Middle District of Florida

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.

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.

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.

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.

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, 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. 

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.

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.

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.

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, 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.

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.

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.    

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.

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.

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.

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.  

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, 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.

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.

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 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.

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.

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/.

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.

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.

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.

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.

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.

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.

Tampa, FL – 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 area pleaded guilty today for his role in the scheme.    

U.S. Attorney A. Lee Bentley III of the Middle District of Florida; Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division; Special Agent in Charge Paul Wysopal of the FBI’s Tampa 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 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 the 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.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Jeremy L. Addison (24, DeLand) to seven years in federal prison for mailing a letter threatening to kill the President and assaulting the U.S. Secret Service agent who was investigating the threat.  He pleaded guilty on October 13, 2015.

According to court documents, on September 17, 2014, while awaiting trial for an unrelated state charge in the Volusia County Jail, Addison wrote a letter to President Obama.  In that letter he stated, “you’re a dead man…boy I hate swine.  I’m the general me…and anthrax, so yes I intend to kill you.”  A short time later, a U.S. Secret Service agent attempted to interview Addison about the letter.  At the conclusion of the interview, Addison spit in the agent’s face and stated, “…I am going to kill you too.” 

After pleading guilty in this case, but prior to sentencing, Addison wrote another letter, this time threatening to kill the Assistant U.S. Attorney handling the case.  Four days later, Addison wrote a second letter apologizing for the threatening letter. 

Based on Addison’s criminal history and the threat to kill the prosecutor, the Court enhanced Addison’s sentence by finding that he had not accepted responsibility for his criminal behavior and that he had obstructed justice by writing a letter threatening to kill the assigned Assistant U.S. Attorney. 

This case was investigated by the United States Secret Service.  It was prosecuted by Assistant United States Attorney Shawn P. Napier.

Ocala, Florida – United States Attorney A. Lee Bentley, III announces that Larry Garfield Letterman (63, Wildwood) yesterday pleaded guilty to one count of possession of firearms and ammunition affecting commerce by a convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Letterman met with a confidential informant in a series of video-recorded transactions during October and November 2015. Each transaction took place at Letterman’s residence, where he sold the informant three firearms and ammunition, including an AR-15 rifle. Based on the transactions, federal agents executed a search warrant at the residence on December 15, 2015. They recovered an AK-47 rifle, a shotgun, a handgun, packaging from another handgun, and more than 260 rounds of assorted ammunition.

Letterman confessed to possessing all of the firearms and ammunition, and that he had multiple prior felony convictions, including possession of a firearm by a convicted felon, burglary, and sodomy of a male less than 14 years old. As a previously convicted felon, Letterman is prohibited from possessing firearms and ammunition under federal law.   

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy.  United States Attorney A. Lee Bentley, III, along with 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.

The Justice Department announced today that Thomas Mere, the owner and operator of Mere’s Mobile Home and Recreational Vehicle Park in North Fort Myers, Florida, has agreed to pay $40,000 to resolve allegations that he discriminated against African Americans in violation of the Fair Housing Act.  The settlement, which is in the form of a consent order, must still be approved by the U.S. District Court for the Middle District of Florida.

The government’s complaint, also filed today, alleges that the defendant falsely told African Americans that no mobile homes, recreational vehicles or recreational vehicle lots were immediately available for rent, but told similarly-situated white persons that they were, in fact, available for rent.  According to the complaint, the defendant encouraged prospective white renters to consider residing at Mere’s Park and discouraged African Americans from residing there by, for example, referring African Americans to another mobile home and RV park, making discouraging comments about units that were available for rent and failing to provide African Americans complete and accurate information about available units and lots.  The lawsuit is based on the results of testing conducted by the department’s Fair Housing Testing Program, in which individuals pose as renters to gather information about possible discriminatory practices. 

“Owners of rental properties cannot pick and choose residents based on race or color,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Justice Department will continue to hold owners who violate the law accountable for their discriminatory conduct.”

“All citizens and their families should be free to choose where they want to live without fear of discrimination,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida.  “Our office is committed to eradicating all forms of housing discrimination in the Middle District of Florida.”

Under the settlement, the defendant will establish a settlement fund of $30,000 to compensate victims of his discriminatory practices and pay a civil penalty of $10,000 to the United States.  The agreement also requires that the defendant implement nondiscriminatory application and rental procedures at the park, undergo fair-housing training and provide periodic reports to the department. 

Individuals who have information about, or who believe they may have been discriminated against at Mere’s Park, located at 1555 North Tamiami Trail, 1051 North Tamiami Trail and 1699 Ixora Drive in North Fort Myers, should contact the Justice Department toll-free at 1-800-896-7743, option 96, or by email at [email protected].  The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.  More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.

Mere Complaint and Consent Order

Tampa, FL – The Justice Department announced today that Thomas Mere, the owner and operator of Mere’s Mobile Home and Recreational Vehicle Park in North Fort Myers, Florida, has agreed to pay $40,000 to resolve allegations that he discriminated against African Americans in violation of the Fair Housing Act.  The settlement, which is in the form of a consent order, must still be approved by the U.S. District Court for the Middle District of Florida.

The government’s complaint, also filed today, alleges that the defendant falsely told African Americans that no mobile homes, recreational vehicles or recreational vehicle lots were immediately available for rent, but told similarly-situated white persons that they were, in fact, available for rent.  According to the complaint, the defendant encouraged prospective white renters to consider residing at Mere’s Park and discouraged African Americans from residing there by, for example, referring African Americans to another mobile home and RV park, making discouraging comments about units that were available for rent and failing to provide African Americans complete and accurate information about available units and lots.  The lawsuit is based on the results of testing conducted by the department’s Fair Housing Testing Program, in which individuals pose as renters to gather information about possible discriminatory practices. 

“All citizens and their families should be free to choose where they want to live without fear of discrimination,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida.  “Our office is committed to eradicating all forms of housing discrimination in the Middle District of Florida.”

“Owners of rental properties cannot pick and choose residents based on race or color,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Justice Department will continue to hold owners who violate the law accountable for their discriminatory conduct.”

Under the settlement, the defendant will establish a settlement fund of $30,000 to compensate victims of his discriminatory practices and pay a civil penalty of $10,000 to the United States.  The agreement also requires that the defendant implement nondiscriminatory application and rental procedures at the park, undergo fair-housing training and provide periodic reports to the department. 

Individuals who have information about, or who believe they may have been discriminated against at Mere’s Park, located at 1555 North Tamiami Trail, 1051 North Tamiami Trail and 1699 Ixora Drive in North Fort Myers, should contact the Justice Department toll-free at 1-800-896-7743, option 96, or by email at [email protected].  The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.  More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.

Tampa, Florida – U.S. Senior District Judge Richard A. Lazzara has sentenced Jetmir Qose (23, St. Petersburg) to 8 years in federal prison for transportation and possession of child pornography. The Court also ordered him to forfeit certain items used in the commission of the offenses, including a laptop computer and two external hard drives.

Qose was found guilty after a bench trial held on November 5, 2015.

According to court documents, in September 2014, during an undercover operation, law enforcement discovered that Qose was sharing files of child pornography using a publicly available sharing program. As a result of this initial investigation, a search warrant was executed at Qose’s residence and several of his electronic devices were seized. An examination of the devices revealed a large collection of child pornography, including numerous videos and images featuring the exploitation of minors under the age of 12.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Rachel Jones and Jennifer Peresie.

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

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury found Edward N. Feldman, M.D., guilty of conspiring to dispense controlled substances for no legitimate medical purpose and outside the usual course of professional practice, dispensing controlled substances that resulted in death, and money laundering. His wife, Kim Xuan Feldman, was also convicted of conspiring to dispense controlled substances for no legitimate medical purpose and outside the usual course of professional practice and money laundering. Dr. Feldman faces a maximum penalty of life in federal prison, and Mrs. Feldman faces a maximum sentence of 30 years’ imprisonment. Their sentencing hearing is scheduled for May 23, 2016.

The Feldmans were indicted on December 10, 2014.

According to testimony and evidence presented at trial, from October 2009 through December 2014, the Feldmans operated Feldman Orthopedic and Wellness Center (FOWC) in Pinellas Park, Florida. FOWC saw between 80-100 patients a day, with new patients paying $300 in cash for visits, and follow-up patients paying $150-$225 for visits. Insurance was not accepted at FOWC.

During the trial, an expert in pain management opined that Dr. Feldman’s prescriptions to patients had not been for a legitimate medical purpose and had been outside the usual course of professional practice. The expert further opined that Dr. Feldman had been so far outside the usual course of professional practice that he had not been practicing medicine when he had prescribed large doses of controlled substances to his patients.

Additionally, Pinellas-Pasco Medical Examiners opined that J.M., R.G., and S.W. had died as a result of multi-drug toxicity related to the large amounts of Methadone, Oxycodone, Alprazolam, and Diazepam found in their systems. J.M. and S.W. only visited Dr. Feldman once before their respective deaths.  

Evidence also showed that the couple had deposited more than $5,000,000 in cash in dozens of bank accounts during the period of the charged crimes. The couple used proceeds from FOWC to purchase their home and property for their business, and to fund investments accounts. More than $500,000 in cash and gold were recovered from various bank accounts and safety deposit boxes in the name of the Feldmans and other family members. Also, a 2011 Porsche, 2006 Infinity, and 2009 Mercedes Benz were seized. The issue of forfeiture will be determined at a later date.  

This case was investigated by the Drug Enforcement Administration and the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state, and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. It is being prosecuted by Assistant United States Attorneys Shauna S. Hale and Kaitlin O’Donnell.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced David Ryan Alberts (43, Orlando) to 10 years in federal prison for receiving and possessing child pornography.  The Court also ordered him to pay restitution to the victims of his offense.  Alberts pleaded guilty in September 2015.

According to court documents, Alberts downloaded and possessed scores of images of prepubescent children, including infants, engaged in sexual acts with adults and with other children.  Several of the images depicted sadistic and masochistic conduct, and included images of children engaged in bestiality.  He also searched for and possessed dozens of sexually explicit stories involving incest.  Based on his prior conduct, Alberts received an enhanced sentence for engaging in a pattern of activity involving the sexual abuse or exploitation of minors.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Embry J. Kidd.

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

Tampa, Florida – U.S. District Judge Charlene E. Honeywell yesterday sentenced Bryan Shane Sneed (42, Lutz) to 20 years in prison for the attempted enticement of a minor for sex, and for possession of a firearm during and in relation to a crime of violence. The Court also ordered him to serve a 20-year term of supervision and to register as a sex offender upon his release from prison. Sneed was found guilty by a federal jury on August 7, 2015.

A superseding indictment was returned against Sneed on March 18, 2015.

According to testimony and evidence presented at trial, on January 24, 2014, an undercover agent posing as a 14-year-old child responded to an online personal ad posted by Sneed. Sneed, who traveled frequently, communicated with the undercover agent through emails and text messaging for almost a year. During the communications, Sneed repeatedly sent the “child” multiple graphic images of adult pornography and a video of adult pornography. Sneed made firm plans to meet the “child” in Tampa on January 21, 2015, and when he arrived at the agreed upon location, he was arrested. A search of Sneed’s vehicle by law enforcement revealed a loaded 9 millimeter and .45 caliber handgun and several condoms.

“This criminal intended to have sex with a 14-year-old child,” said Susan L. McCormick, special agent in charge of HSI Tampa. “Our HSI undercover special agents made sure that instead of forever harming a child, he is going to spend the next 20 years behind bars.”

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

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

Tampa, FL – The U.S. District Court for the Middle District of Florida entered a consent decree of permanent injunction against James R. Hill, of Ocala, Florida, to prevent the distribution of unapproved drugs masquerading as a cure for the herpes virus, the Department of Justice announced today.

The department filed a complaint in the U.S. District Court for the Middle District of Florida alleging that Hill sold a product, Viruxo Immune Support (Viruxo), that he marketed as a “natural herpes medicine” that can “Stop Herpes Outbreaks.”  Although labeled as a dietary supplement, Viruxo qualifies as an unapproved and misbranded drug, according to the complaint, because of Hill’s claims that it could treat the herpes virus despite the absence of approval from the Food and Drug Administration (FDA) that it was safe and effective for such a use. 

The complaint further alleged that Hill defrauded consumers by promoting Viruxo to cure, mitigate, treat, or prevent a disease despite the absence of well-controlled clinical studies or other credible scientific substantiation to support those claims.  Hill made his misleading claims about Viruxo despite having received a warning letter from FDA and the Federal Trade Commission advising him that his product is an unapproved drug and was misbranded. 

“Consumers should exercise extreme caution when purchasing supplements online,” warned U.S. Attorney A. Lee Bentley, III for the Middle District of Florida. “Viruxo was marketed to consumers as a ‘medicine’ for herpes, even though this product was not approved by the FDA and there were no well-controlled clinical studies to support the therapeutic claims.”

“Unfortunately, many dietary supplements cannot do what their sellers claim they can do,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “In some instances, consumers might be choosing supplements over other proven therapies for serious conditions under the mistaken belief that these products can help.  The Department of Justice will continue to work aggressively with FDA to prevent the distribution of unapproved drugs.”

Hill agreed to settle the case and be bound by a consent decree of permanent injunction.  Although he has ceased selling Viruxo, the consent decree requires him to notify FDA and receive its permission before resuming sale of Viruxo or distribution of any food, including a dietary supplement, or drug.  To obtain permission from FDA, FDA must first determine that Hill’s practices comply with the Federal Food, Drug and Cosmetic Act.

The government is represented by Trial Attorney Daniel E. Zytnick of the Civil Division’s Consumer Protection Branch and Lacy R. Harwell Jr. of the U.S. Attorney’s Office for the Middle District of Florida, with the assistance of Senior Counsel Claudia J. Zuckerman of the Department of Health and Human Services’ Office of General Counsel – Food and Drug Division.

For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Middle District of Florida, visit its website at http://www.justice.gov/usao-mdfl.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Ross Edward Paulson (60, Wittenberg, WI) to 20 years in federal prison for attempted sexual enticement of a minor.  The Court also ordered him to forfeit the cellphone and laptop he had used to facilitate the offense.  Paulson pleaded guilty on November 30, 2015.

According to court documents, while visiting Florida in July 2015, Paulson responded to a Craigslist ad.  The ad had been placed by an undercover officer posing as the father of a 13-year-old girl who was looking for other men to have sex with his daughter.  During a series of online communications, Paulson graphically discussed the sexual activities that he wanted to engage in with the “child.”  On July 23, 2015, Paulson agreed to meet the “father” and “child” in a parking lot in Brevard County so that he could have sex with the “child.”  When Paulson arrived at the meeting place, he was arrested.    

This case was investigated by the Brevard County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.  It was prosecuted by Assistant United States Attorney Kara M. Wick.

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.

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that 12 members of a drug trafficking organization have been charged with distributing street-level quantities of heroin in the Orlando area. A criminal complaint has been unsealed charging Steven Joseph Malham (55, Orlando), Angel Manuel Fontanez (31, Clermont), Pedro Juan Rivera-Aviles (63, Orlando), Jason Paul Manore (36, Orlando), Aref Hamdan (39, Orlando), Wilbert Joel Alequin-Pagan (21, Orlando), Robert Bryan Sautner (28, Winter Garden), Emmanuel Verges (26, Orlando), Constantine Kotsianidis (37, Orlando), Zuleyka Jeanette Colon-Rivera (24, Orlando), Ernesto Cabanas-Torres, (41, Orlando), and Domingo Perez-Lamboy (42, Orlando) with conspiracy to distribute and to possess with intent to distribute heroin.  If convicted, each faces a maximum penalty of 20 years in federal prison. 

According to the complaint, a drug trafficking organization whose members referred to themselves as “La Compania” or “the Company” acquired heroin from out of state. They then used a telephone number that changed frequently (the heroin line) to sell heroin to customers in Orlando, primarily in the tourist district, near International Drive.  Using information provided by informants, the Drug Enforcement Administration identified the organization’s heroin line and had informants and undercover agents call to set up controlled purchases of heroin.   Between November 2013 and October 2015, controlled purchases of heroin were made from each of the individuals charged in the criminal complaint.  These drug sales ranged from 5 baggies of heroin for $100 to 200 bags for $2,000.  More than 100 grams of heroin was sold to law enforcement officers during this investigation.      

A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “La Compania.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the Orange County Sheriff’s Office, the Metropolitan Bureau of Investigation, the United States Marshals Service, the Federal Bureau of Investigation, and the Orlando Police Department.  It will be prosecuted by Assistant United States Attorneys Andrew C. Searle and Embry J. Kidd.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Richard Lee Anderson (37, Tampa) today pleaded guilty to receiving stolen government property.  He faces a maximum penalty of 10 years in federal prison.  Anderson also faces drug and firearms charges in a separate federal case (8:15-CR-473-T-35AEP).

According to the plea agreement, between May and October 2012, Anderson received stolen Social Security benefit checks, totaling at least $2,275,000, from a United States Postal Service mail handler who worked at the Processing and Distribution Center (PDC) facility in St. Petersburg.  The checks were all addressed to beneficiaries living in Pinellas County.  Anderson then sold the checks to various individuals for a percentage of their face value and those individuals, in turn, cashed the checks or employed others to do so for them.  Anderson paid the mail handler a percentage of the checks’ face value.

This case was investigated by the Social Security Administration Office of the Inspector General, the United States Postal Service Office of Inspector General, the United States Postal Inspection Service, and the Tampa Police Department.  It is being prosecuted by Assistant United States Attorney Patrick Scruggs.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Edgar Yanez-Gutierrez (31, Nayarit, Mexico) today pleaded guilty to conspiring to commit money laundering offenses and conspiring to distribute cocaine, methamphetamine, and marijuana. Yanez-Gutierrez faces a maximum term of 20 years’ imprisonment on the money laundering conspiracy charge, and a mandatory minimum term of 10 years’ imprisonment, up to life, on the drug trafficking conspiracy charge. A sentencing date has not yet been set.

According to the court documents, Yanez-Gutierrez’s plea is the latest in an investigation that has netted 28 convictions in the Middle District of Florida, for drug trafficking, money laundering, and firearms offenses, with sentences ranging from 4, up to 35 years’, imprisonment. The defendants were part of a large-scale drug trafficking organization that shipped cocaine, methamphetamine, and marijuana from California to drug distribution and money laundering cells throughout the United States, including Florida, Ohio, North Carolina, Nevada, New Jersey, New York, Alabama, and Arkansas. Yanez-Gutierrez fled from California to Mexico in 2011, but was later arrested and extradited to the United States in December 2015.

The case is being prosecuted by Assistant United States Attorney Christopher F. Murray. It was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from other federal, state, and local agencies as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations, and those primarily responsible for the nation’s drug supply The Office of International Affairs, Department of Justice, assisted with Yanez-Gutierrez’s extradition to the United States. 

WHO:           A. Lee Bentley, III, United States Attorney for the Middle District of Florida

Jeffrey T. Walsh, Assistant Special Agent in Charge, Drug Enforcement Administration, Orlando District Office, Central Region of Florida

Sheriff Jerry L. Demings, Orange County Sheriff's Office

WHAT:      Press Conference

Federal, state, and local law enforcement agencies to announce charges involving several individuals in a multi-state drug trafficking conspiracy.

WHEN:     THURSDAY, FEBRUARY 25, 2016, at 1:00 P.M. EST

WHERE:   United States Attorney’s Office

400 W. Washington Street, Suite 3100

Orlando, FL 32801

OPEN PRESS

NOTE:  All media must present government-issued photo I.D. (such as a driver’s license).  Media may begin arriving at 12:30 P.M. EST.

Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Jorge Valencia (43, St. Petersburg) to 12 years and 11 months in federal prison for receiving child pornography and attempting to entice a minor. The Court also ordered Valencia to forfeit items that he had used while committing the offenses, including a laptop and an iPhone. Valencia pleaded guilty on September 24, 2015.

According to court documents, in January 2015, an undercover FBI task force officer discovered that Valencia was using an online file-sharing program to share files depicting child pornography. Subsequently, a search warrant was executed at Valencia’s residence and several of his electronic devices were seized for evaluation.

The forensic analyses of the devices revealed that since at least 2012, Valencia had been using a phone messaging app to chat with individuals, he believed to be under the age of 18, for the purpose of soliciting sexually explicit pictures from them. A large collection of child pornography, including numerous videos and images depicting children under the age of 12, were also found on his devices.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Rachel Jones.

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

Tampa, Florida – United States District Judge Elizabeth Kovachevich has sentenced Tom Kelly (St. Petersburg, 32) to 15 years in federal prison for possessing a firearm as a convicted felon and for conspiring to possess with the intent to distribute crack cocaine. He pleaded guilty in October 2015.

According to court documents, Kelly operated a drug house in St. Petersburg. During the execution of a search warrant at his home in October 2014, law enforcement officers found Kelly in possession of two loaded firearms, crack cocaine, powder cocaine, and prescription pills. Kelly has multiple prior felony convictions for drug and firearm offenses, and is therefore prohibited from possessing a firearm or ammunition under federal law. The officers also seized more than $100,000 of jewelry and cash from the residence and other locations as proceeds of the drug distribution scheme.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Rachel K. Jones.

This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy.  United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, are 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 on reducing violent crime in communities.

Orlando, Florida – United States District Judge Gregory A. Presnell today sentenced Thiago Correa (22, Windermere) to 10 years in federal prison for drug importation, conspiracy, and trafficking violations, and for using a firearm in furtherance of his drug trafficking activities.

Correa is the fourth individual to be sentenced in Orlando for drug trafficking and related charges concerning the importation and distribution of methylone and ethylone, also called “Molly” or “Mol,” from China into Brevard and Orange Counties. These prosecutions are part “Project Synergy,” an international investigation headed by the Department of Justice’s Special Operations Division. 

According to court documents, from approximately January 2014, through their arrests on March 18, 2015, Thiago Correa, Camila Correa (25, Windermere), Travis Simmons (25, Deland), and others conspired to import no less than 25 kilograms of ethylone and methylone from China into Orlando, Melbourne, Titusville, and Windermere.  Thiago Correa was a leader and organizer in the conspiracy: he ordered the drugs from China; paid for and directed others to pay for the drugs; coordinated shipments; and recruited and directed others to distribute the drugs. During this conspiracy, Correa used a variety of firearms, including handguns and an assault rifle.

“HSI special agents and our law enforcement partners will continue to work together toward keeping dangerous and deadly substances from harming our citizens,” said Susan L. McCormick special agent in charge of HSI Tampa. “Our communities are safer today because we dismantled this drug trafficking organization.”      

Camila Correa and Travis Simmons previously pleaded guilty for their roles in this case. On September 8, 2015, Simmons was sentenced to seven years in federal prison. Correa’s sentencing hearing is scheduled for March 14, 2016.

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

Tampa, FL – U.S. District Judge Richard A. Lazzara today sentenced Cedric Monroe (35, Tampa) to 15 years in federal prison for possessing a firearm as a convicted felon. Monroe pleaded guilty to this offense on December 4, 2015. 

According to court documents, Monroe sold crack cocaine and a firearm to a confidential informant in the bathroom of a local restaurant. At the time of the incident, Monroe had been previously convicted of multiple drug offenses. As a convicted felon, he 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 Tampa Police Department. It was prosecuted by Assistant United States Attorney Stacie B. Harris.

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

Tampa, FL – United States Attorney A. Lee Bentley, III announces that Adventist Health System Sunbelt Healthcare Corporation (Adventist) has agreed to pay the government $2.09 million to resolve allegations that patients were administered portions of single-dose vials of chemotherapy drugs that were left over from administrations to prior patients.

Subject to a very few strict exceptions not applicable here, these single-dose vials of chemotherapy drugs can only be accessed once and their contents (whether some or all) can only be administered to one patient.  That is because these single-dose vials lack any anti-microbial ingredients or other preservatives, and accessing them can introduce harmful agents that can be passed on to subseqent patients.

This settlement also resolves allegations that some platinum based drugs were administered inappropriately; that certain infusion services were upcoded; and that some patients had to be admitted for treatment as a result of the foregoing acts and omissions.

These events occurred between late 2007 and mid-2011, at an Adventist location in Central Florida, and resulted in the submission of improper claims to federal government health care programs, including Medicare, TRICARE, and the Federal Employees Health Benefits Program. In January 2012, Adventist voluntarily self-disclosed certain of the above-described conduct to the United States and repaid $819,828.82 to the United States. The company will receive a credit of that amount toward the $2.09 million obligation.

“Beneficiaries of federal health care plans, particularly those undergoing chemotherapy treatment for cancer, should not be treated with drugs that present unnecessary and avoidable risks,” stated U.S. Attorney Bentley. “When a lack of proper oversight permits circumstances like this to occur, resulting in the submission of false healthcare claims, responsible providers will be held accountable.”

"These actions put patients at needless risk in an attempt to boost profits at taxpayer expense," said Shimon R. Richmond, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services.  "This settlement demonstrates that such practices have consequences."

The settlement resolves allegations in a lawsuit filed by relator Heather Huddleston in February 2013.  Huddleston’s suit was filed under the whistleblower provisions of the False Claims Act, which authorizes private parties to sue for false claims on behalf of the United States and to share in any recovery. Huddleston was formerly employed by Adventist and had disclosed certain of the conduct internally to Adventist in 2011. The relator will be receiving $376,452 from the proceeds of the settlement.

This case was investigated jointly by Assistant U.S. Attorney Charles Harden of the United States Attorney’s Office for the Middle District of Florida; Trial Attorney Tom Morris of the Commercial Litigation Branch of the Justice Department’s Civil Division; the U.S. Department of Health and Human Services - Office of Inspector General; and the Federal Bureau of Investigation.

The lawsuit was filed in the Middle District of Florida, and is captioned United States ex rel. Huddleston v. Adventist Health System Sunbelt Healthcare Corporation, Case No. 8:13-cv-710-T-27-EAJ (M.D. Fla.).

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