Middle District of Florida
Press releases recorded for this federal judicial district.
Former Titusville Football Coach and Teacher’s Aide Sentenced to Prison for Drug Trafficking OffenseRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Leonard Charles Agee Jr. (40, Titusville) to 36 months in federal prison for conspiracy to distribute and to possess with the intent to distribute marijuana, heroin, and cocaine. At the time of his arrest on June 29, 2016, Agee was a Titusville High School football coach, a teacher’s aide, and an employee of the Brevard County Schools. He pleaded guilty on November 9, 2016.
According to his plea agreement, in January 2015, the Drug Enforcement Administration and the Titusville Police Department began investigating Agee. In September 2015, officers made controlled purchases of heroin from him. Agee had also obtained marijuana from Colorado for redistribution in Florida and sold cocaine obtained from South Florida for redistribution in Central Florida. He was responsible for the possession and/or distribution of over 100 grams of heroin, more than two kilograms of cocaine, and over 75 pounds of marijuana.
This case was investigated by the Titusville Police Department and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.
Jacksonville Man Pleads Guilty to Firearms OffenseRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Sheldon Lamont Jackson (43, Jacksonville) has pleaded guilty to possessing a firearm after having been convicted of a felony. Due to his status as an Armed Career Criminal, he faces a minimum mandatory penalty of 15 years, up to life, in federal prison. A sentencing date has not yet been set.
According to court documents, during a traffic stop, a deputy with the Jacksonville Sheriff’s Office discovered a loaded, semi-automatic handgun hidden under the driver’s seat of the car that Jackson was driving. During the investigation that followed, Jackson unsuccessfully attempted to dissuade a witness from providing information to law enforcement. Prior to his arrest in this case, Jackson had multiple prior felony convictions, including convictions for sale of cocaine and resisting arrest with violence, and was therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Illinois Man Sentenced to 36 Years for Transportation of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Michael Michalak (54) to 36 years and 8 months in federal prison for aiding and abetting the transportation of child pornography and distributing child pornography. The Court also ordered Michalak to forfeit two cellphones and a computer that had been used in furtherance of the commission of the offenses. He pleaded guilty on November 30, 2016.
According to court documents, Michalak used Facebook and other mobile applications to send links to images and videos child of pornography to an undercover FBI agent. During the sentencing hearing, the government presented evidence that Michalak had sexually assaulted children before the commission of this offense. The Court found that Michalak engaged in a pattern of activity involving the sexual exploitation of minors.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Tampa Man Pleads Guilty to Theft of Tax Refund ChecksRead the Press Release
Tampa, Florida–United States Attorney A. Lee Bentley, III announces that Charles Clark has pleaded guilty to theft of government funds. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on March 12, 2015, Clark sold an $82,000 stolen U.S. Treasury check to a person acting in an undercover capacity with the Internal Revenue Service - Criminal Investigation. Clark did not have permission to sell the check from the U.S. Treasury, or from the person to whom the check had been issued.
This case was investigated by the Internal Revenue Service Office - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Rachel K. Jones.
Florida Man Sentenced for Sex Trafficking and Interstate ProstitutionRead the Press Release
U.S. District Judge Carlos E. Mendoza of the Middle District of Florida sentenced Abdhullah Hamidullah, 43, to serve 482 months in prison and a lifetime of supervised release, the Justice Department announced today. Hamidullah pleaded guilty on June 17, 2016, to sex trafficking by force, fraud, and coercion in violation of 18 U.S.C. § 1591, and to enticing individuals to travel in interstate commerce for prostitution and transporting individuals in interstate commerce for prostitution in violation of 18 U.S.C. §§ 2421 and 2422.
According to admissions in connection with his guilty plea, Hamidullah lured a young woman identified as A.W. to travel to Florida on false pretenses, then forced her to engage in commercial sex acts with multiple customers a day, for several months, and provide him the proceeds. Hamidullah isolated her in his apartment, took away her money and phone, and installed an alarm without providing her the code. He also assaulted her, showed her his handgun, and branded her with a tattoo in the course of compelling her to prostitute for his profit. As part of his plea agreement, Hamidullah agreed to pay restitution to six women identified as victims of his sex trafficking scheme.
“This defendant preyed on vulnerable young victims and cruelly exploited them for his profit,” stated Acting Assistant Attorney General Tom Wheeler. “This sentence sends a clear message that the United States will not tolerate modern-day slavery and will work tirelessly to restore the rights and dignity of victims of human trafficking.”
“This defendant used physical abuse and intimidation to force young women to engage in prostitution,” stated U.S. Attorney A. Lee Bentley, III. “This prosecution ends the defendant’s vicious pattern of exploitation and, hopefully, brings a measure of relief and justice to his victims.”
“These women were victims of a brutal criminal organization, who through the use of violence were forced into interstate sex trafficking. U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) continues to investigate these crimes as one of our highest priorities through a coordinated global effort,” said Executive Associate Director Peter T. Edge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. “HSI will continue to investigate and seek prosecution of these criminals, while also ensuring the victims of this terrible crime are rescued and receive the care they need.”
“The Metropolitan Bureau of Investigation works closely with its federal and local partners to investigate and successfully prosecute sex traffickers,” said Director Ron Stucker of the Metropolitan Bureau of Investigation for the 9th Judicial Circuit of Florida. “The evidence in this case demonstrates the ruthlessness of sex traffickers, the urgency to rescue victims and the resolve of law enforcement to bring traffickers to justice.”
Documents filed and evidence presented in connection with the case indicated that Hamidullah began operating his sex trafficking enterprise in 2005, recruiting multiple women and causing them to engage in commercial sex acts for his profit.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Orlando-based Metropolitan Bureau of Investigations, and was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda of the Middle District of Florida, and Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Florida Man Sentenced for Sex Trafficking and Interstate ProstitutionRead the Press Release
Orlando, FL – U.S. District Judge Carlos E. Mendoza sentenced Abdhullah Hamidullah, 43, to serve 40 years and 2 months in prison and a lifetime of supervised release. Hamidullah pleaded guilty on June 17, 2016, to sex trafficking by force, fraud, and coercion and to enticing individuals to travel in interstate commerce for prostitution and transporting individuals in interstate commerce for prostitution.
According to admissions in connection with his guilty plea, Hamidullah lured a young woman identified as A.W. to travel to Florida on false pretenses, then forced her to engage in commercial sex acts with multiple customers a day, for several months, and provide him the proceeds. Hamidullah isolated her in his apartment, took away her money and phone, and installed an alarm without providing her the code. He also assaulted her, showed her his handgun, and branded her with a tattoo in the course of compelling her to prostitute for his profit. As part of his plea agreement, Hamidullah agreed to pay restitution to six women identified as victims of his sex trafficking scheme.
“This defendant used physical abuse and intimidation to force young women to engage in prostitution,” stated U.S. Attorney A. Lee Bentley, III. “This prosecution ends the defendant’s vicious pattern of exploitation and, hopefully, brings a measure of relief and justice to his victims.”
“This defendant preyed on vulnerable young victims and cruelly exploited them for his profit,” stated Acting Assistant Attorney General Tom Wheeler. “This sentence sends a clear message that the United States will not tolerate modern-day slavery and will work tirelessly to restore the rights and dignity of victims of human trafficking.”
“These women were victims of a brutal criminal organization, who through the use of violence were forced into interstate sex trafficking. U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) continues to investigate these crimes as one of our highest priorities through a coordinated global effort,” said Executive Associate Director Peter T. Edge of the Homeland Security Investigations. “HSI will continue to investigate and seek prosecution of these criminals, while also ensuring the victims of this terrible crime are rescued and receive the care they need.”
“The Metropolitan Bureau of Investigation works closely with its federal and local partners to investigate and successfully prosecute sex traffickers,” said Director Ron Stucker of the Metropolitan Bureau of Investigation for the 9th Judicial Circuit of Florida. “The evidence in this case demonstrates the ruthlessness of sex traffickers, the urgency to rescue victims and the resolve of law enforcement to bring traffickers to justice.”
Documents filed and evidence presented in connection with the case indicated that Hamidullah began operating his sex trafficking enterprise in 2005, recruiting multiple women and causing them to engage in commercial sex acts for his profit.
This case was investigated by the Department of Homeland Security’s Homeland Security Investigations and the Orlando-based Metropolitan Bureau of Investigations, and was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda and Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Orlando Woman Sentenced to Federal Prison for Scheme to Evade Workers’ Compensation Requirements for Undocumented Aliens Working in Construction IndustryRead the Press Release
Jacksonville, Florida – U.S. District Judge Henry Lee Adams, Jr. has sentenced Orquidea Quezada (48, Orlando) to 18 months in federal prison for wire fraud and for operating as an unlicensed money transmitter. The Court ordered her to forfeit $136,886 in cash that was seized when she was arrested, $60,178.91 that was seized from her bank accounts, and a 2013 Honda Accord, valued at $11,500, that she had used while committing the offenses. The Court also entered a money judgment against Quezada in the amount of $584,435.09, representing the proceeds of the criminal conduct less the amount previously seized, and she was further ordered to pay restitution to AIG Insurance in the amount of $18,603.24.
Quezada pleaded guilty on September 28, 2016.
According to court documents, between May 2013 and May 2016, Quezada, doing business as Orquicely Construction, LLC, applied for workers’ compensation insurance policies to cover two to seven employees and an annual payroll of approximately $100,000. The insurance companies issued the policies for annual premiums based on the payroll information disclosed in the applications.
Under Florida law, any business that engages in construction work must secure and maintain workers’ compensation insurance and the failure to do so is a felony. Construction contractors must require subcontractors to provide proof that they have workers’ compensation insurance.
Quezada then “rented” the insurance policies to numerous construction subcontractors who employed hundreds of workers, many of whom were undocumented aliens. To do so, she directed her insurance agent to e-mail the subcontractors a certificate of insurance that the insurance would cover their workers. The subcontractors wrote payroll checks to Orquicely Construction for work performed by their employees. Quezada then cashed those checks and paid the subcontractors’ employees in cash, through work crew leaders. Quezada kept five percent of each check as a fee for her services. Between May 2013 and November 2015, Quezada funneled about $17.4 million through her company to the subcontractors’ employees.
Neither Orquicely Construction nor the subcontractors deducted state or federal taxes, such as for Medicare and Social Security, from the workers’ pay. The scheme allowed the subcontractors to avoid these taxes and workers’ compensation taxes, and to conceal their employment of undocumented aliens that were working illegally in the United States.
“This sentencing is the result of HSI’s combined investigative expertise in financial crimes and worksite enforcement,” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI special agents will continue to identify, disrupt, and eliminate the criminal schemes used to exploit our financial industry and to garner profit from the labor of undocumented aliens. HSI’s continued partnership with agencies such the Florida Department of Financial Services, Division of Investigative & Forensic Services greatly enhances our ability to successfully identify and prosecute these criminal organizations.”
"Employers who attempt to evade the law and fail to provide workers' compensation coverage leave their employees vulnerable to extraordinary costs in the event of an on-the-job injury," said Florida Chief Financial Officer Jeff Atwater. "Not only are employees left at risk, but when bad actors save thousands by not paying for insurance policies, they can skew the competitive market by bidding on projects at a much cheaper rate—making it difficult for the law-abiding employers to win job contracts. I applaud the collaborative efforts of our federal, state, and local law enforcement partners who work day in and day out to ensure the bad actors within the construction industry are held accountable for their crimes."
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (Jacksonville and Orlando), the Internal Revenue Service – Criminal Investigation, and the Florida Department of Financial Services Division of Investigative and Forensic Services. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
FBI Impersonator Sentenced to Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Anthony Tyrone Jones (36, Jacksonville) to five years and six months in federal prison for impersonating an FBI agent, wire fraud, and failure to appear. He was also ordered to pay restitution in the amount of $21,700 to a victim of his offenses.
Jones pleaded guilty on February 29, 2016.
According to court documents, Jones falsely represented himself to be an investment advisors claiming that he had helped another individual become a millionaire. In February 2011, at Jones’s direction, one victim provided him with $21,700 to invest in the stock market. Instead of investing the funds, Jones cashed the victim’s checks and used the money for his own personal enjoyment.
Jones defrauded another individual by posing as an FBI agent to induce a woman to have sex with him at no charge after he had previously promised to pay her for sex. Jones was arrested on January 9, 2013, and released on bond subject to electronic monitoring. On April 23, 2013, he removed his monitoring bracelet and absconded. He remained a fugitive until his capture on August 13, 2015, by the U.S. Marshals Service in Jacksonville.
This case was investigated by the Federal Bureau of Investigation and the U.S. Marshals Service. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
Tampa Woman Pleads Guilty to Role in Tax Refund Fraud SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Nejah Prince (31, Tampa) has pleaded guilty to access device (credit card) fraud and making a false claim against the United States. She faces a maximum penalty of 15 years in federal prison on the access device fraud count and 5 years’ imprisonment on the false claims charge. A sentencing date has not yet been set.
According to the plea agreement, in February 2013, officers from the Tampa Police Department conducted a search at the home where Prince resided. During the search, they found copies of confidential Veterans Affairs (VA) medical records, notebooks with the personal identification information of more than 200 persons, printed tax returns, and several computers. Further investigation revealed that Prince had used the identity of one person whose name was on a VA medical record to open a credit account at Montgomery Ward. She then made more than $1,300 in purchases using that account.
In addition, IRS agents discovered that Prince had been involved in the use of the identification information relating to another person in one of the VA medical forms to file a fraudulent income tax return seeking a refund of over $8,200. The IRS subsequently identified numerous fraudulent federal income tax returns that had been filed on behalf of many of the individuals whose identification information had been found at Prince’s residence. The total loss to the IRS from this scheme exceeds $173,000.
This case was investigated by the Internal Revenue Service - Criminal Investigation, with assistance from the Tampa Police Department, the United States Department of Veterans Affairs, and the United States Secret service. It is being prosecuted by Assistant United States Attorneys Jay L. Hoffer and Sara Sweeney.
Tampa Man Sentenced in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Walter Fambro to 3 years and 10 months’ imprisonment for his role in committing stolen identity refund fraud. As part of his sentence, the Court also ordered him to pay restitution to the IRS in the amount of $326,133. Fambro pleaded guilty on November 28, 2016.
According to court documents, Fambro filed false and fraudulent income tax returns in the names of living and deceased individuals. In these fraudulent returns, he and others represented that they were entitled to the refunds for those persons and requested that the IRS deposit the refunds into accounts that had been established in the names of the victims. As a result of their scheme, Fambro received $326,133 in fraudulent income tax refund payments.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Brevard County Resident Sentenced to Thirty Years in Prison for Production of Child PornographyRead the Press Release
Orlando, Florida– U.S. District Judge Carlos E. Mendoza has sentenced Jerry Hall (49, Palm Bay) to 30 years in federal prison for producing child pornography. The Court also ordered him to forfeit electronic equipment that had been used during the offense.
Hall pleaded guilty on December 1, 2016.
According to court documents, in June 2015, the Florida Department of Law Enforcement (FDLE) began investigating Hall for downloading child pornography using file sharing software. During the investigation, FDLE came into possession of a memory card that contained images of sexually explicit conduct of a minor taken by Hall on his cellphone in June 2014. At the time the images were taken, the minor was under the age of 10.
FDLE also recovered a custom built computer belonging to Hall and a laptop previously used by him. A forensic examination of those computers revealed numerous images and video files depicting child pornography, some of which contained young children.
“Child pornography is an atrocious crime because each movie or photograph represents a child who has been sexually abused,” said FDLE Special Agent in Charge Danny Banks. “FDLE will continue to aggressively investigate anyone who preys on our children.”
“This child predator’s crimes will never be erased in the minds of the children that he victimized,” said Susan L. McCormick, special agent in charge of HSI Tampa. “This long prison sentence serves as a warning to child predators that these crimes will be discovered, will be prosecuted and will be punished severely.”
This case was investigated by U.S. Department of Homeland Security, Homeland Security Investigations and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Sean P. Shecter.
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 the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orlando Man Sentenced to Federal Prison for Theft of Government PropertyRead the Press Release
Florida – U.S. District Judge Carlos E. Mendoza today sentenced Daryl C. Ali, a/k/a Daryl C. Smith, ( 34) to 57 months in federal prison for theft of government property. He was also ordered to pay $135,494.05 in restitution to the IRS.
Ali pleaded guilty on November 21, 2016.
According to court documents, Ali orchestrated a scheme by which he sent the IRS more than 200 personal and business checks between February 2010 and January 2012, totaling over $3 million. Ali claimed that the checks were payment for back taxes owed by him personally and through his business. Shortly after writing the checks Ali would either close the account or there would be insufficient funds to cover the checks. After the IRS received the checks and realized that no taxes were due, the IRS inadvertently issued 12 United States Treasury checks to Ali to settle the credit balance on his account with IRS. These checks totaled over $69,000. Once the IRS became aware of Ali’s scheme in April 2011, they did not issue him any additional fraudulent refunds.
However, after receiving the 12 checks, Ali altered 2 of the checks on 8 separate occasions by changing the check number and amount payable so that he could cash the checks again. This scheme resulted in an additional loss of over $66,000 to the IRS.
This case was investigated by the Internal Revenue Service Criminal Investigation and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Shawn P. Napier.
Marion County Convicted Felon Charged with Possession of Destructive DevicesRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces the signing of a criminal complaint charging Mark Charles Barnett (48, Ocala) with possession of a firearm (destructive device) affecting commerce by a previously convicted felon. If convicted, he faces a maximum penalty of 10 years in federal prison. Barnett is currently in custody at the Marion County Jail on state charges for violating his terms of probation.
According to the affidavit supporting the criminal complaint, Barnett offered a confidential source (CS) $10,000 to place improvised explosive bombs in Target retail stores along the east coast of the United States. Barnett created at least 10 of the explosive devices, disguised in food-item packaging, which Barnett delivered to the CS on February 9, 2017. Barnett then asked the CS to place the explosive devices on store shelves from New York to Florida. He also provided the CS with a bag of gloves, a mask, and a license plate cover to disguise the CS’s identity from law enforcement.
Barnett theorized that the company’s stock value would plunge after the explosions, allowing him to cheaply acquire shares of Target stock before an eventual rebound in prices. Rather than placing the devices on store shelves, however, the CS surrendered them to authorities. An explosives expert determined that they were capable of causing property damage, serious injury, or death to nearby persons upon detonation. A subsequent search of Barnett’s house by federal agents revealed components consistent with those used to create the explosive devices.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
“The swift work of ATF Special Agents, Explosives Enforcement Officers, and other specialized violent crime resources foiled this individual’s plot that could have caused great harm to the public. Our Federal and State law enforcement partners played a vital role in supporting this investigation, and ATF will continue to work alongside the U.S. Attorney’s Office to bring this case to a successful resolution,” said Special Agent in Charge Daryl McCrary, ATF Tampa Field Division.
“Once FDLE received the information we initiated an investigation. Upon determining the nature of the threat we notified and began working jointly with our local, state and federal partners. The arrest in this case demonstrates the importance of collaboration in keeping our communities safe,” said FDLE Commissioner Rick Swearingen.
“The cooperation between the local, state and federal law enforcement agencies involved in this case was instrumental to quickly identifying this individual and resolving any potential threat to the public,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “The FBI remains dedicated to working with our partners to make our communities safer.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Department of Law Enforcement, the Florida Department of Corrections – Probation and Parole Services, the Federal Bureau of Investigation, the Marion County Sheriff’s Office, and the City of Ocala Police Department. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Lee County Man Indicted in Tax Refund Fraud SchemeRead the Press Release
Fort Myers, FL – A federal grand jury sitting in Ft. Myers, Florida returned an indictment on Feb. 15, which was unsealed today, charging a Lee County, Florida resident with mail fraud, money laundering, and corruptly endeavoring to impede the administration of the internal revenue laws, announced U.S. Attorney A. Lee Bentley III for the Middle District of Florida and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the indictment, Attila Kalmar filed 2007 through 2009 trust returns with the Internal Revenue Service (IRS) in the name of First AK-Open Sec Trust, a nominee entity, seeking more than $480,000 in fraudulent refunds. Kalmar deposited a refund check he received as a result of these filings into a bank account, and then used the proceeds to purchase real property, acquire thousands of dollars in gold coins, and wire money overseas. The indictment further alleges that Kalmar attempted to impede the internal revenue laws by transferring funds between nominee bank accounts and falsely representing to the IRS that an IRS revenue officer was the trustee for First AK-Open Sec Trust.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Kalmar faces a statutory maximum sentence of 20 years in prison for each mail fraud count, 10 years in prison for each money laundering count, and three years in prison for corruptly endeavoring to impede the administration of the internal revenue laws. Kalmar also faces a period of supervised release, restitution, forfeiture, and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Bentley commended special agents of IRS–Criminal Investigation and Treasury Inspector General for Tax Administration (TIGTA), who conducted the investigation, and Trial Attorneys Kathryn A. Kimball and William M. Montague of the Tax Division and Assistant U.S. Attorney Michael C. Baggé-Hernández of the Middle District of Florida, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Husband and Wife Plead Guilty to Armed RobberyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Jacorian Rashawn Brown (24) and Jessica Duenas Nicholas (45), both of Brandon, today pleaded guilty to conspiracy and armed robbery. Brown also pleaded guilty to brandishing a firearm during an armed robbery. He faces a maximum penalty of life in federal prison, and Nicholas faces a maximum penalty of 20 years’ imprisonment. A sentencing date has not yet been set.
According to the plea agreements, on July 9, 2016, Brown and Nicholas robbed the Murphy USA gas station in Wimauma of more than $10,000. On July 19, 2016, the couple attempted to rob the Murphy USA gas station in Gibsonton but were unsuccessful. On July 23, 2016, Brown and Nicholas returned to the Wimauma gas station to attempt another robbery. However, they were arrested before the robbery could take place. Investigators recovered two semi-automatic pistols and nearly 100 rounds of ammunition from inside their vehicle.
This case was investigated by the Hillsborough County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons.
Florida Man Indicted in Tax Refund Fraud SchemeRead the Press Release
Used Illegal Proceeds to Buy Property and Gold Coins
A federal grand jury sitting in Ft. Myers, Florida returned an indictment on Feb. 15, which was unsealed today, charging a Lee County, Florida resident with mail fraud, money laundering, and corruptly endeavoring to impede the administration of the internal revenue laws, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney A. Lee Bentley III for the Middle District of Florida.
According to the indictment, Attila Kalmar filed 2007 through 2009 trust returns with the Internal Revenue Service (IRS) in the name of First AK-Open Sec Trust, a nominee entity, seeking more than $480,000 in fraudulent refunds. Kalmar deposited a refund check he received as a result of these filings into a bank account, and then used the proceeds to purchase real property, acquire thousands of dollars in gold coins, and wire money overseas. The indictment further alleges that Kalmar attempted to impede the internal revenue laws by transferring funds between nominee bank accounts and falsely representing to the IRS that an IRS revenue officer was the trustee for First AK-Open Sec Trust.
An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Kalmar faces a statutory maximum sentence of 20 years in prison for each mail fraud count, 10 years in prison for each money laundering count, and three years in prison for corruptly endeavoring to impede the administration of the internal revenue laws. Kalmar also faces a period of supervised release, restitution, forfeiture, and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Bentley commended special agents of IRS–Criminal Investigation and Treasury Inspector General for Tax Administration (TIGTA), who conducted the investigation, and Trial Attorneys Kathryn A. Kimball and William M. Montague of the Tax Division and Assistant U.S. Attorney Michael C. Baggé-Hernández of the Middle District of Florida, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Kalmar IndictmentBrooksville Man Sentenced to More Than Five Years for Being A Felon in Possession of A Firearm and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Chamberlain Chaney (26, Brooksville) to 5 years and 10 months in federal prison for being a felon in possession of a firearm and ammunition. The Court also ordered him to forfeit a Glock .40 caliber pistol and 15 rounds of ammunition.
Chaney pleaded guilty on October 4, 2016.
According to court documents, on September 20, 2015, law enforcement officers attempted to speak with Chaney about a recent robbery. He ran from the officers, discarding a fully loaded Glock pistol that had been stolen. Prior to his arrest in this case, Chaney had prior convictions for aggravated assault with a deadly weapon, carrying a concealed firearm, and resisting a law enforcement officer with violence. As a result, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Tampa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Natalie Hirt Adams.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Brandon Man Sentenced for Stealing Checks and Money Orders from U.S. Postal MailboxesRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Carlos Sarabasa Cobas (30, Brandon) to three years and five months in federal prison for conspiracy to commit bank fraud. The Court also entered a money judgment in the amount of $123,225.80, and a restitution order requiring Cobas to pay $46,232.45 to the victims of his crime. He pleaded guilty on November 17, 2016.
According to court documents, Cobas engaged in a scheme to defraud the United States and financial institutions by negotiating money orders and checks that he had stolen from various U.S. Postal Service mail collection boxes in several Florida counties, including Hillsborough, Pinellas, Pasco, Polk, and Sarasota. Cobas used “fishing” devices constructed of duct tape, string, and metal objects to burglarize the mailboxes. He then discarded the unwanted mail and kept the money orders and checks that he then washed or altered before depositing, or distributing them to be deposited by others, into bank accounts held by the conspirators at several financial institutions.
This case was investigated by the U.S. Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Megan Kistler and Daniel George.
Jacksonville Man Sentenced for Stealing Nearly A Quarter Million Dollars of Social Security Disability BenefitsRead the Press Release
Jacksonville, FL – U.S. District Judge Brian Davis has sentenced Robert Lee Lanier (57, Jacksonville) to 18 months in federal prison for theft of more than $236,000 in government property. He pleaded guilty on November 18, 2016.
According to court documents and sentencing testimony, Lanier had been receiving Social Security Disability Benefits and Medicare Benefits since 1995. In receiving the benefits, he indicated that he was unable to work. However, Lanier was actually operating a Handyman Service and boasted that he had “made millions of dollars” running the business. While receiving disability benefits, he was completing home repairs, performing trim work, building fences, and doing other home improvements. He admitted that he had lied to investigators and that he knew he would be disqualified and lose his benefits if the government knew he was capable of working. In all, Lanier received more than $155,316 from the Social Security Administration and more than $81,365 from the Medicare program over the past eight years.
This case was investigated by the Social Security Administration - Office of the Inspector General and the Department of Health and Human Services – Office of Inspector General. It was prosecuted by Assistant United States Attorney Jason Mehta.
Two Florida Realtors Plead Guilty to Mortgage Fraud ChargesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that David Cevallos (46, Miami) and Osbel Sanchez (45, Tampa) have pleaded guilty to conspiracy to commit wire fraud affecting a financial institution. Each faces a maximum penalty of 30 years in federal prison. Sanchez’s sentencing hearing has been set for April 24, 2017, and Cevallos’s sentencing hearing has been set for May 8, 2017.
According to the plea agreements, between summer 2008 and January 2009, Cevallos and Sanchez conspired with each other and others to fraudulently induce lenders into making mortgage loans based upon false information. This conspiracy involved a series of real estate transactions where the parties, including Cevallos and Sanchez, would make or cover up false statements made to the lenders regarding the source of down payments for the real estate transactions, and the manner in which the mortgage funds would be distributed. Most of these transactions involved Tribute Residential, a real estate development company operated by co-conspirator Rebecca Gheiler, as the seller.
Specifically, the parties represented to the lenders that down payments for these properties were being provided by the individuals purchasing the properties, when in fact they were provided by Cevallos or Sanchez. After the transactions had closed and the mortgage funds were released to Tribute Residential, Gheiler would arrange for the post-closing payments of the mortgage proceeds to be provided to Cevallos’s real estate firm, Metro Brokers. These post-closing payments reimbursed Cevallos for the money that he or Sanchez had provided to cover the buyer’s down payments, and to provide post-closing commissions from funds that were supposed to go to the seller. As a result, the lenders were unknowingly funding the down payment for the transactions (as well as undisclosed commissions) from the mortgage proceeds themselves, and were being misled as to the true value of the properties for which they were providing loans.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the Florida Office of Financial Regulation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu and Special Assistant United States Attorney Chris Poor.
Orlando Man Sentenced to Ten Years for Possessing A Firearm and Distributing Drugs in Pine HillsRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Nicholas Damion Paisley (34, Orlando) to 10 years in federal prison for distributing cocaine; possessing with the intent to distribute crack cocaine, cocaine and marijuana; and possessing a firearm in the furtherance of a drug trafficking crime. He pleaded guilty on November 18, 2016.
According to court documents and sentencing testimony, Paisley, along with others, distributed cocaine, crack cocaine, and marijuana out of a residence in the Pine Hills area of Orlando. On August 4, 2016, law enforcement officers arrested Paisley at the home and recovered four firearms, including an AK47-style assault rifle with a scope, collapsible stock, and an extended magazine. In addition, they seized distribution amounts of crack cocaine, cocaine, and marijuana.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
Manatee County Probationer Sentenced to More Than Six Years for Possessing A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Pedro Garcia (34, Manatee County) to six years and six months in federal prison for knowingly possessing a firearm as a convicted felon. The Court also ordered him to forfeit the firearm and ammunition involved in the offense.
Garcia was found guilty on November 2, 2016.
According to court documents, on November 9, 2015, various law enforcement authorities conducted a compliance search relating to a state conviction at Garcia’s residence, pursuant to the terms of Garcia’s probation. During the search, officers found a loaded Ruger, 9mm pistol, various types of 9mm and .45 caliber ammunition, and drug paraphernalia. As a convicted felon, Garcia is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Florida Department of Corrections Probation & Parole Field Service Office, and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kaitlin R. O’Donnell.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Five Charged in Steroid Distribution ConspiracyRead the Press Release
Jacksonville, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Donald McCloud Long (50), Sarah Ann Long (33), Armando F. Aman (37), all of Jacksonville, and Shelby Travis Phillips (26, Savannah, GA) with conspiracy to manufacture, distribute and possess with the intent to distribute, anabolic steroids. Taylor Salvione (25, Gloversville, NY) was also charged separately for the same offense. If convicted, each faces a 10-year term of imprisonment and a $500,000 fine.
According to the indictment, from in or about December 2013, through on or about September 27, 2016, the defendants conspired to manufacture, distribute, and possess with intent to distribute anabolic steroids, a Schedule III controlled substance. Salvione is charged with participating in the conspiracy from March 2015 through April 2016.
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.
These cases were part of Operation Total Package, led by the Drug Enforcement Administration (DEA). It was a collaboration among the DEA, the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Postal Inspection Service, the U.S. Customs and Border Patrol, the Jacksonville Sheriff’s Office, the Jacksonville Beach Police Department, the Green Cove Springs Police Department, the Internal Revenue Service – Criminal Investigation, and the U.S. Anti-Doping Agency. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.
Bradenton Man Sentenced to Ten Years for Possessing A Loaded Firearm and HeroinRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Brandon Williams (31, Bradenton) to 10 years in federal prison for possessing a firearm and ammunition as a convicted felon, and knowingly possessing heroin with an intent to distribute. The Court also ordered him to forfeit the firearm and ammunition involved in the offense.
Williams was found guilty by a federal jury on November 10, 2016.
According to court documents, on June 13, 2015, Williams possessed a firearm and heroin. The firearm was loaded with nine rounds of .40 caliber ammunition. A law enforcement aviation unit observed Williams attempting to discard the firearm and heroin as officers arrived at the scene on foot. As a previously convicted felon, Williams 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 Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Carlton C. Gammons.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Spring Hill Man Pleads Guilty to Bankruptcy FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that John Franklin Coleman, III (46, Spring Hill) today pleaded guilty to bankruptcy fraud. He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, from in or around 2009, through in or around 2012, Coleman worked as a manager and executive at American Mortgage Field Services, LLC (AMFS) and conducted inspections of residential and commercial properties, including distressed properties in various stages of sale and/or foreclosure. While acting as Vice President of AMFS, Coleman filed for relief under Chapter 7 of the Bankruptcy Code on or about May 3, 2011. Along with the petition, he filed schedules and statements, signed by him under penalty of perjury. Most notably, on the “statistical summary of certain liabilities and related data,” Coleman reported his average monthly income as $6,234.42. However, the investigation showed that he had requested to receive and had received much of his income from AMFS immediately before and during the bankruptcy via checks, rather than the automated payroll system. These payments were made out to Coleman and not included in the bankruptcy filings.
During the investigation, a former AMFS employee recalled that in or around late 2010, Coleman, who was working as AMFS’s Vice President at the time, began asking to receive half of his pay through the payroll company (ADP), and the other half through company checks that were made out to him personally. The purpose of this payment arrangement was to conceal Coleman’s true financial status.
This case was investigated by the Federal Housing Finance Agency and the U.S. Secret Service. It is being prosecuted by Assistant United States Attorney Mandy Riedel.
Manager of an Orlando-Area Heroin Trafficking Organization Sentenced to 20 Years in PrisonRead the Press Release
Orlando, Florida – United States District Judge Carlos E. Mendoza today sentenced Zuleyka Jeanette Colon-Rivera (25, Orlando) to 20 years in federal prison for conspiracy to distribute and possess with the intent to distribute heroin, and distributing and possessing with the intent to distribute heroin. Colon-Rivera was found guilty by a jury on October 26, 2016.
According to testimony and evidence presented at trial, Colon-Rivera was part of a drug trafficking organization called “La Compania” or “the Company” that operated primarily in the Orlando tourist district, near International Drive. Colon-Rivera’s responsibilities in the organization included controlling the telephone that was used to communicate with customers, supplying heroin to the organization’s street-level dealers, and collecting money from the dealers at the end of their shifts.
During the course of this investigation, Colon-Rivera sold large quantities of heroin to undercover agents on two separate occasions. In addition, on February 24, 2016, law enforcement agents seized 200 bags of heroin, two firearms, ammunition, and over $10,000 in cash from Colon-Rivera’s residence.
The organization distributed approximately one kilogram of heroin every two weeks. During the conspiracy, Colon-Rivera was responsible for the distribution of at least 10 kilograms of heroin.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “La Compania.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the Orange County Sheriff’s Office, the Metropolitan Bureau of Investigation, the U.S. Marshals Service, the Federal Bureau of Investigation, the Orlando Police Department, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Kissimmee Police Department, the Osceola County Investigative Bureau, and the Virginia State Police. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
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.
Tampa Man Pleads Guilty to Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Weldon Malveau (41, Tampa) yesterday pleaded guilty to theft of government property. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, between January 2011 and March 2012, Malveau was involved in a scheme to file false and fraudulent income tax returns with the Internal Revenue Service (IRS) in order to generate large refunds that were deposited onto debit cards. When law enforcement officers arrested Malveau on March 15, 2012, he had 26 debit cards in the names of different individuals in his possession, along with ledgers containing names and social security numbers. The investigation revealed that the IRS had received fraudulent tax returns and issued refunds in the names of many of those individuals, totaling approximately $342,563, which was traced back to Malveau. An analysis of the debit cards in Malveau’s possession revealed that he had purchased a 2010 Porsche Panamera for $85,000 with the proceeds from his scheme. As part of the plea agreement, Malveau agreed to forfeit the Porsche.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Adam M. Saltzman.
Former Chief of Staff to Member of Congress Pleads Guilty to Fraud and Theft ChargesRead the Press Release
A former Congressional chief of staff pleaded guilty today for his role in a conspiracy and fraud scheme involving a fraudulent scholarship charity, and for stealing tens of thousands of dollars in congressional salary payments disbursed to a close relative who performed no known work.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Charles P. Spencer of the FBI’s Jacksonville, Florida, Division and Special Agent in Charge Mary Hammond of the Internal Revenue Service-Criminal Investigation (IRS-CI) Tampa, Florida, Field Office made the announcement.
Elias "Ronnie" Simmons, 51, of Laurel, Maryland, pleaded guilty to one count of conspiracy to commit mail and wire fraud and one count of theft of government property before U.S. Magistrate Judge James R. Klindt of the Middle District of Florida. A sentencing hearing has not yet been set.
In connection with his guilty plea, Simmons admitted that, between late 2012 and early 2016, he and a co-defendant, former Congresswoman Corrine Brown, 70, of Jacksonville, Florida, participated in a fraudulent scheme involving the One Door for Education – Amy Anderson Scholarship Fund (One Door) in which the two 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 things. As part of the scheme, Simmons admitted that he and Brown solicited donations from individuals and corporate entities that Brown knew by virtue of her position in the U.S. House of Representatives, many of which the defendants led to believe that One Door was a properly registered 501(c)(3) non-profit organization, when, in fact, it was not.
Simmons further admitted that, contrary to his and Brown’s misrepresentations, Brown, Simmons, One Door president Carla 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. Simmons admitted that he engaged in such cash transactions involving funds from the One Door bank account at Brown’s direction. In one instance, Simmons admitted depositing $2,100 in One Door funds into Brown’s personal bank account the same day that Brown wrote a check for a similar amount to pay taxes to the IRS. Likewise, Simmons admitted that he and Brown also used the outside consulting company of one of Brown’s employees to funnel One Door and other funds to Brown and others for their personal use. Further, Simmons acknowledged that more than $200,000 in One Door funds also 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 between the Washington Redskins and the Jacksonville Jaguars in the Washington, D.C. area.
Despite raising over $800,000 in donations, Simmons admitted that One Door was associated with only two scholarships, totaling $1,200, awarded to students to cover expenses related to attending a college or university.
In connection with his guilty plea, Simmons also 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.
Simmons and Brown originally were indicted in July 2016. Brown’s trial has been set for April 24, 2017. The charges and allegations against Brown are merely accusations, and she is presumed innocent until and unless proven guilty. Wiley, the president of One Door, pleaded guilty to wire fraud conspiracy on March 3, 2016, and will be sentenced on June 12, 2017.
The FBI’s Jacksonville Division and IRS-CI investigated the case. 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 are prosecuting the case.
Simmons Plea AgreementFormer Chief of Staff to Member of Congress Pleads Guilty to Fraud and Theft ChargesRead the Press Release
Jacksonville, FL - A former Congressional chief of staff pleaded guilty today for his role in a conspiracy and fraud scheme involving a fraudulent scholarship charity, and for stealing tens of thousands of dollars in congressional salary payments disbursed to a close relative who performed no known work.
U.S. Attorney A. Lee Bentley, III of the Middle District of Florida, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Special Agent in Charge Charles P. Spencer of the FBI’s Jacksonville, Florida, Division, and Special Agent in Charge Mary Hammond of the Internal Revenue Service-Criminal Investigation (IRS-CI) Tampa, Florida, Field Office made the announcement.
Elias “Ronnie” Simmons, 51, of Laurel, Maryland, pleaded guilty to one count of conspiracy to commit mail and wire fraud and one count of theft of government property before U.S. Magistrate Judge James R. Klindt of the Middle District of Florida. A sentencing hearing has not yet been set.
In connection with his guilty plea, Simmons admitted that, between late 2012 and early 2016, he and a co-defendant, former Congresswoman Corrine Brown, 70, of Jacksonville, Florida, participated in fraudulent scheme involving the One Door for Education – Amy Anderson Scholarship Fund (One Door) in which the two 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 things. As part of the scheme, Simmons admitted that he and Brown solicited donations from individuals and corporate entities that Brown knew by virtue of her position in the U.S. House of Representatives, many of which the defendants led to believe that One Door was a properly registered 501(c)(3) non-profit organization, when, in fact, it was not.
Simmons further admitted that, contrary to his and Brown’s misrepresentations, Brown, Simmons, One Door president Carla 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. Simmons admitted that he engaged in such cash transactions involving funds from the One Door bank account at Brown’s direction. In one instance, Simmons admitted depositing $2,100 in One Door funds into Brown’s personal bank account the same day that Brown wrote a check for a similar amount to pay taxes to the IRS. Likewise, Simmons admitted that he and Brown also used the outside consulting company of one of Brown’s employees to funnel One Door and other funds to Brown and others for their personal use. Further, Simmons acknowledged that more than $200,000 in One Door funds also 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 between the Washington Redskins and the Jacksonville Jaguars in the Washington, D.C. area.
Despite raising over $800,000 in donations, Simmons admitted that One Door was associated with only two scholarships, totaling $1,200, awarded to students to cover expenses related to attending a college or university.
In connection with his guilty plea, Simmons also 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.
Simmons and Brown originally were indicted in July 2016. Brown’s trial has been set for April 24, 2017. The charges and allegations against Brown are merely accusations, and she is presumed innocent until and unless proven guilty. Wiley, the president of One Door, pleaded guilty to wire fraud conspiracy on March 3, 2016, and will be sentenced on June 12, 2017.
The FBI’s Jacksonville Division and IRS-CI investigated the case. 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 are prosecuting the case.
Florida Man Pleads Guilty to Hate Crimes for Threatening Muslim Grocery Store OwnersRead the Press Release
James Benjamin Jones, 35, pleaded guilty today to two federal hate crimes for threatening two Muslim grocery stores in Fort Myers, Florida, announced Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division and U.S. Attorney A. Lee Bentley III for the Middle District of Florida.
During the plea proceedings, Jones admitted that he threatened the owners of two Muslim grocery stores last year. In June, he threatened to harm the owner of Halal Meat and Grocery, if he did not close down his business. Specifically, Jones threatened the owner “to shut down the business” and said that “four people will come with guns and they will blow up [the owner]” if the store was not closed in one month. The defendant further stated that he and others would be “keeping an eye” on the owner to ensure that the owner was closing the business, as Jones and others “will blow up all Muslims and get this land back.” Later in July, Jones threatened the owner of Sahara Mediterranean Market to close his business down. Jones told the owner of this grocery store that he (Jones) was from “the good temple” and that “we decided whatever happened in Orlando is not gonna (sic) happen again. We don’t need no halal business in the area either you or the other guys (referring to the Halal Meat and Grocery Store) back there.” Jones then told the owner, “so for your safety and your family’s safety, you got two months to go, to leave.”“The defendant made violent threats in an attempt to extinguish people’s economic livelihood simply because of their religion,” said Acting Assistant Attorney General Wheeler. “The Justice Department is committed to vigorously prosecuting the federal laws that prohibit such conduct.”
“Our Office is committed to prosecuting those who threaten others on the basis of their national origin or religious beliefs,” said U.S. Attorney Bentley.
A sentencing hearing has not yet been set.The FBI and the Fort Myers Police Department investigated this matter. Assistant U.S. Attorney Jesus M. Casas of the Middle District of Florida and Trial Attorney Maura White of the Civil Rights Division’s Criminal Section are prosecuting the case.
Florida Man Pleads Guilty to Hate Crimes for Threatening Muslim Grocery Store OwnersRead the Press Release
Fort Myers, FL – James Benjamin Jones (34, Fort Myers) pleaded guilty today to two federal hate crimes for threatening two Muslim grocery stores in Fort Myers announced U.S. Attorney A. Lee Bentley, III and Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights.
During the plea proceedings, Jones admitted that he threatened the owners of two Muslim grocery stores last year. In June, he threatened to harm the owner of Halal Meat and Grocery, if he did not close down his business. Specifically, Jones threatened the owner “to shut down the business” and said that “four people will come with guns and they will blow up [the owner]” if the store was not closed in one month. The defendant further stated that he and others would be “keeping an eye” on the owner to ensure that the owner was closing the business, as Jones and others “will blow up all Muslims and get this land back.” Later in July, Jones threatened the owner of Sahara Mediterranean Market to close his business down. Jones told the owner of this grocery store that he (Jones) was from “the good temple” and that “we decided whatever happened in Orlando is not gonna (sic) happen again. We don’t need no halal business in the area either you or the other guys (referring to the Halal Meat and Grocery Store) back there.” Jones then told the owner, “so for your safety and your family’s safety, you got two months to go, to leave.”
“The defendant made violent threats in an attempt to extinguish people’s economic livelihood simply because of their religion,” said Acting Assistant Attorney General Wheeler. “The Justice Department is committed to vigorously prosecuting the federal laws that prohibit such conduct.”
“Our Office is committed to prosecuting those who threaten others on the basis of their national origin or religious beliefs,” said U.S. Attorney Bentley.
A sentencing hearing has not yet been set.
The FBI and the Fort Myers Police Department investigated this matter. Assistant U.S. Attorney Jesus M. Casas of the Middle District of Florida and Trial Attorney Maura White of the Civil Rights Division’s Criminal Section are prosecuting the case.
Federal Jury Convicts A Jacksonville Gang Founder for Possessing A FirearmRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Maurice Phillip Mitchell (32, Jacksonville) guilty of unlawfully possessing a firearm after having been convicted of a felony. Due to his status as an Armed Career Criminal, he faces a mandatory minimum penalty of 15 years, up to life, in federal prison. A sentencing date has not yet been set. Mitchell has been identified as the founder of a violent gang (“Cut Throat Committee”) operating within Florida’s prison system.
Mitchell was indicted on April 28, 2016.
According to evidence presented at trial, Mitchell was operating a minivan in the Lackawanna area of Jacksonville on February 29, 2016, when he was encountered by a patrol officer with the Jacksonville Sheriff’s Office (JSO). The officer observed signs of intoxication and pursued Mitchell, who led the officer on a high-speed chase and ultimately crashed the minivan into a tree. Mitchell then exited the vehicle and fled on foot. A second JSO patrol officer, who had responded to assist, apprehended Mitchell a short time later, after finding him hiding under an SUV in a nearby parking lot. Upon returning to the scene of the crash, officers found a firearm on the dashboard of the crashed minivan. As a previously convicted felon, Mitchell was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Kelly Karase.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Former Sarasota Woman Sentenced to Federal Prison for Fraudulently Obtaining Legal Status for AlienRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Margaret Mary Epps, a/k/a Margaret Monroy (39, Los Angeles, California), to seven months in federal prison for immigration fraud. She pleaded guilty on November 7, 2016.
According to court documents, in September 2013, Epps, who was already married, entered into a second marriage with a Mexican citizen. She then fraudulently petitioned for the alien to enter the United States as her husband, while she was still living with her real husband in Sarasota. Between October 2013 and June 2014, Epps made multiple false statements to the U.S. Citizenship and Immigration Services (“USCIS”) and created false and fraudulent documents in order to convince the USCIS to permit the alien to lawfully enter the United States. In documents filed with the USCIS, Epps falsely stated that she had no prior spouse, that she had no prior dependent children, and that she was employed at a Sarasota elementary school. In fact, Epps was married, had two minor children, and had never been employed at the school.
In connection with her petitions to USCIS, Epps submitted multiple false documents, including a fraudulent Form 1040 U.S. Individual Income Tax Return and a W-2 form purporting to reflect more than $40,000 in income from the elementary school in 2013; a fraudulent earnings statements purporting to show income from the elementary school in 2014; a fraudulent notarized letter purporting to be from Epps’s mother affirming the marriage to the alien in which Epps had forged her mother’s signature and the notary seal; and a fraudulent birth certificate.
Based on Epps’s false representations, the alien was issued a lawful permanent resident card in January, 2015.
"This crime undermines our nation’s legitimate immigration system and creates a security vulnerability,” said Susan L. McCormick, special agent in charge of Tampa. “This criminal was looking for an illegal shortcut to obtain the benefits of U.S. citizenship. HSI special agents will continue to aggressively investigate this type of criminal activity.”
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.
Felon Convicted of Assaulting A Federal Officer with A Dangerous and Deadly WeaponRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Abasi Akeem Smith (30, Orlando) guilty of assaulting a federal officer with a dangerous or deadly weapon. Smith, who was on federal supervised release at the time and whose criminal history includes multiple drug-trafficking convictions, faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for April 25, 2017. Smith was indicted on September 21, 2016.
According to testimony and evidence presented at trial, on March 30, 2016, task force officers with the U.S. Marshals Service Florida/Caribbean Regional Fugitive Task Force were seeking to apprehend Smith pursuant to a felony arrest warrant, and they located Smith while he was driving a vehicle. When the officers attempted to block Smith into a parking lot to arrest him, Smith rammed one of the vehicles that an officer was driving, then attempted to escape before hitting a fence and an unoccupied vehicle. Smith subsequently jumped over the fence and fled on foot, but the officers were able to apprehend him.
This case was investigated by U.S. Marshals Service, the Orange County Sheriff’s Office, and the Seminole County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.
United States Postal Employees Prosecuted for Conspiracy to Defraud the United States and TheftRead the Press Release
Jacksonville, Florida – U.S. Attorney A. Lee Bentley, III announces the arrest of U.S. Postal employee Badi Mohamed (30, Jacksonville) on January 31, 2017, for conspiracy to defraud the United States, theft of government money, and theft of mail. If convicted, he faces up to 10 years’ imprisonment, and he could be ordered to pay at least $20,741 in restitution to the Internal Revenue Service.
In addition, U.S. District Judge Brian J. Davis yesterday sentenced U.S. Postal employee Veronica Skrine (54, Jacksonville) to two years’ probation in a related case, which includes a one-month term of home confinement, for conspiracy to defraud the United States and theft of government property. She also was ordered to pay $44,334.23 in restitution to the Internal Revenue Service. Skrine pleaded guilty on November 18, 2016.
According to court documents, Skrine conspired with another individual, Lorne Jordan, to cash stolen United States Treasury checks in the names of others. She and Jordan entered into an arrangement in 2013, and again in 2015, to use her employment at a U.S. Post Office to accept Treasury checks in other persons’ names and to cash them using funds held by the U.S. Postal Service. Skrine was paid $100 per $1,000 of the face value of each check.
On August 23, 2016, Jordan was sentenced to four years and three months in federal prison for conspiracy to defraud the United States, theft of government funds, and aggravated identity theft. She also was ordered to pay restitution to the Internal Revenue Service in the amount of $120,713.09.
These cases were investigated by the Internal Revenue Service - Criminal Investigation, the U.S. Postal Inspection Service - Office of Inspector General, the Florida Department of Law Enforcement, and the North Florida Financial Crimes Task Force. The cases are being prosecuted by Assistant United States Attorney Kelly S. Karase.
Tampa Bay Man Sentenced to Twenty Years for Production of Child PornographyRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Honeywell today sentenced Paul Dale Pollitt, III (40) to 20 years in federal prison for production of child pornography. The Court also ordered him to forfeit the cellphone he had used to commit the offense. Pollitt pleaded guilty on November 15, 2016.
According to court documents, an undercover police detective working as part of a multi-jurisdictional Child Exploitation Task Force posted an online advertisement on a site frequented by individuals that have a sexual interest in children. In November 2015, Pollitt reached out to this undercover officer, believing him to be a man similarly interested in this type of activity.
Pollitt chatted with the undercover officer for several days and traded multiple images of a child, including an image of child pornography. Pollitt told the undercover officer that he would be seeing the child the following weekend, and intended to take additional photographs of her. Law enforcement officers then engaged in an effort to identify and locate Pollitt before he would again have access to the victim.
Ultimately, Pollitt was arrested and his electronic devices were seized. A review of those devices revealed that Pollitt had been chatting with anonymous men online about molesting the victim for over a year. Several additional photographs were found of the victim, including several additional images of child pornography.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Rachel K. Jones 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 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.
Largo Man Sentenced to Almost 13 Years for Trafficking MethamphetamineRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Zhenya Bulgakov (40, Largo) to 12 years and 11 months in federal prison for possessing with the intent to distribute 50 grams or more of methamphetamine. The Court also ordered him to forfeit a Hummer limousine that is traceable to the proceeds of the offense. Bulgakov pleaded guilty on September 19, 2016.
According to court documents, on April 29, 2016, Bulgakov was driving with a passenger in his truck in the Clearwater Beach area. During a traffic stop and search of that vehicle, law enforcement officers located a hidden safe containing more than $113,000 in cash and approximately 360 grams of 99% pure methamphetamine. Prior to that date, Bulgakov had purchased, transported, and sold 14 pounds of methamphetamine and had arranged to purchase a similar amount in the near future.
This case was investigated by the FBI. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.
Jacksonville Man Arrested for His Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III, announces the arrest of Dreshawn Royell Mays (23, Jacksonville) for conspiracy to defraud the United States, theft of government money, and aggravated identity theft. If convicted, he faces 12 years’ imprisonment and could be ordered to pay restitution of at least $67,859 to the Internal Revenue Service. Earlier this week, Mays was ordered detained pending trial. He was indicted on May 26, 2016.
Charmaine Bates (42, Jacksonville) also was indicted on May 26, 2016, and she has since pleaded guilty to conspiracy to defraud the United States and aggravated identity theft. Her sentencing hearing is scheduled for February 28, 2017, in Jacksonville.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
The case was investigated by the Internal Revenue Service - Criminal Investigation’s North Florida Financial Crimes Task Force, which is comprised of Internal Revenue Service – Criminal Investigation, the United States Secret Service, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.
Jacksonville Businessman Sentenced to 14 Years in Connection with Faking His DeathRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Jose Salvador Lantigua (63) to 14 years in federal prison for bank fraud and conspiracy to commit mail and wire fraud. His wife, Daphne Simpson, was sentenced to 5 years’ probation but had already served 17 months of pretrial detention. Both will also be ordered to make complete restitution to the victims of the charged offenses. They pleaded guilty in September 2016.
According to court documents, Lantigua owned and operated Circle K, a furniture store in Jacksonville. In 2012, Circle K was suffering financial problems and Lantigua sought financing for the business from banks and personal lenders. Using false and fraudulent documents, Lantigua procured $2 million in loans from a Jacksonville bank.
In January 2013, Lantigua lied to Simpson and told her that he was suffering from Creutzfeldt-Jakob Disease (CJD), commonly referred to as “Mad Cow Disease,” that he had six months to a year to live, and that he could receive surgical treatment for his disease, but not in the United States. Initially, Lantigua told Simpson that he would be traveling to Colombia, South America, for the potentially life-saving surgery. Shortly before he was scheduled to leave, however, he told her that he did not have CJD, but that his past was catching up with him from his time with an Army military special operations “team.” He explained that the “team” had killed a drug cartel leader and he was currently being blackmailed by a rogue CIA agent who would expose Lantigua’s identity to the alleged cartel member’s son if he did not satisfy the blackmail demands. He also told his wife that both their families were in danger and that he needed to fake his death in order to protect them. This new explanation was also entirely false. Lantigua then developed a plan to leave the country and to secure a fraudulent death certificate.
In April 2013, Lantigua traveled to Margarita Island, just off the coast of Venezuela, and purchased a sham death certificate and a fraudulent certificate of cremation. Later in the month, Simpson joined Lantigua in Venezuela, where she obtained a certificate of death abroad using the sham death certificate and certificate of cremation. She then returned to Jacksonville.
In June 2013, Simpson began to submit fraudulent claims to seven life insurance companies. The death benefit applications claimed that her husband had died due to complications from CJD and that the purpose of his trip to Venezuela had been to seek medical treatment. In total, Lantigua had seven separate life insurance policies cumulatively valued at more than $6.6 million. Based upon issues identified by several of the companies, however, only three polices paid death benefits, which totaled $871,067.11.
In the fall of 2013, Simpson took a cruise to the Bahamas to meet up with Lantigua. While in the Bahamas, they paid an individual $5,000 to smuggle them into the United States on a fishing boat. Once in the United States, Lantigua traveled under a false identification, using the name Harry Fields. In early December 2013, he traveled by bus to Jacksonville, where Simpson picked him up and they drove to a house they had purchased on their honeymoon in Cashiers, North Carolina.
On September 30, 2014, Lantigua went to a North Carolina Department of Motor Vehicles office and fraudulently obtained a driver’s license in a false name. Less than two months later, he went to a United States Post Office in North Carolina and fraudulently applied for a passport using the false name. Officials detected the passport fraud and also discovered a previous passport issued in the name Jose Salvador Lantigua.
On March 21, 2015, Special Agents from the State Department and the North Carolina State Bureau of Investigations conducted surveillance near the home that Lantigua had used in his fraudulent applications, confronted Lantigua, and then arrested him.
This case was investigated by the United States State Department, the United States Department of Health and Human Services, the Internal Revenue Service, the North Carolina Bureau of Investigations, and the Florida Department of Financial Services. It was prosecuted by Assistant United States Attorney Mark B. Devereaux.
Ecuadorian Man Sentenced to 14 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Freddy Geovainni Mero Ancentales (36, Ecuador, South America) to 14 years in federal prison for conspiring with others to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. In January 2017, Judge Kovachevich sentenced co-defendants Juan Pablo Anchundia Calderon (38) and Joffre Lizandro Vilela Valencia (34), both of Ecuador, to 11 years and 3 months and 8 years and 1 month in federal prison, respectively, for committing the same offense.
Calderon and Vilela Valencia pleaded guilty on July 22, 2016. Mero Ancentales pleaded guilty on August 31, 2016.
According to court documents, in April 2016, Mero Ancentales, Vilela Valencia, and Anchundia Calderon were interdicted by the U.S. Coast Guard in the eastern Pacific Ocean and were caught jettisoning 14 bales of cocaine, weighing approximately 698 kilograms.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Assistant United States Attorney Frank Murray and former Special Assistant United States Attorney James R. Zoll.
Tampa Man Sentenced to Six Years in Federal Prison for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Adrian Lark to six years in federal prison for theft of government funds and aggravated identity theft. He pleaded guilty on September 28, 2016.
According to court documents, between May 2011 and May 2013, Lark obtained the personal identifying information (PII) of others and then used it to file fraudulent tax returns with the IRS. During a search of his residence, law enforcement officers discovered notebooks of PII, as well as debit cards in other individuals’ names. The investigation revealed that Lark had filed more than 200 fraudulent tax returns requesting approximately $1.2 million in fraudulent tax refunds.
This case was investigated by Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorneys Sara C. Sweeney and Adam Saltzman.
Lake City Man Pleads Guilty to Drug and Firearms ChargesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Joseph Anthony Harris (51, Lake City) today pleaded guilty to possession with intent to distribute crack cocaine and possession of a firearm in furtherance of a drug trafficking crime. He faces up to 20 years in federal prison for the drug offense, to be followed by a minimum mandatory sentence of 5 years, up to life, in federal prison for the firearm offense.
According to the plea agreement, after Harris sold cocaine to a confidential informant, a multi-jurisdictional task force obtained a search warrant for his home. When officers arrived to execute the warrant, Harris fled, leading them on a car chase through his neighborhood. During the chase, Harris threw a bottle containing crack cocaine from his car. He eventually stopped and was arrested. In his home, officers found more crack cocaine and a loaded .38 caliber handgun.
This case was investigated by the Columbia County Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
International Fugitive from Child Exploitation Charge ApprehendedRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the arrest of David Wright (28, Sebastian, FL) in the Eastern District of Virginia. Wright has been charged in two separate indictments with attempted enticement of a minor and failure to appear, respectively. If convicted of the attempted enticement charge, he faces a maximum penalty of life in federal prison. If convicted of the failure to appear charge, he faces a maximum penalty of 10 years in federal prison.
According to court documents, between January 2 and January 9, 2013, Wright attempted to entice a minor to engage in sexual activity. He failed to appear for his federal trial in the Middle District of Florida and on June 11, 2014, a bench warrant was issued. Wright fled to Dubai but was apprehended by law enforcement. After his arrest, he was remanded to the custody of the United States Marshals Service pending further proceedings in the Middle District of Florida.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Marshals Service. It will be prosecuted by Assistant United States Attorney James D. Mandolfo.
Holiday Man Sentenced to Forty Years for Armed Bank RobberiesRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Anthony Maresca (54, Holiday) to 40 years in federal prison for multiple armed bank robberies in the Tampa Bay Area. He pleaded guilty in October 2016.
According to court documents, beginning in late 2014, Maresca robbed eight banks in Pinellas and Pasco counties over a six-month period. Each time, he wore a disguise, pointed a silver handgun at the teller, and demanded cash. The robbery spree began shortly after Maresca learned that law enforcement officers wanted to question him regarding the 2014 murder of Pasco county resident Billy Shuler. Maresca left his Holiday home and lived out of local motels until he was eventually arrested. The federal case has concluded and Maresca now faces a first degree murder charge in the Shuler case brought by state authorities.
The bank robberies were investigated by the Federal Bureau of Investigation, the Pinellas County Sheriff’s Office, the Pasco County Sheriff’s Office, the Hernando County Sheriff’s Office, the Clearwater Police Department, and the Pinellas Park Police Department. The case was prosecuted by Assistant United States Attorneys Michael Leeman and Simon Gaugush.
Five Members of Bradenton-Based Drug Trafficking Conspiracy Indicted for Federal Drug OffensesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Francisco Avellaneda-Hernandez, a/k/a “Flaco” (28, Bradenton), Gonzalo Delarosa, a/k/a “Gordo” (24, Bradenton), Glenn Olvera (25, Sarasota), Sergio David Gutierrez-Olmos, a/k/a “Chavo,” a/k/a “Chilango” (36, Bradenton), and Alexis Hernandez, a/k/a “Alex” (53, Atlanta, GA) with conspiracy to distribute and possess with the intent to distribute more than five-hundred grams of methamphetamine and more than one kilogram of heroin. If convicted on all counts, each faces a minimum mandatory of 10 years, up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit any assets that are alleged to be traceable to proceeds of the offense.
According to the indictment, between April and November 2016, the individuals conspired to distribute methamphetamine and heroin. In addition to the conspiracy, Avellaneda-Hernandez, Delarosa, Gutierrez-Olmos, and Olvera are charged in separate counts with possession of methamphetamine with the intent to distribute it.
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 is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Amarillo Sky.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the U.S. Customs and Border Patrol, the Polk County Sheriff’s Office, the Manatee County Sheriff’s Office, the Pasco County Sheriff’s Office, the Hardee County Sheriff’s Office, the Lakeland Police Department, the Plant City Police Department, and the New York Police Department. It will be prosecuted by Assistant United States Attorney Dan Baeza.
Federal Jury Convicts Three Brothers and Their Associate in A Massive Heroin ConspiracyRead the Press Release
Fort Myers, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found three brothers from Cape Coral, Gorge Antonio Vargas (34), Javier Martin Villar (47), and Daniel Vargas (32), and an associate, Zacharias Abab Aguedo (36, Fort Myers), guilty of conspiracy to possess with the intent to distribute one kilogram or more of heroin. The jury also found Gorge Vargas, Daniel Vargas, and Zacharias Abab Aguedo guilty of possession with the intent to distribute, and distribution of heroin. Javier Martin Villar previously pleaded to the same charge. Each faces a minimum mandatory penalty of 10 years, up to life, in federal prison. The sentencing hearings have been set for May 15, 2017.
According to evidence presented at trial, between January 1, 2013, and September 2, 2015, Gorge Vargas was the leader of the conspiracy that distributed massive quantities of heroin from a drug house located on Dean Street in the Tice neighborhood of Fort Myers. Vargas’s brother, Javier Martin Villar, joined the conspiracy in 2013, and his other brother, Daniel Vargas, joined the conspiracy in 2015. The brothers would receive large amounts of heroin from Chicago, repackage it into smaller baggies, and then distribute it in Fort Myers for $20 per bag.
As part of this case, deputies from the Lee County Sheriff’s Office (LCSO) seized more than 1.35 kilograms (approximately 3 pounds) of uncut heroin. At the time of the seizure, this was the largest single seizure of heroin in LCSO history. In addition, several firearms were recovered, including a pistol-grip style AK-47, two semi-automatic firearms, and one revolver, all of which were located in close proximity to distribution amounts of heroin. LCSO also seized multiple vehicles and more than $40,000 in connection with this heroin distribution conspiracy.
This case was investigated by the Lee County Sheriff’s Office Field Support Unit and the Federal Bureau of Investigation’s Violent Crimes Task Force. It is being prosecuted by Assistant United States Attorneys Charles Schmitz and Simon R. Eth.
Brevard County Man Sentenced to Fifteen Years for Conspiracy to Commit Money LaunderingRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced James Long (44, Brevard County) to 15 years in federal prison for conspiracy to commit money laundering. The Court also ordered him to forfeit numerous assets, including cash and real estate properties, which were proceeds traceable to the offense. He pleaded guilty on October 11, 2016.
According to the plea agreement, between 2010 and June 2013, Long and others used the Professional Pain Center located at 860 East State Road 434 in Longwood to cause the distribution and dispensation of controlled substances outside the usual course of professional practice and for no legitimate medical purpose.
Long, as president and owner of the clinic, employed approximately 10 physicians who were willing to write unlawful and invalid prescriptions for Schedule II and Schedule III controlled substances. Long admitted that doctors working for his clinic had engaged in a pattern of issuing prescriptions for controlled substances without a legitimate medical reason, outside the usual course of professional practice. According to the plea agreement, any reasonably prudent physician would not have issued such prescriptions for controlled substances in the quantity and combinations prescribed because of the danger of overdose and death, coupled with the likelihood of diversion.
Long and his conspirators also conducted financial transactions involving the drug proceeds to conceal the source of the funds. These transactions generally involved the structuring of cash deposits and the purchase of properties and other assets.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Fort Myers Urologist Agrees to Pay More Than $3.8 Million for Ordering Unnecessary Medical TestsRead the Press Release
Fort Myers, FL – United States Attorney A. Lee Bentley, III announces that Meir Daller, M.D. has agreed to pay $3.81 million to the government to resolve allegations that he violated the False Claims Act by causing claims to be submitted to federal health care programs for laboratory tests that were not medically necessary.
During the relevant time period, Dr. Daller was a urologist practicing as part of Gulfstream Urology, which was a division of 21st Century Oncology, LLC. 21st Century is a nationwide provider of integrated cancer care services that is headquartered in Fort Myers. As part of its business, 21st Century employs and affiliates with physicians in specialty fields such as radiation oncology, medical oncology, and urology.
The settlement announced today resolves allegations that Dr. Daller submitted claims to Medicare and Tricare for fluorescence in situ hybridization, or “FISH,” tests that were not medically necessary. FISH tests are laboratory tests performed on urine that can detect genetic abnormalities associated with bladder cancer. Medicare does not consider a FISH test reasonable or necessary unless it is used to monitor for tumor reoccurrence in a patient previously diagnosed with bladder cancer or unless, after performing a full urologic workup, the physician has reason to suspect that a patient with hematuria (i.e., blood in the urine) may have bladder cancer.
Beginning in 2009, Dr. Daller began referring all of the FISH testing ordered by him to a laboratory owned and operated by 21st Century. During the relevant time, Dr. Daller ordered over 13,000 separate FISH tests on his Medicare patients, making him the number one referring physician in the country with respect to FISH tests. Dr. Daller was paid bonuses by the company based, in part, on the number of FISH tests he referred to 21st Century laboratory. During the relevant time, Dr. Daller received approximately $2 million in bonus payments from 21st Century associated with these FISH tests.
The allegations that doctors affiliated with 21st Century were ordering unnecessary FISH tests were originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The original lawsuit was captioned United States, State of Florida, ex rel. Mariela Barnes v. Dr. David Spellberg, 21st Century Oncology and Naples Urology Associates, Civil Action No. 2:13-cv-228-FtM-38DNF (M.D. Fla.).
In addition to the civil settlement, Dr. Daller has entered into a three-year Integrity Agreement with the Office of Inspector General of the United States Department of Health and Human Services. The Integrity Agreement, among other obligations, requires Dr. Daller to retain an Independent Review Organization to perform a Claims Review, as well as an Electronic Health Records Review to evaluate the appropriateness of any revisions made to the medical record after initial entry, pursuant to Medicare and Medicaid requirements.
In addition to the settlement announced today with Dr. Daller, the United States previously entered into settlements relating to similar allegations with 21st Century Oncology for $19.75 million and urologists David Spellberg, M.D. and Robert Scappa, D.O. for $1,050,000 and $250,000, respectively. As a result, the United States’ total recovery relating to the investigation of the use of FISH tests by doctor’s affiliated with 21st Century is now $24,860,000.
The whistleblower, a former medical assistant who worked for David Spellberg, M.D. at Naples Urology Associates, which was also a division of 21st Century Oncology, will receive $571,500 as her share of this recovery. This amount is in addition to a $3,437,000 million share she already received as a result of the settlements previously reached with David Spellberg, M.D, Robert Scappa, D.O., and 21st Century Oncology.
“Charging for clearly unnecessary medical services defrauds the government, threatens the viability of public health care programs, and breaches the sacred trust that physicians owe their patients,” said U.S. Attorney Bentley. “Our office will continue to pursue and hold accountable health care providers who defraud the United States.”
“Greed was the clear motive in this case," said Shimon R. Richmond, Special Agent in Charge for the HHS Office of the Inspector General. “Patients' needs played no role in ordering tests that were medically unnecessary and could have endangered patient care. Egregious fraud, such as alleged in this settlement, will not be tolerated. Together with our law enforcement partners, we will protect beneficiaries and the federal health care programs they rely upon.”
"The Defense Criminal Investigative Service (DCIS) continues to protect the integrity of the U.S. military health care program (TRICARE) against fraud as one of our top priorities. DCIS dedicates substantial resources to investigating both corporate and individual medical services providers who defraud the TRICARE program," said Special Agent in Charge John F. Khin, Southeast Field Office.
The investigation was handled by Trial Attorney Arthur Di Dio from the Civil Division’s Commercial Litigation Branch and Assistant U.S. Attorney Kyle S. Cohen, with assistance from DCIS, FBI, and the Department of Health and Human Services Office of Inspector General.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.4 billion through False Claims Act cases, with more than $19.6 billion of that amount recovered in cases involving fraud against federal health care programs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Convicted Felon Sentenced to 15 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Jamarian Oliver (29, Tampa) to 15 years in federal prison for selling crack cocaine and possessing a firearm as a convicted felon. He pleaded guilty on August 5, 2016.
According to court documents, in October 2015, detectives from the Hillsborough County Sheriff’s Office (HCSO) began investigating Oliver. On two separate occasions in October and November 2015, Oliver sold crack cocaine to a HCSO undercover detective (UC). In December 2015, Oliver again met with the UC and sold him a .22 caliber firearm. At the time of the offenses, Oliver had multiple prior felony convictions, including possession of cannabis, fleeing to elude, and delivery of a controlled substance, and was therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shauna S. Hale.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime in communities.
Two Plead Guilty to $296,600 Armed Bank RobberyRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that Ricardo Rodriguez (24) and Brandon Mojica (23), both of Deltona, have pleaded guilty to armed bank robbery and brandishing a firearm during that robbery. Each faces a maximum penalty of 25 years in federal prison for the armed robbery, to be followed by a mandatory consecutive sentence of at least 7 years for the firearm charge. Rodriguez is scheduled to be sentenced on March 6, 2017, and Mojica is scheduled to be sentenced on April 24, 2017.
According to the plea agreements, on November 8, 2016, Rodriguez brandished a firearm and forced two bank employees, including Mojica, to provide access to the safe of a bank in Lake Mary. Rodriguez took $296,600 from the safe and physically restrained both employees before fleeing the bank. Responding officers from the Lake Mary Police Department quickly located, pursued, and apprehended Rodriguez following a high-speed chase. They also recovered the cash that Rodriguez had stolen from the bank and the firearm used during the robbery. Further investigation revealed that Mojica had assisted Rodriguez in planning the robbery by providing information concerning the bank and its employees in advance.
This case was investigated by the Lake Mary Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.