Middle District of Florida
Press releases recorded for this federal judicial district.
Former Real Estate Associate Sentenced to Federal Prison for His Role Tampa Mortgage SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Joseph Pasquale (39, Worcester, MA) to four years and nine months in federal prison for conspiracy to commit bank fraud and bank fraud. A federal jury found him guilty in January 2016.
According to testimony and evidence presented at trial, Pasquale worked as a real estate sales associate for a brokerage based in Cape Coral. Between October 2007 and March 2008, he was involved in the negotiation and sale of four condominium units at the Arbors of Carrollwood, to clients in California and Massachusetts. Pasquale engaged in a conspiracy to conceal sales incentives from mortgage lenders, which these clients received from the seller, along with private loans that Pasquale made to the buyer-clients enabling them to bring cash to their respective real estate closings. As a consequence of his actions, Pasquale helped to cause a loss of approximately $937,000 to Wells Fargo Bank when the mortgages involved in the case went into foreclosure.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency - Office of Inspector General. It was prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay L. Hoffer.
Federal Jury Convicts Fort Myers Man of Heroin TraffickingRead the Press Release
Fort Myers, FL – United States Attorney A. Lee Bentley, III announces that a federal jury today found Norris Williams (45, Fort Myers) guilty of three counts of possession with intent to distribute heroin and one count of attempting to possess with intent to distribute one kilogram or more of heroin. He faces a minimum mandatory penalty of 10 years, up to life, in federal prison. The sentencing is scheduled for July 5, 2016.
According to evidence presented at trial, Williams, a nine-time convicted felon, sold heroin to an undercover officer on three occasions between November 2014 and February 2015. Williams had also attempted to purchase a one kilogram brick of heroin from an undercover officer in October 2015. He had negotiated a price of $75,000 for that kilogram brick; $50,000 cash up front and a promise to pay the balance at a later date. When he met the undercover officer in a parking lot to complete that transaction, he handed the officer a shoebox containing $49,900.
This case was investigated by the Drug Enforcement Administration’s Fort Myers Resident Office, with assistance from the Cape Coral Police Department and the Lee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Charles Schmitz and David G. Lazarus.
Federal Jury Convicts Auburndale Man of Methamphetamine Trafficking ConspiracyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Thomas Kohler (58, Auburndale) guilty of conspiring to possess 500 grams or more of methamphetamine with the intent to distribute it. He faces a minimum mandatory penalty of 10 years, up to life, in federal prison. The sentencing hearing is scheduled for July 1, 2016.
According to evidence presented at trial, Kohler was part of a conspiracy involving the Isaias Villa drug trafficking organization to distribute high-purity methamphetamine in Polk County. Isaias Villa received kilogram quantities of methamphetamine from the Atlanta area and then supplied it to dealers in Polk County. From at least early 2015 through September 9, 2015, Kohler was involved with Isaias Villa in at least two of these trips to Georgia. He also conspired to collect approximately $82,000 in drug proceeds and, on September 8, 2015, delivered a kilogram of methamphetamine to a coconspirator.
To date, the investigation has resulted in the federal convictions of five individuals and the seizure of approximately two kilograms of methamphetamine, more than $100,000 in U.S. currency, and homemade explosives.
This case was investigated by the Drug Enforcement Administration and the Polk County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Dan Baeza.
Tampa Man Sentenced to More Than Five Years in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Major Dixon to five years and one month in federal prison for his role in a stolen identity refund fraud scheme. As part of his sentence, the Court also ordered him to pay $129,505.33 in restitution to the Internal Revenue Service. Dixon pleaded guilty on December 11, 2015.
According to court documents, between February and September 2012, Dixon and others filed false and fraudulent income tax returns in the names of others, including deceased individuals. In these fraudulent returns, the conspirators represented that they were entitled to the refunds and requested that the IRS direct the funds to accounts the conspirators had established in their respective names at various local financial institutions.
Four others were charged and previously pleaded guilty for their roles in this conspiracy. Sonja Lang was sentenced to time served and was ordered to pay $37,158.04 in restitution to the IRS. Rosea Armstrong was sentenced to 36 months’ probation and was ordered to pay $46,641.59 in restitution to the IRS. Arthur Murray was sentenced to 21 months in federal prison and was ordered to pay $19,235.10 in restitution to the IRS. Finally, Lasia Maxwell will be sentenced on June 2, 2016.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Orlando Man Sentenced to over Thirteen Years for Firing on Police OfficersRead the Press Release
Orlando, FL – U.S. District Judge Carlos E. Mendoza today sentenced Johan O. Lopez (29, Orlando) to 13 years in federal prison for possessing with intent to distribute marijuana and discharging a firearm in furtherance of a drug trafficking offense. He pleaded guilty on January 19, 2016.
According to court documents, on May 29, 2015, officers from the Orlando Police Department executed a search warrant at Lopez’s downtown Orlando residence. Prior to entering, the officers announced themselves and the fact they had a search warrant. As the officers entered Lopez’s apartment, Lopez fired two gunshots. The officers found Lopez next to a handgun, which appeared to have an unused round jammed in the firing chamber. They also found approximately one pound of marijuana in Lopez’s residence.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Federal Jury Convicts St. Johns County I.T. Specialist of Attempted Online Enticement of A Minor, Advertising for Child Pornography, and Attempted Production of Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Jon Christopher Stoune (44, Jacksonville) guilty of attempted online enticement of a child to engage in illegal sexual activity, advertising for child pornography, and attempted production of child pornography. On the attempted enticement count, Stoune faces a minimum mandatory penalty of 10 years, up to life, in prison. He faces a minimum mandatory penalty of 15 years, up to 30 years, in federal prison for each of the other charges. His sentencing hearing is scheduled for June 20, 2016.
According to evidence presented at trial, during March and April 2015, Stoune engaged in a series of online conversations with a person whom he believed to be a 14-year-old child. The "child" was actually a detective from the St. Johns County Sheriff’s Office. During the course of these conversations, Stoune discussed in detail his desire to have sex with and obtain pornographic pictures of the “child.” On April 21, 2015, Stoune drove to St. Augustine Beach to meet the “child” for sex. He was arrested at the meeting location by officers from the St. Johns County Sheriff's Office. Officers recovered a digital camera, several sex toys, and condoms from Stoune’s pants pocket. A search of his vehicle revealed, among other things, a backpack containing a leather whip, a wooden paddle, a billy club, nylon restraints, and other items designed for use in sadomasochistic activity.
This case was investigated by the St. Johns County Sheriff’s Office, the Volusia County Sheriff’s Office, the St. Augustine Beach Police Department, and the Federal Bureau of Investigation. 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.
Delray Beach Man Sentenced for Making and Possessing Counterfeit CurrencyRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Jaret Santa (26, Delray Beach) to one year and one day in federal prison for his role in a conspiracy to make, possess, and pass counterfeit Federal Reserve notes. As part of his sentence, the Court also ordered him to pay $3800 in restitution to his victims. Santa pleaded guilty on October 6, 2015.
According to court documents, in January and February 2015, Santa passed counterfeit $100 bills at various retail locations in southwest Florida. Law enforcement officers apprehended Santa and his co-conspirator, Peter Bonfiglio, after they had just paid for merchandise using a counterfeit $100 bill. Following their arrests, deputies located $4600 in counterfeit $100 bills in Santa’s car.
Bonfiglio (29, North Port) previously pleaded guilty and was sentenced to two years and one month in federal prison for his role in this case.
This case was investigated by the United States Secret Service, with assistance from the Charlotte County Sheriff’s Office and the Sarasota County Sherriff’s Offices. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
U.S. Central Command Employee Arrested for Attempted Enticement of A Child for SexRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the arrest of Philip Carl Olsen (55, Lithia) with attempted enticement of a child for illegal sexual activity.
According to Court documents, between April 1, 2016, and April 5, 2016, Olsen used a cell phone and computer to attempt to entice an individual he believed was 14 years old to engage in illegal sexual acts, but who was actually an undercover agent. During the chats, Olsen graphically discussed the sexual acts that he wanted to engage in with the “child” and sent the “child” a picture of his genitals. Olsen also asked the “child” to take a picture of his genitals and to send the picture to him. Olsen allegedly made plans to meet the “child” for sex, and on April 5, 2016, he drove to what he believed was the child’s residence and was arrested.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the U.S. Air Force - Office of Special Investigations. It will be prosecuted by Assistant United States Attorney Amanda C. Kaiser.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jury Convicts Palm Bay Man of Drug Trafficking and Firearm OffensesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found John Dwayne Riley (39, Palm Bay) guilty of possessing more than 500 grams of cocaine with the intent to distribute it, and possessing a firearm in furtherance of that drug-trafficking crime. He faces a mandatory minimum penalty of 10 years, up to 40 years, in federal prison. The sentencing hearing is set for June 23, 2016. Riley was indicted on November 18, 2015.
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 recovered a loaded handgun 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 is being prosecuted by Assistant United States Attorney Embry J. Kidd.
Polk County Man Charged in Mortgage Fraud SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Stevie McDonald (41, Winter Haven) with multiple counts of bank fraud and a conspiracy to commit bank fraud. If convicted on all counts, he faces a maximum penalty of 30 years in federal prison for each count. The indictment also notifies the defendant that the United States is seeking a money judgment in the amount of $509,221, the approximate loss amount that the financial institutions sustained in this case.
According to the indictment, McDonald participated in a conspiracy to defraud federally insured financial institutions in connection with multiple residential mortgage loans made by JP Morgan Chase Bank and Washington Mutual Bank. Along with others, McDonald was involved in the submission of false and fraudulent information to the lenders, which induced the lenders to make the mortgage loans. Subsequently, the recipients of these loans defaulted on those mortgages and the banks sustained losses of approximately $509,221.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Jay L. Hoffer.
Federal Jury Convicts Three Mexican Nationals in Plan to Smuggle over $150,000,000 Worth of CocaineRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Lucio Molina Marroquin (38, Mexico), Robison Perez Montez (39, Mexico), and Javier Noyola Ruiz (40, Mexico) guilty of conspiring to possess five kilograms or more of cocaine with the intent distribute it while onboard a vessel subject to the jurisdiction of the United States. Each faces a mandatory minimum penalty of ten years, up to life, in federal prison. A sentencing hearing has been set for July 1, 2016.
According to evidence presented at trial, on July 6, 2015, a self-propelled semi-submersible (SPSS) vessel piloted by four Colombian nationals departed Colombia with more than 6,000 kilograms of cocaine. The vessel then traveled over 1,000 miles before arriving at its final destination, a point 200 nautical miles south of Puerto Escondido, Mexico. The vessel waited there for Mexican vessels to arrive to offload the drugs at sea.
Marroquin, Montez, and Ruiz were members of an advance team sent to verify the SPSS vessel’s arrival, check for law enforcement presence in the area, and then contact the organizers in Mexico so additional boats could be sent to rendezvous with the SPSS vessel and offload the cocaine. On July 18, 2015, before the offload could occur, the SPSS vessel was detected by a United States maritime patrol aircraft and interdicted by a boarding team from United States Coast Guard Cutter STRATTON.
This case was investigated by the Panama Express South Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF), comprised of agents and analysts from the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, the United States Coast Guard Investigative Service, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. This case is being prosecuted by Special Assistant United States Attorney James Zoll and Assistant United States Attorney Christopher F. Murray.
Realtor Sentenced to Prison for Defrauding Vacationers Out of More Than $200,000Read the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Michael Carleton (53, Bradenton) to 21 months in federal prison for mail fraud. As part of his sentence, the Court also entered a money judgment in the amount of $200,000, which constitutes the proceeds of the mail fraud. In addition, the Court entered an order requiring Carleton to pay restitution to the identified victims of the offense in the total amount of $136,098.96.
Carleton pleaded guilty on November 25, 2015.
According to court documents, from at least April 2012 through July, 2013, more than 70 individuals and families had entered into rental contracts via email with Carleton to rent vacation properties on Anna Maria Island. The contracts called for the renters to pay for the rental period prior to taking possession of the property. As the vacation rental dates approached, many victims were contacted by Carleton and given various excuses for why they could not be placed in their rental property, including that the properties needed repairs, or that he was filing bankruptcy and all monies needed to be secured by the trustee. In some cases, the victims (accompanied by family or friends) physically arrived at the rental properties, only to find another family already utilizing the property. In many cases, Carleton would rent and receive up-front payment from numerous renters for the same rental properties, for the same period of time. Victims arrived in Florida from all over the country, including one victim from as far away as Germany.
Over the course of the scheme, Carleton fraudulently received more than $200,000 from his victims. Some ultimately received refunds, only after threatening to or actually contacting the properties’ owners, or the Holmes Beach Police Department.
This case was investigated by the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Rachel Jones.
Local Drug Dealers Plead GuiltyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Jeffrey Nielsen Zaccanti (29, Tampa) and Sadena Ann Raynor (36, Tampa) have pleaded guilty to conspiracy to distribute crack cocaine and distributing crack cocaine, respectively. Zaccanti faces a mandatory minimum penalty of 5 years, up to a maximum penalty of 40 years in federal prison. Raynor faces a maximum penalty of 20 years’ imprisonment.
According to the plea agreements, on three separate occasions in January 2016, Zaccanti and Raynor sold crack cocaine to an undercover detective from the Hillsborough County Sheriff’s Office. The transactions occurred in the parking lot of a Tampa apartment complex. On each occasion, Raynor arranged the transaction, and then either Zaccanti or Raynor completed the transaction with the undercover detective.
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 a 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.
Federal Jury Convicts International Drug Trafficker of Failing to Appear for His 1999 SentencingRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Ralph Georg Toni Martin, a/k/a Mirko Dominic Martin, (46, Würzburg, Germany) guilty of failure to appear for his sentencing in a federal drug case, after being released on bail by order of the Court. He faces a maximum penalty of 10 years in federal prison, consecutive to a federal prison sentence of over 8 years that Martin has already been ordered to serve by the Court in his underlying drug case. A sentencing hearing is scheduled for June 22, 2016.
Martin was indicted on December 16, 2015.
According to evidence presented at trial, on August 31, 1998, Martin was arrested by the Drug Enforcement Administration for his role in an international MDMA (Ecstasy) ring that imported MDMA into the United States from Europe, and distributed the drugs in the Orlando area. After Martin’s arrest, the Court ordered his release on bail, with the standard release condition that he appear at any and all future proceedings in his case. On October 15, 1998, at a hearing before the Court, Martin pleaded guilty to conspiracy to possess with intent to distribute MDMA, importation of MDMA, and conspiracy to commit money laundering. He was then advised of a sentencing date of January 20, 1999. Martin did not appear for his sentencing and was a fugitive from justice for over 16 years. During this period, he was able to avoid apprehension by law enforcement, living in California and New Jersey.
On September 18, 2015, Martin was arrested by local law enforcement in Bayonne, New Jersey. Martin has already been sentenced to 97 months for the charges to which he pled guilty in 1998.
This case was investigated by the United States Marshals Service, with assistance from the Orange County Sheriff’s Office and the Bayonne, New Jersey Police Department. It is being prosecuted by Assistant United States Attorneys Andrew C. Searle and Sean Shecter.
Florida Man Indicted on Federal Bank and Wire Fraud ChargesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Leigh Farrington Fiske (52, formerly of Tampa) with three counts of bank fraud and seven counts of wire fraud affecting a financial institution. If convicted on all counts, he faces a maximum penalty of 30 years in federal prison.
According to the indictment, Fiske opened a business trust account at a national financial institution’s local branch, in Tampa, for a shell company that he controlled. Beginning in June 2010, Fiske deposited or assisted in depositing multiple checks that had purportedly been written to his company by legitimate third-party businesses and financial institutions. In fact, none of the deposited checks were genuine; all had been counterfeited or altered. After the fraudulently obtained funds posted to the account, Fiske would quickly move the money offshore, wire it to accounts held by other shell companies that he controlled, and make withdrawals and other transfers for his own benefit. The intended loss of the scheme was over $485,000.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Office of the Special Inspector General for the Troubled Asset Relief Program and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Eric K. Gerard.
Federal Workers Compensation Kickback Conspirators Plead GuiltyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Tampa residents Lenin Perez and Lois Luis (a/k/a Ireno Delgado) pleaded guilty to conspiracy and kickbacks. Each faces a maximum penalty of five years in federal prison.
According to the plea agreements, Perez and Luis, who met in federal prison, conspired with each other and with others to pay kickbacks to Perez for his referring injured federal workers receiving care through the federal workers compensation program to AmeriMed Diagnostic Services, Inc., a company substantially run by Luis. In 2007, while in prison together in Alabama, Luis and Perez discussed Perez sending injured federal workers to Luis for treatment. In exchange for the referrals, Perez was supposed to receive 15-20% of the profits from AmeriMed. The amount of the kickbacks paid to Perez during the course of the conspiracy exceeded $1 million, including approximately $250,000 that was paid to Perez’s daughter for an essentially “no-show,” part-time marketing job that was actually substantially passed through her to Perez.
This case was investigated by the U.S. Department of Labor’s Office of Labor Racketeering and Fraud Investigations, the U.S. Postal Service’s Office of the Inspector General, the U.S. Department of Veterans Affairs’ Office of the Inspector General, the U.S. Department of Homeland Security’s Office of the Inspector General, the U.S. Marshals Service, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Thomas N. Palermo.
Miami Attorney Pleads Guilty to Conspiracy to Commit Bank FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Angel Garcia-Oliver (49, Miami) today pleaded guilty to conspiracy to commit bank and wire fraud. He faces a maximum penalty of 30 years in federal prison.
According to the plea agreement, Garcia-Oliver was the principal of Garcia-Oliver & Mainieri, P.A., a law firm located in Coral Gables. Tribute Residential, LLC, which was owned by a co-conspirator, owned and sold multiple communities. Garcia-Oliver, or employees working at his direction, served as settlement agents and conducted dozens of real estate closings for condominium units owned by Tribute, including Cypress Pointe in Orlando and the Villas at Lakeside in Oviedo.
To attract buyers to these communities, co-conspirators advertised that Tribute would pay the mortgage and homeowners= association dues for the buyer during the first two years of occupancy. In addition, buyers were promised that renters, who would pay rent that would equal the mortgage and HOA payments, were ready to live in the units. Other incentives, at times, included upfront cash for the buyers to close on the unit and/or kickbacks to buyers after closing. In each of these transactions, the HUD-1 Settlement Statement contained falsified information regarding the down payment actually paid by the buyers.
In order to conceal from the mortgage lenders that Tribute, or entities controlled by other co-conspirators, provided the cash to close and other undisclosed incentives to buyers, Garcia-Oliver formed CSF Management LLC. CSF’s bank accounts received monies from Tribute. Those funds were eventually paid to the buyers and entities controlled by other co-conspirators. The fact that co-conspirators were paying the cash to close, and other incentives to the buyers through CSF, was not disclosed to the lenders on the HUD-1 Settlement Statement.
In order to conceal from the mortgage lenders that Tribute was paying undisclosed leaseback payments (“kickbacks”) to buyers, Garcia-Oliver formed Southeast Administration Group, LLC. He used the Southeast Administration bank accounts to pay kickbacks to borrowers, which were also not disclosed to the mortgage lenders.
The losses suffered by the mortgage lenders that are attributable to Garcia-Oliver’s conduct exceed $8.25 million.
This case was investigated by the Federal Bureau of Investigation, the Florida Office of Financial Regulation, and the Federal Housing Finance Agency - Office of Inspector General. It is being prosecuted by Assistant United States Attorney Vincent Chiu and Special Assistant United States Attorney Chris Poor.
Gibsonton Couple Pleads Guilty to Stolen Identity Refund Fraud ChargesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Ynessa Brown and Thelonius Robertson today pleaded guilty to conspiring to commit tax fraud and aggravated identity theft. Each faces a maximum penalty of five years in federal prison for the conspiracy charge, to be followed by two years in federal prison for the identity theft charge. Robertson and Brown have agreed to make full restitution and pay a money judgment of $767,398, the proceeds of the conspiracy.
According to court documents, between January 2012 and June 2013, Brown and Robertson used stolen identities to electronically file false and fraudulent tax returns. Many of those false tax returns were filed jointly, in two names, and in many cases, one or both victims was deceased.
Brown and Robertson directed the refunds from the fraudulent filings to debit cards, many in other people’s names. The debit cards were sent directly to Brown and Robertson, as well as to their friends and family, and to vacant addresses. Brown and Robertson spent the fraudulently obtained tax refund money at various retail locations and also obtained cash via ATM withdrawals. In total, Brown and Robertson filed false tax returns requesting more than $2.7 million from the IRS.
This case was brought as part of the Tampa Bay Identity Theft Alliance, an initiative dedicated to combating the scheme of using stolen identities to file fraudulent federal income tax refund claims. It was investigated by the Hillsborough County Sheriff’s Office and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Kelley C. Howard-Allen is prosecuting the case.
Orlando Woman Indicted for Scheme to Allow Construction Contractors to Conceal the Employment of Undocumented Aliens and Evade Workers’ Compensation and Payroll TaxesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Orquidea Quezada (48, Orlando) with 49 counts of wire fraud and one count of operating as an unlicensed money transmitter. Each wire fraud count carries a maximum penalty of 20 years in federal prison. The money transmitting count carries a maximum penalty of 5 years’ imprisonment. The indictment also notifies Quezada that the United States intends to seek forfeiture in the amount of $870,000, which is the approximate amount she made from the alleged scheme. Quezada was arrested on Saturday, March 26, 2016, by special agents from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and taskforce officers from Seminole and Orange Counties.
According to the indictment, between May 2013 and May 2016, Quezada (doing business as Orquicely Construction, LLC) applied for workers’ compensation insurance policies to cover two to seven employees, and an annual payroll of about $100,000. The insurance companies issued the policies for annual premiums based on the payroll information set forth in the applications.
Quezada then “rented” the insurance policies to numerous construction subcontractors who employed hundreds of workers, many of whom were undocumented aliens. To do so, she directed her insurance agent to e-mail the subcontractors a certificate of insurance that implied the insurance would cover their workers. The subcontractors wrote payroll checks to Orquicely Construction for work performed by their employees. Quezada then cashed those checks and paid the subcontractors’ employees in cash, through work crew leaders. Quezada kept five percent of each check as a fee for her services. Between May 2013 and November 2015, Quezada funneled approximately $17.4 million dollars to the subcontractors’ employees through her company.
Neither Orquicely Construction nor the subcontractors deducted state or federal taxes, such as for Medicare and Social Security, from the workers’ pay. The scheme allowed the subcontractors to avoid these taxes and workers’ compensation taxes, and to conceal their employment of undocumented aliens that were working illegally in the United States.
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 U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (Jacksonville and Orlando), the Internal Revenue Service – Criminal Investigation, and the Florida Department of Financial Services, Division of Insurance Fraud. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Jacksonville Woman Indicted for Sex Trafficking A MinorRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Lisa C. Glass (38, Jacksonville) with child sex trafficking. If convicted, she faces a mandatory minimum of 10 years, up to life, in federal prison.
According to the indictment, Glass recruited, enticed, harbored, transported, provided, and maintained a juvenile female for the purpose of engaging the girl in commercial sexual activity.
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 Northeast Florida Human Trafficking Task Force that includes investigators from the Jacksonville Sheriff’s Office and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Mac D. Heavener, III.
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.
Virginia Man Pleads Guilty to Assaulting A Flight Attendant on Jacksonville FlightRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Joseph Michael Sharkey (36, Reston, VA) has pleaded guilty to assault or intimidation of a flight attendant. He faces a maximum penalty of 20 years in federal prison. After pleading guilty yesterday, Sharkey was ordered to remain in custody pending a sentencing hearing, which has yet to be scheduled.
According to court documents, on January 31, 2016, Sharkey was a passenger on Jet Blue Flight 715 from Reagan National Airport in Washington, DC to Jacksonville International Airport (JIA). During the final 20 minutes of the flight, Sharkey attempted to place another passenger in a headlock. A flight attendant assisted that passenger and ordered Sharkey to take a seat. Sharkey at first complied but then kneed the flight attendant in the groin and stated that he was going to exit the airplane through an exit door. With the help of volunteers, the flight attendants subdued Sharkey and placed him in flex cuffs for the remainder of the flight. The airplane landed safely at JIA and Sharkey was removed from the flight by airport police.
This case was investigated by the Jacksonville Aviation Authority Police Department and the Jacksonville Office of the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Dale Campion.
Pasco Man Sentenced to Prison for Cross BurningRead the Press Release
Tampa, FL – U.S. Attorney A. Lee Bentley, III announced today that Pascual Carlos Pietri, 53, of Port Richey, Florida, was sentenced to 37 months in prison by U.S. District Judge Susan C. Bucklew of the Middle District of Florida for his role in a 2012 cross burning. He pleaded guilty on June 30, 2015, to one count of conspiring with others to threaten, intimidate and interfere with an interracial couple’s enjoyment of their housing rights.
“Cross burning remains a vicious symbol of hatred,” said U.S. Attorney Bentley. “All American families have the right to live where they choose, undisturbed by such racist threats. This prosecution sends a clear message that we will not tolerate hate crimes in our community.”
“Those who violently threaten others because of racial differences tear at the very fabric of our diverse American society,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The laws that protect our society leave no place for hate crimes.”
According to court documents, on Oct. 31, 2012, Pietri was living with another individual on Seward Drive in Port Richey in a predominantly white community. After an interracial couple moved next door, Pietri heard other neighbors make racial slurs and derogatory statements about African-Americans in general, and specifically the African-American neighbor.
On Halloween night, Pietri attended a party at a neighbor’s house, where several Seward Drive residents decided to burn a cross in the African-American man’s yard to intimidate him. Using wood and tools from the host of the Halloween party, Pietri’s co-conspirators constructed a wooden cross and obtained gasoline to pour on the cross. Pietri and a co-conspirator then carried the cross to the victims’ front yard, leaned it against their mailbox and set the cross on fire. Pietri and the co-conspirators burned the cross in the victims’ yard in an effort to intimidate the interracial couple.
This case was investigated by the FBI. It was prosecuted by Assistant U.S. Attorneys Josephine W. Thomas and Simon A. Gaugush of the Middle District of Florida, and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.
Pasco County, Florida, Man Sentenced to Prison for Cross BurningRead the Press Release
The Justice Department announced that Pascual Carlos Pietri, 53, of Port Richey, Florida, was sentenced to 37 months in prison by U.S. District Judge Susan C. Bucklew of the Middle District of Florida for his role in a 2012 cross burning. He pleaded guilty on June 30, 2015, to one count of conspiring with others to threaten, intimidate and interfere with an interracial couple’s enjoyment of their housing rights.
“Those who violently threaten others because of racial differences tear at the very fabric of our diverse American society,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The laws that protect our society leave no place for hate crimes.”
“Cross burning remains a vicious symbol of hatred,” said U.S. Attorney A. Lee Bentley III. “All American families have the right to live where they choose, undisturbed by such racist threats. This prosecution sends a clear message that we will not tolerate hate crimes in our community.”
According to court documents, on Oct. 31, 2012, Pietri was living with another individual on Seward Drive in Port Richey in a predominantly white community. After an interracial couple moved next door, Pietri heard other neighbors make racial slurs and derogatory statements about African-Americans in general, and specifically the African-American neighbor.
On Halloween night, Pietri attended a party at a neighbor’s house, where several Seward Drive residents decided to burn a cross in the African-American man’s yard to intimidate him. Using wood and tools from the host of the Halloween party, Pietri’s co-conspirators constructed a wooden cross and obtained gasoline to pour on the cross. Pietri and a co-conspirator then carried the cross to the victims’ front yard, leaned it against their mailbox and set the cross on fire. Pietri and the co-conspirators burned the cross in the victims’ yard in an effort to intimidate the interracial couple.
This case was investigated by the FBI. It was prosecuted by Assistant U.S. Attorneys Josephine W. Thomas and Simon A. Gaugush of the Middle District of Florida, and Trial Attorney William E. Nolan of the Civil Rights Division’s Criminal Section.
Colombian Man Pleads Guilty to Drug ChargeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Anderson Bryan Lever (39, Colombia, South America) today pleaded guilty to conspiring with others to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison.
According to the plea agreement, on multiple occasions between 2009 and 2013, Lever worked with others to smuggle cocaine into the United States. He repeatedly dispatched cocaine-laden vessels, carrying between 550 and 1,000 kilograms of cocaine, from San Andres Island (SAI), Colombia to Honduras. On each occasion, Lever recruited and paid at least four mariners per vessel.
Lever’s co-conspirators received the cocaine shipments in Honduras and then provided bales of United States currency (containing as much as $500,000 each) to the mariners who had just smuggled the cocaine. The mariners then smuggled the money back to Lever, and the cocaine was transferred to others for eventual unlawful importation into the United States. In total, the mariners Lever hired Lever successfully smuggled in excess of 10,000 kilograms of cocaine.
Lever was arrested on SAI, Colombia, and subsequently extradited to the United States.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) investigation, comprised of agents and analysts from the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, the United States Coast Guard Investigative Service, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. This case is being prosecuted by Assistant United States Attorney Christopher F. Murray. The Office of International Affairs, Department of Justice, assisted with Lever’s extradition from Colombia.
Bonita Springs Man Sentenced to 8 Years in Federal Prison for Distributing Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge John E. Steele has sentenced Christopher Hall (45, Bonita Springs) to eight years in federal prison for distributing child pornography. The Court also ordered him to forfeit the computers he had used to commit the offense. Hall pleaded guilty on November 30, 2015.
According to court documents, on May 9, 2014, an undercover FBI Task Force agent discovered that Hall was sharing child pornography using a peer-to-peer file sharing network. A federal search warrant was then executed at Hall’s residence and his computers were seized. Forensic analyses subsequently revealed more than 2,500 images of child pornography and 9 videos depicting child pornography on those computers. Hall admitted that he had lived alone and was the only person who had used his computers, and that he never shared his secured Internet connection with anyone. He stated that he began downloading child pornography ten years ago.
This case was investigated by the Federal Bureau of Investigation, FBI Child Exploitation Task Force. It was prosecuted by Assistant United States Attorney Charles D. Schmitz.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orlando Pharmacist Convicted of Illegally Dispensing OxycodoneRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury found Valentine Okonkwo (54, Orlando) guilty of 1 count of conspiracy to distribute and dispense oxycodone outside the usual course of professional practice and without a legitimate medical purpose and 10 counts of dispensing and distributing oxycodone outside the usual course of professional practice and without a legitimate medical purpose. Okonkwo faces a maximum penalty of 20 years in federal prison on each count. His sentencing hearing has been set for June 22, 2016.
According to evidence presented during the 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 a piece 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.
Florida Audiologist Sentenced to 94 Months in Prison in Multimillion-Dollar Health Care Fraud and Money Laundering SchemeRead the Press Release
A Florida audiologist was sentenced to 94 months in prison today for her role in a multimillion-dollar health care fraud and money laundering scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office and Special Agent in Charge Paul Wysopal of the FBI’s Tampa, Florida, Field Office made the announcement.
Terri L. Schneider, 57, of Lakeland, Florida, was sentenced by U.S. District Judge Steven D. Merryday of the Middle District of Florida, who also ordered Schneider to pay$$2,512,460.27 in restitution, joint and several. In December 2015, a jury in Tampa found Schneider and co-conspirator David Brock Lovelace guilty on all charges, which included conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to commit money laundering, money laundering and aggravated identity theft. On March 7, Lovelace was sentenced to 174 months in prison and ordered to pay $2,512,460.27 in restitution, joint and several.
According to evidence presented at trial, from approximately June 2010 through approximately May 2014, Schneider and her co-conspirators used three purported medical clinics in Florida, Cornerstone Health Specialists, Summit Health Specialists and Coastal Health Specialists, to submit approximately $12,351,046 in false and fraudulent claims to Medicare seeking reimbursement for radiology, audiology, cardiology and neurology services. Medicare paid approximately $2,848,424 in reimbursement on the fraudulent claims. The evidence showed that Schneider and her co-conspirators used forged and falsified documents in the Medicare enrollment process for the medical clinics that they operated under false pretenses, and billed Medicare for services that had not been rendered by physicians. The co-conspirators also paid illegal kickbacks in exchange for access to Medicare patients and Medicare patient information used in the fraud scheme, the evidence showed.
HHS-OIG and the FBI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Middle District of Florida. Senior Fraud Section Trial Attorney Christopher J. Hunter is prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to www.stopmedicarefraud.gov.
Postal Employee Indicted for Theft of More Than $2 Million in Social Security ChecksRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Stacy Darnell Mitchell (48, Tampa) with theft of government property and theft of mail. If convicted on all counts, he faces a maximum penalty of 15 years in federal prison.
According to the indictment, between in or about January 2012 and in or about October 2012, Mitchell stole Social Security benefits checks worth more than $1,000 from the mail. Richard Lee Anderson, an accomplice of Mitchell who received the checks, recently pleaded guilty to related charges. According to Anderson’s plea agreement, he received benefit checks totaling at least $2,275,000 during the relevant time period. Mitchell worked at the Processing and Distribution Center facility in St. Petersburg.
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 Social Security Administration - Office of the Inspector General, the U.S. Postal Service - Office of Inspector General, the U.S. Postal Inspection Service, and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Patrick Scruggs.
North Miami Man Sentenced to Five Years for Identity Fraud and Tax Fraud SchemeRead the Press Release
Orlando, Florida – U.S. District Judge John Antoon II today sentenced Joseph A. Johns to 5 years in federal prison for possession of 15 or more fraudulent debit cards and aggravated identity fraud. He pleaded guilty on October 19, 2015.
According to court documents, in February 19, 2012, Osceola County Sheriff’s Office deputies stopped Johns’s vehicle because of an active arrest warrant. During the stop, Johns gave deputies consent to search his car, during which they found ledgers containing Personal Identifying Information (PII), including the Social Security numbers, dates of birth, and bank account numbers of hundreds of individuals. Deputies also found approximately 197 debit cards in the names of various individuals, some of whose PII was contained in the ledgers. Further investigation revealed that Johns was using the victim information to file fraudulent tax returns and receive tax refunds in the victims’ names. Johns arranged for these tax refunds to be deposited onto prepaid debit cards in his possession.
Through this scheme, Johns obtained at least $158,425.65 in fraudulent federal tax refunds. He also received at least $15,914.70 in fraudulent state tax refunds from the state of Georgia.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation, and the Osceola County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Sanford Man Indicted on Federal Charges as Part of ATF and Sanford Police Violent Crime Reduction InitiativeRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Karl William Calhoun (40, Sanford) with being a felon in possession of a firearm. If convicted, he faces a maximum penalty of 10 years in federal prison. Calhoun is the first person federally charged as part of a new local violent crime reduction initiative – “Operation Ceasefire.”
On February 19, 2016, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Sanford Police Department, and federal and state prosecutors initiated “Operation Cease Fire” in the City of Sanford to target firearm offenses and drug crimes. The goal of the initiative is to investigate and prosecute repeat offenders to reduce violent crime in the City of Sanford.
According to the indictment, on February 17, 2016, in Seminole County, Calhoun was found to be in possession of a Beretta .25 caliber pistol. Prior to the incident, he had been twice convicted for aggravated assault, a felony. As such, he was prohibited from possessing a firearm or ammunition under federal law.
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.
Sanford Police Chief Cecil Smith stated, “I would like to thank the U.S. Attorney’s Office, the Seminole County State Attorney’s Office, and ATF for their combined efforts in assisting the Sanford Police Department in combating the gun violence within our community. It is our first goal to educate the community on how to remain safe, and secondly to arrest those who choose to continue violating the law.”
This case was investigated by ATF and the Sanford Police Department’s Neighborhood Response Unit. It will be prosecuted by Assistant United States Attorney Tiffany L. Cummins.
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. It is also a part of ATF’s Frontline strategy to reduce violent crime in our communities.
Jacksonville Man Found Guilty of Attempting to Assassinate A Federal District Judge and Multiple Federal Firearm OffensesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Aaron M. Richardson (27, Jacksonville) guilty of attempted murder of a United States District Judge, multiple federal firearm offenses, multiple false statements, failing to appear at scheduled court hearings, and impersonating a military officer. Richardson faces life in federal prison. His sentencing will be scheduled for a future date.
Richardson was indicted on September 25, 2013.
Judge Timothy 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.
This case was investigated by the FBI, the U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Jacksonville Sheriff’s Office, the Clay County Sheriff’s Office, the Daytona Beach Police Department, the Florida Department of Law Enforcement, and the State Attorneys’ Offices for the Fourth and Seventh Circuits. It is being prosecuted by Assistant United States Attorneys Mac D. Heavener, III and Mark B. Devereaux.
Atlantic Beach Attorney Pleads Guilty to EmbezzlementRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that William Reid Penuel (37, Ponte Vedra Beach) has pleaded guilty to embezzlement from a bankruptcy estate. He faces a maximum penalty of five years in federal prison and restitution estimated at approximately $151,000. A sentencing date has not yet been set.
According to court records, between March 2015 and July 2015, Penuel was serving as the Chapter 7 Trustee in a pending business bankruptcy case in Tallahassee, Florida when he embezzled estate funds held in a bank account, in Duval County. At the time, Penuel was a licensed attorney whose office was located in Atlantic Beach. After becoming the Chapter 7 Trustee for the debtor, Premier Bank Holding Company, Penuel assumed responsibility for approximately $909,000 in estate funds, which he deposited into his bank account. Penuel began diverting estate funds, which had been authorized by the bankruptcy court to pay certain expenses, to his own use. As the authorized signor on the estate bank account, Penuel made withdrawals and then re-deposited the monies into other accounts that he controlled. Once the funds were placed into his operating account, Penuel withdrew the funds. The scheme involved over 20 withdrawals from the estate bank account, totaling approximately $151,239.
This case was investigated by the Federal Bureau of Investigation – Jacksonville Office. It is being prosecuted by Assistant United States Attorney Dale Campion.
Naples Man Sentenced to More Than Six Years for Operating an $8 Million Investment SchemeRead the Press Release
Fort Myers, Florida – United States District Judge Sheri Polster Chappell today sentenced Dorian Garcia (31, Naples) to six years and six months in federal prison for wire fraud. As part of his sentence, Garcia will forfeit pieces of artwork that were purchased with proceeds of the fraud, along with a $10,000 retainer that he had paid to a law firm. The Court also entered a money judgment in the amount of $3,108,734.52, the proceeds of the scheme. Garcia will also be required to pay restitution in the amount of approximately $5 million, representing the approximate loss to victims. A restitution hearing has been scheduled for May 16, 2016.
According to the plea agreement, from February 2009 through April 2015, Garcia induced investors to provide money to him based on misrepresentations that he would invest their funds and guarantee their initial investment, as well as a specific rate of return over a defined term of the investment. As part of the scheme, Garcia presented investors with false bank statements indicating large account balances, when in fact the true amounts were a small fraction of what Garcia claimed to be in the accounts, and were insufficient to support the guarantees he had promised. Garcia facilitated the scheme through a number of companies that he controlled, including DG Wealth Management ("DG Wealth"), Macroquantum Capital LLC ("Macroquantum"), Commodity Projections and Predsyst LLC, and UKUSA Currency Fund LP ("UKUSA"). According to statements made during the sentencing hearing, Garcia solicited and received at least $8 million dollars from approximately 111 victims located throughout the United States. Garcia only repaid approximately $3,990,285.48 to any of the victims.
Garcia only invested a small portion of the funds provided by investors. After investors had provided him with money, Garcia continued to send them false trading statements reflecting that he had earned trading profits, when he had not. Instead, Garcia used a greater portion of investors’ funds to repay other investors by disguising new investments as trading profits. Garcia also used a significant portion of the invested funds for personal and business expenses, including artwork, rent, luxury car payments, domestic help, including a personal chef, jewelry, and dinner parties.
When investors began asking for their money back, Garcia provided a series of misrepresentations as to why he could not do that and often insisted that they sign new agreements falsely appearing to convert their investments into loans. In addition, Garcia encouraged investors to mislead others, including investigators, about the true nature of their investment with him, and encouraged them to falsely claim that they had made a loan to his companies when, in fact, they had provided Garcia money to invest on their behalf.
This case was investigated by the Federal Bureau of Investigation, with assistance from the United States Commodity Futures Trading Commission (Chicago, Illinois), and the State of Florida, Office of Financial Regulation. It is being prosecuted by Assistant United States Attorney David G. Lazarus.
The Commodity Futures Trading Commission (CFTC) offers a free online tool for potential public investors to conduct due diligence on potential financial counselors. CFTC SmartCheck provides easy access to free tools to check the background of financial professionals, and provides information on the latest fraud schemes. For more information, visit www.smartcheck.cftc.gov.
West Palm Beach Man Convicted of Illegally Transporting Undocumented AliensRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury found Yohany Hernandez-Hernandez (36, West Palm Beach) guilty of illegally transporting undocumented aliens. He faces a maximum penalty of 10 years in federal prison. A sentencing hearing is scheduled for July 20, 2016.
Hernandez-Hernandez was indicted on May 13, 2015.
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 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 U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Michael C. Baggé-Hernández.
Federal Jury Convicts A Serial Convenience Store RobberRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Joshua Anthony Rivera (28, Orlando) guilty of interfering with interstate commerce by robbery, brandishing a short-barreled shotgun in the course of committing those robberies, and possessing a firearm as a convicted felon. He faces a mandatory minimum term of 35 years, up to life, in federal prison. A sentencing hearing is scheduled for June 1, 2016. Rivera was indicted on August 26, 2015.
According to evidence presented at trial, between June 7 and June 17, 2015, Rivera robbed three convenience stores and a grocery store using a short-barreled shotgun. During the trial, victims of those robberies testified about their terrifying experiences, including one father whose young daughter had been with him during the robbery. In addition, surveillance videos revealed that the robber had worn some of the same articles of clothing during multiple robberies, particularly the same pair of athletic shoes. Trial evidence also showed that Rivera had used the same short-barreled shotgun during each robbery, and also had used the same Ford Expedition during at least two of the robberies.
When law enforcement officers arrested Rivera at his hotel, shortly after the last robbery, they found articles of clothing, the short-barreled shotgun, the Ford Expedition, and several other items matching those used during the robberies.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Hillsborough County Sheriff’s Office, the Plant City Police Department, the Manatee County Sheriff’s Office, and the Pasco County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Shauna S. Hale and Taylor G. Stout.
Cruise Ship Employee Sentenced to 10 Years for Drug SmugglingRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara today sentenced Desrick Gordon (23, St. Vincent and the Grenadines) to 10 years in federal prison for conspiracy to possess with intent to distribute 5 kilograms or more of cocaine. The Court also ordered him to forfeit $53,369, which is traceable to proceeds of the offense. A jury found Gordon guilty on December 16, 2015.
According to evidence presented at trial, Gordon was part of a drug distribution ring that imported cocaine from Roatan, Honduras using cruise ship employees at several ports of call in the United States. Gordon, along with five other crewmen from Norwegian Cruise Line, received packages of cocaine from a source of supply in Honduras while the cruise ship was docked there. The packages ranged from 750 grams to a full kilogram of cocaine.
Once the ship had docked in Tampa, the crewmen gathered at a restaurant near the port to remove their secreted cocaine packages. They then met with two local drug traffickers, who had ties to the Honduran source of supply, to provide them with the packages of cocaine. The two local traffickers were stopped by law enforcement after leaving the Channelside District. Agents seized 10 packages of cocaine with a total weight of more than 7.5 kilograms. In addition, agents seized $53,369 from the crewmen.
“The strong sentencing in this case is the culmination of great investigative casework conducted by Homeland Security Investigations special agents and highlights our joint efforts with our many law enforcement partners to keep our communities safe by preventing criminals from transporting dangerous narcotics into our country,” said Susan L. McCormick, special agent in charge of HSI Tampa.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorneys Shauna S. Hale and Gregory Nolan.
Additional Federal Child Exploitation Charges for Former Live Oak Police SergeantRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that a federal grand jury has returned a superseding indictment against Kyle Adam Kirby (35, Live Oak) charging him with production, attempted production, and possession of child pornography. If convicted, he faces a mandatory minimum penalty of 15 years, up to 30 years, in federal prison on each of the production and attempted production charges, and up to 30 years’ imprisonment on each of the possession charges. Kirby was arrested on October 27, 2015, and is being detained pending his trial. His arraignment on the superseding indictment is scheduled for March 24, 2016.
According to court documents, FBI agents and other law enforcement officers executed a federal search warrant at Kirby’s residence as the result of an online child pornography investigation. That same morning, the Live Oak police chief authorized the agents to inspect and search the computer located inside Kirby’s patrol car. A forensic examination of the patrol car computer used by Kirby revealed that it contained images depicting minor children engaged in sexually explicit conduct.
A superseding 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 until, and unless, proven guilty.
This case was investigated by the Federal Bureau of Investigation, 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.
This 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.
Nassau County Man Sentenced to More Than Five Years for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, FL – Senior United States District Judge Harvey E. Schlesinger has sentenced Jeremy Chris Cartrette (39, Yulee) to five years and six months in federal prison for receiving child pornography over the Internet. He also was ordered to forfeit his computer media and, upon his release from prison, to serve a 15-year term of supervision and register as a sex offender.
According to court documents, during an undercover FBI task force investigation, an officer connected to a host computer and downloaded several images of child pornography. Further investigation traced the host computer to Cartrette’s residence.
On June 19, 2015, law enforcement officers executed a federal search warrant at Cartrette’s home and seized a laptop computer and an external hard drive. During an interview, Cartrette stated that he began downloading child pornography “a couple of years ago,” and that he had tried to quit before but that he “always comes back to it.” Forensic analyses of Cartrette’s computer media revealed at least 7 videos and 19 images of child pornography.
This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, and the Nassau County Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Man Sentenced to Federal Prison for Aggravated Identity TheftRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Travis Ware (24, Jacksonville) to two years in federal prison for his role in an identity theft and counterfeit check scheme. He pleaded guilty on November 12, 2015.
According to court documents, on November 23, 2014, troopers with the Florida Highway Patrol pulled over a vehicle occupied by Ware and co-defendants David Lee Mitchell and Hezekiah Williams. During the traffic stop, the troopers observed marijuana inside the SUV. A search of the vehicle revealed 25 counterfeit business checks made out to various individuals and 15 forms of identification from 7 different people. Many of the names on the identification documents matched those printed on the counterfeit checks. Further investigation determined that Ware, Mitchell, and Williams had been driving around three days earlier attempting to fraudulently cash the counterfeit checks and recruiting others to use the ids to cash the checks.
On October 2, 2015, Mitchell and Williams pleaded guilty to attempted bank fraud, possession of counterfeit business checks, and aggravated identity theft. They remain in federal custody pending a sentencing date.
This case was investigated by the Florida Highway Patrol and the United States Secret Service, Jacksonville Field Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Former Seminole County High School Teacher Sentenced to 27 Years on Federal Child Exploitation ChargesRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Gregory A. Vaughn (59, Seminole County) to 27 years in federal prison for enticement of a minor and production of child pornography. He received a concurrent sentence of 20 years' imprisonment for receiving child pornography. Vaughn must serve a life term of supervision following his release and register as a sex offender. The Court also ordered Vaughn to pay $7,500 in restitution.
According to court records, during a span of two years, Vaughn groomed and persuaded a minor to produce and send him explicit images. He informed the girl that he wanted to pay for the pictures, and he structured a pay chart for the types of photos she should take and send to him. Vaughn mailed the girl money, books, candy, clothes, underwear, and makeup in exchange for the pictures she had sent to him.
Vaughn’s cellphone and computer were searched pursuant to a state search warrant and agents were able to recover images of the victim and other children from his computer. Agents also interviewed another victim, who also had been groomed and enticed into producing child pornography by Vaughn.
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 the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
North Fort Myers Felon Sentenced to Federal Prison for Possessing A Firearm and AmmunitionRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Joseph Alan Milkey (38, North Fort Myers) to 3 years and 10 months in federal prison for possessing a firearm and ammunition as a convicted felon. The Court also ordered him to forfeit the .40 caliber pistol and 8 rounds of ammunition that were involved in the commission of the offense. Milkey pleaded guilty in November 2015.
According to court documents, on August 28, 2015, a sergeant from the Fort Myers Police Department responded to a call concerning a male and female engaged in an argument in the parking lot of the Sports Authority store located at 2317 Colonial Boulevard. Upon arrival, the sergeant approached the vehicle and made contact with Milkey and the female, and asked if they were both okay. The sergeant then asked Milkey to exit the vehicle; instead, he attempted to flee. Soon thereafter, he was apprehended by officers. Milkey then pulled his arm free from the officers’ grasp, and reached into the waistband of his pants, where the sergeant observed a handgun. The firearm was secured by the officers and later identified as a Smith and Wesson .40 caliber pistol, loaded with eight rounds of ammunition.
At time of the incident, Milkey had multiple prior felony convictions and therefore was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
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.
United States Settles False Claims Act Allegations Against 21st Century Oncology for Nearly $34.7 MillionRead the Press Release
United States Attorney A. Lee Bentley, III announces that the government has formally settled a lawsuit brought by a whistle-blower alleging that one of the nation’s largest radiation oncology providers, 21st Century Oncology, has agreed to settle allegations that they performed and billed for procedures that were not medically necessary. Pursuant to the settlement agreement, 21st Century shall pay the United States $34,695,243 to resolve these allegations. Headquartered in Fort Myers, 21st Century has offices in 16 states.
The settlement relates to the defendants use of a medical procedure – called the Gamma function – used to measure the exit dose radiating from a patient after the patient receives radiation treatment. The United States alleged that defendants knowingly and improperly billed for this procedure under circumstances where the procedure served no medically appropriate purpose. For example, the government alleged that the procedure was performed by physicians and physicists at 21st Century Oncology locations who were not properly trained to interpret and utilize the Gamma function results.
The government also alleged that defendants billed for this procedure when no physician reviewed the Gamma function results until seven or more days after the last day patients received radiation treatment therapy. Finally, the government alleged that defendants billed for the procedure when no Gamma result was available due to technical failures in the imaging equipment.
“The United States Attorney’s Office is committed to taking the steps necessary to protect Medicare, TRICARE, and other federal health care programs from fraud,” said U.S. Attorney A. Lee Bentley, III. “Healthcare providers may bill for new technologies only when they have been proven to be useful and when individual physicians and staff have been trained to use them properly.”
“Today’s settlement demonstrates our unwavering commitment to protect the Medicare trust fund against unscrupulous providers,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Providers who waste taxpayer dollars by billing for unnecessary services, including services that are not used or improperly performed, will face serious consequences.”
This lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Joseph Ting, a former physicist at South Florida Radiation Oncology. Under those provisions, a private party, known as a relator, can file an action on behalf of the United States and receive a portion of the recovery. Ting will receive more than $7 million.
“The waste of health care program dollars will not be tolerated,” said Shimon R. Richmond, Special Agent in Charge for the HHS Office of the Inspector General. “Providers at 21st Century Oncology have agreed to settle claims that in some instances they performed tests that were not only medically unnecessary, but that no one had been trained to properly interpret, thereby allegedly causing the taxpayers to pay for useless tests.”
"This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of TRICARE, the Department of Defense health care program that serves our Warfighters, their family members, and military retirees," said Special Agent in Charge John F. Khin, Southeast Field Office. "With DoD's limited resources and budgets, DCIS must continue to aggressively investigate fraud, waste, and abuse to preserve and recover precious taxpayer dollars for our most vulnerable programs."
This past December, 21st Century paid $19.75 million to settle allegations that it violated the False Claims Act by billing for medically unnecessary laboratory urine tests, and for encouraging physicians to order these tests by offering bonuses based in part on the number of tests the physicians referred to its laboratory.
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 $27.4 billion through False Claims Act cases, with more than $17.4 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was handled by Assistant United States Attorney Jason Mehta from the Middle District of Florida, with assistance from the Department of Justice’s Civil Division, the Department of Health and Human Services Office of Inspector General (HHS/OIG) and the Defense Criminal Investigative Service (DCIS).
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The lawsuit against the defendants was filed in the U.S. District Court for the Middle District of Florida and is captioned United States ex rel. Ting v. 21st Century Oncology and South Florida Radiation Oncology.
Florida Man Sentenced to More than 14 Years in Prison for Multimillion-Dollar Health Care Fraud and Money Laundering SchemeRead the Press Release
A Land O’ Lakes, Florida, businessman was sentenced by a judge in federal court in Tampa today to 174 months in prison for his role in a multimillion-dollar health care fraud and money laundering scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office and Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office made the announcement.
In December 2015, a jury in Tampa found David Brock Lovelace, 45, guilty of conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to commit money laundering, money laundering and aggravated identity theft. Judge Steven D. Merryday of the Middle District of Florida imposed today’s sentence and also ordered Lovelace to pay $2,512,460 in restitution.
According to evidence presented at trial, from approximately June 2010 through approximately May 2014, Lovelace and co-conspirators used Cornerstone Health Specialists, Summit Health Specialists and Coastal Health Specialists, three purported medical clinics in Florida, to submit approximately $12,351,046 in false and fraudulent claims to Medicare seeking reimbursement for radiology, audiology, cardiology and neurology services. Medicare paid approximately $2,848,424 in reimbursement on the fraudulent claims. Trial evidence also showed that Lovelace and his co-conspirators paid illegal kickbacks in exchange for access to Medicare patients and Medicare patient information used in the fraud scheme, used forged and falsified documents in the Medicare enrollment process for the medical clinics, and billed Medicare for services that had not been rendered by physicians. The conspirators transferred and disbursed proceeds of the fraudulent Medicare claims among themselves, through shell companies and via numerous cash withdrawals in an effort to conceal the fraud, according to evidence at trial.
HHS-OIG and the FBI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Middle District of Florida. Senior Trial Attorney Christopher J. Hunter of the Criminal Division’s Fraud Section is prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to www.stopmedicarefraud.gov.
Florida Man Sentenced to More Than 14 Years in Prison for Multimillion-Dollar Health Care Fraud and Money Laundering SchemeRead the Press Release
Tampa, FL – A Land O’ Lakes businessman was sentenced by a judge in federal court today to 174 months in prison for his role in a multimillion-dollar health care fraud and money laundering scheme.
U.S. Attorney A. Lee Bentley, III, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office and Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office made the announcement.
In December 2015, a federal jury found David Brock Lovelace, 45, guilty of conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to commit money laundering, money laundering and aggravated identity theft. Judge Steven D. Merryday imposed today’s sentence and also ordered Lovelace to pay $2,512,460 in restitution.
According to evidence presented at trial, from approximately June 2010 through approximately May 2014, Lovelace and co-conspirators used Cornerstone Health Specialists, Summit Health Specialists and Coastal Health Specialists, three purported medical clinics in Florida, to submit approximately $12,351,046 in false and fraudulent claims to Medicare seeking reimbursement for radiology, audiology, cardiology and neurology services. Medicare paid approximately $2,848,424 in reimbursement on the fraudulent claims. Trial evidence also showed that Lovelace and his co-conspirators paid illegal kickbacks in exchange for access to Medicare patients and Medicare patient information used in the fraud scheme, used forged and falsified documents in the Medicare enrollment process for the medical clinics, and billed Medicare for services that had not been rendered by physicians. The conspirators transferred and disbursed proceeds of the fraudulent Medicare claims among themselves, through shell companies and via numerous cash withdrawals in an effort to conceal the fraud, according to evidence at trial.
HHS-OIG and the FBI investigated the case, which was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Middle District of Florida. Senior Trial Attorney Christopher J. Hunter of the Criminal Division’s Fraud Section is prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to http://www.stopmedicarefraud.gov/.
St. Petersburg Man Sentenced to 15 Years for Possessing FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Latellis Everette (41, St. Petersburg) to 15 years in federal prison for possessing a firearm as a convicted felon. He pleaded guilty on November 12, 2015.
According to court documents, Everette stole a loaded pistol from behind the counter of a local convenience store. He was later identified after being recognized on the store’s surveillance system. Everette has at least 12 prior felony convictions, including the sale of cocaine, armed robbery, and aggravated battery. As such, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the St. Petersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Michael V. Leeman.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - 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.
Fugitive Found Guilty to Possessing More Than A Kilogram of Cocaine and Failure to AppearRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Barrington Richards (36, Lauderhill) guilty of possession with intent to distribute 500 grams or more of cocaine, and failure to appear after being released on bond. He faces a maximum penalty of 40 years in federal prison on the drug charge and up to 10 years’ imprisonment for the failure to appear violation. A sentencing date has not yet been set.
According to the evidence presented at trial, on January 30, 2004, troopers with the Florida Highway Patrol stopped Richards on the Florida Turnpike in Osceola County for a traffic violation. During the traffic stop, a narcotics dog detected drugs in the vehicle. The troopers then searched the vehicle and located approximately one and a half kilograms of cocaine hidden in the trunk.
An indictment was returned in the Middle District of Florida in March 2004. Richards was arrested in the Southern District of Florida and made his initial appearance in federal court in Miami. He posted bond but then then failed to appear for further hearings in federal court in Orlando. He remained at large until being arrested in Jefferson Davis Parish, Louisiana, on November 19, 2015.
This case was investigated by the Drug Enforcement Administration and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu.
Former Owner of Florida Home Health Care Companies Agrees to Pay $1.75 Million to Resolve Kickback and False Claims Act AllegationsRead the Press Release
Tampa, FL – Mark T. Conklin, the former owner, operator and sole shareholder of Recovery Home Care Inc. and Recovery Home Care Services Inc. (collectively RHC) has agreed to pay $1.75 million to resolve a lawsuit alleging that he violated the False Claims Act by causing RHC to pay illegal kickbacks to doctors who agreed to refer Medicare patients to RHC for home health care services, the Department of Justice announced today. Conklin sold the RHC companies to National Home Care Holdings LLC, on Oct. 9, 2012.
“Inducements of the type at issue in this case are designed to improperly influence a physician’s independent medical judgment,” said U.S. Attorney A. Lee Bentley, III for the Middle District of Florida. “This lawsuit and today’s settlement evidence our office’s ongoing efforts to safeguard federal health care program beneficiaries from the effects of such illegal conduct.”
From 2009 through 2012, Conklin spearheaded a scheme whereby RHC, headquartered in West Palm Beach, allegedly paid dozens of physicians thousands of dollars per month to serve as sham medical directors who supposedly conducted quality reviews of RHC patient charts. According to the government’s lawsuit, the physicians in many instances performed little or no work, but nevertheless received thousands of dollars from RHC. The government’s complaint contended that these payments were, in fact, kickbacks intended to induce the physicians to refer their patients to RHC, in violation of the Anti-Kickback Statute and the Stark Law.
These laws are intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives. The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by federal health care programs, including Medicare. The Stark Law forbids a home health care provider from billing Medicare for certain services referred by physicians who have a financial relationship with the entity. A person who knowingly submits, or causes the submission, to Medicare of claims that violate either the Anti-Kickback Statute or the Stark Law is also liable for treble damages and penalties under the False Claims Act.
“Individuals who seek to increase their profits by providing physicians with illegal inducements will be held personally accountable,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will continue to identify, investigate and, where appropriate, sue individuals and corporations that misuse funds meant to provide critical medical services for beneficiaries of federal health care programs.”
“Home health agency owners who seek to boost profits by paying kickbacks to physicians in exchange for patient referrals will instead pay for their improper conduct at the settlement table,” said Special Agent in Charge Shimon R. Richmond of U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “We will continue to crack down on such illegal, wasteful kickback schemes, which can undermine impartial medical judgment and corrode the public’s trust in the health care system.”
The United States previously reached a settlement with RHC’s purchaser, National Home Care Holdings, on March 9, 2015, for $1.1 million.
The settlement with Conklin, which is subject to approval by the Bankruptcy Court for the Southern District of Florida, concludes a lawsuit originally filed by Gregory Simony, a former RHC employee, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The act also allows the government to intervene and take over the action, as it did in part in this case. Simony will receive up to $315,000 of the proceeds of the Conklin 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 $27.4 billion through False Claims Act cases, with more than $17.4 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the U.S. Attorneys’ Offices for the Middle District of Florida and the Southern District of Florida and the HHS-OIG.
The case is captioned United States ex rel. Simony v. Recovery Home Care, et al., Case No. 8-12-cv-2495-T-36TBM (M.D. Fla.). The claims resolved by the settlement are allegations only and there has been no determination of liability.
Punta Gorda Man Found Guilty in Multi-State Cocaine ConspiracyRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Leslie Chin (Punta Gorda, 35) guilty of conspiracy to possess with intent to distribute, and to distribute, five or more kilograms of cocaine and a substance containing a detectable amount of marijuana. He faces a mandatory minimum penalty of 10 years, up to life, in federal prison. A sentencing hearing is scheduled for June 6, 2016.
Chin was indicted on December 3, 2014,
According to evidence presented at trial, Chin was involved in a conspiracy with at least 10 persons to distribute crack cocaine in Florida, Georgia, and South Carolina. Two co-conspirators, Andrew Chin and Jerome Antonio Vaughn, have pleaded guilty to their roles in the conspiracy. They are currently awaiting sentencing.
This case was investigated by the U.S. Drug Enforcement Administration, the Florida Highway Patrol, and the Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Robert P. Barclift.
Former Longwood Police Chief Sentenced to Four Years in Federal PrisonRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell has sentenced Thomas S. Jackson to four years in federal prison for conspiracy and bribery of an agent of a local government receiving federal funds. A federal jury found him guilty on October 27, 2015.
According to the evidence presented at trial, Jackson was the Chief of Police of the Longwood Police Department (LPD) from 1997 until his retirement on May 28, 2010. Between October 2007 and the date of his retirement, Samer Majzoub, a convicted felon, paid Jackson more than $30,000 in bribes. In return, Jackson appointed Majzoub as an officer with the LPD. Jackson gave Majzoub the supervisory titles of commander, lieutenant, and sergeant, and provided him with badges and credentials that represented Majzoub as an officer of LPD. Jackson also assisted Majzoub in possessing firearms and ammunition. As a previously convicted felon, Majzoub was prohibited from possessing firearms and ammunition under federal law.
Majzoub has been charged by indictment with one count of conspiracy and three counts of bribery of an agent of a local government receiving federal funds. He has not been arrested and is a fugitive.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorneys Roger B. Handberg and James D. Mandolfo.
Former Fugitive Pleads Guilty in Florida Multimillion-Dollar Health Care Fraud SchemeRead the Press Release
A Cuban national who fled the United States and had been wanted since 2013 on federal criminal charges relating to a multimillion-dollar health care fraud scheme in the greater Tampa Bay, Florida, area pleaded guilty today for his role in the scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division; U.S. Attorney A. Lee Bentley III of the Middle District of Florida; Special Agent in Charge Paul Wysopal of the FBI’s Tampa, Florida, Field Office, Special Agent in Charge George Piro of the FBI’s Miami Field Office; and Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Miami Regional Office made the announcement.
Ubert Guillermo Rodriguez, aka Ubert Guillermo Rodriguez Sigler, 47, pleaded guilty in federal court in Tampa today to conspiracy to commit health care fraud. Rodriguez was arrested on the health care fraud charges when he arrived at Miami International Airport on a flight from Cuba in October 2015.
According to documents filed in the case, Rodriguez was the president and owner of G.R. Services Equipment & Supplies Inc., a Largo, Florida, company that purported to provide durable medical equipment to Medicare beneficiaries. From May 2013 through July 2013, Rodriguez’s company submitted approximately $2,579,695 in false and fraudulent claims to Medicare seeking reimbursement for durable medical equipment, such as wound care supplies, that was not legitimately prescribed by doctors and was not provided to beneficiaries. For example, Rodriguez’s company sought reimbursement for thousands of dollars of negative pressure wound therapy electrical pumps and sterile collagen dressings purportedly provided in May and June 2013 to Medicare beneficiaries. Federal law enforcement agents previously executed a seizure warrant on Rodriguez’s company’s bank account, resulting in the seizure of approximately $243,339 in proceeds of the health care fraud scheme.
HHS-OIG and the FBI are investigating the case, which and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office of the Middle District of Florida. Senior Trial Attorney Christopher J. Hunter of the Criminal Division’s Fraud Section is prosecuting the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to www.stopmedicarefraud.gov.