Middle District of Florida
Press releases recorded for this federal judicial district.
Tampa Man Sentenced to More Than Seven Years for Tax Fraud and Identity Theft ConspiracyRead the Press Release
Tampa, FL – U.S. District Judge Steven D. Merryday today sentenced Bobby Muhammad to seven years and ten months in federal prison for theft of government property and identity theft stemming from his involvement in a stolen identity refund fraud (SIRF) conspiracy. The Court also ordered him to pay $650,631 in restitution to the U.S. Treasury, jointly and severally with his co-conspirator, Tiffani Pye Williams. Muhammad pleaded guilty on October 26, 2015.
According to court documents, from December 2011 through October 2015, Muhammad participated in a scheme to defraud the IRS. He, along with others, electronically filed fraudulent federal income tax returns using stolen identities. The fraudulently obtained tax refunds were wired from the IRS to reloadable debit cards. Muhammad and others then used these debit cards at various ATMs.
Investigators determined that Muhammad and his conspirators had filed fraudulent federal income tax returns using the stolen identities of more than 400 individuals to make claims for refunds totaling approximately $3,089,219, and had received approximately $650,631 in fraudulently obtained refunds.
Williams previously pleaded guilty and was sentenced for her role in this scheme.
This case was investigated by the Internal Revenue Service – Criminal Investigative and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Tampa Man Pleads Guilty to Money LaunderingRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Khanjar Ahmad Dandache (59, Tampa) today pleaded guilty to money laundering. He faces a maximum penalty of 20 years in federal prison.
According to the plea agreement, in June and July 2015, Dandache met repeatedly with a DEA confidential source (CS) and agreed to launder what he believed were heroin proceeds. Dandache had planned to receive funds from the CS, deposit them into numerous bank accounts in the United States, and then purchase vehicles with the funds. He had planned to ship the vehicles from Florida to Lebanon for re-sale and eventually transfer the funds to the heroin sources of supply. Dandache met with the CS and an undercover DEA agent on July 8, 2015, accepted $150,000 in purported heroin proceeds, and was subsequently arrested.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.
Federal Jury Finds Cape Coral Man Guilty of Illegal Firearm PossessionRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Michael Terrill Faircloth (58, Cape Coral) guilty of possessing a firearm and ammunition after being convicted of a felony offense. He faces a maximum penalty of 10 years in federal prison. A sentencing hearing is scheduled for May 2, 2016.
Faircloth was indicted on July 9, 2014.
According to testimony presented at trial, prior to May 21, 2014, the date of the offense, Faircloth had been convicted of felony offenses, and was wanted on an active arrest warrant. Upon receiving information of his possible location, law enforcement officers from the Florida Regional Fugitive Task Force, the United States Marshals Service, and the Cape Coral Police Department conducted an operation to arrest Faircloth. When law enforcement officers arrived to execute the arrest, they witnessed Faircloth, who was standing in a neighbor’s yard, holding a firearm in his back waistband. As the officers approached Faircloth, he fled a short distance, threw the loaded gun to the ground, and surrendered.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Charles Schmitz.
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.
Temple Terrace Men Convicted in String of Armed RobberiesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Samuel Lee Lynch (29) and Reo Thomas Nance (31), both of Temple Terrace, guilty of conspiracy, armed robbery, and firearms offenses in connection with five Tampa Bay area armed robberies occurring between March 15, 2015, and April 24, 2015. Lynch and Nance targeted check cashing businesses that kept large amounts of cash on hand, ultimately stealing more than $93,000. During each robbery, both defendants brandished firearms. During a March 26, 2015, robbery of the Nebraska Food Market, Lynch shot an accomplice and bystander.
Lynch faces a mandatory life sentence, and Nance faces a mandatory minimum penalty of 32 years’ imprisonment. Their sentencing hearing is scheduled for May 11, 2016.
This case was investigated by Federal Bureau of Investigation, the Tampa Police Department, and the Temple Terrace Police Department. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons.
Rose Radiology Centers Agree to Pay More Than $8 Million for False Billing of Medical Procedures and KickbacksRead the Press Release
Tampa - Rose Radiology Centers Inc. has agreed to pay $8.71 million to the government to resolve allegations that it violated the False Claims Act by billing federal health care programs for radiology procedures that were not medically necessary or furnished in violation of applicable Federal regulations, the United States Attorney’s Office for the Middle District of Florida announced today. Rose Radiology is a provider of radiology services and has offices in multiple locations in the greater Tampa area.
“This settlement resolves myriad allegations involving standards of medical care, false billing practices, and breaches of trust,” said U.S. Attorney A. Lee Bentley, III. “There is no room for such practices in our public health care programs. We will continue to do everything within our power to protect the public against such violations, when and where they are found.”
The settlement resolves allegations originally brought in a lawsuit filed by two separate whistleblowers under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblowers will receive a combined $1.7 million as their share of the recovery in this case.
Among the allegations resolved was that Rose Radiology knowingly submitted false claims to the federal health care programs by administering contrast dye during MRI scans on patients without proper physician supervision. Contrast dye is a chemical that is injected intravenously into the body in order to make certain tissues, abnormalities, or disease processes more clearly visible on an MRI. Federal regulations require that a physician directly supervise the administration of contrast dye when used for an MRI as a potential adverse side effect is anaphylactic shock. Even though Rose Radiology was aware of this safety requirement, there were Rose Radiology locations that rarely, if ever, had a physician present when contrast dye was being administered.
The settlement also resolves allegations that Rose Radiology improperly billed for radiology procedures referred by chiropractors. The regulations are clear that Medicare does not pay for diagnostic test orders made by chiropractors. To circumvent this prohibition, Rose Radiology would accept orders from chiropractors and bill for them as if the tests were actually ordered by a Rose Radiology employed physician.
In addition, the settlement resolves the claim that Rose Radiology would perform and bill for radiology procedures that were never actually ordered by the patients’ treatment providers. Independent Diagnostic Testing Facilities (“IDTFs”), like Rose Radiology, are not permitted to add any procedures without a written order from the treating physicians. Also resolved was the claim that Rose Radiology submitted claims to Medicare for radiology services performed at locations that were not enrolled as authorized Medicare providers and billing Medicare for those services as if they had actually been performed at a different facility that was properly enrolled with Medicare.
Finally, the settlement resolves allegations that Rose Radiology engaged in the practice of giving kickbacks to referring physicians for the purpose of soliciting radiology referrals from these physicians. It is a violation of both the Anti-Kickback Act and the Stark Law to provide financial benefits to referring physicians. It was alleged that Rose Radiology provided key referral sources financial incentives in the forms of lunches, gift cards, and tickets to concerts or sporting events in exchange for receiving radiology business from these physicians.
"The Defense Criminal Investigative Service is committed to protecting the integrity of TRICARE, the U.S. military health care program, so that it may continue to provide quality medical care to America's Warfighters and their families, said John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service - Southeast Field Office."
“It is unconscionable for a physician to allow someone without the proper medical training to administer a test that could cause serious harm” said Shimon Richmond, Special Agent in Charge for the HHS Office of the Inspector General. “Not only do the kinds of frauds that were alleged in this case rob Medicare of needed funds, they threatened the health of elderly and disabled Americans.”
The investigation was handled by Assistant U.S. Attorney Kyle S. Cohen from the Fort Myers Division of the U.S. Attorney’s Office for the Middle District of Florida and Trial Attorney Eva Gunasekera from the Civil Division’s Commercial Litigation Branch, with assistance from HHS-OIG and DCIS.
The two lawsuits are captioned United States ex. rel. Schimke v. Rose Radiology Centers, Inc., Case No. 8:12-cv-2576-T35-MAP and United States ex. rel. Miller v. Rose Radiology, Inc., Case No. 8:13-CV-2757-T-35-EAJ. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Fort Myers Urologist Agrees to Pay More Than $1 MillionRead the Press Release
Fort Myers, FL – United States Attorney A. Lee Bentley, III announces that David Spellberg, M.D., has agreed to pay $1,050,000 to the government to resolve allegations that he violated the False Claims Act by causing claims to be submitted to federal health care programs for laboratory tests that were not medically necessary.
During the relevant time period, Spellberg was a board certified urologist practicing as part of Naples Urology Associates, which was a division of 21st Century Oncology, LLC. 21st Century is a nationwide provider of integrated cancer care services that is headquartered in Fort Myers. As part of its business, 21st Century employs and affiliates with physicians in specialty fields such as radiation oncology, medical oncology, and urology.
The settlement announced today resolves allegations that Spellberg submitted claims to Medicare and Tricare for fluorescence in situ hybridization, or “FISH,” tests that were not medically necessary. FISH tests are laboratory tests performed on urine that can detect genetic abnormalities associated with bladder cancer. Medicare does not consider a FISH test reasonable or necessary unless it’s used to monitor for tumor reoccurrence in a patient previously diagnosed with bladder cancer or unless, after performing a full urologic workup, the physician has reason to suspect that a patient with hematuria (i.e., blood in the urine) may have bladder cancer.
In January 2010, Spellberg became an employee of 21st Century and began referring all of the FISH testing ordered by him to a laboratory owned and operated by 21st Century. He was paid bonuses by the company based, in part, on the number of FISH tests he referred to the 21st Century laboratory.
The allegations that Spellberg was ordering unnecessary FISH tests were originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower, a former medical assistant who worked directly for Dr. Spellberg, will receive $199,500 as her share of this recovery. This amount is in addition to a $3.2 million share she will receive as the result of the $19.75 million settlement previously reached with 21st Century Oncology.
“We intend to hold those accountable who intentionally use fraudulent practices to make a profit at others’ expense,” said U.S. Attorney A. Lee Bentley, III. “False claims such as these impact the solvency of our public healthcare programs and erode the confidence of those being serviced by that care.”
"This settlement demonstrates the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the U.S. military health care program (TRICARE) against fraudulent claims submitted by both corporate and individual medical services providers," said Special Agent in Charge John F. Khin, Southeast Field Office.
The investigation was handled by Trial Attorney Arthur Di Dio from the Civil Division’s Commercial Litigation Branch and Assistant U.S. Attorney Kyle S. Cohen from the Fort Myers Division of the U.S. Attorney’s Office for the Middle District of Florida, with assistance from DCIS, FBI, and the Department of Health and Human Services Office of Inspector General.
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 $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered in cases involving fraud against federal health care programs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
The lawsuit is captioned United States, State of Florida, ex rel. Mariela Barnes v. Dr. David Spellberg, 21st Century Oncology and Naples Urology Associates, Civil Action No. 2:13-cv-228-FtM-38DNF (M.D. Fla.).
Two Tampa Men Sentenced for Tax Fraud and Identity Theft ConspiracyRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington today sentenced Kareem Spann and Cedrick Brown to 7 years, and 10 years and 4 months, in federal prison, respectively, for theft of government property and identity theft stemming from their involvement in a Stolen Identity Refund Fraud (SIRF) conspiracy. The Court also entered a money judgment in the amount of $412,758.84, the amount of the proceeds of the criminal conduct.
Spann pleaded guilty on October 7, 2015, and Brown pleaded guilty on October 14, 2015.
According to court documents, Spann, Brown and others engaged in a conspiracy and scheme to steal identities, file fraudulent federal income tax returns, obtain tax refunds in the names of the identity theft victims, and share in the proceeds. On September 7, 2013, Tampa Police Department officers went to a Tampa residence in an attempt to locate suspects related to a shooting investigation. At the residence, officers recovered ammunition, H&R Block prepaid/reloadable debit cards, a backpack containing more than 20 prepaid or reloadable debit cards, and paperwork listing numerous names and Social Security numbers (“PII”). Both Spann’s and Brown’s fingerprints were found on multiple pages of a notebook containing PII found inside the backpack. The investigators also seized computers and tables that had been used to electronically file federal income tax returns.
The next day, Spann was identified as the driver of a parked car, along with Brown and others, in front of the same Tampa residence. A search of the car revealed a piece of paper with a list of names and Social Security numbers, which appeared to be a printout of medical records. An H&R Block prepaid card was also recovered, along with a loaded Glock handgun, a 30-round magazine, loose marijuana, $1036 in cash from an occupant, and five cellular smart phones. Further investigation revealed that Spann, Brown, and their co-conspirators had used the debit cards at various locations.
The Internal Revenue Service determined that these conspirators and others had filed fraudulent tax returns for the 2011 and 2012 tax years, claiming refunds totaling $2,317,095 and receiving refunds in the amount of $412,326.42. The conspirators used the stolen PII of over 250 victims.
This case was investigated by the Tampa Police Department and the Internal Revenue Service - Criminal Investigations. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Tampa Man Convicted of Tax FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Frazier Williams, Jr. guilty of willfully aiding and assisting in the preparation and presentation of a tax return, which he knew to be false and fraudulent. Williams faces a maximum penalty of three years in federal prison. His sentencing hearing is scheduled for April 14, 2016. Williams was indicted on February 10, 2015.
According to evidence presented at trial, Williams, an officer of Aztech Energy Corporation, assisted in the preparation of a federal corporate income tax return for Aztech that fraudulently inflated the amount of fuel tax credits the corporation was entitled to by more than $2 million.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Robert A. Mosakowski.
Naples Woman Sentenced to A Year and A Day for Evading Financial Reporting RequirementsRead the Press Release
Fort Myers, Florida – U.S. District Judge John E. Steele has sentenced Lorie Ann Williams to one year and a day in federal prison for structuring financial transactions. As part of her sentence, the Court also entered a money judgment in the amount of $332,500, the proceeds traceable to the offense. Williams will be jointly and severally liable for the amount of the money judgment, along with her husband and co-defendant, Sydney Jackson Williams, Jr., who has not yet been sentenced.
Lorie Ann Williams pleaded guilty on October 27, 2015.
According to court documents, subsequent to two civil lawsuits being brought against him, Sydney Jackson Williams, Jr., transferred more than $3 million in joint marital assets into an account in Lorie Ann Williams’s name. Soon thereafter, she began withdrawing funds her account in structured cash withdrawals. Between March 3, 2010, and April 22, 2010, Lori Ann Williams made 35 separate cash withdrawals, totaling $332,500, from her solely-owned checking account. She wrote checks from the account, made payable to cash, each in the amount of $9,500.
Ultimately, on September 30, 2010, Sydney Jackson Williams, Jr. filed a Chapter 11 bankruptcy petition with the United States Bankruptcy Court in the Middle District of Florida.
Pursuant to the Bank Secrecy Act, financial institutions are required to file a "Currency Transaction Report" with the United States Treasury Department for each financial transaction that involves United States currency in excess of $10,000. These transactions include deposits, withdrawals, check cashing, or other transactions involving the physical transfer of currency from one person to another.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Yolande G. Viacava and Charles D. Schmitz.
Jacksonville Fugitive Sentenced to Federal Prison for Passing Counterfeit Currency and Failing to Appear for SentencingRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis today sentenced Charles Cornelius Smith (36, Jacksonville) to 30 months in federal prison for passing counterfeit Federal Reserve notes and failing to appear for his sentencing hearing. As part of the sentence, the Court ordered Smith to pay restitution to the various individuals that he defrauded.
According to court documents, in December 2014, Smith was indicted on three counts of uttering counterfeit Federal Reserve notes. He was arrested on January 20, 2015, and was released on bail. Smith pleaded guilty on February 6, 2015, and a sentencing hearing was set for May 27, 2015. On the day of sentencing, however, Smith failed to appear. Approximately four months later, Smith was arrested by deputies from the U.S. Marshals Service in Jacksonville.
This case was investigated by the United States Secret Service, Jacksonville Field Office and the U.S. Marshals Service. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Former Marion County, Florida, Deputy Sheriff Charged with Excessive Use of ForceRead the Press Release
Former Marion County, Florida, Deputy Sheriff Jesse Alan Terrell, 33, was indicted late yesterday on charges of violating the civil rights of “D.P.”, an unnamed victim, by using excessive force during an arrest. The indictment was returned by a federal grand jury in the Middle District of Florida, and was announced by Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, and U.S. Attorney A. Lee Bentley III of the Middle District of Florida.
The indictment alleges that on Aug. 7, 2014, Terrell, while working as a deputy sheriff with the Marion County Sheriff’s Office, assaulted “D.P.,” resulting in bodily injury. The indictment alleges that Terrell repeatedly struck, kneed and kicked the victim in the head, neck and shoulder area.
If convicted, the defendant faces a maximum sentence of 10 years in prison and a fine of up to $250,000.
An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s Jacksonville Division, and is being prosecuted by U.S. Attorney A. Lee Bentley III of the Middle District of Florida and Mark Blumberg and Maura White of the Civil Rights Division’s Criminal Section.
Terrell Indictment
Former Marion County Deputy Charged with Excessive Use of ForceRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging former Marion County Deputy Sheriff Jesse Alan Terrell, 33, with violating the civil rights of “D.P.”, an unnamed victim, by using excessive force during an arrest.
The indictment alleges that on Aug. 7, 2014, Terrell, while working as a deputy sheriff with the Marion County Sheriff’s Office, assaulted “D.P.,” resulting in bodily injury. The indictment alleges that Terrell repeatedly struck, kneed and kicked the victim in the head, neck and shoulder area.
If convicted, the defendant faces a maximum sentence of 10 years in prison and a fine of up to $250,000.
An indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
Four other deputies from the Marion County Sheriff’s Office were previously charged for their roles in the August 2014 incident. Cody Hoppel, Adam Crawford, James Amidei, and Trevor Fitzgerald have each pleaded guilty to federal civil rights violations and are currently awaiting sentencing.
This case is being investigated by the FBI’s Jacksonville Division, and is being prosecuted by U.S. Attorney Bentley and Mark Blumberg and Maura White of the Civil Rights Division’s Criminal Section.
Bradenton Man Pleads Guilty to Selling Counterfeit, Unapproved, and Misbranded DrugsRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Robert Lohr (72, Bradenton) today pleaded guilty to conspiracy to smuggle goods into the United States. He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, from July 2009 through September 25, 2015, Lohr operated a business in Bradenton known as “Canadian American Drug Club” or “American Drug Club of Bradenton.” The business sold and distributed illegally smuggled prescription drugs, including Viagra, Cialis, Achiphex, and Lipitor, as well as other drug products that were falsely represented as “herbal”, but that contained active prescription ingredients. At no time was Lohr ever licensed as a pharmacist, a drug importer, or drug wholesaler. Neither was American Drug Club a licensed pharmacy or licensed drug importer or wholesaler.
Between March 21, 2014, and September 15, 2015, several undercover purchases of misbranded, unapproved, and counterfeit prescription drugs were made from Lohr’s business. Prescriptions for Viagra and Cialis were filled and mailed from the business, along with counterfeit drugs made in China. Other prescription drugs, such as Achiphex and Lipitor, were filled by foreign pharmacies with foreign drugs, which had not been approved for the U.S. market. Lohr also sold several herbal Viagra products, without prescriptions, that had been illegally smuggled from China. These products, with names such as “Maxmen”, “Superhard”, or “Vigour,” contained Sildendafil Citrate, the active pharmaceutical ingredient in Viagra. Several of the packages addressed to Lohr’s business, containing the counterfeit drugs, were seized by U.S. Customs and Border Protection.
Lohr generated more than $1.1 million in sales from these counterfeit drugs. The proceeds were deposited in the form of cash, third-party customer checks, and bank card transactions into business and personal bank accounts controlled by Lohr and others. The proceeds from the sales were seized and forfeited in September 2015, including $765,909.35 from an investment account, $60,722 from a business bank account, as well as $79,700 in cash that was stored in Lohr’s safe deposit box. Another $20,135 in cash was seized from Lohr’s business.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigaitons and the United States Food and Drug Administration (“FDA”), which is responsible for protecting the health and safety of the American public, and ensuring that drugs intended for human use bear true and accurate information and are safe and effective for their intended uses. This case is being prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Holly Gershow.
Lake City Man Sentenced to 13 Years in Federal Prison for Transportation of Child PornographyRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Robert Lamar Starling (31, Lake City) to 13 years in federal prison for transporting child pornography over the Internet. He was also ordered to serve a 15-year term of supervised release and to register as a sex offender. He has been in federal custody since his arrest on May 1, 2014.
According to court documents, beginning in September 2013, FBI agents executed a series of search warrants on several email accounts around the country and determined, among other things, that a user in Lake City, Florida had uploaded images of child pornography to the Internet, using an account on a photo sharing site. Further investigation traced the account back to a residence in Lake City, where Starling resided.
On May 1, 2014, FBI agents and other law enforcement officers executed a federal search warrant at the residence. Starling was not at the residence, but was located later that morning driving his golf cart at the Suwannee Music Park & Campground in Live Oak. During an interview at his campsite, Starling stated that he had produced pornographic images of several prepubescent children. Subsequent analyses of Starling’s laptop computer revealed that it contained more than 8,000 images and over 2,000 videos depicting child pornography.
This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, the Suwannee County Sheriff’s Office, the Florida Department of Law Enforcement, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Atlantic Beach Attorney Charged with Embezzling from Bankruptcy EstateRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging William Reid Penuel (37, Ponte Vedra Beach) with embezzlement from a bankruptcy estate and making a false statement. If convicted, he faces up to five years in federal prison on each count. Penuel was arraigned in federal court today and was released on a $50,000 bond.
According to the indictment, between March 2015 and July 2015, Penuel, while serving as the Chapter 7 Trustee in a business bankruptcy case, embezzled estate funds held in a BB&T bank account. The indictment further alleges that, on August 19, 2015, Penuel lied to an FBI agent when he claimed that he had transferred the estate funds to his account at Ameris Bank. In fact, Penuel did not have an account at Ameris Bank.
An indictment is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Jacksonville office of the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Dale Campion.
Members of Counterfeit Currency Conspiracy SentencedRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Sandra Nieves (41, Orlando) to three years and ten months in federal prison for conspiring to pass and possess counterfeit currency. Her co-conspirator, Eileen Santos (51, Orlando), was sentenced to seven months in federal prison for her role in this case. Both women were found guilty by a federal jury on October 28, 2015.
According to evidence presented during trial and sentencing, between December 2011 and January 2012, Nieves, Santos, along with co-conspirators Jorge Ortiz-Pulgarin, Ramon Rodriguez, Carlos Fuentes, and others, traveled from central Florida up the east coast of the United States with approximately $40,000 in counterfeit currency. The group stopped at more than 30 locations to make small purchases. They used counterfeit $100 bills and received genuine U.S. currency as change. Additionally, Nieves made two trips to Colombia to obtain more than $100,000 in counterfeit currency to bring back into the United States.
Five others members of the conspiracy were previously federally charged, convicted, and sentenced for their roles in this case. Fabian Ortiz and Erik Rodriguez were each sentenced to 27 months’ imprisonment; Jorge Ortiz-Pulgarin was sentenced to 21 months in federal prison; Ramon Rodriguez and Carlos Fuentes were sentenced to serve 7 and 6 month sentences, respectively.
This case was investigated by the United States Secret Service. It was prosecuted by Assistant United States Attorneys Embry J. Kidd and Shawn P. Napier.
Four Family Members Sentenced to Federal Prison for Purchasing Theme Park Tickets with Counterfeit Credit CardsRead the Press Release
Orlando, Florida – Senior U.S. District Judge G. Kendall Sharp has sentenced four family members for their involvement in an access device fraud ring. Eileen Hightower (50, Kissimmee) was sentenced to three years and ten months in federal prison. Her children, Samuel Velasquez, Jr. (26, Kissimmee) and Sabrina Velasquez (25, Kissimmee), along with her niece, Jennifer Cancel (28, Hartford, CT), were each sentenced to serve a term of three years’ imprisonment. The Court also ordered the individuals to pay a total of $107.097.33 in restitution. Each previously pleaded guilty for their role in this case.
According to court documents, the group had obtained counterfeit driver licenses and counterfeit credit cards encoded with stolen account information. The account numbers actually belonged to cardholders who were victimized by this scheme. The counterfeit credit cards were used by Hightower and her family members to purchase Orlando-area theme park tickets at hotel ticket kiosks throughout central Florida. They then sold the fraudulently-obtained tickets to ticket resellers in Kissimmee. Over a period of a few months, more than $100,000 in theme park tickets were fraudulently purchased and then resold.
This case was investigated by the United States Secret Service and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Daniel C. Irick.
DeLand Man Convicted of Conspiring to Distribute Three Kilograms of CocaineRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Alejandro Estrada Aplesa (27, DeLand) guilty of possession with intent distribute cocaine, and conspiracy to possess with intent to distribute, and to distribute, cocaine. He faces a maximum penalty of 40 years in federal prison for each count. A sentencing date has not yet been set.
Aplesa was charged by a superseding indictment on December 16, 2015.
According to evidence presented at trial, on August 24, 2015, Aplesa was stopped for speeding in St. Johns County on Interstate I-95. The St. Johns County Sheriff’s Office deployed a canine and handler team, which detected the presence of illegal drugs in the car. A search of the car revealed three one-kilogram bundles of cocaine in a bag under the driver’s seat. At the scene, Aplesa and his passenger denied that there were drugs in the car.
During the trial, Aplesa testified, denying that the cocaine had been his and asserted that he had been asked to run an errand, not knowing that the delivery of cocaine was involved. Aplesa claimed he had discovered the cocaine in the car only minutes before the traffic stop and that he had been returning to confront the man ultimately responsible for sending him on the delivery, but had been stopped by the police before he could do so.
This case was investigated by the St. Johns County Sheriff’s Office, the Putnam County Sheriff’s Office, and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Michael J. Coolican and Frank Talbot.
Tampa Man Sentenced to Federal Prison for Manufacturing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – Senior United States District Judge Henry Lee Adams has sentenced Darius Jondi Edwards (36, Tampa) to 33 months in federal prison for manufacturing counterfeit Federal Reserve notes. As part of his sentence, the Court ordered Edwards to pay restitution to the various businesses that he had defrauded.
According to court documents, Edwards used computer media to manufacture counterfeit Federal Reserve notes in denominations of $10, $20, and $100, then provided them to his co-defendant, Timothy Deante Burroughs. During the same period, Burroughs and Edwards entered various businesses in Jacksonville and passed counterfeit $100 bills. On December 1, 2014, Burroughs entered a Publix and passed counterfeit cash. Upon being confronted by store employees, he fled on foot. Officers from the Jacksonville Sheriff’s Office soon located Burroughs at a nearby motel and detained him. A search of the motel room resulted in the recovery of additional counterfeit $100 bills and led law enforcement to another motel in the immediate vicinity.
At the second location, law enforcement encountered Edwards in front of a motel room. During a search of his room, officers located sheets of uncut counterfeit $100, $20, $10, $1 bills, along with several bleached genuine $10 bills printed as counterfeit $100 notes. They also recovered multiple computers and printers being used by Edwards to manufacture counterfeit currency.
On December 20, 2015, Burroughs was sentenced to 21 months in federal prison for his role in the case. As part of his sentence, the Court ordered Burroughs to pay restitution to the various businesses that he had defrauded.
This case was investigated by the Jacksonville Sheriff’s Office and the United States Secret Service, Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Nassau County Nurse Sentenced to Six Years for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Ronald Eugene Mabrey, Jr. (34, Callahan) to six years in federal prison for receiving child pornography over the Internet. He was also ordered to register as a sex offender and to forfeit his computer media. Mabrey has been in federal custody since his arrest on July 28, 2015.
According to court documents, on July 28, 2015, FBI agents and other law enforcement officers executed a federal search warrant at Mabrey’s residence. During an interview, Mabrey admitted that he had searched for, downloaded, and viewed “all types” of child pornography, and he stated that his addiction to child pornography had started about four years ago. A subsequent forensic examination of Mabrey’s laptop and a thumb drive revealed more than 190 videos and at least 4,000 images depicting child pornography.
This case was investigated by the Federal Bureau of Investigation, the Nassau County Sheriff’s Office, the Florida Department of Law Enforcement, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Conspirators in Illegal Commercial Driver License Scheme SentencedRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Ellariy Medvednik (49, Oviedo) to one year in federal prison and a fine of $30,000 for conspiring to aid and abet the unlawful production of Florida driver licenses and commercial driver licenses (“CDLs”). Natalia Dontsova (50, Tarzana, CA) was previously sentenced to 10 months in federal prison for the same offense. A third co-conspirator, Adrian Salari, remains at large.
According to court documents, Medvednik, Dontsova, and Salari were affiliated with Larex, Inc., a commercial truck driving school. Larex marketed itself to Russian speakers online. Individuals residing out-of-state seeking to obtain Florida CDLs contacted Larex’s owner, Medvednik, to arrange for Larex’s services at a cost of approximately $2,000. Those individuals then traveled to Florida to obtain their CDLs with the intention of returning to their home states immediately afterward. However, to obtain a Florida CDL, an individual must first possess a Florida driver license. The State of Florida restricts its driver licenses and CDLs to Florida residents. Medvednik, Dontsova, and Salari conspired to provide false documentation that the individuals resided with them, so that the individuals could obtain Florida driver licenses.
Larex also assisted the students with additional requirements for obtaining a CDL. Dontsova, using covert communication equipment, provided answers to the students during the written portion of the CDL exam, the successful completion of which led to the issuance of a commercial learner’s permit. She was paid $1,000 by each applicant she had assisted.
As a result of this scheme, the State of Florida is requiring hundreds of CDL holders associated with Larex and its affiliates to be retested to ensure that they are properly certified.
“The sentencing of Ellariy Medvednik and Natalia Dontsova for aiding and abetting the unlawful production of commercial driver licenses, and Florida driver licenses, is a clear signal that strong penalties await those that would seek to decrease safety on the Nation’s roadways,” said Marlies T. Gonzalez, DOT OIG regional Special Agent-in-Charge. “Working with our law enforcement and prosecutorial colleagues, we will continue our vigorous efforts to prevent, detect and prosecute violations of laws and regulations, CDL and otherwise, designed to ensure the public’s safety.”
This case was investigated by the U.S. Department of Transportation’s Office of Inspector General, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation, and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
Spring Hill Man Pleads Guilty to Making A False StatementRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Jason Pond (38, Spring Hill) today pleaded guilty to making a false statement in an application to obtain a United States Department of Housing and Urban Development (HUD) loan. He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, on September 28, 2010, Pond purchased his home in Spring Hill for $110,000. Along with his wife, they received a loan of $49,650 from HUD’s Neighborhood Stabilization Program (NSP), as a second mortgage on the home. The NSP was established by HUD to provide emergency assistance to stabilize communities with high rates of abandoned and foreclosed homes. The NSP was designed to assist households whose annual incomes are up to 120 percent of the area median. This loan program would not have required Pond to repay the loan if he lived in the home for 15 years.
In an application to participate in the program, Pond provided false and incomplete information related to his debts, assets, employment, income, and tax returns. One example of a debt that he failed to disclose was a loan that he had received from another government program to obtain a different home. He also did not disclose income he earned from his DJ business, or that he owned certain assets, including two cars and a boat.
This case was investigated by the HUD Office of Inspector General and the Hernando County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Adam M. Saltzman.
Orlando Woman Sentenced to Three Years in Federal Prison for Stolen Identity Refund FraudRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. yesterday sentenced Shantrell Sharae Stephenson to three years in federal prison for stolen identity refund fraud. She was also ordered to pay $92,532 in restitution to the Internal Revenue Service. She pleaded guilty on August 26, 2015.
According to court documents, Lori Ann Dilworth, a contract employee who worked in the inmate records section at the Orange County Jail, stole the personal identification information of 36 inmates and provided that information to Stephenson and others to use to file false tax returns. Another co-conspirator, Richard Damarick Mitchell, served as an intermediary between Dilworth and Stephenson. In total, more than $100,000 in fraudulent tax returns were filed with the IRS as part of the conspiracy.
Mitchell and Dilworth were also prosecuted for their roles in this conspiracy. On October 26, 2015, Mitchell was sentenced to three years and six months in federal prison. Dilworth was sentenced to two years and one month in federal prison on November 2, 2015.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
Fort Myers Man Sentenced to 5 Years in Prison for Filing False Tax Returns and Aggravated Identity TheftRead the Press Release
Fort Myers, Florida – Senior U.S. District Judge John E. Steele today sentenced Stafford Kelly to five years in federal prison for filing false or fictitious claims with the IRS and aggravated identity theft. The Court also ordered him to pay $98,065 in restitution to the IRS. Kelly pleaded guilty on September 29, 2015.
According to court documents, between February and May 2013, Kelly, working with others, filed approximately 80 false income tax returns requesting $288,021 from the IRS. These returns were filed using stolen identities and personal identifying information belonging to others.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney David G. Lazarus.
Quincy Man Sentenced to 15 Years for Two Bank RobberiesRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard today sentenced Kenneth Lamar Ellington (47, Quincy) to 15 years in federal prison for committing two bank robberies. He was also ordered to pay $4,105 in restitution. A federal jury found Ellington guilty in July 2015.
According to evidence presented at trial, on the morning of April 9, 2014, Ellington robbed a branch of TD Bank in Live Oak, Florida using a demand note and indicating that he had a weapon in his waist, which was not recovered. At the time of the robbery, he was wearing a hat and a fake beard. Upon exiting that bank, Ellington dropped the cash after a dye pack exploded.
Approximately three hours after the first robbery, Ellington entered the First Federal Bank of Florida, also in Live Oak, wearing the same disguise. He again presented a demand note to a teller, and stated “Hurry up and no one will get hurt.” Ellington escaped from the second bank with $4,105.
Soon after the robbery, a witness in a nearby business’s parking lot found a garbage bag containing Ellington’s disguise and the shirt that he had worn during both robberies. Florida Department of Law Enforcement analysts located Ellington’s fingerprint on the garbage bag, along with his DNA on the disguise and shirt. In addition, a witness recalled seeing a black Dodge Charger parked before the robbery at the location where Ellington’s disguise was later recovered. When Ellington was arrested on April 14, 2014, he was driving a black Dodge Charger.
Ellington also faces a separate criminal proceeding in federal court in Tallahassee for violating his supervised release. In April 2014, at the time of the Live Oak bank robberies, Ellington was on federal supervised release in the Northern District of Florida for prior felony convictions.
This case was investigated by the Live Oak Police Department, the Suwanee County Sherriff’s Office, the Perry Police Department, the Florida Department of Law Enforcement, and the Jacksonville office of the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Dale R. Campion and Michael J. Coolican.
Former Real Estate Associate Convicted of Bank Fraud in Tampa Mortgage SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Joseph L. Pasquale (39, Fort Myers) guilty of one count of conspiracy to commit bank fraud and four counts of bank fraud. He faces a maximum penalty of 30 years’ imprisonment for each count. His sentencing hearing has been scheduled for April 8, 2016.
According to testimony and evidence presented at trial, Pasquale worked as a real estate sales associate for a brokerage firm based in Cape Coral. Between October 2007 and March 2008, he was involved in the negotiation and sale of four condominium units at the Arbors of Carrollwood, to clients in California and Massachusetts. Pasquale engaged in a conspiracy to conceal sales incentives from mortgage lenders, which these clients received from the seller, along with private loans that Pasquale made to the buyer-clients enabling them to bring cash to their respective real estate closings. As a consequence of his actions, Pasquale helped to cause a loss of approximately $937,000 to Wells Fargo Bank when the mortgages involved in the case went into foreclosure.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency-Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay L. Hoffer.
Holiday Man Indicted for Multiple Bank RobberiesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Anthony Maresca (53, Holiday) with five counts of armed bank robbery, one count of armed attempted bank robbery, and three counts of possessing and using a firearm during a crime of violence. The alleged robberies occurred in Pinellas, Pasco, and Hernando counties between November 2014 and May 2015. If convicted on all counts, he faces up to life in federal prison. The indictment also notifies him that the United States intends to forfeit the money he obtained from the robberies, as well as the firearm he used during the offenses.
An indictment is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation, the Pinellas County Sheriff’s Office, the Pasco County Sheriff’s Office, the Hernando County Sheriff’s Office, the Clearwater Police Department, and the Pinellas Park Police Department. It will be prosecuted by Assistant United States Attorneys Michael Leeman and Simon Gaugush.
Courtnee Brantley Ordered to Begin Prison Sentence for Misprision of Felony ConvictionRead the Press Release
Tampa, Florida - U.S. District Judge James S. Moody, Jr. today ordered Courtnee Brantley to surrender to the custody of the United States Marshal or to the institution designated by the Bureau of Prisons on January 4, 2016 to begin serving the 12 months and one day sentence imposed in June 2013. The Court’s Order follows the December 17, 2015 affirmance of Brantley’s conviction and sentence for misprision of felony by the Eleventh Circuit Court of Appeals, after a lengthy appeals process.
Brantley was found guilty of the crime by a federal jury on January 16, 2013, following a second trial in the case. The first trial resulted in a hung jury.
Brantley's charge and conviction resulted from her actions following the murders of Tampa Police Officers David Curtis and Jeffrey Kocab on June 29, 2010 by Dontae Morris. Brantley was operating a vehicle without a tag, resulting in Officer Curtis stopping the vehicle and the ensuing fatal encounter. The evidence at the trial revealed that Brantley left the scene of the shooting and concealed her vehicle. Brantley further communicated with Morris following the murders.
This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation, the Hillsborough County Sheriff's Office, the Florida Department of Law Enforcement, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and other federal and local law enforcement agencies. It was prosecuted by Assistant United States Attorney James C. Preston, Jr. The appeal was handled by Assistant United States Attorney David Rhodes, Chief of the Appellate Division, and Assistant United States Attorney Yvette Rhodes.
Tampa Man Sentenced to More Than Eight Years for Stealing and Cashing Rent Checks Throughout FloridaRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday yesterday sentenced Juan Carlos Miranda Noda (29, Tampa) to eight years and one month in federal prison for conspiracy to commit bank fraud. The Court also entered a forfeiture money judgment in the amount of $259,257, which constituted the proceeds of the conspiracy, and a restitution order in the amount of $424,433, to be paid to the victims.
According to court documents, from in or around May 2013, through 2015, Miranda Noda was the ring leader of a group of conspirators who stole rent payments from rent collection boxes at apartment complexes across the State of Florida and in Georgia. The conspirators staked out the drop boxes, burglarized them, and kept the money orders that the victim renters had purchased to pay their rent. The conspirators then washed or altered the original money orders, replacing the original names with their own names, and deposited the stolen money orders into accounts under their control at several banks located throughout Hillsborough and Pinellas Counties. They then shared in the proceeds of the thefts.
Five other conspirators will be sentenced for their involvement over the coming weeks.
This case was investigated by the United States Secret Service, the Clearwater Police Department, the Hillsborough County Sheriff’s Office, the Tampa Police Department, the Pasco County Sheriff’s Office, the Temple Terrace Police Department, the St. Petersburg Police Department, the Largo Police Department, the Bradenton Police Department, the Sarasota Police Department, the Sarasota County Sheriff’s Office, the Manatee County Sheriff’s Office, and the Palmetto Police Department. It is being prosecuted by Assistant United States Attorneys Amanda Riedel and Megan Kistler.
Nassau County Man Pleads Guilty in Federal Court to Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Jeremy Chris Cartrette (38, Yulee) has pleaded guilty to receiving child pornography over the Internet. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison, and a potential life term of supervision. The plea agreement also requires Cartrette to forfeit his computer media and to register as a sex offender upon his release from prison. A sentencing hearing has not yet been set.
According to court documents, an FBI task force officer began an undercover investigation to identify individuals in the Jacksonville area who were using an online network to receive and distribute images and videos of child pornography over the Internet. The officer was able to determine that a host computer using a particular Internet Protocol address was associated with known child pornography, and was able to connect to this computer and download several images that depicted child pornography. Information from the Internet service provider revealed that this host computer was located at a residence in Yulee, Florida, where Jeremy Chris Cartrette lived.
On June 19, 2015, law enforcement executed a federal search warrant at Cartrette’s residence and seized a laptop computer and an external hard disk drive. During an interview with agents, 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.” A forensic analysis of his 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 is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former U.S. Army Corps of Engineers Employee Pleads Guilty to Lying to Investigators About Placing A Confederate Flag on African-American Co-worker's DeskRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Susan R. Thompson (58, Jacksonville) yesterday pleaded guilty to making false statements to a federal officer. She faces a maximum penalty of five years in federal prison. No sentencing date has been set.
According to the plea agreement, on June 24, 2015, Thompson used her home computer to print an image of the Confederate battle flag. The next morning, she brought the flag to a U.S. Army Corps of Engineers facility in Jacksonville, Florida, where she worked as a civilian employee. Thompson surreptitiously placed the image of the flag on the desk of an African-American woman, with whom Thompson had a contentious working relationship and a history of loud workplace confrontations.
These events occurred one week after nine people were shot and killed at a historically black church in Charleston, South Carolina.
After Thompson’s co-worker found the image of the flag on her desk, inspectors from the Federal Protective Service were notified and opened an investigation to determine if there had been a breach of security at the facility, whether the image was intended as a threat of violence, and whether any federal crimes had been committed. During that investigation, Thompson agreed to be interviewed and lied to the inspectors on two separate occasions, denying that she had placed the image of the flag on her co-worker’s desk. Thompson eventually admitted that she had been angry with her co-worker and that she had placed the image of the Confederate flag on the desk, but denied that her actions were racially-motivated. Following an internal investigation by the Army Corps of Engineers, Thompson was permitted to resign from federal employment in lieu of termination.
This case was investigated by the U.S. Department of Homeland Security, Federal Protective Service. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
Orlando Man Pleads Guilty to Child Sex TraffickingRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Hermenegildo Campa (34, Orlando) today pleaded guilty to child sex trafficking. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been set.
According to the plea agreement, the victim in this case was a 15-year-old girl who was pregnant and homeless. She had run away from home and turned to prostitution as a means of surviving. Between October 2014 and February 2015, when the victim was in need of money, she would place ads on Backpage.com and engage in sex acts for money. Campa located the victim through Backpage.com and he met with her and paid her in exchange for sex.
Detectives with the Jacksonville Sheriff’s Office (JSO) Vice Unit ultimately located the victim during a routine vice operation. They immediately recognized that she was a juvenile and referred the investigation to a specialized human trafficking task force comprised of JSO investigators and the FBI. The victim informed the investigators that Campa was one of her regular customers and advised that his number was saved in her cellphone as “Chico.” The victim also provided details about Campa’s vehicle and where he lived. Investigators were able to identify Campa based on these descriptions.
On April 9, 2015, Campa was arrested at his home in Orlando. During an interview with law enforcement, he admitted to finding the victim on Backpage.com, contacting her, and paying to have sex with her.
This case was investigated by the Jacksonville Sheriff’s Office and the FBI. It is being prosecuted by Assistant United States Attorney Mac D. Heavener, III.
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 (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.
Bradenton Man Sentenced to 27 Years for Child Pornography OffensesRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Kevin Brien Darr (50, Bradenton) to 27 years in federal prison for transporting and receiving child pornography. The Court also ordered him to forfeit two cellphones he had used during the offenses. Darr pleaded guilty on September 16, 2015.
According to court documents, in May 2015, an undercover law enforcement officer observed multiple child pornography files that Darr had been posted to an Internet messaging application. On June 25, 2015, a search warrant was executed at Darr’s residence and agents seized his cellphones. Forensic analyses of the phones revealed more than 500 videos and 4,000 images of child pornography, including multiple files depicting prepubescent minors and sadomasochistic conduct. During the sentencing hearing, Darr admitted to previously abusing a minor female over a period of several years.
"This predator possessed thousands of images of the most egregious crimes against our children. Every time these horrific images or videos are viewed, it amplifies the pain inflicted on these young victims," said Susan L. McCormick, special agent in charge of HSI Tampa. "This strong sentence emphasizes how committed we are to protecting our children and bringing these criminals to justice.”
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorneys Jennifer Peresie and 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 Man Arrested and Charged with Possession of Child PornographyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the arrest and filing of a criminal complaint charging David Kneitel (56, Tampa) with possession of child pornography. If convicted, he faces a maximum penalty of 10 years in federal prison.
According to the complaint, a federal search warrant was executed at Kneitel’s residence yesterday. A preliminary review of his computer revealed numerous images and videos depicting child pornography, including images of prepubescent children engaged in sexually explicit conduct.
This case is being investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Jennifer L. Peresie.
A criminal complaint is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was 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.
21st Century Oncology to Pay $19.75 Million to Settle Alleged False Claims for Unnecessary Laboratory TestsRead the Press Release
Fort Myers, FL – 21st Century Oncology LLC, has agreed to pay $19.75 million to the government to resolve allegations that it violated the False Claims Act by billing federal health care programs for laboratory tests that were not medically necessary, the Justice Department announced today. 21st Century is a nationwide provider of integrated cancer care services that is headquartered in Fort Myers, Florida.
“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 will face serious consequences.”
The settlement announced today resolves allegations that 21st Century submitted claims to Medicare and Tricare for fluorescence in situ hybridization, or “FISH,” tests that were not medically necessary. FISH tests are laboratory tests performed on urine that can detect genetic abnormalities associated with bladder cancer. The government alleged that 21st Century submitted claims for unnecessary FISH tests that were ordered by four of its urologists, Dr. Meir Daller, Dr. Steven Paletsky, Dr. David Spellberg and Dr. Robert Scappa, all of whom practiced in the Fort Myers area. The government also alleged that 21st Century encouraged these physicians to order unnecessary FISH tests by offering bonuses that were based in part on the number of tests referred to 21st Century’s laboratory. Today’s settlement resolves the civil liability of 21st Century only.
“Charging the government for clearly unnecessary medical services squanders taxpayer dollars,” said U.S. Attorney A. Lee Bentley, III of the Middle District of Florida. “Our office will continue to pursue health care providers who defraud the United States, thereby threatening the viability of government health care programs, such as Medicare.”
“These tests were ordered to increase profits, not improve the healthcare of patients,” said Special Agent in Charge Shimon Richmond of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “This kind of unvarnished fraud is an attack on Medicare by unscrupulous providers and the OIG and its federal partners will take whatever steps are necessary to stop them.”
“This settlement demonstrates the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the U.S. military health care program (TRICARE) against fraudulent claims for medical services, said Special Agent in Charge John F. Khin of DCIS’s Southeast Field Office.”
The settlement resolves allegations originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower, a former 21st Century Oncology LLC medical assistant, will receive $3.2 million as her share of the recovery in this case.
The investigation was handled by Trial Attorney Arthur Di Dio from the Civil Division’s Commercial Litigation Branch and Assistant U.S. Attorney Kyle S. Cohen from the Fort Myers Division of the U.S. Attorney’s Office for the Middle District of Florida with assistance from HHS-OIG, DCIS and the FBI.
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 $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered in cases involving fraud against federal health care programs.
The lawsuit is captioned United States, State of Florida, ex rel. Mariela Barnes v. Dr. David Spellberg, 21st Century Oncology and Naples Urology Associates, Civil Action No. 2:13-cv-228-FtM-38DNF (M.D. Fla.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Federal Jury Finds Cruise Ship Employee Guilty of Smuggling Cocaine into the United StatesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Desrick Gordon (23, St. Vincent and the Grenadines) guilty of conspiracy to possess with the intent to distribute 5 kilograms or more of cocaine and possession with the intent to distribute 5 kilograms or more of cocaine. He faces a mandatory minimum sentence of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for March 11, 2016. Gordon was indicted on August 21, 2015.
According to evidence presented at trial, Gordon was part of a drug distribution ring that imported cocaine into the United States from Roatan, Honduras using cruise ship employees at several ports 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 also seized more than $50,000 from the crewmen.
The five other cruise ship employees, Jason Carmichael, Teffan Delice, Johnson Cherubin, Alfred Ince, and Arkine John, previously pleaded guilty for their roles in this case. They will be sentenced in January 2016.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Shauna S. Hale and Gregory Nolan.
Texas Man Who Smuggled Weapons to the Middle East Sentenced to PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Eyad Farah (42, Barrington, TX) to three years and one month in federal prison for conspiring to export firearms without a license, exporting firearms without a license, and smuggling firearms from the United States. The Court also ordered him to forfeit seven firearms that are traceable to the offenses. Farah pleaded guilty on September 22, 2015.
According to court documents, Farah was part of a network of individuals involved in smuggling firearms from the United States to the Middle East. The firearms were concealed in vehicles that had been purchased at used car auctions in Central Florida. The vehicles were then scheduled for export to Jordan.
Farah’s co-conspirator, Mahmoud Abdel-Ghani Mohammad Assaf, previously pleaded guilty to his role in the conspiracy and is currently awaiting sentencing. Yasser Ahmad Obeid, a defendant in a related case, has also pleaded guilty. In December 2014, he was sentenced to four years and three months in federal prison.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Defense Criminal Investigative Service, with assistance from the Department of Justice’s Office of International Affairs. It was prosecuted by Assistant United States Attorneys Josephine W. Thomas and Adam M. Saltzman.
Tampa Man Indicted for Pointing Laser at Tampa Police Department HelicopterRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Mark White (40, Tampa) with knowingly aiming a laser at an aircraft. If convicted, he faces a maximum penalty of five years in federal prison.
According to the indictment, on October 11, 2015, White knowingly aimed the beam of a laser pointer at a Tampa Police Department helicopter that was on aerial patrol.
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.
On February 14, 2012, President Barack Obama signed the FAA Modernization and Reform Act, which modernizes the nation's aviation system. This Act establishes a new criminal offense for aiming the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft. The statute was enacted in response to a growing number of incidents of pilots being distracted or even temporarily blinded by laser beams.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Rachel Jones.
Indiana Man Pleads Guilty to Federal Charge of Failure to Register as A Sex OffenderRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Ricardo Lamont Irvine (42, Evansville, Indiana) has pleaded guilty to failing to register as a sex offender after traveling from Indiana to Florida. He faces up to 10 years in federal prison and a $250,000 fine. Irvine was arrested in Jacksonville on September 22, 2015, and has remained in federal custody. A sentencing date has not yet been set.
According to the indictment, on or about November 4, 1996, Irvine was convicted of child molestation in Evansville, Indiana. Subsequent to his conviction, and between June 8, 2015, and September 14, 2015, Irvine traveled from Indiana to Florida but failed to register as a sex offender as required by the Sex Offender Registration and Notification Act.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act provides for the use of federal law enforcement resources, including the United States Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders.
This case was investigated by the United States Marshals Service, the Jacksonville Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case 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, 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.
Justice Department Settles Housing Discrimination Lawsuit Against Owner of North Fort Myers, Florida, Mobile Home and Recreational Vehicle ParkRead the Press Release
The Justice Department announced today that Southwind Village LLC, the owner and operator of Southwind Village Mobile Home Park in North Fort Myers, Florida, has agreed to pay $60,000 to resolve allegations that it discriminated against African Americans in violation of the Fair Housing Act. The settlement was approved today by the U.S. District Court for the Middle District of Florida.
The government’s complaint, filed on Sept. 30, 2015, alleges that Southwind Village’s then-manager, Carl Bruckler, refused to rent recreational vehicle lots to African Americans. According to the complaint, Bruckler falsely told African Americans who inquired about residing in the park that no lots were available or that there was a waiting list, and discouraged African Americans from making future inquiries at the park. 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.
“Discrimination on the basis of race or color in housing will not be tolerated,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “We appreciate Southwind Village’s willingness to resolve these serious allegations promptly.”
“All citizens, regardless of their race or color, have the right to equal and fair treatment when choosing where to live,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida. “We will continue to fight illegal discrimination, wherever it might exist.”
Under the terms of the agreement, which is in the form of a consent order, Southwind Village will establish a settlement fund in the amount of $35,000 to compensate victims of their discriminatory practices and pay a civil penalty of $25,000 to the United States. The agreement further requires Southwind Village to take steps to ensure that African Americans are no longer restricted from renting recreational vehicle lots at Southwind Village Mobile Home Park, located at 1269 River Road in North Fort Myers, and to provide periodic reports to the government. The settlement does not resolve the government’s lawsuit against Carl Bruckler.
Individuals who have information about, or who believe they may have been harmed by, the defendants’ conduct should contact the Justice Department toll-free at 1-800-896-7743, option 9992, or e-mail the Justice Department 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.justice.gov/crt.
Southwind Village Consent Decree
Southwind Village Order Granting Consent Decree
Hillsborough County Resident Sentenced to Prison for Bankruptcy Fraud and Lying to the Office of the U.S. TrusteeRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced David W. Griffin (44, Lutz) to three years in federal prison for bankruptcy fraud and making a false statement during a bankruptcy proceeding.
According to court documents, Griffin operated a foreclosure rescue scheme through his companies, Bay2Bay Area Holding, LLC and Business Development Consultants, LLC. The purpose of the scheme was to obtain quitclaim or warranty deeds from distressed homeowners facing foreclosure in return for false promises to rescue their homes from foreclosure by negotiating with creditors, renting the properties back to the homeowners to obtain rental income, and falsely promising that the homeowners could repurchase the properties from Griffin. To maximize his rental income, Griffin also prevented creditors and guarantors, including the Federal National Mortgage Association (“Fannie Mae”) and the Federal Housing Administration, from pursuing lawful foreclosure and eviction actions against homeowners who had defaulted on their mortgages. This was accomplished by filing, and causing to be filed, fraudulent bankruptcies in the names of the homeowners without their knowledge or consent.
Griffin also lied under oath in sworn testimony before the Office of the United States Trustee. Under penalty of perjury, Griffin stated that he had no knowledge of a bankruptcy petition filed in the name of his company, Bay2Bay Area Holding Group. In fact, Griffin prepared the petition and directed another individual to sign and file the petition with the United States Bankruptcy Court for the Middle District of Florida.
Griffin has agreed to make full restitution to the Clerk for the United States Bankruptcy Court for the Middle District of Florida. The losses are approximately $25,125.
This case was investigated by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Federal Housing Finance Agency - Office of Inspector General, and the U.S. Department of Housing and Urban Development – Office of Inspector General. The Office of the United States Trustee in Tampa also provided substantial assistance. It was prosecuted by Special Assistant United States Attorney Chris Poor.
Eustis Man Sentenced to More Than 37 Years for Sexually Exploiting ChildrenRead the Press Release
Orlando, Florida – U.S. District Judge John Antoon, II has sentenced William Henry Keehn, II (52, Eustis) to 37 years and 6 months in federal prison for sexually exploiting children by producing and receiving child pornography. The Court also ordered him to pay restitution in the amount of $2,020 to the victims. Keehn pleaded guilty on June 30, 2015.
According to court documents, beginning as early as 2005, Keehn hid video cameras in the bathrooms of his former residence in order to obtain naked images of four minors in his custody. In 2014, Keehn sexually assaulted another minor in his custody and recorded that abuse using his computer. Keehn also received and collected hundreds of images depicting the sexual abuse and exploitation of minors from at least 2008 until the day before his arrest, on February 17, 2015.
“The sentencing in this case reflects the dedication and teamwork between FDLE’s Cyber Crimes Task Force and HSI,” said Danny Banks, special agent in charge of FDLE’s Orlando Regional Operations Center. “It is so important to ensure that individuals prosecuted for child exploitation and abuse are brought to justice, our job is to make sure that happens.”
"As this sentence makes clear, those who abuse our children face serious consequences," said Susan L. McCormick, special agent in charge of HSI Tampa. "The reality is, every time a photo or a video of an innocent child being sexually exploited is viewed, that victim is violated again. That is why we owe it to all children affected by these cases to work tirelessly to seek answers, and ultimately – justice."
This case was investigated by the Florida Department of Law Enforcement Cyber Crimes Task Force and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Karen L. Gable.
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 Man Sentenced to More Than 19 Years for Transporting A Minor Across State Lines to Engage in Sexual ActivityRead the Press Release
Tampa, FL – U.S. District Judge Mary S. Scriven has sentenced Stephen Farris Underwood (47, Tampa) to 19 years and 7 months in federal prison for transporting a minor across state lines to engage in sexual activity.
According to court documents, Underwood traveled from Tampa to Missouri to meet a minor with whom he had been corresponding online. Underwood picked the boy up from a Missouri shopping center and transported him to his residence in Florida. It was Underwood’s intent that he and the minor would live together as a couple in Tampa. Underwood engaged in numerous sex acts with the minor while he was at his home. The parents of the minor, who was 15 at the time, did not give Underwood permission to leave the state with their son.
This case was investigated by the Hillsborough County Sheriff’s Office, the Mountain View (Missouri) Police Department, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Second Former HARC Employee Pleads Guilty to MakingRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Marsha C. Weisse (56, Tampa) today pleaded guilty to making a false statement to the Social Security Administration. If convicted, she faces a maximum penalty of 5 years in federal prison and a fine of $250,000. In her plea agreement, Weisse also agreed to make full restitution to the Social Security Administration Program (SSA) or its designee.
According to court documents, the Hillsborough Achievement and Resource Centers (HARC), formerly the Hillsborough Association for Retarded Citizens, was established in 1953 to positively impact the future for people living with developmental disabilities, such as Alzheimer’s disease and Down syndrome. HARC opened and operated group homes that served its target client population. HARC also spearheaded various community programs for its clients focused on inclusion activities for youths, adults, and seniors with disabilities.
Many of the HARC clients received SSA benefits due to various developmental disabilities. For certain HARC clients who lacked the capacity to manage their own SSA benefits, SSA approved one or more HARC officials to act as a “Representative Payee” to receive a particular client’s benefits and to use them exclusively for that client’s benefit. As a Representative Payee, the HARC official was required to complete and submit to the SSA a “Representative Payee Report” that included certain information about each HARC client’s living situation and the financial benefits received and expended on behalf of that client.
Weisse began working at HARC in 2008 as a comptroller, reporting to the CFO. While working in that capacity, she became aware that HARC clients’ SSA funds purportedly allocated solely for the HARC clients’ personal needs and use had been wrongfully diverted by HARC executives from the clients for other purposes. Weisse raised the wrongful diversion of the clients’ funds with the CEO, who acknowledged the conduct. Notwithstanding, the CEO instructed Weisse to continue transferring funds from the HARC Endowment Account to the operating account, which she did.
During the fall of 2009, in an effort to conceal that the client funds were being wrongfully diverted, Weisse was instructed by HARC executives—including the HARC CEO and CFO—to secure signatures from the HARC clients on a document backdated to 2007. Weisse did as instructed, knowing that many of the developmentally disabled clients who signed the document did not have the capacity to understand the full import of the document.
Weisse was promoted to the position of HARC CFO in March 2011. Thereafter, she supervised another HARC employee, Sandra Shepherd, who routinely assisted her in completing and submitting Representative Payee Reports, or Form SSA-6234s, to the SSA. In August 2011, Weisse signed a Form SSA-6234 that stated that $5,128 of SSA benefits had been spent solely for W.C., a developmentally disabled HARC client, during the period August 1, 2010, through July 31, 2011, for such items and services as clothing, education, medical and dental expenses, recreation, or other personal items, when Weisse knew that was not the case. Instead, only approximately $1,013.06 had been used for such items and services for W.C., and the remaining difference had been wrongfully diverted by the HARC executives for other purposes.
After reviewing and signing the false and misleading Form SSA-6234 for W.C., Weisse gave the form to Shepherd for submission to the SSA. Weisse has also acknowledged that she completed and submitted additional false and fraudulent Form SSA-6234s, relating to other clients, to the SSA.
Weisse is the second person to enter into a plea agreement with the government in the ongoing HARC investigation. In October 2015, Shepherd pleaded guilty to making a false statement to the Social Security Administration. Her sentencing hearing is scheduled for December 30, 2015.
In June 2013, the U.S. Attorney’s Office filed a Verified Complaint for Forfeiture In Rem in a related case (Case No. 8:13-Cv-1601-T-17TBM), seeking the forfeiture of $87,000 held in a Synovus Bank account. That complaint raised like allegations—that HARC clients’ SSA benefits had been wrongfully diverted from the clients and used by HARC for other purposes—and was supported by facts contained in the sworn affidavit of a special agent with the U.S. Department of Health and Human Services - Office of Inspector General. On September 30, 2013, the district court entered a Default Judgment of Forfeiture in which the court ordered the forfeiture of the $87,000 to the United States.
“Taking advantage of developmentally disabled Floridians to receive unwarranted Social Security payments is reprehensible, and I want to thank United States Attorney Lee Bentley and all the government agencies involved in investigating this important case. After numerous discussions between our offices, we determined the U.S. Attorney’s Office was best situated to handle this case and we are pleased with today’s announcement."
“Social Security payments are a lifeline for many Americans. The Office of the Inspector General has no higher priority than the investigation and prosecution of those who violate the public trust of vulnerable beneficiaries,” stated Special Agent-in-Charge Margaret Moore-Jackson, SSA-Office of the Inspector General. “I’m grateful that the U.S. Attorney’s Office shares our determination to ensure the integrity of SSA’s programs.”
"Stealing government checks meant to cover the personal expenses of developmentally delayed clients in your care just to enrich yourself is a serious betrayal of trust," said Special Agent in charge Shimon R. Richmond. "Our agency is dedicated to ensuring the integrity of taxpayer-funded programs and the well-being of the often vulnerable beneficiaries of those programs."
“This is an appalling example of someone who betrayed the trust of HARC’s clients, their families, and all of Florida’s taxpayers,” said Florida Chief Financial Officer Jeff Atwater. “Stealing the funds designed to help Floridians with developmental disabilities is a crime that deserves to be prosecuted to the fullest extent of the law, and I’m pleased to see the work of many agencies come together to hold her accountable.”
This case is being investigated by the Social Security Administration - Office of the Inspector General, the U.S. Department of Health and Human Services - Office of the Inspector General, and the Florida Department of Law Enforcement, along with the State of Florida’s Department of Financial Services - Office of Fiscal Integrity. It is being prosecuted by Assistant United States Attorney Jay G. Trezevant.
New York Man Found Guilty of Interstate Transportation for Prostitution and Violation of A Protective OrderRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Edik Asadorian (43, Queens, NY) guilty of interstate transportation for prostitution and interstate violation of a protective order against domestic violence. He faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for February 29, 2016.
Asadorian, an Iraninan national, was indicted on May 15, 2015.
According to testimony and evidence presented at trial, on November 13, 2014, Asadorian engaged in domestic violence against a woman in Queens. Evidence showed that he punched and choked the woman, threw her against a wall and onto the floor of an apartment the two shared, causing visible injuries. A New York court issued an order of protection directing Asadorian to stay away from the woman and to have no contact with her whatsoever.
Rather than complying with that order, Asadorian transported the woman to Florida, with the intent that she engage in prostitution. Less than 24 hours after arriving in Jacksonville, an ad for the woman was placed on the Internet site Backpage.com. Asadorian also obtained multiple hotel rooms in the Jacksonville area to be used for the illegal activities. Within hours of placing the ad, the woman began prostituting and scheduling appointments for the following day. Asadorian later transported the woman to a person he and the woman believed was a customer, but turned out to be an undercover detective with the Orange Park Police Department. The detective was participating in a prostitution and anti-human-trafficking sting coordinated by the Clay County Sheriff’s office. When the woman arrived, she had gel, lingerie, and other items Asadorian had provided to her for prostitution.
This case was investigated by the Orange Park Police Department, the New York City Police Department, the Clay County Sheriff’s Office, the Florida Department of Law Enforcement, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Mac D. Heavener, III.
Manatee County Man Pleads Guilty to Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Ledale Johnson (51, Bradenton) has pleaded guilty to knowingly filing a false income tax return on behalf of another and aggravated identity theft. He faces a maximum penalty of five years in federal prison on the tax return count, to be followed by a consecutive two-year term for the aggravated identity theft count.
According to the plea agreement, Johnson participated in a scheme involving the filing of false tax returns claiming tax refunds from the IRS totaling more than $250,000. Nearly $60,000 was downloaded to prepaid debit cards, in other people’s names, as a result of those filings. On several dates between October 2011 and March 2012, Johnson was found to be in possession of unauthorized and counterfeit debit cards that had been loaded with fraudulently obtained tax refunds filed using stolen identities. Johnson also had filed a fraudulent tax return in his name and the name of another individual.
In November 2011, when law enforcement officers searched Johnson’s residence, officers seized personal identifying information belonging to others, multiple computers, and more than 100 user identification numbers associated with electronically filing tax returns.
This case was investigated by the Manatee County Sheriff’s Office, the Bradenton Police Department, and the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Illegal Alien Arrested for Unlawful Possession of AmmunitionRead the Press Release
Orlando, Florida– United States Attorney A. Lee Bentley, III announces the arrest and filing of a criminal complaint charging Hamid Mohamed Ahmed Ali Rehaif (25, Melbourne, and a citizen of the United Arab Emirates) with possession of ammunition by an unlawful or illegal alien. If convicted, he faces a maximum penalty of 10 years in federal prison.
According to the complaint, Rehaif was admitted into the United States in 2013 under a student visa. He had been enrolled at the Florida Institute of Technology in Melbourne, Florida, but was terminated as a student in the fall of 2014. When Rehaif failed to leave the country within 30 days of his termination as a student, he became an unlawful alien. Yesterday, law enforcement agents made contact with Rehaif at a hotel in Melbourne, where he had been living for the last two months, paying more than $11,000 in cash for room fees. Rehaif admitted to possessing several firearms, but said that he had recently sold or disposed of them. He also admitted to firing those weapons at two local gun ranges. Agents located rounds of handgun and rifle ammunition in his hotel room and in a storage unit that he had rented, but they did not locate any firearms.
A complaint is merely a formal charge that a defendant has committed a violation of one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Bruce S. Ambrose.
UPDATE: Hamid Mohamed Ahmed Ali Rehaif is currently in federal custody. He has waived his detention hearing, and will have his preliminary hearing in U.S. District Court in Orlando at 10 AM on Monday, December 14, 2015, before United States Magistrate Judge David Baker.
Former Deputy Sentenced to Six Years for Civil Rights Violations and Obstruction of JusticeRead the Press Release
Fort Myers, Florida – U. S. District Judge Sheri Polster Chappell has sentenced Michael J. Ronga (44, Cape Coral) to six years in federal prison for deprivation of civil rights under color of law and obstruction of justice. Ronga was convicted by a federal jury on September 1, 2015.
According to evidence presented during the six-day trial, on May 5, 2013, Ronga, a deputy with the Lee County Sheriff’s Office (LCSO), provided a courtesy transport to victim R.L.C. Ronga subsequently assaulted R.L.C., causing bodily injury. He also robbed the victim of his cash and cellphone. R.L.C. reported the assault and robbery to the LCSO, and an investigation ensued. During the course of the investigation, Ronga lied to law enforcement about his interaction with the victim.
This case was investigated by the Lee County Sheriff’s Office, the Federal Bureau of Investigation, and the Florida Department of Law Enforcement. It was prosecuted by Chief Assistant United States Attorney Jesus M. Casas and Special Assistant United States Attorney Amira D. Fox.
Ohio Man Sentenced to Federal Prison for Mail FraudRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore today sentenced David Brooks (40, Ohio) to four years in federal prison for mail fraud. The Court ordered that this sentence be served consecutive to a seven-year state sentence in Ohio for a violation of probation, based on the same underlying conduct. As part of his federal sentence, the Court also entered a money judgment in the amount of $792,851, the proceeds of the fraud scheme.
Brooks pleaded guilty on September 17, 2015.
According to court documents, in October 2011, Coastal Orthopedics and Sports Medicine of Southwest Florida (“Coastal”), located in Bradenton, hired Brooks as its Financial Accounting Manager. While working for Coastal, Brooks was convicted of theft, money laundering, and other fraud-related offenses in Ohio. When Coastal discovered this information in June 2013, they fired Brooks and commenced a review of its books and records to which Brooks had access.
Employees for Coastal discovered that between approximately January 2012 and June 19, 2013, Brooks had used company accounts to purchase more than $700,000 worth of American Express gift cards. Brooks then used the giftcards to pay for personal expenses, including multiple hotel stays, plane tickets, legal fees for his Ohio criminal case, and a 2012 Jeep Liberty. A review of Coastal’s financials also revealed that Brooks, without authorization, had diverted payroll funds, which resulted in him receiving double his salary per pay period.
In total, Coastal suffered a loss of $792,851.79 a result of Brooks’s efforts to defraud the medical practice.
This case was investigated by the United States Secret Service and the Bradenton Police Department. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Naples Man Sentenced to 10 Years for Receiving and Distributing Child PornographyRead the Press Release
Fort Myers, Florida – Senior U.S. District Judge John E. Steele today sentenced Sean F. Desa (29, Naples) to 10 years in federal prison for receiving and distributing child pornography. The Court also ordered him to serve a life term of supervision and to register as a sex offender following his release from prison. He pleaded guilty on September 14, 2015.
According to court documents, Desa used an Internet file sharing program to receive and distribute child pornography. After a search warrant was executed at his residence, Desa was found to be in possession of hundreds of child pornography videos and images, including some depicting children in bondage.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Chief Assistant United States Attorney Jesus M. Casas.
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.