Middle District of Florida
Press releases recorded for this federal judicial district.
Clay County Man Who Buried His Mother in Her Yard Pleads Guilty to Stealing Government Property and Aggravated Identity TheftRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Brian Lee Adams (56, Green Cove Springs) today pleaded guilty to theft of government property and aggravated identity theft. He faces a maximum penalty of 12 years in federal prison, including a mandatory two-year sentence for aggravated identity theft. A sentencing date has not yet been set.
According to the plea agreement, Adams admitted to authorities that his mother had died of natural causes in July 2014 and, instead of notifying anyone, Adams buried her in the backyard of her home. Adams confessed to investigators that he had buried his mother after she died in order to continue collecting both her Social Security payments and a pension payment that she received monthly. As part of the theft, Adams used his mother’s name on checks that he would write to transfer money between her accounts. He would then use the funds on himself. The total amount Adams stole was $35,345.
This case was investigated by the Clay County Sheriff’s Office, the Florida Department of Law Enforcement, the Social Security Administration - Office of Inspector General, and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Mac D. Heavener, III.
Orlando Disability Benefits Recipient Convicted of Defrauding Social Security AdministrationRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Craig DeMange (62, Oviedo) guilty of one count of knowingly and willfully making a false statement to a federal agency. He faces a maximum penalty of five years in federal prison. His sentencing hearing is scheduled for January 23, 2017.
DeMange was indicted on June 15, 2016.
According to evidence presented at trial, DeMange received Social Security disability benefits for nearly two decades, beginning in 1995. In July 2013, the Social Security Administration requested information about his work and earnings history to assess his continued eligibility for disability benefits. At that time, DeMange knowingly and willfully provided false and fraudulent information about his current work status. Specifically, DeMange stated that he had not worked since 1996, when in fact he had been running a business since 2010 or 2011.
This case was investigated by the Social Security Administration - Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
Macclenny Man Sentenced to Seven Years in Federal Prison on Drug and Firearms ChargesRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis yesterday sentenced Kevin Allen Rose (30, Macclenny) to seven years in federal prison for selling marijuana and possessing a firearm as a convicted felon. He pleaded guilty to all charges on July 13, 2016.
According to court documents, on multiple occasions, Rose sold marijuana at his home in Macclenny, Florida to a confidential informant. During the sales, he bragged about his ownership of firearms. During one sale, Rose directed a child in the home to assist him. When law enforcement officers executed a search warrant at the residence, they discovered a loaded semi-automatic handgun and over 100 rounds of ammunition. Rose is prohibited from possessing a firearm or ammunition under federal law because of his multiple, prior felony convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Baker County Sheriff’s Office. It was 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.
Jacksonville Man Indicted for Promoting, Managing, Establishing, and Carrying on Prostitution BusinessRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging John R. Biggerstaff (39, Jacksonville) with using a facility of interstate commerce to promote, manage, establish, and carry on a prostitution business. If convicted on all counts, he faces a maximum penalty of five years in federal prison.
According to the indictment, between June 30, 2016 and July 31, 2016, Biggerstaff promoted, managed, established, and carried on a business enterprise that involved prostitution, in violation of applicable Florida laws. The indictment alleges that Biggerstaff used a facility of interstate commerce, a cellphone, to commit 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 Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Jacksonville Sheriff’s Office Integrity Unit. It will be prosecuted by Assistant United States Attorney Mac D. Heavener, III.
Fort Myers Man Receives 30 Years in Prison for Dealing HeroinRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Poster Chappell has sentenced Norris Williams (45, Fort Myers) to 30 years in federal prison for three counts of possession with intent to distribute heroin, and one count of attempting to possess with intent to distribute one kilogram or more of heroin. Williams was found guilty by a federal jury on April 8, 2016.
According to the trial evidence, Williams, a nine-time convicted felon, sold heroin to an undercover officer on several dates, specifically November 18, 2014; December 17, 2014; and February 11, 2015. In addition, he attempted to purchase a one-kilogram brick of heroin from an undercover officer on October 20, 2015. The attempted purchase occurred after Williams negotiated to receive the kilogram for a price of $75,000, with $50,000 cash up front, and a promise to pay the balance at a later date. Williams met the undercover officer at a parking lot and handed the officer $49,900 in a shoe box to complete the transaction.
This case was investigated by Drug Enforcement Administration, with assistance from the Cape Coral Police Department and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Charles Schmitz.
Sanford Woman Sentenced to Seven Years for Stealing Tax Refunds and Personal Identity InformationRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Derma Miller (34, Sanford) to seven years in federal prison for conspiracy to steal federal tax refunds and aggravated identity theft. As part of her sentence, the Court also entered a money judgment in the amount of $493,697, the proceeds of her criminal conduct. A federal jury found Miller guilty of these offenses on July 21, 2016.
According to court documents, Derma Miller and her mother, Virginia Miller, conspired to file false federal income tax returns using stolen personal identity information (PII), much of which belonged to individuals who were physically and mentally disabled, to obtain tax refunds from the Treasury Department. Virginia Miller prepared and filed the fraudulent returns using the stolen PII. She then directed the Internal Revenue Service to electronically deposit the fraudulent refunds into a bank account that Derma Miller controlled. The women withdrew the tax refunds in cash and made purchases for their own benefit and the benefit of others. During a two-year period, the Millers filed approximately 226 fraudulent tax returns and obtained $493,697 in fraudulent tax refunds from the Treasury Department.
Virginia Miller was previously sentenced to five years and one month in federal prison for her role in the offenses.
This case was investigated by the Department of the Treasury, and the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorneys Karen L. Gable and Nathan W. Hill.
Orlando Men Charged with Carjacking and Firearms OffensesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Eugene Willis (22, Orlando), Sedrick Lamar Hamilton (24, Orlando), and Justin Deontae Crumpton (18, Orlando) with carjacking and firearms offenses. If convicted, each faces a maximum penalty of life in federal prison.
According to the indictment, on October 8, 2015, Willis, Hamilton, and Crumpton carjacked a victim at gunpoint in Brandon, FL, taking his 2012 Dodge Charger. The men led law enforcement officers on a high-speed chase, ultimately crashing the stolen car. Willis, Hamilton, and Crumpton then carjacked a second victim at gunpoint, taking her 2013 Kia Optima in Lakeland. After crashing this vehicle, the men fled into a local restaurant. After a several-hour standoff, they were arrested.
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 Hillsborough County Sheriff’s Office, the Lakeland Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.
Holly Hill Man Sentenced to Federal Prison for Defrauding Financial Institutions in Connection with Internet GamblingRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced David H. Stewart (65, Holly Hill) to three years, five months in federal prison for conspiracy to commit wire fraud and bank fraud. As part of his sentence, the Court also entered a money judgment in the amount of $323,636, the proceeds of his criminal conduct, and ordered the forfeiture of his interest in a parcel of real property.
Stewart pleaded guilty on June 28, 2016.
According to court documents, Stewart conspired with Jason Neiman and others to defraud financial institutions and a credit card processor into processing illegal Internet gambling payments for offshore Internet gambling businesses. Stewart duped the financial institutions into processing the Internet gambling payments by disguising the transactions as payments for Internet television and movie subscriptions from DiamondPayTV, a phony Internet merchant. Stewart funneled the illegal gambling proceeds through business bank accounts that he opened in the names of shell companies and transferred the funds to overseas accounts controlled by the Internet casinos. He also lied to bank officials about the nature of these businesses to convince them to open the accounts. During a one-year period, the conspirators processed over 59,000 credit card transactions for illegal Internet gambling, totaling about $4.2 million.
This case was investigated by the Saint Cloud Internal Revenue Service-Secret Service Financial Crimes Task Force, a task force comprised of the following federal, state and local law enforcement agencies: Internal Revenue Service - Criminal Investigation; United States Secret Service; Saint Cloud Police Department; Osceola County Sheriff’s Office; Brevard County Sheriff’s Office; Palm Bay Police Department; Casselberry Police Department; Kissimmee Police Department; Winter Park Police Department; and the Maitland Police Department. It was prosecuted by Assistant United States Attorney Karen L. Gable.
Federal Jury Convicts Member of an Orlando-Area Heroin Trafficking OrganizationRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Zuleyka Jeanette Colon-Rivera (25, Orlando) guilty of conspiracy to distribute and possess with the intent to distribute heroin, and three counts of distributing and possessing with the intent to distribute heroin. She faces a mandatory minimum sentence of 10 years, up to life, in federal prison. The sentencing has been set for January 5, 2017.
Colon-Rivera was indicted on March 23, 2016, along with co-conspirators Angel Manuel Fontanez, Alexis Fontanez Nieves, Ernesto Cabanas-Torres, Pedro Juan Rivera-Aviles, Wilbert Joel Alequin-Pagan, Robert Sautner, and Emmanuel Verges. All eight have been convicted of a federal drug offense.
According to testimony and evidence presented at trial, Colon-Rivera was part of a drug trafficking organization called “La Compania” or “the Company,” which operated primarily in the Orlando tourist district, near International Drive. Colon-Rivera’s responsibilities in the organization included controlling the telephone that was used to communicate with customers, supplying heroin to the organization’s street-level dealers, and collecting money from the dealers at the end of their shifts. Colon-Rivera also sold large quantities of heroin to undercover agents on two separate occasions during the conspiracy.
On February 24, 2016, law enforcement agents seized 200 bags of heroin, two firearms, ammunition, and over $10,000 from Colon-Rivera’s residence. Based on the trial testimony and the heroin purchased or seized during the investigation, this organization was responsible for the distribution of approximately one kilogram of heroin every two weeks.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “La Compania.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the Orange County Sheriff’s Office, the Metropolitan Bureau of Investigation, the United States Marshals Service, the Federal Bureau of Investigation, the Orlando Police Department, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Kissimmee Police Department and the Osceola County Investigative Bureau, and the Virginia State Police. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply.
Fort Myers Man Sentenced to over Eight Years in Federal Prison for Marijuana and Money Laundering ConspiracyRead the Press Release
Fort Myers, Florida– U.S. District Judge Sheri Polster Chappell has sentenced Samer Jamil Rashid (43, Fort Myers) to eight years and one month in federal prison for conspiracy to possess with intent to distribute 100 or more kilograms of marijuana and conspiracy to commit money laundering. He pleaded guilty on June 10, 2016.
According to court documents, from approximately 2010 through July 2013, Rashid and others received high-grade marijuana from sources in California and Colorado, usually via UPS. Co-conspirators Jermaine Lewis, Jr., Karam Mehri, Ian Alters, Davan Nieves, and others then distributed the marijuana in the Fort Myers area and elsewhere. The conspirators used multiple bank accounts in California, in the names of nominee account holders, to make payments to the California suppliers for the marijuana.
Judge Chappell previously sentenced Lewis, Mehri, Alters, and Nieves to 46, 40, 40, and 60 months in federal prison, respectively.
This case was investigated by the Lee County Sheriff's Office, the Internal Revenue Service - Criminal Investigation, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Robert P. Barclift.
Federal Jury Finds Bradenton Man Guilty of Armed Robbery and Firearm ChargesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Troy Markeith Griffin (38, Bradenton) guilty of conspiring to commit armed robbery, armed robbery, and brandishing a firearm in furtherance of an armed robbery. He faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for February 7, 2017.
Griffin was indicted on November 4, 2015, along with four co-conspirators, including his son and nephew.
According to testimony presented at trial, Griffin and his co-conspirators, all of whom previously pleaded guilty, committed at least four armed robberies before they were apprehended. Three of the robberies occurred at bars in Manatee County, including the Oasis Bar, Bubbas Too, and the Three Oaks Bar. The fourth robbery occurred at the Twin Horse Saloon in Pinellas County, during which the defendants repeatedly held a firearm to the head of the bartender, and beat the patrons with a pool stick. Following that robbery, Griffin led police on a high-speed chase for several miles in St. Petersburg before the officers disabled Griffin’s vehicle and, with canine assistance, ultimately apprehended all five individuals.
Troy Markeith Griffin, Jr., Tevin Jamar Marketh Major, Craig Demetrio Koonce, and Juwaan Roberts previously pleaded guilty for their roles in this case and are currently awaiting sentencing.
This case was investigated by the Federal Bureau of Investigation, the Pinellas County Sheriff’s Office, and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Natalie Adams and Carlton Gammons.
Colombian Man Pleads Guilty to Drug ChargeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Dario Renteria-Garcia (41, Colombia, South America) has pleaded guilty to conspiring with others to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. He faces a minimum mandatory penalty of 10 years, up to life, in federal prison.
According to the plea agreement, on multiple occasions between 2010 and 2013, Renteria-Garcia organized maritime cocaine shipments. Among other things, he recruited mariners to smuggle cocaine from Colombia by sea in September 2010 and January 2013. Those mariners were subsequently interdicted by the U.S. Coast Guard in the eastern Pacific Ocean with over 1,000 kilograms of cocaine.
Renteria-Garcia was arrested in Colombia, and subsequently extradited to the United States, first arriving at a place in the Middle District of Florida.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) investigation comprised of agents and analysts from the Drug Enforcement Administration, Federal Bureau of Investigation, Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Coast Guard Investigative Service, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case is being prosecuted by Assistant United States Attorney Christopher F. Murray. The Office of International Affairs, Department of Justice, assisted with Renteria-Garcia’s extradition from Colombia.
November 2016 ElectionsRead the Press Release
Tampa, FL - United States Attorney A. Lee Bentley, III announced today that Assistant United States Attorney (AUSA) Robert Mosakowski will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Mosakowski has been appointed to serve as the District Election Officer (DEO) for the Middle District of Florida. In that capacity, he is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses, in consultation with Justice Department Headquarters in Washington.
United States Attorney Bentley said, “Every citizen should be free to vote without interference and to have his or her vote count, without the fear that it will be stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the electoral process.”
The Department of Justice plays an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact for the public to report possible violations on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. Such acts may include questioning, challenging, photographing, or videotaping voters at polling places, under the pretext of uncovering violations of federal voting rights laws. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Bentley stated that AUSA/DEO Mosakowski will be on duty in this District while the polls are open. Public complaints may be reported to him at (813) 274-6129.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. Local FBI field offices can be reached by the public at either (813) 253-1000 (Tampa Division) or (904) 248-7000 (Jacksonville Division).
Complaints about possible violations of the federal voting rights laws also may be made directly to the Civil Rights Division’s Voting Section in Washington, DC either by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected], or by complaint form at www.justice.gov/crt/complaint/votintake.
“Ensuring free and fair elections depends, in large part, on the cooperation of the American public,” said U.S. Attorney Bentley. “It is imperative that anyone with specific information about discrimination or election fraud immediately contact my Office, the FBI, or the Civil Rights Division.”
Life Care Centers of America Inc. Agrees to Pay $145 Million to Resolve False Claims Act Allegations Relating to the Provision of Medically Unnecessary Rehabilitation Therapy ServicesRead the Press Release
Tampa, FL - Life Care Centers of America Inc. (Life Care) and its owner, Forrest L. Preston, have agreed to pay $145 million to resolve a government lawsuit alleging that Life Care violated the False Claims Act by knowingly causing skilled nursing facilities (SNFs) to submit false claims to Medicare and TRICARE for rehabilitation therapy services that were not reasonable, necessary or skilled, the Department of Justice announced today. Life Care, based in Cleveland, Tennessee, owns and operates more than 220 skilled nursing facilities across the country, including the Middle District of Florida.
“This resolution is the largest settlement with a skilled nursing facility chain in the department’s history,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “It is critically important that we protect the integrity of government health care programs by ensuring that services are provided based on clinical rather than financial considerations.”
This settlement resolves allegations that between Jan. 1, 2006 and Feb. 28, 2013, Life Care submitted false claims for rehabilitation therapy by engaging in a systematic effort to increase its Medicare and TRICARE billings. Medicare reimburses skilled nursing facilities at a daily rate that reflects the skilled therapy and nursing needs of their qualifying patients. The greater the skilled therapy and nursing needs of the patient, the higher the level of Medicare reimbursement. The highest level of Medicare reimbursement for skilled nursing facilities is for “Ultra High” patients who require a minimum of 720 minutes of skilled therapy from two therapy disciplines (e.g., physical, occupational, speech), one of which has to be provided five days a week.
The United States alleged in its complaint that Life Care instituted corporate-wide policies and practices designed to place as many beneficiaries in the Ultra High reimbursement level irrespective of the clinical needs of the patients, resulting in the provision of unreasonable and unnecessary therapy to many beneficiaries. Life Care also sought to keep patients longer than was necessary in order to continue billing for rehabilitation therapy, even after the treating therapists felt that therapy should be discontinued. Life Care carefully tracked the minutes of therapy provided to each patient and number of days in therapy to ensure that as many patients as possible were at the highest level of reimbursement for the longest possible period. The settlement also resolves allegations brought in a separate lawsuit by the United States that Forrest L. Preston, as the sole shareholder of Life Care, was unjustly enriched by Life Care’s fraudulent scheme.
As part of this settlement, Life Care has also entered into a five-year chain-wide Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General (HHS-OIG) that requires an independent review organization to annually assess the medical necessity and appropriateness of therapy services billed to Medicare.
“This settlement addresses troubling conduct by a nationwide provider of rehabilitation services,” said United States Attorney A. Lee Bentley, III. “We will not tolerate this kind of fraud and abuse in skilled nursing facilities in our district.”
“Therapy provided in skilled nursing facilities must be medically reasonable and necessary, and we will continue to vigorously investigate companies that subject their residents to needless and unreasonable therapy,” said HHS Inspector General Daniel R. Levinson. “The corporate integrity agreement with Life Care is designed to ensure that it only provides therapy based on the individual needs of each resident.”
The settlement, which was based on the company’s ability to pay, resolves allegations originally brought in lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act by Tammie Taylor and Glenda Martin, former Life Care employees. The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery. The government may intervene and file its own complaint in such a lawsuit, as it has done in this case. The whistleblower reward in this case will be $29 million.
The settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorneys’ Offices for the Eastern District of Tennessee and the Southern District of Florida, and the HHS-OIG, with assistance from the U.S. Attorneys’ Offices for the District of Colorado, the Middle District of Florida, the Northern District of Georgia, the District of Massachusetts and the District of South Carolina and NCI/AdvanceMed, a Medicare Zone Program Integrity Contractor. In the Middle District of Florida, Assistant United States Attorneys Randy Harwell and Michael Kenneth assisted with the case.
The two qui tam cases are docketed as United States ex rel. Taylor v. Life Care Centers of America, Inc., No. 1:12-cv-64 (E.D. Tenn) and United States ex rel. Martin v. Life Care Centers of America, Inc., No. 1:08-cv-251 (E.D. Tenn). The case against Forrest L. Preston is captioned United States v. Preston, No. 1:16-cv-113 (E.D. Tenn). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Former Jacksonville Sheriff’s Officer Arrested for Seeking and Receiving Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the arrest and filing of a criminal complaint charging Michael Eugene Williams (59, Jacksonville) with publishing a notice seeking child pornography, receipt of child pornography, and possession of child pornography. If convicted on all counts, Williams faces a minimum mandatory term of 20 years, up to 60 years, in federal prison.
According to the complaint, on July 7, 2016, officers from the Jacksonville Sheriff’s Office executed a search warrant at Williams’s residence after receiving information that he was uploading child pornography for sharing to Google Drive. During the execution of the warrant, agents seized electronic devices, including a cellphone and a tablet that had been identified as belonging to Williams. The forensic examination of these devices revealed that Williams had been communicating by text message with a woman in Texas who had a 3-year-old daughter. The woman was producing pornographic images of her daughter and sending them to Williams in exchange for money that Williams sent to her via Western Union.
The Jacksonville Sheriff’s Office was able to identify the woman in Texas and agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Jacksonville and Dallas coordinated with the Cleburne Police Department (Texas) to obtain a search warrant for the woman’s residence. During an interview with her, she admitted to sending sexually explicit images of her daughter to Williams in exchange for money. She also stated that she had recent contact with Williams using a messaging app.
Law enforcement officers obtained a federal search warrant for Williams’s residence and seized a cellphone that belonged to him. A preliminary examination of the phone revealed additional images of child pornography received from the woman in Texas, as well as explicit chats of sexual conduct Williams wished to engage in with the child.
Williams has been arrested and is being held pending a detention hearing scheduled before United States Magistrate Judge Monte C. Richardson on Friday, October 28, 2016, at 2:30 pm.
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Jacksonville Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It will be 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 the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
United States Settles False Claims Act Allegations Against Compound Pharmacy Owner for $4.25 MillionRead the Press Release
Jacksonville, FL – United States Attorney A. Lee Bentley, III announces today that Mark Gilmore has agreed to pay the government $4.25 million to resolve allegations that he violated the False Claims Act.
The United States contends that QMedRx, a compound pharmacy in Maitland, Florida, knowingly billed federal healthcare programs for services that were not reimbursable. Specifically, the government contends that from January 1, 2013, until January 22, 2014, QMedRx submitted to federal healthcare programs, compounded prescriptions that were tainted within the meaning of the Anti-Kickback Statute. Because Gilmore was a partial owner of QMedRx, the government sought penalties and fines from the owners who participated in the fraud. The government is still pursuing penalties and fines from other participants within QMedRx.
“The United States Attorney’s Office is committed to taking the steps necessary to protect TRICARE and other federal health care programs from fraud,” said U.S. Attorney Bentley. “When health care practitioners violate the Anti-Kickback Statute in order to generate business, they will be held accountable.”
This case was developed through an initiative to track and prosecute compound pharmacies that submitted millions of dollars in improper claims to the TRICARE program. The government estimates that up to $2 billion of tainted and unnecessary compound prescriptions had been submitted to and paid by the government. In the Middle District of Florida, the government has recovered almost $70 million in fines and penalties over the past 18 months.
"This settlement is yet another example of the continuing commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program," said Special Agent in Charge John F. Khin, Southeast Field Office. "As one of our top priorities, DCIS aggressively investigates health care fraud that harms the DoD, to ensure the best use of precious taxpayer dollars needed to provide critical care for our Warfighters, their family members, and military retirees."
“The FBI remains vigilant in protecting federal health care programs from fraud,” said FBI Special Agent in Charge Paul Wysopal. “Agents will continue to identify and investigate individuals who target these programs for personal gain.”
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered more than $30.9 billion through False Claims Act cases, with more than $18.6 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was investigated by the Defense Criminal Investigative Service (DCIS) and the Federal Bureau of Investigation (FBI). It was prosecuted by Assistant United States Attorney Jason Mehta.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Member of an Orlando-Area Heroin Trafficking Organization Pleads GuiltyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Alexis Fontanez Nieves (29, Orlando) today pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin. He faces a minimum mandatory sentence of 10 years, up to life, in federal prison.
Nieves was indicted on March 23, 2016, along with co-conspirators Angel Manuel Fontanez, Ernesto Cabanas-Torres, Zuleyka Jeanette Colon-Rivera, Pedro Juan Rivera-Aviles, Wilbert Joel Alequin-Pagan, Robert Sautner, and Emmanuel Verges. To date, seven of the eight defendants have been convicted of a federal drug offense. A trial date for the remaining individual, Colon-Rivera, is currently set for October 24, 2016.
According to court documents, a drug trafficking organization whose members referred to themselves as “La Compania” or “the Company” used a telephone number (“the heroin line”) that frequently changed to sell heroin to customers primarily in the Orlando tourist district, near International Drive. Customers would call the heroin line and arrange to purchase heroin from a member of the organization. The heroin line changed hands from one member of the organization to the next, as heroin was sold during two 12-hour shifts, seven days a week. The organization distributed approximately one kilogram of heroin every two weeks.
Nieves’ brother, Angel Manuel Fontanez, was the leader of the organization. During the conspiracy, Nieves helped his brother re-package bulk heroin into smaller baggies for street-level sales, inside hotel rooms in Orlando. Nieves also supplied cocaine to the organization’s sellers, who would then sell it using the same methods they used to sell heroin. After Fontanez was arrested by officers from the Orlando Police Department for trafficking heroin, Nieves became more involved in the organization’s day-to-day activities by controlling the heroin line, providing heroin to the organization’s low-level sellers, and collecting money from the sellers at the end of their shifts.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “La Compania.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the Orange County Sheriff’s Office, the Metropolitan Bureau of Investigation, the United States Marshals Service, the Federal Bureau of Investigation, and the Orlando Police Department. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply.
Jury Finds Texas Lawyer and Others Guilty of International Money Laundering and Fraud ConspiraciesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Perry Don Cortese (53, Little River, Texas), Priscilla Ann Ellis (51, Killeen, Texas), and Kenietta Rayshawn Johnson (35, Leavenworth, Kansas) guilty of conspiracy to commit international money laundering and conspiracy to commit mail and wire fraud. Each faces a maximum penalty of 40 years in federal prison. Their sentencing hearings will be scheduled at a later date.
Cortese, Ellis, and Johnson were named in a superseding indictment on September 24, 2015.
According to the evidence presented at trial, Cortese, Ellis, and Johnson were members of an international criminal organization that defrauded dozens of victims across the United States and then laundered the funds, much of which were sent overseas. The fraud schemes took several forms. Many victims were law firms solicited online to perform legal work, provided counterfeit cashier’s checks for deposit into the firms’ trust accounts, and then directed to wire money to third-party shell businesses controlled by the conspirators. Others were title companies defrauded in phony real estate transactions. Other victims were targeted and defrauded by fake suitors on dating websites. The conspiracy also employed hackers who compromised both individual and corporate e-mail accounts, ordering wire transfers from brokerage and business accounts to shell accounts controlled by conspirators.
Victims were instructed to wire money into funnel accounts held by conspirators, known as “money mules.” The funds were then quickly moved to other accounts in the United States and around the world before the victims could discover the fraud. Bank records presented at trial indicate that, from 2012 to 2015, several millions dollars’ worth of wires were received in such accounts to be laundered. Conspirators in Canada, Nigeria, South Korea, Senegal, and elsewhere helped coordinate the fraud and money laundering activity from abroad.
Cortese, a licensed attorney in Texas, worked for the conspirators by laundering victim money through his interest on lawyers trust accounts (“IOLTAs”). He also met with individuals in person to retrieve cash withdrawn from receiver accounts. Cortese recruited his paralegal and others to open such accounts to launder funds. The evidence further showed that Johnson, then a bank employee at Capital One, helped create counterfeit checks and monitor money flows between accounts controlled by conspirators.
This case was investigated by the Federal Bureau of Investigation, with assistance from various federal and local law enforcement partners throughout the country, including the United States Postal Inspection Service and the Toronto Police Service in Ontario, Canada. The case is being prosecuted by Assistant United States Attorneys Patrick Scruggs and Eric Gerard.
Jacksonville Woman Pleads Guilty to Sex Trafficking by Force, Conspiracy to Distribute Crack Cocaine, and A Firearm OffenseRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Shaquana Quenella Brookins (31, Jacksonville) today pleaded guilty to sex trafficking by force, fraud, or coercion; conspiracy to manufacture and distribute cocaine base; and possession of a firearm as a convicted felon. She faces a minimum mandatory penalty of 15 years, up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, from the summer of 2013 through late 2015, Brookins was trafficking illegal drugs, including crack cocaine, heroin, and flakka, in Jacksonville and routinely carried firearms for intimidation purposes. She also engaged in commercial sex trafficking.
Around March 2014, Brookins met a woman with the initials D.C., who began working for Brookins in the commercial sex industry. D.C. was addicted to crack cocaine, and Brookins controlled D.C. by exploiting her addiction. Brookins repeatedly beat D.C. in order to cause her to engage in commercial sex and to punish her if she stole drugs or withheld money. On several occasions, D.C. attempted to escape from Brookins, but was forced by Brookins to return.
Brookins’s criminal enterprise included a driver who would take D.C. and others to commercial sex “dates” in exchange for crack cocaine. Brookins also used crack cocaine to compensate an attorney who represented D.C. and another sex trafficking victim in various criminal cases brought against the victims. Additionally, Brookins obtained a Smith & Wesson .357 Magnum revolver from the attorney, which she paid for with crack cocaine. Brookins was previously convicted of four felonies, and therefore was prohibited from possessing a firearm or ammunition under federal law.
Brookins and several co-conspirators distributed at least 200 grams of crack cocaine as part of their conspiracy during this time.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Tampa Brothers Sentenced to A Total of Seventy Years for Sex Trafficking ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Antawan Hudson (31, Tampa) to 30 years in federal prison for sex trafficking minors. On September 28, 2016, Hudson’s brother, Maurice Williams (26, Tampa), was sentenced to 40 years in federal prison for sex trafficking minors. Hudson pleaded guilty on the first day of trial and a federal jury found Williams guilty on May 20, 2016.
According to evidence presented at trial, Williams conspired with Hudson to traffic underage females by fraud, force, and coercion in the commercial sex trade. Williams and Hudson worked together to post online prostitution ads for the victims and then transported the girls throughout central Florida to have sex with customers. After the victims had sex with the customers, Williams and Hudson took some or all of the money and, in exchange, offered the victims drugs, alcohol, and beauty appointments.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Stacie Harris and Daniel George.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Seminole County Man Pleads Guilty to Sex Trafficking of A MinorRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Rowy De Jesus Vasquez (26, Altamonte Springs) today pleaded guilty to sex trafficking of a minor. He faces a penalty of 10 years, up to life, in federal prison. Vasquez was indicted on December 9, 2015.
According to the plea agreement, between April 24, 2015, and June 10, 2015, Vasquez caused a 14-year-old girl to engage in commercial sex acts for his financial gain and profit. He provided the girl with a cellphone to communicate with potential customers and to post advertisements for prostitution services on the Backpage website. Vasquez also set the prices for the sex acts and kept all of the proceeds.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Metropolitan Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Manager of A Cocaine Importation Conspiracy Sentenced to Eight Years in Federal PrisonRead the Press Release
Orlando, Florida – Senior United States District Judge G. Kendall Sharp has sentenced Lakisha Abney (33, Washington, D.C.) to eight years and one month in federal prison for conspiracy to import cocaine into the United States. She pleaded guilty on July 20, 2016.
According to court documents, in May 2016, Abney and her co-conspirators, Shawnta Aiken, Ciera Bryant, and Shenique Milbourne, traveled to Jamaica aboard a commercial cruise ship. Upon arriving in Jamaica, Abney coordinated a meeting with an individual who provided the four women with more than six kilograms of cocaine concealed in bras and underwear. Abney paid the individual for the cocaine and the four women returned to the cruise ship with the cocaine concealed under their dresses in the bras and underwear. The women then concealed the drugs in the cabin they shared aboard the cruise ship for the remainder of the cruise. When the ship returned to Port Canaveral, Abney and her co-conspirators departed the ship and entered the customs area of the port, with the cocaine concealed in their bras and underwear. U.S. Customs and Border Protection officers identified the cocaine during screenings and searches of the four passengers.
Aiken, Bryant, and Milbourne previously pleaded guilty and have been sentenced for their roles in this case. Aiken was sentenced to two years in federal prison, Bryant was sentenced to one year and ten months in federal prison, and Milbourne was sentenced to two years and six months in federal prison.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
Convicted Felon Sentenced to Federal Prison for Possession of Seven Firearms and AmmunitionRead the Press Release
Ocala, Florida – Senior United States District Judge Wm. Terrell Hodges today sentenced Charles Lewis Madison, Jr. (35, Ocala) to six years and six months in federal prison for possessing a firearm as a convicted felon. He pleaded guilty on August 11, 2016.
According to court documents, on May 11, 2016, law enforcement agents executed a search warrant at Madison’s residence. Upon seeing the agents, Madison unsuccessfully tried to flee on foot. The search of his residence and automobile revealed seven firearms (two of which were had been stolen), approximately 70 rounds of ammunition, baggies of cocaine, and drug paraphernalia. Madison admitted that the firearms, ammunition, and narcotics belonged to him. Madison has prior federal felony convictions for drug distribution and illegal possession of a firearm, and is therefore prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Marion County Sheriff’s Office, the Ocala Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime in our communities.
Alabama Man Indicted for Kidnapping Four-Year-Old GirlRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging West Wild Hogs (31, Searle, Alabama) with kidnapping. If convicted, he faces a maximum penalty of life in federal prison.
According to the indictment, on October 8, 2016, Hogs kidnapped a four-year-old girl from her home in Lakeland, Florida. He is not related to, nor did he have legal custody of the child. Hogs traveled across state lines to commit the offense and transported the child out of the State of Florida.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Natalie Hirt Adams.
Three Military Members Indicted for Paying Kickbacks to Tricare Beneficiaries to Obtain Prescriptions for Compounded MedicationsRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Cordera Hill (27, Tampa), Anthonio Miller (25, Tampa), and Rashad Barr (24, St. Petersburg) with one count of conspiracy and nine counts of offering to pay and paying kickbacks in connection with a federal health care benefit program. If convicted, each faces a maximum penalty of five years in federal prison on each count. The indictment also notifies the individuals that the United States intends to forfeit the proceeds traceable to the offenses.
According to the indictment, in October 2014, Hill, an active duty member of the United States Army, and Miller, an active duty member of the United States Navy, agreed to become sales representatives for Centurion Compounding, Inc. Centurion, a marketing firm 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. These creams had very high reimbursement rates, ranging from approximately $4,000 to $17,000 for a one-month supply. Centurion focused its promotional efforts on TRICARE beneficiaries based upon an understanding and belief that TRICARE would pay claims for these compounded creams. Centurion directed the prescriptions that it received for the patients its sales representatives had recruited to two compounding pharmacies: Lifecare Pharmacy and later Oldsmar Pharmacy. Centurion received approximately 50 percent of the after-cost amount of each claim paid by a health care benefit program to the pharmacy for each prescription filled. Centurion then paid its sales representatives a percentage of the paid claims it received from the pharmacies.
With the help of patient recruiter Barr, who was a U.S. Army reservist, Hill, Miller, and others working with them agreed to make, made, and caused to be made illegal kickbacks in the form of cash payments, doctor visit co-pays, meals, travel costs, and entertainment expenses to TRICARE beneficiaries to induce those beneficiaries to see doctors for the purpose of obtaining prescriptions for compounded creams marketed by Centurion and filled at Lifecare and later Oldsmar, resulting in commission payments to Centurion and its sales representatives, including the defendants.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Defense Criminal Investigative Service, the FBI, the Department of Health and Human Services Office of Inspector General, and the DEA. It will be prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Orlando Men Sentenced for Armed Robberies of Publix SupermarketsRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Cecil Dante Buckner (36, Orlando) to 34 years and 6 months in federal prison and Jarmen Lindell Sharp (34, Orlando) to 13 years in federal prison for their participation in a conspiracy to rob Publix supermarkets. Buckner also pleaded guilty to brandishing a firearm during and in relation to the robberies.
According to court documents, beginning no later than February 28, 2014, and continuing through April 23, 2014, Buckner, Sharp, and another individual conspired to rob Publix supermarkets in Orange and Volusia Counties. Specifically, on February 28, 2014, the two men and their co-conspirator robbed the Publix located at 2295 Aloma Avenue in Winter Park; on March 16, 2014, they robbed the Publix located at 7640 West Sand Lake Road in Orlando; and on March 30, 2014, they robbed the Publix located at 2410 South Woodland Boulevard in DeLand. During each of the robberies, Buckner and a co-conspirator wore masks and gloves to conceal their identities. Buckner held store customers and employees at gunpoint at the front of the stores, while the co-conspirator forced store employees into the cashier room at gunpoint and stole cash. Sharp acted as the “lookout” during each of the robberies, waiting in the parking lot of the stores to alert Buckner and the co-conspirator in the event that law enforcement arrived. In total, Buckner, Sharp, and their co-conspirator stole over $24,000 from Publix as a result of these robberies.
Additionally, on May 4, 2016, Buckner and another individual robbed the Publix supermarket located at 2515 Thonotosassa Road in Plant City. During that robbery, Buckner held store customers and employees at gunpoint while the other individual forced a store employee into the cashier room at gunpoint. As a result of this robbery, Buckner and the other individual stole over $18,000 from Publix.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Orange County Sheriff’s Office, the Winter Park Police Department, and the DeLand Police Department. It was prosecuted by Assistant United States Attorney Kara M. Wick.
Jacksonville Felon Convicted of Possessing A FirearmRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury found Lamar Ivory (25, Jacksonville), also known as “Thug Life,” guilty of possessing a firearm after having been convicted of a felony. He faces a minimum mandatory penalty of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for January 12, 2017.
According to evidence presented at trial, in early 2015, Ivory was a crack cocaine dealer in the north Phillips Highway area of Jacksonville. On April 30, 2015, a Jacksonville Sheriff’s Office patrol officer conducted a traffic stop on a vehicle that had been reported stolen. Ivory was a passenger in the vehicle and was apprehended, along with the driver. During a search of the vehicle, a Sig Sauer P226 9mm pistol was located in the glove compartment directly in front of the passenger seat where Ivory had been sitting.
A trace on the firearm determined that the owner was a Jacksonville criminal defense attorney and firearms collector. The attorney, who subsequently was prosecuted for being in possession of firearms while an unlawful user of crack cocaine, informed agents that Ivory had taken the pistol from him after he had retrieved it from a pawn shop on April 17, 2015. The attorney testified that he knew Ivory by the street name “Thug Life” and that Ivory had been his dealer.
At the time of his arrest, Ivory had multiple prior felony convictions, including armed robbery and drug sales, and was therefore prohibited from possessing a firearm or ammunition under federal law.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violent crime in our communities.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorneys Mac D. Heavener and Laura Cofer Taylor.
Orlando Realtor Pleads Guilty to Bankruptcy FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Rafael Sanchez (69, Orlando) has pleaded guilty to bankruptcy fraud. He faces a maximum penalty of five years in federal prison. Sanchez has agreed to make full restitution to the Clerk of Court for the United States Bankruptcy Court for the Middle District of Florida. His sentencing hearing is scheduled for January 9, 2017.
According to the plea agreement, Sanchez, a licensed real estate broker, devised a short-sale scheme to defraud creditors holding lawfully recorded mortgage notes, as well as the Federal National Mortgage Association (“Fannie Mae”) and the Federal Housing Administration (“FHA”), who had guaranteed the principal and interest payments on the mortgages. He targeted distressed homeowners facing foreclosure and promised to save their homes.
Sanchez successfully prevented creditors and guarantors from lawfully foreclosing on properties secured by mortgage notes by filing, or causing to be filed, fraudulent bankruptcies on behalf of the homeowners he targeted. The filing of these bogus bankruptcy petitions invoked the automatic stay provision of federal bankruptcy law, which brought an immediate halt to any foreclosure actions against the homeowners’ property.
As a result of the scheme, Sanchez enriched himself through ill-gotten real estate commissions from short sales of distressed homeowners’ properties during the automatic stay period.
This case was investigated by the Federal Bureau of Investigation, the Federal Housing Finance Agency - Office of Inspector General, the U.S. Department of Housing and Urban Development – Office of Inspector General, and the Office of the U.S. Trustee in Orlando. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney James Mandolfo.
Largo Felon Sentenced for Possessing Loaded FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Michael Kelly (29, Largo) to 5 years and 10 months in federal prison for possessing a firearm and ammunition as a convicted felon. The Court also ordered him to forfeit the firearm and ammunition.
Kelly was indicted on March 9, 2016, and convicted on June 29, 2016, after a jury trial. According to court documents, on October 15, 2015, FBI agents executed a search warrant at Kelly’s home and recovered a semi-automatic pistol from his bedroom. The firearm was loaded and contained nine rounds of 9mm ammunition. Agents also recovered three boxes of ammunition, containing a total of 150 rounds, from the top of his dresser. Kelly has multiple prior felony convictions, including possession of a sawed-off shotgun and aggravated assault, and is therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation and the Pinellas County Sherriff’s Office. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Simon A. Gaugush.
Jacksonville Man Sentenced to 15 Years in Federal Prison for Using Facebook to Solicit Child Pornography from A Minor ChildRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Chad Jason Lansford (31, Jacksonville) to 15 years in federal prison for sending notices over the Internet soliciting images of child pornography from a 9 year old child. He was also ordered to serve a 10 year term of supervised release and to register as a sex offender upon his release from prison. Lansford pleaded guilty on July 6, 2016. He has been in custody since his arrest on March 12, 2015.
According to court documents, in January 2015, law enforcement officers responded to a complaint from the mother of a 9 year old girl who had found several sexually explicit images on her daughter’s Facebook account. The mother identified two of the images as depicting her daughter. A review of the child’s iPod revealed online conversations through Facebook between the child and Lansford, including a message Lansford had sent to the child on January 2, 2015, that included images of his genitalia. During Lansford and the child’s online conversation that day, the child told Lansford that she was 9 years old. Despite this knowledge, Lansford repeatedly requested that she take and send to him pornographic pictures of herself. Eventually, the child complied with Lansford’s demands and sent him pornographic pictures of herself.
This case was investigated by the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Manager of Orlando-Area Heroin Trafficking Organization Pleads GuiltyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Ernesto Cabanas-Torres (41, Orlando) today pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin. He faces a minimum mandatory sentence of 10 years, up to life, in federal prison.
Cabanas-Torres was indicted on March 23, 2016, along with co-conspirators Angel Manuel Fontanez, Alexis Fontanez Nieves, Zuleyka Jeanette Colon-Rivera, Pedro Juan Rivera-Aviles, Wilbert Joel Alequin-Pagan, Robert Sautner, and Emmanuel Verges. To date, five of the eight defendants have been convicted of a federal drug offense. A trial date for the remaining individuals is currently set for October 24, 2016.
According to court documents, a drug trafficking organization whose members referred to themselves as “La Compania” or “the Company” used a telephone number (“the heroin line”) that frequently changed to sell heroin to customers primarily in the Orlando tourist district, near International Drive. Customers would call the heroin line and arrange to purchase heroin from a member of the organization. The heroin line changed hands from one member of the organization to the next, as heroin was sold during two 12-hour shifts, seven days a week.
On February 6, 2015, the leader of the organization, Angel Manuel Fontanez, was arrested by officers from the Orlando Police Department for trafficking heroin in the parking lot of a business located on Major Boulevard in Orlando. After Fontanez’s arrest, Cabanas-Torres and other co-conspirators assumed leadership roles in the conspiracy. Cabanas-Torres controlled the heroin line at times, and directed the activities of other co-conspirators. He also used his Orlando business, the Majestik Tattoo and Barbershop, to supply heroin to sellers and for meetings between the co-conspirators. Cabanas-Torres also personally sold heroin to undercover agents and informants on seven separate occasions between January and August 2015.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “La Compania.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the Orange County Sheriff’s Office, the Metropolitan Bureau of Investigation, the United States Marshals Service, the Federal Bureau of Investigation, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply.
Tampa-Area Woman Sentenced for Theft of Tax Refund ChecksRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore today sentenced Barbara Barr to 36 months and 1 day in federal prison for theft of government funds and aggravated identity theft. The Court also entered a forfeiture money judgment in the amount of $8,000, representing the proceeds of the offenses. Barr pleaded guilty on July 28, 2016.
According to court documents, Barr and her co-conspirator sold two stolen tax refund checks, totaling over $40,000, to a confidential informant for $8,000.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Rachel K. Jones.
Orange County Man Sentenced for Production of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Thomas Samborski, II (41, Orange County) to 20 years in federal prison and a life term of supervised release for production of child pornography. The Court also ordered him to pay restitution and to register as a sex offender upon his release from prison.
Samborski pleaded guilty in July 2016.
According to the plea agreement, on March 1, 2015, Samborski made sexually suggestive posts involving photographs of three minor children on a file sharing Internet site. As a result, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations conducted an investigation and on March 6, 2015, agents executed a search warrant at Samborski’s residence. During the search, agents recovered an iPhone 6 Plus containing hundreds of lascivious images of a female child that had been produced on March 1 and March 3, 2015. Additional electronic devices and media containing child pornography, including photographs showing the sexual abuse of infants and other minor victims, were also recovered.
"This criminal has caused irreparable harm to a young child and he will now spend the next 20 years in prison for these crimes,” said Susan L. McCormick, special agent in charge of HSI Tampa. “We hope that today’s sentencing can bring a small measure of closure to the victim and family.”
This case was investigated by Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orange County Man Sentenced for Production of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Thomas Samborski, II (41, Orange County) to 20 years in federal prison and a life term of supervised release for production of child pornography. The Court also ordered him to pay restitution and to register as a sex offender upon his release from prison.
Samborski pleaded guilty in July 2016.
According to the plea agreement, on March 1, 2015, Samborski made sexually suggestive posts involving photographs of three minor children on a file sharing Internet site. As a result, agents from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations conducted an investigation and on March 6, 2015, agents executed a search warrant at Samborski’s residence. During the search, agents recovered an iPhone 6 Plus containing hundreds of lascivious images of a female child that had been produced on March 1 and March 3, 2015. Additional electronic devices and media containing child pornography, including photographs showing the sexual abuse of infants and other minor victims, were also recovered.
"This criminal has caused irreparable harm to a young child and he will now spend the next 20 years in prison for these crimes,” said Susan L. McCormick, special agent in charge of HSI Tampa. “We hope that today’s sentencing can bring a small measure of closure to the victim and family.”
This case was investigated by Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Leader of an Orlando-Area Heroin Trafficking Organization Pleads GuiltyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Angel Manuel Fontanez (32, Clermont) today pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin and cocaine, as well as individual counts of distributing and possessing heroin. He faces a mandatory minimum sentence of 10 years, up to life, in federal prison.
Fontanez was indicted on March 23, 2016, along with co-conspirators Alexis Fontanez Nieves, Ernesto Cabanas-Torres, Zuleyka Jeanette Colon-Rivera, Pedro Juan Rivera-Aviles, Wilbert Joel Alequin-Pagan, Robert Sautner, and Emmanuel Verges. To date, four of the eight defendants have been convicted of a federal drug offense. A trial date for the remaining individuals is currently set for October 24, 2016.
According to court documents, a drug trafficking organization whose members referred to themselves as “La Compania” or “the Company” used a telephone number (“the heroin line”) that frequently changed to sell heroin to customers primarily in the Orlando tourist district, near International Drive. Customers would call the heroin line and arrange to purchase heroin from a member of the organization. The heroin line changed hands from one member of the organization to the next, as heroin was sold during two 12-hour shifts, seven days a week.
Fontanez was the leader of the organization, and he traveled out-of-state to acquire kilograms of heroin that were transported back to the Orlando area and then re-packaged into smaller, street-level quantities for distribution. He also managed and directed the activities of the organization’s street dealers. Based on undercover heroin purchases and other evidence developed during this investigation, law enforcement determined that Fontanez’s drug organization distributed approximately one kilogram of heroin to its customers in the Orlando area every two weeks. The organization also occasionally provided its customers with cocaine.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “La Compania.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the Orange County Sheriff’s Office, the Metropolitan Bureau of Investigation, the United States Marshals Service, the Federal Bureau of Investigation, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Andrew Searle.
The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply.
Five Plead Guilty to Trafficking Heroin in South TampaRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that five individuals have pleaded guilty to conspiring to distribute heroin. Edward McKenzie (40, Tampa), George Perdigon, A/K/A “Lee,” (48, Tampa), and Jesse Greer, A/K/A “Alex,” (40, Tampa) each face a mandatory minimum sentence of 5, up to 40 years, in federal prison. Michael Regan (40, Sun City Center) faces a maximum penalty of 20 years’ imprisonment. Gregory Phelps (61, Tampa) faces a mandatory minimum penalty of 10 years, up to life, in federal prison, and has agreed to forfeit the property located at 3608 West Oklahoma Avenue in Tampa that had been used by the defendants to facilitate and further the conspiracy.
According to the plea agreements, the individuals were part of a drug trafficking organization operating in South Tampa that transported heroin from New York City. The co-conspirators used the residence on West Oklahoma Avenue to store and distribute the heroin. Purchasers also used heroin at the home.
During the investigation, undercover detectives from the Tampa Police Department purchased heroin from the co-conspirators. Controlled purchases were also arranged through a confidential source. The investigation culminated during a traffic stop of McKenzie and Perdigon on April 22, 2016, during which solid heroin and hundreds of baggies of heroin packaged for distribution were seized.
This case was investigated by the Tampa Police Department and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Dan Baeza.
Tampa Man Sentenced for Attempted Sex Trafficking of A ChildRead the Press Release
Tampa, FL – Chief United States District Court judge Steven D. Merryday today sentenced James Patrick Manning (25, Tampa) to 10 years in federal prison for the attempted sex trafficking of a child. Manning was indicted on March 29, 2016.
According to court documents, Manning responded to an advertisement that had been posted on Backpage.com by Homeland Security Investigations and sent several text messages to an undercover law enforcement officer stating that he wanted to have sex with a 14-year-old girl. After negotiating the price, Manning drove to the designated location, met with an undercover agent, and paid to have sex with the 14-year-old girl.
“This sentencing sets a new precedence aimed at the demand for child sex trafficking, or ‘johns,’” said Susan L. McCormick, special agent in charge of HSI Tampa. “These criminals will be investigated and prosecuted to the fullest extent of the law.”
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Brevard County Man Pleads Guilty to Conspiracy to Commit Money LaunderingRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that James Long (44, Brevard County) today pleaded guilty to conspiracy to commit money laundering. He faces a maximum penalty of 20 years in federal prison.
According to the plea agreement, between 2010 and June 2013, Long and others used the Professional Pain Center located at 860 East State Road 434 in Longwood to conspire and to cause the distribution and dispensation of controlled substances outside the usual course of professional practice and for no legitimate medical purpose.
Long, as president and owner of the clinic, employed approximately 10 physicians who were willing to write unlawful and invalid prescriptions for Schedule II and Schedule III controlled substances. Long admitted that doctors working for his clinic engaged in a repeated pattern of issuing prescriptions for controlled substances without a legitimate medical reason, outside the usual course of professional practice. According to the plea agreement, any reasonably prudent physician would not issue such prescriptions for controlled substances in the quantity and combinations prescribed because of the danger of overdose and death coupled with the likelihood of diversion.
Long and his conspirators conducted financial transactions involving the drug proceeds. As a result, Long has agreed to forfeit numerous assets that he obtained directly from or are traceable to the unlawful operation of the clinic.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
“Honest Relieable” Tax Service Provider Found Guilty of Wire Fraud and Identity TheftRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Donna Demps guilty of wire fraud and aggravated identity theft. She faces a maximum penalty of 20 years in federal prison. Her sentencing hearing is scheduled for February 3, 2017.
According to testimony and evidence presented at trial, Demps formed the Florida corporation “D&D Honest Relieable [sic] Tax Services LLC.” She then used the corporation to open bank accounts into which she electronically transferred tax refunds obtained by stealing the identities of real people, many of whom were veterans, disabled, elderly, or otherwise unable to care for themselves. Demps never registered her tax preparation service with the Internal Revenue Service since she would have had to reveal that she was an eight-time convicted felon. Through her bank accounts, Demps stole more than $120,000 over a one-year period.
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 Thomas N. Palermo and Kristen A. Fiore.
Stash House Guard Pleads GuiltyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Jesus A. Barrera Guerrero (18, La Porte, Texas) today pleaded guilty to conspiracy to possess with intent to distribute 5 kilograms or more of cocaine and 500 grams or more of methamphetamine. He faces a minimum mandatory penalty of 10 years, up to life, in federal prison.
According to the plea agreement, in August 2016, at the direction of members of a large drug trafficking organization (DTO), Barrera Guerrero delivered approximately 11 kilograms of methamphetamine to an undercover DEA agent at a gas station in Gibsonton. Barrera Guerrero was arrested following the transaction, and he later led law enforcement investigators to a nearby drug stash house where he had been staying. Inside the house, DEA agents found nearly 13 additional kilograms of methamphetamine and approximately 11 kilograms of cocaine.
This case was the result of a comprehensive and dedicated effort by the Drug Enforcement Administration and the Bradenton Police Department, as part of an on-going Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.
Owner of Florida Home Health Agency Convicted in Multimillion-Dollar Health Care Fraud SchemeRead the Press Release
The owner of a Tampa, Florida, home health agency was convicted by a federal jury for her participation in a multimillion-dollar health care fraud and money laundering scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General’s (HHS-OIG) Miami Regional Office and Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office made the announcement.
Pilar Garcia Lorenzo (Garcia), 38, of Tampa, the owner of Gold Care Home Health Services Inc. (Gold Care), was convicted late yesterday of one count each of conspiracy to commit health care fraud and wire fraud, conspiracy to commit money laundering and money laundering following a jury trial before U.S. District Judge Charlene Edwards Honeywell of the Middle District of Florida. Sentencing has been scheduled for Jan. 5, 2017.
According to evidence presented at trial, in late summer 2014 Gold Care submitted millions of dollars’ worth of false and fraudulent claims to Medicare. The claims were for home health services that had never been provided and had not been legitimately prescribed by a physician. As a result of those false and fraudulent claims, Medicare reimbursed Gold Care approximately $2.5 million. Garcia used a “straw” or nominee owner in an effort to execute and conceal the fraudulent scheme, the evidence showed. Approximately $2 million of the fraud proceeds her company received were laundered in cash transactions through fictitious shell companies located in Hialeah, Florida.
HHS-OIG and FBI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office of the Middle District of Florida. This case is being prosecuted by Senior Trial Attorney Christopher J. Hunter and Trial Attorney Angela Adams of the Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 2,900 defendants who collectively have billed the Medicare program for over $10 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Sarasota Woman Pleads Guilty to Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Mazie Hill (50, Sarasota) has pleaded guilty to one count of conspiracy to commit theft of government property and identity theft. She faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Hill and others processed debit and credit cards in other people’s names containing tax refunds generated by fraudulent tax returns through a Square, Inc. account. Square, Inc. is a merchant processor that provides terminals to businesses to process credit and debit card payments. Hill and others set up the merchant accounts related to a restaurant located in the Middle District of Florida where Hill worked. The accounts were supposed to be used to process payments for restaurant and bar services only. Instead, they were used to process credit and debit card transactions for both legitimate restaurant-related sales and for tax fraud transactions using prepaid debit cards such as Green Dot. After the payments were processed, Square, Inc. electronically transferred the funds to Hill’s bank account and to the accounts of others, where the proceeds were shared and used for personal items.
The Green Dot cards containing fraudulent tax refunds were brought to Hill at the restaurant by others. Often, Hill and her co-conspirators would swipe the cards in declining amounts until a transaction was accepted. Between August and November 2012, Hill conducted 115 successful transactions with Green Dot cards had been funded with false tax refunds, in the amount of nearly $90,000. Almost $55,000 in transactions were declined.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Manatee County Man Sentenced to More Than Four Years for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – United States District Judge Virginia Covington today sentenced Ledale Johnson (51, Bradenton) to four years and three months in federal prison on charges relating to tax refund fraud and identity theft. He also was ordered to pay restitution in the amount of $57,415 to the Internal Revenue Service.
According to the plea agreement and court documents, Johnson conspired with others in a scheme involving the filing of false tax returns that generated tax refunds, which were then downloaded onto prepaid debit cards in other people’s names, including deceased individuals. On several dates from October 2011 through March 2012, Johnson possessed and used unauthorized and counterfeit debit cards that had been loaded with fraudulent tax refunds. Funds from these fraudulent tax returns were withdrawn by Johnson at local ATMs, used to purchase money orders, or otherwise spent at local merchants on personal items. On two separate occasions, Johnson was found to be in possession of numerous fraudulent cards during traffic stops by law enforcement.
Attempts were made to file fraudulent income tax returns seeking refunds of more than $250,000, with nearly $58,000 obtained in fraudulent tax refunds.
This case was investigated by the Manatee County Sheriff’s Office, the Bradenton Police Department, and the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Kelley C. Howard-Allen. This case is part of an ongoing initiative dedicated to combating the growing problem of identity theft and the fraudulent filing of electronic tax claims.
Former Bank Officer Sentenced for EmbezzlementRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore today sentenced Michael Johnson (56, Odessa) to 18 months in federal prison for embezzlement and misapplication of funds. As part of his sentence, the Court also entered a money judgment in the amount of $152,783, the proceeds of the charged criminal conduct. Johnson was adjudicated guilty on July 8, 2016.
According to the plea agreement and court proceedings, Johnson was employed as a Senior Vice President/Special Assets Officer at American Momentum Bank, an FDIC insured institution that was a member bank of the Federal Home Loan Bank of Dallas. In this capacity, he was responsible for marketing and selling bank-owned properties to investors in order to remove these troubled assets from American Momentum Bank’s balance sheet. Johnson signed the closing documents, including the HUD-1 Settlement Statement, on behalf of American Momentum Bank.
Beginning around June 2012, and continuing through November 2014, Johnson devised a scheme to misapply and embezzle funds provided by American Momentum Bank. After the sale of bank-owned property had been approved by American Momentum Bank, Johnson set up closings with real estate settlement agents. Johnson then contacted the settlement agents and ordered additions and/or changes to the disbursement side of the HUD-1. After closing, funds from American Momentum were misapplied by directing checks to be written or the wiring of funds to bank accounts that were controlled by Johnson’s family members.
This case was investigated by the Unites States Secret Service, the Tampa Police Department, and the Federal Housing Finance Agency – Office of Inspector General. It was prosecuted by Special Assistant United States Attorney Chris Poor.
Aryan Brotherhood Member Convicted of Possessing A FirearmRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Michael Wilson (43, New Port Richey), also known as “Moon Lake Mike,” guilty of possessing a firearm and ammunition as a convicted felon. Wilson faces a minimum mandatory sentence of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for January 12, 2017. Wilson was indicted on July 26, 2016.
According to evidence presented at trial, on December 11, 2015, the Pasco County Sheriff’s Office SWAT team executed a search warrant at a residence in Hudson where Wilson was found barricaded in a bedroom surrounded by drugs, cash, white supremacist-related items, and a loaded .45 caliber firearm. Several witnesses testified that the firearm belonged to Wilson and that he carried it with him as he sold methamphetamine to others in the area. Wilson, an admitted member of the Aryan Brotherhood, is a previously convicted felon and therefore was prohibited from carrying a firearm or ammunition under federal law. His priors include two convictions for aggravated assault on a law enforcement officer, four convictions for grand theft, as well as convictions for armed burglary, sale and possession of cocaine, felonious possession of a firearm, and fleeing and eluding.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Pasco County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Michael V. Leeman.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN) - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also part of the PSN Comprehensive Anti-Gang Initiative (CAGI). CAGI’s objective is to reduce criminal gangs, violent crime, and illegal drugs and guns through swift, thorough enforcement and prosecution, along with prevention and re-entry efforts.
Sanford Woman Sentenced to Five Years for Stealing Tax Refunds and Personal Identity InformationRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Virginia Miller to five years and one month in federal prison for conspiracy to steal federal tax refunds and aggravated identity theft. As part of her sentence, the Court also entered a money judgment in the amount of $493,697, the proceeds of her criminal conduct. Miller pleaded guilty on July 12, 2016.
According to court documents, Virginia Miller and her daughter, Derma Miller, conspired to file false federal income tax returns using stolen personal identifiable information (PII), much of which belonged to individuals who were physically and mentally disabled, to obtain tax refunds from the Treasury Department. Virginia Miller prepared and filed the fraudulent returns using the stolen PII. She then directed the Internal Revenue Service to electronically deposit the fraudulent refunds into a bank account that Derma Miller controlled. The women withdrew the tax refunds funds in cash and made purchases for their own benefit and the benefit of others. During a two-year period, the Millers filed approximately 226 fraudulent tax returns and obtained $493,697 in fraudulent tax refunds from the Treasury Department.
On July 21, 2016, a federal jury found Derma Miller guilty for her role in this case. Her sentencing is scheduled for October 19, 2016.
This case was investigated by the Internal Revenue Service Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Karen L. Gable and Nathan W. Hill.
Ukrainian Sail Boaters Convicted of Smuggling $10 Million Worth of Cocaine on “Ghost Ship”Read the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Igor Polshyn and Oleskii Tsurkan guilty of conspiring to possess and possession with intent to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States. Each faces a maximum penalty of life in federal prison. Their sentencing hearings are scheduled for January 10, 2017.
According to evidence presented at trial, on November 7, 2015, a U.S. Customs and Border Protection P-3 Orion detected a sailboat 56 miles south of the Dominican Republic, traveling at night on the high seas with no lights, and on a course to travel through the Mona Passage between the Dominican Republic and Puerto Rico. The Orion crew alerted the United States Coast Guard, which dispatched the USCG Cutter Bernard C. Webber to interdict the vessel. The Webber interdicted the sailboat 26 miles south of the Dominican Republic, still on a course to take it through the Mona Passage. The sailboat flew the Spanish flag and bore a Spanish registration number on the stern. Polshyn was the master of the vessel and Tsurkan its sole crew member.
The Coast Guard eventually boarded the sailboat and, during an initial safety sweep, found over 100 kilograms of cocaine over the forward most bilge access. Subsequent searching recovered an additional 270 kilograms of cocaine, for a total of 370 kilograms of cocaine (814 lbs.), including cocaine commingled with the food supplies of the sailboat crew. Officials from DEA-Madrid and the Coast Guard Investigative Service traced the vessel registration number back to a real sailboat near Barcelona, Spain. The sailboat interdicted by the Coast Guard was a “ghost ship,” using the stolen identity of a real vessel in Barcelona, to mask its true identity. The recovered cocaine had an approximate wholesale value of $10 million.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, the Coast Guard Investigative Service, and the United States Coast Guard. It is being prosecuted by Assistant United States Attorneys Thomas N. Palermo and Walter E. Furr.
Jacksonville Man Federally Charged for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Richard Daniel Lord (57, Jacksonville) has been arrested and charged in a federal criminal complaint with receiving child pornography over the Internet. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison, and a potential life term of supervision. His detention hearing is scheduled for October 5, 2016, at 3:30 p.m., in Jacksonville.
According to the complaint, on September 30, 2016, FBI agents executed a federal search warrant at Lord’s residence in Jacksonville. During an interview with agents, he admitted that he had used his cellphones to search for, download, and view child pornography. He stated that he was most interested in images and videos of children who were between 10 and 12 years of age, that he searched for child pornography “constantly,” and that he was unable to control himself. A forensic examination of one of Lord’s cellphones revealed a video that had been downloaded by Lord on September 16, 2016, depicting a child being sexually abused.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
State Representative Pleads Guilty to Wire Fraud and Failure to File Federal Income Tax ReturnsRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Reginald Fullwood (41, Jacksonville) has pleaded guilty to one count of wire fraud and one count of failure to file federal income tax returns. He faces a maximum penalty of 20 years in federal prison for the wire fraud offense, and a year of imprisonment for the failure to file charge. His sentencing hearing has been set for January 9, 2017.
According to court documents, while Fullwood was seeking election to the Florida House of Representatives, as well as during re-election campaigns, he caused numerous electronic funds transfers from the “Reggie Fullwood Campaign” bank account to a bank account of an entity owned by Fullwood, Rhino Harbor, LLC. Fullwood then used those funds, approximately $65,000 in financial contributions, for personal expenses, including restaurants, grocery stores, retail stores, jewelry stores, florists, gas stations, and liquor stores. To conceal his fraudulent embezzlement of campaign funds, Fullwood submitted or caused to be submitted false and fraudulent campaign expenditure reports to the State of Florida, which included inflated and/or non-existent campaign expenses.
In the State of Florida, a candidate, or the spouse of a candidate, may not 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.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Mark B. Devereaux and Jason Mehta.
Former NFL Player Sentenced to 15 Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Donald Broomfield (40, Jacksonville) to 15 years in federal prison for his involvement in a conspiracy to distribute 5 kilograms or more of cocaine that spanned 4 years. A federal jury found him guilty on October 6, 2015.
According to court documents, Broomfield began obtaining kilograms of cocaine from a source of supply in Texas in 2010. He then distributed the drugs to individuals in Jacksonville and Orlando. Broomfield, and others at his direction, used various vehicles equipped with hidden compartments to transport the cocaine. As part of an on-going investigation, on August 8, 2014, Broomfield was stopped by the Jacksonville Sheriff’s Office (JSO) while driving his Chrysler 300. A drug detecting canine alerted on the vehicle and a subsequent search revealed 1.6 kilograms of cocaine in a hidden compartment. The same day, JSO officers searched a residence in Jacksonville where Broomfield had been storing cocaine for several years. They seized empty kilogram wrappers, a cocaine press, digital scales, and drug packaging materials. Testimony at trial established that Broomfield was a leader of the conspiracy and was responsible for the distribution of 50 – 150 kilograms of cocaine. This was his first felony conviction.
Broomfield was drafted in 1999 by the Cincinnati Bengals and, in 2000, he signed with the Arizona Cardinals. During the summer of 2001, he participated in the Jacksonville Jaguars training camp.
This case was investigated by the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Julie Hackenberry Duva.