Middle District of Florida
Press releases recorded for this federal judicial district.
Illegal Alien Convicted of Illegally Reentering Country for Second TimeRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal judge yesterday found Noe Blas-Jahuey (30, Mexico) guilty of illegal reentry of a deported alien. He faces a maximum penalty of 10 years in federal prison. A sentencing hearing is scheduled for March 9, 2018.
Blas-Jahuey was indicted on May 19, 2016.
According to testimony and evidence presented at trial, Blas-Jahuey was deported twice, once in August 2013, and again in December 2013. He reentered the United States illegally after his December 2013 deportation without receiving permission to return. Immigration authorities found Blas-Jahuey in the United States after he was arrested by local law-enforcement officers in Pinellas County for aggravated assault. He has a prior conviction for illegal reentry into the United States.
This case was investigated by U.S. Immigration and Customs Enforcement's Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Jennifer L. Peresie.
German Citizen Sentenced to Life in Prison for Attempting to Engage A Minor in Sexual ActivityRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron yesterday sentenced Meinrad Kopp (55), a German citizen and resident of Switzerland, to life in federal prison and a life term of supervision for attempting to entice a minor to engage in sexual activity. The Court also imposed a special assessment of $5,000, and ordered him to pay a fine of $250,000 and forfeit a cellphone, laptop computer, and camera that had been used to facilitate the offense.
Kopp entered a guilty plea on September 22, 2017.
According to court documents, from on or about April 26, 2017, to on or about June 16, 2017, Kopp engaged in communications via the Internet, with an undercover agent, about engaging a minor in a range of sadistic sexual activities. Kopp disclosed his intent to humiliate and inflict severe pain on the child for his sexual gratification by treating her like a dog and torturing her with certain instruments he intended to bring with him. According to Kopp, he previously had beaten an 11-year-old child using a leather belt.
On June 16, 2017, Kopp traveled to Orlando and was arrested by agents working with Homeland Security Investigations. Inside his luggage, Kopp had weights, clamps, rope, tape, a bottlebrush, and a flashlight that he intended to use with the minor. He had a digital camera that he intended to use to record the acts with the child. During an interview with agents, Kopp admitted that he had traveled to Orlando for the purpose of engaging a minor in sexual activity.
At sentencing, Judge Byron remarked that this was a heinous and atrocious crime, and noted that he could not imagine anything more extreme than hurting a child for an individual’s sexual gratification. He also noted that the sentence imposed was intended to deter sex tourism.
"Crimes against children are some of the most loathsome our HSI special agents investigate," said HSI Tampa Special Agent in Charge James C. Spero. "This case should serve as warning to other child predators. We will find you, arrest you and make sure that you are prosecuted to the fullest extent of the law."
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc .
Woman Sentenced and Denaturalized for Obtaining U.S. Citizenship by Lying to OfficialsRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Munia Parvin, a/k/a Zarrin Hoque (46, Sarasota), to 6 months in federal prison for obtaining U.S. citizenship through false and misleading representations to U.S. immigration authorities. She pleaded guilty on September 26, 2017. The Court also entered an order denaturalizing Parvin and stripping her of her United States citizenship; she is now subject to deportation to Bangladesh.
According to her plea agreement and evidence presented in court, Parvin first applied for asylum protection to remain in the United States in 1993, claiming that she had entered the United States from Bangladesh and feared persecution and arrest if she returned there. In November 1996, the INS rejected her application and ordered her to appear before an immigration judge for possible deportation proceedings. In December 1997, the immigration court allowed Parvin to depart from the United States by a set date and when she failed to do so, entered a warrant for her arrest and removal from the country.
While her case was still pending before the immigration court, Parvin assumed the new identity of Zarrin Hoque and filed for legal protection and permanent resident status in the United States using this new name and a different set of biographical data. In 2012, she applied for U.S. citizenship and ultimately became a U.S. citizen on June 4, 2012. In her paperwork and application for citizenship, Hoque denied the use of prior names, denied having been subject to an order of deportation, and denied lying to immigration authorities. Photographic and fingerprint evidence later established that Hoque and Parvin were the same person and that Parvin had lied on several parts of her citizenship application.
“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. “Working with our USCIS partners, HSI special agents will continue to protect our immigration systems.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with the assistance from U.S. Citizenship and Immigration Services. This investigation was a part of “Operation Second Look,” a nationwide initiative of the Department of Homeland Security to review the files of hundreds of persons who have been ordered deported from the United States but have not left the country as directed. The Parvin case is one of four similar investigations initiated in the Tampa Bay area. The cases are being prosecuted by Assistant United States Attorney Jay L. Hoffer.
United States Citizens and Illegal Aliens Charged in Marriage Fraud RingRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces the filing of an indictment charging William Matthew Tex Price (31, Cocoa), April Coleen Moore (24, Satellite Beach), Khagan Mushfig Oglu Nabili (24, Azerbaijan), Zafar Bakhramovich Yadigarov (26, Uzbekistan), Valriy Tsoy (33, Kazakhstan), Maria Rogacheva (28, Russia), and Svetlana Vladimirovna Shakhramanyan (28, Azerbaijan) for their involvement in a marriage fraud ring operating out of Brevard County from 2015 to 2016. Each faces up to five years in federal prison. Price has also been charged in a separate indictment with possessing a firearm as a convicted felon and faces up to 10 years in federal prison for that offense. Denis Yakovlev (40, Russia) and Meghan Toole (28, Cocoa) were previously charged and pleaded guilty for their involvement in this conspiracy.
According to court documents, in October 2015, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations worked with the Brevard County Clerk of the Court to investigate a significant surge in the number of aliens from Uzbekistan, Kazakhstan, Kyrgyzstan, and other former Soviet countries marrying U.S. citizens in Brevard County. This led to the arrest of Yakovlev and Toole on July 13, 2016. After his arrest, Yakovlev admitted to introducing approximately 100 individuals to each other over an 18-month period for the purpose of them entering into sham marriages for immigration benefits. Yakovlev claimed that his payment typically ranged from $1,000 to $2,000 per sham marriage, and that the American citizens were paid between $10,000 and $20,000 each.
“These criminals conspired to circumvent and exploit our nation's immigration laws for personal financial gain,” said HSI Special Agent in Charge James C. Spero. “This undermines the very objectives of our immigration laws and services, which are based on the honesty of the people who apply for immigration benefits.”
Last month, Nabili and Rogacheva each pleaded guilty to one count of marriage fraud. Price pleaded guilty to two counts of marriage fraud and one count of being a felon in possession of a firearm. Yadigarov, Tsoy, and Shakhramanyan were arrested on December 7, 2017, in the Eastern District of New York. Moore was arrested on October 15, 2016, and her trial date has been set for January 2, 2018.
In November 2016, Yakovlev was sentenced to 15 months’ imprisonment for encouraging or inducing an alien to reside in the United States, and Toole was sentenced to 4 months’ imprisonment for marriage fraud.
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 Homeland Security Investigations, U.S. Citizenship and Immigration Services - Fraud Detection and National Security Directorate, the Brevard County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the Brevard County Clerk of the Court. It is being prosecuted by Special Assistant U.S. Attorney Christina R. Downes on assignment from the Office of the Principal Legal Advisor, ICE.
Orlando Pair Sentenced for Copyright Infringement of Microsoft Products and Conspiracy to Commit Wire FraudRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Robert F. Stout (51) and Kasey N. Riley, a/k/a Kasey Stout (33), to 18 months’ imprisonment and 12 months of home detention, respectively, for conspiracy to commit wire fraud and copyright infringement relating to the sale of illegal activation keys for Microsoft products. As a part of their sentences, the Court also ordered them to pay $1,480,227, the proceeds of the charged criminal conduct.
Stout and Riley pleaded guilty on August 8, 2017.
According to court documents, Stout and Riley advertised Microsoft software products for sale online, using a variety of sham business names. They purchased unauthorized activation keys from various websites and then provided them, in exchange for PayPal payments, to at least 13,000 customers throughout the United States. They received at least $1.4 million from customers in exchange for the unauthorized, and often invalid, activation keys. Even after receiving customer complaints that specific activation keys were not functioning properly, Stout and Riley continued to sell them. For example, between September 2013 and June 2014, they sold one specific activation key approximately 880 times.
“This investigation involved years of hard work by HSI special agents and our partners at the Federal Bureau of Investigation,” said HSI Tampa Special Agent in Charge James C. Spero. “We have stopped these criminals from using intellectual property for their own illegal profit.”
The Better Business Bureau received at least 140 complaints from customers who had purchased the unauthorized software from the sham businesses. Over the course of two years, Stout and Riley also received - and ignored - at least four warnings from Microsoft to cease in their practices.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Albany Field Office of the Federal Bureau of Investigation. It was prosecuted by Special Assistant United States Attorney Christina R. Downes, on assignment from the Office of Principal Legal Advisor (ICE) in the Middle District of Florida, and Assistant United States Attorney Wayne A. Myers from the Northern District of New York.
Former Tampa Police Sergeant Sentenced to Prison for Receipt of Stolen Government PropertyRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced LaJoyce Caldwell Houston (51, Riverview) to two years and nine months in federal prison for receiving stolen tax refunds. The Court also ordered her to pay $61,660.52 in restitution to the Internal Revenue Service. Houston pleaded guilty on August 23, 2017.
According to court documents, in 2011 and 2012, while working at the Tampa Police Department, Houston received goods, services, money orders, and cash that were obtained with debit cards tied to accounts that had been loaded with fraudulently obtained tax refunds. The fraudulent refunds deposited in these accounts were the result of fraudulent federal income tax returns that had been filed by co-conspirator Rita Girven. Items received as a result of the fraud included a pool pump system for Houston’s home, computers, appliances, purses, jewelry, money orders, and cash, among other things. The Court also found that fraudulent tax returns were filed from Houston’s home and that online purchases were made from her residence with debit cards that had been loaded with fraudulent tax refunds.
In addition, in January 2012, Houston used her position at the Tampa Police Department to obtain the personally identifiable information (PII) of five individuals that Houston then provided to Girven to file fraudulent tax returns and/or obtain and access reloadable debit cards.
The Court ruled that the fraudulently obtained tax refunds deposited into the accounts from which LaJoyce Houston benefited totaled $284,490.41 and that Houston received more than $150,000 in goods, services, and cash from these accounts.
LaJoyce Houston’s co-defendant and husband, Eric Houston, pleaded guilty on March 31, 2017, to receiving stolen government property. He was sentenced on October 25, 2017, to six months in federal prison. In a related case (8:15-cr-58-T-17EAJ), Rita Girven pleaded guilty on March 16, 2015, to conspiracy to commit wire fraud and aggravated identity theft. She was sentenced on November 20, 2015, to 12 years in federal prison.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Florida Felon Sentenced to More Than Seven Years in Prison for Possessing FirearmsRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Joseph James Belmont (28, Tampa) to seven years and eight months in federal prison for possessing firearms as a convicted felon. The Court also ordered him to forfeit the guns and ammunition used in the offense.
Belmont pleaded guilty on August 22, 2017.
According to court documents, in November 2016, officers from the Tampa Police Department (TPD) stopped Belmont for a traffic violation that led to the discovery of a loaded handgun. Approximately three months later, TPD officers found Belmont passed out behind the wheel of a car, parked on the wrong side of the street, with the engine running. They knocked on the car door, and when Belmont opened it, officers saw another loaded handgun.
Belmont’s prior convictions include robbery with a weapon and delivery of a controlled substance. As a convicted felon, he is 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 Tampa Police Department. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Jacksonville Man Pleads Guilty to Manufacturing and Possessing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that James Edward Langford, IV (30, Jacksonville) today pleaded guilty to manufacturing and possessing counterfeit Federal Reserve notes. He faces a maximum penalty of 40 years in federal prison, forfeiture of the computer media used to manufacture the counterfeit notes, and payment of restitution to any victims he defrauded.
According to court documents, in late July 2017, law enforcement officers received information that Langford was manufacturing counterfeit Federal Reserve notes at a hotel in Jacksonville. On July 25, 2017, U.S. Secret Service agents surveilled the hotel room and observed Langford and two others leave the room. Langford and one of the individuals discarded full trash bags by the hotel’s trash area. A search of the bags revealed several uncut sheets of wadded paper with printed images of counterfeit $20 bills.
Later that day, agents observed Langford leave the room and exit the hotel parking lot. Surveillance teams observed him driving erratically, cutting across three lanes of traffic, speeding, entering an intersection, and then making a sudden U-turn. Law enforcement initiated a traffic stop and during a search of Langford, multiple counterfeit $20 Federal Reserve notes were recovered from his wallet. A subsequent search of Langford’s hotel room revealed numerous counterfeit notes and the computer media used to manufacture them, along with chemicals commonly used to remove the ink from genuine bills during the counterfeiting process.
This case was investigated by the U.S. Secret Service - Jacksonville Field Office and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
21st Century Oncology to Pay $26 Million to Settle False Claims Act AllegationsRead the Press Release
21st Century Oncology Inc. and certain of its subsidiaries and affiliates have agreed to pay $26 million to the government to resolve a self-disclosure relating to the submission of false attestations regarding the company’s use of electronic health records software and separate allegations that they violated the False Claims Act by submitting, or causing the submission of, claims for certain services provided pursuant to referrals from physicians with whom they had improper financial relationships.
“The Justice Department is committed to zealously investigating improper financial relationships that have the potential to compromise physicians’ medical judgment,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “However, we will work with companies that accept responsibility for their past compliance failures and promptly take corrective action.”
21st Century Oncology, which is headquartered in Fort Myers, Florida, owns and operates subsidiaries and affiliates throughout the United States that provide integrated cancer care. As part of its business, 21st Century Oncology’s subsidiaries and affiliates employ physicians in specialty fields such as radiation oncology, medical oncology, and urology.
The settlement announced today resolves conduct that was self-disclosed by the company regarding payments made by the government as part of the Medicare Electronic Health Records (EHR) Incentive Program. Under the Medicare EHR Incentive Program, physicians who attest to their meaningful use of certified EHR technology may receive incentive payments and avoid downward adjustments to certain Medicare claims. As part of its self-disclosure, 21st Century Oncology reported that it knowingly submitted, or caused the submission of, false attestations to CMS concerning employed physicians’ use of EHR software. The company further reported that, in support of the attestations, its employees falsified data regarding the company’s use of EHR software, fabricated software utilization reports, and superimposed EHR vendor logos onto the reports to make them look legitimate.
“This settlement represents our office’s continued commitment to ensuring compliance with important federal health care laws,” said Acting U.S. Attorney Stephen Muldrow of the Middle District of Florida. “We appreciate that 21st Century Oncology self-reported a major fraud affecting Medicare, and we are also pleased that the company has agreed to accept financial responsibility for past compliance failures.”
The settlement also resolves the government’s allegations regarding violations of the physician self-referral law (commonly referred to as the “Stark Law.”) The Stark Law prohibits an entity from submitting claims to Medicare for designated health services performed pursuant to referrals from physicians with whom the entity has a financial relationship unless certain designated exceptions apply. The government alleged that 21st Century Oncology and certain of its subsidiaries and affiliates violated the FCA by submitting, or causing the submission of, claims for services performed pursuant to referrals from physicians whose compensation did not satisfy any exception to the Stark Law.
The Stark Law allegations were originally brought in a lawsuit filed by Matthew Moore, 21st Century Oncology’s former Interim Vice President of Financial Planning, under the qui tam provisions of the False Claims Act. Under the Act, private parties may bring suit on behalf of the government and share in any recovery. Mr. Moore will receive $2,000,000 as his share of the recovery associated with the Stark Law allegations.
In addition to the civil settlement, 21st Century Oncology has entered into a new five-year Corporate Integrity Agreement with the Office of Inspector General of the United States Department of Health and Human Services (HHS-OIG), which obligates 21st Century Oncology to undertake substantial internal compliance reforms, including hiring independent review organizations to conduct annual claims and arrangements reviews.
“21st Century Oncology admitted to causing violation of the meaningful use regulations in order to fund an electronic health records system, as well as falsifying records to cover up those actions,” said Shimon R. Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Separately, the government alleged that same company, through its affiliates and subsidiaries, caused certain physicians to enter into illegal financial arrangements. Providers engaging in similar behavior should expect attention from OIG.”
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. 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 900-HHS-TIPS (800-447-8477).
The investigation was handled by the Civil Division’s Commercial Litigation Branch and the Fort Myers Division of the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the U.S. Attorney’s Office for the Southern District of New York and HHS-OIG. The claims resolved by this settlement are allegations only; there has been no determination of liability. The case is captioned United States ex rel. Moore v. 21st Century Oncology, LLC, No. 2:16-cv-99 (M.D. Fl.).
21st Century Oncology to Pay $26 Million to Settle False Claims Act AllegationsRead the Press Release
Fort Myers, FL – 21st Century Oncology Inc. and certain of its subsidiaries and affiliates have agreed to pay $26 million to the government to resolve a self-disclosure relating to the submission of false attestations regarding the company’s use of electronic health records software and separate allegations that they violated the False Claims Act by submitting, or causing the submission of, claims for certain services provided pursuant to referrals from physicians with whom they had improper financial relationships.
“The Justice Department is committed to zealously investigating improper financial relationships that have the potential to compromise physicians’ medical judgment,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “However, we will work with companies that accept responsibility for their past compliance failures and promptly take corrective action.”
21st Century Oncology, which is headquartered in Fort Myers, Florida, owns and operates subsidiaries and affiliates throughout the United States that provide integrated cancer care. As part of its business, 21st Century Oncology’s subsidiaries and affiliates employ physicians in specialty fields such as radiation oncology, medical oncology, and urology.
The settlement announced today resolves conduct that was self-disclosed by the company regarding payments made by the government as part of the Medicare Electronic Health Records (EHR) Incentive Program. Under the Medicare EHR Incentive Program, physicians who attest to their meaningful use of certified EHR technology may receive incentive payments and avoid downward adjustments to certain Medicare claims. As part of its self-disclosure, 21st Century Oncology reported that it knowingly submitted, or caused the submission of, false attestations to CMS concerning employed physicians’ use of EHR software. The company further reported that, in support of the attestations, its employees falsified data regarding the company’s use of EHR software, fabricated software utilization reports, and superimposed EHR vendor logos onto the reports to make them look legitimate.
“This settlement represents our office’s continued commitment to ensuring compliance with important federal health care laws,” said Acting U.S. Attorney Muldrow. “We appreciate that 21st Century Oncology self-reported a major fraud affecting Medicare, and we are also pleased that the company has agreed to accept financial responsibility for past compliance failures.”
The settlement also resolves the government’s allegations regarding violations of the physician self-referral law (commonly referred to as the “Stark Law.”) The Stark Law prohibits an entity from submitting claims to Medicare for designated health services performed pursuant to referrals from physicians with whom the entity has a financial relationship unless certain designated exceptions apply. The government alleged that 21st Century Oncology and certain of its subsidiaries and affiliates violated the FCA by submitting, or causing the submission of, claims for services performed pursuant to referrals from physicians whose compensation did not satisfy any exception to the Stark Law.
The Stark Law allegations were originally brought in a lawsuit filed by Matthew Moore, 21st Century Oncology’s former Interim Vice President of Financial Planning, under the qui tam provisions of the False Claims Act. Under the Act, private parties may bring suit on behalf of the government and share in any recovery. Mr. Moore will receive $2,000,000 as his share of the recovery associated with the Stark Law allegations.
In addition to the civil settlement, 21st Century Oncology has entered into a new five-year Corporate Integrity Agreement with the Office of Inspector General of the United States Department of Health and Human Services (HHS-OIG), which obligates 21st Century Oncology to undertake substantial internal compliance reforms, including hiring independent review organizations to conduct annual claims and arrangements reviews.
“21st Century Oncology admitted to causing violation of the meaningful use regulations in order to fund an electronic health records system, as well as falsifying records to cover up those actions,” said Shimon R. Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Separately, the government alleged that same company, through its affiliates and subsidiaries, caused certain physicians to enter into illegal financial arrangements. Providers engaging in similar behavior should expect attention from OIG.”
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. 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 900-HHS-TIPS (800-447-8477).
The investigation was handled by Trial Attorney Kristen Murphy from the Department of Justice Civil Division's Commercial Litigation Branch and Assistant United States Attorney Kyle S. Cohen from the Fort Myers Division of the United States Attorney's Office for the Middle District of Florida, with assistance from the Department of Health and Human Services Office of Inspector General and the United States Attorney's Office for the Southern District of New York. The claims resolved by this settlement are allegations only; there has been no determination of liability. The case is captioned United States ex rel. Moore v. 21st Century Oncology, LLC, No. 2:16-cv-99 (M.D. Fl.).
Federal Jury Finds Armed Career Criminal Guilty on Firearm and Ammunition ChargesRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Michael Moore (36, Sarasota) guilty of possessing a firearm and ammunition as a convicted felon. He faces a minimum mandatory term of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for March 7, 2018.
Moore was indicted on July 18, 2017.
According to evidence presented at trial, on May 28, 2017, Moore had an altercation with his girlfriend during which he removed her loaded firearm from underneath the driver’s seat of her car. When Moore’s girlfriend reported him to the police for stealing her loaded firearm, he hid the weapon at a friend’s house. After his girlfriend agreed to drop the gun report against him, Moore retrieved the loaded firearm and returned it to her. As a previously convicted felon, he is 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 is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Michael Baggé-Hernández.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Former State Representative Sentenced to Federal Prison on Fraud ChargesRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced former Florida House of Representatives member Dwayne L. Taylor (50, Daytona Beach) to 13 months in federal prison for wire fraud. The Court also ordered him to pay $62,834.55 in restitution and to serve 18 months of supervised release.
On August 31, 2017, a federal jury found Taylor guilty of nine counts of wire fraud.
According to evidence presented at trial, during Taylor’s 2012 and 2014 re-election campaigns, he falsely reported thousands of dollars of expenditures to the State of Florida in order to conceal his misappropriation of over $60,000 in campaign funds through a series of unreported cash withdrawals, checks written to himself, and checks written to petty cash. Taylor then used the misappropriated funds for personal expenditures unrelated to his re-election campaigns.
According to Florida law, all campaign contributions and expenditures must be reported to the State of Florida, and neither a candidate nor the spouse of any candidate may use funds deposited in a campaign account to defray normal living expenses for the candidate or the candidate’s family, other than expenses actually incurred for transportation, meals, and lodging during travel in the course of the campaign.
"Corrupt public officials undermine the integrity of our government and violate the public’s trust," said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. "This case is another example of the FBI's commitment to rooting out public corruption for the people of Florida."
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Embry J. Kidd and Roger B. Handberg.
Federal Jury Finds Former Live Oak Police Sergeant Guilty of Producing and Possessing Child PornographyRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Kyle Adam Kirby (37, Live Oak) guilty of producing, attempting to produce, possessing, and accessing child pornography. He faces a minimum mandatory penalty of 15 years, up to 120 years, in federal prison and a potential life term of supervised release. Kirby was arrested on October 28, 2015, and has remained in custody since that time. A sentencing hearing has not yet been set.
According to testimony and evidence presented at trial, on October 22, 2015, FBI agents and other law enforcement officers executed a federal search warrant at Kirby’s residence as a result of an online child exploitation investigation. At that time, Kirby was a police sergeant with the Live Oak Police Department (LOPD). That same morning, the LOPD police 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 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 F.B.I, 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 is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Brevard County Man Sentenced to More Than 17 Years for Distributing Crystal Methamphetamine and Possessing A FirearmRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced James Arthur Van Meerten (35, Palm Bay) to 17 years and 6 months in federal prison for conspiracy to distribute methamphetamine and for possessing a firearm in furtherance of a drug trafficking crime. He pleaded guilty on September 7, 2017.
According to court documents, from February 2016 through his arrest on April 27, 2017, Van Meerten entered into an agreement with several individuals whereby he would purchase large amounts of crystal methamphetamine from an out-of-state supplier and then resell the drugs. Some of the individuals who purchased the drugs resold them to their own customers for profit. As part of this investigation, law enforcement seized more than 1.8 kilograms of crystal methamphetamine containing an average purity of 99.5%. At the time of his arrest, Van Meerten possessed a firearm while attempting to distribute a large amount of the drugs.
This case was investigated by the Drug Enforcement Administration and the Palm Bay Police Department. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Tampa Man Pleads Guilty for Role in “Ghost” Employee and Credit Line ScamsRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that Rany Smith (48, Tampa), a/k/a “Abdelmajid Wahbi,” has pleaded guilty to conspiracy to commit mail and wire fraud and aggravated identity theft. He faces a maximum penalty of 22 years in federal prison. A sentencing date has not yet been set. As part of his plea agreement, Smith is required to pay restitution to his victims and forfeit at least $93,586.65 in ill-gotten gains traceable to the offenses.
According to the
plea agreement , Smith, originally from Morocco, stole the identities of other immigrants and used them to carry out a variety of fraud schemes throughout Florida. In 2016, Smith was convicted of public benefits fraud in federal court (Boston, MA) and was sentenced to probation. He then moved to Tampa and obtained employment as a manager of a local franchise using the name of another North African immigrant to hide his felony record. As a manager of the franchise, Smith put several fictitious employees on the business’s payroll and collected their wages for months.Smith pursued a similar scheme in south Florida where he was hired as a manager of a business in Delray Beach, again using a stolen identity to hide his criminal past. He then hired multiple co-conspirators who, while real employees, fraudulently received extra wages due to Smith regularly inflating their hours in the business’s time clock management system.
In separate scheme, Smith used a variety of other identities stolen from North African immigrants to take out lines of credit from various Florida retailers and online merchants. He then financed tens of thousands of dollars in purchases from these vendors and had the merchandise shipped to his Tampa address and to those of his co-conspirators. Smith never repaid any of these debts.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations’ National Security Division, the United States Air Force Office of Special Investigations, and the Pasco Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Eric K. Gerard.
Orthopedist and Former Anesthesiologist Sentenced for Drug Conspiracy and Alien Smuggling ChargesRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Fred Joseph Turner (60, Sarasota) and Rosetta Valerie Cannata (61, Osprey) to 12 years and 7 months in federal prison for conspiring to dispense controlled substances for no legitimate medical purpose and outside the usual course of medical practice, dispensing controlled substances, and conspiring to smuggle an alien into the United States. As part of the sentences, the Court also entered a $232,020 money judgment against Turner, and a $73,148 money judgment against Cannata, representing the proceeds of the charged criminal conduct. A federal jury found them guilty on July 20, 2017.
According to court documents, from March 2011 through July 2015, Turner, an orthopedist, and Cannata, a former anesthesiologist, operated Gulfshore Pain and Wellness Centre, a pain management clinic with offices in Tampa and Punta Gorda. Turner and Cannata rarely conducted physical or diagnostic examinations of their patients and ignored results of patient drug screens when they prescribed excessive amounts of opiates, including oxycodone, hydrocodone, hydromorphone, and morphine.
During the investigation, several law enforcement officers entered the clinic in undercover capacities as patients. On one occasion, Turner and Cannata asked the undercover agent to smuggle a Hungarian national into the United States. In return, Turner prescribed the agent an increased amount of oxycodone and hydromorphone, and Cannata paid him $5,000 in cash. To justify the increase in prescribed medication, Turner and Cannata instructed the agent to fabricate an injury and walked him through the process of falsifying his patient history.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorneys Carlton C. Gammons and Taylor G. Stout.
Jacksonville Man Charged with Illegal Possession of A SilencerRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces the arrest and filing of a criminal complaint charging Bernandino Gawala Bolatete (69, Jacksonville) with knowingly receiving and possessing a silencer not registered to him in the National Firearms Registration and Transfer Record. If convicted, he faces a maximum penalty of 10 years in federal prison.
According to the
criminal complaint , on November 27, 2017, Bolatete asked for assistance in purchasing a firearm silencer from an undercover detective from the Jacksonville Sheriff’s Office. Bolatete specified that, to avoid government scrutiny, he did not want any paperwork associated with the sale. On December 1, 2017, Bolatete took possession of a silencer after the undercover detective sold it to him for $100 and he was subsequently arrested.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 Jacksonville Sheriff’s Office, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Florida Department of Law Enforcement. Substantial assistance was provided by the Office of the State Attorney for the Fourth Judicial Circuit. It will be prosecuted by Assistant United States Attorney Michael J. Coolican and Trial Attorney Maura White of the Civil Rights Division of the Department of Justice.
Former U.S. Congresswoman Corrine Brown and Two Others Sentenced to Prison for Fraud Scheme Involving Bogus Non-Profit Scholarship CharityRead the Press Release
Former U.S. Congresswoman Corrine Brown was sentenced to five years in prison today in federal court in Jacksonville, Florida for her role in a conspiracy and fraud scheme involving a sham scholarship charity.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney W. Stephen Muldrow of the Middle District of Florida, Special Agent in Charge Charles P. Spencer of the FBI’s Jacksonville, Florida Division and Chief Don Fort of the Internal Revenue Service Criminal Investigation (IRS-CI) made the announcement.
“Corrine Brown abused her position as a Member of Congress by defrauding charitable donors who wanted to help underprivileged young men and women receive a quality education,” said Acting Assistant Attorney General Cronan. “Instead of helping those deserving students, Brown used the contributions she solicited to finance a personal slush fund to support her lavish lifestyle. The Criminal Division is committed to helping root out such fraud wherever we find it.”
“I am proud of the exceptional work of the special agents, analysts and support personnel who spent countless hours following the money trail in this case,” said Special Agent in Charge Spencer. “Their work is some of the most complex, tedious, and significant work we do for the American public. Rooting out public corruption is a priority for which the FBI will continue to dedicate the resources necessary to investigate, because the impact on everyday people is real. We thank our law enforcement partners at the Criminal Division’s Public Integrity Section, IRS-CI and U.S. Attorney’s Office for their efforts to hold Brown and her associates accountable for their inexcusable actions.”
“For years Corrine Brown banked on the slogan ‘Corrine Delivers’,” said Assistant Special Agent in Charge Shawn Batsch of IRS-CI. “In this case, that’s precisely what she did: she banked entirely on herself when she delivered charitable donations to her own pockets. Having built a lifelong reputation of helping others, she ultimately failed her constituents by fraudulently helping herself to contributions meant for underprivileged children. She also let them down by selfishly neglecting her duty to pay an honest tax.”
U.S. District Court Judge Timothy J. Corrigan sentenced Brown to serve 60 months in prison; Brown’s long-time Chief of Staff Elias “Ronnie” Simmons to serve 48 months in prison; and Carla Wiley, the president of the fraudulent charity, to serve 21 months in prison.
Brown, 71, of Jacksonville, was convicted by a federal jury on May 11, on 18 counts of an indictment charging her with participating in a mail and wire fraud conspiracy and scheme, concealing material facts on required financial disclosure forms, obstructing the due administration of the internal revenue laws and filing false tax returns.
Brown’s co-conspirators — Simmons, 51, of Laurel, Maryland and Wiley, 55, of Leesburg, Virginia — previously pleaded guilty to their roles in the education charity scheme on Feb. 8, and March 3, 2016, respectively. Brown and Wiley were ordered by Judge Corrigan to forfeit $654,292.39, and Simmons was ordered to forfeit $727,964.90. All three defendants were ordered to pay total restitution of $452,515.87 to victims of the fraud scheme. Brown was ordered to pay an additional $62,650.99 in restitution to the IRS, and Simmons was ordered to pay an additional $91,621.38 in restitution to the U.S. House of Representatives.
Evidence at trial showed that between late 2012 and early 2016, Brown, Simmons and Wiley participated in a conspiracy and fraud scheme involving One Door for Education – Amy Anderson Scholarship Fund (One Door) in which the defendants and others acting on their behalf solicited more than $800,000 in charitable donations based on false representations that the donations would be used for college scholarships and school computer drives, among other charitable causes. Testimony by One Door donors established that Brown and her coconspirators solicited donations from individuals and corporate entities that Brown knew by virtue of her position in the U.S. House of Representatives. Many of the donors were led to believe that One Door was a properly registered 501(c)(3) non-profit organization, when, in fact, it was not.
Contrary to Brown’s representations, Brown, Simmons, Wiley and others used the vast majority of One Door donations for their personal and professional benefit, including tens of thousands of dollars in cash deposits that Simmons made to Brown’s personal bank accounts, according to trial evidence. In one instance, Simmons deposited $2,100 of One Door funds into Brown’s personal bank account the same day that Brown paid $2,057 to the IRS for taxes she owed. In another instance, Brown and a close relative used the proceeds of a $3,000 One Door check referencing “children summer camps” in the memo line for their personal benefit. Likewise, trial evidence showed Brown and Simmons used the outside consulting company of one of Brown’s employees to funnel One Door funds to Brown and others for their personal use.
Trial evidence also showed that more than $300,000 in One Door funds were used to pay for events hosted by Brown or held in her honor, including a golf tournament in Ponte Vedra Beach, Florida; lavish receptions during an annual conference in Washington, D.C.; the use of a luxury box during a Beyoncé concert in Washington, D.C.; and the use of a luxury box during an NFL game in the Washington, D.C., area. According to trial evidence, despite raising over $800,000 in donations, One Door was associated with only two scholarships totaling $1,200 that were awarded to students to cover expenses related to attending a college or university.
Additionally, trial evidence established that Brown engaged in a scheme to conceal reportable income she received from One Door, and from other sources, on annual financial disclosure forms she was required to file with the U.S. House of Representatives. Evidence at trial further showed that Brown failed to report on her personal tax returns for tax years 2009 through 2014 income derived from over $160,000 in cash deposited into her bank accounts, and claimed false deductions for purported charitable donations to One Door, as well as to local churches and non-profit organizations in the Jacksonville area, that Brown never made.
As part of his earlier guilty plea, Simmons separately admitted that he misused his position as Brown’s chief of staff to obtain congressional employment for a close relative, who received over $735,000 in government salary payments between 2001 and early 2016 despite performing no known work for the U.S. House of Representatives. Between 2009 and late 2015, Simmons admitted that he diverted over $80,000 of the relative’s government salary for his personal benefit, including through transfers to his personal bank accounts, payments on his personal credit cards and loan payments on his boat.
The FBI and IRS-CI investigated the case. Former Deputy Chief Eric G. Olshan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys A. Tysen Duva and Michael J. Coolican of the Middle District of Florida prosecuted the case.
Former U.S. Congresswoman Corrine Brown and Conspirators Sentenced to Federal PrisonRead the Press Release
Jacksonville, FL – United States District Judge Timothy J. Corrigan today sentenced former U.S. Congresswoman Corrine Brown (71, Jacksonville) to 5 years in federal prison for her role in a conspiracy and fraud scheme involving a fraudulent scholarship charity. She also was ordered to serve 3 years of supervised release and to pay $515,166.86 in restitution to her victims, including $62,650.99 in tax restitution.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney W. Stephen Muldrow of the Middle District of Florida, Special Agent in Charge Charles P. Spencer of the FBI’s Jacksonville, Florida, Division, and Chief Don Fort of the Internal Revenue Service-Criminal Investigation (IRS-CI) made the announcement.
On May 11, 2017, Brown was convicted by a federal jury on 18 counts of an indictment charging her with participating in a conspiracy involving a fraudulent education charity, concealing material facts in required financial disclosure forms, obstructing the due administration of internal revenue laws, and filing false tax returns. The jury also found her guilty of violating the Ethics in Government Act by concealing certain income in required annual financial disclosure forms she had submitted to the U.S. House of Representatives.
Brown’s co-conspirators, Elias “Ronnie” Simmons (51, Laurel, Maryland), Brown’s long-time Chief of Staff, and Carla Wiley (55, Leesburg, Virginia), the president of the fraudulent charity, previously pleaded guilty to their roles in the education charity scheme and were also sentenced today. Simmons was sentenced to 48 months in federal prison and 3 years of supervised release. Wiley was sentenced to 21 months' imprisonment. Simmons and Wiley were ordered to pay $544,137.25 and $452,515.87 in restitution, respectively.
Evidence at trial showed that between late 2012 and early 2016, Brown participated in a conspiracy and fraud scheme involving One Door for Education – Amy Anderson Scholarship Fund (One Door) in which the Brown, Simmons, Wiley, and others acting on their behalf solicited more than $800,000 in charitable donations based on false representations that the donations would be used for college scholarships and school computer drives, among other charitable causes. Testimony by One Door donors showed that Brown and her coconspirators had solicited donations from individuals and corporate entities that Brown knew by virtue of her position in the U.S. House of Representatives. Many of the donors were led to believe that One Door was a properly registered 501(c)(3) non-profit organization when, in fact, it was not.
Contrary to Brown’s representations, Brown, Simmons, Wiley, and others used the vast majority of One Door donations for their personal and professional benefit, including tens of thousands of dollars in cash deposits that Simmons made to Brown’s personal bank accounts, according to trial evidence. Likewise, trial evidence showed that Brown and Simmons had used the outside consulting company of one of Brown’s employees to funnel One Door funds to Brown and others for their personal use.
Trial evidence also showed that more than $300,000 in One Door funds had been used to pay for events hosted by Brown or held in her honor, including a golf tournament in Ponte Vedra Beach, Florida; lavish receptions during an annual conference in Washington, D.C.; the use of a luxury box during a concert in Washington, D.C.; and the use of a luxury box during an NFL game in the Washington, D.C. area. According to trial evidence, despite raising over $800,000 in donations, One Door granted only two scholarships totaling $1,200 to cover expenses related to attending a college or university.
Additionally, trial evidence demonstrated that Brown had failed to disclose, among other things, the reportable income she had received from One Door and had claimed deductions on her tax returns based on false statements that she had made certain donations to One Door, as well as to local churches and non-profit organizations in the Jacksonville area.
The FBI and IRS-CI investigated the case. Assistant U.S. Attorneys A. Tysen Duva and Michael J. Coolican of the Middle District of Florida and former Deputy Chief Eric G. Olshan of the Criminal Division’s Public Integrity Section prosecuted the case.
Texas Man Wanted by Federal Authorities Pleads Guilty to Credit Card FraudRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that Jose Carlos Terra Izquierdo (23, Amarillo, TX) has pleaded guilty to credit card fraud. He faces an enhanced penalty of up to 20 years in federal prison and has agreed to forfeit his computer media and to pay restitution to his victims. A sentencing date has not yet been set.
According to court documents, in 2016, Izquierdo was convicted of credit card fraud in the District of Nebraska. He was scheduled to turn himself in and begin his prison sentence in March 2017, but instead traveled to Florida in violation of his conditions of release. Federal authorities in Nebraska subsequently issued a warrant for his arrest. On March 2, 2017, Izquierdo was pulled over in Columbia County by the Florida Highway Patrol for an expired Texas tag. During a subsequent search of the vehicle, troopers located a credit card reader and stolen credit card information belonging to more than 50 victims. He faces the enhanced penalty as a result of his prior fraud conviction.
This case was investigated by the Florida Highway Patrol and the U.S. Secret Service - Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Sarasota Physician Agrees to Pay $1.95 Million to Resolve False Claims Act Allegations Regarding Unnecessary UltrasoundsRead the Press Release
Tampa, FL – Acting United States Attorney W. Stephen Muldrow announces that Dr. Arthur S. Portnow, the owner and operator of Arthur S. Portnow, P.A., d/b/a Apple Medical and Cardiovascular Group, d/b/a Apple Medical Group (collectively, Dr. Portnow) has agreed to pay $1.95 million to resolve allegations that he and his practice violated the False Claims Act by knowingly seeking reimbursement for medically unnecessary ultrasound tests that were performed on Medicare beneficiaries.
The government alleges that from August 2009 through August 2017, Dr. Portnow submitted fraudulent claims to Medicare for the evaluation and performance of medically unnecessary carotid ultrasounds, lower extremity arterial ultrasounds, abdominal aortic ultrasounds, renal and renal artery ultrasounds, and echocardiograms. The government also alleges that Dr. Portnow falsified patient records in an effort to justify those unnecessary ultrasounds. Dr. Portnow and his practice received hundreds of thousands of dollars as a result of this illicit testing.
“Fraudulently billing the government for medically unnecessary tests deprives federal health care programs, like Medicare, of valuable resources,” said Acting U.S. Attorney Muldrow. “This settlement is evidence that our office will continue to pursue those who seek to unlawfully exploit our nation’s federal health care programs at the expense of patients and the Federal Treasury."
“Physicians who seek to boost their profits by charging taxpayers and patients for medically unnecessary tests will be thoroughly investigated,” said Special Agent in Charge Shimon R. Richmond of the U.S. Health and Human Services, Office of the Inspector General. “Working in coordination with our law enforcement partners, we will continue to pursue health care professionals who threaten the integrity of Federal health care programs."
In addition to paying the $1.95 million, as part of the settlement, Dr. Portnow has also agreed to enter into an integrity agreement with the Inspector General of the U.S. Department of Health and Human Services.
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by a former employee (Kathleen Siwicki) of Dr. Portnow’s practice. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act that permits private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action. Ms. Siwicki will receive roughly $350,000 of the proceeds of the settlement with Dr. Portnow.
The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477). The case is captioned United States, et al. ex rel. Siwicki v. Arthur S. Portnow, M.D., et al., Case No. 8:15-cv-987-T-27MAP. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only and there has been no determination of liability.
This settlement was the result of a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida and the HHS-OIG. It was handled by Assistant United States Attorney Christopher Tuite.
Podiatrists Plead Guilty to FraudRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that William Danzeisen (60, Ponte Vedra Beach), a licensed podiatrist, and Sachin Brahmbhatt (37, Jacksonville), an unlicensed podiatrist, have pleaded guilty to theft of government property. Each faces a maximum penalty of 10 years in federal prison. The sentencing hearings have been set for January 30, 2018.
According to the plea agreement, Danzeisen and Brahmbhatt owned and operated Nourish Foot Care, a medical spa and mobile podiatric service that provided podiatry services to residents of long-term care facilities across northeast Florida. They defrauded Medicare by billing for medical services not rendered by a licensed podiatrist. Since Brahmbhatt was an unlicensed podiatrist, he was unable to bill Medicare. Danzeisen billed Medicare representing that he had performed podiatry care when the care had been provided by Brahmbhatt. Since 2015, $121,537.50 in false and fraudulent claims were submitted to Medicare.
This case was investigated by U.S. Health and Human Services – Office of Inspector General. It was prosecuted by Assistant United States Attorney Jay Taylor.
Parrish Man Sentenced to Prison for Retaliating Against A Federal Judge by Attempting to File A False LienRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Wayne St. Aubyn Smith (50, Parrish), a/k/a Wayne Smith El-Bey, to 3 years and 10 months in federal prison for attempting to file a false lien against a federal judge. A federal jury found him guilty on July 19, 2017.
According to testimony and evidence presented at trial, in May 2015, Smith filed a lawsuit against several New Jersey officials in U.S. District Court in New Jersey, claiming that his constitutional rights had been violated. However, Smith failed to pay the fee required to file a lawsuit in federal court. United States District Judge Jose L. Linares was assigned to the case. Judge Linares issued an order instructing Smith on how to file for indigent status to waive his filing fee and dismissed the lawsuit without prejudice. After several rounds of filings claiming that Judge Linares was violating his constitutional rights, Judge Linares denied Smith’s motion to proceed in forma pauperis.
On December 21, 2016, Smith attempted to record three separate liens against several individuals at the Manatee County Clerk’s Office. One of the documents claimed that Judge Linares owed Smith $750,000 for violating his constitutional rights. Furthermore, Smith claimed an interest in all of Judge Linares’s real and personal property and his checking and savings accounts up to the amount of $750,000. The other two documents were liens totaling more than $1 million against the State of Florida and several New Jersey government officials. The clerk’s office refused to record the documents.
This case was investigated by the Federal Bureau of Investigation and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Shauna S. Hale and Michael Gordon.
Leesburg Men Convicted in Armed Carjacking CaseRead the Press Release
Ocala, FL – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Avery Leanard Tumer (23, Leesburg) guilty of carjacking, conspiracy to commit carjacking, brandishing a firearm in furtherance of a crime of violence, and possessing a firearm as a convicted felon. He faces a maximum penalty of 37 years in federal prison, including a 7-year minimum mandatory penalty for brandishing the firearm. In a separate trial, the same jury previously found Timotheus Gersom Reed (30, Leesburg) guilty of conspiracy to commit carjacking and brandishing a firearm in furtherance of a crime of violence. He faces a maximum sentence of 12 years’ imprisonment, including a 7-year minimum mandatory penalty. The sentencing hearings are scheduled for February 21, 2017.
According to evidence presented during the trials, on the evening of December 23, 2016, Tumer and Reed, along with co-defendants Jonathan Kyle Lanier and Amy Denise Scott, conspired to rob an individual of his money, other personal items, and his car by arranging a meeting at a remote location between the victim and Scott. The victim believed he was going to the meet the woman only; however, shortly after he arrived, Lanier, Tumer, and Reed pulled the victim from his car and stole his wallet and other personal property. During the robbery, the three men wore masks and pointed firearms at the victim; Turner later pistol-whipped the victim and took his car while Scott left in her car with Reed and Lanier.
Later that evening, Tumer and Scott were arrested by the Lake County Sheriff’s Office after the victim’s car was located outside an apartment where the two had stayed together. Inside the apartment, deputies found the victim’s identification, cell phones, and debit card. Multiple firearms were recovered from the attic, where Tumer had been hiding.
On November 15, 2017, a separate federal jury found Lanier (24, Leesburg) guilty of carjacking, conspiracy to commit carjacking, brandishing a firearm in furtherance of a crime of violence, and possessing a firearm as a convicted felon.
He faces up to 37 years in federal prison, including a 7-year minimum mandatory penalty. A sentencing date has not yet been set.
On May 9, 2017, Scott (32, Leesburg) pleaded guilty to conspiracy to commit carjacking. She faces a maximum penalty of five years in federal prison; her sentencing hearing is set for December 15, 2017.
This case was investigated by the Federal Bureau of Investigation (Daytona Beach Office), the Lake County Sheriff’s Office, and the Leesburg Police Department. It is being prosecuted by Assistant United States Attorney Dale Campion.
Tax Fraud Fugitive Sentenced to over Eight Years for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Everett Taylor to eight years, six months in federal prison for theft of government funds and aggravated identify theft. The Court also ordered him to forfeit real property located in Tampa, which is traceable to the offenses. In addition, the Court entered a money judgment in the amount of $124,521, the proceeds of the charged criminal conduct.
Everett Taylor pleaded guilty on July 3, 2017.
According to court documents, Taylor and his brother, Robert Earl Taylor, were involved in a scheme to file false and fraudulent income tax returns with the Internal Revenue Service (IRS) in order to generate large refunds. The investigation revealed that the IRS had received fraudulent tax returns and had issued refunds totaling $304,411.24 based on fraudulent tax filings in the amount of $575,884.24. Pending trial, Everett Taylor was released from detention and ordered to home confinement and electronic monitoring. In June 2015, he removed his electronic monitoring device and fled from pretrial release. He remained a fugitive until mid-2017.
In January 2015, Robert Earl Taylor was sentenced to eight months of home detention for conspiracy to commit wire fraud, theft of government property, and making fraudulent claims to the Department of the Treasury.
This case was investigated by the Internal Revenue Service – Criminal Investigation and U.S. Secret Service. It was prosecuted by Assistant United States Attorneys Adam M. Saltzman and Sara C. Sweeney.
Tampa Couple Sentenced to Life and 40 Years in Prison for Sexually Abusing 7-Year-Old ChildRead the Press Release
Tampa, Florida – U.S. District Judge Virginia Hernandez Covington today sentenced Richmond Joseph McDonald (40, Tampa) and Shauna Maryann Boselli (25, Tampa) to life, and 40 years in federal prison, respectively, for enticement of a minor to engage in sexually explicit conduct. McDonald and Boselli previously pleaded guilty.
According to court documents, McDonald and his wife, Boselli, engaged in sexual activity with a 7-year-old girl, with the consent of her relative. McDonald and Boselli engaged in explicit conversation, via the Internet and text messages, with the minor’s relative regarding sexual acts with the child victim.
On July 19, 2016, the child’s relative brought the child to Tampa to meet McDonald and Boselli for the purpose of all three engaging in sex acts with the victim. The relative took the child to the Lowry Park Zoo in Tampa, where they met with McDonald and Boselli. After spending time at the zoo and taking the child for ice cream, McDonald and Boselli led the relative and the child to their house in Tampa. While at the house, McDonald and Boselli sexually abused the child while the relative watched. Afterwards, the relative and the child returned to their hotel in Tampa. On July 21, 2016, McDonald and Boselli met with the relative and child at their hotel, where couple engaged in multiple sex acts with the victim.
Federal agents with Homeland Security Investigations executed a federal search warrant at the defendants’ residence and seized numerous electronic devices and the vehicle that McDonald and Boselli had used in the commission of the offense. A forensic analysis on all of the devices revealed that McDonald was in possession of over 1,300 child-pornographic images, including images and videos of the child victim performing sex acts.
The victim’s relative was prosecuted in federal court, in Orlando, and was previously sentenced to 75 years in prison.
“These crimes are tragic and heart breaking beyond comprehension,” said HSI Tampa Special Agent in Charge James C. Spero. “Our greatest hope is that putting this predatory couple behind bars can help this young girl in her recovery process.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorneys Lisa M. Thelwell and Josephine W. Thomas.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former WellCare General Counsel Sentenced for False Statements to the Florida Medicaid ProgramRead the Press Release
Tampa, FL – U.S. District Judge James S. Moody, Jr. today sentenced former WellCare General Counsel, Thaddeus M.S. Bereday (52, Tampa), to six months in federal prison, followed by a three-year term of supervised release that includes one year of home confinement, for making a false statement to the Florida Medicaid Program. The Court also ordered him to pay a $50,000 fine.
Bereday pleaded guilty on June 26, 2017.
A federal grand jury in the Middle District of Florida returned an indictment on March 2, 2011, charging five former WellCare Health Plans, Inc. (“WellCare”) executives (Todd S. Farha, Paul L. Behrens, William L. Kale, Peter E. Clay, and Bereday) with four counts of healthcare fraud, four counts of making false statements relating to healthcare matters, and conspiracy to commit those crimes and defraud the United States. In addition, Clay was charged with two counts of making false statements. The fraud counts alleged that Bereday and his co-defendants had executed and attempted to execute both a scheme to defraud the Florida Medicaid Program through Florida’s Agency for Health Care Administration (“AHCA”), and a scheme to obtain, by means of false and fraudulent pretenses and representations, money under the custody or control of the program.
WellCare operates health maintenance organizations (AHMOs@) in several states targeted to government-sponsored health care benefit programs like Medicaid. Two WellCare HMOs operating in Florida, StayWell and Healthease, contracted with the AHCA to provide Florida Medicaid Program recipients with an array of services, including behavioral health services.
In 2002, the State of Florida enacted a statute requiring Florida Medicaid HMOs to expend 80% of the Medicaid premiums paid for certain behavioral health services on the provision of those services. If the HMO expended less than 80% of the premiums, the difference was required to be returned to the AHCA. The defendants in this case falsely and fraudulently schemed to submit inflated expenditure information in the company's annual reports to the AHCA in order to reduce the WellCare HMOs= contractual payback obligations for behavioral health care services.
A federal jury found Bereday’s co-defendants guilty on June 10, 2013. For their respective roles in the scheme, in May 2014, Judge Moody sentenced Farha to 36 months in prison; Behrens to 24 months’ imprisonment; and Kale to 1 year and 1 day in prison. Clay was sentenced to serve 5 years’ probation. The defendants appealed their convictions, which were all affirmed by the Eleventh Circuit in August 2016.
On May 5, 2009, the United States filed related charges in an Information and Deferred Prosecution Agreement ("DPA") against WellCare. Pursuant to that DPA, WellCare was required to pay $40 million in restitution, forfeit another $40 million to the United States, and cooperate with the government=s criminal investigation. The company complied with all of the requirements of the DPA. As a result, the Information was later dismissed by the Court following a government motion.
This case was investigated by U.S. Health and Human Services – Office of Inspector General and the Federal Bureau of Investigation, along with the Florida Medicaid Fraud Control Unit. It was prosecuted by Assistant United States Attorneys Jay G. Trezevant and Cherie L. Krigsman, DOJ Senior Litigation Counsel John A. Michelich, and Special Assistant United States Attorney John Bowers.
Former General Counsel of Company That Operates Health Maintenance Organizations in Several States Sentenced to Prison for Role in $35 Million Health Care Fraud SchemeRead the Press Release
The former general counsel of a company that operates health maintenance organizations in several states was sentenced to six months in prison today for his role in a $35 million health care fraud scheme.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney W. Steven Muldrow of the Middle District of Florida, Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Field Office, Special Agent in Charge Eric W. Sporre of the FBI’s Tampa Field Office and the Florida Attorney General’s Medicaid Fraud Control Unit made the announcement.
Thaddeus M.S. Bereday, 52, of Tampa, Florida, was sentenced by U.S. District Judge James S. Moody of the Middle District of Florida, who also ordered Bereday to serve three years of supervised release that includes one year of home confinement following his prison term and to pay a fine in the amount of $50,000. Bereday pleaded guilty on June 27, to one count of making a false statement in connection with health care matters.
According to admissions made in connection with his guilty plea, Bereday served in several positions, including as general counsel, with WellCare Health Plans Inc. (WellCare), a publicly traded corporation that operates health maintenance organizations (HMOs) in several states targeted to government-sponsored health care benefit programs such as Medicaid. Two WellCare HMOs operating in Florida, StayWell and Healthease, contracted with the Agency for Health Care Administration (AHCA), the Florida agency that administers the Medicaid program, to provide Florida Medicaid program recipients with an array of services, including behavioral health services.
In 2002, Florida enacted a statute that required Florida Medicaid HMOs to expend 80 percent of the Medicaid premium they received for certain behavioral health services on the actual provision of those services to beneficiaries. If the HMO expended less than 80 percent of the premium, the law required the excess funds to be returned to the Medicaid Program. Bereday and four other defendants were charged in an indictment that alleged the ways in which the defendants falsely and fraudulently schemed to submit inflated expenditure information in the company’s annual reports to AHCA in order to reduce the WellCare HMOs’ contractual payback obligations for behavioral health care services.
As part of his guilty plea, Bereday admitted that he, along with others, knowingly and willfully caused the submission of a false expenditure report for calendar year 2006 to the Florida Medicaid Program on behalf of Healthease, a WellCare HMO that was under contract to provide health care services to Medicare beneficiaries in Florida in 2006.
On May 5, 2009, the United States reached a resolution with WellCare on related charges. Pursuant to a Deferred Prosecution Agreement (DPA), WellCare was required to pay $40 million in restitution, forfeit another $40 million to the United States and cooperate with the government’s criminal investigation. The company complied with all of the requirements of the DPA. As a result, the criminal Information was later dismissed by the Court following a government motion.
After a 13-week trial in June 2013, a jury found the four other defendants guilty for their roles in a scheme to defraud the Florida Medicaid Program of more than $35 million. Todd S. Farha of Tampa, Florida, former WellCare chief executive officer, was convicted of two counts of health care fraud; Paul L. Behrens of Odessa, Florida, former WellCare chief financial officer, was convicted of two counts of making false statements relating to health care matters and two counts of health care fraud; William L. Kale of Oldsmar, Florida, former vice president of Harmony Behavioral Health Inc. (a wholly owned subsidiary of WellCare), was found guilty of two counts of health care fraud; and Peter E. Clay of Wellesley, Massachusetts, former WellCare vice president of medical economics, was found guilty of making false statements to a law enforcement officer. In May 2014, Judge Moody sentenced Farha to 36 months in prison; Behrens to 24 months in prison; and Kale to one year and one day in prison. Clay was sentenced to serve 5 years’ probation. The defendants appealed their convictions, which were all affirmed by the Eleventh Circuit in August 2016.
This case was investigated by the HHS-OIG, the FBI and the Florida Attorney General's Medicaid Fraud Control Unit. Senior Litigation Counsel John A. Michelich of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Jay G. Trezevant and Cherie Krigsman of the Middle District of Florida prosecuted the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Jacksonville Man Arrested and Indicted for Distributing Child Sex Abuse VideosRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announced today that Pryce Elijah Demars (24, Jacksonville) has been arrested and indicted by a federal grand jury for distribution of child pornography. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison and a potential lifetime of supervision. Demars has been detained pending his trial on January 2, 2018.
According to court documents, on November 15, 2017, FBI agents and local police officers executed a federal search warrant at Demars’s Jacksonville residence, in connection with a child exploitation investigation into online users of a particular file-sharing program. FBI agents determined that from August 3, 2016, through April 12, 2017, Demars had distributed videos depicting young children being sexually abused to other individuals using a computer over the Internet. During an interview, Demars admitted that he had searched for child pornography on the Internet, downloaded it, and distributed it to another individual in exchange for video games and other items of value.
This case was investigated by the Federal Bureau of Investigation, the Jacksonville Sheriff’s Office, and the Nassau County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
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."
Justice Department Awards More Than $9 Million to Hire Community Policing Officers in the Middle District of FloridaRead the Press Release
Tampa, FL – Acting U.S. Attorney W. Stephen Muldrow today announced $9,515,210 in grant funding through the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). These funds have been awarded to 10 law enforcement agencies throughout the Middle District of Florida and will allow for the hiring of 75 additional full-time law enforcement officers. CHP provides grant funding directly to state, local, and tribal law enforcement agencies to support the hiring of additional law enforcement officers, for three years, to address specific crime problems utilizing community policing strategies.
“Community policing is an effective tool in reducing violent crime in our neighborhoods,” said Acting U.S. Attorney Stephen Muldrow. “We are very glad that our partner agencies will be able to hire and train additional officers to engage citizens in this collective problem solving strategy to improve public safety.”
Earlier today, Attorney General Jeff Sessions announced that 179 law enforcement agencies across the nation were awarded $98,495,397 through the COPS Office’s CHP funding program. These awards will allow for the hiring of 802 additional full-time law enforcement officers.
The complete list of award recipients can be found here.
The COPS Office awards grants to hire community policing officers, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.
Middle District of Florida 2017 COPS Hiring Program Awards
Agency
Number of Officers Awarded
Award Amount
City of Casselberry
3
$325,967
City of Fort Myers
9
$1,125,000
Hendry County Sheriff’s Office
4
$771,724
Leesburg Police Department
3
$375,000
Nassau County Board of County Commissioners
4
$462,239
Ocoee Police Department
3
$375,000
Orange County Sheriff’s Office
25
$1,875,000
City of Orlando
15
$1,875,000
Sanford Police Department
7
$875,000
City of Starke
2
$205,280
Total
75
$9,515,210
Orlando Man Convicted for Tax FraudRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found McKenzie Calixte guilty of one count of conspiracy to commit theft of government property and five counts of theft of government property. He faces a maximum of 5 years in prison on the conspiracy count and up to 10 years’ imprisonment for each of the theft counts. His sentencing hearing is scheduled for January 29, 2018.
Calixte was indicted on February 15, 2017.
According to evidence introduced during trial, Calixte conspired with Tanya Fox and others in a scheme involving the filing of fraudulent tax returns using identities that had been stolen from a variety of sources. Fox directed Calixte and others to open business bank accounts in the name of a fraudulent tax preparation business and to have the tax refunds deposited into those accounts. Fox then worked with Calixte and the conspirators to withdraw the funds and spend the money. As part of the scheme, Calixte incorporated a false tax preparation business, Strong Hand Accounting, Tax & Payroll Services, Inc., and opened a business bank account in that name. He had 127 fraudulent tax refunds deposited into this account totaling more than $160,000. According to trial testimony, Calixte then withdrew funds from the account to pay a co-conspirator, to pay rent for a home that he leased with Fox, and to purchase a Range Rover.
Fox attempted to receive approximately $5.8 million in fraudulent tax refunds and was successful in receiving over $4 million from the United States Treasury throughout the conspiracy, which lasted over two years. A federal jury previously found her guilty and she was sentenced to 20 years in federal prison.
Calixte is the eleventh person to be found guilty as a result of this scheme. Shanterica Smith, Gerald Williams, and Delray Duncan provided approximately 2,400 names from the Orange County Health Department to Fox, so that she and her co-conspirators could file the fraudulent tax returns. Smith was sentenced to five years in federal prison, Williams was sentenced to four years and six months’ imprisonment, and Duncan was sentenced to a term of three years and six months in federal prison.
In addition, April Cuyler was sentenced to 30 months’ imprisonment and Chianti Smith was sentenced to a year and a day in prison. Marceila Jackson and Reshonda Roberts each received two years in federal prison. Shanta Thaxton was sentenced to two years’ probation, and Mariah Herron is currently awaiting sentencing.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service - Criminal Investigation, the United States Postal Inspection Service, and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Shawn P. Napier.
Mexican Man Sentenced for Illegal Re-Entry After DeportationRead the Press Release
Orlando, FL – U.S. District Judge John Antoon, II today sentenced Luis David Huerta-Carranza (37, Mexico) to two years in federal prison for illegal re-entry into the United States. He pleaded guilty on August 31, 2017.
According to court documents, Huerta-Carranza was previously deported from the United States to Mexico in June 2001, September 2013, and January 2014.
“U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations will continue to focus on investigating, arresting, and removing criminal aliens from the United States,” said Michael W. Meade, acting field office director for the Miami Field Office of ERO.
This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. It was prosecuted by Assistant United States Attorney Kara Wick.
Marion County Man Sentenced to Ten Years for Receiving Child PornographyRead the Press Release
Ocala, FL – U.S. District Judge James D. Whittemore has sentenced Charles Wallace Ellsworth (55, Summerfield) to 10 years in federal prison for receiving child pornography. He also was ordered to serve a life term of supervised release, and to comply with all applicable state and federal sexual offender and sexual predator registration statutes, upon his release from prison. Ellsworth pleaded guilty on August 21, 2017.
According to court documents, between March 2017 and May 11, 2017, Ellsworth received images of child pornography on a file sharing network. On May 12, 2017, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a search warrant at Ellsworth’s home. Forensic analyses of his computer revealed more than 100 images of child pornography, including numerous images of infants and toddlers.
“This criminal preyed on the most vulnerable in our society, our children,” said HSI Tampa Special Agent in Charge, James C. Spero. “We have stopped this predator in his tracks, protecting countless children from his crimes.”
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Orlando Office. It was prosecuted by Assistant United States Attorney Dale R. Campion.
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 Man Pleads Guilty to Receiving Child Sex Abuse Images from A Convicted Sex OffenderRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that Stanley Hagan, Jr. (33, Jacksonville) has pleaded guilty to receiving child pornography over the Internet. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison, and a potential life term of supervised release. A sentencing date has not yet been set.
According to court documents, in 2015, convicted child sex offender Darren Dozier was released from prison and established a residence in Philadelphia. While there, he molested an 8-year-old child and produced images and videos of the abuse. On December 19, 2015, and again on August 7, 2016, Hagan engaged in sexually explicit online conversations with Dozier. During the first conversation, Dozier offered to send Hagan sexually explicit images of his victim, and Hagan accepted the offer. Dozier then sent Hagan four images depicting Dozier sexually abusing the child. On August 30, 2017, during an interview with FBI agents in Jacksonville, Hagan admitted that he had solicited and received these images from Dozier.
This case was investigated by the Federal Bureau of Investigation in Jacksonville and Philadelphia. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Eleven Individuals, Including A Mother and Her Two Sons, Sentenced for Conspiring to Distribute MethamphetamineRead the Press Release
Jacksonville, Florida - U.S. District Judge Harvey E. Schlesinger has sentenced 11 individuals in connection with their involvement in a year-long methamphetamine distribution conspiracy.
According to court documents, between mid-2015 and mid-2016, Audrey Jenkins, along with her sons, Marcelle and George Jenkins, supplied multi-ounce quantities of highly pure crystal methamphetamine, directly or through others, to Kathy Meyer, Lena Leigh Davis, Dane Lloyd, Tina Rayos, Melinda Reeves, Layton Franklin Thomas, Shanique Morgan, and Michelle Ryder. Those individuals, in turn, distributed the methamphetamine to others in south Georgia and north Florida. Audrey Jenkins’s residence in Alma, Georgia was a central meeting and distribution point.
On January 9, 2016, Marcelle Jenkins was arrested on state charges in Bacon County, Georgia. While in custody, he continued to run the drug organization via cellphones that were smuggled into the jail.
During this investigation, law enforcement officers seized methamphetamine from a number of the defendants. Tests by the Drug Enforcement Administration laboratory determined the methamphetamine to be as much as 99% pure.
Name
Age, Residence
Term of Imprisonment
Marcelle Jenkins
25, Alma, GA
22 years
Audrey Jenkins
44, Alma, GA
21 years and 8 months
George Jenkins
27, Alma, GA
12 years
Tina Rayos
44, Fernandina Beach, FL
10 years
Kathy Meyer
63, Folkston, GA
6 years
Layton Franklin Thomas
22, Folkston, GA
6 years
Michelle Ryder
43, Fernandina Beach, FL
6 years
Melinda Reeves
38, Jacksonville, FL
5 years
Lena Davis
40, Waycross, GA
4 years
Norman Dane Lloyd
45, Folkston, Georgia
3 years
Shanique Morgan
23, Alma, GA
2 years
This case was investigated by the Drug Enforcement Administration, the Baker County Sheriff’s Office, and the Charlton County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Julie Hackenberry Duva.
Illegal Alien Sentenced to Prison for Possessing FirearmsRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Efrain Cordoba Carrera (30, Plant City) to two years in federal prison for being an illegal alien in possession of a firearm. He pleaded guilty on August 17, 2017.
According to court documents, law enforcement officers executed a search warrant at a residence in Plant City based on evidence that Fausto Beltran Sedano and Lazaro Sandobal Gonzalez were counterfeiting identity documents, such as lawful permanent resident alien cards (also known as green cards) and social security cards, to allow undocumented individuals to unlawfully obtain employment and continue their unlawful presence in the United States. During the execution of the warrant, an arsenal of weapons was found in Carrera’s bedroom, including 11 firearms and hundreds of rounds of ammunition. Two of the firearms had high-capacity magazines and the serial number on one of them was obliterated. Carrera was prohibited from possessing the firearms and ammunition because he was unlawfully present in the United States.
"This criminal not only violated our nation's immigration laws, but also illegally possessed more than 10 weapons," said HSI Tampa Special Agent in Charge James C. Spero. "Our communities are safer today because of the hard work of our HSI special agents."
In July 2017, Lazaro Sandobal Gonzalez was sentenced to eight months’ imprisonment for transferring a false identification document knowing that it had been produced without lawful authority. In September 2017, Fausto Beltran Sedano was sentenced to 15 months’ imprisonment on the same charge.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Adam M. Saltzman.
Member of Plant City Money Laundering and Drug Trafficking Organization SentencedRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven yesterday sentenced Joseph Rumore (34, Plant City) to nine years and two months in federal prison for conspiracy to distribute five kilograms or more of cocaine. As part of his sentence, the Court also entered a money judgment in the amount of $2,560,000, the proceeds of the drug trafficking conspiracy.
Rumore pleaded guilty on January 26, 2017.
According to court documents, Rumore served as a significant distributor for the Plant City, Florida-arm of a Matamoros, Mexico-based money laundering and drug trafficking organization operating out of SAME Pallets Company in Plant City. He obtained kilograms of cocaine at the pallet yard and then re-sold them at a profit, selling from one to five kilograms per week throughout most of 2016. During the investigation, law enforcement seized cocaine, methamphetamine, and over $775,000 in drug proceeds from members of the drug trafficking organization. During Rumore’s participation in the conspiracy, the drug trafficking organization obtained at least $3,823,000 in proceeds.
“HSI special agents, with our Hillsborough County Sheriff’s Office partners, have dismantled a drug trafficking organization that was targeting our local communities,” said HSI Tampa Special Agent in Charge James C. Spero. “This sentencing highlights HSI’s vigilance in the investigation and prosecution of those engaging in drug activity.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Josephine W. Thomas.
Federal Jury Finds Fort Myers Woman Guilty of Lying to Federally Licensed Firearms DealersRead the Press Release
Fort Myers, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Victoria Louise Whidden (26, Fort Myers) guilty of two counts of providing a false statement to a federally licensed firearms dealer. She faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to testimony and evidence presented at trial, on October 25, 2016, Whidden provided a false statement to Shoot Straight in Fort Myers, a licensed firearms dealer, in connection with her purchase of two AK-47 rifles. Additionally she provided a false statement to another licensed firearms dealer, EBS Arms in Cape Coral, on October 31, 2016, in connection with her attempted purchase of three AK-47 rifles. Whidden’s false statements concerned her misrepresentation of her current residence address at both gun stores.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Simon R. Eth.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Federal Correctional Officer Pleads Guilty to Taking BribesRead the Press Release
Ocala, Florida – Acting United States Attorney W. Stephen Muldrow announces that Albert Larry Harris, Jr. (27, Lake County) today pleaded guilty to accepting a bribe as a public official. He faces a maximum penalty of 15 years in federal prison. The sentencing date has not yet been set.
According to the
plea agreement , Harris worked as a correctional officer in a penitentiary at the Coleman Federal Correctional Complex. Beginning in June 2017, he provided inmates at the facility with contraband (drugs and tobacco products) in exchange for large cash payments. Harris met with an undercover federal agent in Ocala on August 22, 2017, where he accepted a $5,000 bribe payment and 200 Suboxone strips for delivery to a federal inmate. Following that exchange, Harris was arrested.This case was investigated by the Department of Justice - Office of the Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Alabama Man Pleads Guilty to Downloading Child Sex Abuse VideosRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that Christopher Jaye Boykin (34, Lisman, Alabama) has pleaded guilty to four charges of receiving child pornography over the Internet. He faces a minimum mandatory penalty of 5 years, up to 20 years, in federal prison on each count.
According to court documents, in February 2014, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations 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 49 videos depicting sexual abuse of young children. During an interview, Boykin admitted that both computers contained child pornography for his own “viewing pleasure.”
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 is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Three Individuals Charged with Conspiracy and ArsonRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces the unsealing of an indictment charging Jodarin Marquis Whitfield (27, Sarasota), Herbert Adelphus Pinckney (39, Avon Park), and Rashica Shaguana Ford (39, Sarasota) with conspiracy and arson. If convicted, each faces a maximum penalty of 20 years in federal prison.
According to the indictment, on March 11, 2015, Whitfield, Pinckney, and Ford set fire to a residential dwelling in Bradenton. At the time of the arson, three adults and five children occupied the home.
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 jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the State Bureau of Fire and Arson Investigations, the Bradenton Police Department, the Sarasota County Sheriff’s Office, and the Manatee County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.
Fort Myers Man Sentenced to More Than Fifteen Years for Possession of Firearm and AmmunitionRead the Press Release
Fort Myers, Florida – Senior U.S. District Judge John E. Steele today sentenced Derrick L. Kinchen (39, Fort Myers) to 15 years and 8 months in federal prison for possessing a firearm and ammunition as a convicted felon. As a three-time convicted felon, he was subject to enhanced penalties under the Armed Career Criminal statute. The Court also ordered him to forfeit the firearm and ammunition associated with the offense.
According to court documents, on July 22, 2016, the Fort Myers Police Department was contacted regarding an individual with a gun at an apartment complex. Following a search in the area, Kinchen was located and identified as the individual with the firearm. As a result of his prior felony convictions, Kinchen is 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 Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Jesus M. Casas.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Tampa Man Pleads Guilty to Firearms ChargeRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that Javis D. Wilson (39, Tampa) has pleaded guilty to possessing a firearm as a convicted felon. He faces up to life in federal prison. A sentencing date has not yet been set.
According to the plea agreement, in 2016, Wilson sold undercover agents cocaine, ammunition, and several firearms, including a 30-06 caliber rifle, a .25 caliber handgun, and a .40 caliber handgun. As a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Frank Murray.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Judge Finds Two-Time Convicted Sex Offender Guilty of Child Sex CrimesRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that U.S. District Judge James S. Moody, Jr. has found Clayton Junior Thornburg (55, Iuka, Mississippi) guilty of attempted enticement of a minor, attempted transfer of obscene material to a minor, transportation of child pornography, and enhanced penalties for sex offenders. He faces a mandatory minimum of 25 years, up to life, in federal prison. His sentencing hearing is scheduled for February 1, 2018.
According to evidence presented at trial, between August and November 2015, Thornburg communicated online with an undercover agent who he believed to be a 13-year-old girl. He repeatedly expressed explicit interest in having sex with the “child,” and he sent multiple pornographic images and videos in attempts to illustrate what “it’s like for a young girl to have sex.” Thornburg is a two-time convicted sex offender and was on probation in Illinois for possession of child pornography at the time of the offenses in this case.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Lisa M. Thelwell and Stacie B. Harris.
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.
Japanese Steakhouse Owners Plead Guilty to Harboring Undocumented AliensRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that Xiu Rong Liu (43) and Liang Wu Yang (44), both of Jacksonville, have pleaded guilty to harboring undocumented aliens for commercial advantage and private financial gain. They each face a maximum penalty of 10 years in federal prison. A sentencing date has not yet been scheduled.
Liu and Yang were charged on July 31, 2017.
According to court documents, Liu and Yang are husband and wife and operated the Fujiyama Japanese Steakhouse and Sushi Lounge in Jacksonville. On July 6, 2017, U.S. Homeland Security Investigations agents went to a residence in Jacksonville owned by Liu and Yang as part of an unrelated immigration investigation and encountered several people living there. The agents observed mattresses on the floor of the formal dining room, which had been converted into a makeshift bedroom. Further investigation revealed that all of the people who lived at the residence, except one, were undocumented aliens from Indonesia and Guatemala, that they all lived at the house rent free, and that they worked at the Fujiyama restaurant. Yang provided some of the workers with rides between the residence and the restaurant.
Under federal law, an employer is required to complete an Enforcement Employment Eligibility Verification Form (I-9) verifying that an employee is lawfully permitted to work in the United States. Liu and Yang did not complete the form certifying the aliens. The aliens were paid in cash and Liu and Yang did not withhold taxes and other payments from the workers’ wages and did not pay the employer’s portion of these payments to government authorities. They also did not report the workers to state revenue authorities as required under Florida law, ensuring the collection of the proper amount of unemployment compensation tax.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Armed Heroin Dealer Sentenced to over Five Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Matthew Barker (34, Jacksonville) to five years and five months in federal prison for distributing heroin and for possessing a firearm in furtherance of a drug trafficking crime. He pleaded guilty on May 24, 2017.
According to court documents, during July 2016, detectives from the Jacksonville Sheriff’s Office and agents from the Federal Bureau of Investigation and the Drug Enforcement Administration were investigating Barker for selling heroin and firearms in Jacksonville. Task force agents purchased almost 7 grams of heroin mixed with fentanyl for $1,500 and a .40 caliber pistol from Barker. FBI SWAT team members later executed a search warrant at Barker’s home and recovered more than 40 firearms and thousands of rounds of ammunition. All of the firearms and ammunition were forfeited to the government.
This case was investigated by the Jacksonville Sheriff’s Office, the Federal Bureau of Investigation, and the Drug Enforcement Administration as part of the Organized Crime and Drug Enforcement Task Force. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply. It was prosecuted by Assistant United States Attorney Frank Talbot.
Palmetto Man Sentenced to Four Years in Prison for Tax FraudRead the Press Release
Tampa, FL – U.S. District Judge James S. Moody Jr. today sentenced Samuel Priester to four years in federal prison for tax fraud. As part of his sentence, the Court also ordered him to forfeit the proceeds from the offense and to pay restitution to the Internal Revenue Service in the amount of $152,418.
Priester pleaded guilty on June 13, 2017.
According to court documents, in March 2012, Priester was in possession of numerous unauthorized prepaid cards, in other peoples’ names, that had been loaded with tax refunds from unauthorized and fraudulently filed federal tax returns. Some of the cards were still attached to mailers from the card issuers. Preister also possessed a hand-written ledger containing personally identifying information (PII) with notations such as “used,” “good,” or “rejected,” along with instructions as to how much money could be withdrawn from ATMs daily, using various types of prepaid debit cards. One of the cards and PII found matched a card that had been used to purchase new merchandise found in Priester’s room.
In total, there were 34 false 2011 income tax returns filed with the IRS from the PII and prepaid cards in Priester’s possession, claiming a total of $230,045. Of these, $205,785 had been accurately noted in the hand written ledger. A total of $152,418 in fraudulent tax refunds were issued.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Bradenton Police Department. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Orlando Lawyer Convicted of Tax EvasionRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found William B. Pringle, III (55, Orlando) guilty of tax evasion. He faces a maximum penalty of five years in federal prison and a maximum fine of $100,000. His sentencing hearing is scheduled for January 22, 2018.
Pringle was indicted on June 14, 2017.
According to evidence presented at trial, Pringle owed more than $2.1 million in federal income taxes, interest, and penalties for the years 1996 and 1998-2010. Over a period of at least nine years, Pringle avoided paying his income taxes by hiding his substantial income and luxury assets from the Internal Revenue Service and engaging in tactics to stop the IRS from locating and seizing his assets to pay the taxes that he owed.
This case was investigated by the Internal Revenue Service, Criminal Investigation. It is being prosecuted by Assistant United States Attorney Karen L. Gable.
Deportee Sentenced to Prison for Illegal ReentryRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Victor Bermudez-Ruiz (38), a Mexican national, to the statutory maximum penalty of two years in federal prison for illegally reentering the United States after deportation. He pleaded guilty on June 22, 2017.
According to court documents, since 2008, Bermudez-Ruiz illegally entered the United States at least seven times, after being deported. He has been convicted twice for illegal entry in other districts.
This case was investigated by U.S. Customs and Border Protection’s Border Patrol. It was prosecuted by Assistant United States Attorney Kristen A. Fiore.
Bradenton Man Sentenced to 11 Years for Firearm and Drug-Trafficking OffensesRead the Press Release
Tampa, Florida– Senior U.S. District Judge Susan C. Bucklew today sentenced Anthony Sanchez (25, Bradenton) to 11 years in federal prison for possessing carfentanil, a Schedule II controlled substance, with the intent to distribute it, and for possessing a firearm in furtherance of a drug-trafficking crime. He pleaded guilty on August 4, 2017.
According to court documents, Sanchez sold a stolen Sig-Sauer .9mm caliber pistol and ammunition to an undercover agent at the Desoto Square Mall, in Bradenton. He also sold the agent 10.85 grams of carfentanil, while possessing a loaded .22 caliber revolver.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Frank Murray.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN) — a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.