Middle District of Florida

Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Shanakia Benton to three years in federal prison for wrongful disclosure of individual identifiable health information and wire fraud. As part of her sentence, the Court also entered a money judgment in the amount of $77,239, the proceeds of the wire fraud. Benton pleaded guilty on May 2, 2016.

According to court documents, Benton was an employee at Tampa General Hospital (TGH) and had access to the personal health information of thousands of patients. She regularly received training regarding the Health Insurance Portability and Accountability Act, which prevents the unauthorized disclosure of personal health information. Despite her training, between June 2011 and December 2012, Benton illegally accessed the personal information of more than 600 TGH patients. Benton and her accomplices then used that information to file at least 29 false tax returns seeking refunds totaling $226,000. 

This case was investigated by the U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and the Tampa Police Department. It was prosecuted by Trial Attorney Timothy Loper.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Cecil Dante Buckner (36) and Jarmen Lindell Sharp (34), both of Orlando, pleaded guilty to conspiracy to interfere with interstate commerce by robbery, and two substantive counts of interference with interstate commerce by robbery. Buckner also pleaded guilty to two counts of brandishing a firearm during and in relation to the robberies. Sharp faces a maximum penalty of 20 years’ imprisonment. Buckner faces a minimum penalty of 32 years, up to life, in federal prison. A sentencing date has not yet been set.

According to the plea agreement, beginning no later than February 28, 2014, and continuing through on or about April 23, 2014, Buckner, Sharp and another individual conspired to rob Publix supermarkets in Orange and Volusia Counties. Specifically, on February 28, 2014, the two and their co-conspirator robbed the Publix located at 2295 Aloma Avenue, in Winter Park; on March 16, 2014, robbed the Publix located at 7640 West Sand Lake Road, in Orlando; and on March 30, 2014, robbed the Publix located at 2410 South Woodland Boulevard, in DeLand. During each of the robberies, Buckner and a co-conspirator wore masks and gloves to conceal their identities. Buckner held store customers and employees at gunpoint at the front of the stores, while the co-conspirator forced store employees into the cashier room at gunpoint and stole cash. Sharp acted as the “lookout” during each of the robberies, waiting in the parking lot of the stores to alert Buckner and the co-conspirator in the event law enforcement arrived. In total, Buckner, Sharp, and their co-conspirator stole over $24,000 from Publix as a result of these robberies.

Additionally, on May 4, 2016, Buckner and another individual robbed the Publix supermarket located at 2515 Thonotosassa Road, in Plant City. During that robbery, Buckner held store customers and employees at gunpoint while the other individual forced a store employee into the cashier room, at gunpoint. As a result of this robbery, Buckner and the other individual stole over $18,000 from Publix.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Orange County Sheriff’s Office, the Winter Park Police Department, and the Deland Police Department. It is being prosecuted by Assistant United States Attorney Kara M. Wick.

Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces the arrest and charging by criminal complaint of Jazmin Challana Barron (33, Lehigh Acres) with making false statements during the purchase of a firearm and making false statements in records kept by a Federal Firearms Licensee (FFL). If convicted on all counts, she faces a maximum penalty of 10 years in federal prison for making the false statement during the purchase of a firearm and 5 years’ imprisonment for making a false statement in records kept by a FFL. Barron made her initial appearance in federal court today and was released on a $25,000 bond.     

According to the complaint affidavit, on February 20, 2015, Barron purchased a MasterPiece Arms pistol (Model: MPA57SST; 5.7 caliber; SN: V9101) from Gunsmoke and Lead, a licensed federal firearms dealer, in Lehigh Acres, Florida. Barron completed an ATF Form 4473 as required to purchase the firearm; however, she provided a false address where she had not, and was not, residing at the time of the purchase.  The firearm was recovered by the Fort Myers Police Department near the scene of the mass shooting at the Club Blu Bar and Grill on July 25, 2016.

A complaint 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 Fort Myers Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Chief Assistant United States Attorney Jesus M. Casas.

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

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Wilson Angelo Graham, Jr., a/k/a “Noony” (34, Lakeland) pleaded guilty yesterday to conspiracy to distribute fentanyl and cocaine, resulting in two deaths. He faces a minimum penalty of 20 years, up to life, in federal prison. A sentencing date has not yet been set.

Fentanyl is a Schedule II controlled substance that is used in the same manner as heroin. Because of its potency, a small amount of fentanyl is potentially lethal.

According to the plea agreement, from at least October 3, 2015, through his arrest on October 28, 2015, Graham distributed fentanyl and cocaine in Lakeland. Beginning on October 3rd, Graham sent messages to “D.G.” about fentanyl that Graham had available to sell. Graham also advised “D.G.” that the fentanyl was too strong to use more than half a baggie at once. Between October 3rd and October 16, 2015, “D.G.” made multiple trips to Graham’s residence.

On the evening of October 16, 2015, the body of “B.S.,” the girlfriend of “D.G.,” was found slumped over a coffee table in her parents’ guest cottage in Lakeland. During a search of the guest cottage, detectives with the Polk County Sheriff’s Office (PCSO) located syringes, spoons with burned residue, and an empty package with drug residue. The empty package was light blue; stamped on the package were the words “Face to Face” and a silhouette of two heads facing each other. Laboratory testing of the residues from the spoons and package revealed the presence of fentanyl. A lethal amount of fentanyl was found in “B.S.’s” body.

On the morning of October 22, 2015, the Lakeland Police Department’s Violent Crimes Unit responded to an apartment in Lakeland, where they found the body of “D.G.” on the kitchen floor. Near the body, detectives located numerous pieces of drug paraphernalia, including spoons with burned residue and an empty package with drug residue resembling the empty package found near the body of “B.S.” Light blue wax paper, with the words “Face to Face,” and a silhouette of two heads facing each other, were also found. Laboratory testing of the spoon and package residues revealed the presence of fentanyl and one of the spoons revealed the presence of cocaine. A lethal amount of fentanyl was found in “D.G.’s” body and evidence revealed that “D.G.” was at Graham’s residence the night before he died.

On October 28, 2015, PCSO detectives executed a search warrant at Graham’s residence. During the search, detectives found eight baggies containing fentanyl. At least one of the baggies resembled the baggies found near the bodies of “B.S.” and “D.G.” 

This case was investigated by the Polk County Sheriff’s Office, the Lakeland Police Department, and the U.S. Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Dan Baeza.

 

Tampa, Florida – United States District Judge Elizabeth A. Kovachevich today sentenced Ynessa Brown and Thelonius Robertson, both of Gibsonton, to 61 months in federal prison for conspiring to commit tax fraud and aggravated identity theft. At sentencing, Robertson and Brown were ordered to make restitution to the IRS in the amount of $673,398. In addition, a forfeiture money judgment in the amount of $767,398 was entered, representing the total proceeds of their fraud conspiracy. 

According to court documents, from January 2012 through June 2013, Brown and Robertson possessed and used stolen identities, including those of deceased persons, to electronically file fraudulent tax returns with the IRS through an Internet service provider in Brown’s name. Many of the false tax returns were filed jointly, and in many cases, one or both of the victims were deceased. Items related to these false returns and refunds, including $94,000 in cash, was seized during a search of Brown’s residence in June 2013. 

From these fraudulently filed tax returns, Brown and Robertson directed the tax refunds onto unauthorized debit cards, many in other people’s names, and often to H & R Block Emerald cards, which were sent to either their address, the addresses of friends and family, and/or to vacant addresses. Brown and Robertson used these refunds to purchase merchandise or to make cash withdrawals, mostly from Fifth Third bank ATMs. 

This case was brought as part of an initiative dedicated to combating the growing problem of identity theft and the fraudulent filing of electronic tax claims. It was investigated by the Hillsborough County Sheriff’s Office and the Internal Revenue Service Criminal Investigation. It was prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.

Tampa, FL – U.S. District Judge James S. Moody, Jr. today sentenced Latosha Strong to 15 months in federal prison for filing false federal income tax returns in the names of deceased individuals.  The Court also ordered her to pay $52,735.71 in restitution to the U.S. Treasury, which are traceable to proceeds of the offense. Strong pleaded guilty on December 11, 2015.

According to court documents, Strong, and others working with her, prepared and filed fraudulent tax returns using the stolen identities of at least 10 deceased individuals for the 2010 and 2011 tax years.  The resulting tax refunds were directed to at least five different bank accounts in Strong’s name.  The amount of false claims totaled $85,814, but due to federal seizure warrants and financial institution reclamations, the actual tax loss amounted to $52,735.71.

Analysis of information from the 10 deceased individuals’ returns shows that these conspirators used similar “formulas” to generate the fraudulent returns, including income, tax withholding, and interest income.  In addition, several of the false returns claimed identical refund amounts.

Strong and others shared in the proceeds from the scheme. The monies were spent on a variety of retail items and services, and in transactions at a local casino. 

This case was investigated by IRS Criminal Investigation. It was prosecuted by Assistant United States Attorney Mandy Riedel.

Orlando, FL – United States Attorney A. Lee Bentley III, along with Daytona Beach Police Chief Michael Chitwood, Assistant Special Agent in Charge Trevor A. Velinor of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and State Attorney R.J. Larizza, announces the arrest of 20 individuals (link to summary chart) as part of a joint law enforcement operation named “Operation Ceasefire.” As part of this operation, 11 individuals have been federally charged with firearms-related offenses. Penalties for the various offenses range from 5 years, up to life, in federal prison. Nine individuals have also been charged by the state with drug and firearms-related offenses. These cumulative arrests are the result of a violent crime initiative jointly undertaken by the United States Attorney’s Office, ATF, the Daytona Beach Police Department, and the State Attorney’s Office for the Seventh Judicial Circuit.

"Fighting violent crime is a top priority of my Office," said U.S. Attorney Lee Bentley. "We’re doing that by prosecuting felons possessing firearms and drug traffickers in areas most victimized by violent crime. We are very grateful for the hard work and dedication of ATF and our local partners, the Daytona Beach Police Department, and the State Attorney’s Office."

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

Additional cases have already been prosecuted as part of this joint violent crime initiative, including five federal cases and two state cases.

These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Daytona Beach Police Department. The federal cases will be prosecuted by Assistant United States Attorneys Jackson Boggs, Chauncey Bratt, Emily Chang, Vince Chiu, Tiffany Cummins, Embry Kidd, Shawn Napier, Ilianys Rivera-Miranda, and Sean Shecter.

These cases are prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy.  United States Attorney Bentley, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to combat violent crime in our communities.

WHO:      

United States Attorney A. Lee Bentley, III

ATF Assistant Special Agent in Charge Trevor A. Velinor

Daytona Beach Police Chief Michael Chitwood

State Attorney R.J. Larizza

WHAT:

Press conference to announce the unsealing of indictments and arrests of multiple individuals involved in firearms and drug trafficking.

WHEN:     

Wednesday, July 27, 2016, 11:00 A.M. EST     

WHERE: 

Daytona Beach Police Department

129 Valor Boulevard (Second Floor)

Daytona Beach, Florida 32114

OPEN PRESS

NOTE:  All media must present government-issued photo I.D. (such as a driver’s license).  

Media may begin arriving at 10:15 A.M.

Please RSVP to [email protected] by 5:00 p.m. on Tuesday, July 25, 2016.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Robin C. Briere (53, Clermont) has pleaded guilty to wire fraud for her theft of more than $650,000 from the American Legion Auxiliary Department of Florida.  She faces up to 20 years in federal prison.  A sentencing date has not yet been set.

According to court documents, Briere used her position as Secretary-Treasurer of the American Legion Auxiliary to steal approximately $657,441 from the organization over a seven-year period from 2007 to 2014.  Briere accomplished her scheme by creating more than 200 fraudulent transactions, most of which involved Briere writing checks to herself on the American Legion Auxiliary account and then inputting false entries to the organization’s accounting system.  She also wrote checks from the American Legion Auxiliary account to pay her personal credit card bills. In some instances, Briere used the American Legion Auxiliary credit card to pay her personal expenses.

This case was investigated by the Federal Bureau of Investigation.  It is being prosecuted by Assistant United States Attorneys Roger B. Handberg and Nathan W. Hill.

Tampa, FL – United States Attorney A. Lee Bentley, III announces that Kenneth Joseph Skelly (64, New Port Richey) will pay $52,608.86 to settle allegations that he failed to disclose his employment by, and participation in, a business while he was collecting federal workers’ compensation benefits.

The Federal Employees’ Compensation Act (FECA) is the workers’ compensation program for federal employees. Like many workers’ compensation programs, FECA pays disability, survivors, and medical benefits, without fault, to employees who are injured or become ill in the course of their federal employment and to the survivors of employees killed on the job. Federal workers who receive such benefits are required to file reports every 15 months disclosing, among other things, whether they have been employed, have had any involvement in the operations of a business, or done any volunteer work.  This information allows the Government to determine whether it is appropriate to adjust the amount of compensation being paid.

Skelly was employed by the National Aeronautics and Space Administration (NASA) as a safety engineer when he suffered an injury during his employment. Since December 1989, and continuing today, Skelly has received compensation for total disability.  During the last decade, he engaged in various activities that he did not disclose on his regular reports, including: starting and helping to run a business that sold safety information to first responders; playing in a band that was paid for its performances; and recording and offering the band’s music for sale. Many of these endeavors netted little income, but all were required to be disclosed on his regular reports.

The most egregious omission was work that Skelly and his company performed between early 2005 and early 2006, after hurricanes hit the Gulf Coast area. For example, Skelly worked nearly four months in New Orleans following Hurricane Katrina. He contended that all of his work was on a volunteer basis for which he received no reimbursement, however, he regularly filled out time cards and submitted expenses. Further, the monies that his company was paid for his work went into a bank account linked to a debit card that he used for personal and other expenses, thus effectively drawing a paycheck.

Had Skelly disclosed his work on the hurricane recovery efforts, he would not have been entitled to the $35,072.57 in worker’s compensation benefits that he was paid between 2005 and 2006.

“Federal employees receiving worker’ compensation must truthfully report income earned from other sources” said U.S. Attorney Bentley. “Here, Mr. Skelly failed to do so and was paid over $35,000 to which he was not entitled.  Such dishonesty, which threatens the viability of an important program, warrants a payment by Mr. Skelly in excess of the amount fraudulently obtained.”

"I commend Special Agent Ryan Sims and the USAO for the Middle District of Florida for their outstanding efforts in safeguarding the integrity of FECA," said Michael W. Sonntag, Special Agent in Charge of the Office of Investigations, NASA Office of Inspector General.

The settlement resolves a lawsuit filed by the United States against Skelly, which was scheduled for trial in September. That suit was filed as a result of proactive investigative efforts by the NASA Office of the Inspector General.

This case was investigated jointly by Assistant U.S. Attorney Charles Harden of the United States Attorney’s Office for the Middle District of Florida and the NASA Office of Inspector General.

The lawsuit was filed in the Middle District of Florida, and is captioned United States v. Skelly, Case No. 8:14-cv-2470-T-35-MAP (M.D. Fla.).

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

Ocala, Florida – Senior U.S. District Judge Wm. Terrell Hodges today sentenced Kenneth Everette Robinson, Jr. (31, Marion County) to 15 years in federal prison for possession of a firearm and ammunition by a convicted felon. The Court also ordered him to forfeit the semi-automatic firearm and ammunition involved in the offense. Robinson previously pleaded guilty on January 19, 2016.

According to court documents, an Ocala police officer stopped Robinson for speeding on March 10, 2015. Robinson, who had no driver’s license, provided conflicting answers about the identity of the vehicle’s owner. He also admitted that he had marijuana inside the vehicle. During a subsequent search, the officer recovered Robinson’s wallet, marijuana, a digital scale, and a loaded .45 caliber semi-automatic pistol. When Robinson denied any knowledge of the firearm, law enforcement obtained a DNA sample from Robinson and submitted the firearm for further testing. Results of the test subsequently confirmed the presence of Robinson’s DNA on the firearm. Robinson later admitted that the loaded firearm belonged to him.

Robinson has nine prior state felony convictions, including multiple convictions for drug distribution, qualifying him for a sentencing enhancement as an Armed Career Criminal. Moreover, as a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.    

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the City of Ocala Police Department. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

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

Tampa, FL – United States Attorney A. Lee Bentley, III announced today the return of an indictment charging Richard Lilliston (69, Brooksville) with conspiracy to defraud two Social Security Administration (“SSA”) programs, and to make false statements to the SSA programs. If convicted, he faces a maximum penalty of five years in federal prison and a fine of $250,000.

Three former Hillsborough Achievement and Resource Centers (HARC) employees have previously pleaded guilty to related charges. HARC CFO Frank Pannullo pleaded guilty to conspiracy on June 6, 2016, for his role in the criminal conduct at HARC (Case No. 8:16-cr-222-T-35JSS). Marsha Weisse, a former HARC controller and CFO, pleaded guilty on December 10, 2015, to submitting a false statement to the SSA and is awaiting sentencing (Case No. 8:15-cr-486-T-26JSS). Sandra Shepherd, a former HARC client finance manager, also pleaded guilty to submitting a false statement to the SSA. Shepherd was sentenced on March 24, 2016 (Case No. 8:15-cr-400-T-36TBM).

According to Lilliston’s indictment and other related court documents, HARC, formerly the Hillsborough Association for Retarded Citizens, was established in 1953 to positively impact the future for people living with developmental disabilities, such as Alzheimer’s disease and Down syndrome. HARC opened and operated group homes that served its target client population and also spearheaded various community programs for its clients, focused on inclusion activities for youths, adults, and seniors with disabilities.

Many of the HARC clients received SSA benefits from the Supplemental Security Income and the Old Age, Survivors’ and Disability Insurance programs due to various developmental disabilities. For certain HARC clients who lacked the capacity to manage their own SSA program benefits, SSA approved one or more HARC officials to act as a “Representative Payee” to receive the client’s benefits and to use them exclusively for that client’s benefit. As a Representative Payee, the HARC official was required to complete and submit to the SSA a “Representative Payee Report” (or “Form SSA-6234”). The SSA Form SSA-6234 required that basic financial information relating to each HARC client who was an SSA program beneficiary be submitted annually to the SSA. The required financial information included, among other information: (1) how much had been spent for the beneficiary's food and housing during the relevant period; (2) how much had been spent on other items and services—such as clothing, education, medical and dental expenses, recreation, or personal items—directly for the beneficiary; and (3) how much, if any, had been saved for the beneficiary as of the end of the relevant period.

The indictment alleges that in or about January 2001, through November 2011, the conspirators engaged in a scheme to defraud the SSA. Specifically, in January 2001, HARC opened an account at SunTrust bank, commonly referred to within HARC as the "Endowment Account." That account was purportedly established to maintain and safeguard the HARC clients' funds for each client’s relevant needs. However, shortly after the creation of the account, Lilliston and Pannullo, HARC’s CEO and CFO, respectively, began wrongfully diverting HARC clients’ funds from the Endowment Account into the HARC operating account, to cover various expenditures unrelated to any particular HARC client's personal needs or use. As a result of the diversion of client funds, substantially all of the Form SSA-6234s submitted to the SSA for the affected HARC clients contained false and fraudulent information. Also, early in the conspiracy, CFO Pannullo and one or more conspirators developed an "Endowment Account Worksheet" that purportedly tracked each HARC client's balance within the Endowment Account. In other words, a HARC client's Endowment Account worksheet balance was to be increased whenever funds were transferred into the account from that client's personal bank account (or from any other source) and correspondingly decreased when funds were extracted to pay for that client's personal needs and use. However, the wrongful diversions by the conspirators from the Endowment Account to the operating account were not recorded in any manner on the Endowment Account worksheet. Thus, while the worksheet made it appear as if funds in the Endowment Account were being maintained and safeguarded—and readily available—for the HARC clients' personal needs and use, such was not the case.

In another effort to conceal that HARC client funds had been, and were being, wrongfully diverted from the Endowment Account, and to make it appear as if the account had been properly established and maintained since at least 2007, Lilliston directed others at HARC to secure signatures from the developmentally disabled HARC clients on a document titled "Pooled Trust Joinder Agreement." Many, if not most of, the developmentally disabled clients who signed the document did not have the necessary capacity to understand the full import of the document. Lilliston and others at HARC signed and dated the documents as if they had been executed in April 2007, when in truth they were actually executed in late November 2009.

In June 2013, the U.S. Attorney’s Office filed a Verified Complaint for Forfeiture In Rem in a related case (Case No. 8:13-Cv-1601-T-17TBM), seeking the forfeiture of $87,000 held in a Synovus Bank account. That complaint raised like allegations—that HARC clients’ SSA benefits had been wrongfully diverted from the clients and used by HARC for other purposes—and was supported by facts contained in the sworn affidavit of a special agent with the U.S. Department of Health and Human Services - Office of Inspector General. On September 30, 2013, the district court entered a Default Judgment of Forfeiture in which the Court ordered the forfeiture of the $87,000 to the United States.       

This case is being investigated by the Social Security Administration - Office of the Inspector General, the U.S. Department of Health and Human Services - Office of the Inspector General, and the Florida Department of Law Enforcement, along with the State of Florida’s Department of Financial Services - Office of Fiscal Integrity. It is being prosecuted by Assistant United States Attorney Jay G. Trezevant.

U.S. Attorney A. Lee Bentley, III announces today that the Department of Justice's Bureau of Justice Assistance (BJA) has awarded a total of $12,351,298 to the Florida Department of Law Enforcement (FDLE) through the Edward Byrne Justice Assistance Grant (JAG) program. This amount includes $1 million previously announced by Attorney General Loretta Lynch on June 21, 2016, in response to the shootings at the Pulse Nightclub in Orlando. These funds will be used to reimburse state and local governments, and law enforcement agencies, for personnel and overtime costs related to the shootings.

“In the aftermath of the Pulse nightclub tragedy, over 1,500 law enforcement officers worked tirelessly around the clock for weeks, and many are continuing to do so. Our Office owes a great debt to the Orlando Police Department, the Orange County Sheriff’s Office, and the other state and local law enforcement agencies that did much of this important work,” said U.S. Attorney Bentley. “It is appropriate that these funds will be used to offset some of the extraordinary costs incurred by our state and local law enforcement partners.”

The remaining $11,351,298 is the FY 2016 formula JAG grant awarded to the State of Florida. The goal of Florida's JAG program is to enable local governments and state criminal justice agencies to receive the assistance needed to help fund and improve their own programs in an effort to improve law enforcement and criminal justice within their respective communities and jurisdictions. FDLE will use administrative funds for personnel services, including salaries and benefits, travel expenses, supplies, consultants and contracts, equipment, other costs, and indirect costs necessary to administer JAG funds.

Additionally, BJA will award a total $589,686 to both Orange County ($405,024) and the City of Orlando ($184,662) through the JAG program. Orange County will utilize this award to support a variety of law enforcement related initiatives that will enhance essential county services. The City of Orlando will use its funds to purchase new portable radios for the Orlando Police Department's communications system.

The JAG program is the primary provider of federal criminal justice funding to state and local jurisdictions. The program provides states and local governments with critical funding necessary to support a range of program areas, including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and crime victim and witness initiatives; and planning, evaluation, and technology improvement programs.

Information about the Office of Justice Programs can be found at http://www.ojp.usdoj.gov.

A Jacksonville, Florida, man pleaded guilty today for unlawfully procuring U.S. citizenship by failing to disclose during his naturalization process his membership in the Bosnian Army and crimes that he committed in Bosnia and Herzegovina during the Bosnian Conflict in the 1990s, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney A. Lee Bentley III of the Middle District of Florida.  

Slobo Maric, 56, pleaded guilty before U.S. Magistrate Judge James R. Klindt of the Middle District of Florida.  Sentencing has not yet been scheduled.

According to the plea agreement, in 1993, Maric served as a shift leader, the second in command to the warden, of a detention facility in Bosnia that housed captured Bosnian-Croat soldiers.  Many of the guards in the facility routinely subjected detainees to serious physical abuse and humiliation, including by referring to them with ethnic slurs and spitting on them.  According to the plea agreement, Maric selected detainees for other guards to abuse; directly participated in abusing several prisoners; and sent prisoners on dangerous and deadly work details on the front line of the conflict.  The Bosnian government charged Maric for his criminal conduct and, after Maric immigrated to the United States, Bosnia indicted and convicted Maric in absentia for war crimes against prisoners.  According to the plea agreement, Maric knew about the Bosnian court proceedings, yet he failed to disclose the proceedings and lied about his conduct on his application for U.S. citizenship.  Maric became a naturalized U.S. citizen on Oct. 31, 2002.

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Jacksonville Field Office investigated the case under the supervision of the HSI Tampa Field Office with support from ICE’s Human Rights Violators and War Crimes Center. 

Trial Attorneys Clayton O’Connor, Sasha Rutizer and Christina Giffin and Historian David Rich of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Dale Campion of the Middle District of Florida are prosecuting the case.  

Jacksonville, FL  – A Jacksonville, Florida, man pleaded guilty today for unlawfully procuring U.S. citizenship by failing to disclose during his naturalization process his membership in the Bosnian Army and crimes that he committed in Bosnia and Herzegovina during the Bosnian Conflict in the 1990s, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney A. Lee Bentley III of the Middle District of Florida.  

Slobo Maric (56, Jacksonville) pleaded guilty before U.S. Magistrate Judge James R. Klindt of the Middle District of Florida.  He faces a maximum penalty of ten years in federal prison.  Additionally, he faces a mandatory revocation of his certificate of naturalization, and cancellation of his U.S. citizenship. Sentencing has not yet been scheduled.

According to the plea agreement, in 1993, Maric served as a shift leader, the second in command to the warden of a detention facility in Bosnia that housed captured Bosnian-Croat soldiers.  Many of  the guards in the facility routinely subjected detainees to serious physical abuse and humiliation, including by referring to them with ethnic slurs and spitting on them.  According to the plea agreement Maric selected detainees for other guards to abuse; directly participated in abusing several prisoners; and sent prisoners on dangerous and deadly work details on the front line of the conflict.  The Bosnian government charged Maric for his criminal conduct and, after Maric immigrated to the United States, Bosnia indicted and convicted Maric in absentia for war crimes against prisoners.  According to the plea agreement, Maric knew about the Bosnian court proceedings, yet he failed to disclose the proceedings and lied about his conduct on his application for U.S. citizenship.  Maric became a naturalized U.S. citizen on Oct. 31, 2002.

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Jacksonville Field Office investigated the case under the supervision of the HSI Tampa Field Office with support from ICE’s Human Rights Violators and War Crimes Center. 

Trial Attorneys Clayton O’Connor, Sasha Rutizer and Christina Giffin and Historian David Rich of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Dale Campion of the Middle District of Florida are prosecuting the case. 

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Steven Headden Young has pleaded guilty  to tax evasion. He faces a maximum penalty of five years in federal prison and has agreed to pay full restitution, penalties, and taxes owed to the Internal Revenue Service.

According to court documents, Young evaded a substantial portion of his personal federal income taxes for the years 2007 through 2011 by falsifying expenses to negate his income. Young, who prepared and filed his own tax returns, created bogus business expenditures and deducted them from his Schedule C income. He also falsely filed as head-of-household (HOH) to take advantage of the tax benefits of HOH filing status when he was married. This status provides for lower taxes and higher credits than filing single, married filing jointly, or married filing separately.  Taking into account payments made by and tax refunds paid to Young, he owes more than $250,000, but less than $550,000, in taxes for the years 2007 through 2011.

Young also made false statements to the IRS about his marital status, claiming that he was single, when he was married and living with his wife. Further, Young interfered with the IRS audit and tax assessment of his personal federal income taxes in an attempt to intercept third party records the IRS had subpoenaed by the IRS from Bank of America (BOA) by fabricating a letter from the IRS to BOA in an attempt to redirect these bank records.

This case was investigated by the Internal Revenue Service - Criminal Investigation and the Treasury Inspector General for Tax Administration (TIGTA). It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Thomas Samborski, II (39, Orange County) has pleaded guilty to enticement of a minor to produce child pornography. He faces up to 20 years in federal prison and a life term of supervision. In addition, Samborski has agreed to pay restitution to the minor victim. The sentencing hearing has been scheduled for October 6, 2016, before United States District Judge Carlos E. Mendoza. 

According to court records, Samborski made sexually suggestive advertisements regarding photographs of three minor children, including “minor victim 1,” on a file sharing website. As a result, a preliminary investigation eventually resulted in a federal search warrant being executed at his residence. During the execution of the warrant, Samborski’s cell phone was searched and found to contain child pornography depicting “minor victim 1,” which had been produced at his apartment on March 1, 2015, and March 3, 2015. The Internet history on the cell phone included searches and websites pertaining to rape; making chloroform; how to have sex with a virgin; spy and hidden cameras; and other similarly offensive searches. Samborski held a position of custody, care, or supervisory control over “minor victim 1,” a 9-year-old child.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

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

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Gernain Jackson (33, Duval County) has pleaded guilty to enticement of a minor to engage in sexual activity. He faces a mandatory minimum sentence of 10 years, up to life, in federal prison. The sentencing hearing is scheduled for September 28, 2016, before United States District Judge Paul G. Byron. 

According to court records, from August 2015 to September 2015, Jackson engaged a 13-year-old boy from Orlando in chats over Facebook, KIK messenger, Skype, and the telephone, through which Jackson enticed the minor to produce child pornography. Through the online contact, Jackson enticed the minor to send him sexually explicit images. On or about September 6th and 13th, 2015, Jackson met the minor in person while attending church functions in Jacksonville. During that time, Jackson met the minor in the bathroom several times throughout the day and fondled him. 

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

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

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that William Marion Patterson, III (47, Jacksonville) has been charged with receiving child pornography over the Internet and possessing it on his computer media.  If convicted of any one of the three receipt counts, he faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison, and a life term of supervised release. If convicted of either of the two possession charges, he faces up to 10 years’ imprisonment, and a potential life term of supervision. Patterson was arrested on July 15, 2016. His arraignment and detention hearing is scheduled for July 19, 2016, at 2:30 p.m.       

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

This case was investigated by the Federal Bureau of Investigation, the Naval Criminal Investigative Service, the Jacksonville Sheriff’s Office, the Columbia County Sheriff’s Office, and the Florida Department of Law Enforcement. 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.

The Department of Justice, Office of Community Oriented Policing Services (COPS Office) today announced it will conduct a comprehensive after-action assessment of the Orlando Police Department’s (OPD) response to the mass shooting that took place on June 12 at the Pulse nightclub in Orlando, Florida.

Statement from U.S. Attorney Bentley:

“Chief Mina has proven to be a tremendous leader of the Orlando Police Department. His decision to seek an independent review of the law enforcement response to the Pulse nightclub shootings is another example of his effective leadership. The results of this review should help not only the Orlando Police Department, but also other law enforcement agencies forced to deal with terrorist attacks.”

Click this link to view the COPS Office press release in its entirety.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Elizabeth Brooks Perkins (46, Brooksville) with bank robbery and a related firearms offense.  If convicted on all counts, she faces a maximum penalty of life in federal prison.  Perkins was arrested on July 7, 2016.

According to the complaint, at 4:30 p.m. on February 10, 2016, Perkins visited the Sunshine Bank in Plant City and met with the Branch Manager to discuss a purported land purchase.  When the bank closed, she brandished a semi-automatic pistol and held two employees at gunpoint. After stealing $110,000, Perkins duct-taped the employees and fled.

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 Federal Bureau of Investigation, the Plant City Police Department, and the Hillsborough County Sheriff’s Office.  It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Michael L. Johnson (56, Odessa) today pleaded guilty to misappropriation of bank funds and embezzlement.  He faces a maximum penalty of 30 years in federal prison.

According to the plea agreement and court proceedings, Johnson was employed as a Senior Vice President/Special Assets Officer at American Momentum Bank.  In his capacity as a Special Assets Officer, Johnson was responsible for marketing and selling bank-owned properties to investors in order to remove these troubled assets from the bank’s balance sheet.  Johnson signed the closing documents, including the HUD-1 Settlement Statement, on behalf of American Momentum Bank.

Beginning around June 2012, and continuing through November 2014, Johnson devised a scheme to misapply and embezzle funds provided by American Momentum Bank.  After the sale of bank-owned properties had been approved by the bank, Johnson set up closings with real estate settlement agents.  He then contacted the agents and ordered additions and/or changes to the disbursement side of the HUD-1.  After closing, funds provided by American Momentum Bank were directed to bank accounts controlled by Johnson’s family members. 

This case was investigated by the Unites States Secret Service, the Tampa Police Department and the Federal Housing Finance Agency – Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor.

Congresswoman Corrine Brown and her chief of staff were indicted today for their roles in a conspiracy and fraud scheme involving a fraudulent education charity.

Brown, 69, of Jacksonville, Florida, and her chief of staff, Elias “Ronnie” Simmons, 50, of Laurel, Maryland, were charged today in a 24-count indictment with participating in a conspiracy to commit mail and wire fraud, multiple counts of mail and wire fraud, concealing material facts on required financial disclosure forms, theft of government property, obstruction of the due administration of the internal revenue laws and filing false tax returns.

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 Michelle S. Klimt of the FBI’s Jacksonville Division and Chief Richard Weber of the Internal Revenue Service-Criminal Investigation (IRS-CI) made the announcement.

“Congresswoman Brown and her chief of staff are alleged to have used the Congresswoman’s official position to solicit over $800,000 in donations to a supposed charitable organization, only to use that organization as a personal slush fund,” said Assistant Attorney General Caldwell.  “Corruption erodes the public’s trust in our entire system of representative government.  One of the department’s most important responsibilities is to root out corruption at all levels of government and to bring wrongdoers to justice.”

“Our office is committed to ferreting out and prosecuting all forms of corruption and fraud, regardless of who the offender is,” said U.S. Attorney Bentley.  “In our nation, no one is above the law.”

“Corrupt public officials undermine the integrity of our government and violate the public’s trust,” said Special Agent in Charge Klimt.  “That is why public corruption is the FBI’s top criminal priority.  It is incredibly disappointing that an elected official, who took an oath year after year to serve others, would exploit the needs of children and abuse the charitable hearts of constituents to advance her own personal and political agendas and deliver them with virtually nothing.”

“The defendants are alleged to have committed a multitude of criminal violations, including fraudulently receiving and using hundreds of thousands of dollars in contributions meant for a nonprofit organization for their own personal and professional benefit,” said Special Agent in Charge Lappin.  “The American public expects and deserves equitable enforcement of our tax laws.”

The indictment alleges that between late 2012 and early 2016, Brown and Simmons participated in a conspiracy and fraud scheme involving One Door for Education – Amy Anderson Scholarship Fund (One Door) in which the defendants and others acting on their behalf solicited more than $800,000 in charitable donations based on false representations that the donations would be used for college scholarships and school computer drives, among other things.  According to the indictment, Brown and Simmons allegedly solicited donations from individuals and corporate entities that Brown knew by virtue of her position in the U.S. House of Representatives, many of whom the defendants led to believe that One Door was a properly-registered 501(c)(3) non-profit organization, when, in fact, it was not. 

Contrary to the defendants’ representations, the indictment alleges that Brown, Simmons and Carla Wiley, the president of One Door, among others, used the vast majority of One Door donations for their personal and professional benefit, including tens of thousands of dollars in cash deposits that Simmons made to Brown’s personal bank accounts.  In one instance, Simmons is alleged to have deposited $2,100 in One Door funds into Brown’s personal bank account the same day that Brown wrote a check for a similar amount to pay taxes she owed.  Likewise, the indictment alleges that Brown and Simmons used the outside consulting company of one of Brown’s employees to funnel One Door funds to Brown and others for their personal use.  According to the indictment, more than $200,000 in One Door funds were used to pay for events hosted by Brown or held in her honor, including a golf tournament in Ponte Vedra Beach, Florida; lavish receptions during an annual conference in Washington, D.C.; the use of a luxury box during a concert in Washington, D.C.; and the use of a luxury box during an NFL game in the Washington, D.C., area.

Despite raising over $800,000 in donations, the indictment alleges that One Door was associated with only two scholarships totaling $1,200 that were awarded to students to cover expenses related to attending a college or university.

Simmons is also charged with theft of government property based on the misuse of his position as Brown’s chief of staff to obtain congressional employment for a close relative.  Between 2001 and early 2016, Simmons’ relative allegedly received approximately $735,000 in government salary payments despite performing no known work for the U.S. House of Representatives.  The indictment alleges that between 2009 and late 2015, Simmons diverted over $80,000 of his relative’s government salary for his personal benefit, including through transfers to his personal bank accounts, payments on his personal credit cards and loan payments on his boat.

Simmons and Brown are also charged with failing to disclose, among other things, the reportable income they received from One Door and the salary payments that Simmons diverted from his relative’s government employment on required financial disclosure forms submitted to the U.S. House of Representatives and made available to the general public.

Brown is also charged with engaging in tax obstruction between 2008 and 2014 and, in certain years, filing false returns based on her repeated failure to report income from substantial cash deposits to her personal bank accounts and her repeated deduction of inflated and fabricated charitable donations.  According to the indictment, in various years, Brown claimed deductions on her tax returns based on false donations she claimed she made to One Door, as well as to local churches and non-profit organizations in the Jacksonville area.

Wiley, the president of One Door, pleaded guilty for her involvement in the scheme on March 3, 2016.

The charges and allegations contained in an indictment are merely accusations.  The defendants are presumed innocent until and unless proven guilty.

The FBI and IRS-CI are investigating the case.  Deputy Chief Eric G. Olshan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys A. Tysen Duva and Michael J. Coolican of the Middle District of Florida are prosecuting the case.

Jacksonville, FL – Congresswoman Corrine Brown and her chief of staff were indicted today for their roles in a conspiracy and fraud scheme involving a fraudulent education charity.

Brown, 69, of Jacksonville, Florida, and her chief of staff, Elias “Ronnie” Simmons, 50, of Laurel, Maryland, were charged today in a 24-count indictment with participating in a conspiracy to commit mail and wire fraud, multiple counts of mail and wire fraud, concealing material facts on required financial disclosure forms, theft of government property, obstruction of the due administration of the internal revenue laws, and filing false tax returns.

U.S. Attorney A. Lee Bentley III, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Michelle Klimt of the FBI’s Jacksonville Division, and Special Agent in Charge Kim Lappin of the Internal Revenue Service-Criminal Investigation (IRS-CI) Tampa Field Office made the announcement.

“Our Office is committed to ferreting out and prosecuting all forms of corruption and fraud, regardless of who the offender is,” said U.S. Attorney Bentley. “In our nation, no one is above the law.”

"Congresswoman Brown and her chief of staff are alleged to have used the Congresswoman's official position to solicit over $800,000 in donations to a supposed charitable organization, only to use that organization as a personal slush fund," said Assistant Attorney General Caldwell.  "Corruption erodes the public's trust in our entire system of representative government.  One of the department's most important responsibilites is to root out corruption at all levels of government and to bring wrongdoers to justice."

“Corrupt public officials undermine the integrity of our government and violate the public’s trust,” said Michelle S. Klimt, Special Agent in Charge of the FBI Jacksonville Division.  “That is why public corruption is the FBI’s top criminal priority.  It is incredibly disappointing that an elected official, who took an oath year after year to serve others, would exploit the needs of children and abuse the charitable hearts of constituents to advance her own personal and political agendas and deliver them with virtually nothing.”

"The defendants are alleged to have committed a multitude of criminal violations, including fraudulently receiving and using hundreds of thousands of dollars in contributions meant for a nonprofit organization for their own personal and professional benefit,” said Richard Weber, Chief, IRS Criminal Investigation. “The American public expects and deserves equitable enforcement of our tax laws.”

The indictment alleges that between late 2012 and early 2016, Brown and Simmons participated in a conspiracy and fraud scheme involving One Door for Education – Amy Anderson Scholarship Fund (One Door) in which the defendants and others acting on their behalf solicited more than $800,000 in charitable donations based on false representations that the donations would be used for college scholarships and school computer drives, among other things.  According to the indictment, Brown and Simmons allegedly solicited donations from individuals and corporate entities that Brown knew by virtue of her position in the U.S. House of Representatives, many of whom the defendants led to believe that One Door was a properly-registered 501(c)(3) non-profit organization, when, in fact, it was not. 

Contrary to the defendants’ representations, the indictment alleges that Brown, Simmons and Carla Wiley, the president of One Door, among others, used the vast majority of One Door donations for their personal and professional benefit, including tens of thousands of dollars in cash deposits that Simmons made to Brown’s personal bank accounts.  In one instance, Simmons is alleged to have deposited $2,100 in One Door funds into Brown’s personal bank account the same day that Brown wrote a check for a similar amount to pay taxes she owed.  Likewise, the indictment alleges that Brown and Simmons used the outside consulting company of one of Brown’s employees to funnel One Door funds to Brown and others for their personal use.  According to the indictment, more than $200,000 in One Door funds were used to pay for events hosted by Brown or held in her honor, including a golf tournament in Ponte Vedra Beach, Florida; lavish receptions during an annual conference in Washington, D.C.; the use of a luxury box during a concert in Washington, D.C.; and the use of a luxury box during an NFL game in the Washington, D.C., area.

Despite raising over $800,000 in donations, the indictment alleges that One Door was associated with only two scholarships totaling $1,200 that were awarded to students to cover expenses related to attending a college or university.

Simmons is also charged with theft of government property based on the misuse of his position as Brown’s chief of staff to obtain congressional employment for a close relative.  Between 2001 and early 2016, Simmons’ relative allegedly received approximately $735,000 in government salary payments despite performing no known work for the U.S. House of Representatives.  The indictment alleges that between 2009 and late 2015, Simmons diverted over $80,000 of his relative’s government salary for his personal benefit, including through transfers to his personal bank accounts, payments on his personal credit cards and loan payments on his boat.

Simmons and Brown are also charged with failing to disclose, among other things, the reportable income they received from One Door and the salary payments that Simmons diverted from his relative’s government employment on required financial disclosure forms submitted to the U.S. House of Representatives and made available to the general public.

Brown is also charged with engaging in tax obstruction between 2008 and 2014 and, in certain years, filing false returns based on her repeated failure to report income from substantial cash deposits to her personal bank accounts and her repeated deduction of inflated and fabricated charitable donations.  According to the indictment, in various years, Brown claimed deductions on her tax returns based on false donations she claimed she made to One Door, as well as to local churches and non-profit organizations in the Jacksonville area.

Wiley, the president of One Door, pleaded guilty for her involvement in the scheme on March 3, 2016.

The charges and allegations contained in an indictment are merely accusations.  The defendants are presumed innocent until and unless proven guilty.

The FBI and IRS-CI are investigating the case.  Deputy Chief Eric G. Olshan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys A. Tysen Duva and Michael J. Coolican of the Middle District of Florida are prosecuting the case.

UPDATE: Brown and Simmons will make their initial appearances in Jacksonville today before United States Magistrate Judge James R. Klindt at 1:00 p.m. (Courtroom 5-D).

Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of a twelve-count indictment charging Edward McKenzie (39, Tampa), George Perdigon, a/k/a “Lee” (48, Tampa), Gregory Phelps (61, Tampa), Michael Regan (40, Sun City Center), James Dunn, a/k/a “Wiggy” (34, New York City), and Jesse Greer, a/k/a “Alex” (40, Tampa) with distribution of heroin and/or conspiracy to traffic heroin. If convicted, each faces up to 40 years in federal prison. The indictment also notifies the defendants that the United States intends to forfeit the property located at 3608 West Oklahoma Avenue in Tampa, which the defendants allegedly used to facilitate and further the conspiracy.

According to the indictment, from August 2015 through April 2016, McKenzie, Perdigon, Phelps, Regan, Dunn, and Greer participated in a conspiracy to distribute heroin in and around South Tampa.

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 jointly investigated by the Tampa Police Department and the Drug Enforcement Administration. It will be prosecuted by Assistant United States Attorney Dan Baeza.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has found Joshua Adam Tatro (24, Merritt Island) guilty of 9 counts of producing child pornography, 3 counts of receiving child pornography, and 1 count of possessing child pornography. He faces a mandatory minimum sentence of 15 years, up to 30 years, in federal prison for each of the production offenses. In addition, he faces a mandatory minimum sentence of 5 years, up to 20 years’ imprisonment, for each receipt offense, and up to 20 years in federal prison for the possession charge. A sentencing hearing is scheduled for October 3, 2016. 

According to testimony and evidence presented at trial, on nine separate occasions between October 2014 and March 2015, Tatro produced images and videos depicting him sexually abusing a three year-old child. He also used a messaging app on his phone to send and receive images depicting child pornography, and he uploaded images of child pornography onto an online account that he maintained. Law enforcement began investigating Tatro after they learned of his online activity from the National Center for Missing and Exploited Children.  

On March 17, 2015, agents from the Brevard County Sheriff’s Office executed a search warrant at Tatro’s residence, where he and the child victim were living. During the execution of the warrant, cellphones were recovered from Tatro’s pocket and his bedroom. A forensic examination of those phones led to the recovery of the explicit images and videos that Tatro had produced. During an interview with agents, Tatro admitted to producing the images and videos, and to sending them to others using the messenger app. 

In total, Tatro possessed 76 videos and 692 photographs of child pornography on his cellphones. A search of his online drive account revealed more than 1,000 stored images of child pornography. Several of the images in Tatro’s possession depicted children under the age of 12 being sexually abused and exploited.

This case was investigated by the Brevard County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.

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.        

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Chad Jason Lansford (31, Jacksonville) has pleaded guilty to advertising for child pornography. He faces a minimum mandatory penalty of 15 years, up to 30 years, in federal prison. Lansford has been in federal custody since his arrest on March 12, 2015.   

According to court documents, in January 2015, law enforcement officers responded to a complaint involving the mother of a nine-year-old girl who had found several sexually explicit images on her daughter’s social media account, including two images of her daughter. A review of the child’s iPod revealed online conversations between the girl and an individual later identified as Lansford. Further investigation revealed that on January 2, 2015, Lansford had sent the child images of his genitalia. During an online conversation that day, Lansford was advised that the child was nine years old. Despite this knowledge, he repeatedly requested that she take pornographic pictures of herself and send them to him. Eventually, the child complied with Lansford’s demands and produced and sent pornographic pictures of herself to him.

On March 12, 2015, law enforcement officers executed a federal search warrant at Lansford’s apartment. He was at the residence and admitted that he was the person who had engaged in the online conversations with the child. 

This case was investigated by the Federal Bureau of Investigation and the Jacksonville 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.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Derrick Bernard Farmer (40, Tampa) has pleaded guilty to possessing with the intent to distribute crack cocaine and possessing a firearm as a convicted felon. He faces a minimum mandatory term of 15 years, up to life, in federal prison. A sentencing date has not yet been set.

According to the plea agreement, during January 2016, Farmer served as the crack cocaine source for two individuals who then sold the drugs to an undercover detective. On February 3, 2016, law enforcement executed a search warrant at Farmer’s apartment in Tampa and found crack cocaine, drug paraphernalia, and three firearms. Farmer had multiple prior felony drug convictions and therefore is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.

This is another case prosecuted as part of the Department of Justice’s Project Safe Neighborhoods (PSN) Comprehensive Anti-Gang Initiative (CAGI). The program’s objective is to reduce criminal gangs, violent crime, illegal drugs, and guns through combined enforcement, prosecution, prevention, and re-entry efforts.

Tampa, FL – U.S. District Judge James D. Whittemore has sentenced Donald Daniel Robinson (30, Tampa) to 50 years in federal prison for producing, possessing, and distributing child pornography. He pleaded guilty on February 16, 2016.

According to court documents, the Florida Department of Law Enforcement (FDLE) began an investigation after receiving numerous tips from the National Center for Missing and Exploited Children concerning an Internet user at Robinson’s residence who had distributed files containing child pornography through various social networking websites. On July 8, 2015, agents from FDLE and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations executed a search warrant at Robinson’s home. Multiple images of child pornography, including images of local children, were found during the search.

According to victims and evidence obtained from Robinson’s phone, Robinson had posed as a female online to coerce children to produce and send the explicit images to him. The images included minors engaged in sexually explicit conduct. Additionally, two victims told agents that Robinson had persuaded them to perform sex acts on him.

"This lengthy prison sentence is reflective of the heinous nature of the crime committed and a result of the hard work of our HSI special agents and FDLE," said Susan L. McCormick, special agent in charge of HSI Tampa. "This criminal stole the innocence of young children and HSI will do everything in our power to protect our children and bring to justice those involved in these despicable crimes.”

“This case puts into perspective that crimes like this begin with live victims who are children,” said Tom Foy, FDLE Tampa’s Special Agent in Charge. “The suspect in this case manipulated children for his benefit. FDLE and HSI will continue this effort to protect our children from those who would use their innocence and youth for their advantage and criminal activity.”

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Amanda C. Kaiser.

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.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of a superseding indictment charging Shaquana Quenella Brookins (31, Jacksonville) with two counts of sex trafficking by force, fraud, and coercion; one count of conspiracy to distribute “crack” cocaine; on count of maintaining a drug-involved premise; and two counts of possession of a firearm by a convicted felon. If convicted on all counts, she faces up to life in federal prison. The indictment also notifies Brookins that the United States intends to forfeit any assets alleged to be traceable proceeds of the offense. 

According to the indictment, at various times in 2014 and 2015, Brookins used force, threats of force, fraud, and coercion to cause her victims to engage in commercial sex acts; conspired with others to manufacture and distribute cocaine base, commonly known as “crack” cocaine; maintained a place for the purpose of manufacturing, distributing, and using controlled substances, including cocaine, crack cocaine, and heroin; and unlawfully possessed three firearms after being previously convicted of felonies.

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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Jacksonville Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Laura Cofer Taylor.

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.

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.

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.

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. 

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.

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.

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.

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.

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.

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.

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.

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, 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. 

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, 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.

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.

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.

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.

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, 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.