Middle District of Florida
Press releases recorded for this federal judicial district.
St. Cloud Recidivist Sentenced to More Than 21 Years for Advertisement of Child Pornography on TwitterRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Matthew Allen Hayes (35, Osceola County) to more than 21 years and 10 months in federal prison for advertisement of child pornography. He pleaded guilty on September 15, 2016.
According to court documents, the Osceola County Sheriff’s Office (OCSO) began investigating Hayes after learning that he had advertised an interest in child pornography and had posted an image of child pornography on his Twitter page. On April 7, 2016, OCSO deputies executed a state search warrant at Hayes’s residence, where they located a cellphone with at least 100 videos containing child pornography, many depicting children under the age of 12. During an interview, Hayes admitted that he had posted the advertisement on Twitter, along with the image containing child pornography. He also admitted that he had been downloading, sharing, and viewing child pornography on various networks since his release from prison on October 24, 2015. When Hayes committed this offense, he was on supervised release following convictions in Manatee County on October 2, 2013, for armed burglary with a firearm and four counts of burglary of an occupied structure.
“Child pornography, when it’s released on the Internet, lives on forever,” said Susan L. McCormick, special agent in charge of HSI Tampa. “It haunts the innocent children whose abuse is depicted in the images, and brings unspeakable pain to their parents and families. HSI will continue to work closely with law enforcement partners, like the Osceola County Sheriff’s Office, to ensure that those who sexually exploit our children are brought to justice.”
This case was investigated by OCSO and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It was prosecuted by Special Assistant United States Attorney Christina R. Downes, on assignment from the Office of the Principal Legal Advisor, ICE.
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.
Naples Man Sentenced to More Than Eleven Years in Federal Prison for $2.2 Million Dollar Online Fraud and Identity Theft SchemeRead the Press Release
Fort Myers, Florida – Senior United States District Judge John E. Steele today sentenced Jeffrey Ihm (49, Naples) to 11 years and 8 months in federal prison for wire fraud and aggravated identity theft. The Court ordered him to pay restitution totaling more than $2.2 million to financial institutions Wells Fargo Bank, CIT, and Key Equipment Finance. The Court also entered a forfeiture money judgment of over $2.2 million and specifically ordered the forfeiture of $315,000 of fraud proceeds previously seized from a Suncoast Credit Union checking account, as well as a house located in the Riverstone Community in Naples, that had been purchased with proceeds of the fraud scheme.
According to court documents, between February 2013 and July 2014, Ihm assumed the identities of and posed as executives of a number of companies. He then generated false and fraudulent emails and other documents in the names of the companies’ executives in order to defraud financial institutions, causing them to transfer to him $2,234,681 to which he was not entitled. Ihm used the money to purchase a house and otherwise enrich himself.
The Jacksonville Office of the Federal Bureau of Investigation and the Fort Myers Office of the United States Secret Service unraveled the electronic cyber trail tracing back to computer equipment associated with Ihm in Naples. Victims were identified in Jacksonville and Sarasota.
This case was investigated by the Fort Myers Office of the United States Secret Service and the Jacksonville Office of the Federal Bureau of Investigation with assistance from the Economic Crimes Unit of the Collier County Sherriff’s Office. The case was prosecuted by Assistant United States Attorneys David G. Lazarus and Dale R. Campion.
Jacksonville Man Who Buried His Dead Mother in Her Backyard so He Could Steal Her Social Security and Pension Benefits Sentenced to over Five Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Brian Lee Adams (57, Jacksonville) to five years and four months in federal prison for theft of government property and aggravated identity theft. As part of the sentence, the Court also entered a money judgment in the amount of $33,292.36, the proceeds of the offenses. Adams pleaded guilty on October 31, 2016.
According to court documents, Adams’s mother died in an unknown manner some time before July 4, 2014. To conceal her death and to ensure that he could continue to receive her social security and pension benefits, Adams buried his mother in the backyard of her residence in Green Cove Springs, Florida. He received and used those benefits until authorities received a tip and discovered his mother’s body in June 2015.
This case was investigated by the Social Security Administration – Office of the Inspector General, the United States Secret Service, the Department of Health and Human Services – Office of Inspector General, the Florida Department of Law Enforcement, and the Clay County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Former Citibank Employee Pleads Guilty to Credit Card FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Marquise Dahryan Newman (25, Jacksonville) has pleaded guilty to access device (credit card) fraud. He faces up to 10 years in federal prison. As part of his plea agreement, Newman agreed to pay restitution to Citibank. A sentencing date has not yet been set.
According to the plea agreement, in 2014, Newman was an employee of Citibank. As part of his job, he had access to Citibank customers’ credit and debit card information. In late 2014, Newman improperly accessed the customer information for A.G. and obtained a debit card for the account. After successfully obtaining the debit card on that account, Newman then improperly accessed the credit and debit card information for 50 more customers. In an effort to cover his criminal conduct, Newman put false notes into customers’ accounts indicating that the customers had contacted Citibank and stated that they intended to make large purchases in the near future. Thereafter, Newman used the stolen information to make multiple online purchases of merchandise.
This case was investigated by the Jacksonville Sheriff’s Office and the United States Secret Service - Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Duval County Man Pleads Guilty to Aggravated Identity TheftRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Jefferage Capice White (55, Jacksonville) has pleaded guilty to aggravated identity theft. He faces a mandatory minimum of two years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, in December 2015, White entered a Navy Federal Credit Union in Jacksonville and represented himself as J.F., an account holder at the credit union. He approached a teller, presented a counterfeit Florida driver license containing the personal identification information of J.F., and requested to make a cash withdrawal from J.F.’s account. Based on White’s suspicious behavior, the credit union employees notified the Jacksonville Sheriff’s Office (JSO). When approached by a JSO officer, White fled and was eventually apprehended after a physical struggle.
In a related case, Carlis Edward Williams (53, Jacksonville) pleaded guilty to aggravated identity theft on December 1, 2016. He faces a mandatory minimum of two years in federal prison for the aggravated identity theft charge. His sentencing is set for March 8, 2017.
These prosecutions are part of a broader investigation by law enforcement involving the manufacturing of counterfeit identification documents and identity theft.
This case was investigated by the Jacksonville Sheriff’s Office and the United States Secret Service - Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Armed Career Criminal Sentenced to Fifteen Years for Possessing A FirearmRead the Press Release
Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Patrick Willie Smith (41, Daytona Beach) to 15 years in federal prison for being a felon in possession of a firearm. The Court also ordered him to forfeit an FEG (.45-caliber) pistol and seven rounds of .45-caliber ammunition. Smith pleaded guilty on September 21, 2016.
According to the plea agreement, in January 2016, Smith possessed a loaded pistol. At the time of the incident, he had 13 previous felony convictions 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 Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
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.
Tampa Man Charged with Wire Fraud for Masterminding an Investment Fraud Scam While on Federal Supervised ReleaseRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Anthony J. Klatch, II (35, previously of Tampa) with one count of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to court documents, in or around 2011, Klatch pleaded guilty to federal charges of conspiracy, securities fraud, wire fraud, and money laundering in the Southern District of Alabama. After his release from federal prison in December 2014, Klatch began serving a term of supervised release in Tampa.
While on supervised release, Klatch directed the establishment of and controlled a company called Assurance Capital Management, LLC (“ACM”) and maintained a bank account at Chase Bank opened in the name of ACM. Between June and September 2015, Klatch used ACM to represent to investors and potential investors that ACM was a company with over $18 million in client assets under management and that ACM and those working for ACM engaged in profitable online stock trading on behalf of its investors. In truth, ACM was a shell company used by Klatch to induce and defraud investors.
In executing his scheme, Klatch would often disguise his true identity and tell investors that his name was “Larry Heim,” ACM’s fund manager. Klatch, often posing as “Larry Heim,” provided investors and potential investors false and fraudulent financial statements and other investment materials showing that ACM was profitable and had more than $18 million in online trading accounts and that its funds were profitably traded. In reality, ACM had few if any funds “under management,” and the funds ACM did have were either lost by Klatch during trading or used by him for personal expenditures. Klatch obtained funds from investors by directing them to wire funds to the ACM account at Chase Bank so those funds could be invested and/or traded. Klatch also directed investors to provide him with the access information for their online trading accounts, such as user name and password, so that he, often posing as “Larry Heim,” could trade those accounts on behalf of the investors. At no time during the scheme did Klatch tell his investors and potential investors that he had prior federal criminal convictions for conspiracy, securities fraud, wire fraud, and money laundering, or that he was banned by the Commodities Futures Trading Commission (CFTC) and the Securities Exchange Commission from trading in these markets.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation with the assistance from the CFTC. It will be prosecuted by Assistant United States Attorney Mandy Riedel.
Gainesville Pharmacy Technician Found Guilty of Attempted Online Enticement of A Minor and Pornography OffensesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that a federal jury in Jacksonville has found Matthew Bryan Caniff (33, Gainesville) guilty of attempted online enticement of a minor child to engage in illegal sexual activity, online solicitation of child pornography, and attempted production of child pornography. On the attempted online enticement count, Caniff faces a mandatory minimum penalty of 10 years, up to life, in prison. He also faces a minimum of 15 years, up to 30 years’ imprisonment each on the solicitation and the attempted production charges. Prior to his arrest, Caniff had worked as a pharmacy technician at UF Health Shands Hospital in Gainesville. A sentencing hearing is scheduled for April 26, 2017.
According to testimony and evidence introduced during the trial, from March 31, 2016, through April 1, 2016, Caniff engaged in a series of text conversations over the Internet with a person he believed to be a 13-year-old child. Unbeknownst to Caniff, this "child" was actually an undercover FBI agent. During the course of these online conversations, Caniff discussed his desire to have sex with the “child” in detail. He also made several requests for the “child” to send him images engaging in sexually explicit conduct.
In the early morning hours of April 1, 2016, Caniff drove his vehicle from his residence in Gainesville to a residence in St. Johns County to meet the “child” for sex. He was arrested at the meeting location by St. Johns County Sheriff's deputies. A search of his person revealed that Caniff had brought a plastic bag containing several prescription pills that he had taken from UF Health Shands Hospital and had intended to share with the “child” during their planned sexual encounter.
This case was investigated by the St. Johns County Sheriff’s Office and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Disbarred Winter Park Attorney Pleads Guilty to Defrauding Clients and Banks of $2.7 MillionRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Julie W. Kronhaus (52, Winter Park) has pleaded guilty to two counts of wire fraud and one count of bank fraud. She faces a maximum penalty of 20 years in federal prison for the wire fraud count and up to 30 years’ imprisonment for the bank fraud count. A sentencing date has not yet been set.
According to the plea agreement, from June 2009 to February 17, 2015, Kronhaus, who was a licensed attorney and Certified Public Accountant in Florida, defrauded her clients and banks of approximately $2.7 million. As part of her practice, Kronhaus would act as a trustee for her clients and also hold their money in various bank accounts depending on the purpose of trust. Instead of using the funds for the purpose intended by her clients, Kronhaus would divert the money into her law firm’s bank accounts and pay for her personal expenses.
In addition, Kronhaus engaged in a check kiting scheme where she would write checks with accounts that had insufficient funds. She would deposit the worthless checks into her trust account at another bank to give the appearance that there were sufficient funds in the account. She then issued checks from her trust account to her clients, taking advantage of the bank’s float time.
This case was investigated by the Seminole Financial Crimes Task Force and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney James D. Mandolfo.
Former Bank Officer Indicted on Mortgage Fraud ChargesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Ross D. Pickard (63, Naples) with one count of conspiracy and three counts of loan and credit application fraud. If convicted, he faces up to 5 years in federal prison for the conspiracy count and up to 30 years on each of the fraud counts. The indictment also notifies him that the United States is seeking a money judgment for the proceeds of the charged criminal conduct.
According to the indictment, Pickard was a senior loan officer at JP Morgan Chase Bank. He conspired with others in a scheme to defraud the bank by completing, certifying, and submitting mortgage loan applications on behalf of borrowers that contained false and fraudulent statements. The false statements included, but were not limited to, false occupancy, overinflated income and assets, as well as the understated liabilities. By relying on Pickard’s false and fraudulent statements on the loan applications, JP Morgan Chase was induced into funding mortgage loans for otherwise unqualified borrowers.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the Internal Revenue Service – Criminal Investigations Division. It will be prosecuted by Special Assistant United States Attorney Chris Poor.
Two South Florida Men Plead Guilty to Conspiracy to Commit Wire Fraud and Aggravated Identity TheftRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Wilbert Theodore (30, Miami) and Ralph August Lohier (27, Miami) have pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft. Each face a maximum penalty of 20 years in federal prison for the conspiracy charge, to be followed by a consecutive mandatory minimum of 2 years’ imprisonment for the aggravated identity theft charge. As part of the plea agreement, both agreed to forfeit computer media and a credit card re-encoder utilized as part of their criminal activity.
According to the plea agreement, in 2016, Lohier and Theodore conspired with another individual in south Florida to obtain debit cards that had been re-encoded with legitimate account numbers assigned to genuine individuals. In doing so, Lohier was able to obtain fraudulent cards with Lohier’s name embossed on them. Another portion of the cards were embossed with the name C.S. Thereafter, Theodore obtained a counterfeit Florida Driver’s License in the name of C.S. After obtaining the cards and the counterfeit license, Lohier and Theodore traveled from south Florida to various places, including Flagler and Orange Counties, using the cards. They then purchased merchandise, funded reloadable debit cards, sent and received multiple money transfers through Western Union.
On March 8, 2016, a Florida Highway Patrol trooper conducted a traffic stop on I-95 in Flagler County, being driven by Lohier, with Theodore inside. During the stop, the trooper located the counterfeit driver’s license in the name of C.S., but containing a picture of Theodore. While detained in the trooper’s vehicle, Theodore and Lohier attempted to conceal a large quantity of re-encoded reloadable Visa debit cards within the rear section of the vehicle.
A search of Lohier’s vehicle revealed an additional quantity of re-encoded, reloaded debit cards in the name of the Lohier and C.S. Law enforcement also recovered computer media and a credit card re-encoder from the vehicle. Further investigation determined that Lohier and Theodore possessed 86 re-encoded cards.
This case was investigated by the Florida Highway Patrol and the United States Secret Service - Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Multiple Life Sentences Handed Down in Bradenton Gang ProsecutionRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich this week sentenced six individuals for their roles in wide-ranging racketeering and drug distribution conspiracies that involved seven murders, three kidnappings, multiple firearms and drug offenses, and related criminal conduct. The defendants were found guilty on September 8, 2016, following a three-month jury trial.
U.S. Attorney A. Lee Bentley, III, James Trusty, Chief of the Justice Department’s Organized Crime and Gang Section, and Special Agent in Charge Daryl McCrary of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Tampa Field Office, made the announcement.
Nathaniel Harris (25), a/k/a “Popo,” was sentenced to four life terms for the murders of Demetrius Cunningham and Calvin Barnes, and racketeering and drug trafficking conspiracy. In addition, he was sentenced to consecutive terms ranging from 10 to 25 years’ imprisonment for attempted murder, armed kidnapping, and drug and firearms offenses.
Napoleon Harris (32), a/k/a “Pole,” was sentenced to three life terms for the murder of Demetrius Cunningham, racketeering, and drug conspiracy. He was also sentenced to 10 years in prison for being a felon in possession of ammunition.
Charlie Green (30), aka “Mr. 30N32,” was sentenced to five life terms for the murders of Joseph Evans and Ceola Lazier, racketeering, drug conspiracy, and armed kidnapping.
Jerry Green (30), a/k/a “Jerk,” was sentenced to four life terms for the murders of Ceola Lazier and Carlos Jurado, racketeering, and drug conspiracy.
Deonte Martin (27), a/k/a “Tang,” was sentenced to three life terms for the murder of Brenton Coleman, racketeering, and drug trafficking conspiracy. He also received additional sentences ranging from 10 to 30 years for firearms and drug charges.
Corey Harris (26), aka “James,” was sentenced to 120 years in federal prison for drug trafficking and distribution of crack cocaine.
Nathaniel Harris and Napoleon Harris were also ordered to pay $8,000 restitution to the family of Demetrius Cunningham.
According to evidence presented at trial, the defendants were members of a racketeering enterprise that controlled illicit drug distribution and committed murders for hire in and around Bradenton. From about 2006 through 2014, the defendants were responsible for murdering seven individuals, including one victim who was gunned down at a community center in front of hundreds of children and their parents. The racketeering enterprise attempted to murder an eighth individual who survived, but is now paralyzed and confined to a wheelchair. The enterprise maintained a number of so-called “trap houses” that were used to distribute cocaine, cocaine base, MDMA, oxycodone and marijuana, and used extreme violence to collect drug debts and enforce its control of the drug trafficking in its territory. The enterprise also used threats of violence to prevent members of the community from testifying against its members.
“The sentences handed down this week were just in light of the scars these defendants inflicted on their community. Our thoughts remain with the families of the murdered victims,” stated U.S. Attorney Bentley. “The Department of Justice, working closely with our partners at all levels of law enforcement, will continue to use every available resource to protect vulnerable communities from the scourge of violent crime. We are deeply committed to dismantling violent criminal organizations.”
“A key component of ATF’s mission is reducing violent crime. These sentences represent a fulfillment of a promise that ATF made to this community to stand by them and we will continue to stand by them,” stated Special Agent in Charge Daryl McCrary of ATF-Tampa Division. “We appreciate the cooperation of our federal, state and local partners to this bring this case to a successful conclusion.”
Twelve enterprise members and co-conspirators previously pleaded guilty to drug trafficking, firearms, and other offenses in connection with this case.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Attorney’s Office of the Middle District of Florida investigated the case, with assistance from other federal, state, and local law enforcement agencies. Assistant U.S. Attorneys Christopher Murray, Natalie Adams and Walter “Terry” Furr of the Middle District of Florida, and Trial Attorney Marty Woelfle of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.
Houston Drug Trafficker Sentenced to Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Deandre Marqui Gray (42, Houston, Texas) to 20 years in federal prison for conspiring to possess with intent to distribute five kilograms or more of cocaine. He pleaded guilty on November 2, 2016.
According to court documents, the Drug Enforcement Administration (DEA) began investigating Gray in December 2014, after seizing $104,000 and $18,000 from his drug associates. Those seizures led to the arrest of several individuals in the Middle District of Florida. A cooperating defendant (“CD”) relayed to DEA agents that he had been receiving cocaine from Gray, beginning in late 2014. According to the CD, he and others would travel to Houston, Texas to meet with Gray and then transport the cocaine back to Bradenton, Florida. The CD was paying Gray approximately $31,000 per kilogram to Gray. The money that was seized in December 2014 was intended to be used to purchase kilograms of cocaine from Gray. From September 2014 through May 2015, Gray was responsible for the transportation of 50 kilograms of cocaine from Texas to the Middle District of Florida.
This case was investigated by the DEA. It was prosecuted by Assistant United States Attorney Shauna S. Hale.
Palmetto Woman Sentenced to Prison for Identity Theft and Public Benefits FraudRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Peggy Washington (36, Palmetto) to three years and three months in federal prison for aggravated identity theft, wire fraud, and making false statements to government agencies. The Court also entered a money judgment in the amount of $36,355.93, which were traceable proceeds of the offenses. In addition, Washington was ordered to pay restitution in the amount of $48,926.93 to the defrauded government agencies.
According to court documents, Washington engaged in several different fraudulent schemes targeting recipients of public benefits programs and the agencies that administer those programs. She and her accomplices obtained stolen personal identifying information (PII) belonging to Social Security and Supplemental Nutrition Assistance Program (SNAP) recipients and then opened debit card accounts in those recipients’ names. Washington electronically diverted the recipients’ Social Security and SNAP benefit payments into the new accounts, and then withdrew them for her own use. In another scheme, Washington used stolen PII to file fraudulent tax returns. She then received the refund checks and cashed them for her own use. Washington also submitted Section 8 housing applications that misrepresented and concealed her assets, resulting in a significant overpayment of benefits.
This case was investigated by the Social Security Administration, the Department of Housing and Urban Development, the Internal Revenue Service – Criminal Investigation, and the Department of Agriculture. It was prosecuted by Assistant United States Attorney Eric K. Gerard and Department of Justice Trial Attorney Timothy Loper.
Colombian Man Sentenced to 18 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Dario Renteria-Garcia (41, Colombia, South America) to 18 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. He pleaded guilty on October 24, 2016.
According to the plea agreement, on multiple occasions between 2010 and 2013, Renteria-Garcia organized maritime cocaine shipments. Among other things, he recruited mariners to smuggle cocaine from Colombia by sea in September 2010 and January 2013. Those mariners were subsequently interdicted by the U.S. Coast Guard in the eastern Pacific Ocean with over 1,000 kilograms of cocaine. Renteria-Garcia was arrested in Colombia, and subsequently extradited to the United States.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) investigation 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 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 Christopher F. Murray. The Office of International Affairs, U.S. Department of Justice assisted with Renteria-Garcia’s extradition from Colombia.
Wife of Pulse Nightclub Shooter Charged with Aiding and Abetting Her Husband and Obstruction of JusticeRead the Press Release
Noor Salman, 30, formerly of Fort Pierce, Florida, was charged by indictment with aiding and abetting Omar Mateen’s attempted provision and provision of material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, and obstruction of justice. If convicted on all counts, Salman faces a maximum penalty of life imprisonment.
Acting Assistant Attorney General for National Security Mary B. McCord and U.S. Attorney A. Lee Bentley, III for the Middle District of Florida made the announcement.
Salman was arrested in northern California on Monday, January 16, and made her initial appearance in federal court in Oakland, California earlier today. Salman was temporarily detained pending a status hearing on Wednesday, January 18.
According to the indictment, from no later than end of April 2016 through and including June 12, 2016, Salman aided and abetted Mateen’s attempted provision and provision of material support, namely, personnel and services, to ISIL, and the death of multiple victims resulted. Further, on June 12, 2016, Salman obstructed justice by engaging in misleading conduct towards officers of the Fort Pierce Police Department and special agents of the FBI in order to prevent them from communicating to agents, the U.S. Department of Justice and judges of the United States of America, information relating to the attack at the Pulse Night Club in Orlando, Florida.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the FBI; the Orlando Police Department; the Orange County Sheriff’s Office in Florida; the Fort Pierce Police Department; the Saint Lucie County Sheriff’s Office in Florida; and the Florida Department of Law Enforcement. Assistance was provided by the IRS - Criminal Investigation division; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Martin County Sheriff’s Office in Florida; and the Sebastian Police Department in Florida. This case will be prosecuted by Assistant U.S. Attorneys Sara C. Sweeney, James D. Mandolfo and Roger B. Handberg for the Middle District of Florida and Trial Attorney Kevin C. Nunnally for the National Security Division’s Counterterrorism Section
Wife of Pulse Nightclub Shooter Charged with Aiding and Abetting Her Husband and Obstruction of JusticeRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III and Acting Assistant Attorney General for National Security Mary B. McCord announce the return of an indictment charging Noor Salman (30, formerly of Fort Pierce, Florida) with aiding and abetting Omar Mateen’s attempted provision and provision of material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization, and obstruction of justice. If convicted on all counts, she faces a maximum penalty of life imprisonment. Salman was arrested in northern California on Monday, January 16, 2017, and made her initial appearance in federal court in Oakland earlier today. She has been detained pending a status hearing on Wednesday, January 18, 2017.
According to the indictment, from no later than end of April 2016 through and including June 12, 2016, Salman aided and abetted Mateen’s attempted provision and provision of material support, namely, personnel and services, to ISIL, and the death of multiple victims resulted. Further, on June 12, 2016, Salman obstructed justice by engaging in misleading conduct towards officers of the Fort Pierce Police Department and special agents of the Federal Bureau of Investigation in order to prevent them from communicating to agents, the U.S. Department of Justice, and judges of the United States of America information relating to the attack at the Pulse Night Club in Orlando.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation, the Orlando Police Department, the Orange County Sheriff’s Office, the Fort Pierce Police Department, the Saint Lucie County Sheriff’s Office, and the Florida Department of Law Enforcement, with assistance from the Internal Revenue Service - Criminal Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Martin County Sheriff’s Office and the Sebastian Police Department. It will be prosecuted by Assistant United States Attorneys Sara C. Sweeney, James D. Mandolfo, and Roger B. Handberg, and Trial Attorney Kevin C. Nunnally of the National Security Division’s Counterterrorism Section.
McKesson Agrees to Pay Record $150 Million Settlement for Failure to Report Suspicious Orders of Pharmaceutical DrugsRead the Press Release
Tampa, FL – McKesson Corporation (McKesson), one of the nation’s largest distributors of pharmaceutical drugs, agreed to pay a record $150 million civil penalty for alleged violations of the Controlled Substances Act (CSA), U.S. Attorney A. Lee Bentley, III and Special Agent in Charge Adolphus P. Wright, DEA Miami Field Division announced today.
“This landmark $150 million settlement is the latest example of our ongoing efforts to fight prescription opioid abuse in the Middle District of Florida,” said United States Attorney Bentley. “Together with the $22 million civil settlement with CVS in 2015, and the $44 million civil settlement with Cardinal Health last year, this settlement demonstrates our willingness to use all remedies at our disposal to encourage corporations and individuals involved in the prescription opioid trade to act responsibly and to punish them when they fail to do so."
“Prescription drug abuse is a public health epidemic and every day, preventable overdoses of prescription pain pills needlessly claim the lives of Floridians,” stated Special Agent in Charge Wright. “The DEA is committed to keeping our community safe from those who facilitate and enable the abuse of prescription drugs. This action is an important step toward ensuring accountability of those who supply these pills and operate without regard for the public health and safety. National drug distributors are not above the law and cannot turn a blind eye to profit from this national public health crisis.”
The nationwide settlement requires McKesson to suspend sales of controlled substances from distribution centers in Colorado, Ohio, Michigan and Florida for multiple years. The staged suspensions are among the most severe sanctions ever agreed to by a DEA registered distributor. The settlement also imposes new and enhanced compliance obligations on McKesson’s distribution system.
In 2008, McKesson agreed to a $13.25 million civil penalty and administrative agreement for similar violations. In this case, the government alleged again that McKesson failed to design and implement an effective system to detect and report “suspicious orders” for controlled substances distributed to its independent and small chain pharmacy customers– i.e. orders that are unusual in their frequency, size, or other patterns. From 2008 until 2013, McKesson supplied various U.S. pharmacies an increasing amount of oxycodone and hydrocodone pills, frequently misused products that are part of the current opioid epidemic.
The government’s investigation developed evidence that even after designing a compliance program after the 2008 settlement, McKesson did not fully implement or adhere to its own program. In Colorado, for example, McKesson processed more than 1.6 million orders for controlled substances from June 2008 through May 2013, but reported just 16 orders as suspicious, all connected to one instance related to a recently terminated customer. DEA investigators in the Middle District of Florida determined that McKesson had failed to report pharmacy orders at its Lakeland, Florida distribution center for hydromorphone that dramatically exceeded historical sales levels by the ordering pharmacies.
In addition to the monetary penalties and suspensions, the government and McKesson agreed to enhanced compliance terms for the next five years. Among other things, McKesson has agreed to specific, rigorous staffing and organizational improvements; periodic auditing; and stipulated financial penalties for failing to adhere to the compliance terms. Critically, the settlement will require McKesson to engage an independent monitor to assess compliance – the first independent monitor of its kind in a CSA civil penalty settlement.
This was a multi-district investigation that involved the following DEA Field Divisions: Boston Field Division, Chicago Field Division, Denver Field Division, Detroit Field Division, Miami Field Division, Newark Field Division, San Francisco Field Division, St. Louis Field Division, and Washington District Office. The following U.S. Attorney’s Offices participated in the case: Central District of California, Eastern District of California, District of Colorado, Middle District of Florida, Eastern District of Kentucky, Northern District of Illinois, District of Massachusetts, Eastern District of Michigan, District of Nebraska, District of New Jersey, Northern District of West Virginia, and Western District of Wisconsin.
U.S. Attorneys’ Offices for the District of Colorado and the Northern District of West Virginia, along with DEA Office of Chief Counsel and Diversion Control Division, led the civil settlement negotiations. DEA’s Denver, Detroit and Miami Field Divisions, and its Washington Division Office led the administrative and civil investigation. The Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) also coordinated and assisted in negotiating certain portions of the settlement. Assistant United States Attorneys Amanda Rocque (Colorado) and Alan McGonigal (NDWV) represented the United States in the civil penalty investigations and negotiations. Assistant United States Attorney Randy Harwell represented the Middle District of Florida in the case as it pertained to the Lakeland, Florida investigation and penalty negotiations. Associate Chief Counsel Lee Reeves and Senior Attorneys Dedra Curteman, Dana Hill and Krista Tongring represented DEA in the investigations and negotiations. Trial Attorneys Harry Matz and Kirtland Marsh were involved for NDDS.
Ukrainians Sentenced to 25 Years in Federal Prison for Smuggling $10 Million of Cocaine on “Ghost Ship”Read the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Igor Polshyn (42, Yalta, Ukraine) and Oleskii Tsurkan (52, Moscow, Russia) each to 25 years in federal prison for conspiring to possess and possessing with the intent to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States. A federal jury found them guilty on September 30, 2016.
According to testimony and evidence presented at trial, on November 7, 2015, a U.S. Customs and Border Protection P-3 Orion aircraft detected a sailboat 56 miles south of the Dominican Republic, traveling at night on the high seas with no lights, and on a course to travel through the Mona Passage between the Dominican Republic and Puerto Rico. The Orion crew alerted the United States Coast Guard, which dispatched the USCG Cutter Bernard C. Webber to interdict the vessel. The Webber interdicted the sailboat 26 miles south of the Dominican Republic, still on a course to take it through the Mona Passage. The sailboat flew the Spanish flag and bore a Spanish registration number on the stern. Polshyn was the master of the vessel and Tsurkan was its sole crew member.
The Coast Guard eventually boarded the sailboat and, during an initial safety sweep, found over 100 kilograms of cocaine over a bilge access. The Coast Guard ultimately recovered an additional 270 kilograms of cocaine, for a total of 370 kilograms (814 lbs.) of cocaine, including cocaine commingled with the food supplies of the crew. Officials from DEA-Madrid and the Coast Guard Investigative Service traced the vessel registration number back to a sailboat near Barcelona, Spain. The sailboat interdicted by the Coast Guard was a “ghost ship,” using the stolen identity of the vessel in Barcelona to mask its true identity. The recovered cocaine had an approximate wholesale value of $10 million.
This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Coast Guard Investigative Service, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. It was prosecuted by Assistant United States Attorney Thomas N. Palermo.
Nassau County Man Sentenced for Receiving Child Sex Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Clement Ashford Reeves, Jr. (74, Yulee) to five years in federal prison for receiving videos over the Internet depicting children being sexually abused. He was also ordered to serve a five-year term of supervised release upon his release, to forfeit his computer media, and to register as a sex offender.
According to court documents, an agent with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations began an undercover operation to identify persons using the Internet to receive and share child pornography. The agent learned that a host computer in Florida had been sharing child pornography since December 15, 2011. That computer was traced to Reeves’s residence.
On June 3, 2015, agents met with Reeves at his home. During an interview, Reeves stated that he had downloaded depictions of prepubescent children, but his preference was for young girls. He also said that he had been using the file sharing program for 10-15 years. Agents seized several computer devices that contained 22 videos depicting young children being sexually abused.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Altamonte Springs Man Sentenced to Thirty Years for Sex TraffickingRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Rowy De Jesus Vasquez (26, Altamonte Springs) to 30 years in federal prison, to be followed by 20 years of supervised release, for sex trafficking a minor. The Court also ordered him to pay $23,040 in restitution to his victim, and to register as sex offender. He pleaded guilty on October 20, 2016.
According to the plea agreement, between April 24, 2015, and June 10, 2015, Vasquez caused a 14-year-old girl to engage in commercial sex acts for his financial gain and profit. He provided the minor with a cellphone to communicate with potential customers and to post advertisements for prostitution services on the Backpage website. Vasquez also set the prices for the sex acts and kept all of the proceeds.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Metropolitan Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Port Orange Pill Mill Doctor Sentenced to More Than Eleven Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Michael Morgan Dietch (60, Port Orange) to 11 years and 3 months in federal prison for distribution of Schedule II controlled substances outside the usual course of professional practice, without a legitimate medical purpose. He pleaded guilty on October 28, 2016.
According to court documents, Dietch was a licensed physician in Florida who, between June 2011 and August 2012, prescribed Schedule II, III, and IV controlled substances such as oxycodone, hydromorphone, hydrocodone, fentanyl, Morphine, and Methadone to 150 to 200 patients. During this time, he arranged via text message for patients to come to his apartment, where he would provide the prescriptions. Dietch saw as many as 18 patients per day and charged $100 to $150 in cash for an appointment that generally lasted less than 10 minutes.
Many of Dietch’s patients were drug addicts who sold and traded their prescription pills with Dietch’s knowledge. On two occasions, Dietch bonded two of his patients out of a local jail for drug-related charges and then kept them on as patients, writing prescriptions for them for controlled substances. Dietch also wrote prescriptions for some patients who would have them filled but then gave the pills back to him. Dietch would then use some of these pills himself and provide the remaining pills to others.
“This was a fitting sentence for someone who abused his physician’s license to peddle dangerous, deadly, addictive substances without any demonstrated medical need.” said Sheriff Michael Chitwood.
This case was investigated by Drug Enforcement Administration and the Volusia County Sheriff’s Office, in conjunction with the Volusia Bureau of Investigation. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
Orlando Man Convicted of Credit Card FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Akeitha Mumtaz Warner (29, Orlando) guilty of possessing 15 or more counterfeit access devices (credit cards) with the intent to defraud. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for April 3, 2017. Warner and his co-defendant, Ricardo Delgado-George (29, Kissimmee), were indicted on October 12, 2016. Delgado-George pleaded guilty to fraud-related charges on December 19, 2016, and is scheduled to be sentenced on March 13, 2017.
According to court documents and evidence presented at trial, Warner and Delgado-George were stopped by an Osceola County Sheriff’s deputy and found to be in possession of more than 100 counterfeit credit and debit cards, hundreds of account numbers, and equipment that could be used to re-encode cards. Both men admitted to using counterfeit cards at various central Florida stores and gas stations.
This case was investigated by the United States Secret Service and the Osceola County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.
Jury Finds Army Veteran Guilty of Theft of Nearly $300,000 and Making A False StatementRead the Press Release
Jacksonville, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Crystel Lee Riedling (44, Lake City) guilty of theft of government property and making a false statement. She faces a maximum penalty of 15 years in federal prison. Her sentencing hearing is scheduled for April 11, 2017. Riedling was indicted on February 18, 2016.
According to evidence presented at trial, Riedling, a U.S. Army veteran, received almost $300,000 in disability benefits over the past five to six years. She began receiving the benefits after claiming that she was completely unable to use her right arm. In reality, Riedling had use of her right arm and was seen using it. Two doctors testified that Riedling was malingering and exaggerating her injuries. Statements presented at trial also included Riedling’s admission that she knew that receiving these benefits was “completely wrong.” The jury also found Riedling guilty of making false statements to the United States after she told an investigator that she was totally and permanently disabled.
This case was investigated by the United States Department of Veterans Affairs – Office of Inspector General, the Social Security Administration - Office of the Inspector General, and the U.S. Department Health and Human Services – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Jason Mehta.
Canadian Sentenced to Ten Years’ Imprisonment for International Trafficking of CocaineRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Simon Peter Danielson (37, Vancouver, British Columbia) to 10 years in federal prison for his role in a scheme to transport 250 kilograms of cocaine by boat from the Caribbean to the east coast of Canada. Danielson pleaded guilty in May 2016.
According to court documents, Danielson was piloting the sailing vessel (“SV”) Liberty in international waters when he was intercepted by a Royal Netherlands Navy ship approximately 82 miles northwest of Aruba. While preparing to board the SV Liberty, members of the United States Coast Guard Law Enforcement Detachment (“LEDET”) 405 aboard the Dutch vessel witnessed Danielson dumping kilogram-sized bricks into the water. Upon boarding the SV Liberty, the LEDET team recovered nine bales of cocaine, with a total weight of approximately 250 kilograms.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, and the Federal Bureau of Investigation, with assistance from the U.S. Coast Guard, the Royal Netherlands Navy, and the Royal Canadian Mounted Police. It was prosecuted by Assistant United States Attorney Eric K. Gerard.
Armed Career Criminal Sentenced to 15 Years for Gun SalesRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Anthony Jeroid Cue (47, Daytona Beach) to 15 years in federal prison for possessing a firearm as a convicted felon. Cue’s prior criminal history, which includes convictions for several serious drug offenses, subjected him to enhanced penalties pursuant to the Armed Career Criminal Act. He pleaded guilty on October 27, 2016.
According to court documents, over the course of several months, Cue arranged for the sale of illegal narcotics and three firearms to a confidential informant. Following Cue’s arrest, agents recovered an additional five firearms that Cue had stored away from his residence.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Daytona Beach Police Department. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
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.
Shire Plc Subsidiaries to Pay $350 Million to Settle False Claims Act AllegationsRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announced today that Shire Pharmaceuticals LLC and other subsidiaries of Shire plc (Shire) will pay $350 million to settle federal and state False Claims Act allegations that Shire and the company it acquired in 2011, Advanced BioHealing (ABH), employed kickbacks and other unlawful methods to induce clinics and physicians to use or overuse its product “Dermagraft,” a bioengineered human skin substitute approved by the FDA for the treatment of diabetic foot ulcers. Shire plc is a multinational pharmaceutical firm headquartered in Ireland, with its United States operational headquarters in Lexington, Massachusetts. Shire sold the assets associated with Dermagraft in early 2014.
“Flagrant and systemic kickback activity of the type at issue in this case is designed to impair and undermine a physician’s independent medical judgment, and will not be tolerated,” said U.S. Attorney Bentley. “This lawsuit and today’s historic settlement demonstrate our office’s vigilant and on-going efforts to safeguard federal health care program beneficiaries from the effects of such illegal and deplorable conduct.” In addition to this landmark civil settlement, the office continues to work diligently to bring to justice those individuals responsible for these illegal actions. Already, the MDFL has obtained the criminal convictions of three high-level executives who supervised the implementation of the illegal kickback scheme, as well as a number of healthcare providers who received kickbacks.
“This settlement represents the largest False Claims Act recovery by the United States in a kickback case involving a medical device,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Kickbacks by suppliers of healthcare goods and services cast a pall over the integrity of our health care system. Patients deserve the unfettered, independent judgment of their health care professionals.”
The settlement resolves allegations that Dermagraft salespersons unlawfully induced clinics and physicians with lavish dinners, drinks, entertainment and travel; medical equipment and supplies; unwarranted payments for purported speaking engagements and bogus case studies; and cash, credits and rebates, to induce the use of Dermagraft. The Anti-Kickback Statute prohibits, among other things, the payment of remuneration to induce the use of medical devices covered by Medicare, Medicaid and other federally-funded health care programs, including the Department of Veterans Affairs (VA). Claims filed in violation of the Anti-Kickback Statute are considered false or fraudulent under the False Claims Act. In addition, the Anti-Bribery statute and the Federal Acquisition Regulations prohibit bribes to government officials or employees, including VA physicians, to obtain a contract or favorable treatment under a supply contract. The United States alleged that as a result of its violation of these provisions, Shire submitted or caused to be submitted to federally-funded health care programs hundreds of millions of dollars of false claims for Dermagraft.
The U.S. Attorney’s Office for the District of Columbia also played an active role in this investigation, seeking redress in the civil agreement announced today for the losses sustained by the VA. “Giving kickbacks and gratuities to healthcare providers corrupts medical treatment by interjecting personal financial incentives into decisions that should focus on what is best for a particular patient,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “These types of unlawful incentives are particularly troubling when they seek to corrupt the medical treatment provided to our nation’s veterans. We will aggressively pursue any company that engages in such reprehensible and unlawful conduct, which seeks to put a company’s financial gains ahead of providing the best medical treatment for those who bravely served in our Armed Forces.”
The U.S. Attorneys’ Office for the Eastern District of Pennsylvania and the Middle District of Tennessee also contributed to the investigation and resolution of these matters. “Fraud against the health care program that exists for the benefit of our veterans, some of our most cherished citizens, as well as fraud against the Medicare program, is reprehensible and unacceptable,” said the Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania. “This resolution again demonstrates the capacity of the Department of Justice and our law enforcement partners across the country to work together to address unlawful conduct nationwide that affects veterans and other beneficiaries of federally funded health care programs.”
“The best interest of the patient is, and must be, the primary factor in a physician’s decision regarding patient care,” said U.S. Attorney David Rivera for the Middle District of Tennessee. “As such, federal law protects patients from medical providers who enrich themselves through bribes and kickbacks by making illegal the payment of remuneration to induce the use of medical devises covered by federally-funded health care programs. Such kickback schemes that interfere with physician-patient relationships and drive up the cost of healthcare for everyone, will be vigorously pursued and aggressively prosecuted.”
“U.S. Department of Veterans Affairs healthcare providers are obligated to render care free of any improper financial influences” said Special Agent in Charge Michael E. Seitler of the U.S. Department of Veterans Affairs, Office of Inspector General (VA OIG), Northwest Field Office. “This is particularly important at VA, since we care for many of this nation’s heroes who have sacrificed their own welfare for our freedom. In this case, ABH saw a dramatic rise in its sales to the VA during the period of time it provided illegal inducements to multiple VA clinicians across the country. These corrupt practices served to erode the public trust in our healthcare system. The VA OIG is committed to investigating, and bringing to justice, those who engage in these illegal practices.”
In addition to the kickback allegations, the settlement also resolved allegations that Shire and its predecessor (ABH) unlawfully marketed Dermagraft for uses not approved by the FDA, made false statements to inflate the price of Dermagraft, and caused improper coding, verification, or certification of Dermagraft claims and related services.
The allegations resolved by the settlement were brought in six lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The whistleblower shares to be awarded in this case have not yet been determined.
The six qui tam cases, all of which were either filed or transferred to the U.S. District Court for the Middle District of Florida, are captioned: United States ex rel. Vinca v. Advanced BioHealing, Inc., Case No. 8:11-cv-176-T-30MAP; United States ex rel. Harvey v. Advanced BioHealing, Inc., Case No. 8:16-cv-303-T-30TBM; United States ex rel. Medolla v. Advanced BioHealing, Inc., Case No. 8:12-cv-575-T-30TBM; United States, et al., ex rel. Petty v. Shire Regenerative Medicine, Inc., Case No. 8:14-cv-969-T-30TBM; United States ex rel. Webb v. Advanced BioHealing, Inc., Case No. 8:14-cv-1055-T-30EAJ; and United States ex rel. Montecalvo v. Shire Regenerative Medicine, Inc., Case No. 8:16-cv-268-T-30TBM.
These matters were investigated by the Civil Division’s Commercial Litigation Branch; the U.S. Attorneys’ Offices for the Middle District of Florida, District of Columbia, Middle District of Tennessee and Eastern District of Pennsylvania; the FBI; the U.S. Department of Health and Human Services (HHS) Office of Inspector General; the VA OIG and the Department of Defense Criminal Investigative Service. These cases were handled locally by Assistant United States Attorneys Randy Harwell and Chris Tuite working jointly with Department of Justice Trial Attorney Richard Nicholson.
Shire, which cooperated in the government’s investigation, has been operating under a Corporate Integrity Agreement entered into with HHS that was implemented in late 2014, after the alleged unlawful conduct resolved by today’s settlement occurred, in connection with the settlement of separate False Claims Act allegations.
“Patients must be able to trust that decisions made by their doctors are based on unbiased professional judgment and not personal gain,” said Chief Counsel Gregory E. Demske to the HHS Inspector General. “The Office of the Inspector General will continue to monitor Shire’s compliance with federal healthcare programs through its oversight of Shire’s Corporate Integrity Agreement.”
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.
Orlando Man Convicted of Multiple Counts of Theft of Government Money and Aggravated Identity TheftRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Manuel Enrique Santana (36, Orlando) guilty of 10 counts of theft of government money and 5 counts of aggravated identity theft. He faces a maximum penalty of 10 years in federal prison for each of the theft counts, to be followed by a mandatory term of at least 2 years for the aggravated identity theft charges. His sentencing hearing is scheduled for April 12, 2017. Santana was indicted on August 31, 2016.
According to evidence presented at trial, in early 2014, Santana deposited 47 stolen federal tax refund checks into 3 of his own bank accounts during a 10-day period. The majority of the checks were endorsed with forged signatures of the intended payees, all of whom had filed returns for the 2013 tax year and were expecting to receive their refund checks by mail. The combined value of the 47 stolen refund checks was more than $64,000.
This case was investigated by the United States Postal Inspection Service, the Internal Revenue Service - Criminal Investigation, and the Seminole County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
Jury Finds Postal Employee Guilty of Theft of More Than $2 Million in Social Security Checks from MailRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Stacy Darnell Mitchell (48, Tampa) guilty of theft of government property and theft of mail. He faces a maximum penalty of 15 years in federal prison. His sentencing date has not yet been set. Mitchell was indicted on March 1, 2016.
According to evidence presented at trial, Mitchell was a mail handler who had worked for more than 15 years at the Processing and Distribution Center (PDC) in St. Petersburg, which processes mail for all of Pinellas County. From January to October 2012, Mitchell stole Social Security benefit checks totaling over $2 million from that facility. More than 3,000 checks were taken from the PDC in 2012, all of which were destined for disabled or retired beneficiaries living in Pinellas County. Mitchell went on to sell the checks to an accomplice in Tampa, who in turn sold the checks to a network of individuals to be cashed at various convenience stores and check cashing businesses in Florida and elsewhere. Four of Mitchell’s accomplices have been convicted of federal charges related to the same theft scheme.
This case was investigated by the United States Postal Service – Office of Inspector General, the Social Security Administration - Office of Inspector the General, the United States Department of Treasury - Office of Inspector General, and the United States Postal Inspection Service, as well as various local enforcement agencies. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.
Former Founder and President of Tampa Start-Up Company Pleads Guilty to Wire FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Timothy Roberts (46, Missouri) has pleaded guilty to wire fraud. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to court documents, Roberts was the founder, CEO, and Chairman of the Board of the now-defunct Savtira Corporation, Inc., a technology company that was headquartered in Ybor City. As CEO and Chairman of the Board, Roberts solicited investors for Savtira, had control over the company’s funds, and was responsible for overseeing the sale of its products to potential customers.
Starting in or around November 2010, Roberts and Terrance F. Taylor, Savtira’s CFO, devised and carried out a scheme to defraud and obtain money and property by making false promises and representations. In particular, they distributed and caused to be distributed to investors a draft valuation of the company that indicated Savtira was worth between $450 million and $540 million when, in fact, the company had little, if any, revenues. Roberts also failed to disclose to all investors that he had entered into a prior judgment with the United States Securities and Exchange Commission (SEC) for violating the securities laws of the United States. Roberts and Taylor also made false statements to investors about the use of investor funds, some of which were diverted by the defendants for personal use.
Roberts and Taylor were previously indicted for conspiracy to commit wire fraud and wire fraud. Taylor is currently set for trial in April 2017.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Florida Office of Financial Regulation. It is being prosecuted by Assistant United States Attorney Mandy Riedel.
DeLand Man Sentenced to Six Years for Possessing Ethylone with Intent to DistributeRead the Press Release
Orlando, FL – U.S. District Judge Gregory A. Presnell today sentenced Jason Eric Phifer (33, DeLand) to six years in federal prison for possession with intent to distribute ethylone, commonly marketed as the street drug “Molly.” A federal jury found him guilty on September 14, 2016.
According to court documents, between January and May 2015, Phifer ordered four shipments of ethylone, totaling approximately 5.25 kilograms, from a supplier in China. In May 2015, agents discovered a shipment of 1.5 kilograms of ethylone that was destined for Phifer’s residence. On May 20, 2015, undercover agents made a controlled delivery of the ethylone to Phifer at his home. Immediately after the delivery, they executed a search warrant at the home and recovered the 1.5 kilograms of ethylone, and they also found additional quantities in Phifer’s bedroom. Phifer admitted to agents that he had received the ethylone so he could distribute it to customers throughout the United States.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Vincent S. Chiu and Sean P. Shecter.
Leaders of an Orlando-Area Heroin Trafficking Organization Sentenced to Federal PrisonRead the Press Release
Orlando – United States District Judge Carlos E. Mendoza today sentenced Angel Manuel Fontanez (32, Clermont) and his brother, Alexis Fontanez Nieves (29, Orlando), to 17 years and 2 months and 14 years in federal prison, respectively, for conspiracy to distribute and possession with the intent to distribute heroin. Fontanez pleaded guilty on October 12, 2016, and Nieves pleaded guilty on October 21, 2016.
According to court documents and sentencing testimony, Fontanez and Nieves were leaders of an Orlando-based drug trafficking organization whose members referred to themselves as “La Compania” or “The Company.” The organization used a telephone number (“the heroin line”) that frequently changed to sell heroin to customers primarily in the Orlando tourist district, near International Drive. Customers would call the heroin line and arrange to purchase heroin from a member of the organization. The line changed hands from one member of the organization to the next, as heroin was sold during two 12-hour shifts, seven days a week.
Fontanez was the leader of the organization, and he traveled out-of-state to acquire kilograms of heroin that he transported back to the Orlando area and then repackaged into smaller, street-level quantities for distribution. He also managed and directed the activities of the organization’s street dealers.
Nieves helped Fontanez run the organization by repackaging bulk heroin into smaller baggies and supplying both heroin and cocaine to the street-level sellers. After Fontanez was arrested, Nieves directed the organization’s day-to-day activities by recruiting individuals to work for the organization, controlling the heroin line, providing heroin to the organization’s low-level sellers, and collecting money from the sellers at the conclusion of their shifts. The organization distributed approximately one kilogram of heroin every two weeks. During the time of the conspiracy, Fontanez was responsible for distributing at least 30 kilograms of heroin and Nieves was responsible for distributing 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 United States 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.
Former Bank Employee Re-Sentenced for TheftRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today re-sentenced Ane Plate (60, DeLand) to 27 months in federal prison for theft by a bank employee. As part of her sentence, the Court also entered a money judgment in the amount of $176, 079.70, the proceeds of the charged criminal conduct.
Plate pleaded guilty on May 20, 2015. On August 19, 2015, she was initially sentenced by U.S. District Judge Kendall G. Sharp to 27 months’ imprisonment. Plate appealed that sentence, and on October 5, 2016, the Eleventh Circuit Court of Appeals remanded the case for re-sentencing.
According to court documents, between October 8, 2013, and continuing through May 3, 2014, Plate, who was an officer and employee of Wells Fargo Bank, stole $176,079.70 in bank deposits. Specifically, she induced an elderly couple, who had been her clients for several years, to sign an ACH Authorization Agreement allowing Plate to transfer funds from the couple’s Wells Fargo Trust Account to their personal checking account. Plate then manipulated the elderly couple into writing checks to her from that account. Plate would replenish the funds in the couple’s personal account by selling off their securities, without authorization, and transferring the proceeds into the couple’s personal account. Plate then used the stolen money to make improvements to her home, pay her mortgage, and make large cash withdrawals. At the time of the offense, the elderly victims, who were in their nineties, had diminished mental capacities and were living in an assisted living facility.
This case was investigated by the U.S. Secret Service. It was prosecuted by Assistant United States Attorney Kara M. Wick.
California Heroin and Fentanyl Traffickers SentencedRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Luis Sandoval (34, Los Angeles, CA) and Miguel Sandoval (35, Inglewood, CA) to six years and three months in federal prison for conspiracy to distribute a kilogram or more of heroin. Miguel Sandoval pleaded guilty on August 22, 2016, and Luis Sandoval pleaded guilty on September 19, 2016.
According to court documents, during January 2016, a task force comprised of narcotics detectives from the Jacksonville Sheriff’s Office (JSO) and special agents from the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) began investigating a significant heroin supplier based in Jacksonville. Agents and detectives intercepted and arrested the supplier, who had flown to Los Angeles and returned to Jacksonville aboard a Greyhound bus. The supplier was transporting one kilogram of heroin in his luggage, which was seized during the operation. As a result, law enforcement contacted the Sandoval brothers and arranged for the purchase of a kilogram of heroin and fentanyl in Los Angeles.
On April 20, 2016, JSO detectives, DEA and FBI agents from Jacksonville, and law enforcement officers from Los Angeles arrested the Sandoval brothers near Miguel’s home in Inglewood. A search warrant was executed at the home and law enforcement officers located more than a kilogram of fentanyl and a kilogram of heroin.
This case was investigated by the JSO, the DEA, and the FBI. It was prosecuted by Assistant United States Attorney Frank Talbot.
Orlando Man Charged with Investment FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Leone Alfano La Cava (59, Orlando) with 17 counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison on each count.
According to the indictment, La Cava orchestrated an international real estate investment scheme that defrauded at least 40 investors out of more than $4 million. He solicited individuals in Italy to purchase real estate in Orange County that he claimed would generate guaranteed rental income. He used falsified deeds and loan documents to convince investors that they were purchasing property owned by La Cava or one of his entities, Orlando Trust Investment Properties, Inc., or Golden Investment, Inc. In fact, those properties did not exist, were never owned by La Cava or one of his entities, or had already been sold to another investor. La Cava used portions of the funds sent by investors for his own personal use.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorneys Roger Handberg and Nathan W. Hill.
California Man Convicted of Conspiracy to Distribute Drugs on the InternetRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Julian Villa-Gomez Lemus (31, Visalia, CA) guilty of conspiracy to distribute controlled substances. In the past week, his co-defendants Fadhle Muqbel Saeed (31) and Alfonso Bojorquez-Vazquez (30), both of Porterville, California pleaded guilty to related charges of conspiracy to distribute controlled substances. Each faces a maximum penalty of 20 years in federal prison. Sentencing hearings are scheduled for March 23, 2017. The individuals were indicted on May 11, 2016.
According to evidence presented at trial, between May 2012 and October 2013, Saeed, Villa-Gomez Lemus, and Bojorquez-Vazquez were involved in a conspiracy to distribute drugs over the Internet using illicit online drug marketplaces such as “Silk Road.” Payment for these transactions was conducted using “Bitcoin,” a semi-anonymous electronic form of payment.
Members of the conspiracy used the pseudonym “darkexpresso” to conduct over 1,300 Silk Road drug transactions, resulting in gross proceeds of more than $1.9 million. These transactions included methamphetamine, hydrocodone, marijuana, steroids, cocaine, and other controlled substances. The drugs were sent to purchasers throughout the United States and Australia.
This case was investigated by the Drug Enforcement Administration and the United States Postal Inspection Service. It is being prosecuted by Assistant United States Attorneys Vincent S. Chiu and Alejandro J. Salicrup.
Registered Sex Offender Sentenced to More Than 19 Years for Second Offense Involving the Sexual Abuse of MinorsRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Michael Ray Enzor (34, Jacksonville) to 19 years and 6 months in federal prison for transporting, and aiding and abetting the transportation of, child pornography. He also was ordered to serve a supervised release term of 15 years, register as a sex offender, and pay restitution to a victim of his offense. Enzor pleaded guilty on October 4, 2016.
According to court documents, in 2007, Enzor was convicted in Duval County of attempted capital sexual battery on a child less than 12 years old. Consequently, he was sentenced to 10 years in state prison and was released in June 2014. In October 2014, while under conditional release for the state conviction, law enforcement officers discovered that Enzor was sharing child pornography on a social networking chat website based out of Canada.
In addition to sharing child pornography, Enzor had also solicited young girls and mothers and daughters to connect with him on social media for the purpose of providing “extreme” videos to him.
On March 24, 2015, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a search warrant at a residence Enzor shared with other convicted sex offenders. Forensic analyses of Enzor’s electronic media revealed more than 100 video files depicting child pornography.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the York Regional Police in Ontario, Canada. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Man Pleads Guilty to Receiving Child Sexual Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Richard Daniel Lord (58, Jacksonville) has pleaded guilty to receiving child sexual abuse videos over the Internet. He faces a mandatory minimum penalty of 5, up to 20 years, in federal prison, and a potential life term of supervision. A sentencing date has not yet been scheduled. Lord has been in federal custody since his arrest on September 30, 2016.
According to court documents, on September 30, 2016, FBI agents executed a federal search warrant at Lord’s Jacksonville residence, while he was at home. During an interview with agents, Lord admitted to using his cellular telephones to search for, download, and view child pornography, that he was most interested in images and videos of children between the ages of 10-12 years old, and that he searched for child pornography “constantly” and could not control himself. A forensic examination of one of Lord’s cell phones revealed a video that had been downloaded by him on September 16, 2016, depicting a prepubescent minor child being sexually abused.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Federal Prosecutions Remove over 100 Firearms from Central Florida over the Last Six MonthsRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces today that federal prosecutions over the past six months in Orlando have removed more than 100 firearms from Central Florida communities. Since 2001, the U.S. Attorney’s Office in the Middle District of Florida has participated in the national strategy to reduce gun-violence in communities – “Project Safe Neighborhoods.” The strategy involves the coordination and cooperation with local, state, and federal law enforcement partners. To increase the prosecutorial resources necessary to address firearms and violent crime cases, the United States Attorney’s Office, Orlando Division, established a “Gun Unit” earlier this year. The purpose of the Gun Unit is to collaborate regularly with local, state, and federal partners to review and identify firearms and violent crime cases for federal prosecution.
Since June 1, 2016, the Orlando Division has charged over 40 individuals with firearms or violent crime offenses, reflecting an increase of more than 125% for the same period last year. The charges in those cases vary by defendant, but include possession of a firearm by a convicted felon, possession of a firearm in furtherance of a drug trafficking or crime of violence, possession of a stolen firearm, bank robbery, and Hobbs Act robbery. More than 100 firearms have been seized or recovered from those charged (see attachment).
U.S. Attorney A. Lee Bentley, III stated, "Over the past six months, we have dedicated additional resources to the Orlando Division to prosecute violent crime and firearms cases. I would like to commend our local, state, and federal partners who have investigated those cases and we pledge to continue working with them to aggressively prosecute those individuals who illegally possess and use firearms in our communities.” In addition, the U.S. Attorney’s Office has worked closely with its community partners to develop youth prevention, intervention, and outreach strategies to address the various issues associated with gun violence.
The cases summarized in the attachment were investigated by the Apopka Police Department, the Brevard County Sheriff's Office, the Casselberry Police Department, the Cocoa Police Department, the Daytona Beach Police Department, the Lake Mary Police Department, the Melbourne Police Department, the Metropolitan Bureau of Investigation, the Orange County Sheriff’s Office, the Orlando Police Department, the Osceola County Sheriff's Office, the Palm Bay Police Department, the Sanford Police Department, the Seminole County Sheriff's Office, the St. Cloud Police Department, the Titusville Police Department, the Volusia County Sheriff's Office, the Winter Park Police Department, the Florida Department of Law Enforcement, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Marshal’s Service, and the United States Postal Inspection Service.
These cases are being prosecuted as 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. State cases are being coordinated and prosecuted by the Eighteenth Judicial Circuit (Brevard County), the Ninth Judicial Circuit (Orange and Osceola Counties), and the Seventh Judicial Circuit (Volusia County).
The federal cases are being prosecuted by Assistant United States Attorneys E. Jackson Boggs, Jr., Chauncey Bratt, Emily C. L. Chang, Vincent S. Chiu, Tiffany L. Cummins, Christina R. Downes, Nathan Hill, Embry Kidd, Andrew C. Searle, Ilianys Rivera Miranda, Shawn P. Napier, Alejandro Salicrup, Sean Shecter, and Kara Wick.
An indictment or criminal complaint is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
For more information about the cases profiled in this release and other Project Safe Neighborhood cases throughout the Middle District of Florida, please visit our website. For more information about Project Safe Neighborhoods, please visit www.psn.gov.
Federal Jury Convicts Titusville Man of Theft of Government Money and Aggravated Identity TheftRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Ricardo Miguel Mayo (49, Titusville) guilty of theft of government money and aggravated identity theft. He faces a maximum penalty of 10 years in federal prison for the money theft, to be followed by 2 years’ imprisonment for the aggravated identity theft charge. His sentencing hearing is scheduled for March 16, 2017.
Mayo was indicted on September 21, 2016.
According to the evidence presented at trial, a fraudulent 2011 federal tax return in the name of an 84-year-old woman from Georgia was filed in January 2012. The fraudulent return requested that a federal tax refund in the amount of $9,874 be issued via a prepaid debit card, and that the debit card be sent to Mayo’s address. After the return was processed, Mayo received the debit card that was issued in the victim’s name. In February 2012, when the $9,874 tax refund was loaded onto the debit card, Mayo used the card to steal and convert government money in a series of large cash withdrawals and purchases.
This case was investigated by the St. Cloud Internal Revenue Service-Secret Service Financial Crimes Task Force, a task force comprised of the following federal, state and local law enforcement agencies: Internal Revenue Service - Criminal Investigation; the United States Secret Service; the St. Cloud Police Department; the Osceola County Sheriff’s Office; the Brevard County Sheriff’s Office; the Palm Bay Police Department; the Casselberry Police Department; the Kissimmee Police Department; the Winter Park Police Department; and the Maitland Police Department. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
United States Reaches $34 Million Settlement with Cardinal Health for Civil Penalties Under the Controlled Substances ActRead the Press Release
The Recovery Is Part of a $44 Million Nationwide Civil Penalty Settlement with Payment to Be Made to the United States by Cardinal Health, Inc. and its Subsidiary, Kinray, LLC
Orlando, FL – United States Attorney A. Lee Bentley, III and Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA) - Miami Field Division announce that Cardinal Health has agreed to pay $34 million in civil penalties to resolve allegations that the Lakeland, Florida-based distributor failed to report to the DEA suspicious orders of Class II by pharmacies located in central Florida and Maryland. The settlement also resolves a civil investigation in the Western District of Washington into Cardinal Health’s failure to maintain adequate records concerning Class II controlled substances in that district.
Separately, the United States Attorney for the Southern District of New York announced that Cardinal Health has agreed to pay an additional $10 million to resolve allegations that its subsidiary, Kinray, Inc., failed to report suspicious orders by pharmacies operating in the Kinray service area. In the settlement resolving the Florida and Maryland investigations, Cardinal Health acknowledged that, from January 1, 2009, to May 14, 2012, it failed to comply with regulations requiring reports of pharmacies’ suspicious orders of certain narcotic medications.
The Controlled Substances Act imposes civil penalties when DEA registrants fail to report suspicious pharmacy orders for Class II narcotic medications. The settlement announced today imposes a civil monetary sanction for the conduct addressed in Cardinal Health’s administrative settlement executed with the DEA in 2012, which suspended Cardinal’s registration to distribute Class II narcotic medications for a period of two years. The DEA returned Cardinal’s registration in May 2014 while the civil penalty negotiations that led to today’s announcement were pending.
“Today’s settlement with Cardinal Health, along with last year’s $22 million settlement with CVS, illustrates the coordinated response we have taken to Florida’s pill mill crisis,” stated U.S. Attorney Bentley. “Those who play a significant role in supplying Class II medications in our district must meet regulatory requirements or be held accountable.”
U.S. Attorney Bentley also thanked his colleagues U.S. Attorney Rod Rosenstein (District of Maryland), U.S. Attorney Preet Bharara (Southern District of New York), Deputy Civil Chief Tom Corcoran, Assistant U.S. Attorney Tony Pellegrino, and U.S. Attorney Annette Hayes (Western District of Washington) for their collaborative work and assistance with this investigation and settlement. In addition, the investigative work of the DEA - Orlando Field Office, under the supervision of Assistant Special Agent in Charge Jeff Walsh, played a major role in the Florida investigation.
“National pharmaceutical drug companies are not exempt from following the law,” stated Adolphus P. Wright, Special Agent in Charge for the DEA Miami Field Division. “This settlement sends out a clear message that all drug companies will be held accountable when they violate the law and threaten public health and safety. The DEA will continue its efforts to work with our registrants and our law enforcement partners to combat pharmaceutical drug abuse and diversion in Florida.”
The Middle District of Florida investigation was conducted by the Drug Enforcement Administration’s Diversion Group, with negotiations handled by Assistant U.S. Attorneys Randy Harwell and Katherine M. Ho.
Federal Jury Convicts Indialantic Man of Armed Bank Robbery and Other OffensesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Skyler Christian Awad (27, Indialantic) guilty of bank robbery, carrying a firearm during and in relation to a crime of violence, attempted robbery affecting interstate commerce, possession of a firearm by a convicted felon, and other related firearm offenses. He faces a maximum penalty of 20 years, followed by a mandatory consecutive sentence of at least 5 years, in federal prison. A sentencing hearing is scheduled for March 13, 2017.
Awad was indicted on September 15, 2016.
According to testimony and evidence presented at trial, between May 12, 2016, and May 16, 2016, Awad went on a crime spree in Brevard County, when he stole a loaded .22 caliber revolver from a residence in West Melbourne. Four days later, he entered a Subway restaurant in Melbourne and attempted to rob the establishment while armed with a knife. Later that same day, he entered and robbed a TD Bank by threatening to shoot a bank teller. Law enforcement subsequently located Awad, where he then led them on a high-speed chase through residential areas and across busy intersections until he was stopped. Upon apprehension, officers recovered the stolen .22 caliber revolver and the bank money from Awad’s vehicle. As a convicted felon, Awad was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Melbourne Police Department, the Brevard County Sheriff’s Office, the Palm Bay Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorneys Andrew C. Searle and Chauncey A. Bratt.
Middle District of Florida Brings over 100 Project Safe Childhood ProsecutionsRead the Press Release
Tampa, Florida - U.S. Attorney A. Lee Bentley, III announces today that the Middle District of Florida has charged more than 100 defendants in Fiscal Year 2016 as part of the Department of Justice’s Project Safe Childhood (PSC) Initiative. Since 2006, this nationwide initiative has collectively marshaled federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, and identify and rescue victims of abuse. In each of the 94 U.S. Attorney’s Offices throughout the country, an Assistant United States Attorney serves as a Project Safe Childhood Coordinator, dedicated to working with law enforcement to investigate and prosecute these cases. During the 10 years the program has existed, the Middle District of Florida has charged more than 950 defendants with child exploitation offenses.
“From the beginning of Project Safe Childhood, the United States Attorney's Office for the Middle District of Florida has aggressively prosecuted sexual predators who seek to use the Internet to harm and exploit children,” stated U.S. Attorney Bentley. “Working closely with our federal, state, and local law enforcement partners, we will continue to make the prosecution of these cases a top priority.”
From October 1, 2015, through September 30, 2016, the U.S. Attorney’s Office for the Middle District of Florida, with the close assistance of local, state, and federal agencies, brought charges against 103 defendants for child exploitation offenses. The charges in those cases vary by defendant, but include attempted enticement of a minor to engage in sexual activity; production, distribution, possession and/or receipt of child pornography; and child sex trafficking. These cases (see case summaries) were brought by each of the five offices in the district. The press releases for those cases, and other PSC cases, can be found on our district website.
Project Safe Childhood cases in the Middle District of Florida are investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation, the United States Secret Service, the United States Postal Inspection Service, the United States Marshals Service, and the Florida Department of Law Enforcement. The cases profiled in this release were investigated by those agencies, along with the Brevard County Sheriff’s Office, the Cape Coral Police Department, the Clay County Sheriff’s Office, the Cleburne (TX) Police Department, the Cocoa Police Department, the Columbia County Sheriff’s Office, the Jacksonville Sheriff’s Office, the Lee County Sheriff’s Office, the Metropolitan Bureau of Investigation, the Osceola County Sheriff’s Office, the Seminole County Sheriff’s Office, the St. Augustine Beach Police Department, the St. Johns County Sheriff’s Office, and the Volusia County Sheriff’s Office.
These cases were coordinated by the Middle District of Florida’s Project Safe Childhood Coordinator Assistant United States Attorney D. Rodney Brown. Assistant United States Attorneys Robert E. Bodnar, Jr., Emily C. L. Chang, Vincent S. Chiu, Tiffany L. Cummins, Christina R. Downes, Karen L. Gable, Daniel George, William S. Hamilton, Stacie B. Harris, Rachel K. Jones, Amanda Kaiser, Kelly S. Karase, Jennifer L. Peresie, Andrew C. Searle, Ilianys Rivera Miranda, and Yolande G. Viacava prosecuted the cases.
For more information about the cases profiled in this release and other Project Safe Childhood cases throughout the Middle District of Florida, please visit our website. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Project Safe Childhood Case Summaries
Fort Myers
Yaisel Rodriguez (25, Cape Coral) was sentenced to 20 years in federal prison for production of child pornography. While agents from the FBI were executing a search warrant at his home, Rodriguez disclosed that he had recently ended a two-year relationship with a minor. A forensic examination of his computer revealed videos of the minor victim engaged in sexually explicit conduct.
Travis John Jenner (38, Naples) was sentenced to 5½ years in federal prison for distribution of child pornography. Jenner had befriended a minor online and, during a two-year period, received pornographic images of the child. Jenner subsequently distributed child pornography to an undercover detective in a group chat room. As part of his sentence, Jenner was ordered to pay $51,376 in restitution to his victim.
Jacksonville
Michael Eugene Williams (59, Jacksonville) has been charged with production of child pornography, sex trafficking of a child, advertising for child pornography, and transporting child pornography. According to court documents, in July 2016, the Jacksonville Sheriff’s Office executed a search warrant at Williams’s residence after receiving information that he was uploading child pornography for sharing. A forensic examination of devices seized from the residence revealed that he had been texting with a woman in Texas who was producing pornographic images of her 3-year-old daughter and sending them to Williams in exchange for money. If convicted, Williams faces a minimum mandatory penalty of 15 years, up to life, in federal prison.
Justin Laurence McKinley (49, Jacksonville) pleaded guilty to sending notices over the Internet soliciting the live molestation of children for online viewing. According to court documents, the FBI was investigating a website where individuals in a foreign country molested young children for the purpose of broadcasting live streaming “sex shows” to online viewers who paid a fee. McKinley was identified as a customer. Between January 2014 and December 2015, McKinley sent a total of 100 electronic fund transfers totaling $31,415 to the individuals who molested children in these “sex shows.” He faces a minimum mandatory penalty of 15 years, up to 30 years, in federal prison.
Leonard Leland Walters (44, Green Cove Springs) pleaded guilty to three counts of production of child pornography and one count of transportation of child pornography. Walters had bragged to an undercover officer he met online that he was regularly having sexual intercourse with a 15-year-old. Walters offered to assist the undercover officer with sexually abusing the undercover officer’s fictitious 14-year-old “niece,” and he distributed an image of child pornography to the undercover officer. Walters faces a minimum mandatory penalty of 15 years, up to 30 years, on each production count and a minimum mandatory penalty of 5 years, up to 20 years, for the transportation count. His sentencing is set for February 1, 2017.Kyle Adam Kirby (35, Live Oak) was arrested at the Live Oak Police Department (LOPD), where he was employed as an officer. According to court documents, law enforcement officers executed a federal search warrant at Kirby’s residence based on an online child pornography investigation. That same morning, the LOPD Police Chief authorized the agents to inspect and search the computer in the patrol car used by Kirby. A forensic examination revealed that it contained at least 87 thumbnail images that either depicted minor children engaged in sexually explicit conduct or that had titles indicative of child pornography or child exploitation. If convicted, Kirby faces a minimum mandatory penalty of 15 years, up to 40 years, in federal prison.
Jon Christopher Stoune (45, St. Johns) was sentenced to 17½ years in federal prison for attempted online enticement of a minor child to engage in sexual activity, advertising for child pornography, and attempted production of child pornography. Stoune had engaged in a series of text conversations with a person he believed to be a 14-year old child but was actually a detective with the St. Johns County Sheriff’s Office. During the conversations, Stoune discussed in detail his desire to have sex with the “child,” engage in sadomasochistic activity, and obtain pornographic pictures of the “child.” Stoune ultimately drove to St. Augustine Beach to meet the “child” for sex and was arrested. He had a digital camera and several sex toys and condoms concealed in his pants pocket. A search of his vehicle revealed a backpack containing a leather whip, a wooden paddle, a billy club, nylon restraints, and other devices designed for use in sadomasochistic activity.
Ocala
Alan Kenneth Thompson, Jr. (33, Crystal River) was sentenced to 11 years and 4 months in federal prison for distribution of child pornography. After determining Thompson had been using a mobile application to post and receive multiple images of child pornography, federal agents tracked the activity to Thompson’s residence and executed a search warrant. The devices seized from the residence contained more than 4,500 images and 84 video files of child pornography. Thompson told agents that he recently had begun to take non-pornographic photographs of neighborhood children without their knowledge, including more than 3,000 images of a minor girl.
William Edward Spencer (57, Yalaha) pleaded guilty to possession of child pornography. After identifying multiple images of child pornography hosted on the Internet, federal agents traced the activity to Spencer’s residence and executed a search warrant. The devices seized from the home contained more than 2,000 images and 140 video files of child pornography. Spencer admitted to receiving and distributing child pornography, and he now faces up to 10 years in federal prison. His sentencing is set for January 19, 2017.
Orlando
Joshua Adam Tatro (24, Merritt Island) was sentenced to 350 years in federal prison for production, receipt, and possession of child pornography. On nine separate occasions, Tatro had produced images and videos depicting him sexually abusing a three-year-old child. He also had used a messaging app to send and receive images depicting child pornography and had uploaded images to an online account that he maintained.
Dane Gillis (59, Leesburg) was sentenced to 30 years and 5 months in federal prison for attempting to entice a minor to engage in sexual activity, soliciting an undercover federal agent to commit kidnapping, and transmitting interstate commerce threats to kidnap and injure a former co-worker. Gillis had posted an ad on Craigslist stating, “Looking for a guy or group who r into extremely taboo scenes. Hi risk and reward for the right sadistic Pervert.” An undercover agent responded to the ad and stated that he was the father of an 11-year-old daughter. Gillis communicated with the agent through email and text for two weeks and made arrangements to have sex with the “child.” He also solicited the agent to help him kidnap and rape a former co-worker. He was arrested after attempting to meet the “father and child.”
Kennedy Harris, Jr. (23, Cocoa) was convicted by a jury of sex trafficking a child and production of child pornography. Harris had taken in his victim, a 16-year old girl, after she ran away from home. He then took sexually suggestive photographs of her and advertised her for sex on Backpage.com. Harris also enticed the teen to engage in sexually explicit conduct for the purpose photographing her. Over the course of approximately two weeks, the victim had sex with up to eight men per day, giving the money she received to Harris. In exchange for her sex acts, Harris gave the victim crack cocaine nearly every day. Harris is facing a minimum mandatory penalty of 15 years, up to life, in federal prison. Sentencing is set for January 9, 2017.
Timothy Michael Sedlak (43, Ocoee) was sentenced to 42 years in federal prison for production and possession of child pornography. Sedlak had taken photographs of himself sexually abusing a small child on two separate occasions. The first incident took place in 2009, when the victim was a year old, and the second incident took place in 2011, when the same victim was three years old. The images of Sedlak abusing the victim were discovered when United States Secret Service agents executed a search warrant on Sedlak’s home as part of an unrelated computer intrusion investigation. In addition to the images of the victim, agents discovered hundreds of images of child pornography on Sedlak’s computers.
Luis Serrano (24, Orlando) was sentenced to 20 years in federal prison for production of child pornography. Serrano had befriended a minor victim on a chat website when she was 13 years old and, during the next two years, persuaded and directed her to engage in sexual activity during live video chats that he recorded. Serrano also persuaded the child to record herself engaging in sex acts and send the images to him. When the victim was 16 years old, Serrano convinced her to meet him in person to engage in sex acts, and he took explicit photographs of the conduct. Serrano distributed the pornographic images of the victim to between five and ten individuals.
Ricky Delano Sheppard (59, Melbourne), a former Spessard Holland Elementary School principal, was sentenced to 6 ½ years in federal prison for receiving child pornography. In June 2016, agents had executed a search warrant at Sheppard’s residence. A forensic examination of his computer media revealed thousands of images depicting child pornography, the majority of which depicted young boys, including toddlers, engaging in sexual acts.
Tampa
Alysia N. Algere a/k/a “Coco” (29, Tampa) was sentenced to 15 years in federal prison for sex trafficking three minors. Algere had recruited two minor boys and a minor girl, who were between 14 and 16 years old, to engage in commercial sex acts. She took sexually explicit photos of the minors and posted advertisements on the Internet selling them for sex.
Maurice Williams (26, Tampa) and his brother, Antawan Hudson (31, Tampa), were sentenced to 40 years in federal prison and 30 years in federal prison, respectively, for sex trafficking minors. Williams had conspired with Hudson to traffic underage girls by fraud, force, and coercion in the commercial sex trade. The brothers worked together to post online prostitution ads for the victims and then transported the girls throughout central Florida to have sex with customers. After the victims had sex with the customers, Williams and Hudson took some or all of the money and, in exchange, offered the victims drugs, alcohol, and beauty appointments.
Larry Urwiler (68, Dunedin) has pleaded guilty to enticement of a minor. According to court documents, Urwiler responded to an advertisement posted on Craigslist where an undercover agent posed as a mother of the 13-year-old girl. Urwiler texted the “mother” and indicated that he would engage in sexual activities with the “child” and teach the “child” about oral sex. Urwiler ultimately drove to Lee County to meet the "child." He brought lubricant to engage in sexual activity and a teddy bear for the child. He is facing a minimum mandatory penalty of 10 years, up to life, in federal prison.Jorge Valencia (43, St. Petersburg) was sentenced to 12 years and 11 months in federal prison for receiving child pornography and attempting to entice a minor. An undercover FBI task force officer had discovered that Valencia was sharing child pornography using an online file-sharing program. A search warrant was executed at his residence and several of his electronic devices were seized. The forensic analyses revealed that Valencia had been using a phone messaging app since at least 2012 to chat with individuals he believed to be under the age of 18 for the purpose of soliciting sexually explicit pictures from them. A large collection of child pornography, including numerous videos and images depicting children under the age of 12, were also found on his devices.
Second Individual Pleads Guilty to $10 Million Investment FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Eric Leon Ager (77, Clearwater) today pleaded guilty to conspiracy to commit mail fraud and wire fraud. He faces a maximum penalty of 20 years in federal prison. Ager has agreed to pay over $10.3 million in restitution to his victims. His sentencing hearing has been set for March 13, 2017.
According to court documents, Ager and his conspirators defrauded over 200 victims out of more than $10.3 million through investments offered in connection with a company called Tri-Med Corporation. Ager and his brother, Irwin Charles Ager (84, Lake Mary), were marketing directors for Tri-Med Associates, the “marketing arm” of Tri-Med. Both were responsible for soliciting investors, as well as recruiting and managing many of the sales people who sold investments in Tri-Med.
The investment fraud scheme involved the alleged purchase of medical receivables by Tri-Med related to services provided to accident victims represented by personal injury attorneys. Payment of those medical receivables was supposed to be made from the proceeds of litigation or an insurance claim made against a general liability or automobile insurance policy. Each of the medical receivables was supposed to be secured by a “letter of protection,” provided by a patient’s personal injury attorney to a medical services professional as an incentive to provide services to a patient. A letter of protection is a contract involving a patient, the patient's attorney, and the medical services provider from the proceeds of any pre-suit settlement, lawsuit settlement, or judgment that the patient may obtain.
To fund Tri-Med’s alleged purchases of medical receivables, the Ager brothers and other conspirators solicited individuals to participate in an “investment program” where investors’ money would be used by Tri-Med to buy medical receivables “backed” by letters of protection. As part of their solicitations, the conspirators represented to investors that their investments were safe and that investor funds would be held in a trust account that was controlled by an attorney. To assure investors that their investments were secure, Tri-Med claimed that it would transfer its interest in the protection letter to the investor in a document called an “Assignment of Interest Certificate.”
Those representations were false. Of the more than $17 million raised from over 200 investors, only approximately $2.7 million was ever transferred from Tri-Med to the attorney’s trust account. The majority of the funds raised from investors never made it to that account. Over $6.5 million was paid to the sales people and the operators of Tri-Med or was used by them to benefit themselves or pay business expenses. Approximately $2.3 million was paid as distributions to investors to make them believe that their investments were profitable. In fact, Tri-Med did not purchase enough medical receivables to secure the incoming investments, so it fabricated “Assignment of Interest Certificates.”
On December 2, 2016, Irwin Charles Ager pleaded guilty to conspiracy to commit mail fraud and wire fraud. He faces up to 20 years in federal prison and has agreed to pay over $10.3 million in restitution to his victims. His sentencing hearing has been set for February 17, 2017.
Commissioner Drew J. Breakspear said, “The Florida Office of Financial Regulation thanks the United States Attorney’s Office for the Middle District of Florida and the United States Secret Service for their diligent effort to bring this individual to justice. We will continue to work with our partners to protect Floridians and combat financial crime.”
This case was investigated by the United States Secret Service and the State of Florida’s Office of Financial Regulation. It is being prosecuted by Assistant United States Attorneys Shawn P. Napier and Roger B. Handberg.
Armed Career Criminal Sentenced to 15 YearsRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Timothy Dale Washington, II (33, Tampa) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The Court also ordered him to forfeit the firearm and ammunition used in the offense. He pleaded guilty on September 12, 2016.
According to court documents, on January 24, 2016, deputies from the Hillsborough County Sheriff’s Office located Washington at an apartment complex in Tampa, pursuant to an outstanding arrest warrant. As the deputies announced their presence and approached Washington, he removed a pistol from his pants, dropped it, and fled. The deputies apprehended and arrested Washington. At the time, Washington had multiple prior felony convictions for violent offenses and serious drug offenses, and therefore was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Taylor G. Stout.
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.
Gang Member Sentenced to Fifteen Years for Possessing A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Adam Longoria (30, Wimauma) to 15 years in federal prison for being a felon in possession of a firearm. Longoria pleaded guilty on September 28, 2016. As part of his plea, he agreed to forfeit any rights to the following items: a Mossberg International 715T (.22 caliber) semi-automatic rifle; a Glock 22 (.40 caliber) pistol; a Glock 43 (9mm) pistol; 15 rounds of .40 caliber ammunition; and a Savage Arms (.22 caliber) rifle.
According to court documents, in March 2015, a detective with the Hillsborough County Sheriff’s Office (HCSO) was using social media to identify illegal firearms sales. The detective observed a Facebook profile in the name of Adam Longoria selling a .22 caliber AR-15 style rifle for $300. He also observed Longoria “throwing” gang hand signs and confirmed that Longoria had been previously documented by HCSO as a Westside Bloods gang member. Additionally, the detective discovered that Longoria was a convicted felon who was currently on federal supervised release, after being released from federal prison for cocaine trafficking.
On March 17, 2015, the detective, working in an undercover capacity, sent Longoria a private Facebook message inquiring about the AR-15. Longoria stated that he still had the rifle for sale and told the deputy to meet him at a Walmart in Plant City.
Once the detective arrived at the location, Longoria advised, by phone, that his “wife” would sell the rifle at another location. Next, the detective met with a woman, who informed the deputy that the rifle was in the back of her vehicle. The detective then retrieved the rifle from the back of the vehicle and paid the female $300. The gun purchased was a Mossberg International 715T (.22 caliber) semi-automatic rifle.
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.
Bradenton Woman Sentenced to Ten Years for Witness Tampering and Obstruction of JusticeRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Delexsia Harris (24, Bradenton) to 10 years in federal prison for witness tampering and obstruction of justice. A federal jury found her guilty on September 22, 2016.
According to testimony presented during the four-day trial, Harris threatened and intimidated multiple persons who were scheduled as witnesses in the trial of United States v. Nathaniel Harris et al., which occurred this summer. Harris threatened and intimidated witnesses in person and on social media, threatening to hurt and murder individuals cooperating with law enforcement, and telling one victim that Ms. Harris’s family would kill her and her children. Testimony also demonstrated that Harris had helped a defendant in that case solicit a false alibi.
In addition, testimony and evidence showed that Harris had lied to law enforcement officers following the July 3, 2012, murder of Ceola Lazier. Prosecutors presented evidence that she had participated in the murder, with her brother and another man, and later had told police officers that the killers were two unknown men driving a white Mercedes Benz. Harris’s brother, Charlie Green, and the other man, Jerry W. Green, were convicted of the shooting death of Lazier following the trial of United States v. Nathaniel Harris et al.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Natalie Adams and Shauna Hale.
Tampa Resident Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Quentin Cephus (30, Tampa) today pleaded guilty to forcibly assaulting and inflicting bodily injury on a federal employee, while that employee was carrying out his official duties. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been scheduled.
According to court documents, on February 9, 2016, Cephus approached a U.S. Bureau of Prisons (BOP) official who was conducting an audit at the Hillsborough County Residential Reentry Center. Cephus, who was a resident at the reentry center, punched the official in the face with a closed fist and inflicted bodily injury on him. Moments later, he spat in the official’s face.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Mandy Riedel.
Fort Myers Man Sentenced to Federal Prison for Credit Card Fraud and Identity TheftRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Edrey Santo Rojas (31, Fort Myers) to three years and nine months in federal prison for access device (credit card) fraud and aggravated identity theft. He pleaded guilty on August 31, 2016.
According to the plea agreement, between December 9, 2014, and August 8, 2015, Santo Rojas used unauthorized credit card information at retail establishments, including the Nike Factory Store, Target, Kay Jewelers, McDonalds, and the Home Depot to acquire items using the credit card information of others without lawful authority.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael C. Baggé-Hernández.
Former Attorney Indicted on Bankruptcy Fraud ChargesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Josiah Hutton (60, Winter Haven) with concealment of assets and embezzlement from a bankruptcy estate. If convicted, he faces a maximum penalty of five years in federal prison on each count.
According to the indictment, Hutton was retained to represent a debtor who was planning to file for bankruptcy. In anticipation of filing a bankruptcy petition, Hutton received a settlement check, which was the property of the debtor’s bankruptcy estate, that he deposited into his attorney escrow account. Hutton prepared and certified the debtor’s bankruptcy petition but failed to list the settlement check as an asset, thereby concealing it from creditors and the bankruptcy court. Subsequent to the filing of the debtor’s petition, Hutton embezzled a large portion of the settlement check for his own personal use.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Federal Bureau of Investigation and the Florida Department of Law Enforcement, with assistance from the Office of the United States Trustee for the Middle District of Florida, Tampa Division. It will be prosecuted by Special Assistant United States Attorney Chris Poor.