Middle District of Florida
Press releases recorded for this federal judicial district.
Pinellas County Man Convicted of Being A Felon in Possession of A Firearm and 159 Rounds of AmmunitionRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Michael W. Kelly (29, Largo) guilty of possessing a firearm and ammunition as convicted felon. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for October 5, 2016.
According to evidence presented at trial, 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 Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Simon Gaugush.
Federal Jury Finds Pasco County Aircraft Mechanic Guilty of Child Exploitation OffensesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces today that a federal jury has found Russel Lee Orr (41, Trinity) guilty of attempted online enticement of a child to engage in sexual activity, attempted production of child pornography, and eight counts of advertising for child pornography. On the attempted enticement count, Orr faces a minimum mandatory penalty of 10 years’, up to life, imprisonment. He faces a mandatory minimum of 15 years, up to 30 years, in federal prison for the attempted production charge and for each of the advertising charges. His sentencing hearing is scheduled for October 25, 2016.
According to evidence presented at trial, from March 10, 2015, through May 20, 2015, Orr engaged in a series of text message and email conversations with an individual he believed to be a 14-year old girl. The "child" was actually a detective with the St. Johns County Sheriff’s Office. During the course of the conversations, Orr discussed in detail his desire to meet the “child” for sex. He also repeatedly solicited the “child” to produce and send pornographic pictures of her genitalia to him.
On May 21, 2015, FBI agents and other law enforcement officers executed a federal search warrant at Orr’s apartment and arrested him. During the search of the home, the agents located and seized a smart phone that Orr had used to communicate with the “child” and also to search the Internet for materials related to the sexual exploitation of children.
This case was investigated by the St. Johns County Sheriff’s Office, the Volusia County Sheriff’s Office, the Pasco County Sheriff’s Office, and the Federal Bureau of Investigation in Jacksonville and Tampa. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Florida Man Sentenced to 10 Years for Possessing Child PornographyRead the Press Release
Tampa, FL – U.S. District Judge Steven D. Merryday has sentenced Bryant Lee Gramer (43) to 10 years in federal prison for possessing child pornography. As part of his sentence, he was also ordered to pay $1,500 in restitution to a victim of his offense. Gramer pleaded guilty on April 20, 2016.
According to court documents, in 2011, Gramer uploaded to Facebook numerous photos depicting child pornography, and he also had hundreds more in his possession. Gramer, a registered sex offender, was previously convicted for committing a lewd and lascivious act in the presence of a child. In 2012, he was sentenced to a state prison term for having unregistered email accounts in violation of his sex offender reporting requirements.
"We hope today's sentencing brings a small measure of relief to the innocent victims of these crimes," said Susan L. McCormick, special agent in charge of HSI Tampa. "Protecting our nation's children remains one of HSI's top priorities."
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.
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 tpro identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Florida Cardiologist and His Practice Pay Millions and Agree to Three Years of Exclusion to Resolve Alleged False Billings for Unnecessary Procedures and Illegal KickbacksRead the Press Release
Tampa, FL – An Ocala, Florida, cardiologist, Dr. Asad Qamar, and his practice, the Institute of Cardiovascular Excellence (ICE), will pay $2 million, plus release any claim to $5.3 million in suspended Medicare funds, to resolve a lawsuit alleging that they improperly billed Medicare, Medicaid and TRICARE for medically unnecessary procedures, and paid kickbacks to patients by waiving Medicare copayments irrespective of financial hardship, the Justice Department announced today. Dr. Qamar also agreed to a three-year period of exclusion from participating in any federal health care program followed by a three-year Integrity Agreement with the Department of Health and Human Services Office of the Inspector General (HHS-OIG). The settlement relates to two consolidated lawsuits in which the United States intervened on Dec. 22, 2014.
“Patient safety is of paramount importance,” said U.S. Attorney A. Lee Bentley III for the Middle District of Florida. “When a doctor performs medically unnecessary and invasive procedures on Medicare patients, federal healthcare programs are defrauded and, more importantly, patients’ lives and wellbeing are recklessly put at risk. This case shows our office’s steadfast commitment to holding medical providers personally responsible for their actions.”
“Billing federal health programs for medically unnecessary procedures is unacceptable – not only does it waste taxpayer funds, but it also puts patients at risk,” said Principal Deputy Assistant Attorney General, Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Today’s settlement evidences the Department of Justice’s firm commitment to protect public funds and to safeguard the well-being of federal health care program beneficiaries.”
The settlement resolves the government’s lawsuit claiming that Dr. Qamar and ICE billed Medicare, Medicaid and TRICARE for excessive, medically unnecessary and inadequately documented peripheral artery interventional services and related procedures. Many of the cardiovascular procedures for which Dr. Qamar and ICE billed Medicare and the other programs were not indicated by patients’ medical histories or records, or the severity of the patients’ symptoms.
The government also alleged that to help facilitate this false billing scheme, Dr. Qamar and ICE routinely and indiscriminately waived the 20 percent Medicare copayment, irrespective of the patient’s financial need. Medicare copayments assure that patients have an incentive to be smart healthcare consumers and avoid unnecessary procedures. By waiving the required copayments indiscriminately, Dr. Qamar and ICE induced patients to agree to unnecessary and invasive procedures and other services. Dr. Qamar’s and ICE’s illegal conduct made Dr. Qamar the highest paid Medicare cardiologist in the country in 2012 and 2013.
“When medical professionals act on greed to perform unnecessary, invasive procedures on Medicare and Medicaid patients, both patient health and taxpayer funds are compromised,” said Special Agent in Charge Shimon R. Richmond of HHS-OIG. “Our agents and investigators will continue to work hard with our law enforcement partners to ensure that health care providers who engage in such illegal behavior are held accountable.”
The allegations resolved by today’s settlement were originally raised in two lawsuits filed pursuant to the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they discover evidence that defendants have submitted false claims for government funds and to receive a share of any recovery. The False Claims Act also permits the government to intervene in such lawsuits, as it has done in these cases. The cases are captioned United States ex rel. Doe v. Institute of Cardiovasular Excellence, PLLC, ICE Holdings, PLLC, Dr. Asad Qamar, & Dr. Humera Qamar, Case No. 5:11-CV-406-OC-KRS (M.D. Fla.); United States ex rel. Taylor & the State of Florida v. Institute of Cardiovascular Excellence & Dr. Asad Qamar, Case No. 8:14-CV-1454-T-35-EAS (M.D. Fla.). The relators Dr. Robert A. Green and Ms. Holly A. Taylor will receive $1,327,721 as their share of the settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $29.9 billion through False Claims Act cases, with more than $18.3 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was handled by the Commercial Litigation Branch of the Department of Justice’s Civil Division, the U.S. Attorney’s Office for the Middle District of Florida, HHS-OIG, and the Defense Health Agency on behalf of the TRICARE program. The claims asserted by the government are allegations only, and there has been no determination of liability.
Palm Bay Man Sentenced to More Than Twelve Years for Drug Trafficking and Firearm OffensesRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced John Dwayne Riley (39, Palm Bay) to 12 years and 6 months in federal prison for possessing more than 500 grams of cocaine with the intent to distribute it, and for possessing a firearm in furtherance of that drug-trafficking crime. A federal jury found him guilty on April 5, 2016. Additionally, Riley has an extensive criminal history that includes convictions for attempted robbery and for drug-trafficking crimes.
According to evidence presented at trial, on June 17, 2015, probation officers with the Florida Department of Corrections went to Riley’s house in response to an anonymous tip that he was dealing drugs. The officers observed powder cocaine inside a car in Riley’s garage, and they also found approximately one kilogram of individually packaged powder cocaine in one of Riley’s kitchen cabinets. During the execution of a search warrant later that evening, officers from the Palm Bay Police Department discovered an additional 5 grams of individually packaged heroin in another kitchen cabinet and 59 grams of individually packaged crack cocaine in the car. Riley also had several items of drug paraphernalia, and the pans in his kitchen sink contained fresh crack cocaine residue. Officers found $1,000 in cash in Riley’s pocket, and they recovered a loaded handgun from where Riley had been seated on his living room sofa.
This case was investigated by the Palm Bay Police Department, the Drug Enforcement Administration, and the Florida Department of Corrections. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
Naples Man Sentenced to More Than Five Years for Distributing Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Travis John Jenner (38, Naples) to five years and six months in federal prison for distributing child pornography. He pleaded guilty on January 5, 2016.
According to court documents, on May 19, 2015, Jenner distributed child pornography over the Internet to an undercover detective in Canada. A child sex crimes detective from the Ontario Provincial Police (OPP) encountered Jenner on a website where he was advertising an opportunity to “view some young females.” When the OPP officer responded to the ad, Jenner redirected the officer to a chat site where he was the “owner” of the room and multiple other users were present. Jenner informed the users, including the undercover officer, that he would share photos of two young girls. He stated that one of the girls is “…15 in pics and 18 now,” and the other is “…16/17 in pics, 19 now.” Jenner identified both girls by name and shared multiple images of them engaging in sexually explicit conduct. He also told the officer that he knew one of the girls and had chatted online with her for two years. He identified that girl by name and email address.
On July 23, 2015, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a search warrant at Jenner’s residence and seized his laptop computer. A preliminary forensic review of this computer revealed several images of the identified minor engaging in sexually explicit conduct, including the images that had been distributed to the undercover OPP officer.
During an interview, Jenner admitted to knowing one of the minor victims and having an online relationship with her. He stated that during the relationship he had received numerous images of the girl engaging in sexually explicit conduct and/or posing in a lewd and lascivious manner. In addition, he admitted to creating an online account that he had used to distribute the sexually explicit images of the minor. Jenner admitted that he had become obsessed with the minor, and that he continued to view and distribute her images after the relationship had ended.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in cooperation with the Ontario Provincial Police Child Sex Crimes Unit. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
Brevard Public Schools Employees Charged with Drug TraffickingRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the arrests of and unsealing of a criminal complaint charging Leonard Charles Agee Jr. (40, Titusville) and Benjamin S. Jenkins (36, Mims) with conspiracy to distribute and possession with intent to distribute controlled substances. If convicted, each faces a maximum penalty of 20 years in federal prison.
At the time of the investigation, Agee and Jenkins were football coaches and employees of Brevard Public Schools.
According to the complaint, between September 2015 and his arrest today, Agee sold heroin to a confidential informant, and he has been trafficking in cocaine and marijuana. On multiple occasions starting in 2015, Jenkins sold prescription pills and cocaine to a confidential informant.
Several search warrants have been executed in Titusville and Mims in connection with this investigation. Three additional individuals were also arrested today on state charges.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration, with assistance from the Brevard County Sheriff’s Office, the Titusville Police Department, the Melbourne Police Department, and the Florida Department of Corrections Probation and Parole Services. It will be prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.
Media Advisory: Law Enforcement Agencies to Announce Arrests on Drug Conspiracy ChargesRead the Press Release
WHO:
United States Attorney A. Lee Bentley, III
Assistant Special Agent in Charge Jeffrey T. Walsh, Drug Enforcement Administration
Chief John Lau, Titusville Police Department
Investigative Agencies
DEA (Gainesville Resident Office)
Brevard County Sheriff’s Office
Melbourne Police Department
Florida Probation and Parole
WHAT:
Press Conference to announce the arrests of individuals involved in a drug conspiracy in Brevard County.
WHEN:
WEDNESDAY, JUNE 29, 2016 at 1:30 P.M. EST
WHERE:
U.S. Attorney’s Office
400 W. Washington Street
Genzman Room (Suite 2100)
Orlando, Florida 32801
OPEN PRESS
NOTE:
All media must present government-issued photo I.D. (such as a driver’s license).
Media may begin arriving at 12:45 P.M.
Winter Springs Man Sentenced to Eighteen Years for Attempted Enticement of A MinorRead the Press Release
Orlando, Florida – United States District Judge Carlos Mendoza today sentenced George Adrien Brooks (73, Winter Springs) to 18 years in federal prison for attempting to induce a child to engage in illicit sexual conduct. A federal jury found him guilty on March 4, 2016.
According to evidence presented at trial, between September 5 and September 10, 2015, Brooks engaged in online communications with the purported father of a 10-year-old boy about engaging in sexual conduct with the child. The “father” was an undercover FBI agent. On September 10, 2015, Brooks traveled to Seminole County to meet the child for sex and was arrested. During the trial, the government presented evidence that Brooks had sexually abused another child 44 years ago.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Daytona Beach Resident Sentenced to Federal Prison for Tax Fraud and Identity TheftRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan today sentenced Shawne Butler (51, Daytona Beach) to 42 months in federal prison for filing fraudulent tax returns with the Internal Revenue Service and for aggravated identity theft. He pleaded guilty on March 4, 2016.
According to court documents and facts presented at his sentencing hearing, Butler devised a scheme whereby he stole identities from state prison inmates and used them to file fraudulent tax refunds. Over the course of approximately two years, Butler filed 188 fraudulent tax returns and received $207,908 in refunds, which he deposited into his bank account.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Jay Taylor.
Convicted Indiana Child Molester Sentenced for Failing to Register as A Sex OffenderRead the Press Release
Jacksonville, Florida – Senior United States District Judge Harvey E. Schlesinger has sentenced Ricardo Lamont Irvine (43, Evansville, IN) to 41 months in federal prison for failing to register as sex offender after traveling from Indiana to Florida. He pleaded guilty on December 10, 2015.
According to court documents, on November 4, 1996, Irvine was convicted of child molestation in Evansville, Indiana. Subsequent to his conviction, Irvine traveled from Indiana to Florida but failed to register as a sex offender as required by the Sex Offender Registration and Notification Act.
On September 22, 2015, officers with the Jacksonville Sheriff’s Office (JSO) responded to a Walmart store in Jacksonville in reference to a disturbance. Officers made contact with Irvine, who advised the officers that he had been in Jacksonville for about two weeks and was living in a wooded area. Records checks revealed that Irvine was a registered sex offender from Indiana and that he had failed to register in Florida.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law This case was investigated by the United States Marshals Service, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. 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.
Bradenton Pastor Convicted of Mortgage FraudRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Nelson Cristiano Machado, Jr. (50, Bradenton) guilty of three counts of wire fraud. He faces a maximum penalty of 30 years in federal prison on each count. His sentencing hearing is scheduled for September 26, 2016.
According to evidence presented at trial, Machado knowingly participated in a scheme to defraud mortgage lenders. He entered into a sale contract for the purchase of two residences in Cape Coral, one for $509,900, and another for $249,900. In his loan applications, Machado falsely represented his employment, the balance of his bank account, and that each of the homes would be his primary residence. He also failed to disclose to his second mortgage lender that he had already obtained a first mortgage in the amount of $343,000 and second mortgage in the amount of $147,000. Machado also failed to disclose the purchase of another residence located in Fort Myers for which he had obtained a mortgage in the amount of $189,050. Relying upon Machado’s false representations, the mortgage lenders approved his loan applications and wired the funds to the designated title agencies for closing.
This case was investigated by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Yolande G. Viacava.
Orlando Pharmacist Sentenced to More Than 24 Years for Illegally Dispensing OxycodoneRead the Press Release
Orlando, Florida – United States District Judge Paul G. Byron has sentenced Valentine Okonkwo (54, Orlando) to 24 years and 4 months in federal prison for conspiracy to distribute and dispense oxycodone outside the usual course of professional practice and without a legitimate medical purpose and for dispensing and distributing oxycodone outside the usual course of professional practice and without a legitimate medical purpose. A federal jury found him guilty in March 2016.
According to evidence presented at trial, Okonkwo, a licensed pharmacist, dispensed more than 500,000 oxycodone pills during the timeframe of the conspiracy and collected over $1.3 million from illegal oxycodone sales. Okonkwo accepted fraudulent prescriptions from patients who had traveled long distances, and in groups, to get their oxycodone from his pharmacy, known as Avalon Park Pharmacy. The patients paid a premium, in cash, for the pain pills because they had fraudulent prescriptions and prescriptions from pill mill doctors. Avalon Park Pharmacy led the surrounding area in oxycodone distribution, including all of the major retail pharmacies. Many of the oxycodone pills were purchased by drug addicts and drug dealers who then sold the pills for up to $15 apiece on the streets. Okonkwo also had sex with several customers who had used fraudulent prescriptions at his pharmacy.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys James D. Mandolfo and Nathan W. Hill.
Mexican National Sentenced to More Than 15 Years on Money Laundering and Drug Trafficking ChargesRead the Press Release
Tampa, Florida – United States District Judge Elizabeth A. Kovachevich today sentenced Edgar Yanez-Gutierrez (32, Nayarit, Mexico) to 15 years and 8 months in federal prison for conspiring to commit money laundering and conspiring to distribute cocaine, methamphetamine, and marijuana. He pleaded guilty on February 24, 2016.
According to the court documents, Yanez-Gutierrez was part of a large-scale drug trafficking organization (DTO) that shipped cocaine, methamphetamine, and marijuana from California to drug distribution and money laundering cells throughout the United States, including Florida, Ohio, North Carolina, Nevada, New Jersey, New York, Alabama, and Arkansas. Yanez-Gutierrez fled from California to Mexico in 2011, but was later arrested and extradited to the United States in December 2015. To date, 27 others have been prosecuted in the Middle District of Florida for their roles in this DTO.
“This sentencing is another step toward the total dismantling of a dangerous transnational drug trafficking operation, further emphasizing that criminals cannot hide behind international borders and escape justice.” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI will continue to work with our international law enforcement partners to make our country and communities safer.”
The case was prosecuted by Assistant United States Attorney Christopher F. Murray. It was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from other federal, state, and local agencies as part of an 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. The Office of International Affairs, Department of Justice, assisted with Yanez-Gutierrez’s extradition to the United States.
Jacksonville Man Sentenced for Assassination Attempt on Federal JudgeRead the Press Release
Jacksonville, Florida – United States District Judge L. Scott Coogler today sentenced Aaron M. Richardson (27, Jacksonville) to 343 years in federal prison for his attempt to assassinate United States District Judge Timothy J. Corrigan and 23 related offenses.
On March 17, 2016, a federal jury found Richardson guilty of attempting to murder a United States district judge, numerous firearm offenses, failure to appear at court hearings, making false statements to the FBI and the United States Probation Office, and impersonating an officer of the United States military.
According to evidence presented at trial, Judge Corrigan previously convicted and sentenced Richardson for attempting to make an incendiary device in a 2008 case. Following incarceration for that crime, Richardson began serving a term of supervised release. Subsequently, he was arrested for multiple new offenses and faced state prosecutions in Clay, Duval, and Volusia counties, as well as supervised release proceedings in federal court.
Richardson devised a plan, which he named “Mission Freedom,” that involved preparing a false order purportedly signed by Judge Corrigan, dismissing all of his pending charges, as well as other benefits. Richardson planned the murder so that Judge Corrigan could not refute the sham order. As part of the plan, he conducted Internet searches to locate Judge Corrigan and the potential murder weapon.
On June 21, 2013, Richardson stole a Savage Arms .30-06 rifle from a local Sports Authority store. The theft and Richardson’s prior casing of the store were captured on store video surveillance. On the night of June 22, 2013, Richardson went to Judge Corrigan’s residence and, at 12:30 a.m., he fired a single shot at the judge using the stolen rifle. The shot missed the judge by less than two inches and instead hit a window frame. Forensic evidence confirmed Richardson’s presence at the scene of the crime.
Richardson was apprehended on June 25, 2013, by a U.S. Marshals Fugitive Task Force. That night, he made multiple false statements about the crime to the FBI.
“The attack on Judge Corrigan was an assault on the entire federal judicial system and the rule of law,” said U.S. Attorney A. Lee Bentley, III. “The sentence imposed today reflects the seriousness of the crime and the importance of protecting our federal judiciary. Judges should not have to fear that their impartial rulings will subject them to threats of reprisal or attacks from criminal defendants or other disgruntled litigants.”
This case was investigated by the FBI, the United States Marshals Service, ATF, the Jacksonville Sheriff’s Office, the Baker County Sheriff’s Office, the Clay County Sheriff’s Office, the St. Johns County Sheriff’s Office, the Daytona Beach Police Department, the Florida Department of Law Enforcement, the Bethune-Cookman University Department of Public Safety, the United States Probation Office for the Middle District of Florida, and the State Attorneys’ Offices for the Fourth and Seventh Circuits. It was prosecuted by Assistant United States Attorneys Mac D. Heavener, III and Mark B. Devereaux.
Link to press conference photo gallery.
Federal Jury Convicts Armed Career CriminalRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Dan Reed (50, Daytona Beach) guilty of possessing a firearm after having been convicted of a felony. Due to his prior criminal record, Reed qualifies for enhanced penalties under the Armed Career Criminal Act. He faces a mandatory minimum penalty of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for September 19, 2016. Reed was indicted on July 15, 2015.
According to testimony presented at trial, Reed engaged in a dispute with his neighbor regarding money Reed believed the neighbor owed him. In January 2015, Reed went into his house, retrieved a firearm, and brandished that weapon while threatening to kill his neighbor and those gathered with him. When the police responded, they recovered a Smith and Wesson .38 caliber revolver from Reed. At the time of the offense, Reed had multiple prior felony drug-trafficking convictions and was therefore prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Daytona Beach Police Department. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, 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.
Pinellas County Doctor Arrested and Charged with Multiple Offenses Related to Writing Prescriptions for Compounded MedicationsRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Dr. Anthony Baldizzi (52, Tierra Verde) with one count of conspiracy to defraud the United States, twenty-one counts of health care fraud, one count of money laundering, one count of making a false statement, and one count of receiving illegal kickbacks. The health care fraud and money laundering counts each carry a maximum penalty of 10 years in federal prison. The remaining counts each carry a maximum penalty of five years. The indictment also notifies Baldizzi that the United States is seeking a money judgment in the amount of at least $5.3 million as proceeds of the conspiracy and health care fraud offenses and forfeiture of a 2015 BMW M3, which is alleged as property traceable to proceeds of the charged conduct.
According to the indictment, Baldizzi is a licensed medical doctor who practices at an urgent care clinic in Pinellas County. In or around 2014, he entered into an agreement with the owners and operators of Lifecare Compounding Pharmacy to receive kickbacks for each prescription he wrote and directed to Lifecare for filling. Later, the principals of Lifecare introduced Baldizzi to the principals of Centurion Compounding, a marketing firm, and these parties entered into another kickback relationship whereby Baldizzi agreed to become a Centurion “in-network” doctor and write prescriptions for compounded creams marketed by Centurion and filled at Lifecare. In exchange, the principals of Lifecare and Centurion jointly paid Baldizzi a kickback of each paid claim, equal to approximately 10% of the after-cost amount of the payment. Many of these prescriptions were written for beneficiaries of TRICARE, a federal health care benefit program. Lifecare submitted to TRICARE claims for prescriptions written by Baldizzi, pursuant to their illegal kickback agreement, totaling approximately $5.3 million. Lifecare also submitted to Medicare claims for prescriptions written by Baldizzi, pursuant to their illegal kickback agreement, totaling approximately $71,312.41.
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, the Defense Criminal Investigative Service, the Department of Health and Human Services Office of Inspector General, and the Drug Enforcement Administration. It will be prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Media Advisory: Press Conference Follow Sentencing Hearing TomorrowRead the Press Release
WHO: United States Attorney A. Lee Bentley, III
Special Agent in Charge Michelle S. Klimt
Federal Bureau of Investigation, Jacksonville Division
United States Marshal William B. Berger, Sr.
Undersheriff Pat Ivey, Jacksonville Sheriff’s Office
Investigative Agencies
Baker County Sheriff’s Office
Bethune-Cookman University Department of Public Safety
Bureau of Alcohol, Tobacco, Firearms and Explosives
Clay County Sheriff’s Office
Daytona Beach Police Department
Florida Department of Law Enforcement
St. Johns County Sheriff’s Office
State Attorney’s Office, 4th Judicial Circuit
State Attorney’s Office, 7th Judicial Circuit
U.S. Probation
WHAT: Press Conference
Press conference following the sentencing of Aaron M. Richardson. In March 2016, a federal jury found Richardson guilty of attempting to assassinate United States District Judge Timothy Corrigan as well as multiple federal firearm offenses. The sentencing hearing is set for Friday, June 24, 2016, before United States District Judge L. Scott Coogler at 9:00 a.m. in courtroom 12A. The press conference is scheduled to begin at 11:00 a.m. in the jury assembly room on the 1st floor of the courthouse.
WHEN:
FRIDAY, JUNE 24, 2016
11:00 A.M. EST (Following 9:00 A.M. sentencing hearing)
WHERE:
Bryan Simpson U.S. Courthouse
300 North Hogan Street
Jury Assembly Room (1st Floor)
Jacksonville, Florida 32202
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (such as a driver’s license). Media may begin arriving for the 11:00 press conference at 10:15 A.M. There will be evidence on display for photo ops.
Please RSVP to [email protected] by 5:00 p.m. today.
Individuals attending the 9:00 A.M. sentencing hearing will not be permitted to bring any electronic media into the courtroom. All electronic equipment must be kept in the jury assembly room. Please arrive by 8:15 A.M. to allow time to clear security and store equipment prior to the hearing.
West Palm Beach Man Sentenced for Illegally Transporting Undocumented AliensRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Yohany Hernandez-Hernandez (38, West Palm Beach) to three years in federal prison for illegally transporting undocumented aliens. A federal jury found him guilty in March 2016.
According to evidence presented at trial, on May 7, 2015, Hernandez-Hernandez was stopped by deputies from the Lee County Sheriff’s Office for committing a traffic infraction on I-75. During the traffic stop, the deputies became aware that he was transporting six undocumented aliens. Law enforcement later learned that Hernandez-Hernandez and the undocumented aliens had travelled from a safe house in Houston, Texas to Lee County. They had driven for approximately 22 hours, with limited stops, in an attempt to avoid being detected by immigration officials. The investigation further revealed that two other undocumented aliens had previously been dropped off in other parts of Florida. The aliens had been transported to further their stay in the United States and for Hernandez-Hernandez’s financial gain.
This case was investigated by the Lee County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Michael C. Baggé-Hernández.
Tampa Man Pleads Guilty to Role in Stolen Identity Tax Refund SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Cedric Clark (35, Tampa) has pleaded guilty to one count of mail fraud, one count of conspiracy, and one count of aggravated identity theft. He faces a maximum penalty of 20 years in federal prison on the mail fraud count, up to 5 years’ imprisonment on the conspiracy count, and a mandatory consecutive term of 2 years for the aggravated identity theft charge.
According to the plea agreement, between October 2010 and June 2013, Clark engaged in a fraud scheme with individuals who had obtained the Personal Identification Information (PII) of more than 1,158 individuals and then had filed false and fraudulent income tax returns in their names, seeking large tax refunds. Clark controlled a post office box where many of the refund checks were mailed. He also controlled numerous bank accounts at various financial institutions where the IRS had wired the tax refunds requested in those fraudulent tax returns. The IRS paid a total of $637,621.62 to accounts that Clark controlled. The scheme involved the filing of many more returns that the IRS did not accept.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, and the U.S. Postal Inspection Service. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Fifteen Charged in Middle District as Part of Largest National Health Care Fraud Takedown in HistoryRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III, Attorney General Loretta E. Lynch, and Department of Health and Human Services (HHS) Secretary Sylvia Mathews Burwell announced today an unprecedented nationwide sweep led by the Medicare Fraud Strike Force in 36 federal districts, resulting in criminal and civil charges against 301 individuals, including 61 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $900 million in false billings. Twenty-three state Medicaid Fraud Control Units also participated in today’s arrests. In addition, the HHS Centers for Medicare & Medicaid Services (CMS) is suspending payment to a number of providers using its suspension authority provided in the Affordable Care Act. This coordinated takedown is the largest in history, both in terms of the number of defendants charged and loss amount.
“As this takedown should make clear, health care fraud is not an abstract violation or benign offense – It is a serious crime,” said Attorney General Loretta Lynch. “The wrongdoers that we pursue in these operations seek to use public funds for private enrichment. They target real people – many of them in need of significant medical care. They promise effective cures and therapies, but they provide none. Above all, they abuse basic bonds of trust – between doctor and patient; between pharmacist and doctor; between taxpayer and government – and pervert them to their own ends. The Department of Justice is determined to continue working to ensure that the American people know that their health care system works for them – and them alone.”
“Protecting our nation’s health care programs is a top priority of our Office,” said U.S. Attorney Bentley. “We are committed to prosecuting all those who submit false claims to these important programs, whether they be health care providers or dishonest individuals seeking benefits to which they are not entitled. Every tax dollar appropriated by Congress for health care should be spent on deserving patients in need.”
In the Middle District of Florida, 15 individuals were charged with participating in a variety of schemes, including compound pharmacy fraud and intravenous prescription drug fraud involving millions in fraudulent billing. Among those charged are business owners, a registered nurse, a pharmacist, and a physician’s assistant.
“Health care providers and patients are key to protecting the Medicare and Medicaid programs, but when they instead choose to commit fraud or to lie in order to obtain government benefits they are not entitled to, they steal precious tax dollars and corrupt the integrity of our health care system,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health & Human Services Office of Inspector General (HHS OIG). "This takedown reflects the dedication of OIG and our law enforcement partners to bring such fraudsters to justice."
“The Social Security Office of the Inspector General is committed to pursuing those who violate the public’s trust by stealing SSA benefits. We are pleased with the aggressive action by the U.S. Attorney’s Office and our law enforcement partners’ joint efforts in identifying and prosecuting those who commit fraud, as one of our many efforts to protect the integrity of Social Security and Medicare programs for those who rely on them now and into the future,” stated Special Agent-in-Charge Margaret Moore-Jackson, SSA/Office of the Inspector General.
"These arrests highlight the 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-Tricare," said Special Agent in Charge John F. Khin, Southeast Field Office. "DCIS aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees."
“Despite recent challenging events occurring in our territory, FBI Tampa remained devoted to dedicating resources to the National Health Care Fraud initiative,” stated FBI Special Agent in Charge Paul Wysopal. “Agents will continue to identify and investigate individuals who seek to personally benefit from the medical needs of a very vulnerable population.”
The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations and since its inception in March 2007 has charged over 2,900 defendants who collectively have falsely billed the Medicare program for over $8.9 billion.
Including today’s enforcement actions, nearly 1,200 individuals have been charged in national takedown operations, which have involved more than $3.4 billion in fraudulent billings. Today’s announcement marks the second time that districts outside of Strike Force locations participated in a national takedown, and they accounted for 82 defendants charged in this takedown.
The cases announced today are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section, and agents from the FBI, HHS-OIG, Drug Enforcement Administration, DCIS, SSA-OIG, and state Medicaid Fraud Control Units.
A complaint or indictment is merely a charge, and all defendants are presumed innocent unless and until proven guilty.
Middle District of Florida Cases
Yosbel Marimon (39, Winter Park), owner of several Orlando-area infusion clinics, was indicted on one charge of conspiracy to commit health care fraud and wire fraud, six counts of health care fraud, and one count of conspiracy to commit money laundering. The charges stem from her role in a scheme to defraud Medicare by billing for more than $11.1 million in expensive intravenous prescription drugs that the clinics never purchased, never administered, and were not medically necessary. As a result of the scheme, Medicare paid over $8.6 million in fraudulent claims.
Greggory Jackson (40, Eagle Lake), Dustin “Drey” Chennells (40. Mount Dora), Michael Ayotunde (53, Ocala), Tashima Kenny (32, Davenport), Iris Ayala (54, Clermont), and Nalita Rajkumar (28, Lake Park) were indicted on a charge of conspiracy to commit health care fraud and wire fraud. Jackson also was indicted on two charges of receiving illegal kickbacks, two charges of paying illegal kickbacks, and two counts of money laundering. Kenny was also indicted on one count of money laundering. Jackson, Chennells, Kenny, and others managed and operated a telemarketing call center known as DMA Logistics d/b/a Nation Wide Meds located inside Life Worth Living Pharmacy. Ayotunde, a licensed pharmacist, is the owner and operator of Life Worth Living Pharmacy. Ayala is a licensed physician, and Rajkumar is a licensed physician assistant. The charges stem from these individuals’ roles in a compounding pharmacy fraud scheme that victimized the TRICARE program. Based on false and fraudulent claims, TRICARE made more than $5.7 million in reimbursement payments to Life Worth Living Pharmacy.
Belinda Jalloh (60, New Port Richey), a registered nurse, has been charged with one count of theft of government services stemming from her violation of an order from the Department of Health and Human Services excluding her from participating in the Medicare program. The order prohibited her from treating Medicare beneficiaries. Despite the exclusion, she applied for, and obtained, employment at a facility that billed Medicare for her treatment of Medicare beneficiaries.
Robert Lee Lanier (57, Jacksonville) has been charged with one count of theft of government property and one count of making a false statement. Lanier provided false information regarding his employment to the Social Security Administration. Between 2007 and January 2016, Lanier collected more than $236,682 in Social Security and Medicare benefits to which he was not entitled.
Maria Lugo (65, Marion County) was indicted for theft of government funds stemming from her concealment of her living arrangements while simultaneously collecting disability benefit payments from the Social Security Administration. Lugo falsely claimed a separation from her husband, whose income rendered her ineligible to receive disability benefits and Medicaid. From June 2000 through May 2016, Lugo obtained $118,346.12 in SSA benefit payments and $99,483.62 in Medicaid utilization that she was not entitled to receive.
Janice and Thurman Hammock (66 and 62, Citrus County) were indicted for theft of government funds stemming from their concealment of their living arrangements while Janice Hammock collected disability benefit payments from the Social Security Administration. Both spouses falsely claimed to be separated from one another, causing the wife to receive substantially more federal benefits than otherwise permitted. She illegally obtained $75,048.89 in SSA benefit payments and $101,465.07 in Medicaid utilization from January 2004 through May 2016.
Louis William Rimondi, IV (47, Marco Island) was indicted on two charges of theft of government money stemming from his alleged concealment from the Social Security Administration and Medicare of his return to gainful employment while continuing to collect disability benefits and Medicare benefits. From January 2010 through February 2016, Rimondi fraudulently collected $101,466 in SSA disability benefits to which he was not entitled. From January 2011 through February 2016, he also fraudulently received $20,467 in Medicare benefits to which he was not entitled.
Douglas Thompson (51, Jacksonville) was indicted on one count of theft of government property, one count of making a false statement, and three counts of wire fraud stemming from his role in a scheme to fraudulently receive approximately $108,834 in benefits under the Federal Medicaid Health Care Benefit Program and the Supplemental Security Income Program. For more than five years, Thompson collected benefits by falsely claiming he was unemployed and had no income when, in fact, he operated a business, Douglas Thompson Industries Inc. (or DTI Inc.), which brokered the sale of trucking equipment. When questioned about DTI Inc., Thompson provided a written statement to the Social Security Administration that falsely stated that he had never heard of DTI Inc. and was not working.
Craig DeMange, Sr. (62, Oviedo) was indicted on one count of making a false statement to the Social Security Administration concerning his employment, which hindered the agency’s efforts to determine his continued eligibility for disability benefits. As a result of DeMange’s false statement, he defrauded the SSA and the United States Department of Health and Human Services of approximately $25,000 in disability and Medicare benefits.
These cases will be prosecuted by Middle District of Florida Assistant United States Attorneys Yolande G. Viacava, Emily C.L. Chang, William S. Hamilton, Michael J. Coolican, Mac Heavener, and Department of Justice Trial Attorneys Timothy Loper and Christopher Hunter of the Criminal Division’s Fraud Section.
Maximum Penalties per charge:
Theft of Government Money: 10 years in federal prison.
Conspiracy to Commit Healthcare Fraud and Fraud: 20 years in federal prison.
Healthcare Fraud: 10 years in federal prison.
Conspiracy to Commit Money Laundering: 20 years in federal prison.
Money Laundering: 10 years in federal prison.
False Statement: 5 years in federal prison.
Wire Fraud: 20 years in federal prison.
Disbarred Atlantic Beach Attorney Sentenced for EmbezzlementRead the Press Release
Jacksonville, Florida – Senior United States District Judge Henry Lee Adams, Jr. has sentenced William Reid Penuel (38, Ponte Vedra Beach) to six months in federal prison, followed by three years of supervised release, for embezzlement from a bankruptcy estate. While on supervised release, Penuel must serve six months of home detention, and participate in ongoing drug testing and treatment. He was also ordered to pay $151,239 in restitution.
On March 15, 2016, Penuel pleaded guilty to embezzlement. According to the Florida Bar, in April 2016, he was disbarred from practicing law.
According to court records, between March 2015 and July 2015, Penuel was serving as the Chapter 7 Trustee in a pending business bankruptcy case in Tallahassee when he embezzled estate funds held in a bank account in Duval County. At the time, he was a licensed attorney whose office was located in Atlantic Beach. After becoming the Chapter 7 Trustee for the debtor, Penuel assumed responsibility for approximately $909,000 in estate funds, which he deposited into his bank account. Penuel began diverting estate funds, which had been authorized by the bankruptcy court to pay certain expenses, to his own use. As the authorized signor on the estate bank account, Penuel made withdrawals and then re-deposited the monies into other accounts that he controlled. Once the funds were placed into his operating account, Penuel withdrew the funds. The scheme involved approximately 20 withdrawals from the estate bank account, totaling approximately $151,239.
This case was investigated by the Federal Bureau of Investigation - Jacksonville Office. It was prosecuted by Assistant United States Attorney Dale Campion.
Arsonist of BLC Automotive Sentenced to More Than 5 Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Steven Villareal (30, Jacksonville) to five years and three months in federal prison for the arson of BLC Automotive on Blanding Boulevard. He was also ordered to pay BLC Automotive restitution in the amount of $30,000. Villareal pleaded guilty on February 29, 2016.
According to court documents, on February 17, 2014, Villareal entered BLC Automotive at approximately 3:00 a.m. Once inside, he used an acetylene torch to cut into a safe from which he stole a large sum of cash. He then used an accelerant to start a fire inside the business. An officer from the Jacksonville Sheriff’s Office saw the fire and alerted the Jacksonville Fire and Rescue Department, who responded quickly and extinguished the fire. The interior of BLC Automotive was badly damaged, but the structure survived the fire.
This case was investigated by the Jacksonville Sheriff’s Office, the State Fire Marshal, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Frank Talbot.
Florida Man Pleads Guilty to Sex Trafficking and Interstate ProstitutionRead the Press Release
The Justice Department announced today that Abdullah Hamidullah, 42, of Ft. Lauderdale, Florida, pleaded guilty in the U.S. District Court of the Middle District of Florida to one count of sex trafficking by force, fraud or coercion; two counts of enticing a person to travel in interstate commerce for prostitution and one count of interstate transportation for prostitution. On Feb. 10, 2016, a grand jury in the Middle District of Florida returned an indictment charging Hamidullah with five counts of sex trafficking and related violations.
According to admissions in his plea agreement, Hamidullah compelled an 18-year-old woman to prostitute for his profit. After enticing the victim to travel to Florida under false pretenses, he forced her to have sex with multiple customers a day over a period of several months and provide him the proceeds. Hamidullah isolated her in his apartment, took away her money and phone and installed an alarm without providing her the code. He also assaulted her, showed her his handgun and branded her with a tattoo.
“Hamidullah preyed on a vulnerable young woman and cruelly exploited her for his profit,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “We will continue to aggressively enforce our human trafficking laws to restore the rights, freedom and dignity of victims of modern-day slavery.”
“Rescuing human trafficking victims and bringing the criminals who enslave them to justice is a top priority for special agents with Homeland Security Investigations,” said Special Agent in Charge Susan L. McCormick of HSI Tampa. “HSI will continue to work with our local, state, federal and international law enforcement partners to identify and prosecute human traffickers.”
“As a multi-agency task force, the Metropolitan Bureau of Investigation participates with its local, state and federal partners to bring human traffickers to justice and seek restoration for victims of this terrible crime,” said Director Ron Stucker of the Metropolitan Bureau of Investigation. “The investigation and prosecution of Abdullah Hamidullah is another example of close cooperation between local and federal authorities to protect the community.”
Hamidullah faces a maximum sentence of life in prison. Sentencing has been scheduled for Sept. 15, 2016. As part of his plea agreement, Hamidullah agreed to pay restitution to six women identified as victims of his sex trafficking scheme.
This case was investigated jointly by the Department of Homeland Security’s Homeland Security Investigations’ Orlando Field Office and Orlando’s Metropolitan Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Ilianys Rivera of the Middle District of Florida and Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Colombian Man Sentenced More Than 17 Years in Prison for International Cocaine Distribution ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara today sentenced Anderson Bryan Lever (39, Colombia, South America) to 17 years and 6 months in federal prison for conspiring with others to distribute five kilograms or more of cocaine, onboard vessels subject to the jurisdiction of the United States.
According to court documents and information presented at sentencing, between 2009 and 2013, Lever worked with his co-defendant and others to smuggle cocaine. Lever repeatedly dispatched vessels carrying between 550 and 1,000 kilograms of cocaine from San Andres Island, Colombia. On each occasion, He recruited and paid at least four mariners per vessel.
Lever’s co-conspirators received cocaine shipments in Honduras, then provided bales of United States currency (containing as much as $500,000 each) to the mariners who had just smuggled the cocaine. The mariners then smuggled the money back to Lever in Colombia. In total, the mariners successfully smuggled more than 10,000 kilograms of cocaine.
Lever was previously convicted for importing cocaine in Guerrero, Mexico. In September 2001, he was sentenced to more than 13 years’ imprisonment in Mexico, but escaped and fled to Colombia in November 2002. He was arrested in Colombia and subsequently extradited to the United States in November 2015.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation, comprised of agents and analysts from the Federal Bureau of Investigation, Homeland Security Investigations, the Drug Enforcement Administration, 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.
This case was prosecuted by Assistant United States Attorney Christopher F. Murray. The Department of Justice, Office of International Affairs, assisted with Lever’s extradition.
Orlando Man Indicted for Producing and Possessing Child PornographyRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Jorge Guerrero-Torres (28, Orlando) with possession of child pornography and production of child pornography. If convicted, he faces a maximum penalty of 20 years in federal prison on the possession charge, and minimum mandatory sentence of 15 years, up to 30 years, in federal prison on the production charge. Guerrero-Torres was arrested and made his initial appearance in federal court on June 6, 2016, in Fort Myers. He remains detained pending further proceedings
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 the Lee County Sheriff’s Office, the Florida Department of Law Enforcement, and the Federal Bureau of Investigation. It will be prosecuted by Chief Assistant United States Attorney Jesus M. Casas and Assistant United States Attorney Charles Schmitz.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Loan Processor Indicted in Mortgage Fraud SchemeRead the Press Release
Tampa, Florida - United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Mayory Calvo (34, Doral) with one count of mortgage fraud conspiracy, two counts of bank fraud, and one count of loan and credit application fraud. If convicted, she faces a maximum penalty of 30 years in federal prison on each charge. The indictment also notifies Calvo that the United States is seeking a money judgment for the proceeds of the charged offenses.
According to the indictment and court proceedings, Calvo, who worked at Elite Mortgage Funding, participated in a mortgage fraud conspiracy where some conspirators entered into agreements to purchase properties for amounts in excess of the original asking price. The conspirators then inserted false and fraudulent information on mortgage loan applications, or Fannie Mae Form 1003s, that were submitted in support of the loan requests.
An indictment is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Trezevant.
Federal Jury Convicts Two Orlando Men of Timeshare Resale FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Eugene Warren Brewington (34, Orlando) and Chima Edozie Aligwekwe (33, Orlando) guilty of conspiracy to commit mail fraud and wire fraud. Brewington was also convicted of 4 counts of wire fraud and 11 counts of mail fraud. Aligwekwe was convicted of one count of mail fraud. Each faces a maximum penalty of 20 years in federal prison for each count and will be required to pay restitution to their victims. The sentencing hearing has been scheduled for August 25, 2016. Brewington and Aligwekwe were indicted on December 2, 2015.
According to testimony and evidence presented at trial, Brewington founded and operated two companies in Orlando, “Timeshare Title Services LLC” and “United Clearing Solutions LLC.” Representatives of the two companies, known as “callers,” made unsolicited phone calls to timeshare owners throughout the country and falsely claimed that a buyer existed for their timeshares. The timeshare owners were told that buyers had deposited money into an escrow account for the purchase of their timeshares, and they received documents from the companies that appeared to be legitimate timeshare sales contracts. Ultimately, the timeshare owners were told to send advance fees to the companies to finalize the sales. Numerous timeshare owners made the advance fee payments to the companies but received no services and their timeshares were never sold. Brewington managed the bank accounts where the advance fees were deposited and had rented the office spaces from where the “callers” executed the scheme. Aligwekwe provided customer lead information for the timeshare owners and managed a team of “callers” for one of the companies. In a three month period, more than $500,000 in timeshare owner payments were deposited into bank accounts for the two companies. Brewington, Aligwekwe, and others associated with the companies used these funds to enrich themselves.
This case was investigated by the United States Postal Inspection Service and the Orange County Sheriff’s Office, with assistance from the United States Secret Service. It is being prosecuted by Assistant United States Attorneys Andrew C. Searle and Kara M. Wick.
U.S. Attorney A. Lee Bentley, III Statement on Orlando Terrorist AttackRead the Press Release
I would like to thank the men and women from our state and local agencies who continue to work tirelessly following this tragic attack. The U.S. Attorney’s Office for the Middle District of Florida, along with the Department of Justice, including the FBI, the ATF, and the National Security Division fully supports the ongoing investigation. Our thoughts and prayers remain with the victims’ families during this very difficult time.
No additional information is available at this time.
Tampa Man Sentenced for Tax FraudRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Frazier Williams, Jr. to three years in federal prison for willfully aiding and assisting in the preparation of a tax return that he knew to be false and fraudulent. The Court also ordered him to pay restitution to the Internal Revenue Service in the amount of $2,974,000. A federal jury found Williams guilty on January 16, 2016.
According to the evidence presented at trial, Williams, an officer of Aztech Energy Corporation, assisted in the preparation of a federal corporate income tax return for Aztech that fraudulently inflated the amount of fuel tax credits the corporation was entitled to by more than $2 million.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Bob Mosakowski.
North Port Man Pleads Guilty to Possession of Unauthorized Access DevicesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Michael Wesley (40, North Port) has pleaded guilty to two counts of possession of unauthorized access devices. He faces a maximum penalty of 10 years in federal prison on each count.
According to the plea agreement, between November 2011 and May 2014, Wesley was engaged in a fraud scheme in which he would obtain checks that had been written by victim bank account holders and stolen from United States Postal Service mailboxes. Wesley would then use the personal information printed on these stolen checks to cash, at the victim’s own bank, worthless checks made payable to the victim but had been written on closed accounts from other banking institutions. In this manner, Wesley frequently obtained cash from federally insured financial institutions. On multiple occasions, and at different locations over several years, ranging from Lee, Manatee, and Hillsborough Counties, Florida law enforcement officers found Wesley to be in possession of numerous such checks and theft paraphernalia. Each check was an unauthorized access device containing the account holder’s personal information, bank account, and routing numbers. None of the victim account holders had authorized Wesley to possess or use those checks.
This case was investigated by the United States Postal Inspection Service, with assistance from the Sheriff’s Offices in Hillsborough, Pinellas, Manatee, Seminole, and County, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Former Fugitive Sentenced to Prison for Florida Multimillion-Dollar Health Care Fraud SchemeRead the Press Release
A Cuban national was sentenced to 37 months in prison today for his role in a multimillion-dollar health care fraud scheme in the greater Tampa, Florida, area.
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 Paul Wysopal of the FBI’s Tampa Field Office and 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 made the announcement.
Ubert Guillermo Rodriguez, aka Ubert Guillermo Rodriguez Sigler, 47, pleaded guilty to conspiracy to commit health care fraud in March 2016. Rodriguez had been a fugitive following his indictment in 2013 until his arrest in October 2015. U.S. District Judge James D. Whittemore of the Middle District of Florida imposed today’s sentence and also ordered Rodriguez to pay $918,402 in restitution and to forfeit the same amount.
Rodriguez was the president and owner of G.R. Services Equipment & Supplies Inc., a Largo, Florida, company that purported to provide durable medical equipment to Medicare beneficiaries. Rodriguez admitted that from May 2013 through July 2013, his company submitted approximately $2,579,695 in false and fraudulent claims to Medicare seeking reimbursement for durable medical equipment not legitimately prescribed by doctors and not provided to beneficiaries. For example, Rodriguez’s company sought reimbursement for thousands of dollars of negative pressure wound therapy electrical pumps and sterile collagen dressings purportedly provided to Medicare beneficiaries in May and June 2013 that were not, in fact, legitimately prescribed by doctors or provided to beneficiaries. Federal law enforcement agents previously executed a seizure warrant on Rodriguez’s company’s bank account, resulting in the seizure of approximately $243,339 in proceeds of the health care fraud scheme.
HHS-OIG and the 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 the U.S. Attorney’s Office of the Middle District of Florida. Fraud Section Senior Trial Attorney Christopher J. Hunter prosecuted the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and 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 Team (HEAT), go to www.stopmedicarefraud.gov.
Orlando Woman Pleads Guilty to Acting as Illegal Agent of Foreign Government and Conspiring to Commit Money LaunderingRead the Press Release
Orlando, FL – Amin Yu, 54, of Orlando, Florida, pleaded guilty today to acting in the United States as an illegal agent of a foreign government without prior notification to the Attorney General and conspiring to commit international money laundering.
The plea agreement was announced by U.S. Attorney A. Lee Bentley III of the Middle District of Florida and Assistant Attorney General for National Security John P. Carlin.
“Amin Yu made hundreds of thousands of dollars by acting covertly in Orlando on behalf of the Chinese government and by skirting U.S. export laws and regulations,” said U.S. Attorney Bentley. “The enforcement of U.S. laws and regulations related to the national security of the United States remains a top priority for our office.”
“Amin Yu admitted to secretly serving as an agent of the Chinese government,” said Assistant Attorney General Carlin. “Yu obtained and illegally exported items and technology related to marine submersible vehicles at the direction and control of a state-owned entity in China. Protecting our national assets by disrupting efforts by foreign governments to steal sensitive equipment and technology will continue to be a high priority of the National Security Division.”
According to the plea agreement, from at least 2002 until February 2014, at the direction of co-conspirators working for Harbin Engineering University (HEU), a state-owned entity in the People’s Republic of China, Yu obtained systems and components for marine submersible vehicles from companies in the United States. She then illegally exported those items to the PRC for use by her co-conspirators in the development of marine submersible vehicles – unmanned underwater vehicles, remotely operated vehicles and autonomous underwater vehicles – for HEU and other state-controlled entities. Yu illegally exported items by failing to file electronic export information (EEI), as required by U.S. law, and by filing false EEI. In particular, Yu completed and caused the completion of export-related documents in which she significantly undervalued the items that she had exported and provided false end user information for those items.
Yu faces a maximum penalty of 10 years in prison for acting as an illegal agent of a foreign government and up to 20 years in prison for conspiring to commit money laundering. A sentencing hearing has not yet been scheduled.
This case was investigated by the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Internal Revenue Service-Criminal Investigation and the Naval Criminal Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Daniel C. Irick of the Middle District of Florida and Trial Attorneys David C. Recker and Thea D. R. Kendler of the National Security Division’s Counterintelligence and Export Control Section.
Nassau County Man Pleads Guilty to Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, FL – United States Attorney A. Lee Bentley, III announces that Clement Ashford Reeves, Jr. (73, Yulee) has pleaded guilty to receiving child pornography over the Internet. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison and a potential life term of supervision. A sentencing date has not yet been set.
According to court documents, an agent with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations began an undercover operation to identify persons using the Internet to receive and share child pornography. The agent learned that a host computer in Florida had been sharing child pornography since December 15, 2011. That computer was traced to Reeves’s residence.
On June 3, 2015, agents met with Reeves at his home. During an interview, Reeves stated that he had downloaded depictions of prepubescent children, but that his preference was for young girls. He also said that he had been using the file sharing program for 10-15 years. Agents seized several computer devices that contained 22 videos depicting young children being sexually abused.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. 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.
Florida Woman Pleads Guilty to Acting as Illegal Agent of Foreign Government and Conspiring to Commit Money LaunderingRead the Press Release
Amin Yu, 54, of Orlando, Florida, pleaded guilty today to acting in the United States as an illegal agent of a foreign government without prior notification to the Attorney General and conspiring to commit international money laundering.
The plea agreement was announced by Assistant Attorney General for National Security John P. Carlin and U.S. Attorney A. Lee Bentley III of the Middle District of Florida.
“Amin Yu admitted to secretly serving as an agent of the Chinese government,” said Assistant Attorney General Carlin. “Yu obtained and illegally exported items and technology related to marine submersible vehicles at the direction and control of a state-owned entity in China. Protecting our national assets by disrupting efforts by foreign governments to steal sensitive equipment and technology will continue to be a high priority of the National Security Division.”
“Amin Yu made hundreds of thousands of dollars by acting covertly in Orlando on behalf of the Chinese government and by skirting U.S. export laws and regulations,” said U.S. Attorney Bentley. “The enforcement of U.S. laws and regulations related to the national security of the United States remains a top priority for our office.”
According to the plea agreement, from at least 2002 until February 2014, at the direction of co-conspirators working for Harbin Engineering University (HEU), a state-owned entity in the People’s Republic of China, Yu obtained systems and components for marine submersible vehicles from companies in the United States. She then illegally exported those items to the PRC for use by her co-conspirators in the development of marine submersible vehicles – unmanned underwater vehicles, remotely operated vehicles and autonomous underwater vehicles – for HEU and other state-controlled entities. Yu illegally exported items by failing to file electronic export information (EEI), as required by U.S. law, and by filing false EEI. In particular, Yu completed and caused the completion of export-related documents in which she significantly undervalued the items that she had exported and provided false end user information for those items.
Yu faces a maximum penalty of 10 years in prison for acting as an illegal agent of a foreign government and up to 20 years in prison for conspiring to commit money laundering. A sentencing hearing is scheduled for Aug. 29, 2016.
This case was investigated by the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Internal Revenue Service-Criminal Investigation and the Naval Criminal Investigative Service. The case is being prosecuted by Assistant U.S. Attorney Daniel C. Irick of the Middle District of Florida and Trial Attorneys David C. Recker and Thea D. R. Kendler of the National Security Division’s Counterintelligence and Export Control Section.
Yu Plea Agreement
Green Cove Springs Man Pleads Guilty to Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that James Donald Jacola (53, Green Cove Springs) has pleaded guilty in Jacksonville to receiving child pornography over the Internet. He faces a mandatory minimum penalty of not less than 5 years, up to 20 years, in federal prison and a potential life term of supervision. A sentencing hearing has not yet been set.
According to court documents, FBI agents began an online undercover investigation to identify individuals who were using a particular website to access and receive images and videos depicting child pornography over the Internet. The agents determined that Jacola had accessed this website using a particular Internet Protocol (IP) address. Further investigation with the Internet service provider traced the subscriber information to Jacola’s residence in Green Cove Springs, Florida.
On March 10, 2016, law enforcement executed a federal search warrant at Jacola’s residence and seized two computers. Subsequent forensic analyses of the items revealed that Jacola’s computers contained three videos and at least 784 images depicting child pornography. One of the videos had been downloaded the night before the execution of the search warrant and depicted a toddler being sexually abused. Jacola knowingly downloaded the images and videos of child pornography contained on his computer media over the Internet.
This case was investigated by the Federal Bureau of Investigation and the Clay County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orlando Man Arrested for Possessing Child PornographyRead the Press Release
Fort Myers, FL – United States Attorney A. Lee Bentley, III announces the arrest and filing of criminal complaint charging Jorge Guerrero-Torres (28, Orlando) with possessing child pornography. If convicted, he faces a maximum penalty of 20 years in federal prison. Guerrero-Torres made his initial appearance in federal court on June 6, 2016, in Fort Myers. He remains detained pending further proceedings. A preliminary hearing is scheduled for June 20, 2016, at 1:30 p.m., before U.S. Magistrate Judge Mac R. McCoy.
According to the complaint, on May 29, 2016, the Lee County Sheriff’s Office responded to a call regarding a missing child. During the ensuing investigation, officers learned that Guerrero-Torres had resided at that home for several months, and had recently moved out. Law enforcement officers contacted Guerrero-Torres, who provided a statement regarding his whereabouts on the day of the child's disappearance. Investigators later obtained a search warrant for the recovery of records related to Guerrero-Torres’ cellphone, including historical geographical tracking data. The phone, abandoned by Guerrero-Torres, was ultimately recovered by law enforcement and a forensic examination of the device revealed multiple images of child pornography.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Lee County Sheriff’s Office, the Federal Bureau of Investigation and the Florida Department of Law Enforcement. It will be prosecuted by Assistant United States Attorney Jesus M. Casas.
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.
South Tampa Man Sentenced to More Than Twelve Years for Gun PossessionRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington has sentenced Vanshawn A. Haggins (28, Tampa) to 12 years and 7 months in federal prison for being a felon in possession of a firearm. He pleaded guilty on March 4, 2016.
According to court documents, law enforcement identified Haggins and his associates as convicted felons who were in possession of firearms. Many of the firearms Haggins and his roommate, Christopher Balfrey, possessed had been stolen from residences in the South Tampa area. On multiple occasions, law enforcement officers met with Haggins and Balfrey, where they purchased drugs and stolen firearms from them. While executing a federal search warrant at their residence, law enforcement seized three firearms, ammunition, powder cocaine, marijuana, and $2,636 in cash.
As a previously convicted felon, Haggins is prohibited from possessing firearms or ammunition under federal law.
Balfrey previously pleaded guilty to narcotics and firearms offenses. He was sentenced on May 27, 2016, to 12 years and 7 months in federal prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Tampa Police Department as part of a Violent Crime Initiative. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
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 Regina Lombardo, 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.
Sarasota County Residents Charged with Possession of Grenades, Pipe Bombs, Drugs, Firearms, and AmmunitionRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the filing of indictments against Venice residents Steven M. Pace (24) and Katie Smith (24) for possessing destructive devices. Pace also was charged with possessing with the intent to distribute a Schedule I controlled substance (AB-fubinaca, a.k.a “Spice”) and possessing a firearm in furtherance of that drug trafficking crime. If convicted, each faces a maximum penalty of 10 years in federal prison for the destructive device charge. Pace also faces up to 20 years in federal prison for the drug charge and a mandatory minimum penalty of 5 years on the firearm offense. The indictments also notify Pace and Smith that the United States intends to forfeit any firearms and ammunition that are traceable to proceeds of the offenses.
According to court documents, in February 2016, Pace and Smith each possessed four destructive devices, specifically, two improvised pipe bombs and two improvised grenades that had not been registered to them in the National Firearms Registration and Transfer Record as required by law. Pace is also charged with possessing with intent to distribute approximately 280 grams or more of “Spice” and possessing a Glock and ammunition in furtherance of that crime.
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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sarasota County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kaitlin R. O’Donnell.
Winter Park Businessman Pleads Guilty to Federal Tax ChargeRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that William Bruce O’Donoghue (61, Winter Park) today pleaded guilty to failure to pay over federal employee payroll taxes. He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set. O’Donoghue was indicted on February 3, 2016.
According to court documents, O’Donoghue was the president and majority owner of Control Specialists, a traffic engineering company in Central Florida. As president and majority owner, O’Donoghue exercised control over the company’s business affairs, including approving all payments by the company and controlling all of the company’s bank accounts.
Throughout 2009 and 2010, O’Donoghue caused Control Specialists to withhold payroll taxes from its employees, but failed to pay over those withheld payroll taxes to the IRS. During that same time period, O’Donoghue caused Control Specialists to make thousands of dollars in expenditures for his personal benefit, including approximately $125,000 in cash payments to fund his campaign for Congress. The amount of payroll taxes withheld by Control Specialists and not paid over to the IRS during this period was $219,962.95.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu.
Tampa Man Sentenced to Four Years in Federal Prison for Credit Card FraudRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore today sentenced Kevin Wain (41, Tampa) to four years in federal prison for credit card fraud. The Court also ordered him to pay $585,028.99 to the approximately 48 affected financial institutions. Wain pleaded guilty on October 29, 2015.
According to court documents, from at least September 20, 2012, through and including the date of his arrest in June 2015, Wain engaged in a multi-state scheme to use counterfeit credit cards to buy high-end housewares, which he then sold on eBay for cash. Wain used stolen credit cards from numerous financial institutions, without the account holders’ knowledge or permission.
The investigation revealed that Wain had eBay and PayPal accounts listed in his name and address. Profits from the sales in these accounts were deposited into bank accounts in Wain’s own name. Since opening his account in May 2010, Wain has received approximately $881,143 in payments for selling items online.
The eBay records showed that on or about September 20, 2011, Wain purchased a MSR605 Magnetic Credit Card Reader/Writer, which can read and write magnetic striped cards and is typically used to encode and re-encode credit and debit card numbers onto counterfeit credit and debit cards.
Wain’s eBay sales transactions also showed the following:
a. From September 20, 2012, to February 15, 2015, he sold approximately 755 Vitamix blenders in various models for a total profit of $399,713.08;
b. From March 12, 2013, to February 18, 2015, he sold approximately 197 Roomba Robot vacuums in various models for a total profit of $91,141.25; and
c. From April 13, 2013, to June 1, 2013, he sold approximately 9 Dyson DC41 Animal vacuums for a total profit of $3,456.99.
Wain engaged in this credit card fraud scheme primarily near his home in the Tampa area, but also as far away as Texas and Illinois, primarily using stolen credit and debit card numbers to make purchases at Williams Sonoma. To date, investigators have identified more than $585,000 in purchases by Wain at Williams Sonoma and Bed Bath and Beyond alone, using counterfeit credit cards embedded with the stolen account information of over 125 identity theft victims.
This case was investigated by the United States Secret Service. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Former Tampa Resident Indicted for Fraudulent Mortgage Repayment SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Leigh Fiske (52) with two counts of bank fraud. If convicted, he faces a maximum penalty of 30 years in federal prison on each count.
According to the indictment, Fiske submitted two fraudulent financial instruments to the servicer and the bank trustee of a mortgage that he had used to finance the purchase of property in Tampa in 2005. The fraudulent instruments and accompanying documentation directed the financial institutions, both of which had received funds from the Treasury Department’s Troubled Asset Relief Program, to apply the face value of the instruments to his outstanding mortgage debt in separate attempts to extinguish that obligation. In truth, neither instrument had or conveyed anything of monetary value. The intended loss of the scheme was over $650,000.
In March 2016, Fiske was indicted in a separate fraud case for a scheme in which he allegedly funneled monies obtained from counterfeit or altered business checks through a trust account that he had created for a shell company he controlled. That case is pending trial.
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 Office of the Special Inspector General for the Troubled Asset Relief Program, the Federal Bureau of Investigation, and the Office of the Comptroller of the Currency. It will be prosecuted by Assistant United States Attorney Eric K. Gerard.
Brevard County Elementary School Principal Charged with Possession of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Ricky Delano Sheppard (59, Brevard County) was arrested and charged by criminal complaint today with possession of child pornography. If convicted, he faces up to 20 years in federal prison, and up to a lifetime of supervision. At the time of the incident, Sheppard was working as a principal at the Holland Spessard Elementary School, in Brevard County.
According to court records, on June 3, 2016, agents assigned to the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and Brevard County Sheriff’s Office task force executed a search warrant at Sheppard’s residence in Brevard County. During a forensic examination of Sheppard’s computer media, computer experts found hundreds of images of child pornography.
Sheppard made his initial appearance in federal court earlier today, in Orlando. He remains detained pending further proceedings. A preliminary and detention hearing has been scheduled for Wednesday, June 8, 2016, before U.S. Magistrate Judge Gregory J. Kelly.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with the assistance from the Brevard County Sheriff’s Office. 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.
Haines City Woman Indicted for $250,000 Social Security FraudRead the Press Release
Tampa, Florida– United States Attorney A. Lee Bentley, III announces the return of an indictment charging Tameka O’Hara ( 36, Haines City) with four counts of theft of government money, four counts of making false statements to or concealing material facts from the Social Security Administration, and one count of making a false statement to a federal agency. If convicted, she faces a maximum penalty of 10 years in federal prison for each count of theft of government money and up to 5 years’ imprisonment on each of the other counts. The indictment also notifies O’Hara that the United States intends to forfeit any monies and property that are traceable to proceeds of the offense.
According to the indictment, O’Hara concealed or lied about material facts concerning her household’s true composition, income, and assets, as well as the ownership of her residence, in an effort to maximize or maintain eligibility for Supplemental Security Income benefits for herself and other members of her household. The total loss to the federal government is alleged to exceed $250,000.
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 Office of the Inspector General for the Social Security Administration. It will be prosecuted by Assistant United States Attorney Eric K. Gerard.
California Mortgage Broker Pleads Guilty to Mortgage Fraud Conspiracy ChargesRead the Press Release
Tampa, Florida - United States Attorney A. Lee Bentley, III announces that Jason Martin (36, Orange County, CA) yesterday pleaded guilty to mortgage fraud conspiracy involving bank and wire fraud. He faces a maximum penalty of 30 years’ imprisonment. A sentencing date has not yet been set.
According to court documents, in 2005, entities controlled by co-conspirators entered into a contract to purchase The Arbors, an apartment complex in Hillsborough County, Florida. The new owners then engaged in a plan to convert the complex from rental apartments to condominium units. The co-conspirators engaged in a scheme to defraud mortgage lenders by developing a set of incentives, such as rental supplements, payment of homeowner’s association fees, and kickbacks to the buyers after closing. These buyer incentives were deliberately hidden from the lenders.
Martin’s role in the conspiracy, as a mortgage broker, involved originating mortgages through Envision Lending and Set 2 Go Loans. The loan applications submitted by Martin contained material misrepresentations, including false occupancy and inflated borrower income and asset information. These loan applications were submitted to FDIC insured institutions and other mortgage lenders. Additionally, through his company HUMAR Investments, Martin and his co-conspirator provided borrowers with cash to close without disclosing the payments to the lenders.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Hoffer.
Tampa Man Sentenced to 25 Years for Online Child ExploitationRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew has sentenced Andre Eugene Favreau (31, Tampa) to 25 years in federal prison for online enticement of a minor and transportation and receipt of child pornography. The Court also ordered him to forfeit the computers used in the crimes. Favreau pleaded guilty on January 27, 2016.
According to court documents and testimony, the investigation began in December 2014, when an undercover agent downloaded files from Favreau’s Internet Protocol (IP) address via an Internet peer-to-peer program. On May 14, 2015, FBI agents seized a desktop computer belonging to Favreau, which he admitted contained child pornography. A forensic review of the computer subsequently revealed that it contained at least 140 images and 85 videos of child pornography.
On July 17, 2015, law enforcement obtained federal search warrants for Favreau’s Samsung tablet and his Instagram account. Further investigation revealed that Favreau had used his Instagram account to send child pornography images to others, and that on April 8, 2015, he had used the account to communicate with an individual that he believed was under the age of 18 years old. Favreau intentionally attempted to persuade that minor to engage in sexual activity and produce images of the activity.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
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.
South Tampa Man Sentenced to More Than 12 Years for Gun and Drug ViolationsRead the Press Release
Tampa, FL – U.S. District Judge Steven D. Merryday today sentenced Christopher Bowen Balfrey (26, Tampa) to 12 years and 7 months in federal prison for drug conspiracy, being a felon in possession of a firearm, and possessing a firearm in furtherance of a drug trafficking crime. The Court also forfeited a 2006 Cadillac Deville, a traceable proceed of the offenses.
Balfrey pleaded guilty to the charges on February 8, 2016.
According to court documents, law enforcement identified Balfrey and his associates as convicted felons who were in possession of firearms. Many of the firearms Balfrey possessed were stolen from residences in the South Tampa area. Law enforcement met with Balfrey on multiple occasions, where they purchased drugs and stolen firearms from him. While executing a federal search warrant at Balfrey’s residence, law enforcement seized three firearms, powder cocaine, assorted ammunition, marijuana and $2,636.00 in cash.
As a previously convicted felon, Balfrey is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Tampa Police Department as part of a Violent Crime Initiative. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
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 Regina Lombardo, 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.
Georgia Man Arrested and Charged with Attempted Online Enticement of A Child to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Jeremy Lee Hughes (41, Brunswick, GA) has been arrested and charged by criminal complaint with using the Internet to attempt to entice a person he believed to be a minor to engage in sexual activity. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison. Hughes is currently in custody on related state charges.
According to the complaint, between April 1 and April 6, 2016, Hughes engaged in a series of online conversations with a person he believed to be a 14-year old girl. This "child" was actually an undercover officer from the St. Johns County Sheriff’s Office. During the conversations, Hughes described various types of sexual activity to the “child” and indicated his desire and intent to meet the “child” for sex at her residence. On April 6, 2016, Hughes drove from Jacksonville to a location in St. Johns to meet the “child” for sex and was arrested. During an interview, Hughes acknowledged texting with the “child” about engaging in graphic sexual acts.
According to the complaint, Hughes has outstanding arrest warrants for charges of aggravated child molestation and incest in Georgia.
This case was investigated by the St. Johns County Sheriff’s Office and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Patrick Air Force Base Staff Sergeant Sentenced to 10 Years for Attempted Enticement of A Minor for SexRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Air Force staff sergeant Thomas Allen Vaughn (34), who had previously been stationed at Patrick Air Force Base, to 10 years in federal prison for attempted enticement of a minor for sex. The Court also ordered Vaughn to forfeit a cell phone that he had used to commit the offense.
According to court documents, between October 23 and October 28, 2015, Vaughn communicated online with an undercover agent who was posing as the older brother of a 14-year-old girl, and indicated he was looking for a boyfriend for his sister. During online and phone conversations, Vaughn discussed his interest in engaging in sexual acts with the “girl.” Vaughn sent the “child” a photo of himself naked from the waist up and wrote directly to the “child” that a naked picture from her would be “hot.” He also requested that the “child” send him a “sexy” picture. Vaughn indicated that he wanted to meet the “child,” and asked her what street she lived on.
On October 28, 2015, Vaughn made plans to meet the “child” at 6:00 p.m. at her residence. The “child” advised that she was still at school and wouldn’t be at home at that time. Vaughn then drove to the school that he believed the “child” attended. He was arrested and had condoms in his possession.
This case was investigated by Air Force Office of Special Investigations in Tampa. It was prosecuted by Assistant United States Attorney Amanda C. Kaiser.
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.
Ocoee Man Found Guilty of Using Toddler to Produce Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Timothy Michael Sedlak (42, Ocoee) guilty of two counts of using a minor to produce child pornography and one count of possessing child pornography. He faces a maximum penalty of 30 years in federal prison on each production count and up to 10 years’ imprisonment on the possession count. The sentencing hearing has not yet been set. Sedlak was indicted on December 9, 2015.
According to evidence presented at trial, on two occasions, Sedlak took photographs of himself sexually abusing a small child. The first incident took place in September 2009, when the victim was a year old, and the second incident took place in April 2011, when the child was three. The images of Sedlak abusing the child were discovered when United States Secret Service agents executed a search warrant on Sedlak’s home as part of an unrelated computer intrusion investigation. In addition to the images of the victim, agents discovered hundreds of images of child pornography on Sedlak’s computers that had been downloaded from the Internet.
This case was investigated by the United States Secret Service and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu.