmart Neighborhood Market on East Osceola Parkway in Kissimmee. At that time, they were each in possession of a firearm, mask, and gloves, which they intended to use to complete the robbery.

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

Orlando, Florida – U.S. District Judge Paul Byron today sentenced Jeremy Achey (43, Bethlehem, Pennsylvania) to life in federal prison for conspiracy to distribute and distribution of controlled substance analogues. A federal jury found Achey guilty of the offenses on January 25, 2018.

“Today’s sentence underscores the severity of these crimes, and their lethal consequences,” said U.S. Attorney Chapa Lopez. “Combating such crimes remain a top priority of our office. We will continue to prosecute them to the fullest extent of the law.”

“The sentence delivered today illustrates the dangers of illicit drugs mixed with fentanyl,” said Adolphus P. Wright, Special Agent in Charge of the DEA, Miami Field Division. “Let me be clear to all those who feel safe hiding behind the dark web to dispense lethal drugs, you will eventually pay a high price for your actions.”

According to testimony presented at trial, Achey, operating under the name “EtiKing,” was one of the largest synthetic drug distributors on Alphabay Market, a “Darknet” marketplace for illicit substances. Achey used the U.S. Mail to distribute thousands of packages containing numerous synthetic drugs to hundreds of customers throughout the United States. On February 27, 2017, he sold one gram of Tetrahydrofuran fentanyl (a synthetic analogue of fentanyl) that killed a 24-year-old woman in Orlando. 

This case was investigated by the Drug Enforcement Administration, with assistance from the Pennsylvania State Troopers, the Orange County Sheriff’s Office, the U.S. Postal Inspection Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Loudoun County (Virginia) Sheriff’s Office. It was prosecuted by Assistant United States Attorney Nathan W. Hill.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Daniel Dale Barton, Sr. (57, Brevard County) to seven years in federal prison for receipt of child pornography. The court also ordered him to serve a 10-year term of supervised release and to forfeit a laptop computer, which was used in committing the offense. Barton pleaded guilty on February 7, 2018.

According to court documents, on March 2, 2017, an FBI Task Force Agent identified an Internet Protocol (IP) address that was being used to distribute images of child pornography. The agent downloaded child pornography images directly from the suspect’s computer and traced the IP address to a church located in Brevard County, Florida. On April 24, 2017, the agent executed a search warrant at the church, where she encountered Barton. Barton stated that he worked as a pastor for the church. He also admitted that he had used the church’s internet and his personal computer to search for and view child pornography. 

Specifically, Barton used peer-to-peer software to download images of child pornography and masturbated to those images. Barton stated that he had been viewing child pornography since he was a kid, felt guilty about viewing these images, and indicated that he had recently deleted them. A forensic analysis of Barton’s laptop computer revealed over 2,000 images of prepubescent girls engaged in the lascivious exhibition of genitals, which Barton had deleted from his computer.    

This case was investigated by the FBI and the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

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

Tampa, Florida – John Lowell Goff, Jr. (46, Ruskin) today pleaded guilty to four counts of bank robbery. He faces a maximum penalty of 20 years in federal prison on each count. His co-defendant, Lemuel Tony Davis (43, Eufala, Alabama), previously pleaded guilty to one count of bank robbery. He faces a maximum penalty of 20 years in federal prison. Sentencing dates have not yet been set.

According to court documents, Goff robbed the BB&T bank located at 5331 Spring Hill Drive (Spring Hill) on August 29, 2017 and again on September 20, 2017; the Fifth Third bank located at 16509 Fishhawk Boulevard (Lithia) on September 5, 2017; and the BB&T bank located at 180 North Suncoast Boulevard (Crystal River) on September 6, 2017. During each of these robberies, Goff intimidated the bank tellers by implying that he would hurt them and threatening that he had a gun on at least one occasion. Consequently, all of the tellers gave Goff money from their banks’ cash drawers. When Goff robbed the Spring Hill BB&T bank the second time, he fled the scene in a car driven by Davis. Shortly thereafter, responding law enforcement officers pulled the car over and arrested both men.

This case was investigated by the FBI, the Hernando County Sheriff’s Office, the Hillsborough County Sheriff’s Office, and the Citrus County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.

The president and owner of a Florida pharmacy that was at the center of a massive compounding pharmacy fraud scheme, which impacted private insurance companies, Medicare and TRICARE, was sentenced today to 180 months in prison and ordered to pay $54 million in restitution for his role in the scheme.  Six other individuals have previously been sentenced in connection to the scheme, and another is scheduled to be sentenced on Monday, April 30.  Various real properties, cars and a 50-foot boat were forfeited as part of the sentencings. 

 

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Eric W. Sporre of the FBI’s Tampa Field Office, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office, Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Special Agent in Charge John F. Khin of the U.S. Defense Criminal Investigative Service’s (DCIS) Southeast Field Office made the announcement.

 

Nicholas A. Borgesano Jr., 45, of New Port Richey, Florida, the president and owner of A to Z Pharmacy of New Port Richey, pleaded guilty on Nov. 6, 2017, in the Middle District of Florida to one count of conspiracy to commit health care fraud and one count of conspiracy to engage in monetary transactions involving criminally derived property.  His sentencing was before Senior U.S. District Judge James S. Moody Jr of the Middle District of Florida.  

 

According to admissions made as part of his plea agreement, Borgesano owned and operated numerous pharmacies and shell companies that he and his co-conspirators used to execute a fraud scheme involving prescription compounded medications.  The scheme generated over $100 million in fraud proceeds, he admitted.  Borgesano acquired and controlled A to Z Pharmacy in New Port Richey, Havana Pharmacy, Medplus/New Life Pharmacy and Metropolitan Pharmacy, all of Miami; and Jaimy Pharmacy and Prestige Pharmacy, both of Hialeah, Florida.  He admitted using these pharmacies to cause the submission of false and fraudulent reimbursement claims for prescription compounded medications, chiefly pain creams and scar creams, to private insurance companies, Medicare and TRICARE.  Borgesano admitted that he and his co-conspirators manipulated billing codes in the reimbursement claims and submitted reimbursement claims for pharmaceutical ingredients they did not have.  Borgesano and his co-conspirators also paid kickbacks and bribes in exchange for prescriptions and patient identifying information used to further the scheme, including to a physician in exchange for the physician signing prescriptions for patients he never saw.  Borgesano admitted using A to Z Pharmacy as the hub of his operation on behalf of all his pharmacies.  He disbursed proceeds of the fraud scheme through a variety of methods, including by check and wire transfer to co-conspirators’ shell companies and through the purchase of assets, he admitted. 

 

In addition to Borgesano, the following defendants have previously been sentenced for their roles in the scheme:

 

• Scott P. Piccininni, 49, of Fort Lauderdale, Florida, sentenced to 51 months in prison;
• Bradley Sirkin, 55, of Boca Raton, Florida, sentenced to 46 months in prison;
• Peter B. Williams, 57, of New Port Richey, sentenced to 26 months in prison, to be served consecutively to a 60-month sentence of imprisonment he is serving as a result of his guilty plea to a separate indictment returned in the Southern District of Florida;
• Joseph Degregorio, 71, of New Port Richey, sentenced to one year and one day in prison;
• Matthew N. Sterner, 48, of New Port Richey, sentenced to 36 months in prison; and
• Edwin Patrick Young, 49, of New Port Richey, sentenced to 66 months in prison.

 

Wayne M. Kreisberg, 40, of Parkland, Florida, is scheduled to be sentenced on April 30.

 

Among the items forfeited were several cars, including a 1936 Ford Deluxe, a 1964 Chevrolet Corvette convertible, a 1967 Chevrolet Camaro, a 1970 Chevrolet Monte Carlo and a 2008 Lamborghini convertible.  Several boats were forfeited, including a 2009 50’7” Cigarette racing boat.   The combined equity in the real properties, cars and boat that were forfeited is over $7.6 million.  The real properties, cars and boat had been purchased with proceeds from the fraud scheme. 

 

This case was investigated by the FBI with support from HHS-OIG and DCIS and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida.  The case is being prosecuted by Trial Attorney Timothy P. Loper of the Fraud Section.  The case was previously handled by Senior Trial Attorney Christopher Hunter, previously of the Fraud Section.

 

The Fraud Section leads the Medicare Fraud Strike Force, which is 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 nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

Tampa, FL – The president and owner of a Florida pharmacy that was at the center of a massive compounding pharmacy fraud scheme, which impacted private insurance companies, Medicare and TRICARE, was sentenced today to 180 months in prison and ordered to pay $54 million in restitution for his role in the scheme.  Six other individuals have previously been sentenced in connection to the scheme, and another is scheduled to be sentenced on Monday, April 30.  Various real properties, cars and a 50-foot boat were forfeited as part of the sentencings. 

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Eric W. Sporre of the FBI’s Tampa Field Office, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office, Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Special Agent in Charge John F. Khin of the U.S. Defense Criminal Investigative Service’s (DCIS) Southeast Field Office made the announcement.

Nicholas A. Borgesano Jr., 45, of New Port Richey, Florida, the president and owner of A to Z Pharmacy of New Port Richey, pleaded guilty on Nov. 6, 2017, in the Middle District of Florida to one count of conspiracy to commit health care fraud and one count of conspiracy to engage in monetary transactions involving criminally derived property.  His sentencing was before Senior U.S. District Judge James S. Moody Jr of the Middle District of Florida.  

According to admissions made as part of his plea agreement, Borgesano owned and operated numerous pharmacies and shell companies that he and his co-conspirators used to execute a fraud scheme involving prescription compounded medications.  The scheme generated over $100 million in fraud proceeds, he admitted.  Borgesano acquired and controlled A to Z Pharmacy in New Port Richey, Havana Pharmacy, Medplus/New Life Pharmacy and Metropolitan Pharmacy, all of Miami; and Jaimy Pharmacy and Prestige Pharmacy, both of Hialeah, Florida.  He admitted using these pharmacies to cause the submission of false and fraudulent reimbursement claims for prescription compounded medications, chiefly pain creams and scar creams, to private insurance companies, Medicare and TRICARE.  Borgesano admitted that he and his co-conspirators manipulated billing codes in the reimbursement claims and submitted reimbursement claims for pharmaceutical ingredients they did not have.  Borgesano and his co-conspirators also paid kickbacks and bribes in exchange for prescriptions and patient identifying information used to further the scheme, including to a physician in exchange for the physician signing prescriptions for patients he never saw.  Borgesano admitted using A to Z Pharmacy as the hub of his operation on behalf of all his pharmacies.  He disbursed proceeds of the fraud scheme through a variety of methods, including by check and wire transfer to co-conspirators’ shell companies and through the purchase of assets, he admitted. 

In addition to Borgesano, the following defendants have previously been sentenced for their roles in the scheme:

• Scott P. Piccininni, 49, of Fort Lauderdale, Florida, sentenced to 51 months in prison;
• Bradley Sirkin, 55, of Boca Raton, Florida, sentenced to 46 months in prison;
• Peter B. Williams, 57, of New Port Richey, sentenced to 26 months in prison, to be served consecutively to a 60-month sentence of imprisonment he is serving as a result of his guilty plea to a separate indictment returned in the Southern District of Florida;
• Joseph Degregorio, 71, of New Port Richey, sentenced to one year and one day in prison;
• Matthew N. Sterner, 48, of New Port Richey, sentenced to 36 months in prison; and
• Edwin Patrick Young, 49, of New Port Richey, sentenced to 66 months in prison.

Wayne M. Kreisberg, 40, of Parkland, Florida, is scheduled to be sentenced on April 30.

Among the items forfeited were several cars, including a 1936 Ford Deluxe, a 1964 Chevrolet Corvette convertible, a 1967 Chevrolet Camaro, a 1970 Chevrolet Monte Carlo and a 2008 Lamborghini convertible.  Several boats were forfeited, including a 2009 50’7” Cigarette racing boat.   The combined equity in the real properties, cars and boat that were forfeited is over $7.6 million.  The real properties, cars and boat had been purchased with proceeds from the fraud scheme. 

This case was investigated by the FBI with support from HHS-OIG and DCIS and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida.  The case is being prosecuted by Trial Attorney Timothy P. Loper of the Fraud Section.  The case was previously handled by Senior Trial Attorney Christopher Hunter, previously of the Fraud Section.

The Fraud Section leads the Medicare Fraud Strike Force, which is 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 nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

Orlando, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Ronald Wiley (36, Melbourne) with distributing heroin and cocaine that resulted in the death of another, distributing oxycodone, distributing heroin, possessing a firearm as a convicted felon, and two counts of carrying a firearm in relation to a drug trafficking crime. If convicted on all counts, he faces a maximum penalty of life in federal prison. The indictment also notifies Wiley that the United States intends to forfeit numerous firearms and ammunition, which are alleged to be traceable to the offenses. 

According to the indictment, Wiley distributed heroin and cocaine to an individual identified as S.J. on January 26, 2018. S.J. overdosed and died after ingesting the heroin and cocaine that Wiley had provided. In addition, on two other occasions in February 2018, Wiley distributed oxycodone and heroin to another individual while armed with a firearm. He also possessed four firearms on March 7, 2018. As a previously convicted felon, Wiley is prohibited from possessing firearms or ammunition under federal law.

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

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Brevard County Sheriff’s Office, with assistance from the Drug Enforcement Administration. It will be prosecuted by Assistant United States Attorney Shawn P. Napier.

Tampa, Florida – Joshua Christian Cantrell (24, Dade City) pleaded guilty today to conspiracy to distribute 50 grams or more of methamphetamine and to carrying a firearm during a drug trafficking crime. He faces a mandatory minimum term of 15 years, and up to life, in federal prison. His co-conspirator, Tracy Lee Williams, a/k/a Tracy Lee Spann, (38, Tampa), previously pleaded guilty to conspiracy to distribute 50 grams or more of methamphetamine. She faces a mandatory minimum term of 10 years, and up to life, in federal prison. Sentencing dates have not yet been set.

According to the plea agreements, on three separate occasions, in April and May 2017, Williams sold methamphetamine to an undercover detective in Brandon.  During the first transaction, Williams sold the undercover detective approximately one ounce of methamphetamine. On the second occasion, she sold the detective approximately two ounces of methamphetamine. Cantrell drove Williams to conduct the third sale which involved approximately eight ounces of methamphetamine. They were both subsequently arrested. Law enforcement found a loaded pistol in Cantrell’s waistband and a search of his vehicle revealed another pistol, additional weapons, ammunition, methamphetamine, and drug paraphernalia.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. 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.

Tampa, FL – U.S. District Judge James S. Moody, Jr. today sentenced Johnnie Earl Ross (24, Tampa) to six years in federal prison for conspiracy to commit credit card fraud and aggravated identity theft. He pleaded guilty on February 8, 2018.

According to court documents and statements made in open court, from at least January 2015, through November 2016, Ross and others affiliated with the “Manche Boy Mafia” or “MBM” organization conspired to commit credit card fraud and identity theft in the Tampa Bay area. To facilitate the scheme, the conspirators purchased stolen credit and debit card account numbers online from various websites, some of which used bitcoins as their currency. They then purchased or stole reloadable gift cards and used machines to emboss the stolen account numbers and their own names onto the front of these altered gift cards, thereby producing counterfeit credit cards. The conspirators then used these counterfeit cards at various retailers around the Tampa Bay area to purchase gift cards and electronics, which they either kept or sold for cash. 

Investigators determined that these individuals had engaged in hundreds of successful transactions with counterfeit credit cards, and had possessed and used thousands of stolen account numbers from individuals across the United States. In total, Ross was held responsible for more than $540,000 in intended or attempted purchases with counterfeit credit cards and stolen account information.

This case was investigated by the FBI and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Mandy Riedel.

Tampa, Florida – A federal jury has found identical twin brothers Noel Graveran-Palacios (37, Tampa) and Yoel Graveran-Palacios (37, Tampa) guilty of conspiracy, credit card fraud, and aggravated identity theft. Each faces a maximum penalty of 5 years in federal prison for the conspiracy count, 10 years’ imprisonment for each credit card fraud count, and a consecutive 2 years’ imprisonment for each aggravated identity theft count. The sentencing hearings have been scheduled for July 20, 2018. 

According to testimony and evidence presented at trial, Noel and Yoel Graveran-Palacios worked together, and with others, to place skimmers on gas pumps in the Tampa Bay area. Using the account numbers stolen from the skimmers, they made counterfeit credit cards and then used them to purchase merchandise at area retailers, including gas, toys, clothes, and gift cards. The twins then used the gift cards to purchase merchandise at home improvement stores, and later returned the items for cash. Trial evidence included hundreds of recovered stolen account numbers, as well as dozens of store surveillance videos featuring the conspirators using the counterfeit credit cards. While the jurors were deliberating, the brothers fled the area together, but were later re-arrested in Texas, near the Mexican border. 

This case was investigated by the U.S. Secret Service and the Tampa Police Department, with assistance from the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Mandy Riedel.

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Arritta Spence (48, Haines City) to one year and three months in federal prison for theft of government funds. As part of her sentence, the court also entered a money judgment of $117,234.40, the proceeds of the offense. Spence pleaded guilty on December 4, 2017.

According to court documents, Spence received Supplemental Security Income (SSI) benefits from the Social Security Administration (SSA) and served as the representative payee for five of her minor children. In addition, she also received Supplemental Nutrition Assistance Program (SNAP) and Medicaid benefits through the Florida Department of Children and Families (DCF).

Spence failed to notify the SSA and the DCF about changes in her household composition and her available resources, which resulted in overpayment to Spence and her children. Specifically, she failed to report significant income from her casino winnings. On March 4, 2010, Spence won $20,568.78 at the Seminole Hard Rock Hotel and Casino in Tampa. Between January 2011 and March 2014, she won an additional $108,776.90 at that casino. Because Spence failed to report her casino winnings and other changes in resources and household composition to the SSA and the DCF, she and her children were over paid approximately $100,000 in SSI, SNAP, and Medicaid benefits.

This case was investigated by the Social Security Administration Office of the Inspector General, the Florida Department of Financial Services Division of Public Assistance Fraud, and the Department of Health and Human Services Office of Inspector General. It was prosecuted by Assistant United States Attorney Rachel K. Jones.

Tampa, Florida – U.S. District Judge Virginia Hernandez Covington has sentenced Michael Washington (34, Tampa) to four years and three months in federal prison for wire fraud and aggravated identity theft. The court also entered a forfeiture money judgment in the amount of $143,532, the total proceeds of the fraud. Washington pleaded guilty on February 2, 2018.         

According to court documents, on July 2, 2016, Washington was arrested at the Seminole Hard Rock Hotel and Casino in Tampa with nine counterfeit credit cards, encoded with account numbers from Canadian Imperial National Bank (CIBC) in his possession. He fraudulently used the CIBC account numbers to encode and emboss the credit cards that he then used to purchase goods, including cartons of cigarettes from the Tribal Smoke Shop, and gift cards from retail stores in Florida. Washington sold the gift cards for cash, for approximately 60% of their face value.

Washington sold more than 490 gift cards that he had purchased with counterfeit CIBC cards, with a value exceeding $44,000. The total loss for the nine counterfeit credit cards and the fraudulent purchases, including the cigarettes, was $143,532.47.

This case was investigated by the U.S. Secret Service, the Florida Department of Law Enforcement, the Hillsborough County Sheriff’s Office, and the Seminole Tribe Police Department. It was prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.

 

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging Deltra Long (66, St. Augustine) with theft of government funds and false claims against the government. If convicted, she faces a maximum penalty of 5 years in federal prison on the theft count, and up to 10 years’ imprisonment on the false claims count. The indictment also notifies Long that the United States intends to forfeit $10,022.36, which is alleged to be traceable to proceeds of the offense.

According to the indictment, between November 5, 2016, and April 21, 2017, Long made a false application for Federal Emergency Management Act (FEMA) funds after a house that she owned in St. Augustine was damaged by Hurricane Matthew. Qualified recipients of FEMA funds for disaster assistance are limited to the primary residence of a homeowner who lives in the premises at the time of the qualifying event. Long allegedly sought funds to restore rental property, which she did not occupy when Hurricane Matthew made landfall in Florida on October 3, 2016.

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

This case was investigated by the Department of Homeland Security Office of Inspector General and the U.S. Small Business Administration Office of Inspector General. It will be prosecuted by Assistant United States Attorney Jay Taylor.

Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. You may also visit www.justice.gov/usao-mdfl.

Orlando, Florida – A federal criminal complaint has been filed charging Kevin Michael Hutchinson (36, Orlando) with receipt of child pornography. If convicted, he faces a minimum mandatory penalty of 5 years, and up to 20 years, in federal prison. Hutchinson made his initial appearance in court earlier today and has been detained pending the outcome of the case.

According to the

complaint , Hutchinson initially distributed child pornography via a mobile messaging application. Then, hours before a federal search warrant was executed at his home yesterday, he received multiple images and videos of child pornography via the internet.

A criminal complaint is merely a formal charge that a defendant has violated one or more of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.        

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from the Florida Department of Law Enforcement. It will be prosecuted by Assistant United States Attorney Shawn P. Napier.

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

Fort Myers, Florida – Julia S. Kouragian (60, Sebring), also known as “Julia Newell” and “Jewels,” today pleaded guilty to four counts of mail fraud and four counts of wire fraud. She faces a maximum penalty of 20 years in federal prison on each count. A sentencing date has not yet been set.

According to court documents, Kouragian was employed by the U.S. Postal Service beginning in 1980. In 1996, she claimed that she was injured while working and subsequently began receiving federal workers’ compensation benefits, including full pay. In order to continue receiving benefits, she was required to report any improvements in her medical condition or her ability to work or maintain a level of employment.

It was later discovered that even though Kouragian claimed that she was physically unable to perform activities associated with walking, sitting, and standing for more than 15 minutes at a time, she had, from at least 2012 through July 2017, performed as the lead singer in a band and also handled the bookings and merchandise sales for the group. She failed to disclose these changes to her treating physicians. As a result of the fraud, she received more than $166,000 in federal workers’ compensation benefits.

This case was investigated by the U.S. Postal Service Office of Inspector General. It is being prosecuted by Assistant United States Attorney Yolande G. Viacava.

Jacksonville, Florida – A federal grand jury has returned an indictment charging Erick Williams (31, Jacksonville) with making a false claim against the United States related to Hurricane Irma. If convicted, he faces a maximum penalty of five years in federal prison, plus payment of restitution to the United States. Williams was arrested yesterday by agents from the Department of Homeland Security Office of Inspector General; he made his initial appearance in court and a trial date has been set for June 4, 2018.

According to the indictment, in September 2017, Williams used a false address when submitting an application for assistance to the Federal Emergency Management Agency’s (FEMA’s) Individuals and Households Program for Hurricane Irma. In the application, Williams lied about the address of his primary residence.

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

This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. This case was investigated by the Department of Homeland Security - Office of Inspector General. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. You may also visit www.justice.gov/usao-mdfl.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging five individuals with conspiring to distribute more than one kilogram of heroin, 400 grams of fentanyl, and 100 grams of a fentanyl analogue. If convicted, Anthony Jerome Lang (60, Tampa); Travell Kinkay Jones (40, West Palm Beach); Vanzini Nicholas Hansell (37, Tampa); Amber Miller (32, Tampa); and Carlton Reid Mallard (61, Tampa) each face a maximum penalty of life in federal prison.

According to the indictment, from at least June 2017 through February 2018, Lang, Jones, Hansell, Miller, and Mallard participated in a conspiracy to distribute heroin, fentanyl, and fentanyl analogues in the Middle District of Florida.

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

This case is the result of an Organized Crime Drug Enforcement Task force investigation conducted by the Drug Enforcement Administration, with assistance from the Tampa Police Department and the Florida Highway Patrol. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those organizations primarily responsible for the nation’s illegal drug supply. The case will be prosecuted by Assistant United States Attorney Dan Baeza.

Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of two indictments charging 15 individuals with federal drug trafficking violations. In one indictment, Jesus Manuel Rodriguez, a/k/a “Caltu,” (30, Brandon); Bryan Gomez Nevarez (30, Avon Park); Hector Jose Carrasquillo Perez, a/k/a “Tito” (25, Catano, Puerto Rico); Henry Coira (30, Avon Park); Luis Enrique Hernandez Quinones, a/k/a “Gordo” (28, Davenport); Avisys Lee Jackson (27, Tampa); Javier Albaladejo Lopez, a/k/a “the Barber” (23, Tampa); Jose Angel Mendoza, Jr. (28, Tampa); Pedro Luis Ramos Burgos (25, Kissimmee); William Leverne Norton, a/k/a “Cool” (40, Tampa); Edgar Hernandez, a/k/a “Chuck” (27, Tampa); and Ismael Pagan Marrero (42, Orlando) are charged with conspiracy and possession with the intent to distribute cocaine. If convicted, each faces a maximum penalty of life in federal prison. In a separate indictment, Roberto Torres Gracia, a/k/a “el Silencio” (40, Pinellas Park); Eddie Alberto Pagan Santiago, a/k/a “Primo” (37, San Juan, Puerto Rico); and David Santiago, a/k/a “Flaco” (33, Tampa) are charged with conspiracy and possession with the intent to distribute heroin. If convicted, each faces a maximum penalty of 40 years in federal prison.

According to the indictment and information presented in court, between May 2017 and April 2018, the defendants conspired to distribute more than 100 grams of heroin and more than 20 kilograms of cocaine.

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

These cases were investigated by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. Agencies involved in this OCDETF operation include the Federal Bureau of Investigation, the Tampa Police Department, the Florida Department of Law Enforcement, the Drug Enforcement Administration, the U.S. Postal Inspection Service, and the Hillsborough County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.

Tampa, Florida – U.S. District Judge James S. Moody, Jr. today sentenced Arvester Lamonica Anderson (47, Tampa) to 15 years in federal prison for possessing a firearm as a convicted felon. The court also ordered him to forfeit the firearm and ammunition used in the offense. Anderson pleaded guilty on February 1, 2018.

According to court documents, on June 22, 2017, Anderson and his roommate became involved in an altercation and the roommate, believing that Anderson had threatened him with a firearm, called the police. Officers from the Tampa Police Department responded and found a loaded pistol in Anderson’s closet. Anderson subsequently admitted to possessing the firearm. Due to his several prior felony convictions, Anderson 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 Tampa Police Department. It was prosecuted by Assistant United States Attorney Charlie D. Connally.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In 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, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Kevon Melendez (22, Bradenton) to five years and three months in federal prison for possessing with the intent to distribute carfentanil and cocaine. He pleaded guilty on January 12, 2018.

According to court documents, on February 14, 2017, law enforcement officers with the Drug Enforcement Administration and the Manatee County Sheriff’s Office were searching for a fugitive when they observed the fugitive riding in the backseat of a car Melendez was driving. As the officers approached the vehicle, they smelled the odor of marijuana coming from inside the car. The officers observed Melendez with a scale between his legs. As an officer was removing Melendez from the car, he observed Melendez drop a plastic bag containing several substances. Those substances later tested positive for cocaine (27.99 grams) and carfentanil (approximately 11 grams). Melendez also had $580 on his person.

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 dubbed “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.

Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Russel Lee Orr (42, Trinity) to 15 years in federal prison for attempted online enticement of a child to engage in sexual activity, attempted production of child pornography, and for soliciting for child pornography online. A federal jury found Orr found guilty on July 1, 2016. Prior to his arrest, Orr had worked as an aircraft mechanic in the Tampa area.      

According to testimony and evidence introduced during the four-day trial, between March 10 and May 20, 2015, Orr engaged in a series of text messages and email conversations with an individual he believed to be a 14-year-old girl. The “child” was actually a detective with the St. Johns County Sheriff’s Office. During the course of the conversations, Orr discussed in detail his desire to meet the “child” for sex. He also repeatedly solicited the “child” to produce and send photos of her genitalia to him. 

On May 21, 2015, FBI agents and other law enforcement officers executed a search warrant at Orr’s apartment and arrested him.  During the search of the home, the agents located and seized a smart phone that Orr had used to communicate with the “child” and also to search the internet for materials related to the sexual exploitation of children.   

This case was investigated by the St. Johns County Sheriff’s Office, the Volusia County Sheriff’s Office, the Pasco County Sheriff’s Office, and the FBI in Jacksonville and Tampa. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Orlando, Florida – A federal grand jury has returned an indictment charging Ramon Lopez-Alvarado (58), a citizen of Mexico, with illegally reentering the United States after deportation and failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA). If convicted, he faces a maximum penalty of 20 years in federal prison on the reentry count and up to 10 years in federal prison on the failure to register count. 

According to the indictment, Lopez-Alvarado, an illegal alien, was previously convicted for committing a lewd act on a child and for failing to register as a sex offender. He was removed from the United States in 2013 and, on March 17, 2018, was found to be back in the United States without permission. Upon returning to the United States from Mexico, Lopez-Alvarado also failed to register as a sex offender and keep his registration current as required by SORNA.

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

This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations and the U.S. Marshals Service. It will be prosecuted by Assistant United States Attorney Kara M. Wick.

Orlando, Florida – A federal jury has found Viktoriya Johnson (36, Orlando) guilty of wire fraud and conspiracy to commit wire fraud. She faces a maximum penalty of 20 years in federal prison on each count. Her sentencing hearing is set for August 18, 2018.

Johnson was indicted in May 2017, along with her co-defendant Leone Alfano La Cava (59, Orlando), who pleaded guilty to wire fraud on March 30, 2018.

According to evidence presented at trial, La Cava and Johnson orchestrated an international real estate investment scheme that defrauded at least 80 investors out of over $4 million. La Cava solicited individuals in Italy to purchase real estate in Orange County, Florida that he claimed would generate guaranteed rental income. Johnson and La Cava then used falsified deeds and loan documents to convince investors that they were purchasing property owned by La Cava or Golden Investment, Inc., a real estate investment company incorporated by Johnson in 2010. In reality, those properties either did not exist, were never owned by La Cava, Johnson, or Golden Investment, or had already been sold to another investor. Instead of using the funds to purchase the real estate promised to investors, La Cava and Johnson used portions of the money for their own personal use. Johnson received over $1.3 million in investor funds that she used to purchase four properties and two luxury vehicles for herself.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Nathan W. Hill and Chauncey A. Bratt.

 

Jacksonville, Florida – Following a five-day trial, a federal jury has found Jason James Neiheisel (28, Jacksonville) guilty of sharing child sex abuse videos and making them available for online for distribution. He faces a minimum mandatory penalty of 5 years, up to 40 years, in federal prison and a potential life term of supervised release. A sentencing date has not yet been set. FBI agents arrested Neiheisel on May 4, 2017.

According to evidence and testimony presented at trial, an FBI task force officer conducted an online investigation of individuals using the internet to trade child pornography. He identified a host computer that was offering child pornography for distribution using a file-sharing network and downloaded approximately 48 videos, several of which depicted young children being sexually abused. The host computer was later traced to Neiheisel’s home. On April 11, 2017, agents made contact with Neiheisel at his apartment, where he told them that he had downloaded child pornography for “a while,” and that he enjoyed the “thrill of the hunt” to see what kind of child pornography files he could find. A subsequent forensic examination of Neiheisel’s tablet revealed no child pornography but confirmed that Neiheisel had used the tablet to access the file-sharing network. Neiheisel admitted that he knew that he had made the child pornography videos available to others on the file-sharing network.

This case was investigated by the Columbia County Sheriff’s Office and the FBI. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Tampa, Florida – Gregory A. Douglas, Jr. (40, Tampa) has pleaded guilty to submitting a false claim. He faces a maximum penalty of five years in federal prison. His sentencing hearing has not yet been set.

According to the plea agreement, after Hurricane Irma hit Florida in September 2017, Douglas used a false address in Tampa to apply for $1,514 in disaster assistance from the Federal Emergency Management Agency (“FEMA”).  Douglas did not reside at or own a home at that address at the time of the storm.  Nevertheless, in his application to FEMA, he falsely represented it to be his primary residence. Douglas also falsely represented that he had been displaced and that he had incurred expenses for temporary housing and critical needs assistance.

This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017. The case was investigated by the U.S. Department of Homeland Security – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.

Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. You may also visit www.justice.gov/usao-mdfl.

Tampa, FL — Today, as the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.

“Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. “It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home.”

“All discrimination stains the very fabric of our nation, but HUD is especially focused on protecting the right of everyone to feel safe and secure in their homes, free from unwanted sexual harassment,” said Secretary Ben Carson. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve. I look forward to working with Attorney General Sessions and the Department of Justice as part of this task force to bring an end to this type of discrimination.”

“No one should ever have to choose between relinquishing their dignity and a place to live,” said U.S. Attorney Maria Chapa Lopez. “Sexual harassment, intimidation and quid pro quo practices by landlords, property managers, or their employees should never be used as the keys to residency. We will work with our partners to ensure that such illegal practices are investigated, enforced, and prosecuted to the fullest extent of the law.”

In October 2017, the Justice Department announced an initiative to combat sexual harassment in housing and launched pilot programs in Washington, D.C. and the Western District of Virginia. The initiative sought to increase the Department’s efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. During the pilots, the Department developed and tested ways to better connect both with victims of sexual harassment in housing and with those organizations that victims may turn to first for help – including law enforcement, legal services providers, public housing authorities, sexual assault services providers, and shelters.  The Department also tested certain aspects of the initiative in other jurisdictions, including New Jersey, the Central District of California, Massachusetts, Vermont, and Michigan.

The two pilot programs generated an upswing in harassment reporting to the Department from both D.C. and the Western District of Virginia. In D.C., the Department generated six leads since the October 2017 launch. In Virginia, the Department generated three leads. While the Justice Department recognizes that leads and investigations do not always lead to enforcement actions, the pilot program’s results—when extrapolated across all the U.S. Attorney’s Offices across the country—could lead to hundreds of new reports of sexual harassment in housing across the country.

Because of these promising results, the Department is rolling out three major components to the Initiative.

First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.

Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s Offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.

Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s offices. The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment. (See below to download MDFL PSAs).

More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to [email protected], or contact HUD at 1-800-669-9777.  If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.

Ocala, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Heather Lee Kussoff (31, Cape Coral) with making a false statement to a federal law enforcement agency. If convicted, she faces a maximum penalty of five years in federal prison.

According to the indictment and information presented in court, Kussoff worked as a correctional officer at the Coleman Federal Correctional Complex (FCC) in Sumter County. In 2014, she developed a personal relationship with an inmate at one of the penitentiaries. In direct violation of her job responsibilities and training, Kussoff corresponded with the inmate in a romantic capacity, shared extensive details of her personal life, and communicated directly with members of the inmate’s family. When confronted by federal authorities in March 2015, Kussoff lied under oath about the existence of the relationship and then abruptly resigned from the Bureau of Prisons.

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

This case was investigated by the Department of Justice – Office of the Inspector General, the Federal Bureau of Prisons, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Jacksonville, Florida – A federal jury today found Adrian George guilty of conspiring to commit wire fraud and aiding in the preparation and presentation of fraudulent tax returns to the IRS, as well as multiple counts of aiding in the preparation and presentation of fraudulent tax returns. He faces a maximum penalty of 15 years in federal prison. His sentencing hearing has not yet been set.

George was indicted on March 30, 2017.

According to testimony and evidence presented at trial, George owned and operated Professional Tax Service South, LLC, a tax return preparation firm in Jacksonville. He taught his employees various ways to include false information in tax returns to assure that his clients received large tax refunds. Acting at his direction, George’s employees offered to prepare fraudulent or “boosted” returns for clients in exchange for cash payments from the proceeds of the illegitimate tax refunds.

After being in business for less than two years, George and his employees had prepared and filed 748 tax returns for clients – all of which requested refunds. Typically only 62% percent of tax returns filed nationwide request refunds. The tax returns prepared and filed by George and his employees requested a total of approximately $3.2 million in refunds. 

This case was investigated by IRS – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell today sentenced Paul Fabrizio Solis (40, Bradenton) to 16 years in federal prison for producing and possessing child pornography. He was also ordered to serve 25 years on supervised release, following his incarceration. Solis pleaded guilty on November 6, 2017.

According to court documents, Solis took explicit photographs of a young child who was in his care. He kept the images on a thumb drive hidden in a locked safe in his home. He also had more than 4,000 videos and images of child pornography stored on his laptop computer.

This case was investigated by the Federal Bureau of Investigation -Tampa Division, with support from the Bradenton Police Department. It was prosecuted by Assistant United States Attorney Kristen A. Fiore.

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

 

Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Joe Harry Pegg (70, Ft. Lauderdale) to six years in federal prison for conspiracy to obstruct justice, obstruction of justice, and lying to federal law enforcement officers. The court ordered him to serve this sentence consecutive to his current 30-year term of incarceration that is set to expire in 2020. Pegg was found guilty on August 17, 2017, following a jury trial.

According to court documents and evidence presented at trial, during the 1980s and 1990s in south Florida, Pegg was a significant drug trafficker who made millions of dollars by importing and distributing marijuana. In 1982, he was convicted in the Eastern District of Louisiana for conspiring to import and distribute nearly 650,000 pounds of marijuana. By the early 1990s, Pegg was the head of a marijuana shipping organization that used go-fast boats to transport large quantities of marijuana from the Caribbean to the Dry Tortugas, off the coast of Florida. In 1994, Pegg was arrested by federal agents after one of his vessels was intercepted off the coast of Fort Myers with approximately 10,000 pounds of marijuana onboard. He was subsequently convicted for a marijuana importation conspiracy and was sentenced in 1996 to 30 years in federal prison.

In 2008, while incarcerated at the Coleman Federal Correctional Complex, Pegg and his cellmate, Isidro Moreno, devised a scheme to defraud the United States by attempting to secure Pegg’s early release from prison using “third-party cooperation.” In some instances, an individual can stand in for a cooperating defendant and provide assistance to law enforcement and ultimately reduce the defendant’s original sentence. Pegg and Moreno knew, however, that third-party cooperators couldn’t be paid by anyone, including Pegg or anyone acting on his behalf.

After Moreno was released from prison, he enlisted Fernando Morales to act as a third-party cooperator on Pegg’s behalf, whereby Morales agreed to work with law enforcement to set up drug deals that would be credited to Pegg to try and reduce his sentence. Morales agreed to be the third-party cooperator, but he also wanted compensation for his efforts. Pegg, Moreno, and other conspirators agreed to pay Morales $60,000, and to conceal the payments from federal authorities.

After an arrest was made as a result of Morales’s cooperation, authorities learned that Pegg, through his family members, had made large cash payments to Moreno and Morales. Once Pegg learned that the government was investigating his conduct, he directed Moreno and others conspirators to lie to investigators and to conceal the payments from government officials.

In addition to Pegg, two former federal agents were convicted for their involvement in this scheme. Former DEA agent Samuel Murad, the case agent who originally investigated Pegg’s marijuana trafficking case, pleaded guilty to tax evasion and witness tampering and received a year in prison for failing to report hundreds of thousands of dollars received from the Pegg family, and for obstructing the FBI’s investigation. Former DEA agent Robert Quinn was sentenced to three years’ probation for lying to federal agents. Isidro Moreno and Fernando Morales were also convicted of conspiracy to obstruct justice and lying to federal authorities, respectively.

These cases were investigated by the Federal Bureau of Investigation and were prosecuted by Assistant United States Attorneys Simon A. Gaugush, Josephine W. Thomas, and Anita M. Cream.  

Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Joseph Charles Desorbo, Jr. (58, Seminole County) to 17 years in federal prison for possessing child pornography. The court also ordered him to serve a life term of supervision, made a recommendation for a reevaluation prior to his release, and required him to register as a sex offender. In addition, he was ordered to forfeit the cellphone he had used to facilitate the offense.

Desorbo pleaded guilty on January 11, 2018. 

According to court documents, on September 8, 2017, deputies from the Seminole County Sheriff’s Office arrived at Desorbo’s residence in response to a shooting incident. Desorbo was interviewed as a witness to the shooting and voluntarily provided written consent to search his cellphone as part of the investigation. During a forensic analysis of the phone, agents found 118 videos and 18 images of child pornography on the phone’s SD card. The videos included sadistic depictions of infants and young children being sexually assaulted by adult men. The phone also contained Desorbo’s communications with others regarding the rape of children. Desorbo admitted that he had used a social media application to obtain the child pornography and had participated in sex group chats about “little boys.” He also described himself as a sex addict. 

The investigation further revealed that Desorbo was convicted in 1998 in St. Johns County, Florida for possessing child pornography and for using the internet to solicit a child for sex.   

This case was investigated by the Seminole County Sheriff’s Office and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

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

Orlando, Florida –U.S. District Judge Carlos E. Mendoza has sentenced John Pierre Mack, III (26, Kissimmee) and David Augusta Jones, III (27, Orlando) to four years and nine years in federal prison, respectively, for conspiracy to commit wire fraud and wire fraud. They pleaded guilty in January 2018.

According to court documents, from at least August 2015 through July 6, 2017, the conspirators demanded money from victims by claiming to be agents with the Department of Homeland Security (DHS) and/or the Cyber Crimes Center (C3). Typically, the victims had responded to an online dating post and engaged in a conversation and exchange of photos with a female that they believed was an adult. The victims were later contacted by the schemers posing as “agents,” who alleged that the female from the dating post was under the age of 18. The “agent” would claim that they had an arrest warrant for charges of soliciting a minor and would then direct the victim to make payments for “fines” and “penalties,” in lieu of being arrested. To further their scheme, the “agents” sent paperwork to victims displaying the DHS seal, a judge’s name, and legal terms related to child exploitation. The schemers utilized email addresses containing variants of “child exploitation” and “cybercrimes center” in their correspondence. The victims were directed to retail locations to wire money to pay these “fines” or “fees,” and the conspirators then took turns picking up the payments. The defendants also traded victims with each other to continue the scheme and to get more money. The victims, many of whom were members of the military or elderly, sent multiple extortion payments, ranging from $200 to $1,900 per transaction, fearing they would otherwise be arrested.

Mack was a supervisor/manager in this scheme and received at least 61 extortion payments from victims totaling $79,847. Jones received at least 30 payments from victims totaling $66,684. Law enforcement agents estimate that the scheme generated more than $340,000 in profits.

Four others previously pleaded guilty for their roles in this scheme. Last month, Ronnie Rolland Montgomery (28, Orlando) was sentenced to 7 years in federal prison and Ashley Ferrell (26, Orlando) was sentenced to 10 months’ imprisonment. Dillon McDowell (26, Orlando) will be sentenced on April 26, 2018, and Amaryllis Pagan (20, Kissimmee) will be sentenced on May 29, 2018.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations – Office of Professional Responsibility and Homeland Security Investigations (San Diego), with assistance from the Naval Criminal Investigative Service (San Diego) and the Osceola County Sheriff’s Office.  It was prosecuted by Special Assistant United States Attorneys Christina R. Downes and Brandon Bayliss, on assignment from the Office of the Principal Legal Advisor, ICE.

Ocala, Florida – Michael Philip Auld (30, Ocala) today pleaded guilty to an indictment charging him with distribution of child pornography. Because Auld already has a 2008 federal conviction for possession of child pornography, he faces a minimum sentence of 15 years, up to 40 years, in prison.

According to the plea agreement, on October 23, 2016, Auld distributed images of child pornography over the internet using a cellular telephone. Acting on a tip from an internet service provider, law enforcement executed a search warrant at Auld’s Marion County residence on January 11, 2018. In Auld’s bedroom, investigators recovered two cellular telephones and a tablet computer. Auld had been using these electronic devices to receive, possess, and distribute hundreds of images of child pornography since at least 2016. In saved internet conversations on these same devices, Auld graphically described his sexual abuse of minor children, including an infant. At the time of the offense, he was serving a lifetime of supervised release for his prior child pornography conviction.    

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

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

Orlando, Florida – Jonathan Brown (33, Winter Garden) today pleaded guilty to conspiracy to commit mail fraud. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Brown and three others conspired to defraud insurance companies by submitting false claims following a staged car accident in Orange County, in May 2013. Brown, two co-conspirators, and the children of one of the conspirators were occupants in a car that was rear-ended by a vehicle being driven by a third co-conspirator in a pre-planned collision. After the collision, the conspirators, who had known each other for years, agreed to tell first responders that they did not know each other. They also agreed to seek emergency care for fictitious injuries purportedly sustained during the collision, and sought treatment from other medical providers for months following the collision. Brown and his co-conspirators then submitted fraudulent claims for medical expenses for unnecessary treatment, lost wages that had never incurred, attorney fees arising from threatened litigation, and compensatory damages for pain and suffering to their insurers, causing the insurers to pay out thousands of dollars based on those false claims. 

This case was investigated by the Florida Department of Financial Services and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Eric K. Gerard.

The owner of an Orlando, Florida-area pharmacy, who was also a licensed pharmacist, was sentenced today for his role in a kickback scheme involving pain and scar creams that resulted in the payment of approximately $4.3 million in false and fraudulent claims to TRICARE.  TRICARE provides coverage for active duty military members and their families, as well as retired veterans.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Special Agent in Charge Eric Sporre of the FBI’s Tampa Field Office and Resident Agent in Charge Brooke M. Harris of the U.S. Department of Defense Office of Inspector General (DOD-OIG) Defense Criminal Investigative Service made the announcement.

Larry B. Howard, 53, of Oviedo, Florida, was sentenced by U.S. District Judge Paul G. Byron for the Middle District of Florida to serve 160 months in prison and ordered to forfeit over $4.3 million as proceeds of the crime.  Howard was also ordered to forfeit two properties, worth approximately $340,000, that he purchased with the proceeds of the crime, and two cashier’s checks worth $25,000 each.  The judge also ordered Howard to pay $4.3 million in restitution to the federal military health insurance program.

Howard; Nicole R. Bramwell, M.D., 52, of Apopka, Florida; and Raymond L. Stone, 57, of Orlando, were convicted after a five-day trial of one count of conspiracy to pay health care kickbacks and paying and receiving kickbacks.  Howard was also convicted of two counts of paying health care kickbacks, and Bramwell and Stone were convicted of one count each of receiving health care kickbacks.  In addition, Howard was convicted of two counts of money laundering.

According to evidence presented at trial, Howard was the owner of Fertility Pharmacy, located in Oviedo.  The evidence showed that Howard paid illegal health care kickbacks to Stone, who in return referred patients to doctors previously selected by Howard.  The doctors then prescribed expensive pain and scar creams to the patients, which Howard then billed to TRICARE.  The evidence also showed that Howard paid illegal health care kickbacks to Bramwell, who in return wrote prescriptions for the expensive creams.  The creams could cost up to $17,000 per bottle.  Between October 2014 and May 2015, TRICARE paid Fertility Pharmacy over $4.3 million procured through illegal kickbacks.  Bramwell’s sentencing is scheduled for May 9.  Stone is scheduled to be sentenced on April 27.

The case was investigated by the DOD-OIG and the FBI and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida.  Senior Litigation Counsel John Michelich and Trial Attorneys Timothy Loper and Alexander Kramer of the Criminal Division’s Fraud Section are prosecuting the case.  Former Senior Trial Attorney Christopher Hunter previously prosecuted the case. 

The Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov. 

Orlando, FL – The owner of an Orlando-area pharmacy, who was also a licensed pharmacist, was sentenced today for his role in a kickback scheme involving pain and scar creams that resulted in the payment of approximately $4.3 million in false and fraudulent claims to TRICARE. TRICARE provides coverage for active duty military members and their families, as well as retired veterans.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Maria Chapa Lopez, Special Agent in Charge Eric Sporre of the FBI’s Tampa Field Office and Resident Agent in Charge Brooke M. Harris of the U.S. Department of Defense Office of Inspector General (DOD-OIG) Defense Criminal Investigative Service made the announcement.

Larry B. Howard, 53, of Oviedo, was sentenced by U.S. District Judge Paul G. Byron to serve 160 months in prison and ordered to forfeit over $4.3 million as proceeds of the crime.  Howard was also ordered to forfeit two properties, worth approximately $340,000, that he purchased with the proceeds of the crime, and two cashier’s checks worth $25,000 each.  The judge also ordered Howard to pay $4.3 million in restitution to the federal military health insurance program.

Howard; Nicole R. Bramwell, M.D., 52, of Apopka; and Raymond L. Stone, 57, of Orlando, were convicted after a five-day trial of one count of conspiracy to pay health care kickbacks and paying and receiving kickbacks. Howard was also convicted of two counts of paying health care kickbacks, and Bramwell and Stone were convicted of one count each of receiving health care kickbacks. In addition, Howard was convicted of two counts of money laundering.

According to evidence presented at trial, Howard was the owner of Fertility Pharmacy, located in Oviedo. The evidence showed that Howard paid illegal health care kickbacks to Stone, who in return referred patients to doctors previously selected by Howard. The doctors then prescribed expensive pain and scar creams to the patients, which Howard then billed to TRICARE. The evidence also showed that Howard paid illegal health care kickbacks to Bramwell, who in return wrote prescriptions for the expensive creams. The creams could cost up to $17,000 per bottle. Between October 2014 and May 2015, TRICARE paid Fertility Pharmacy over $4.3 million procured through illegal kickbacks. Bramwell’s sentencing is scheduled for May 9. Stone is scheduled to be sentenced on April 27.

The case was investigated by the DOD-OIG and the FBI and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. Senior Litigation Counsel John Michelich and Trial Attorneys Timothy Loper and Alexander Kramer of the Criminal Division’s Fraud Section are prosecuting the case. Former Senior Trial Attorney Christopher Hunter previously prosecuted the case. 

The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov. 

Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced Thair Zatar (46, East Stroudsburg, Pennsylvania) to four years and three months in federal prison for possessing with the intent to distribute synthetic marijuana, also known as “K2” or “Spice.” He pleaded guilty on August 21, 2017.

According to court documents, in April 2017, Zatar was pulled over for a traffic stop in Baker County, Florida, while driving from Tampa to his home. During a consensual search of his vehicle, authorities discovered that he was transporting 201 kilograms of individual packets of synthetic marijuana, labeled as “potpourri” and “not for human consumption.” Zatar confessed that three weeks prior, he had made another trip from Tampa to Pennsylvania and had transported a smaller quantity of packets. A laboratory analysis revealed that the substance in the packets was a synthetic cannabinoid referred to as AB-FUBINACA, a Schedule I controlled substance.

This case was investigated by the Drug Enforcement Administration and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.

Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Sunshine Marie McEwen (43, Atlantic Beach) to three years and five months in federal prison for failing to register as a sex offender.

According to court documents, on August 20, 1998, McEwen was convicted of sexual battery on a 12-year-old child in Jacksonville. After her release from state prison in September 2013, she resided in Atlantic Beach. On May 15, 2015, McEwen sold drugs to an individual in Atlantic Beach and later fled to California without updating her sex offender registration. She also failed to register in California as required by the Sex Offender Registration and Notification Act. On November 28, 2015, McEwen was arrested in Palm Springs and extradited to Florida to face her drug charges. On July 6, 2016, she was convicted for selling cocaine within 1,000 feet of a church and sentenced to 78 months in state prison.    

The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders. 

This case was investigated by the U.S. Marshals Service, the Jacksonville Sheriff’s Office, the Atlantic Beach Police Department, the Florida Department of Law Enforcement, and the Palm Springs Police Department. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Tampa, FL – U.S. District Judge Steven D. Merryday today sentenced Ravon Jackiel Forbes-Hodge (25, Tampa) to three years and six months in federal prison for credit card fraud and aggravated identity theft. The court also ordered him to pay $31,422 in restitution to victims of the fraud. Forbes-Hodge pleaded guilty on January 11, 2018.

According to court documents, Forbes-Hodge and others obtained stolen credit card account numbers and bank account information from various financial institutions. The conspirators purchased or stole reloadable gift cards and embossed them with their own names and the stolen account numbers. They then used the counterfeit cards at retailers throughout the Tampa Bay area to purchase merchandise that they later returned to different locations to receive store credit in the form of gift cards. The conspirators then sold the fraudulently obtained gift cards for cash.  

Between February and June 2017, Forbes-Hodge used counterfeit credit cards and stolen account information to purchase thousands of dollars in merchandise from Home Depot stores. He then returned the merchandise to different Home Depot locations and obtained store credit in the form of Home Depot gift cards. Forbes-Hodge sold thousands of dollars in fraudulently obtained Home Depot gift cards in exchange for cash. He was responsible for at least 55 fraudulent purchases, using approximately 30 different counterfeit credit cards and stolen account information during this period. 

This case was investigated by the United States Secret Service, the Hillsborough County Sheriff’s Office, and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Josephine W. Thomas.

Tampa, Florida – An indictment has been unsealed charging Frank V. Monte (38, Valrico) and Kimberley S. Anderson (50, New Port Richey) with one count of conspiracy, five counts of paying healthcare kickbacks, one count of conspiracy to commit money laundering, and three counts of illegal monetary transactions. Monte is also charged with two counts of making false statements. If convicted, each faces a maximum penalty of 5 years in federal prison for the conspiracy count, up to 5 years’ imprisonment for each count of paying a kickback, and up to 10 years in federal prison for each money laundering and monetary transaction charge. Monte faces up to 5 years’ imprisonment on each false statement charge. The indictment also notifies Monte and Anderson that the United States intends to forfeit cash, vehicles, and real estate, all of which are alleged to be traceable to proceeds of the offenses.

According to the indictment, in May 2014, Monte and Anderson, acting on behalf of their marketing company Centurion Compounding, Inc., entered into a marketing agreement with the owners of a Pinellas County-based pharmacy called Lifecare. Centurion employed sales representatives to market compounded medications, specifically creams for pain and scars, among others, to beneficiaries of healthcare plans, especially TRICARE. These creams typically ranged in price from $900 to $21,000 for a one-month supply. Between May and November 2014, Monte and Anderson directed the patients that Centurion sales representatives had recruited and the physicians in their network to send all of their compounded cream prescriptions to Centurion, which then transmitted them to Lifecare to fill. 

During this same period, the owners of Lifecare, Carlos Mazariegos and Benjamin Nundy, entered into an agreement with the principals of Centurion to pay illegal kickbacks to Dr. Anthony Baldizzi, a Centurion in-network physician. Lifecare and Centurion agreed to pay Dr. Baldizzi 10 percent of each paid claim resulting from a prescription for compounded cream written for his patients and filled at Lifecare. These prescriptions were often billed to TRICARE.  

Lifecare received approximately $5.3 million from TRICARE for claims made for prescriptions for compounded medications prescribed by Dr. Baldizzi as a result of this illegal kickback scheme. In December 2014, Mazariegos wrote a check for $71,900, funded with the proceeds from the scheme, to pay for a luxury car for Dr. Baldizzi in partial satisfaction of kickbacks owed to him by Lifecare and Centurion.

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.

Dr. Baldizzi previously pleaded guilty to conspiracy to commit healthcare fraud and receiving healthcare kickbacks. Mazariegos and Nundy previoulsy pleaded guilty to conspiracy to commit health care fraud. They are currently awaiting sentencing.

This case was investigated by the Federal Bureau of Investigation, U.S. Health and Human Services - Office of Inspector General, the Defense Criminal Investigative Service, the U.S. Air Force Office of Special Investigations, and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Mandy Riedel.