Middle District of Florida

Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces that Hugo Margenat-Castro (25, Orlando) has pleaded guilty to conspiracy to possess with intent to distribute 100 grams or more of heroin and distribution of fentanyl that resulted in the death of another. He faces a mandatory minimum term of 20 years, up to life, in federal prison. A sentencing date has not yet been set.

 

According to the plea agreement, Margenat-Castro used a social media website called the “Experience Project” to distribute heroin and fentanyl in Orlando. He posted the equivalent of an advertisement on the website under the headings “I Love Heroin” and “Heroin in Orlando.” Margenat-Castro would then post his phone number in order for individuals to contact him if they wanted to purchase heroin, bragging about the potency of the heroin. From January 2015 through October 7, 2015, Margenat-Castro distributed over 100 grams of heroin.

 

After visiting the “Experience Project” website, W.G. contacted Margenat-Castro and arranged to purchase heroin from him. W.G. drove to Orlando from Georgia and purchased the heroin on August 18, 2015. He overdosed and died several hours later. A medical examiner determined that W.G. had died of fentanyl toxicity. A laboratory analysis of the remaining drugs W.G. had purchased from Margenat-Castro revealed that the suspected heroin was actually fentanyl.

 

Following his arrest, Margenat-Castro admitted that he had been selling heroin mixed with fentanyl, and that he often had warned customers that the “heroin” was so strong that that they should only use a half a bag at a time.

 

This case was investigated by Drug Enforcement Administration, the Orange County Sheriff’s Office, and the Osceola County Investigative Bureau. It is being prosecuted by Assistant United States Attorney Shawn P. Napier.

Tampa, FL – U.S. District Judge Virginia Covington yesterday sentenced Quentin Cephus (30, Tampa) to three years and five months in federal prison for forcibly assaulting and inflicting bodily injury on a federal official, while that employee was carrying out his official duties. Cephus pleaded guilty on December 19, 2016.

 

According to court documents, on February 9, 2016, Cephus approached a U.S. Bureau of Prisons official who was conducting an audit at the Hillsborough County Residential Re-entry Center. Cephus, who was a resident at the 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 was prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Mandy Riedel.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Teresa Wilson (27, Jamaica) to 16 months in federal prison for conspiracy to commit mail fraud. As part of her sentence, the Court also entered a money judgment in the amount of $270,000, which are proceeds of the offense.

 

Wilson pleaded guilty on October 19, 2016 and is the third defendant to plead guilty during this investigation. Yanique Coach and Dwayne Breary were previously sentenced to 12 months and a day, and 6 months’ imprisonment, respectively.

 

According to court documents, an 89-year-old victim in Virginia received phone calls from two people in October and November 2014, advising that she had won $3.5 million dollars from the Mega Millions Sweepstakes. One of the callers identified himself as being associated with the sweepstakes, and the other purported be an attorney. The callers told the victim that her name had been entered into the lottery through a magazine subscription, but that the victim needed to pay fees and taxes before receiving her winnings. From October 31, 2014 to November 25, 2014, at the direction of the callers, the victim complied and mailed $282,600 in cash to various locations in Florida and Georgia, concealing the money in magazines and cereal boxes.

 

The family of the victim learned about the large withdrawals of money from the victim’s bank account and contacted the FBI. On March 6, 2015, the victim was instructed by the callers to send $150,000 in cash to an apartment in Orlando, Florida. On March 19, 2015, a third co-conspirator signed for and accepted the package upon delivery. Agents then executed a search warrant and recovered the package.

 

During the fraud scheme, Wilson, who was attending law school in Jamaica, had co-conspirators hold packages for her containing hundreds of thousands of dollars, which they had received from the victim in the United States. Wilson would then travel from Jamaica to retrieve the money or make arrangements for another co-conspirator to travel from Jamaica to do the same. Wilson then either transported the money, or clothes purchased with the victim’s money, back to Jamaica and delivered the items to the leaders of the scheme.

 

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney James D. Mandolfo.

Tampa, FL – Acting United States Attorney W. Stephen Muldrow announces that Josiah E. Hutton (60, Winter Haven) today pleaded guilty to concealment of assets from a bankruptcy estate. He faces a maximum penalty of five years in federal prison. Sentencing has been set for June 5, 2017.

 

According to the plea agreement, 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 property of the debtor’s bankruptcy estate, and deposited it into his attorney escrow account. Hutton later prepared and certified the debtor’s bankruptcy petition, yet he failed to list the settlement check as an asset, thereby concealing the asset from creditors and the Bankruptcy Court.

 

This case was investigated by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. It is being prosecuted by Special Assistant United States Attorney Chris Poor.

Tampa, Florida – W. Stephen Muldrow has been named as the Acting United States Attorney for the Middle District of Florida. He assumed this post following the resignation of A. Lee Bentley, III on March 13, 2017.

 

From July 2013 to March 2017, Mr. Muldrow served as the First Assistant U.S. Attorney to United States Attorney A. Lee Bentley, III. Mr. Muldrow has been an Assistant U.S. Attorney in the Middle District of Florida since 2001, where he also served as an Organized Crime Drug Enforcement Task Force (OCDETF) prosecutor, a Senior Litigation Counsel, and Chief of the Major Crimes Section. Before that, he was an Assistant U.S. Attorney in the District of Puerto Rico from 1995 to 2001, where he served as that district’s Lead OCDETF Attorney and Coordinator for the High Intensity Drug Trafficking Area (HIDTA) Task Force. In 1989, Mr. Muldrow joined the Department of Justice through the Honors Program as a Trial Attorney in the Tax Division, Civil Trial Section, Northern Region (Washington, D.C.), where he remained until 1995. From 1988 to 1989, he worked as a Law Clerk for the United States Marshals Service, Office of Legal Counsel (Washington, D.C.). Mr. Muldrow earned his Bachelor of Arts degree in Economics with a minor in Spanish from Bucknell University (1986), his law degree with honors from The American University, Washington College of Law (1989), and a Master of Arts in Law & International Affairs, also from The American University (1989).

 

The Middle District of Florida serves 35 of the 67 counties in Florida, which is over half the population of Florida, from Jacksonville in the north, Orlando and Ocala in the center of the state, through Tampa on the west coast, and south to the Ft. Myers area. Headquartered in Tampa, five offices are located throughout the district.

Orlando, Florida – United States District Judge Roy B. Dalton, Jr. yesterday sentenced Skyler Christian Awad (28, Indialantic) to 13 years and one month in federal prison for 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 federal firearm offenses. The Court also ordered Awad to forfeit an H&R (model 949) .22 caliber revolver and rounds of ammunition, which he had used to commit some of the offenses he was convicted of.

 

Awad was found guilty by a jury on December 22, 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, beginning with the theft of 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 in a vehicle, where he then led them on a high-speed chase through residential areas and across busy intersections until he was stopped. Upon his arrest, 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 was prosecuted by Assistant United States Attorneys Andrew C. Searle and Chauncey A. Bratt.

Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Jason Sanon (30, Ft. Myers) guilty of conspiracy to traffic in counterfeit trademarks on DVDs and trafficking in DVDs bearing counterfeit trademarks. His sentencing hearing is scheduled for June 1, 2017.

 

According to the testimony and evidence presented at trial, Sanon owned and operated WipeoutDVDs.com, an online company that sold counterfeit DVDs to retail customers across the United States, from the end of 2010 until mid-2013. Sanon bought the DVDs that he sold from TM Wholesale, a Chinese manufacturer of counterfeit DVDs. The testimony established that Sanon had bought at least $600,000 in movies and TV box sets from his source in China, and then re-sold them for a profit to his customers. All of the DVDs that Sanon sold through his company bore counterfeit trademarks and logos of the movie studios that had produced the authentic versions of these disks.

 

The investigation leading to this prosecution was the off-shoot of a related investigation conducted by the Department of Homeland Security which resulted in the successful prosecution of 15 other individuals who had also trafficked in counterfeit DVDs from the same Chinese source. That investigation led to criminal forfeitures of over $2,400,000 and other seizures of vehicles and a business in Polk County.

 

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with the assistance of the Motion Picture Association of America. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer, continuing the work that had previously been done by former Assistant United States Attorney Mark Bini.

Tampa, Florida – A. Lee Bentley, III, United States Attorney for the Middle District of Florida, announced today that he will step down from his post on March 13, 2017. Mr. Bentley has tendered his resignation to President Donald J. Trump and Attorney General Jeff Sessions.

“Serving for the past four years as United States Attorney has been a humbling experience. I have been privileged to serve with many of the finest lawyers in the country on criminal and civil matters of critical importance to the citizens of the Middle District of Florida. I am extremely grateful to my colleagues and to our partners in federal, state, and local law enforcement.”

Mr. Bentley has been an Assistant United States Attorney in the Middle District of Florida since 2000. During that time, he served as First Assistant to former United States Attorney Robert E. O'Neill and Chief of the Criminal Division. Prior to that, he worked at the law firm of Hogan & Hartson in Washington, D.C. as an associate (1990-1992) and a partner (1993-2000). Mr. Bentley also has served as a Special Assistant United States Attorney in the Southern District of Florida (Miami), an Attorney Advisor in the Office of Legal Counsel, Department of Justice (Washington, D.C.), a law clerk to Hon. Lewis F. Powell, Jr., United States Supreme Court (Washington, D.C.), and a law clerk to Hon. Clement F. Haynsworth, Jr., United States Court of Appeals for the Fourth Circuit (Greenville, South Carolina). He graduated with highest honors from the University of Georgia (1980) and the University of Virginia School of Law (1983). Mr. Bentley was nominated by President Barack Obama on June 19, 2014, and confirmed by the U.S. Senate on December 16, 2014.

During Mr. Bentley’s tenure as U.S. Attorney, the Office indicted over 4,200 cases and charged more than 5,500 defendants in criminal conduct impacting the Middle District of Florida (MDFL). The Office also handled nearly 1,000 criminal and civil appeals, and defended the United States in thousands of civil cases. Additionally, operating with an annual budget of approximately $28 million, the MDFL collected more than $1.2 billion in criminal and civil actions between 2014 and March 2017. These recoveries are part of ongoing efforts to recover money and assets from criminals, and to seek restitution for crime victims.

As U.S. Attorney, Mr. Bentley oversaw complex cases involving some of the nation’s highest priorities and Department of Justice initiatives, including:

• Terrorism
• Violent Crime & Gangs
• Health Care Fraud
• Human Trafficking and Child Exploitation
• Civil Rights
• Ex-Offender Re-Entry

The Middle District of Florida serves 35 of the 67 counties in Florida, which is over half the population of Florida, from Jacksonville in the north, Orlando in the center of the state, through Tampa on the west coast, and south to the Ft. Myers area. Headquartered in Tampa, five offices are located throughout the district.

Tampa, Florida – U.S. District Judge Virginia Hernandez Covington today sentenced Ernest Vereen, Jr. (40, Tampa) to 24 years and 5 months in federal prison for possessing a firearm as an Armed Career Criminal. He was found guilty on November 1, 2016, after a two-day trial.

 

According to trial testimony, when officers from the Tampa Police Department confronted Vereen pursuant to an ongoing investigation, he reached for his firearm before ultimately complying with their demands. During the sentencing hearing, the judge described Vereen’s decades-long history of sexual and physical violence, noting that she was particularly concerned that Vereen targeted people with less physical strength than him, specifically women and, in one instance, a 4-year-old child. The judge explained her decision to sentence Vereen at the high end of his guidelines range, explaining that the Court’s first obligation was to keep society safe.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Natalie Hirt Adams.

 

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of three indictments charging 16 individuals with federal drug trafficking crimes. Felix Mejia Lagunas, a/k/a “Carlos Lagunas Salgado,” (41, Riverside, California); Jesus Alberto Bermudez Caraballo, a/k/a “Bebo,” (28, Orlando); Jose Carlos Polanco Vasquez, a/k/a “Pola,” (28, Orlando); Raul Vicente Espada Ortiz, a/k/a “Gordo,” (39, Orlando); Deyvis Lee Echevarria (29, Orlando); Angel Alexis Alicea, a/k/a “Maly,” (28, Tampa); Jose Leonardo Jimenez, a/k/a “Cuzzy,” (28, Tampa); Jose Angel Leonardo Jimenez, a/k/a “Chuki,” (26, Tampa); Jose Antonio Crespo-Negron, a/k/a “Chepo,” (30, Tampa); Rachel Augustine Thomas (55, St. Petersburg); Juan Carlos Lopez, a/k/a “Bori,” (33, Tampa); Freddie Resto (58, Tampa); and Robert Kelly (55, Tampa) were charged with conspiracy to possess with intent to distribute heroin. If convicted, each faces a maximum penalty of life in federal prison. Additionally, Hector Luis Vazquez Alvalle, a/k/a “Hectitor,” (40, Orlando); Alberto Torres Ortiz, a/k/a “El Viejo,” (39, Homestead); and Christian Torres Vasquez (30, Guayama, Puerto Rico) were charged with conspiracy to possess with intent to distribute cocaine. If convicted, each faces a maximum penalty of 40 years in federal prison. The indictments also notify the defendants that the United States intends to forfeit an Acura ILX, Ford F-250, and $79,520 which are alleged to be traceable to proceeds of the offenses.

 

According to the indictments, between December 2015 and March 2017, the defendants conspired to distribute heroin or cocaine.

 

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

 

“FBI Tampa Division is proud of the multi-agency, multi-jurisdictional effort to disrupt an alleged drug distribution network in our community. We as law enforcement officers took an oath to serve and protect and this operation exemplifies that commitment,” said Special Agent in Charge of FBI Tampa Division Paul Wysopal.

 

“This is the result of a collaborative, long-term effort by local, state, and federal agencies,” said Tampa Police Chief Eric Ward. “We’re working together to get dangerous drugs and dangerous individuals off the streets, and making our communities safer.”

 

FDLE Commissioner Rick Swearingen said, "After FDLE agents worked with Tampa police officers to initiate this long term investigation, FDLE, along with our partners, seized numerous kilos of cocaine and heroin, firearms and currency from an international, criminal street gang and successfully shut down a major heroin and cocaine trafficking organization in our state. Detecting and dismantling this type of criminal organization is a priority of FDLE and we work diligently in collaboration with our local, state, and federal partners to remove these threats."

 

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

The Justice Department today announced that Thomas Herris Sigler, III, 45, of Port Richey, Florida, pled guilty in the U.S. District Court for the Middle District of Florida, Tampa Division, to one count of conspiring with others to threaten, intimidate, and interfere with an interracial couple’s enjoyment of their housing rights, in violation of U.S. Code, Title 18 U.S.C. § 241.

“The defendant threatened and intimidated a couple in their home and neighborhood, denying them of the simple ability to feel safe where they lived, on account of race,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division.  “The Justice Department will continue to vigorously prosecute those who engage in such violent acts.”

“No one should be threatened or intimidated in his home because of his race, color, or creed,” said U.S. Attorney A. Lee Bentley III for the Middle District of Florida. “It is sad that crosses are being burned in front yards in the 21st century. Acts of hatred such as this simply cannot be tolerated under law.”

“Unfortunately, people hold bias and prejudice against others for no apparent reason,” said Special Agent in Charge Paul Wysopal of the FBI Tampa Division.  “This case demonstrates people who act out such prejudices will be held accountable. Such behavior is unacceptable.”

According to court documents, in September and October 2012, Sigler was living on Seward Drive in Port Richey in a predominantly white community.  After an interracial couple moved next door, Sigler harassed the African-American neighbor with racial slurs and derogatory statements, and on one occasion, physically assaulted him.

On Halloween night, Sigler attended a party at a neighbor’s house, where several Seward Drive residents decided to burn a cross in the front yard of the interracial couple in order to intimidate them and force them to move from the residence.  Using wood and tools from the host of the Halloween party, Sigler and his co-conspirators constructed a wooden cross and poured gasoline on the cross.  Sigler’s co-conspirators then carried the cross to the victims’ front yard, leaned it against their mailbox, and set the cross on fire.

One of Sigler’s co-conspirators, Pascual Carlos Pietri, pled guilty to the same charge as Sigler in 2015, and was sentenced to 37 months imprisonment on March 23, 2016.  A third co-conspirator, William A. Dennis, 56, of Pasco County, Florida, is also charged for his role in the conspiracy.

This case was investigated by the FBI. It was prosecuted by Assistant U.S. Attorneys Josephine W. Thomas and Simon A. Gaugush of the Middle District of Florida and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.

Tampa, FL – U.S. Attorney A. Lee Bentley, III today announced that Thomas Herris Sigler, III (45, Port Richey) pleaded guilty to one count of conspiring with others to threaten, intimidate, and interfere with an interracial couple’s enjoyment of their housing rights.

 

“No one should be threatened or intimidated in his home because of his race, color, or creed,” said U.S. Attorney Bentley. “It is sad that crosses are being burned in front yards in the 21st century. Acts of hatred such as this simply cannot be tolerated under law.”

 

“The defendant threatened and intimidated a couple in their home and neighborhood, denying them of the simple ability to feel safe where they lived, on account of race,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute those who engage in such violent acts.”

 

“Unfortunately, people hold bias and prejudice against others for no apparent reason,” said Special Agent in Charge Paul Wysopal of the FBI Tampa Division. “This case demonstrates people who act out such prejudices will be held accountable. Such behavior is unacceptable.”

 

According to court documents, in September and October 2012, Sigler was living on Seward Drive in Port Richey in a predominantly white community. After an interracial couple moved next door, Sigler harassed the African-American neighbor with racial slurs and derogatory statements, and on one occasion, physically assaulted him.

On Halloween night, Sigler attended a party at a neighbor’s house, where several Seward Drive residents decided to burn a cross in the front yard of the interracial couple in order to intimidate them and force them to move from the residence. Using wood and tools from the host of the Halloween party, Sigler and his co-conspirators constructed a wooden cross and poured gasoline on the cross. Sigler’s co-conspirators then carried the cross to the victims’ front yard, leaned it against their mailbox, and set the cross on fire.

 

One of Sigler’s co-conspirators, Pascual Carlos Pietri, pled guilty to the same charge as Sigler in 2015, and was sentenced to 37 months imprisonment on March 23, 2016. A third co-conspirator, William A. Dennis, 56, of Pasco County, Florida, is also charged for his role in the conspiracy.

 

This case was investigated by the FBI. It was prosecuted by Assistant U.S. Attorneys Josephine W. Thomas and Simon A. Gaugush and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that David Esteves (52, Port Richey) today pleaded guilty to obstructing proceedings before a federal agency or department. He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.

 

According to the plea agreement, Esteves was the Director of Maintenance at Avantair, Inc., a now-defunct aircraft fractional ownership company based at St. Petersburg-Clearwater International Airport in Clearwater, Florida. On the morning of July 28, 2012, a Piaggio P.180 Avanti airplane owned and operated by Avantair was taking off from Camarillo, California, en route to San Diego when the plane’s left elevator fell off on the runway. The plane managed to land in San Diego and pick up passengers for a second flight to Henderson, Nevada, during which the captain reported to Avantair headquarters in Clearwater that he was experiencing difficulty controlling the plane. The report was captured on the plane’s Cockpit Voice Recorder (CVR).

 

After landing in Henderson, the missing elevator was discovered, and the nuts and bolts attaching the plane’s right elevator were also found to be unsafely loose. Federal regulations and company policy required that the plane be quarantined pending an investigation by the National Transportation Safety Board (“NTSB”) and Federal Aviation Administration (“FAA”), which soon arrived to investigate. Before federal investigators were able to inspect the plane, however, Esteves instructed a third-party contractor to remove the loose right elevator and send it back to company headquarters. Esteves also instructed the contractor to power up the plane, knowing that doing so would erase the CVR, including the recording of the flight to Henderson in which the pilot reported problems controlling the plane. These actions were undertaken to obstruct and impede the NTSB’s and FAA’s investigation of the accident and Avantair’s continuing operation of its aircraft in an unsafe condition.

 

This case was investigated by the Office of the Inspector General for the U.S. Department of Transportation. It is being prosecuted by Assistant United States Attorney Eric K. Gerard.

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced Leonard Leland Walters, Jr. (45, Green Cove Springs) to 30 years in prison for production of child pornography and one count of transportation of child pornography. Following imprisonment, Walters was ordered to a lifetime term of supervised release.

 

According to court documents, in March 2015, Walters began communicating with an undercover law enforcement officer online, during which he bragged about having sexual intercourse with a 15-year-old on a regular basis. Walters offered to assist the undercover officer with sexually abusing the undercover’s fictitious 14-year-old “niece.” On or about March 24, 2015, Walters transmitted a photograph depicting an image of a child engaged in sexually explicit conduct. On April 27, 2015, U.S. Homeland Security Investigations and the Clay County Sheriff’s Office executed a federal search warrant at Walters’s residence in Green Cove Springs, Florida. Several electronic devices were seized and approximately 619 still images and 11 videos depicting a minor victim engaging in sexually explicit conduct, in many instances with Walters, were recovered.

 

"This sentence serves as a reminder of the gravity of this crime," said Susan L. McCormick, special agent in charge of HSI Tampa. "It’s also a testament to the dedicated HSI special agents who aggressively investigate these criminals, ensuring they receive the punishment they deserve.”

 

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

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Priscilla Ann Ellis (52, Killeen, TX) guilty of murder-for-hire, retaliating against witnesses, and conspiring to create counterfeit securities. She faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been scheduled.

 

Ellis was first indicted on November 22, 2016, on charges of witness retaliation and murder-for-hire. A superseding indictment was filed on January 17, 2017, adding the counterfeit security conspiracy charge.

 

According to evidence presented at trial, on October 21, 2016, Ellis and two co-defendants were convicted at trial of conspiracies to commit international money laundering and mail and wire fraud. They were remanded to custody at the Pinellas County Jail. Over the next 48 hours, Ellis solicited other inmates to assist her in finding a hitman to murder several witnesses who had testified for the government during the trial. She then “hired” an undercover FBI agent posing as the hitman to murder one trial witness and to kill the mother of another in retaliation for the witnesses’ testimony. On October 28, 2016, a family member acting at Ellis’s direction provided a down payment on the murder contracts to the undercover agent posing as the hitman in Texas, with the remainder to be paid only after the intended victims were killed.

 

As the murder-for-hire plot unfolded, Ellis conspired with a Nigerian-based counterfeiter to create counterfeit cashiers’ check images, steal bank customer data to open new bank accounts, and email the counterfeit check images to conspirators in the United States to print and cash or deposit into the new accounts. From there, the illicit funds were to be wired into other accounts controlled by the conspirators or distributed as cash. The scheme was devised, in part, to pay for the two contract murders. The intended loss of the scheme was several million dollars.

 

This case was investigated by the Federal Bureau of Investigation and the City of Austin (Texas) Police Department. It is being prosecuted by Assistant United States Attorneys Eric K. Gerard and Patrick Scruggs, who also tried the case last October.

Tampa, FL – United States Attorney A. Lee Bentley, III announces that Jordan Tito (23, Tampa) has pleaded guilty to aggravated identity theft. He faces a mandatory penalty of two years in federal prison. A sentencing date has not yet been set.

 

According to the plea agreement, in September 2016, a cooperating informant (CI) told investigators that Tito offered to sell him stolen identities for $10 each. The identities that Tito offered included names, dates of birth, and social security numbers, that the CI could use to make counterfeit credit cards and fake ID’s, and otherwise access the victims’ credit. In September 2016, Tito met with the CI and sold him approximately 86 stolen identities each printed on a separate sheet of paper. Each of the documents included the name, address, date of birth, and social security number of an identity theft victim. Of the 86 stolen identities, 29 were children.

 

This case was investigated by the U.S. Secret Service and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Mandy Riedel.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging former Florida House of Representatives member Dwayne L. Taylor (49, Daytona Beach) with nine counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison for each count. The indictment also notifies Taylor that the United States is seeking a money judgment in the amount of $62,834, the proceeds of the charged criminal conduct.

 

According to the indictment, during Taylor’s 2012 and 2014 re-election campaigns, he falsely reported thousands of dollars of expenditures to the State of Florida in order to conceal a series of cash withdrawals, checks written to himself, and checks written to petty cash, in violation of Florida law. Taylor then used the misappropriated funds for personal expenditures unrelated to his re-election campaigns. As set forth in the indictment, in the State of Florida, neither a candidate nor the spouse of a candidate may use funds on deposit in a campaign account to defray normal living expenses for the candidate or the candidate’s family, other than expenses actually incurred for transportation, meals, and lodging during travel in the course of the campaign.

 

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

 

This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorneys Embry J. Kidd and Roger B. Handberg.

Tampa, FL – U.S. District Judge James S. Moody, Jr. has sentenced Francisco Heleno Jaramillo (40, Colombia, South America) to 15 years in federal prison for conspiring with others to distribute five kilograms or more of cocaine on vessels subject to the jurisdiction of the United States. He pleaded guilty on December 19, 2016.

 

According to court documents, Heleno Jaramillo was responsible for several marine smuggling ventures in international waters involving more than 1,000 kilograms of cocaine. In July 2013 and January 2014, the United States Coast Guard interdicted over 1,000 kilogram loads of cocaine that were being smuggled aboard vessels (commonly referred to as “go-fast boats”) traveling from Venezuela to the Dominican Republic.

 

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

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the arrests and return of an indictment charging Yolanda Camara (47) and Justin Oliveria (26), both of Brandon, Florida, with one count of conspiracy and five counts of distributing controlled substances outside the usual course of professional medical practice and without a legitimate medical purpose from the Family Medical Express Center, Inc., a medical clinic located at 107 W. Robertson Street in Brandon, Florida. Camara is a part-owner and manager of the clinic. Oliveria, Camara’s son, is an employee of the clinic.

 

If convicted, each faces up to 20 years in federal prison for the conspiracy count and up to 20 years on each of the drug distribution counts. Camara is also charged with one count of lying to federal investigators during the investigation, that charge carries a maximum penalty of five years’ imprisonment. The indictment also notifies the individuals that the United States intends to forfeit a Brandon residence and seek a forfeiture money judgment of at least $709,651.75, which are alleged to be traceable proceeds of the offenses.

 

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 Drug Enforcement Administration and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Daniel George.

Tampa, FL – United States Attorney A. Lee Bentley, III announces that Anthonio Miller (26, Tampa) today pleaded guilty to conspiracy to pay kickbacks in connection with a federal health care benefit program. He faces a maximum penalty of five years in federal prison.

 

According to the plea agreement, Miller was an active duty petty officer with the U.S. Navy stationed at MacDill Air Force Base in Tampa. Beginning in October 2014, he became a sales representative for Centurion Compounding Inc., Centurion, a marketing firm located in Wesley Chapel, utilized sales representatives as independent contractors to market compounded medications, specifically creams for pain and scars, to health care benefit program beneficiaries. Centurion focused its promotional efforts on TRICARE beneficiaries based upon an understanding and belief that TRICARE would pay claims for these compounded creams.

 

Miller was initially recruited into the Centurion scheme by other active-duty military members, including his co-defendant Cordera Hill, to be a patient and to obtain compounded creams marketed by Centurion. On October 22, 2014, Miller received a prescription from a doctor for pain cream and scar cream. He went on to obtain additional prescriptions in his own name, for which TRICARE paid approximately $60,673.06.

 

Miller agreed and conspired with other members of his Centurion sales marketing group, self-labeled “team cream,” to give and offer to give TRICARE beneficiaries incentives, such as cash, meals, entertainment, and travel expenses, to visit a doctor and obtain prescriptions for Centurion-marketed compounded creams for which Miller and other “team cream” members would receive commissions. Between October 2014 and February 2015, Miller caused approximately $655,611 in claims to be submitted to TRICARE, resulting in the payments of $558,090.04 for prescriptions, from which Centurion and Miller received commissions. Miller received commissions from Centurion totaling approximately $19,977.53 and, at the time Centurion was shut down in February 2015, Miller was owed an additional $34,999.25 in commissions from Centurion.

 

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

Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced two Tampa brothers for conspiracy to commit tax fraud and aggravated identity theft. Keith Godbolt was sentenced to three years and six months in federal prison and Paul Johnson was sentenced to four years’ imprisonment. As part of their sentences, the Court also entered joint and several money judgements in the amount of $221,000, representing the proceeds of the tax fraud conspiracy. Godbolt and Johnson pleaded guilty in December 2016.

 

According to court documents, from August 2011 through April 2013, Godbolt, Johnson, and their co-defendant and mother, Elise Ellis, conspired to commit wire fraud, theft of government property, and identity theft by electronically filing fraudulent tax returns in other people’s names, using their social security numbers. The fraudulent tax refunds were directed to bank accounts in defendants’ names, or in some cases, to debit cards they controlled. Godbolt, Johnson, and Ellis then withdrew the fraudulent refunds by writing checks or otherwise transferring funds to each other through bank transfers or cash withdrawals.

 

Most of the fraudulently filed tax returns claimed unusually high taxable interest or dividend income, many using the exact same figure, with a large withholding amount, and a false occupation listed for the taxpayer. Many of the victims were deceased when their false tax return was filed.

 

Ellis pleaded guilty on January 3, 2017, she is scheduled to be sentenced on March 20, 2017.

 

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

Tampa, FL – U.S. District Judge Virginia Hernandez Covington has sentenced David Chambers Opembe (25, Texas) to three years in federal prison for conspiracy to commit bank fraud. The Court also ordered him to forfeit $252,107.07, which are traceable to proceeds of the offense.

 

Chambers pleaded guilty on November 14, 2016.

 

According to court documents, in December 2014, Opembe’s sister, Ebony Chambers Stillwell, began working as the onsite manager for St. Giles Manor, an apartment complex located in Pinellas Park. St. Giles Manor, which was managed by SPM Property Management, was being refurbished. As part of her duties, Stillwell received and processed invoices from vendors and contractors for payment.

 

During the refurbishment, SPM and St. Giles Manor contracted with Erickson’s Drying Systems, a cleaning and restoration company based in Ft. Myers. Pursuant to this work, Erickson’s submitted invoices for payment to St. Giles Manor and Stillwell that were paid by checks from an SPM LLC bank account.

 

On January 22, 2015, Opembe registered a shell company called Erickson’s Drying Systems with the Harris County Clerk in Texas. On the same date, he opened a bank account at Regions Bank in the name of Erickson’s Drying Systems, listing himself as the sole signatory on the account and his home address in Texas. No one at the actual Erickson’s in Ft. Myers was aware of or approved the establishment of the Texas corporation or business bank account.

 

Between January 22, 2015, and October 23, 2015, Stillwell caused to be issued approximately 21 checks from the SPM disbursing account to the “fake” Erickson’s Drying Systems. She facilitated the automated issuance of these checks by submitting fabricated invoices that she altered using prior legitimate invoices from Erickson’s. Stillwell directed that all of these checks be delivered to her office, rather than mailed to Erickson’s in Ft. Myers. She then deposited those checks into the “fake” Erickson’s bank account opened by her brother at Regions Bank. Once the funds were deposited into the Erickson’s account at Regions Bank, Opembe withdrew cash and transferred funds to his personal checking account. The Erickson’s account at Regions was also used by Opembe and Stillwell to make their car payments and for other personal expenses. In total, approximately $262,067 in fraudulently obtained checks were deposited into the “fake” Erickson’s Regions Bank account by Opembe and Stillwell.

 

Ebony Chambers Stillwell pleaded guilty to conspiracy to commit bank fraud On October 25, 2016. She is scheduled to be sentenced on March 20, 2017.

 

This case was investigated by the Tampa Police Department and the Pinellas Park Police Department. It is being prosecuted by Assistant United States Attorney Mandy Riedel.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Anthony Leroy Haygood (28, Sarasota) to six years and five months in federal prison for being a felon in possession of a firearm and ammunition. The Court also ordered him to forfeit a Smith & Wesson revolver and six rounds of ammunition.

Haygood pleaded guilty on November 10, 2016.

 

According to court documents, on May 3, 2016, law enforcement officers in Sarasota attempted to conduct a traffic stop on a vehicle that was traveling at a high rate of speed. Haygood was a passenger in that car. The vehicle crashed and the driver fled. Haygood then moved from the passenger seat into the driver’s seat and drove off. After a brief chase, the officers executed an immobilization maneuver and stopped the vehicle. Haygood then fled from the vehicle on foot and was later apprehended. Officers found a loaded Smith & Wesson .357 caliber revolver in the car that Haygood admitted belonged to him.

 

At the time of this offense, Haygood had several felony convictions, including aggravated fleeing and eluding, being a felon in possession of a firearm, and battery on a law enforcement officer. As a result, he was prohibited from possessing a firearm or ammunition under federal law.

 

This case was investigated by the Sarasota Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.

 

This is another case 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. McCray, 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.

Fort Myers, FL – United States District Judge Sheri Polster Chappell today sentenced James Thomas Bissell (32, Lehigh Acres) to 12 years and 7 months in federal prison for possession with the intent to distribute and distribution of cocaine and heroin; possession with the intent to distribute cocaine, heroin, hydrocodone, marijuana, alprazolam, and morphine; and possession of firearms as a convicted felon.

 

Bissell was indicted on February 3, 2016.

 

According to the plea agreement, on October 23, 2015, Bissell sold cocaine and heroin to an undercover detective from the Lee County Sheriff’s Office from his home in Lehigh Acres. On December 3, 2015, the Lee County Sheriff’s Office executed a search warrant at the home and recovered six types of controlled substances that Bissell was holding for distribution, along with 28 firearms and cash. As a convicted felon, Bissell was prohibited from possessing firearms, two of which had been previously reported stolen.

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Jesus M. Casas and David G. Lazarus.

 

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.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Salih Zeki Uces (39) guilty of international parental kidnapping. Uces, a dual Turkish/United States citizen, faces a maximum penalty of three years in federal prison. His sentencing hearing is scheduled for June 5, 2017.

 

Uces was indicted on December 1, 2016, after being arrested at the Miami International Airport on November 10, 2016.

 

According to testimony and evidence presented at trial, Uces asked his estranged wife for an overnight visit with their two-year-old child at a Jacksonville hotel on September 16, 2016, and promised to return the child on the following day or the day after. Instead, he took the child to the Jacksonville International Airport and boarded a series of three flights bound for Adana, Turkey.

 

Two days before taking the child, Uces had gone to his estranged wife’s apartment, rifled through her personal items, and stolen her passport. While in her apartment, he also viewed a draft divorce petition in his wife’s email.

 

Three days before leaving, Uces signed a power of attorney over to his brother, allowing his brother to sell his car while he was in Turkey. On the day of the kidnapping, Uces closed out his safety deposit box at a local bank branch.

 

Uces refused his estranged wife’s requests to return the child until after he learned that a state court had issued an authorization for his arrest. Ultimately, on November 10, 2016, he returned to the United States with the child and was arrested by FBI agents. The child was immediately returned to her mother.

 

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Kelly Karase.

Tampa, FL – United States Attorney A. Lee Bentley, III announces that People, Technology and Processes, LLC (“PTP”), Victor Buonamia, and Nicole Buonamia have paid the government $320,000 to resolve allegations that they submitted improper invoices for work allegedly performed for the United States in support of the U.S. Army in Afghanistan.

PTP is an information technology and professional services company located in Lakeland, Florida. Victor Buonamia is the President and CEO of PTP, and Nicole Buonamia is the CFO. During 2011 and 2012, PTP was a subcontractor to the prime contractor on a government contract awarded by the United States Army Communications-Electronics Command through the Strategic Sources Services (“S3”) Program.

As a subcontractor, PTP submitted invoices for its services to the prime contractor, who then paid those invoices and, in turn, billed those costs to the United States, which paid them. PTP and its principals were aware that PTP was a subcontractor on a United States government contract and that PTP’s bills would ultimately be presented to and paid by the United States.

Between November 2011 and June 2012, PTP submitted invoices that were signed by Victor Buonamia and/or Nicole Buonamia for work allegedly done by PTP employees in Afghanistan under the S3 Contract; however, some of that work was not actually performed. Specifically, during that period, PTP submitted invoices for one employee while he was in another country on R&R for a month, billed for another employee for several weeks after PTP terminated him and flew him back to U.S., and billed one or more weeks for two other employees before they actually started working for PTP. In all, PTP improperly billed $127,990.90 for work never performed by those employees.

“While healthcare fraud recoveries are an important focus of this office, we pay equal attention to investigating fraud in government procurement, including defense spending,” stated U.S. Attorney Bentley. “No matter their size, government contractors and subcontractors who improperly seek or obtain payment from the United States will be investigated, prosecuted, and made to repay their ill-gotten gains.”

“This settlement demonstrates the continued commitment of the Defense Criminal Investigative Service and our partners to enforce laws intended to protect the integrity of U.S. Department of Defense programs,” said Special Agent in Charge John F. Khin, Southeast Field Office. “All contractors and subcontractors, who are ultimately paid with American taxpayer dollars, will be held accountable for submitting fraudulent claims to the Government.”

This settlement resolves allegations in a lawsuit filed by relator Aidan Tamer Toprakci in February 2013. That suit was filed under the whistleblower provisions of the False Claims Act, which authorizes private parties to sue for false claims on behalf of the United States and to share in any recovery. Toprakci was employed by PTP in 2012 and disclosed certain of the conduct internally to PTP. The relator has received $64,000.00 from the proceeds of the settlement.

 

This case was handled by Assistant U.S. Attorney Charles Harden. The case was investigated by the Tampa Resident Agency of the Defense Criminal Investigative Service, the U.S. Army Criminal Investigation Commands Major Procurement Fraud Unit, and the Special Inspector General for Afghanistan Reconstruction.

 

The lawsuit was filed in the Middle District of Florida, and is captioned United States ex rel. Toprakci v. People Technology and Processes, LLC, Victor Buonamia, and Nicole Buonamia, Case No. 8:13-cv-432-T-33-MAP (M.D. Fla.).

 

The claims resolved by the settlement are allegations only; there has been no determination of liability.

Orlando, Florida– United States Attorney A. Lee Bentley, III announces that a federal jury has found Shaka Smith (27, Orlando) guilty of possession of a firearm by a previously convicted felon. His sentencing hearing is scheduled for May 24, 2017, and he faces a maximum penalty of 10 years in federal prison. Smith was indicted on September 28, 2016.

 

According to testimony and evidence presented at trial, on June 28, 2016, Smith ran from Orange County Sheriff’s Office deputies, through a residential neighborhood, with a backpack containing a .380 caliber semiautomatic firearm. The gun had an obliterated serial number and held an extended magazine containing 15 rounds of ammunition. Deputies also recovered two small bags of drugs from the backpack. Prior to his arrest in 2016, Smith had been convicted (2010) in the Orange County, Florida Circuit Court for carrying a concealed firearm. As a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

 

This case was investigated by the Orange County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorneys Vincent S. Chiu and Sean P. Shecter.

 

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.

Tampa, Florida – U.S. District Judge James D. Whittemore yesterday sentenced Freddy Orjuela, Sr. (49, Sarasota) to two years in federal prison and to pay $960,020 in restitution for making false statements in a mortgage loan application to a federally insured financial institution. As part of the sentence, the Court also entered a money judgment in the amount of $1,475,950, the proceeds of the fraud.

 

A jury found Orjuela guilty on December 14, 2016, following a three- day trial.

 

According to court documents, Orjuela submitted a mortgage loan application to Century Bank on which he knowingly and willfully overstated his income, understated his liabilities, and falsely denied he had declared bankruptcy within the past seven years.

 

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Callan Albritton and Bob Mosakowski.

Fort Myers, FL – U.S. District Judge Sheri Poster Chappell has sentenced Nesly Loute (52, Naples) to 14 years’ imprisonment for conspiracy to commit mail fraud. In addition, the Court ordered him to pay restitution in the amount of $2,146,147.23 to the victim automobile insurance companies.

 

Loute was found guilty by a federal jury on September 29, 2016.

 

According to the evidence introduced during the six-day trial, Loute conspired with others to operate unlicensed chiropractic clinics and bill automobile insurance companies for Personal Injury Protection (PIP) benefits. Members of the conspiracy also paid patients to induce them to seek treatment at the unlicensed clinics so that the automobile insurance companies could be billed for their PIP benefits. In addition, members of the conspiracy participated in staged motor vehicle accidents and then submitted claims to automobile insurance companies for PIP benefits based on those fake motor vehicle accidents.

 

Five others previously pleaded guilty to charges relating to this conspiracy. Four of those individuals have already been sentenced. Garry Joseph (37, Naples) pleaded guilty to conspiracy to commit mail fraud and was sentenced to 37 months’ imprisonment. Anouce Toussaint (33, Naples) pleaded guilty to conspiracy to commit mail fraud and conspiracy to launder money and received 18 months’ imprisonment. Maria Victoria Lopez (44, Moore Haven) pleaded guilty to conspiracy to commit mail fraud and was sentenced to 3 years’ probation. David Adamson (47, Bonita Springs), a licensed chiropractor, pleaded guilty to mail fraud and was sentenced to serve a 5-year term of probation and 180 days of home confinement. Wisler Cyrius (35, Naples) pleaded guilty to conspiracy to commit mail fraud and conspiracy to launder money. He is scheduled to be sentenced on March 13, 2017.

 

This case was investigated by the Federal Bureau of Investigation - Fort Myers Office, the State of Florida’s Department of Financial Services Division of Insurance Frauds - Fort Myers Office, the Internal Revenue Service - Criminal Investigation in Fort Myers, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Fort Myers. Assistance was also provided by the National Insurance Crime Bureau, the Florida Highway Patrol, the Florida Department of Health, Florida’s Agency for Health Care Administration, and the State Attorneys’ Offices for the 13th and 19th Judicial Circuits. The following insurance companies also assisted in the case: Travelers, Nationwide, Bristol West, Esurance, Windhaven, Farmers, Direct General, Allstate, State Farm, Progressive, Geico, Infinity, and Foremost. It was prosecuted by Assistant United States Attorneys Charles D. Schmitz and David G. Lazarus.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Benjamin Jenkins (36, Mims) guilty of distributing and possessing cocaine with the intent to distribute it, possessing a firearm in furtherance of that drug-trafficking crime, and using a telephone in committing the drug offense. He faces a minimum mandatory penalty of 5 years, up to life, in federal prison. His sentencing hearing is scheduled for May 15, 2017. Jenkins was indicted on November 22, 2016.

 

According to testimony and evidence presented at trial, on October 11, 2015, Jenkins, who was a Titusville High School football coach and Brevard County teacher’s aide at the time, sold 28 grams of cocaine to a confidential informant for $1,300 in the parking lot of a Titusville Wal-Mart. While Jenkins sat in his car and counted the money for the cocaine, he had a Springfield Arms .40 caliber semi-automatic pistol in his lap. The transaction was arranged over Jenkins’s cellphone.

 

This case was investigated by the Drug Enforcement Administration and the Titusville Police Department. It is being prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.

Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced Leonard Charles Agee Jr. (40, Titusville) to 36 months in federal prison for conspiracy to distribute and to possess with the intent to distribute marijuana, heroin, and cocaine. At the time of his arrest on June 29, 2016, Agee was a Titusville High School football coach, a teacher’s aide, and an employee of the Brevard County Schools. He pleaded guilty on November 9, 2016.

 

According to his plea agreement, in January 2015, the Drug Enforcement Administration and the Titusville Police Department began investigating Agee. In September 2015, officers made controlled purchases of heroin from him. Agee had also obtained marijuana from Colorado for redistribution in Florida and sold cocaine obtained from South Florida for redistribution in Central Florida. He was responsible for the possession and/or distribution of over 100 grams of heroin, more than two kilograms of cocaine, and over 75 pounds of marijuana.

 

This case was investigated by the Titusville Police Department and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Sheldon Lamont Jackson (43, Jacksonville) has pleaded guilty to possessing a firearm after having been convicted of a felony. Due to his status as an Armed Career Criminal, he faces a minimum mandatory penalty of 15 years, up to life, in federal prison. A sentencing date has not yet been set.

 

According to court documents, during a traffic stop, a deputy with the Jacksonville Sheriff’s Office discovered a loaded, semi-automatic handgun hidden under the driver’s seat of the car that Jackson was driving. During the investigation that followed, Jackson unsuccessfully attempted to dissuade a witness from providing information to law enforcement. Prior to his arrest in this case, Jackson had multiple prior felony convictions, including convictions for sale of cocaine and resisting arrest with violence, and was therefore prohibited from possessing a firearm or ammunition under federal law.

 

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

 

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Michael Michalak (54) to 36 years and 8 months in federal prison for aiding and abetting the transportation of child pornography and distributing child pornography. The Court also ordered Michalak to forfeit two cellphones and a computer that had been used in furtherance of the commission of the offenses. He pleaded guilty on November 30, 2016.

 

According to court documents, Michalak used Facebook and other mobile applications to send links to images and videos child of pornography to an undercover FBI agent. During the sentencing hearing, the government presented evidence that Michalak had sexually assaulted children before the commission of this offense. The Court found that Michalak engaged in a pattern of activity involving the sexual exploitation of minors.

 

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.

 

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

Tampa, Florida–United States Attorney A. Lee Bentley, III announces that Charles Clark has pleaded guilty to theft of government funds. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

 

According to the plea agreement, on March 12, 2015, Clark sold an $82,000 stolen U.S. Treasury check to a person acting in an undercover capacity with the Internal Revenue Service - Criminal Investigation. Clark did not have permission to sell the check from the U.S. Treasury, or from the person to whom the check had been issued.

 

This case was investigated by the Internal Revenue Service Office - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Rachel K. Jones.

U.S. District Judge Carlos E. Mendoza of the Middle District of Florida sentenced Abdhullah Hamidullah, 43, to serve 482 months in prison and a lifetime of supervised release, the Justice Department announced today.  Hamidullah pleaded guilty on June 17, 2016, to sex trafficking by force, fraud, and coercion in violation of 18 U.S.C. § 1591, and to enticing individuals to travel in interstate commerce for prostitution and transporting individuals in interstate commerce for prostitution in violation of 18 U.S.C. §§ 2421 and 2422. 

According to admissions in connection with his guilty plea, Hamidullah lured a young woman identified as A.W. to travel to Florida on false pretenses, then forced her to engage in commercial sex acts with multiple customers a day, for several months, and provide him the proceeds.  Hamidullah isolated her in his apartment, took away her money and phone, and installed an alarm without providing her the code.  He also assaulted her, showed her his handgun, and branded her with a tattoo in the course of compelling her to prostitute for his profit.  As part of his plea agreement, Hamidullah agreed to pay restitution to six women identified as victims of his sex trafficking scheme.  

“This defendant preyed on vulnerable young victims and cruelly exploited them for his profit,” stated Acting Assistant Attorney General Tom Wheeler.  “This sentence sends a clear message that the United States will not tolerate modern-day slavery and will work tirelessly to restore the rights and dignity of victims of human trafficking.”

“This defendant used physical abuse and intimidation to force young women to engage in prostitution,” stated U.S. Attorney A. Lee Bentley, III. “This prosecution ends the defendant’s vicious pattern of exploitation and, hopefully, brings a measure of relief and justice to his victims.”

“These women were victims of a brutal criminal organization, who through the use of violence were forced into interstate sex trafficking. U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) continues to investigate these crimes as one of our highest priorities through a coordinated global effort,” said Executive Associate Director Peter T. Edge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. “HSI will continue to investigate and seek prosecution of these criminals, while also ensuring the victims of this terrible crime are rescued and receive the care they need.”

“The Metropolitan Bureau of Investigation works closely with its federal and local partners to investigate and successfully prosecute sex traffickers,” said Director Ron Stucker of the Metropolitan Bureau of Investigation for the 9th Judicial Circuit of Florida.  “The evidence in this case demonstrates the ruthlessness of sex traffickers, the urgency to rescue victims and the resolve of law enforcement to bring traffickers to justice.”

Documents filed and evidence presented in connection with the case indicated that Hamidullah began operating his sex trafficking enterprise in 2005, recruiting multiple women and causing them to engage in commercial sex acts for his profit.

This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Orlando-based Metropolitan Bureau of Investigations, and was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda of the Middle District of Florida, and Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.

Orlando, FL – U.S. District Judge Carlos E. Mendoza sentenced Abdhullah Hamidullah, 43, to serve 40 years and 2 months in prison and a lifetime of supervised release. Hamidullah pleaded guilty on June 17, 2016, to sex trafficking by force, fraud, and coercion and to enticing individuals to travel in interstate commerce for prostitution and transporting individuals in interstate commerce for prostitution.

 

According to admissions in connection with his guilty plea, Hamidullah lured a young woman identified as A.W. to travel to Florida on false pretenses, then forced her to engage in commercial sex acts with multiple customers a day, for several months, and provide him the proceeds. Hamidullah isolated her in his apartment, took away her money and phone, and installed an alarm without providing her the code. He also assaulted her, showed her his handgun, and branded her with a tattoo in the course of compelling her to prostitute for his profit. As part of his plea agreement, Hamidullah agreed to pay restitution to six women identified as victims of his sex trafficking scheme.

 

“This defendant used physical abuse and intimidation to force young women to engage in prostitution,” stated U.S. Attorney A. Lee Bentley, III. “This prosecution ends the defendant’s vicious pattern of exploitation and, hopefully, brings a measure of relief and justice to his victims.”

 

“This defendant preyed on vulnerable young victims and cruelly exploited them for his profit,” stated Acting Assistant Attorney General Tom Wheeler. “This sentence sends a clear message that the United States will not tolerate modern-day slavery and will work tirelessly to restore the rights and dignity of victims of human trafficking.”

 

“These women were victims of a brutal criminal organization, who through the use of violence were forced into interstate sex trafficking. U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) continues to investigate these crimes as one of our highest priorities through a coordinated global effort,” said Executive Associate Director Peter T. Edge of the Homeland Security Investigations. “HSI will continue to investigate and seek prosecution of these criminals, while also ensuring the victims of this terrible crime are rescued and receive the care they need.”

 

“The Metropolitan Bureau of Investigation works closely with its federal and local partners to investigate and successfully prosecute sex traffickers,” said Director Ron Stucker of the Metropolitan Bureau of Investigation for the 9th Judicial Circuit of Florida. “The evidence in this case demonstrates the ruthlessness of sex traffickers, the urgency to rescue victims and the resolve of law enforcement to bring traffickers to justice.”

 

Documents filed and evidence presented in connection with the case indicated that Hamidullah began operating his sex trafficking enterprise in 2005, recruiting multiple women and causing them to engage in commercial sex acts for his profit.

 

This case was investigated by the Department of Homeland Security’s Homeland Security Investigations and the Orlando-based Metropolitan Bureau of Investigations, and was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda and Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.

Jacksonville, Florida – U.S. District Judge Henry Lee Adams, Jr. has sentenced Orquidea Quezada (48, Orlando) to 18 months in federal prison for wire fraud and for operating as an unlicensed money transmitter. The Court ordered her to forfeit $136,886 in cash that was seized when she was arrested, $60,178.91 that was seized from her bank accounts, and a 2013 Honda Accord, valued at $11,500, that she had used while committing the offenses. The Court also entered a money judgment against Quezada in the amount of $584,435.09, representing the proceeds of the criminal conduct less the amount previously seized, and she was further ordered to pay restitution to AIG Insurance in the amount of $18,603.24.

 

Quezada pleaded guilty on September 28, 2016.

 

According to court documents, between May 2013 and May 2016, Quezada, doing business as Orquicely Construction, LLC, applied for workers’ compensation insurance policies to cover two to seven employees and an annual payroll of approximately $100,000. The insurance companies issued the policies for annual premiums based on the payroll information disclosed in the applications.

 

Under Florida law, any business that engages in construction work must secure and maintain workers’ compensation insurance and the failure to do so is a felony. Construction contractors must require subcontractors to provide proof that they have workers’ compensation insurance.

 

Quezada then “rented” the insurance policies to numerous construction subcontractors who employed hundreds of workers, many of whom were undocumented aliens. To do so, she directed her insurance agent to e-mail the subcontractors a certificate of insurance that the insurance would cover their workers. The subcontractors wrote payroll checks to Orquicely Construction for work performed by their employees. Quezada then cashed those checks and paid the subcontractors’ employees in cash, through work crew leaders. Quezada kept five percent of each check as a fee for her services. Between May 2013 and November 2015, Quezada funneled about $17.4 million through her company to the subcontractors’ employees.

 

Neither Orquicely Construction nor the subcontractors deducted state or federal taxes, such as for Medicare and Social Security, from the workers’ pay. The scheme allowed the subcontractors to avoid these taxes and workers’ compensation taxes, and to conceal their employment of undocumented aliens that were working illegally in the United States.

 

“This sentencing is the result of HSI’s combined investigative expertise in financial crimes and worksite enforcement,” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI special agents will continue to identify, disrupt, and eliminate the criminal schemes used to exploit our financial industry and to garner profit from the labor of undocumented aliens. HSI’s continued partnership with agencies such the Florida Department of Financial Services, Division of Investigative & Forensic Services greatly enhances our ability to successfully identify and prosecute these criminal organizations.”

 

"Employers who attempt to evade the law and fail to provide workers' compensation coverage leave their employees vulnerable to extraordinary costs in the event of an on-the-job injury," said Florida Chief Financial Officer Jeff Atwater. "Not only are employees left at risk, but when bad actors save thousands by not paying for insurance policies, they can skew the competitive market by bidding on projects at a much cheaper rate—making it difficult for the law-abiding employers to win job contracts. I applaud the collaborative efforts of our federal, state, and local law enforcement partners who work day in and day out to ensure the bad actors within the construction industry are held accountable for their crimes."

 

The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (Jacksonville and Orlando), the Internal Revenue Service – Criminal Investigation, and the Florida Department of Financial Services Division of Investigative and Forensic Services. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Anthony Tyrone Jones (36, Jacksonville) to five years and six months in federal prison for impersonating an FBI agent, wire fraud, and failure to appear. He was also ordered to pay restitution in the amount of $21,700 to a victim of his offenses.

 

Jones pleaded guilty on February 29, 2016.

 

According to court documents, Jones falsely represented himself to be an investment advisors claiming that he had helped another individual become a millionaire. In February 2011, at Jones’s direction, one victim provided him with $21,700 to invest in the stock market. Instead of investing the funds, Jones cashed the victim’s checks and used the money for his own personal enjoyment.

 

Jones defrauded another individual by posing as an FBI agent to induce a woman to have sex with him at no charge after he had previously promised to pay her for sex. Jones was arrested on January 9, 2013, and released on bond subject to electronic monitoring. On April 23, 2013, he removed his monitoring bracelet and absconded. He remained a fugitive until his capture on August 13, 2015, by the U.S. Marshals Service in Jacksonville.

 

This case was investigated by the Federal Bureau of Investigation and the U.S. Marshals Service. It was prosecuted by Assistant United States Attorney Kelly S. Karase.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Nejah Prince (31, Tampa) has pleaded guilty to access device (credit card) fraud and making a false claim against the United States. She faces a maximum penalty of 15 years in federal prison on the access device fraud count and 5 years’ imprisonment on the false claims charge. A sentencing date has not yet been set.

 

According to the plea agreement, in February 2013, officers from the Tampa Police Department conducted a search at the home where Prince resided. During the search, they found copies of confidential Veterans Affairs (VA) medical records, notebooks with the personal identification information of more than 200 persons, printed tax returns, and several computers. Further investigation revealed that Prince had used the identity of one person whose name was on a VA medical record to open a credit account at Montgomery Ward. She then made more than $1,300 in purchases using that account.

 

In addition, IRS agents discovered that Prince had been involved in the use of the identification information relating to another person in one of the VA medical forms to file a fraudulent income tax return seeking a refund of over $8,200. The IRS subsequently identified numerous fraudulent federal income tax returns that had been filed on behalf of many of the individuals whose identification information had been found at Prince’s residence. The total loss to the IRS from this scheme exceeds $173,000.

 

This case was investigated by the Internal Revenue Service - Criminal Investigation, with assistance from the Tampa Police Department, the United States Department of Veterans Affairs, and the United States Secret service. It is being prosecuted by Assistant United States Attorneys Jay L. Hoffer and Sara Sweeney.

Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Walter Fambro to 3 years and 10 months’ imprisonment for his role in committing stolen identity refund fraud. As part of his sentence, the Court also ordered him to pay restitution to the IRS in the amount of $326,133. Fambro pleaded guilty on November 28, 2016.

 

According to court documents, Fambro filed false and fraudulent income tax returns in the names of living and deceased individuals. In these fraudulent returns, he and others represented that they were entitled to the refunds for those persons and requested that the IRS deposit the refunds into accounts that had been established in the names of the victims. As a result of their scheme, Fambro received $326,133 in fraudulent income tax refund payments.

 

This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.

Orlando, Florida– U.S. District Judge Carlos E. Mendoza has sentenced Jerry Hall (49, Palm Bay)  to 30 years in federal prison for producing child pornography. The Court also ordered him to forfeit electronic equipment that had been used during the offense.

 

Hall pleaded guilty on December 1, 2016.

 

According to court documents, in June 2015, the Florida Department of Law Enforcement (FDLE) began investigating Hall for downloading child pornography using file sharing software. During the investigation, FDLE came into possession of a memory card that contained images of sexually explicit conduct of a minor taken by Hall on his cellphone in June 2014. At the time the images were taken, the minor was under the age of 10.

 

FDLE also recovered a custom built computer belonging to Hall and a laptop previously used by him. A forensic examination of those computers revealed numerous images and video files depicting child pornography, some of which contained young children.

 

“Child pornography is an atrocious crime because each movie or photograph represents a child who has been sexually abused,” said FDLE Special Agent in Charge Danny Banks. “FDLE will continue to aggressively investigate anyone who preys on our children.”

 

“This child predator’s crimes will never be erased in the minds of the children that he victimized,” said Susan L. McCormick, special agent in charge of HSI Tampa. “This long prison sentence serves as a warning to child predators that these crimes will be discovered, will be prosecuted and will be punished severely.”

 

This case was investigated by U.S. Department of Homeland Security, Homeland Security Investigations and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Sean P. Shecter.

 

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

Florida – U.S. District Judge Carlos E. Mendoza today sentenced Daryl C. Ali, a/k/a Daryl C. Smith, ( 34) to 57 months in federal prison for theft of government property. He was also ordered to pay $135,494.05 in restitution to the IRS.

 

Ali pleaded guilty on November 21, 2016.

 

According to court documents, Ali orchestrated a scheme by which he sent the IRS more than 200 personal and business checks between February 2010 and January 2012, totaling over $3 million. Ali claimed that the checks were payment for back taxes owed by him personally and through his business. Shortly after writing the checks Ali would either close the account or there would be insufficient funds to cover the checks. After the IRS received the checks and realized that no taxes were due, the IRS inadvertently issued 12 United States Treasury checks to Ali to settle the credit balance on his account with IRS. These checks totaled over $69,000. Once the IRS became aware of Ali’s scheme in April 2011, they did not issue him any additional fraudulent refunds.

 

However, after receiving the 12 checks, Ali altered 2 of the checks on 8 separate occasions by changing the check number and amount payable so that he could cash the checks again. This scheme resulted in an additional loss of over $66,000 to the IRS.

 

This case was investigated by the Internal Revenue Service Criminal Investigation and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Shawn P. Napier.

Ocala, Florida – United States Attorney A. Lee Bentley, III announces the signing of a criminal complaint charging Mark Charles Barnett (48, Ocala) with possession of a firearm (destructive device) affecting commerce by a previously convicted felon. If convicted, he faces a maximum penalty of 10 years in federal prison. Barnett is currently in custody at the Marion County Jail on state charges for violating his terms of probation.

 

According to the affidavit supporting the criminal complaint, Barnett offered a confidential source (CS) $10,000 to place improvised explosive bombs in Target retail stores along the east coast of the United States. Barnett created at least 10 of the explosive devices, disguised in food-item packaging, which Barnett delivered to the CS on February 9, 2017. Barnett then asked the CS to place the explosive devices on store shelves from New York to Florida. He also provided the CS with a bag of gloves, a mask, and a license plate cover to disguise the CS’s identity from law enforcement.

 

Barnett theorized that the company’s stock value would plunge after the explosions, allowing him to cheaply acquire shares of Target stock before an eventual rebound in prices. Rather than placing the devices on store shelves, however, the CS surrendered them to authorities. An explosives expert determined that they were capable of causing property damage, serious injury, or death to nearby persons upon detonation. A subsequent search of Barnett’s house by federal agents revealed components consistent with those used to create the explosive devices.

 

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

 

“The swift work of ATF Special Agents, Explosives Enforcement Officers, and other specialized violent crime resources foiled this individual’s plot that could have caused great harm to the public. Our Federal and State law enforcement partners played a vital role in supporting this investigation, and ATF will continue to work alongside the U.S. Attorney’s Office to bring this case to a successful resolution,” said Special Agent in Charge Daryl McCrary, ATF Tampa Field Division.

 

“Once FDLE received the information we initiated an investigation. Upon determining the nature of the threat we notified and began working jointly with our local, state and federal partners. The arrest in this case demonstrates the importance of collaboration in keeping our communities safe,” said FDLE Commissioner Rick Swearingen.

 

“The cooperation between the local, state and federal law enforcement agencies involved in this case was instrumental to quickly identifying this individual and resolving any potential threat to the public,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “The FBI remains dedicated to working with our partners to make our communities safer.”

 

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Department of Law Enforcement, the Florida Department of Corrections – Probation and Parole Services, the Federal Bureau of Investigation, the Marion County Sheriff’s Office, and the City of Ocala Police Department. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Fort Myers, FL – A federal grand jury sitting in Ft. Myers, Florida returned an indictment on Feb. 15, which was unsealed today, charging a Lee County, Florida resident with mail fraud, money laundering, and corruptly endeavoring to impede the administration of the internal revenue laws, announced U.S. Attorney A. Lee Bentley III for the Middle District of Florida and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.

 

According to the indictment, Attila Kalmar filed 2007 through 2009 trust returns with the Internal Revenue Service (IRS) in the name of First AK-Open Sec Trust, a nominee entity, seeking more than $480,000 in fraudulent refunds. Kalmar deposited a refund check he received as a result of these filings into a bank account, and then used the proceeds to purchase real property, acquire thousands of dollars in gold coins, and wire money overseas. The indictment further alleges that Kalmar attempted to impede the internal revenue laws by transferring funds between nominee bank accounts and falsely representing to the IRS that an IRS revenue officer was the trustee for First AK-Open Sec Trust.

 

An indictment merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

 

If convicted, Kalmar faces a statutory maximum sentence of 20 years in prison for each mail fraud count, 10 years in prison for each money laundering count, and three years in prison for corruptly endeavoring to impede the administration of the internal revenue laws. Kalmar also faces a period of supervised release, restitution, forfeiture, and monetary penalties.

 

Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Bentley commended special agents of IRS–Criminal Investigation and Treasury Inspector General for Tax Administration (TIGTA), who conducted the investigation, and Trial Attorneys Kathryn A. Kimball and William M. Montague of the Tax Division and Assistant U.S. Attorney Michael C. Baggé-Hernández of the Middle District of Florida, who are prosecuting the case.

 

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Jacorian Rashawn Brown (24) and Jessica Duenas Nicholas (45), both of Brandon, today pleaded guilty to conspiracy and armed robbery. Brown also pleaded guilty to brandishing a firearm during an armed robbery. He faces a maximum penalty of life in federal prison, and Nicholas faces a maximum penalty of 20 years’ imprisonment. A sentencing date has not yet been set.

 

According to the plea agreements, on July 9, 2016, Brown and Nicholas robbed the Murphy USA gas station in Wimauma of more than $10,000. On July 19, 2016, the couple attempted to rob the Murphy USA gas station in Gibsonton but were unsuccessful. On July 23, 2016, Brown and Nicholas returned to the Wimauma gas station to attempt another robbery. However, they were arrested before the robbery could take place. Investigators recovered two semi-automatic pistols and nearly 100 rounds of ammunition from inside their vehicle.

 

This case was investigated by the Hillsborough County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons.

Used Illegal Proceeds to Buy Property and Gold Coins 

A federal grand jury sitting in Ft. Myers, Florida returned an indictment on Feb. 15, which was unsealed today, charging a Lee County, Florida resident with mail fraud, money laundering, and corruptly endeavoring to impede the administration of the internal revenue laws, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney A. Lee Bentley III for the Middle District of Florida.  

According to the indictment, Attila Kalmar filed 2007 through 2009 trust returns with the Internal Revenue Service (IRS) in the name of First AK-Open Sec Trust, a nominee entity, seeking more than $480,000 in fraudulent refunds.  Kalmar deposited a refund check he received as a result of these filings into a bank account, and then used the proceeds to purchase real property, acquire thousands of dollars in gold coins, and wire money overseas.  The indictment further alleges that Kalmar attempted to impede the internal revenue laws by transferring funds between nominee bank accounts and falsely representing to the IRS that an IRS revenue officer was the trustee for First AK-Open Sec Trust.

An indictment merely alleges that crimes have been committed.  A defendant is presumed innocent until proven guilty beyond a reasonable doubt.

If convicted, Kalmar faces a statutory maximum sentence of 20 years in prison for each mail fraud count, 10 years in prison for each money laundering count, and three years in prison for corruptly endeavoring to impede the administration of the internal revenue laws.  Kalmar also faces a period of supervised release, restitution, forfeiture, and monetary penalties.

Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Bentley commended special agents of IRS–Criminal Investigation and Treasury Inspector General for Tax Administration (TIGTA), who conducted the investigation, and Trial Attorneys Kathryn A. Kimball and William M. Montague of the Tax Division and Assistant U.S. Attorney Michael C. Baggé-Hernández of the Middle District of Florida, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.  

Kalmar Indictment

Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Chamberlain Chaney (26, Brooksville) to 5 years and 10 months in federal prison for being a felon in possession of a firearm and ammunition. The Court also ordered him to forfeit a Glock .40 caliber pistol and 15 rounds of ammunition.

 

Chaney pleaded guilty on October 4, 2016.

 

According to court documents, on September 20, 2015, law enforcement officers attempted to speak with Chaney about a recent robbery. He ran from the officers, discarding a fully loaded Glock pistol that had been stolen. Prior to his arrest in this case, Chaney had prior convictions for aggravated assault with a deadly weapon, carrying a concealed firearm, and resisting a law enforcement officer with violence. As a result, he was prohibited from possessing a firearm or ammunition under federal law.

 

This case was investigated by the Tampa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Natalie Hirt Adams.

 

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Carlos Sarabasa Cobas (30, Brandon) to three years and five months in federal prison for conspiracy to commit bank fraud. The Court also entered a money judgment in the amount of $123,225.80, and a restitution order requiring Cobas to pay $46,232.45 to the victims of his crime. He pleaded guilty on November 17, 2016.

 

According to court documents, Cobas engaged in a scheme to defraud the United States and financial institutions by negotiating money orders and checks that he had stolen from various U.S. Postal Service mail collection boxes in several Florida counties, including Hillsborough, Pinellas, Pasco, Polk, and Sarasota. Cobas used “fishing” devices constructed of duct tape, string, and metal objects to burglarize the mailboxes. He then discarded the unwanted mail and kept the money orders and checks that he then washed or altered before depositing, or distributing them to be deposited by others, into bank accounts held by the conspirators at several financial institutions.

 

This case was investigated by the U.S. Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Megan Kistler and Daniel George.

Jacksonville, FL – U.S. District Judge Brian Davis has sentenced Robert Lee Lanier (57, Jacksonville) to 18 months in federal prison for theft of more than $236,000 in government property. He pleaded guilty on November 18, 2016.

 

According to court documents and sentencing testimony, Lanier had been receiving Social Security Disability Benefits and Medicare Benefits since 1995. In receiving the benefits, he indicated that he was unable to work. However, Lanier was actually operating a Handyman Service and boasted that he had “made millions of dollars” running the business. While receiving disability benefits, he was completing home repairs, performing trim work, building fences, and doing other home improvements. He admitted that he had lied to investigators and that he knew he would be disqualified and lose his benefits if the government knew he was capable of working. In all, Lanier received more than $155,316 from the Social Security Administration and more than $81,365 from the Medicare program over the past eight years.

 

This case was investigated by the Social Security Administration - Office of the Inspector General and the Department of Health and Human Services – Office of Inspector General. It was prosecuted by Assistant United States Attorney Jason Mehta.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that David Cevallos (46, Miami) and Osbel Sanchez (45, Tampa) have pleaded guilty to conspiracy to commit wire fraud affecting a financial institution. Each faces a maximum penalty of 30 years in federal prison. Sanchez’s sentencing hearing has been set for April 24, 2017, and Cevallos’s sentencing hearing has been set for May 8, 2017.

 

According to the plea agreements, between summer 2008 and January 2009, Cevallos and Sanchez conspired with each other and others to fraudulently induce lenders into making mortgage loans based upon false information. This conspiracy involved a series of real estate transactions where the parties, including Cevallos and Sanchez, would make or cover up false statements made to the lenders regarding the source of down payments for the real estate transactions, and the manner in which the mortgage funds would be distributed. Most of these transactions involved Tribute Residential, a real estate development company operated by co-conspirator Rebecca Gheiler, as the seller.

 

Specifically, the parties represented to the lenders that down payments for these properties were being provided by the individuals purchasing the properties, when in fact they were provided by Cevallos or Sanchez. After the transactions had closed and the mortgage funds were released to Tribute Residential, Gheiler would arrange for the post-closing payments of the mortgage proceeds to be provided to Cevallos’s real estate firm, Metro Brokers. These post-closing payments reimbursed Cevallos for the money that he or Sanchez had provided to cover the buyer’s down payments, and to provide post-closing commissions from funds that were supposed to go to the seller. As a result, the lenders were unknowingly funding the down payment for the transactions (as well as undisclosed commissions) from the mortgage proceeds themselves, and were being misled as to the true value of the properties for which they were providing loans.

 

This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the Florida Office of Financial Regulation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu and Special Assistant United States Attorney Chris Poor.