Middle District of Florida

A federal court permanently enjoined a Deltona, Florida, company from selling and distributing unapproved and misbranded new drugs, the Justice Department announced today.

In a complaint filed March 14 at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that MyNicNaxs LLC, Chevonne Torres, and Michael Banner sold sexual-enhancement and weight-loss products in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). The complaint alleged that the defendants marketed products as drugs that could help treat or prevent a host of serious conditions or diseases. According to the complaint, the defendants made such claims without FDA approval and without proof of safety and efficacy.

The complaint further alleged that FDA tests showed some of the defendants’ products contained undisclosed pharmaceutical ingredients such as sildenafil, the active pharmaceutical ingredient in Viagra; sibutramine, the active pharmaceutical ingredient in a drug that was withdrawn from the market after clinical data indicated that it posed an increased risk of heart attack and stroke; and phenolphthalein, an ingredient that FDA deemed “not generally recognized as safe and effective” after studies indicated that it was a potential carcinogenic risk. The defendants agreed to be bound by a consent decree of permanent injunction filed in U.S. District Court for the Middle District of Florida.

“When a company fails to disclose pharmaceutical ingredients in its products, consumer safety can be put at risk,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the FDA to make sure dietary supplement distributors provide accurate information about what is in their products.”

According to the complaint, no credible scientific evidence supported claims the defendants made that their products cured, mitigated, treated, or prevented a number of serious diseases.  In addition, the complaint alleged that the defendants’ products failed to include adequate directions for use, such as dosages, warnings, and side effects. The consent decree, as entered by the court, requires the defendants to implement specific remedial measures to comply with the law and obtain written approval from the FDA before distributing such drugs in the future.

“The presence of misbranded drugs represents a threat to the people of our district and the United States,” said U.S. Attorney Maria Chapa Lopez.  “This lawsuit and today’s decree demonstrates our office’s ongoing efforts to safeguard the public from the effects of this type of unlawful conduct.”

This matter was handled by Trial Attorney Joshua D. Rothman of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Jeremy R. Bloor of the U.S. Attorney’s Office for the Middle District of Florida and Associate Chief Counsel for Enforcement Anna K. Thompson of the U.S. Department of Health and Human Services’ Office of General Counsel.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Middle District of Florida, visit its website at https://www.justice.gov/usao-mdfl.

Orlando, FL – A federal court permanently enjoined a Deltona company from selling and distributing unapproved and misbranded new drugs.

In a complaint filed March 14 at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that MyNicNaxs LLC, Chevonne Torres, and Michael Banner sold sexual-enhancement and weight-loss products in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). The complaint alleged that the defendants marketed products as drugs that could help treat or prevent a host of serious conditions or diseases. According to the complaint, the defendants made such claims without FDA approval and without proof of safety and efficacy.

The complaint further alleged that FDA tests showed some of the defendants’ products contained undisclosed pharmaceutical ingredients such as sildenafil, the active pharmaceutical ingredient in Viagra; sibutramine, the active pharmaceutical ingredient in a drug that was withdrawn from the market after clinical data indicated that it posed an increased risk of heart attack and stroke; and phenolphthalein, an ingredient that FDA deemed “not generally recognized as safe and effective” after studies indicated that it was a potential carcinogenic risk. The defendants agreed to be bound by a consent decree of permanent injunction filed in U.S. District Court for the Middle District of Florida.

“When a company fails to disclose pharmaceutical ingredients in its products, consumer safety can be put at risk,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the FDA to make sure dietary supplement distributors provide accurate information about what is in their products.”

According to the complaint, no credible scientific evidence supported claims the defendants made that their products cured, mitigated, treated, or prevented a number of serious diseases.  In addition, the complaint alleged that the defendants’ products failed to include adequate directions for use, such as dosages, warnings, and side effects. The consent decree, as entered by the court, requires the defendants to implement specific remedial measures to comply with the law and obtain written approval from the FDA before distributing such drugs in the future.

“The presence of misbranded drugs represents a threat to the people of our district and the United States,” said U.S. Attorney Maria Chapa Lopez.  “This lawsuit and today’s decree demonstrates our office’s ongoing efforts to safeguard the public from the effects of this type of unlawful conduct.”

This matter was handled by Trial Attorney Joshua D. Rothman of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Jeremy R. Bloor of the U.S. Attorney’s Office for the Middle District of Florida and Associate Chief Counsel for Enforcement Anna K. Thompson of the U.S. Department of Health and Human Services’ Office of General Counsel.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced James J. Jean-Rene (54, Riverview) to seven years and four months in federal prison for conspiracy, theft of government property, and identity theft. As part of his sentence, the court also entered a money judgment in the amount of $850,174.92, the proceeds of the charged criminal conduct. A federal jury found guilty him on October 3, 2017.

According to documents and testimony presented at trial, Jean-Rene deposited more than 100 United States Treasury checks for tax refunds or veterans’ pension benefits into bank accounts for his bail bonds company – A United Bail Bonds. He falsely claimed that the checks were payments for bail bonds. The victims in this case included veterans and elderly and disabled individuals. During the course of the conspiracy, Jean-Rene stole over $850,000.

This case was investigated by the Internal Revenue Service – Criminal Investigation and the Department of Veterans Affairs, Office of Inspector General. It was prosecuted by Assistant United States Attorneys Kristen A. Fiore and Cherie L. Krigsman.

Jacksonville, FL – Shawn Thorpe (30) and Ruben McLain (46), both of Winston Salem, North Carolina, have been sentenced to prison for their participation in a conspiracy to commit healthcare fraud. Thorpe was sentenced to 2 years’ imprisonment and McLain was sentenced to 4 years and 9 months in federal prison. Thorpe and McLain were also ordered to pay $211,311.20 and $1,159,050.51, respectively, in restitution to their victims.   

According to court documents, Thorpe and McLain worked together to create and manage Coastal Bay, a company that provided medical care to Medicaid patients. McLain had been excluded from billing federal healthcare programs based on his 2011 conviction for healthcare fraud. Thorpe never disclosed to the Medicaid program that he was working with an individual who had been excluded from participating in the program. In an effort to conceal his involvement, McLain used an alias – “Julian Winchester;” he performed a variety of functions, including hiring and firing individuals, seeing patients, and performing other managerial tasks using the alias. McLain routinely traveled to Jacksonville from his home in North Carolina to assist in Coastal Bay’s operations. 

McLain and his family received significant financial benefits because of his involvement in Coastal Bay. He had access to a Coastal Bay credit card that he used to make routine purchases at restaurants, furniture stores, gas stations, and other places in North Carolina, even though Coastal Bay had no operations in North Carolina. In addition, he and his immediate family received more than $10,000 in direct payments from the Coastal Bay business account.

This matter was investigated by the U.S. Department of Health and Human Services - Office of Inspector General and the State of Florida Medicaid Fraud Control Unit. It was prosecuted by Assistant United States Attorney Jay Taylor.

Jacksonville, Florida – Donald Edward Smith (65, Ocala) has pleaded guilty to conspiracy to commit wire fraud and to executing a false income tax return. He faces a maximum penalty of eight years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, between September 2011 and September 2015, Smith and others conspired to engage in a scheme to defraud individuals who were interested in investing in green technology and other projects. Operating under his company, Legacy Investments of Brandon, Inc., Smith solicited funds from investors and promised lucrative returns, as well as access to hundreds of millions of dollars in financing. He was assisted by others that purported to offer services to the investors to obtain funding and/or loans for their projects. These funding opportunities and/or loans never materialized.

Smith knowingly failed to report as income the fraudulent proceeds he received from the victim-investors during 2012. For that tax year, he reported a negative income of $15,122 on his Form 1040, when he should have reported $560,924 as income. His failure to do so resulted in a tax loss of $163,726 to the United States. In his plea agreement, Smith agreed to pay approximately $1.45 million in restitution to the victims of the scheme. He also agreed to pay $1,937,127.95 in restitution to victims of a separate scheme involving investments in a purported Styrofoam recycling business, and to pay restitution to the Internal Revenue Service for the tax loss resulting from the false 2012 Form 1040. Additionally, he agreed to forfeit two parcels of real property, sales proceeds from the sale of a third parcel of real property, a number of vehicles, a backhoe, and $1.45 million.

This case was investigated by the Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, and the State of Florida’s Office of Financial Regulation –Bureau of Financial Investigations. It is being prosecuted by Assistant United States Attorneys Frank Talbot and Bonnie Glober.

Orlando, Florida – The United States filed a civil lawsuit today against Central Medical Systems, LLC (CMS) and Alan Trent Harley alleging that they had falsely billed Medicare for wound care supplies during a six-year period. The complaint alleges that CMS and its owner, Harley, violated the federal False Claims Act by seeking and receiving inflated Medicare payments for more expensive products than had been provided to patients or for products that were never sent. 

According to the government’s allegations, multiple former employees reported that Harley routinely changed quantities of items while billing and manipulated orders in CMS’s billing software. The government’s suit also alleges that CMS billed Medicare for thousands more products than it had purchased. 

The lawsuit was filed under the qui tam provisions of the False Claims Act, which permits private parties to sue on behalf of the United States for false claims for government funds and to receive a share of any recovery. Jael Cancel, the office manager of CMS, filed the whistleblower lawsuit in 2014. The Act also allows the government to intervene or take over the lawsuit, as it has done in this case, and to recover treble damages plus civil penalties ranging from $5,500 to $11,000 for each false claim the defendants submitted.

The claims asserted against CMS and Harley are allegations only, and there has been no determination of liability.

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

Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Brandon Jerome Randolph (29, Bradenton) to 15 years in federal prison for conspiracy to distribute cocaine, cocaine base, heroin, methamphetamine, carfentanil, and fentanyl. He pleaded guilty on December 11, 2017.

According to court documents, Randolph and his associates sold drugs out of a house in Bradenton that operated as an open-air drug market. These drugs included cocaine, cocaine base, heroin, methamphetamine, carfentanil, and fentanyl.  Randolph and his associates sold these drugs to undercover detectives on numerous occasions.

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

Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Anthony Johnson (53, Jacksonville) to 41 years in federal prison for aggravated identity theft, bank fraud, false representation of a Social Security number, mail fraud, and for violating his federal supervised release. As part of his sentence, the court also ordered him to pay restitution to multiple victims he had defrauded. Johnson was arrested on July 11, 2016, for violating his federal supervised release and he was subsequently indicted on fraud charges on August 10, 2016. He has remained in federal custody since his arrest. On October 19, 2017, a federal jury found Johnson guilty of nine counts of aggravated identity theft, nine counts of bank fraud, seven counts of false representation of a Social Security number, and three counts of mail fraud.

According to evidence presented at trial, beginning in 2014, Johnson falsely claimed to be a former member of the U.S. Army and used the Social Security numbers of two victims, including a lawyer from Seattle, to open a bank account and to obtain a loan and multiple credit cards from USAA in the names of his victims. After obtaining multiple credit card convenience checks, Johnson withdrew thousands of dollars from the USAA bank account for his own use. After obtaining a genuine Florida driver license using the identity of a doctor from Texas, Johnson obtained two fraudulent loans totaling over $148,000 from Bankers Healthcare Group, LLC (BHG). Johnson had the money from BHG wired to a TD Bank business account in the name of a false medical data company he incorporated in Florida. Using the same identity, Johnson then obtained additional loans from Springleaf Financial Services and had the proceeds wired to the bank account he had set up for the false medical data company. Johnson then set up a personal bank account at TD Bank in the victim’s name and began funneling money from the business account to the personal account. Thereafter, Johnson began making large cash withdrawals to fund his purchase of luxury items including a $70,000 luxury car. During this time, Johnson used the identity of a fourth victim to obtain an apartment and then obtained another genuine Florida driver license using the identity of a fifth victim. 

During the summer of 2016, using proceeds from his criminal activity, Johnson left the United States in violation of his federal supervised release imposed after a previous federal conviction for fraud and identity theft-related charges. While on this trip, he stayed at the Waldorf Astoria, purchased high-end personal items, and spent more than $4,000 while visiting a club/restaurant. On July 11, 2016, U.S. Immigration and Customs Enforcement, in coordination with the U.S. Marshals Service, arrested Johnson at the Orlando International Airport for violating the terms of his supervised release.

“The U.S. Secret Service is committed to investigating these types of fraud investigations with our federal, state, and local law enforcement partners due to the impact on the U.S. financial system and our local community,” said Neil Melofchik, Special Agent in Charge of the USSS Jacksonville Field Office.

This case was investigated by the Florida Highway Patrol – Bureau of Criminal Investigations and Intelligence, the Jacksonville Sheriff’s Office, the U.S. Marshals Service, U.S. Immigration and Customs Enforcement, and the United States Secret Service - Jacksonville Field Office. Assistant United States Attorney Kevin C. Frein and Beatriz Gonzalez prosecuted it.

Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced Kirby Gant (56, Bradenton) to 21 years and 8 months in federal prison for possessing with the intent to distribute crack cocaine and hydrocodone, and for possessing a firearm as a convicted felon and in furtherance of a drug trafficking crime.

Gant was found guilty after a bench trial on November 30, 2017.

According to court documents, at 3:40 a.m. on December 5, 2016, officers from the Bradenton Police Department were on foot patrol in the area of Bradenton Village Apartments when they saw a green SUV with a single occupant, later identified as Gant. As two officers approached the vehicle from opposite sides, one of the officers observed a gun. Gant then attempted to force his way past the officers and was arrested after a brief tussle. The officers recovered 9.6 grams of marijuana, 7.2 grams of hydrocodone, and $1,192 in cash from Gant’s person. A loaded 9mm handgun with an obliterated serial number and 7.5 grams of crack cocaine were found inside the SUV. At the time of his arrest, Gant had several prior felony convictions and is therefore prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Shauna S. Hale.

Tampa, FL – Chief U.S. District Judge Steven D. Merryday today sentenced Rico Simmons (42, Tampa) to seven years in federal prison for conspiracy to commit theft of government property, access device fraud, and aggravated identity theft. As part of his sentence, the court also ordered him to pay $156,100.12 in restitution to the Internal Revenue Service, and entered a separate money judgment against him in the same amount.

Simmons pleaded guilty on December 20, 2017.

According to court documents, beginning in August 2012, Simmons and his co-defendants, Natalie Panko (a/k/a Rene Brown) and Mazie Hill, conspired among themselves, and with others, to extract tax fraud proceeds from debit cards using  Panko and Hill’s restaurant businesses – Ladies of the Sea and Mazie’s Soulfood. The conspirators used stolen identities to file false tax returns and activated debit cards and bank accounts that then received the fraudulently claimed tax refunds. Panko and Hill made the debit card charges appear as restaurant-related transactions. Simmons, Panko, and Hill then shared in the proceeds of the fraud.

Panko pleaded guilty earlier this year and is scheduled to be sentenced on April 11, 2018. Hill also pleaded guilty and was sentenced to two years in federal prison.

This case was investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Megan Kistler and Simon Gaugush.

Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Kyle Adam Kirby (37, Live Oak) to 120 years in federal prison for producing, attempting to produce, possessing, and accessing images and videos depicting the sexual abuse of minors. Kirby was arrested on October 28, 2015, at the Live Oak Police Department and has remained in the custody of the U.S. Marshals Service since that date. A federal jury found him guilty on December 7, 2017.

According to testimony and evidence at trial, on October 22, 2015, FBI agents and other law enforcement officers executed a search warrant at Kirby’s residence as a result of an online child exploitation investigation. At that time, Kirby was a sergeant with the Live Oak Police Department (LOPD). That same morning, the LOPD chief authorized the agents to inspect and search the computer located inside Kirby’s patrol car. A forensic examination of this computer revealed that it contained images depicting young children engaged in sexually explicit conduct. Kirby had used the patrol car computer to search for, download, access, and possess child pornography from as early as December 24, 2014.

A subsequent search of an LOPD desktop computer used by Kirby revealed images depicting nude and partially undressed children in at least three different bathrooms. Kirby had used one or more concealed cameras to surreptitiously film the unsuspecting minors. He then transferred these images to the LOPD desktop computer, and later unsuccessfully attempted to delete them. Agents were able to locate folders on the computer named for several of his victims.          

Chief Alton “Buddy” Williams from the Live Oak Police Department stated, “I have been in law enforcement for 30 years, and this has been the most difficult situation I have faced. A trusted friend, officer and protector of the public betrayed all facets of the job he swore to do. I realize that mistakes happen, but this was no mistake it was a choice, a choice that has impacted not only his agency, but his trusted friends, family, and community to include all brothers and sisters of the badge. I am appreciative of the FBI, the U.S Attorney’s Office and all others involved. Justice did prevail.”

“This case is another example of the relentless efforts of the FBI and our law enforcement partners to identify those who prey on our children,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “It is made even more egregious having been committed by someone who swore to uphold the law and protect the community. Let it be known that the FBI will stop at nothing to protect innocent victims, and seek justice for the heinous acts committed against them.”

This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, and the Florida Department of Law Enforcement, with the full cooperation of the Live Oak 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 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 – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging Marian Walas (65, Lakeland) with storage of hazardous waste without a permit, in violation of the Resource Conservation Recovery Act (RCRA). If convicted, he faces a maximum penalty of five years in federal prison and a fine of up to $50,000 per day of the violation. Walas was arrested in Atlanta on February 14, 2018.

According to the indictment, Walas was the president and manager of Rincat LLC (now defunct), a business that recycled automotive catalytic converters to recover the precious metal catalysts, mostly consisting of platinum, palladium, and rhodium. This recycling process generated hazardous waste, including chloride, sulfuric acid, and various heavy metals. Between August and December 2010, Walas allegedly stored this hazardous, corrosive, and toxic waste at a warehouse in Lakeland for a period more than 90 days without a permit issued by the United States Environmental Protection Agency or the state of Florida, as required by the RCRA.

Specifically, between March and June 2010, Walas/Rincat hired a waste disposal company to remove eight loads (37,150 gallons) of hazardous waste from Rincat’s warehouse. On June 15, 2010, there were at least 21 containers of hazardous waste present. Walas/Rincat were evicted from the warehouse by the property owner on August 24, 2010. The following month, the Florida Department of Environmental Protection (FDEP) discovered approximately 38,550 gallons of hazardous waste left behind at the warehouse. Thereafter, the property owner worked with FDEP to properly dispose of the hazardous waste at a total cost of approximately $83,000.

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

This case was investigated by the Environmental Protection Agency and the Florida Department of Environmental Protection. It will be prosecuted by Assistant United States Attorneys Daniel George and Kelley Howard-Allen.

Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Michael Moore (37, Sarasota) to 15 years and 8 months in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered him to forfeit the firearm and ammunition used in the offense.

A federal jury found Moore guilty on December 7, 2017.

According to evidence presented at trial, on May 28, 2017, Moore had an altercation with girlfriend during which he removed her loaded firearm from her car and hid it in a friend’s apartment. The girlfriend then notified police that Moore had stolen her firearm. Days later, after Moore and his girlfriend had reconciled, he retrieved her loaded firearm from the apartment and returned it to her. At the time, Moore had at least 10 prior felony convictions and is therefore prohibited from possessing a firearm or ammunition under federal law. 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Michael Baggé-Hernández.

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 Virginia Hernandez Covington today sentenced Chris J. McDonald, Sr. (53, Riverview) to one year and one day in federal prison for his role in a conspiracy to commit theft of government property. As part of his sentence, the Court also ordered him to pay $117,952.35 in restitution to the Internal Revenue Service, and entered a separate money judgment against McDonald in the amount of $64,924.

McDonald was found guilty on December 14, 2017, following a four-day jury trial.

This case is related to the earlier federal prosecution of Jeanette Hevel, a former Tampa Police Department (TPD) corporal who stole 13 United States Treasury tax refund checks, money orders, and a refund anticipation loan from various locations inside TPD, including its secure evidence property room. Her unlawful conduct occurred over an approximately 9-month period, beginning in or around September 2011. In April 2015, Hevel pleaded guilty for her conduct pursuant to a plea agreement in which she agreed to cooperate in the government’s ongoing investigation of those responsible for cashing the stolen tax refund checks.

On December 9, 2015, a federal grand jury returned an indictment against McDonald and Joseph Lugo for their roles in the criminal conduct. According to court records, Hevel provided 9 of the 13 stolen tax refund checks to Lugo, who then delivered them to Robert Sanders and McDonald. McDonald deposited the checks into one of his bank accounts and then typically returned to the bank the next business day and withdrew the funds and shared them with the conspirators. None of the conspirators knew any of the payees listed on the tax refund checks, nor did they have permission from any of the payees to possess or deposit the checks.

Lugo pleaded guilty in June 2017. Sanders pleaded guilty in 2014 and testified for the government at trial.

This case was investigated by the Internal Revenue Service – Criminal Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Jay G. Trezevant and Frank Murray.

Fort Myers, Florida – Alejo Guerrero (36, Lehigh Acres) today pleaded guilty to 12 felony charges related to the armed trafficking of cocaine and his possession and sale of firearms. Guerrero, who has previously been convicted of robbery and burglary charges, faces a maximum penalty of life in federal prison.

According to court documents, federal and state authorities conducted multiple operations in 2016 and 2017, during which Guerrero sold cocaine and firearms, including an AK-47, to an informant. On October 13, 2017, agents executed a search warrant at Guerrero’s residence. Inside the home, they found Guerrero, along with his girlfriend and an infant child, a stash of cocaine, thousands of dollars in cash, a bulletproof vest, a .357 revolver, and an empty safe. The key for the safe was located next to the toilet.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.

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.

Fort Myers, Florida – U.S. District Judge Sherri Polster Chappell has sentenced Jose Nunez (66) and Sila Nunez (62), both of Fort Myers, to 11 years and 7 years in federal prison, respectively, for conspiracy to distribute more than 17 kilograms of cocaine. The couple pleaded guilty in November 2017.

According to court documents, an undercover DEA agent purchased an ounce of cocaine from Jose Nunez on two occasions in late 2016 and early 2017. After the second transaction, his wife, Sila Nunez, told the agent that they could do bigger deals in the future, up to a “kilo” in weight. Further investigation revealed that Jose and Sila Nunez were large-scale drug traffickers with direct ties to a Mexican drug cartel. Between October 2016 and July 2017, the couple received four multi-kilogram shipments of cocaine from the cartel, via drug couriers, and returned hundreds of thousands of dollars in cash to the cartel. On July 26, 2017, agents searched the couple’s Fort Myers home and seized a stash of cocaine and more than $10,000 in drug proceeds.  

This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Michael V. Leeman.

Fort Myers, Florida – Juan Carlos Gonzalez (37, San Diego, California) today pleaded guilty to conspiracy to distribute more than 11 pounds of methamphetamine. He faces a minimum mandatory sentence of 10 years, up to life, in federal prison. A sentencing date has not yet been set.

According to court documents, a DEA undercover agent (UC) made contact with Gonzalez after learning that he was associated with a drug trafficking organization operating out of Tijuana, Mexico. Gonzalez agreed to send a sample of his product, without payment, from California to the UC in Florida. The sample, which arrived in Fort Myers on April 17, 2017, was nearly two pounds of 99% pure methamphetamine. When Gonzalez and the UC discussed how much more product could be delivered in the future, Gonzalez said his supply was “unlimited.” In the following months, Gonzalez sent over nine more pounds of methamphetamine to the UC. DEA laboratory testing confirmed these later shipments were 100% pure methamphetamine.

On August 16, 2017, Gonzalez was arrested by federal agents at the San Ysidro port of entry coming from Mexico into California.

This case was investigated by the Drug Enforcement Administration and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.

Orlando, FL – A federal grand jury has returned an indictment charging Naif Wedad Nazer (39, Laguna Niguel, California) with conspiracy to commit mail and wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison. The indictment also notifies him that the United States is seeking a money judgment in the amount of $811,162.06, the proceeds of the charged criminal offense.     

According to the indictment, between 2011 and 2015, Nazer founded and operated 10 different businesses, each of which engaged in cold-calling timeshare owners across the United States and fraudulently inducing them to pay advance fees for services that the businesses never intended to render. Nazer, and others that he had recruited for this scheme, made a series of false claims to victims, including that Nazer’s businesses would help the owner market his or her timeshare; that they had identified buyers to purchase the timeshare; that they would facilitate the sale of the timeshare; and that they would refund the advance fee within a prescribed time period if the timeshare sale did not go through.

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

This case was investigated by the U.S. Postal Inspection Service and the Florida Department of Agriculture and Consumer Services - Office of Agricultural Law Enforcement. It will be prosecuted by Assistant United States Attorney Emily C. L. Chang.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Travis Demond Johnson (38, Bunnell) to eight years and nine months in federal prison for possessing a firearm as a convicted felon and for selling cocaine on two occasions. He pleaded guilty on November 9, 2017.

According to court documents, on June 9, 2017, Johnson sold crack cocaine and a firearm to a confidential informant (CI). A few weeks later, he again sold crack cocaine to the CI. During a traffic stop on August 2, 2017, Johnson was arrested by the Flagler County Sheriff’s Office for possessing crack cocaine. The following week, while on bond for his state charges related to the traffic stop, Johnson again sold crack cocaine to the CI. On August 18, 2017, Johnson sold crack cocaine and a second firearm to the CI; he also brandished a third firearm. On August 24, 2017, a search warrant executed at Johnson’s home revealed additional crack cocaine and a fourth firearm. Johnson was prohibited from possessing firearms – two of which had been reported stolen – due to his previous felony convictions for attempted second degree murder, shooting into an occupied vehicle, battery on a law enforcement officer, and possession of cocaine.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Flagler County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Shavon Montgomery (38, Bradenton) to 5 years and 10 months in federal prison for distributing crack cocaine and a substance containing fentanyl and heroin. She pleaded guilty on December 20, 2017.

According to court documents, on two occasions in March 2017, Montgomery sold crack cocaine to an undercover deputy from the Manatee County Sheriff’s Office. On April 26, 2017, and May 4, 2017, she sold substances containing fentanyl and heroin to an undercover officer from the Bradenton Police Department. During the second transaction, Montgomery agreed to sell more fentanyl to the officer later that day, and shortly thereafter arranged a time and location to conduct the sale. When Montgomery reversed course on her way to the agreed upon location for the second sale, an officer stopped the vehicle and searched Montgomery and her two passengers. One of the passengers possessed the fentanyl that Montgomery had arranged to sell to the undercover officer. In total, law enforcement recovered approximately 33 grams of fentanyl and heroin during this investigation.

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

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Timothy Munro Roberts (57, Missouri) to six years and eight months in federal prison for wire fraud. He was also ordered to pay $5,874,912.52 in restitution to the victims of the fraud. Roberts pleaded guilty on January 9, 2017.

According to court documents, in 2010, Roberts and his codefendant, Terrance Taylor, founded Savtira Corporation, Inc., a technology company headquartered in Ybor City. Savtira purported to offer a centralized, cloud-based shopping cart platform for online and traditional retailers. While marketing Savtira stock to investors, Roberts and Taylor made false claims and promises. In particular, they claimed that the company was profitable and owned patents, that they had entered into executed agreements with nationally recognized technology firms, and that Savtira was valued between $450 million and $540 million. Roberts and Taylor then misused and misappropriated investor funds for personal expenses and made cash withdrawals without the investors’ consent. They also failed to disclose key facts to investors, including that Roberts had entered into a prior settlement agreement with the Securities and Exchange Commission that required him to pay a fine and banned him from selling unregistered securities.

Taylor, Savtira’s CFO, pleaded guilty and was sentenced on December 17, 2017, to five years in federal prison.

This case was investigated by the Florida Office of Financial Regulation - Bureau of Financial Investigations and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Mandy Riedel.

Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Jeanine Jeanty (45, Orlando) to 19 years and 8 months in federal prison for conspiracy to steal tax refunds, theft of tax refunds, and aggravated identity theft. As part of her sentence, the court also entered a money judgment in the amount of $1,774,376, representing the proceeds of the charged criminal conduct.

A jury found Jeanty guilty on December 15, 2017.

According to court documents, Jeanty was the organizer and leader of a sophisticated criminal enterprise that stole federal tax refunds by filing false tax returns using stolen identity information. The organization also purchased fraudulently obtained U.S. Treasury tax refund checks from others for a fraction of their face value. In less than two years, Jeanty and her co-conspirators stole more than $2.7 million in tax refunds from the Department of the Treasury. 

This case was investigated by the Internal Revenue Service – Criminal Investigation and the U.S. Postal Inspection Service. It was prosecuted by Assistant United States Attorney Karen L. Gable.

Orlando, Florida – Marvin Mushia Smith (39, Orlando) has been arrest and charged by criminal complaint with visa fraud and encouraging or inducing an alien to come to, enter, or reside in the United States. If convicted, he faces a maximum penalty of 10 years in federal prison on each count.

According to court documents, in April 2017, members of Orlando’s Homeland Security Investigation’s (HSI) Document and Benefit Fraud Task Force (DBFTF) identified numerous requests for foreign, temporary, non-agricultural workers’ “H-2B” visas linked to Smith, a naturalized U.S. citizen originally from Jamaica. Further investigation revealed that from at least December 2014 through March 15, 2018, Smith filed fraudulent labor certification packages and 11 fraudulent immigration petitions with the Department of Labor (DOL) and/or U.S. Citizenship and Immigration Services (USCIS), which resulted in the admission of over 300 non-immigrants from Jamaica. 

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary, non-agricultural jobs.  To qualify for H-2B nonimmigrant classification, a petitioner must establish that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. A statutory “cap” limits the number of H-2B visas granted during a fiscal year. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 - March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 - September 30).

In his fraudulent submissions to DOL and USCIS, Smith claimed to have labor contracts with various hotels, construction companies, and landscaping businesses for temporary work in the United States. In reality, many of his H-2B petition packages used fake temporary employment contracts to support the need for his foreign workers. USCIS approved the petitions, in large part, because of the fraudulent contracts supplied by Smith. Further, law enforcement officers interviewed several of the workers who had been admitted as part of Smith’s fraudulent packages, who stated that they worked at different job sites and performed duties other than the ones indicated on the petitions. 

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

This case was the culmination of the combined investigative efforts of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Department of State – Diplomatic Security Service, the DOL–Office of the Inspector General, U.S. Customs and Border Protection, and USCIS - Fraud Detection and National Security. These agencies comprise HSI’s Document and Benefit Fraud Task Force, which was created to combat visa fraud and other similar crimes. This case is being prosecuted by Special Assistant U.S. Attorneys Brandon M. Bayliss and Christina R. Downes, who are on assignment from the Office of the Principal Legal Advisor, ICE.

Ocala, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Elma Denise Sizelove (40, Silver Springs) to 57 months in federal prison for bank fraud and aggravated identity theft. She pleaded guilty to the offenses on December 18, 2017.

According to court documents, Sizelove was arrested by law enforcement after attempting to pass a fraudulently altered check at a local bank. A subsequent search of her vehicle uncovered 150 letters and 47 additional checks that had been stolen from local residents. The stolen checks had a total face value of $68,208.41. Further investigation revealed that Sizelove had fraudulently altered and deposited other checks that she had stolen from residential and commercial mailboxes into her bank account using mobile and ATM deposits.

This case was investigated by the U.S. Postal Service. It was prosecuted by Assistant United States Attorney William S. Hamilton.

Jacksonville, Florida – A federal grand jury has returned a superseding indictment charging Oscar Arnelson Rodriguez-Cruz (40, Honduras) with conspiracy to defraud the Internal Revenue Service (IRS) of federal payroll taxes, specifically the Federal Insurance Contributions Act (FICA), Social Security, and Medicare taxes. He faces up to five years in federal prison. Rodriguz-Cruz was previously charged on January 31, 2018, with multiple counts of wire fraud. Rodriguez-Cruz is a Honduran citizen who is illegally present in the United States.      

The indictment alleges that Rodriguez-Cruz facilitated employment in the construction industry of individuals living and working illegally in the United States. Construction contractors and subcontractors entered into an agreement with a shell company established by Rodriguez-Cruz to provide workers, most of whom were illegal aliens, for the contractors and subcontractors. By obtaining and paying the workers through the shell company, the contractors and subcontractors could disclaim responsibility for ensuring that required payroll taxes were paid.

The contractors and subcontractors wrote payroll checks to the shell company for work performed by the workers. Rodriguez-Cruz cashed the checks and distributed cash to construction crew leaders, who then paid the workers in cash.  During the period of the scheme, Rodriguez-Cruz allegedly cashed payroll checks totaling $15,670,438. Neither Rodriguez-Cruz nor the contractors and subcontractors remitted payroll taxes to the IRS. According to the IRS, the estimated total amount of payroll taxes due on the total wages is approximately $3,964,621.

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

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

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Christopher Loran Bentley (31, Jacksonville) to 10 years in federal prison, followed by 5 years of supervised release, for possessing a pistol after having been convicted of a felony, and for possessing with intent to distribute crack cocaine and heroin. He pleaded guilty to the offenses on October 19, 2017.

According to court documents, Bentley possessed a stolen firearm outside a house in Jacksonville in April 2017. He was encountered by Jacksonville Sheriff’s Office patrol officers responding to investigate activities at the house. The officers observed Bentley sitting in his parked truck with a bag of marijuana in plain view. The officers ordered Bentley out of the truck, but he resisted and tried to escape. While removing Bentley from the truck, a bag of drugs, including powder cocaine, crack cocaine, and heroin fell from his lap, onto the ground. The firearm was sitting in the driver’s seat, where Bentley had been sitting. Bentley had been previously convicted of selling cocaine.

At sentencing, multiple witnesses’ testimony established that Bentley had been involved in pimping women in the Philips Highway area of Jacksonville for several years. Bentley controlled his sex trafficking victims through violence, threats of violence, coercion, and mental and emotional manipulation. On one occasion, Bentley threatened to bash one of his victims’ teeth in using a gun, broke his hand punching the victim in the head, then forced his victim to pull down her pants so that he could beat her with a pipe. Testimony also established that Bentley had used his victims’ drug addictions to coerce them into prostitution. One of Bentley’s victims died of an overdose in 2016, after obtaining fentanyl and cocaine from him.  On another occasion, Bentley fired his gun at another individual who had been trying to collect a debt from one of the women prostituted by Bentley.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement, with assistance from the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Jacksonville, FL – A federal grand jury has returned an indictment charging Brian Holland (23, Jacksonville) with aggravated sexual abuse by force. If convicted, he faces a maximum penalty of life imprisonment in federal prison, and a potential lifetime of supervision. 

According to the indictment and court records, Holland is charged with sexually abusing a passenger-victim on February 27, 2018, while aboard a Carnival cruise ship based out of Jacksonville. 

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

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Ashley Washington and Jay Taylor.

Tampa, Florida – A federal jury today found Oliver A. Santana-Garcia (33, Sarasota) guilty of being a felon in possession of a firearm. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for June 8, 2018. Santana-Garcia was indicted on August 30, 2016.

According to testimony presented at trial, on March 7, 2016, law enforcement officers conducted a traffic stop of Santana-Garcia and arrested him on an outstanding charge of violation of probation. During a search of the vehicle, law enforcement discovered a loaded firearm semi-automatic pistol wedged between the driver’s seat and the center console. A subsequent search warrant of Santana-Garcia’s cell phone revealed that 12 days prior to his arrest, he had taken a video of himself with the same firearm.

This case was investigated by the Federal Bureau of Investigation and the  Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Carlton C. Gammons and Gregory T. Nolan.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Orlando, FL – A federal jury today found Francisco Javier Barbot Cabassa (28, Kissimmee) guilty of forcibly assaulting a mail carrier while the carrier was engaged in the performance of his official duties, resulting in physical contact with the mail carrier.

According to testimony and evidence presented at trial, Barbot Cabassa approached the mail carrier, while he was distributing mail, and demanded that the carrier give him a package. The mail carrier requested that Barbot Cabassa provide identification, but Barbot Cabassa refused. As a result, the carrier informed Barbot Cabassa that he would need to go to the post office and provide identification in order to obtain the package. Barbot Cabassa then punched the mail carrier in the face and ultimately took the package.

This case was investigated by the U.S. Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Alejandro J. Salicrup and Vincent S. Chiu.

Fort Myers, Florida – Herman Fleming (26, Lehigh Acres) and Sondre’jah Wilbon (24, Fort Myers) today pleaded guilty to federal firearms charges arising out of a straw purchasing incident. Both individuals face a maximum penalty of five years in federal prison. Sentencing dates have not yet been set.

According to court documents, Fleming and Wilbon traveled to a gun show at the Lee County Civic Center on April 2, 2017. Fleming, who was then facing state felony charges, was prohibited from receiving a firearm under federal law. An undercover Bureau of Alcohol, Tobacco, Firearms and Explosives agent standing next to the couple at a display booth observed Fleming handling various firearms and heard him tell Wilbon which three guns (an assault-style rifle and two pistols) he wanted to buy. Fleming then provided Wilbon with cash and left the area to avoid raising suspicion. 

In the paperwork required to make the purchase, Wilbon lied and claimed she was the intended recipient of the firearms. The two were arrested while leaving the gun show. Law enforcement found the rifle in the trunk of Fleming’s car and the receipts for the guns in his pocket. The two pistols were subject to a three-day waiting period by law and never left the possession of the firearms dealer.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Jacksonville, Florida – Bruquanna Griffin (21, Jacksonville) today pleaded guilty to stealing firearms, and conspiring to steal firearms from federally-licensed firearms dealers. She faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.

According to court documents, throughout the summer of 2017, Griffin and another individual worked together to steal firearms from at least three Jacksonville gun stores. At each location, Griffin’s co-conspirator would distract the sales staff, while Griffin would sneak behind the counter to steal handguns. She stole as many as five guns from a single location. On August 23, 2017, Griffin was arrested after she attempted to leave a gun store with two stolen pistols in her purse. She eventually admitted her involvement in the conspiracy, explaining that after she stole the firearms, her co-conspirator would either keep, sell, or trade the guns for drugs.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

Orlando, Florida – U.S. District Court Judge Carlos E. Mendoza has sentenced Ronnie Rolland Montgomery (28, Orlando) to seven years in federal prison for conspiracy to commit wire fraud. He pleaded guilty to the offense on September 6 2017. Five others were previously charged in this conspiracy, have pleaded guilty, and are awaiting sentencing.

According to court documents, from at least August 1, 2015, through July 6, 2017, Montgomery was a manager/leader in a criminal organization that demanded money from victims by claiming to be agents with the Department of Homeland Security (DHS) and/or the Cyber Crimes Center (C3). The scheme typically began by one of the conspirators placing a fraudulent post on adult dating websites claiming to be a “nerdy girl seeking nerdy guy.” When the victims responded to the ads, the conspirators would continue to pretend that they were a female seeking companionship. A couple of days later, the conspirators would contact the victims pretending to be federal agents assigned to the “C3 Child Exploitation Division” or other components of DHS. They would accuse the victims of soliciting a minor on the internet and falsely claim that there was an outstanding warrant for the victims’ arrest. Victims were contacted from fraudulent email addresses that appeared to be from a law enforcement agency. The conspirators also used spoof apps on the victims’ phones to make it appear as if they were calling from a law enforcement number. After contact, victims were told that they could pay a “fine” or “fees” so that the purported warrant would be “purged” or “cleared.” To pay these “fines” or “fees,” victims were instructed to go to a money service business, and use either Ria, MoneyGram, or Western Union to wire money to satisfy their “fines” or “fees.” Victims were directed to address these wire transfers to a real name of one of the conspirators or to one of their aliases, after which the defendants would take turns picking up the payments. Victims were then traded among the conspirators to continue deriving more money from the scheme. The victims, many of which were members of the military, or elderly, would send multiple extortion payments, ranging from $200 to $1,900, per transaction because they feared arrest. Law enforcement estimates that the scheme generated over $342,000 in profits. 

In addition, on March 7, 2018, a grand jury returned an indictment charging Donte Sherrick Harris (30, Kissimmee), Jean David Jules, a/k/a ‘Zoe,” a/k/a “Zoe Chappo” (33, Haitian national), Jonathan Wayne Thorne (27, Kissimmee), and Jason Tyiwuan Green (21, Orlando) with wire fraud for their involvement in the same scheme.

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

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

Orlando, Florida – U.S. District Court Judge Carlos E. Mendoza today sentenced Oniel Christopher Russell, a/k/a “O G Russell” (40, Jamaican national), to five years in federal prison for possessing two loaded firearms while being in the United States illegally, and for committing a felony assault on a federal law enforcement officer, causing bodily injury. A federal jury found Russell guilty on December 28, 2017, after a two-day trial.

According to testimony and evidence presented at trial, Russell last entered the United States on October 29, 2008, as a non-immigrant visitor for pleasure with subsequent authorization to remain within the United States only until January 3, 2009. However, Russell failed to depart the United States, and he remained without any lawful immigration status thereafter. On August 24, 2013, Orange County Sheriff’s deputies pulled Russell over for a traffic violation. They subsequently conducted a lawful search of his vehicle, where they discovered two loaded firearms, one in the glove compartment box, and another under the passenger seat. Russell confessed to possessing the firearm in the glove compartment, but denied knowledge of the other. He was charged by the State Attorney’s Office for carrying a concealed firearm.

In October of 2016, deportation officers with U.S. Immigration and Customs Enforcement were alerted to Russell’s presence in the United States when he placed a call to U.S. Citizenship and Immigration Services and made several threatening verbal statements. After verifying that he was in the United States illegally, on April 25, 2017, they located Russell and attempted to execute an administrative warrant for his arrest, during which he resisted and a federal officer suffered injuries to his shoulder and ankle.

At sentencing, the Court imposed an upward variance of 30 months, citing Russell’s apparent hatred for the United States, and law enforcement, his actions when arrested, and his lack of remorse or acceptance of responsibility. The Court also specifically noted that it also had taken into consideration the exhibits submitted into evidence by the United States, which included still shots and a transcription of the lyrics from Russell’s YouTube video on October 23, 2015, titled “Cop Killer.” In the still shots from the video, Russell could be seen brandishing a firearm, and mimicking one with his hand, while singing explicit lyrics.

“Russell’s sentence sends a clear message that assaulting a federal officer will not be tolerated and will be prosecuted to the fullest extent of the law. His actions on April 25th showed no respect or regard for our officers and his sentence was fitting of his crime,” said Marc Moore, field office director for U.S. Immigration and Customs Enforcement.

This case was primarily investigated by U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Orange County Sheriff’s Office, with assistance from U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, Homeland Security Investigations, and the Federal Protective Service. It was prosecuted by Special Assistant United States Attorney Christina R. Downes, who is on assignment from ICE’s Office of the Principal Legal Advisor in the Middle District of Florida.

Fort Myers, Florida – Kenneth McQueen (58, Okeechobee) has pleaded guilty to possession with intent to distribute a controlled substance. He faces a minimum of 5, up to 40 years, in federal prison. A sentencing date has not yet been set.

According to court documents, a City of Arcadia police officer pulled McQueen over for a minor traffic violation. McQueen volunteered that he was in possession of marijuana, but claimed he had just cleaned the car, so no other contraband would be found. A search of the vehicle revealed over a half-kilogram of cocaine and six ounces of fentanyl in multiple locations throughout the passenger compartment.

This case was investigated by the Arcadia Police Department and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Gerard Ibarra (57, Mexico) to 10 months in federal prison for fraud and misuse of visas, permits, and other documents. The court also ordered him to forfeit $5,752, which is traceable to proceeds of the offense. Ibarra pleaded guilty on September 25, 2017.

According to court documents, in May 2017, the U.S. Secret Service (USSS) and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) received information from local law enforcement about an individual known as “Perfume Cuco” (later determined to be Ibarra) who was selling fraudulent identification documents to illegal immigrants in Kissimmee. These documents were being sold for $150 to $200 a piece, and included immigrant visas (i.e., “Green Cards”), social security cards, and Florida driver licenses. Agents from HSI and the USSS conducted an undercover investigation during which Ibarra sold a counterfeit Green Card and a counterfeit social security card to an undercover agent. Ibarra was arrested on August 16, 2017, following a second undercover purchase. A subsequent search of his vehicle revealed 10 counterfeit Green Cards, 21 counterfeit social security cards, a counterfeit California driver license and $5,752 in cash. Ibarra later told agents that he had been selling counterfeit cards for about two years and that “business was good.” He estimated that he had sold approximately 2,000 cards.

Further investigation revealed that an individual named “Jimmy,” later identified as Jaime Gaspar (37, Kissimmee), had been supplying the counterfeit cards to Ibarra. On March 7, 2018, Gaspar was arrested and charged by criminal complaint for his involvement in the scheme.

According to court records, Ibarra sent photos and biographic information to Gaspar using a cellphone app. Upon Gaspar’s arrest, agents located his cellphone in his room and confirmed it was the same phone used to perpetuate the fraud with Ibarra.

“HSI places a high priority on investigating document and benefit fraud,” said HSI Tampa Special Agent in Charge James C. Spero. “This crime poses a threat to national security and public safety because it creates a vulnerability that may enable criminals and illegal aliens to gain entry to and remain in the United States.”  

“The results of this investigation are a testament to the Secret Service’s commitment to strong partnerships between local and federal law enforcement agencies,” said Gerard Doret, Special Agent in Charge of the U.S. Secret Service Orlando Field Office.

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

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the U.S. Secret Service as result of HSI’s Document and Benefit Fraud Task Force (DBFTF), which was created to combat visa fraud and other similar crimes by building upon existing partnerships with other federal and state law enforcement investigators with document and benefit fraud expertise. It was prosecuted by Special Assistant U.S. Attorney Christina R. Downes, who is on assignment from the Office of the Principal Legal Advisor, ICE.

Orlando, Florida – A grand jury has returned an indictment charging Richard Hoyt Crawford, Jr. (59, Port Orange) with attempting to entice a minor to engage in sexual activity. If convicted, he faces a minimum mandatory penalty of 10 years, up to life, in federal prison. The indictment also notifies Crawford that the United States intends to forfeit an iPhone, which was used in furtherance of the offense.

According to court documents, between February 10 and February 28, 2018, Crawford engaged in email and text communications with an undercover agent acting as the father of a 12-year-old girl. Crawford asked the “father” for a photo of the “child” and negotiated a price to have sex with her. He offered to pay between $50 and $75 for the sexual encounter and asked that the “girl” be nude in the back of the “father’s” car and ready for sexual activity. On February 28, 2018, Crawford traveled from Port Orange to Seminole County to meet the “child,” and was arrested by federal agents. 

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

This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney 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.

Jacksonville, Florida – Jeremy Scott Clark (44, Ponte Vedra) was arrested today and charged by federal criminal complaint with distributing child pornography. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison, and a potential lifetime of supervision. Clark has been detained pending a hearing scheduled for March 13, 2018, in Jacksonville.

According to the criminal complaint, on February 22, 2018, an individual using the screen name “LLCoolJack1973” responded to a message on an internet bulletin board frequented by individuals with a sexual interest in children. This message had been posted by an undercover FBI agent. The user (LLCoolJack1973), later identified as Jeremy Scott Clark, began an online conversation with the undercover FBI agent. After some conversation about sexual activity with children, the user sent an image of an adult male on a bed displaying his penis, and later sent a link to the FBI agent that contained images of prepubescent children engaged in sexually explicit conduct. Further investigation revealed that the internet protocol address used by “LLCoolJack1973” traced back to Clark’s residence in Ponte Vedra, and that Clark was a teacher at First Coast High School in Jacksonville. 

On March 8, 2018, FBI agents and other law enforcement officers executed a federal search warrant at Clark’s residence and seized several items of computer media and at least one Apple iPhone. Through interviews, agents were able to confirm that the picture of the naked male sent to the undercover FBI agent depicted Clark on his bed, in a bedroom at his residence. Clark was placed under arrest.

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

This case was investigated by the FBI and the St. Johns County Sheriff’s Office. Anyone with information regarding this investigation should contact the FBI Jacksonville office at (904) 248-7000. This case 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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."

Tampa, Florida – U.S. District Judge Charlene E. Honeywell today sentenced Michael Bernard Code (36, Bradenton) to 10 years and 5 months in federal prison for possessing with the intent to distribute controlled substances. He pleaded guilty on December 13, 2017. 

According to court documents, on June 15, 2017, the Drug Enforcement Administration and the Manatee County Sheriff’s Office conducted surveillance of known narcotics trafficking locations in Manatee County. They observed a white Buick sedan leaving a suspected drug house and determined that the registered owner of the car had a suspended driver license. As officers attempted to initiate a traffic stop, the vehicle initially kept moving. When it finally stopped, Code exited the passenger side of the car carrying a black object, and fled on foot. The driver, Tony Marvin Johnson, was patted down for weapons, during which a deputy located a pill bottle containing approximately 8.5 grams of a white substance that appeared to be cocaine base. The substance field-tested positive for cocaine. Officers also recovered $237 from a fanny-pack strapped to Johnson’s waistband and another $207 from his front pants pockets.

Shortly thereafter, Code returned to the vehicle and was detained. Witnesses advised law enforcement that they saw Code throw objects on the ground in two separate locations. A search of those locations revealed a black magnetic type box containing the following: a digital scale, a plastic baggy containing Xanax pills, a plastic baggy containing approximately 13.5 grams of suspected fentanyl, a plastic baggy containing 13 smaller baggies with suspected fentanyl weighing approximately 8.2 grams, and a third plastic baggy containing 26 individual small baggies with an off-white powdery substance (weighing approximately 5.7 grams). The white substance field-tested positive for cocaine. The suspected fentanyl later lab-tested positive for MDMA.   

Code later told law enforcement that Johnson had told him to run from the car and get rid of the objects. He also stated that he used narcotics and tested narcotics.

Johnson previously pleaded guilty for his role in this case. His sentencing hearing is scheduled for April 3, 2018.

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

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Christopher Jaye Boykin (35, Lisman, Alabama) to 7 years and 11 months in federal prison for downloading child sex abuse videos. He was also ordered to serve a 5-year term of supervised release, register as a sex offender, and pay $4,000 in restitution to two victims. Boykin was previously convicted of two felony drug offenses in Jacksonville in 2013.   

According to court documents, in February 2014, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) determined that a host computer in Jacksonville, where Boykin was residing, was offering child pornography on a file-sharing network. Boykin later pawned that computer at a shop in Jacksonville, and it was seized by law enforcement.

On November 14, 2014, HSI agents executed a search warrant at Boykin’s home and seized another computer that he had used to download at least 50 videos depicting sexual abuse of young children. During an interview, Boykin admitted that both computers contained child pornography for his own “viewing pleasure.”

“This child predator thought he could be anonymous behind a computer screen,” said HSI Tampa Special Agent in Charge James C. Spero. “But thanks to the investigative work of HSI special agents, and our partners at the Jacksonville Sheriff’s Office and the Jacksonville Beach Police Department, this criminal will be held accountable for his crimes.”         

This case was investigated by U.S. Immigration and Customs Enforcement’s  Homeland Security Investigations, the Jacksonville Sheriff’s Office, and the Jacksonville Beach 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, Florida – United States District Judge Charlene E. Honeywell today sentenced Rany Smith a/k/a “Abdelmajid Wahbi” (48, Tampa) to 45 months’ imprisonment for aggravated identity theft and conspiracy to commit mail and wire fraud. He pleaded guilty to charges on December 6, 2017.

According to court records, Smith, originally of Morocco, stole the identities of other North African immigrants and used them to carry out fraud schemes throughout Florida. In one scheme, he obtained employment as a manager at Tampa-area and South Florida businesses, using stolen identities to hide his prior felony conviction. He then used his managerial authority to hire “ghost employees,” whose wages he then collected and kept for himself. In other schemes, Smith obtained lines of credit using the personal identifying information of various identity theft victims and purchased goods and services from a variety of businesses across the United States. As a result, he incurred debts that he never repaid, causing tens of thousands of dollars in losses to the underwriting banks.

"This criminal stole the identities of other immigrants and used those identities to shield himself from being held accountable for illegal activities," said HSI Tampa Special Agent in Charge James C. Spero. "He victimized the immigrants whose identities he stole, Florida retailers and online merchants, and the U.S. taxpayers."     

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations – National Security Division, the U.S. Air Force Office of Special Investigations, and the Pasco County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Eric K. Gerard.

Tampa, Florida – Dr. Anthony Baldizzi (54, Largo) today pleaded guilty to conspiracy and receiving illegal kickbacks related to a federal health care benefit program. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Baldizzi, a medical doctor practicing in Pinellas County, wrote prescriptions for compounded creams for scars and pain, among other things. These creams, which were prescribed to TRICARE beneficiaries and others, cost between $900 and $21,000 for a one-month supply. 

Beginning in May 2014, Baldizzi entered into an agreement with the owners of Lifecare Pharmacy, a Pinellas County-based compounding pharmacy, and the principals of Centurion Compounding, Inc., a Pasco County-based marketing firm that promoted compounded creams. Lifecare and Centurion agreed to pay Baldizzi 10 percent of each paid claim resulting from a prescription for a compounded cream written for his patients and filled at Lifecare. These prescriptions were often billed to TRICARE.

Also, at the request of Centurion’s owners, Baldizzi conducted “pop up” medical clinics at a hotel, retail store, and other locations in order to see high volumes of Centurion-recruited patients and prescribe Centurion-promoted compounded creams, many of which were paid for by TRICARE.

Lifecare received approximately $5.3 million from TRICARE for claims made for prescriptions for compounded medications prescribed by Baldizzi as a result of this illegal kickback scheme. The conspirators made cash payments to Baldizzi and bought him a $72,000 luxury car in return for writing the prescriptions for compounded creams for individuals covered by federal health care benefit programs. 

Baldizzi’s co-conspirators, pharmacists Carlos Mazariegos and Benjamin Nundy, who owned and operated Lifecare Pharmacy, pleaded guilty to conspiracy to commit healthcare fraud in related cases and are set to be sentenced in June 2018. This investigation is ongoing.

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

Tampa, Florida – Colby Isaac Hilleary (24, Greenville, Texas) has been arrested and charged by criminal complaint with interfering with the duties of a flight attendant. He faces a maximum sentence of 20 years in federal prison.   

According to the complaint, on March 2, 2018, Hilleary was a passenger on an American Airlines flight from Ft. Lauderdale to Dallas, Texas. Shortly after takeoff, he left his seat and ran to the front of the aircraft; a flight attendant told him that he needed to return to his seat. Hilleary responded, "the plane is going the wrong way," and "there are no pilots on the plane." A flight attendant then told Hilleary that there were pilots flying the plane and that it was currently over the water, but would turn and head towards Dallas shortly. Hilleary eventually returned to his seat. 

Once seated, Hilleary continued behaving in a disruptive manner. The flight attendant approached Hilleary in his seat in an attempt to address his concerns and calm him down, but he continued his erratic behavior. Hilleary stated, "The plane has been hijacked," and became increasingly agitated. He then jumped up from his seat and physically attacked the flight attendant. During the altercation, the flight attendant was punched in the face before other passengers could subdue him. The flight attendant notified the captain and the plane was diverted for an emergency landing in Tampa.

A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Shauna S. Hale.  

Orlando, Florida– U.S. District Judge Carlos E. Mendoza has sentenced Juan Almeida (59) and Andrew Cassara (38), both of Boca Raton, to six and seven years in federal prison, respectively, for conspiring to possess with the intent to distribute 100 kilograms or more of marijuana. They pleaded guilty on November 6, 2017.

A third co-conspirator, Wade Jones, Jr., previously pleaded guilty and was sentenced on February 7, 2018, to 13 months’ imprisonment.

According to court documents, in January 2015, the Drug Enforcement Administration began investigating the conspirators’ drug trafficking activities, which involved the distribution of large amounts of high-grade marijuana to individuals and groups. In August 2014, another group of drug traffickers had stolen approximately $250,000 of marijuana from the conspirators. In February 2015, during a recorded meeting, the conspirators discussed recouping their debt from the drug traffickers and continuing their drug distribution activities. A few days later, law enforcement seized more than 1,300 pounds of high-grade marijuana from a storage facility in Orlando and a house linked to Cassara.  

This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Sean P. Shecter.

Tampa, Florida – A federal jury yesterday found Enite Alindor a/k/a Odette Dureland (56, Winter Haven) guilty of obtaining her naturalization as a United States citizen contrary to law and making false statements in a proceeding relating to naturalization. Her sentencing hearing is scheduled for June 7, 2018.

According to the testimony and evidence presented at trial, Alindor, a citizen of Haiti, applied for asylum with the Immigration and Naturalization Service (INS) in Miami in February 1997. After the INS denied that application, the United States Immigration Court ordered her to be removed from the United States in absentia. Shortly thereafter, Alindor presented herself to the INS as “Odette Dureland” and filed for asylum protection under that new identity. She concealed the fact that she had previously applied for status in the United States as Enite Alindor, and concealed the fact that she was also under a final order of removal from the United States. U.S. Citizenship and Immigration Services personnel, unaware of the Alindor identity and order of removal, approved Dureland for citizenship in July 2012 and she was naturalized as a United States citizen under that name in July 2012.

“When individuals lie on immigration documents, the system is severely undermined and the security of our nation is put at risk,” said HSI Tampa Special Agent in Charge James C. Spero. “HSI places a high priority on investigating document and benefit fraud.” 

“The integrity of our nation’s legal immigration system is paramount,” said USCIS Tampa Acting District Director Tracy Tarango. “This conviction sends a clear message that attempting to fraudulently obtain U.S. citizenship will not be tolerated. Our nation’s citizens deserve nothing less.”

The investigation that led to this prosecution was part of “Operation Second Look”, a nationwide investigation conducted by the U.S. Department of Homeland Security, which has reviewed multiple cases across the United States of aliens who gained citizenship by concealing from the INS their prior orders of deportation and orders of removal from the United States.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from the U.S. Citizenship and Immigration Services Fraud Detection and National Security group in Tampa, and the USCIS Asylum Office in Miami, Florida. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

Tampa, Florida – United States District Judge Elizabeth Kovachevich today sentenced Samika Garcia (39), formerly of Riverview, to four years and three months in federal prison on one count of wire fraud and one count aggravated identity theft in connection with income tax fraud. As part of her sentence, she was also ordered to pay restitution to the Internal Revenue Service. Garcia pleaded guilty to these charges on November 15, 2017.

According to court documents, in February and March 2014, Garcia electronically filed false and unauthorized tax returns in other peoples’ names from a laptop computer, claiming fraudulent tax refunds that were then deposited onto debit cards, in an amount totaling over $192,000. In doing so, Garcia unlawfully used those individuals’ personally identifying information, and kept track of this information in detailed ledgers at her residence. 

This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.

Jacksonville, FL –U.S. District Judge Timothy J. Corrigan yesterday sentenced Karamchand “Raj” Doobay (44, Orlando) to 12 years and 7 months in federal prison for conspiracy to commit mail and wire fraud related to a scheme to defraud investors in an RV Park, and immigrant investors in a senior citizen facility, both located in Hamilton County. In addition, the Court ordered him to pay restitution to the 85 victim–investors in the amount of $8,663,264.58. Doobay was also ordered to forfeit real property that was used in the commission of the offenses.       

Doobay pleaded guilty on January 31, 2017.

According to court documents, Doobay operated business entities in Hamilton County, Florida, through which he acquired a parcel of land located at 7516 SE 113th Boulevard, in Jasper, Florida. From in or about March 2009, through in or about December 2015, he solicited investors to purchase subdivided lots on the land, guaranteeing returns between 9 to 41 percent for investments in RV lots and other lots for sale by his entity (Florida Gateway Resort). Doobay utilized various bank accounts to collect funds for the purchase of RV lots that he purported to sell to investor–purchasers. However, Doobay failed to disclose that he had previously contracted to sell and purportedly sold the same lots to other investors.

Doobay was unable and failed to deliver the RV lots as promised. Despite being unable to deliver titles to the lots, he continued to represent to investors, through 2015, that “clean title is going to be provided” and that the land at Florida Gateway Resort was zoned and planned for an RV resort. Doobay routinely solicited new investor funds to pay previous investors returns while failing to disclose to the new investors that their funds would be used to pay pre-existing investors’ guaranteed returns.

Further, from about May 2011, through May 2016, Doobay conspired to commit wire fraud by promising immigrant investors, who were seeking permanent residence in the United States through the EB-5 Immigrant Investor Program, that he would use their investments for the development, renovation, and/or new construction of Senior Premier Living, a proposed retirement community in Jasper, Florida. Instead, Doobay used a portion of the immigrant investor funds to pay Florida Gateway Resort a small fraction of the promised returns and for his own personal use and enjoyment.

“Having no remorse or sympathy for those he stole from, Doobay continued to defraud victims even after his 2015 arrest,” said FDLE Tallahassee Special Agent in Charge Mark Perez.  “I appreciate the efforts of investigators and the U.S. Attorney’s Office in stopping Doobay’s continued hunt for new victims.”

"This case demonstrates the lengths that some criminals will go to target and take advantage of innocent victims," said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division, "but the FBI will work equally hard to hold those criminals accountable and protect their victims both here and abroad."

This case was investigated by the Florida Department of Law Enforcement, Hamilton County Sheriff’s Office, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.

Jacksonville, FL – Brian Holland (23, Jacksonville) has been arrested and charged by criminal complaint with aggravated sexual abuse by force. He faces a maximum penalty of life in federal prison and a potential lifetime of supervision. Holland made his initial appearance in federal court today and was temporarily detained pending a detention hearing on Tuesday, March 6, 2018.

According to the complaint, agents with the Federal Bureau of Investigation  were notified by the security department of the Carnival Cruise Line vessel Elation that a passenger onboard the ship had been involved in an incident of sexual abuse on February 27, 2018. The victim stated that she was in the Jacuzzi with Holland on the cruise ship when he kept attempting to put his arm around her and she attempted to move further away from him. Holland then tried to put his hand on her shoulder and pull her back toward him. The victim stated that Holland touched her on her genitals over her bathing suit and then under her bathing suit, digitally penetrating her by force. The victim left the Jacuzzi and immediately reported what happened to family, who then reported it to ship security. The victim was examined by medical personnel on the ship, who found abrasions on her genitals consisted with digital penetration by force. 

A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Ashley Washington and Jay Taylor.

A Middleburg, Florida man who used an infant and a toddler to produce child pornography was sentenced to 60 years in federal prison yesterday, to be followed by a lifetime of supervised release.

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 and Special Agent in Charge James C. Spero of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Tampa, made the announcement.

Andrew Leslie, 23, a former software engineer, pleaded guilty before U.S. District Judge Brian J. Davis on Oct. 21, 2017.

“Andrew Leslie committed unspeakable crimes against the most vulnerable of victims, children so young that they literally cannot speak for themselves” said Acting Assistant Attorney General John P. Cronan.  “Our prosecutors and law enforcement partners are committed to identifying and prosecuting offenders like Andrew Leslie and securing sentences like today’s, which ensures that he will never harm another child.”

“Yesterday’s sentence demonstrates the severity of the crimes committed in this case,” said U.S. Attorney Lopez. “We intend to continue our pursuit in prosecuting such egregious crimes as this, in hopes that justice will be served for the victims.”

“This predator has committed atrocities that are beyond comprehension,” said Special Agent in Charge Spero. “We hope yesterday’s sentencing can bring some solace to the victims in their recovery process.”

According to admissions made in conjunction with the guilty plea, during the execution of a federal search warrant at Leslie’s Middleburg residence, agents located a digital camera next to Leslie’s bed.  Inside of the camera was a memory card that contained a series of images depicting Leslie sexually abusing two children, one of which was an infant child and the second who was approximately two years old.  The two-year-old child, whom Leslie admitted was in bed with Leslie at the time law enforcement agents entered the residence, was found in the residence and rescued.  Forensic analysis of other digital devices seized from the residence revealed that Leslie had produced, received, distributed, and possessed numerous images and videos depicting child pornography.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Clay County Sheriff’s Office.

Trial Attorney Lauren E. Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney D. Rodney Brown of the Middle District of Florida prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Jacksonville – A Middleburg, Florida man who used an infant and a toddler to produce child pornography was sentenced to 60 years in federal prison yesterday, to be followed by a lifetime of supervised release.

U.S. Attorney Maria Chapa Lopez of the Middle District of Florida, Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, and Special Agent in Charge James C. Spero of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Tampa, made the announcement.

Andrew Leslie, 23, a former software engineer, pleaded guilty before U.S. District Judge Brian J. Davis on Oct. 21, 2017.

“Yesterday’s sentence demonstrates the severity of the crimes committed in this case,” said U.S. Attorney Chapa Lopez. “We intend to continue our pursuit in prosecuting such egregious crimes as this, in hopes that justice will be served for the victims.”

“Andrew Leslie committed unspeakable crimes against the most vulnerable of victims, children so young that they literally cannot speak for themselves” said Acting Assistant Attorney General John P. Cronan.  “Our prosecutors and law enforcement partners are committed to identifying and prosecuting offenders like Andrew Leslie and securing sentences like today’s, which ensures that he will never harm another child.”

“This predator has committed atrocities that are beyond comprehension,” said Special Agent in Charge Spero. “We hope yesterday’s sentencing can bring some solace to the victims in their recovery process.” 

According to admissions made in conjunction with the guilty plea, during the execution of a federal search warrant at Leslie’s Middleburg residence, agents located a digital camera next to Leslie’s bed.  Inside of the camera was a memory card that contained a series of images depicting Leslie sexually abusing two children, one of which was an infant child and the second who was approximately two years old.  The two-year-old child, whom Leslie admitted was in bed with Leslie at the time law enforcement agents entered the residence, was found in the residence and rescued.  Forensic analysis of other digital devices seized from the residence revealed that Leslie had produced, received, distributed, and possessed numerous images and videos depicting child pornography.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Clay County Sheriff’s Office.

Assistant U.S. Attorney D. Rodney Brown of the Middle District of Florida and Trial Attorney Lauren E. Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Tampa, Florida – Brian Scott Ellis (50, New Port Richey) has pleaded guilty to possessing and attempting to produce child pornography. He faces a minimum mandatory penalty of 15 years’ imprisonment, up to 30 years, for the attempted production charge and up to 20 years in federal prison for the possession charge. 

According to the plea agreement, Ellis attempted to create an explicit video of a young teenage girl as she slept in his house. Ellis also admitted to possessing 2,597 images and 1,807 videos depicting child pornography, including materials involving a toddler,

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Frank Murray.

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