FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
Hillsborough County Resident Pleads Guilty to Bankruptcy Fraud Charges and Lying to the Office of the United States TrusteeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that David W. Griffin (44, Lutz) today pleaded guilty to one count of bankruptcy fraud and one count of making a false statement under oath during a bankruptcy proceeding. Griffin faces a maximum penalty of 5 years in federal prison for each charge. A sentencing date has not yet been set.
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 property back to the homeowner to obtain rental income, and falsely promising that the homeowner could repurchase the property 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, or causing to be filed, fraudulent bankruptcies in the names of the homeowners without their knowledge or consent.
Griffin also admitted that he had 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, when in fact, he had prepared the petition and had directed an individual to sign his name 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 estimated losses resulting from Griffin’s conduct are approximately $25,125.00.
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 U.S. Trustee in Tampa also provided substantial assistance. It is being prosecuted by Special Assistant United States Attorney Chris Poor.
Brooksville Bank Executive Charged with Bank FraudRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the filing of an information and plea agreement charging David Donato (58, Brooksville) with bank fraud. If convicted, he faces a maximum penalty of 30 years in federal prison. The information also notifies Donato that the United States intends to seek a money judgment in the amount of $143,878.80, which is traceable to the proceeds of the fraud.
According to court documents, Donato worked as a Senior Vice President and Commercial Lender for the CenterState Bank located at 12435 Cortez Boulevard in Brooksville. Donato was also the treasurer of the Hernando Youth League (HYL), a non-profit youth sports organization located in Hernando County. As treasurer, Donato maintained the organization’s bank accounts at his branch of CenterState Bank and had sole signature authority.
During a routine audit of its accounts in 2015, officials at CenterState Bank discovered suspicious activity in the accounts maintained by HYL. Further investigation revealed that, between at least 2011 and 2015, Donato had obtained five different lines of credit and loans from the bank in the name of HYL without permission or knowledge from HYL or its Board of Directors. He used the loan proceeds on personal expenses.
In total, Donato obtained $143,878.80 on behalf of HYL based on false statements and forged bank documents. Investigators have determined that Donato used approximately $98,420 for personal expenses, including paying his mortgage, credit cards, and cellphone and cable bills. He wrote checks to himself totaling $39,350 and also wrote checks in exchange for cash totaling $3,400. Each of these checks was written from the HYL accounts without the organization’s knowledge or consent.
An information is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Hernando County Sheriff’s Office and the United States Secret Service. It will be prosecuted by Assistant United States Attorney Mandy Riedel.
Update:
Donato pleaded guilty on Tuesday, September 30, 2015, at 2:00 PM in Tampa before Magistrate Judge Elizabeth A. Jenkins (Courtroom 11A).
A sentencing date has not yet been set.
Brevard County Heroin Dealer Sentenced to 15 Years in PrisonRead the Press Release
Orlando, FL – Senior U.S. District Judge Kendall Sharp today sentenced Antwon Sexton (37, Cocoa) to 15 years in federal prison for conspiracy to possess with the intent to distribute more than 100 grams of heroin. He pleaded guilty on May 28, 2015.
According to court documents, Sexton was a heroin dealer in Brevard County and had at least one source of supply in New Jersey. He managed at least five others who acted as drivers and/or street level dealers and who also helped him obtain and distribute heroin. During the investigation, agents purchased heroin from Sexton and identified several of his customers.
On March 4, 2015, Sexton arrived in downtown Orlando on a train that had originated in New Jersey. When Sexton departed the train, agents saw that he was carrying a duffle bag. He then got into a van and left the train station. During a traffic stop, agents searched the van and located more than 300 grams of heroin in Sexton’s duffle bag. During the investigation, agents linked Sexton to more than 600 grams of heroin.
This case was investigated by the Drug Enforcement Administration, the Brevard County Sheriff’s Office, and the Titusville Police Department. It was prosecuted by Assistant United States Attorney David Haas.
Kentucky Man Pleads Guilty to Eleven Robberies in Georgia and FloridaRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Chad Michael Merida (23, Heidrick, Kentucky) today pleaded guilty to interference with commerce by robbery. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to court documents, between November 15, 2014, and November 24, 2014, Merida robbed two commercial businesses in Georgia and eight commercial businesses and one bank in Florida. After the final robbery, a PNC Bank on Westshore Boulevard in Tampa, Merida was tracked to his home at the Element Luxury Apartments in downtown Tampa. He ultimately confessed to committing all 11 robberies.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Carlton C. Gammons.
Former Police Department Employee Indicted for Tax Fraud, Computer Intrusion, and Identity TheftRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Tonia Bright with one count of conspiracy to commit wire fraud, four counts of obtaining information from a protected computer, and four counts of aggravated identity theft related to her involvement in a stolen identity refund fraud (SIRF) scheme. If convicted, she faces a maximum penalty of 20 years in federal prison on the conspiracy charge, 5 years in federal prison on each of the computer intrusion offenses, and a 2-year term of imprisonment for each aggravated identity theft count that would be served consecutively to the sentence imposed on the other counts. The indictment also notifies Bright that the United States intends to seek a forfeiture money judgment equal to the proceeds of the offenses.
According to the indictment, Bright was a civilian employee of the Tampa Police Department (TPD) working as a community service officer in the District 3 station. As part of her duties, Bright took reports from citizens related to incidents not requiring the response of a sworn police officer. In this capacity, she had access to local, state, and federal law enforcement databases, including the National Crime Information Center (NCIC) computerized index. Her use of these databases was restricted to the performance of her authorized duties.
As part of the conspiracy, Bright allegedly accessed the personally identifiable information (PII) of individuals using a variety of sources, including NCIC, despite having no legitimate law enforcement purpose for doing so. She then provided the stolen PII to others, including Tampa resident Rita Girven, knowing that the information would be used to commit crimes. Girven and others used the stolen PII to electronically file, and cause others to file, fraudulent federal income tax returns claiming tax refunds that they were not entitled to. The fraudulently obtained tax refunds were deposited onto reloadable debit cards, issued in the conspirators’ names and the names of others, including the identity theft victims’ names. Girven and others then used the debit cards at retail establishments and ATMs to withdraw the funds and shared in the proceeds.
Girven previously pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft. Her sentencing hearing is scheduled for November 20, 2015.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Internal Revenue Service – Criminal Investigation Division, the Tampa Police Department, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Mandy Riedel.
Convicted Sex Offender Sentenced for Sexual Enticement of A ChildRead the Press Release
Orlando, Florida – United States District Judge Roy B. Dalton, Jr. has sentenced Jacob Isaac Bomboy (25, Lake County) to 12 years in federal prison for attempting to entice a child to engage in illicit sexual conduct. He pleaded guilty on June 1, 2015.
According to the plea agreement, from November 7, 2014, to March 11, 2015, Bomboy engaged in online communications with an undercover FBI agent posing as a 13-year-old girl, and he made arrangements to meet the “child” for sex. On March 11, 2015, Bomboy traveled to a prearranged meeting location in Seminole County and was arrested.
The plea agreement also notes that Bomboy was previously arrested by state authorities for solicitation of sex with a minor. He was ultimately convicted for attempted child abuse and was sentenced to five years of sex offender probation. Bomboy was on probation when he attempted to meet the 13-year-old girl for sex.
This case was investigated by the Federal Bureau of Investigation, and it was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Texas Fugitive Pleads Guilty to Aggravated Identity Theft and Manufacturing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Joe Eugene Loving (46, Texas) has pleaded guilty to manufacturing counterfeit Federal Reserve notes, false representation of a Social Security number, and aggravated identity theft. He faces a maximum penalty of 25 years in federal prison for the counterfeit notes and false representation charges, to be followed by a consecutive mandatory minimum of 2 years’ imprisonment for the aggravated identity theft charge. A sentencing date has not yet been set.
According to the plea agreement, on February 2, 2015, the Green Cove Springs Police Department received information that two individuals, later identified as Loving and John Thomas Humphreys, were manufacturing counterfeit Federal Reserve notes in their hotel room at the Astoria Hotel in Clay County. The two men had active arrest warrants for parole violations in Texas and were subsequently arrested at the hotel by deputies from the Clay County Sheriff’s Office. Deputies found a counterfeit $100.00 note on Loving after his arrest.
During an interview with law enforcement, Humphreys and Loving stated, among other things, that they had been involved in a drug deal in Texas in December 2014 and had been on the run ever since. They estimated printing and passing at least $10,000.00 in counterfeit currency. In addition, they printed counterfeit checks using the identities of others.
During a subsequent search of the hotel room, agents located a box of personal identification information and financial documents belonging to other individuals, a printer/scanner/copier with counterfeit checks lying on top of it, counterfeit currency, and various computer media which had been used to manufacture the counterfeit currency.
A third individual, Paul Corbin Pennington, Jr., was also charged in this case for passing counterfeit currency. Pennington, a maintenance worker at the Astoria Hotel, loaned Loving and Humphreys his computer to watch movies. Loving and Humphreys used the computer to print counterfeit checks. Pennington confessed to law enforcement officers that he had passed counterfeit currency in Clay County.
Pennington previously pleaded guilty to one count of passing counterfeit currency. His sentencing hearing is scheduled for October 13, 2015. Humphreys previously pleaded guilty to manufacturing counterfeit Federal Reserve notes, false representation of a Social Security number, and aggravated identity theft. His sentencing hearing is scheduled for October 27, 2015.
This case was investigated by the Green Cove Springs Police Department, the Clay County Sheriff’s Office, and the United States Secret Service Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Sarasota Man Sentenced to Prison for Investment FraudRead the Press Release
Tampa, FL –U.S. District Judge Elizabeth A. Kovachevich has sentenced Gaeton Della Penna (62, Sarasota) to five years and ten months in federal prison for mail and wire fraud related to an investment scheme. As part of his sentence, the court ordered restitution for his victims and entered a money judgment of more than $2.8 million, representing the proceeds of fraud. Della Penna pleaded guilty on May 5, 2015.
According to court documents, Della Penna enticed investors to invest in his “investment funds” by guaranteeing them at least 5% yearly interest on their investment, with the principal to be returned at the end of an 18-month period, minus a nominal management/organizational fee paid to Della Penna, plus any trading profits. These representations were false. Rather than making profitable trades and protecting investors’ principal, Della Penna used a portion of the investors’ money for trading, lost money in his trades, and misappropriated the rest of the investors’ money by using it to repay other investors’ principal. False statements and “quarterly” interest checks were sent to the investors to entice them to invest more money. Della Penna also paid personal expenditures with the investors’ money, including mortgage payments on his waterfront residence.
This case was investigated by the United States Secret Service and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Scientists Sentenced to Prison for Defrauding the Small Business Innovation Research ProgramRead the Press Release
Tampa, Florida – U.S. District Judge Virginia Hernandez Covington has sentenced Mahmoud Aldissi (a/k/a Matt) and Anastassia Bogomolova (a/k/a Anastasia) for conspiracy to commit wire fraud, wire fraud, aggravated identity theft, and falsification of records. Aldissi was sentenced to 15 years in federal prison and Bogomolova was sentenced to a term of 13 years. As part of their sentences, the court entered a money judgment in the amount of $10.6 million, representing the proceeds of the crime, and ordered them to pay $10.6 million in restitution. Aldissi and Bogomolova were found guilty on March 20, 2015.
According to testimony and evidence presented during the month-long trial, through their two companies, Fractal Systems, Inc., and Smart Polymers Research Corp., Aldissi and Bogomolova fraudulently obtained approximately $10.5 million of small business research awards from the federal government. In order to be awarded contracts, they submitted proposals using the stolen identities of real people to create false endorsements of and for their proposed contracts. In the proposals, they also lied about their facilities, costs, the principal investigator on some of the contracts, and certifications in the proposals.
"The Defense Criminal Investigative Service and its law enforcement partners are committed to protecting the integrity of all Department of Defense programs," said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS aggressively investigates those who defraud the DoD procurement process, and places the utmost importance on preserving precious American taxpayer dollars intended to support our Warfighters. "
“The NASA Office of Inspector General will continue to aggressively investigate those who undermine and defraud NASA programs and operations,” said Special Agent in Charge John Corbett, Central Field Office. “Today’s sentencing serves as a staunch reminder that such conduct will not be tolerated. The NASA OIG applauds the efforts of the entire investigative and prosecution team during this multi-year investigation, and we look forward to our continued cooperation with our law enforcement partners in the pursuit of justice.”
Allison Lerner, Inspector General at the National Science Foundation said, “Through their repeated lies, falsification of records, and other illegal practices, these individuals fraudulently obtained millions of taxpayer dollars intended to advance new technologies. I commend our law enforcement and prosecution partners whose diligent efforts led to today’s sentencing.”
"We are extremely pleased with the outcome of this investigation and today's sentencing," said the Director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit, Frank Robey. "This case is a prime example of various investigative agencies working closely together to solve a suspected crime and how their varying investigative skills, knowledge and expertise complement one another to bring those responsible to justice."
“Today’s sentencing of Mr. Aldissi and Ms. Bogomolova serves as a fitting end to their scheme to cheat legitimate business owners out of the opportunity to compete for government contracts,” said Jerry Polk, acting Special Agent in Charge, EPA OIG Atlanta Field Office. “Their fate is certainly a cautionary tale for other contractors to avoid these types of illegal activities. The EPA OIG is committed to guarding federal funds and aggressively investigating those who abuse the American taxpayer’s money.”
“The Department of Homeland Security Office of Inspector General applauds the efforts of the investigative and prosecution team during this complex investigation, and we look forward to our continued cooperation with our law enforcement partners and the United States Attorney’s Office in the pursuit of justice. The Small Business Innovation Research Program is one of the largest public-private partnerships in the United States, and the DHS Office of Inspector General will aggressively investigate those who seek to unjustly capitalize and benefit from it,” stated James J. DePalma, Senior Special Agent, DHS Office of Inspector General, Orlando.
"This sentencing serves as a reminder that fraud in the Small Business Innovation Research Program will not be tolerated," said Inspector General Gregory H. Friedman of the DOE. "The Small Business Innovation Research program is an essential Department of Energy program to support scientific excellence and technological innovation. I salute the work of the U.S. Attorney's Office and our investigative partners in pursuing this matter."
This case was investigated by Defense Criminal Investigative Service (DCIS), National Aeronautics and Space Administration’s Office of the Inspector General (NASA-OIG), the Major Procurement Fraud Unit (MPFU) of the United States Army Criminal Investigation Division (Army CID), National Science Foundation’s Office of the Inspector General (NSF-OIG), the Environmental Protection Agency’s Office of the Inspector General (EPA-OIG), the Department of Energy’s Office of the Inspector General (DOE-OIG), and the Department of Homeland Security’s Office of the Inspector General (DHS-OIG). It was prosecuted by Assistant United States Attorney Thomas N. Palermo.
Wisconsin Man Sentenced for His Involvement in Tax Refund SchemeRead the Press Release
Jacksonville, Florida – United States Senior District Judge Henry Lee Adams, Jr. has sentenced Chad Heins (41, Nekoosa, Wisconsin) to one year and one day in federal prison for conspiracy to defraud the United States. He was also ordered to pay $287,533.53 in restitution to the Internal Revenue Service. Heins pleaded guilty on March 23, 2015.
According to court documents, Heins spent 13 years and 8 months in prison after being arrested, tried, and convicted of first-degree murder. After his release, he communicated with at least one Florida inmate and reached an agreement to split tax refund proceeds that had been obtained from the filing of fraudulent tax returns. Heins opened bank accounts in his name and fraudulently obtained income tax refunds in the total amount of at least $1,258,178. Of that amount, at least $287,533 was actually deposited into bank accounts that Heins had opened.
The case was investigated by The Internal Revenue Service - Criminal Investigation and the Florida Department of Corrections. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
Former Executives of Defunct Tampa Technology Company Indicted for Investment FraudRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Timothy Munro Roberts (45, Chesterfield, Missouri) and Terrance F. Taylor (49, Ft. Myers) with one count of conspiracy to commit wire fraud and five counts of wire fraud. Each count carries a maximum penalty of 20 years in federal prison. The indictment also notifies Roberts and Taylor that the United States intends to forfeit approximately $5.3 million, which is alleged to be traceable to the proceeds of the offenses.
According to court documents, in 2010, Roberts and Taylor founded Savtira Corporation Inc., located at 2101 E. Palm Avenue in Tampa. According to its business plan, Savtira purported to offer a centralized, cloud-based shopping cart platform for online and traditional retailers to sell goods, regardless of the device used by the online purchaser.
According to court documents, as CEO and Chairman of the Board, Roberts solicited investors for Savtira. He had control over the company’s funds and was responsible for overseeing the sale of Savtira’s products to potential customers. Taylor was the Executive Vice President of Finance and Treasurer of Savtira. He had control over the company’s funds and participated in the solicitation of investors. Taylor also oversaw the company’s bank accounts, books, and records.
The indictment alleges that Roberts and Taylor made false claims in their marketing of Savtira to potential investors. They maintained that the company was profitable; the company had entered into executed agreements with nationally recognized legitimate technology firms; the company owned patents; and/or that the company was valued between $450 million and $540 million. Roberts and Taylor then misused and misappropriated some of the victim-investors’ funds for personal expenses and cash withdrawals without the consent or knowledge of those investors.
Roberts and Taylor also failed to disclose key facts to investors, including that Roberts had entered into a settlement agreement with the U.S. Securities and Exchange Commission in 2008, which required Roberts to pay a fine and banned him from selling unregistered securities. In addition, he failed to disclose the fact that Savtira owned no patents.
The indictment also alleges that Roberts and Taylor entered into a few contracts on behalf of Savtira with victim-customers promising to provide cloud-based eCommerce solutions. They entered into these contracts knowing Savtira never had a working product, and they could never deliver on the contracts. To make it appear as if Savtira had multi-million dollar future revenues, they also entered into bogus contracts and generated fake invoices and accounts receivable for the purpose of falsely bolstering the company’s value and factoring the invoices for cash.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Florida Office of Financial Regulation, Bureau of Financial Investigations, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Mandy Riedel.
In a separate action, the U.S. Securities and Exchange Commission has filed a complaint against Roberts, Taylor, and one other individual alleging they defrauded investors by grossly exaggerating the potential financial success of Savtira.
Florida Man Arrested for Illegal Distribution of Information Relating to ExplosivesRead the Press Release
U.S. Attorney A. Lee Bentley III announces the arrest of Joshua Ryne Goldberg, 20, of Orange Park, Florida, for distributing information relating to explosives, destructive devices and weapons of mass destruction. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to the criminal complaint, Goldberg was in contact, through on-line communications, with an individual who law enforcement knew to be a Confidential Human Source (CHS). Between the months of July and September 2015, Goldberg distributed information to the CHS on how to manufacture a bomb. He instructed the CHS to make a pressure cooker bomb and fill it with nails, metal and other items dipped in rat poison. Goldberg instructed the CHS to place the bomb at an upcoming memorial in Kansas City, Missouri, that was commemorating the Sept. 11, 2001 attacks.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the FBI’s Jacksonville, Florida, Joint Terrorism Task Force and the Clay County, Florida, Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Kevin C. Frein of the Middle District of Florida, with assistance provided by Trial Attorney Mara Kohn of the National Security Division’s Counterterrorism Section.
Goldberg Criminal Complaint
Florida Man Arrested for Illegal Distribution of Information Relating to ExplosivesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the arrest of Joshua Ryne Goldberg (20, Orange Park, Florida) for distributing information relating to explosives, destructive devices, and weapons of mass destruction. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to the criminal complaint, Goldberg was in contact, through on-line communications, with an individual who law enforcement knew to be a Confidential Human Source (CHS). Between the months of July and September 2015, Goldberg distributed information to the CHS on how to manufacture a bomb. He instructed the CHS to make a pressure cooker bomb and fill it with nails, metal, and other items dipped in rat poison. Goldberg instructed the CHS to place the bomb at an upcoming memorial in Kansas City, Missouri that was commemorating the September 11, 2001 attacks.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the FBI’s Joint Terrorism Task Force (JTTF) and the Clay County Sheriff’s Office. Members of the Jacksonville JTTF include the Federal Bureau of Investigation, the Naval Criminal Investigative Service, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, U.S. Customs and Border Protection, U.S. Border Patrol, the Florida Department of Law Enforcement, the Florida Highway Patrol, the St. Johns County Sheriff’s Office, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Kevin C. Frein of the Middle District of Florida, with assistance provided by Trial Attorney Mara Kohn of the National Security Division’s Counterterrorism Section.
No Photo Available
Detention and Preliminary Hearing set for Tuesday, September 15, 2015, at 2 pm before United States Magistrate Judge James R. Klindt (Courtroom 5D) at the Bryan Simpson U.S. Courthouse, 300 North Hogan Street, Jacksonville, Florida.
Update following 9/15/2015 hearing:
Joshua Ryne Goldberg has formally retained private counsel. The Federal Public Defender’s Office has been removed as the attorney of record and Shorstein, Lasnetski & Gihon, LLC attorneys at law have filed a notice of appearance on behalf of the defendant.
Today, U.S. Magistrate Judge James R. Klindt ordered a 30-day competency evaluation, at a federal medical center, for the defendant.
Goldberg will remain in federal custody.
No future court date was set.
No further information available at this time.
Former Federal Correctional Officer Pleads Guilty to Accepting Bribes for Smuggling ContrabandRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces that Robert Lawrence Brown (32, Clermont) has pleaded guilty to accepting a bribe as a public official. He faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, beginning in January 2015, Brown used his position as a Correctional Officer at the Coleman Federal Correctional Complex to smuggle contraband to inmates in exchange for monetary payments. On June 18, 2015, federal agents monitored a meeting between Brown and a cooperating witness. During that meeting, Brown accepted $2,600 for items that he had already smuggled into the prison. When confronted by investigators, Brown admitted that he had illegally negotiated $7,100 in cash payments in return for smuggling cellphones, prescription pills, tobacco, and other items to federal inmates.
This case was investigated by the Department of Justice Office of the Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Duval County Man Sentenced to Federal Prison for Manufacturing Counterfeit CurrencyRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Christopher Jon Kirkland (42, Jacksonville) to two years and six months in federal prison for manufacturing counterfeit Federal Reserve notes. As part of his sentence, Kirkland has agreed to forfeit computer equipment that was used to manufacture the counterfeit currency. He was also ordered to pay restitution.
According to the plea agreement, in August 2013, Kirkland began manufacturing counterfeit $20 and $100 Federal Reserve notes. Once he manufactured the notes, his co-defendants, William Brinkley, Jr. and Timothy Larry Malden, drove him to various businesses in Florida and Georgia to pass the counterfeit currency. They passed the notes to obtain merchandise and reloadable gift cards. They also returned fraudulently obtained merchandise to obtain genuine currency. From approximately August 2013 to December 2013, the group passed or attempted to pass approximately $32,600 in counterfeit currency throughout Florida and Georgia.
Brinkley and Malden previously pleaded guilty for their roles in this case. On September 3, 2015, Brinkley was sentenced to 36 months’ probation. The sentencing hearing for Malden is scheduled for October 29, 2015.
This case was investigated by United States Secret Service Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Dade City Gang Member Sentenced to More Than 11 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Domingo Zamora (47, Dade City) to 11 years and 6 months in federal prison on drug conspiracy charges. He pleaded guilty on November 21, 2014.
According to court documents, Zamora, a previously convicted felon who was affiliated with a Dade City street gang, sold large amounts of methamphetamine to undercover ATF agents and brokered drug deals between the agents and other sources of supply. He also sold a firearm to an agent on at least one occasion during a drug transaction.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violence in communities.
Brevard County Man Sentenced for Receiving and Possessing Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Billie Jay Rufrano (31, Titusville) to 10 years and 1 month in federal prison for receiving and possessing child pornography. He was also ordered to pay restitution to two victims.
Rufrano was indicted on January 14, 2015, and he pleaded guilty on April 28, 2015.
According to court documents, on October 3, 2014, a state search warrant was executed at Rufrano’s residence and several computers were seized. Forensic analyses of the computer media subsequently revealed 223 movies and 114 images depicting child pornography.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Tampa Man Pleads Guilty to Sexual Enticement of A ChildRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Christopher James Everding (28, Tampa) has pleaded guilty to one count of attempting to entice a child to engage in illicit sexual conduct. He faces a mandatory minimum sentence of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for November 16, 2015.
According to the plea agreement, from May 15, 2015, to May 22, 2015, Everding engaged in communications via the Internet with an undercover officer about his intent to engage the undercover officer’s 13-year-old fictitious daughter in sex and bestiality. On May 22, 2015, Everding traveled from Tampa to Brevard County for the purpose of engaging the “child” in illicit sexual conduct and was arrested.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Women Sentenced for Conspiracy to Defraud the United States and Aggravated Identity TheftRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced two Jacksonville women for conspiracy to defraud the United States and aggravated identity theft. Laura Butler was sentenced to two years and one month in federal prison and Cherica Daniels was sentenced to 18 months’ imprisonment.
Butler pleaded guilty on March 6, 2015, and Daniels pleaded guilty on February 25, 2015.
According to court documents, in 2011, Butler worked at Blue Cross Blue Shield Florida and had access to personal identifying information. During her employment, she accessed several subscribers’ identities and later used them to file false and fraudulent income tax returns. Daniels also participated in the scheme to prepare and file false and fraudulent tax returns. During her initial encounter with law enforcement, Daniels had a black bag containing more than 200 identities, including more than 15 social security numbers.
The case was investigated by The Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
United States Files Lawsuit Against URS Federal Services and Yang Enterprises Alleging Defrauding of NASA and GSARead the Press Release
Orlando, Florida - United States Attorney A. Lee Bentley, III announces today that the United States has formally filed a lawsuit against URS Federal Services, Inc. and its subcontractor Yang Enterprises, Inc. This lawsuit is brought pursuant to the False Claims Act.
In its complaint, the government describes a six-year scheme in which URS and Yang – recipients of over a billion dollars in federal government contracts – systematically defrauded the government. The complaint alleges that URS and Yang, who were responsible for overseeing a General Services Administration (GSA) fleet of approximately 400 vehicles for NASA at Kennedy Space Center, submitted more than a thousand claims for undocumented and unreasonable early replacement of car tires.
The complaint alleges that, between June 2009 and April 2015, URS and Yang submitted $387,000 in false claims to the federal government for payment. During this time period, URS and Yang billed NASA for an unprecedented number of tire replacements, excluding ones for blowouts or catastrophic damage. For example, the government alleges that URS ordered six tire replacements for one vehicle during a 27-month period. Some of these tires had fewer than 5,000 miles of use on them. In some cases, installed tires on government vehicles appeared to have been removed and replaced by inferior tires by the time the vehicle was re-serviced. The government alleges that roughly half of the vehicle fleet for which URS and Yang were responsible had vehicles with tires that did not last 60% of their expected tire life.
“We expect government contractors to act with integrity when they fulfill their contractual obligations to the government,” stated U.S. Attorney Bentley. “Overbilling for services that are not documented or not reasonable hurts the taxpayer.”
This case is being investigated by the General Services Administration - Office of Inspector General, the National Aeronautics and Space Administration - Office of Inspector General, and Assistant United States Attorney Jason Mehta.
The lawsuit contains allegations only, and there has been no determination of liability.
South Carolina Anesthesiologist Convicted of Internet Solicitation of A MinorRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found John Francis Williams (69, Blythewood, SC) guilty of using the Internet to attempt to persuade a minor to engage in sexual activity. He faces a maximum penalty of life in federal prison. A sentencing hearing is scheduled for November 20, 2015.
Williams was indicted on February 6, 2013.
According to evidence presented at trial, in October 2012, while visiting his vacation home in Port Orange, Florida, Williams responded to a Craigslist ad. The ad had been placed by an undercover officer posing as the mother of a 14-year-old girl who was looking for a man to teach her child about sex. After a series of emails and phone calls with the “mother,” Williams drove to a house where he intended to have sex with the teen. He brought an overnight bag containing condoms, lubricants, and vibrators.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Volusia County Sheriff’s Office, the Brevard County Sheriff’s Office, and the Internet Crimes Against Children Task Force. It is being prosecuted by Assistant United States Attorney Bruce S. Ambrose.
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.
Romanian Man Sentenced for False Visa PetitionRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Bogdan Dragos (34, Romania) to two years in federal prison for filing a false petition to obtain visas for foreign workers. He pleaded guilty on June 12, 2015.
According to court documents, in 2010, while operating an employment agency in Daytona Beach, Dragos filed a petition with United States Citizenship and Immigration Services (USCIS) to obtain 392 visas for unnamed workers from the Philippines. In that petition, he falsely claimed that he had contracts with 12 hotels in the Daytona Beach area to provide foreign workers on a temporary basis. USCIS approved the petition and a large number of Filipino workers started applying for visas at the U.S. Embassy in Manila. The fraud was detected when an employee from the U.S. Embassy began calling the hotels in Daytona Beach and learned that the purported contracts did not exist.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the U.S. Department of State’s Diplomatic Security Service. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Former Bradenton Housing Authority Executive Director Sentenced to Prison for Theft of Federal FundsRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Wenston DeSue (44, Bradenton) to 12 months and 1 day in federal prison for theft of federal funds. As part of his sentence, the Court entered a forfeiture money judgment in the amount of $276,300.03, the proceeds of DeSue’s theft, and also ordered him to pay the same amount in restitution to the U.S. Department of Housing and Urban Development (“HUD”).
DeSue pleaded guilty on May 28, 2015.
According to court documents, from January 1, 2006, until September 19, 2013, DeSue was employed as the Executive Director of the Bradenton Housing Authority (“BHA”), a local housing authority that receives federal funds from HUD.
An investigation by the HUD - Office of Inspector General and the Federal Bureau of Investigation revealed that between September 2010 and September 2013, DeSue was significantly absent from the BHA on a routine basis, engaged in non-BHA activities during work hours, and failed to take annual or sick leave for those absences. Despite being absent from the BHA much of the time, he accepted his regular salary. In total, DeSue stole and knowingly converted to his own use $276,300.03 from the BHA in salary, bonuses, and cash-outs of unused leave.
In addition, DeSue spent personal time with BHA Project Director, Stephany West, with whom he was romantically involved. On numerous occasions, the two spent personal time together during the workday when they should have been working or on some form of leave. West previously pleaded guilty to theft of federal funds and has a sentencing hearing set for September 9, 2015. In total, West stole and knowingly converted to her own use $104,550.75 from the BHA in salary, bonuses, and cash-outs of unused leave.
This case was investigated by the Office of Inspector General for the U.S. Department of Housing and Urban Development, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Bradenton Police Department. It was prosecuted by Assistant United States Attorneys Jennifer L. Peresie and Simon A. Gaugush.
Federal Jury Convicts Windermere Man of Stealing over $2 Million from A Former NBA Basketball PlayerRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found John A. White (40, Windermere) guilty of 11 counts of wire fraud and 4 counts of filing a false tax-related document. He faces a maximum penalty of 20 years in federal prison for each wire fraud count and up to 3 years’ imprisonment for each false document charge. White’s sentencing hearing is scheduled for November 19, 2015. He was indicted on April 9, 2015.
According to the evidence presented at trial, from 2006 through 2012, White was employed as the personal assistant to NBA basketball player Gilbert J. Arenas, who has since retired from professional basketball. During calendar years 2008 through 2011, White stole approximately $2,188,170 from Arenas by making unauthorized online banking money transfers from one of Arenas’s bank accounts into three different bank accounts that White controlled. White spent these funds on his own personal expenses, including mortgage payments for his home in Windermere, and the purchase of a Ferrari and a Range Rover. White also filed false joint income tax returns with the Internal Revenue Service for each of these years. In these tax returns, he and his wife never reported more than $60,000 in gross income, when in fact their joint income was significantly greater due to the money White stole from Arenas.
This case was investigated by the Internal Revenue Service - Criminal Investigation, with assistance from the United States Secret Service. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
Federal Corrections Officer Arrested for Making False Statements to InvestigatorsRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces the arrest of Rashan L. Gibson (28, Clermont) on a criminal complaint charging him with four counts of making false statements to federal investigators. He faces up to five years in federal prison for each offense. Gibson was released on a $25,000 bond pending resolution of the matter.
According to court documents, federal investigators were contacted by an inmate at the Coleman Federal Correctional Complex in Sumter County who claimed that Gibson, a federal corrections officer, had smuggled cigarettes into the facility in exchange for a $500 bribe. Investigators subsequently monitored an audio and video-recorded meeting between Gibson and the inmate in May 2015. During that meeting, Gibson and the inmate discussed the previous transaction, as well as a future $5,000 payment for other contraband that Gibson would smuggle into the prison. The inmate also provided Gibson with the name of a contact who could deliver the payment to him.
On August 6, 2015, investigators confronted Gibson about the smuggling operation. During the meeting, Gibson denied smuggling contraband into the prison. He also claimed that that he had never met with the inmate, had never discussed a bribery payment, and had never received the name of a person who would pay him money on the inmate’s behalf. Based upon the evidence obtained during the investigation, all of these statements were false.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Department of Justice - Office of the Inspector General, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Former Deputy Convicted of Civil Rights Violations and Obstruction of JusticeRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Michael J. Ronga (43, Cape Coral) guilty of deprivation of civil rights under color of law and obstruction of justice. He faces a maximum penalty of 10 years in federal prison for the civil rights violation and up to 20 years’ imprisonment for the obstruction charge. A sentencing hearing is scheduled for November 30, 2015.
Ronga was indicted on February 23, 2015.
According to testimony and evidence presented at 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 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.
Colombian Drug Trafficker Sentenced to 10 Years for Drug Conspiracy Using Body SuitsRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton today sentenced Harold Didier Loiaza-Quintana (42, Cali, Colombia) to 10 years and 5 months in federal prison for conspiracy to distribute heroin. He pleaded guilty on April 29, 2015.
According to court documents, in August 2011, Loiaza-Quintana orchestrated the shipment of 11 kilograms of heroin from Colombia to the United States. He coordinated the transaction from Colombia and involved multiple co-conspirators. Osvaldo Beltran-Rengifo and his girlfriend smuggled the heroin in spandex body suits aboard a cruise ship. The heroin was delivered to co-conspirator Jose Salinas-Correales. Salinas-Correales then gave the heroin to Carlos Manuel Perez, who had driven to Orlando from Philadelphia to pick it up. Perez was later stopped by officers from the Orlando Police Department, who discovered and seized the four heroin-filled body suits.
The co-conspirators previously pleaded guilty and were sentenced for their roles in this case. Beltran-Rengifo was sentenced last month to five years and eight months in federal prison. On June 4, 2015, Jose Salinas-Correales was sentenced to four years and three months in federal prison. Perez was sentenced to seven years and four months’ imprisonment on November 18, 2013.
This case was investigated by the Drug Enforcement Administration, the Orlando Police Department, and the Colombian National Police. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Oviedo Man Sentenced to Ten Years for Receiving Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge John Antoon, II has sentenced Stephen Longest (27, Oviedo) to 10 years in federal prison for receiving child pornography. He was also ordered to pay $5,500 in restitution to a victim of the offense, and to forfeit the computers and electronic devices he had used to commit the crime. Longest pleaded guilty on April 2, 2015.
According to court documents, for at least four years, Longest used a file-sharing program to receive thousands of images depicting the sexual abuse of infants and young children. Law enforcement agents executed a search warrant at his home and located hundreds of child pornography images on his smart phone and computers.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, 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.
This case was investigated by Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Karen L. Gable.
Florida Man Returned to U.S. to Face Fraud ChargesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Martin Slone (59, Oldsmar) with four counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison on each count.
According to the indictment, Slone defrauded a Miami-area lender and the Export-Import Bank of the United States (Ex-Im Bank). The sealed indictment was returned by a grand jury on July 11, 2013, and an arrest warrant was issued. At the time, Slone was residing in Brazil. On June 28, 2015, he was arrested at Abu Dhabi International Airport by authorities in the United Arab Emirates (UAE), based on an INTERPOL Red Notice. On August 13, 2015, special agents of the Ex-Im Bank – Officer of Inspector General (OIG) took custody of Slone and returned him to the United States to face charges.
According to the indictment, Slone owned and operated an aircraft brokerage and export business in Florida called Woolie Enterprises Inc. In September 2007, he sought and received an insurance policy from Ex-Im Bank to insure aircraft sales from Woolie to purported buyers in Brazil. Slone allegedly submitted false information regarding Woolie’s export activity to the lending bank and Ex-Im Bank. The indictment also alleges that Slone created fake invoices and documents falsely claiming that foreign buyers had purchased aircraft and parts from Woolie, and then falsely reported that those foreign buyers had defaulted on payments, causing Ex-Im Bank to pay Woolie approximately $197,690.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
“This case is a good example of the OIG working with our embassy officials and foreign counterparts to pursue fraud across borders,” said Deputy Inspector General Michael McCarthy. “The Export-Import Bank will diligently pursue fraud cases against subjects who are located abroad.”
The case was investigated by the Ex-Im Bank – OIG, with assistance from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, INTERPOL, and law enforcement agencies of the UAE. It will be prosecuted by Assistant United States Attorney Patrick Scruggs.
Brandon Woman Pleads Guilty to Bank RobberyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Cindy Sanchez Carabeo (50, Brandon) has pleaded guilty to bank robbery. She faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to court documents, on May 11, 2015, Carabeo committed three bank robberies in Brandon. Within a span of approximately 30 minutes, she robbed a BB&T bank, a Wells Fargo bank, and a Florida Central Credit Union. During each robbery, Carabeo presented a note threatening to kill the teller if she did not comply with Carabeo’s demands.
This case was investigated by the Federal Bureau of Investigation Violent Crimes Task Force and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Rachel K. Jones.
Manatee County Man Indicted for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Ledale Johnson with three counts of credit card fraud, two counts of filing false tax returns, and three counts of aggravated identity theft. If convicted, he faces a maximum penalty of up to ten years in federal prison for each count of credit card fraud, up to five years for each of the false tax filing counts, and a consecutive two-year term for the aggravated identity theft counts. The indictment also notifies Johnson that the United States is seeking a money judgment of $48,416, the proceeds of the charged criminal conduct. Johnson had his initial appearance before U.S. Magistrate Judge Anthony Porcelli and was detained.
According to the indictment, on several occasions between October 2011 and March 2012, Johnson possessed and used unauthorized and counterfeit debit cards that had been loaded with fraudulently obtained tax refunds. Those refunds were the result of tax returns that had been filed using stolen identities. Johnson also filed a fraudulent tax return in his name and the name of another individual.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Manatee County Sheriff’s Office, the Bradenton Police Department, and the Internal Revenue Service - Criminal Investigation. It will be prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Four Jacksonville Residents Plead Guilty to Immigration FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that four Jacksonville residents who were born in the Philippines have pleaded guilty to immigration fraud offenses. Mark Laurence Barlaan (36) and Winnie Rabaya Barlaan (65) pleaded guilty to marriage fraud and face a maximum penalty of five years each in federal prison. Peter Laforteza Barlaan (63) pleaded guilty to immigration document fraud and Mary Helen Amaba Barlaan (32) pleaded guilty to obtaining U.S. citizenship by fraud. They each face a maximum penalty of 10 years in federal prison. In their plea agreements, Mark and Mary Barlaan have agreed to leave the United States after the completion of the legal proceedings and any prison sentence imposed by the Court. The sentencing dates have not yet been set.
According to court documents, Winnie and Peter Barlaan are naturalized U.S. citizens. Mary Barlaan entered the United States with a temporary visitor’s visa in November 2007, and Mark Barlaan entered the country with a temporary work visa in December 2008.
Mark Barlaan is Peter Barlaan’s son. Before Mark and Mary Barlaan came to the United States, they were involved in a romantic relationship with each other, and that relationship continued after they came to the United States.
On September 9, 2009, the day after Peter Barlaan became a U.S. citizen, he married Mary Barlaan, his son’s girlfriend. On October 25, 2011, Mark Barlaan and Winnie Barlaan were married. Peter Barlaan paid Winnie Barlaan several thousand dollars in exchange for her marrying Mark Barlaan and cooperating in the immigration proceedings.
Under U.S. immigration law, aliens married to U.S. citizens are given priority in the granting of immigration benefits. By marrying U.S. citizens, Mark and Mary Barlaan could obtain these benefits faster and without meeting the requirements applicable to persons who are not married to U.S. citizens. In an attempt to conceal the fact that they had committed marriage fraud, these individuals made false statements on documents they had submitted to immigration authorities, and that made false statements during interviews and other encounters with immigration officials.
On June 5, 2013, Mary Barlaan became a naturalized citizen of the United States. Because she obtained her citizenship by fraud, her conviction will result in a revocation of citizenship by the Court.
"Marriage fraud is a federal crime, and can have grave consequences for national security," said Susan L. McCormick, special agent in charge of HSI Tampa "Defrauding the U.S. government is not a victimless crime."
"As an agency of the U.S. Department of Homeland Security, USCIS has zero tolerance for marriage fraud," said Kathy Redman, USCIS Southeast Regional Director. "We remain vigilant in detecting and assisting in the prosecution of any immigration fraud."
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Citizenship and Immigration Services. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Brevard County Man Pleads Guilty to Producing PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Daniel Lester Jackson (34, Brevard County) has pleaded guilty to two counts of producing child pornography. He faces a mandatory minimum sentence of 15 years, up to 30 years, in federal prison on each count. His sentencing hearing is scheduled for November 16, 2015.
According to the plea agreement, on June 17, 2015, officers from the Palm Bay Police Department executed a search warrant at Jackson’s residence. Forensic analyses of the electronic media revealed images and videos depicting child pornography. Subsequent investigation determined that on at least two separate occasions Jackson had used his cellphone to record explicit images of a 6-year-old girl.
This case was investigated by the Federal Bureau of Investigation and the Palm Bay Police Department. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Naples Man Sentenced to More Than Seventeen Years for Three Armed Bank RobberiesRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell sentenced John Robert Haldemann (31, Naples) today to 17 years and 7 months in federal prison for committing three armed bank robberies. As part of his sentence, the Court entered a money judgment in the amount of $14,308, representing the combined proceeds of the robberies. The Court also ordered Haldemann to pay restitution to each of the financial institutions he robbed, plus an additional $799.25 in restitution to Synovus Bank for damages to the bank’s door he had caused during an attempted robbery. Haldemann pleaded guilty on March 24, 2015.
According to court documents, Haldemann committed three armed bank robberies last summer. On June 4, 2014, he robbed a Capital Bank in Venice. He then committed an armed robbery at a Wells Fargo Bank in Naples on July 12, 2014. And, in Punta Gorda on July 25, 2014, he robbed a Bank of America. During each armed bank robbery, Haldemann displayed what appeared to be a firearm and demanded money from bank employees.
This case was investigated by the Federal Bureau of Investigation Violent Crimes Task Force, the Punta Gorda Police Department, the Naples Police Department, the Collier County Sheriff’s Office, the Venice Police Department, and the Sarasota County Sheriff’s Office. It was prosecuted by Assistant United States Attorney David G. Lazarus.
Hernando County Woman Sentenced to More Than Five Years for Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – Senior United States District Judge Richard A. Lazzara sentenced Bertha Hart today to five years and ten months in federal prison for theft of government property. She pleaded guilty on May 11, 2015.
According to court documents, Hart was arrested by deputies from the Hernando County Sheriff’s Office on November 1, 2012. Several prepaid debit cards, in other peoples’ names, containing fraudulent tax refunds were found in her possession. Hart later admitted to participating in a conspiracy involving federal tax returns and stolen identities. Hart allowed fraudulent tax filers to use her address to receive prepaid debit cards containing federal tax refunds. She also retrieved similar debit cards from other peoples’ mailboxes. Once these cards were in her possession, Hart delivered them to her co-conspirators, who removed most of the money from them. The co-conspirators later returned the cards to Hart with $1,000 to $2,000 remaining on them as her payment.
This case was investigated by the Hernando County Sheriff’s Office, the Internal Revenue Service – Criminal Investigation, and the United States Secret Service. It was prosecuted by Assistant United States Attorney Sara C. Sweeney.
Cape Coral Couple Indicted for Conspiracy to Steal Government Assistance Funds in New York and FloridaRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Cape Coral residents Ronald R. Raiola, a/k/a Ronald Sambuco (57), and Rose Ann Labarbera (61) with conspiracy to defraud the United States and to commit theft of government funds, and theft of government funds involving the Housing and Urban Development’s (HUD) Housing Choice Voucher (HCV) Program. Raiola is charged with an additional count of theft of government funds in relation to the Social Security Administration’s (SSA) Supplemental Security Income (SSI) Program. The conspiracy charge carries a maximum penalty of 5 years, and each count of theft of government funds carries a maximum penalty of 10 years in federal prison. The indictment also notifies the couple that the United States is seeking a money judgment in the amount of the proceeds of each of the fraud schemes.
Raiola and Labarbera were arrested earlier today and made their initial appearances in federal court in Fort Myers. They were released on bond and Raiola was also ordered to participate in home detention and electronic monitoring.
According to the indictment, Raiola participated in the HCV Program, commonly referred to as “Section 8,” from at least January 1997 until December 2012. He made fraudulent representations concerning his identity, marital status, place of residence, financial status, and ability to engage in gainful employment in order to participate in, and receive housing assistance subsidies through the HCV Program and SSI benefits from the SSA. Raiola is married to and lives with Labarbera. As part of the alleged conspiracy, they concealed their marital status, income, and ownership interests in residential properties in New York and Florida from HUD. Some of these properties were purportedly rented through the HCV Program to Raiola, and rent was paid to Labarbera and to Raiola’s alias by HUD.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the United States Department of Housing & Urban Development - Office of Inspector General, and the Social Security Administration - Office of Inspector General, with assistance from the Lee County Sherriff’s Office Economic Crimes and Special Operations Units, the City of Fort Myers Housing Authority, the New York City Housing Authority, the United States Postal Inspection Service, and the Cape Coral Police Department. It will be prosecuted by Assistant United States Attorney David G. Lazarus.
Orlando Men Sentenced to More Than Thirteen Years for String of Armed RobberiesRead the Press Release
Orlando, FL – U.S. District Judge G. Kendall Sharp has sentenced three Orlando residents for robbery and using a firearm in furtherance of a crime of violence. Malcolm Jamal Ward (23), Stanley Valentin (20), and Javier Tyson Farrar (21) were each sentenced to 13 years and 6 months in federal prison. The Court also ordered them to pay $5,637.42 in restitution. Valentin and Farrar pleaded guilty on April 28, 2015. Ward pleaded guilty on May 4, 2015.
According to court documents, over the course of two weeks in October 2014, Ward, Valentin, and Farrar committed six armed robberies. One of the robberies occurred at a Red Lobster restaurant in Orlando as the employees were closing for the night. The five other robberies involved drugstores throughout Orange, Volusia, Osceola, and Polk Counties. In addition, Ward committed an additional armed robbery of a drugstore by himself during that same period.
This case was investigated by the Federal Bureau of Investigation, the Orange County Sheriff’s Office, the Osceola County Sheriff’s Office, the Volusia County Sheriff’s Office, and the Polk County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Orange County Sex Offender Convicted for Possessing and Receiving Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Ashley Anders Bishop (42, Orlando) guilty of one count of possessing and four counts of receiving child pornography. Bishop was previously convicted of a sex offense and, as a result, faces a mandatory minimum penalty of 10 years, up to 20 years, in federal prison for the possession count, and a mandatory minimum penalty of 15 years, up to 40 years, for each count of receiving child pornography. His sentencing hearing is scheduled for November 6, 2015. In reaching their decision, the jury made a special finding that certain exhibits depicted children under the age of 12.
Bishop was indicted on May 27, 2015.
According to the testimony presented at trial, on October 6, 2000, in Orange County, Bishop was convicted of attempting to commit lascivious molestation on a child under the age of 12 and was sentenced to a 15-year prison term. After his release, Bishop, a registered sex offender, was arrested on two different occasions, and each time had a cellphone in his possession. Both phones were searched pursuant to state search warrants and found to contain child pornography.
This case was investigated by the Federal Bureau of Investigation, the Orange County Sheriff’s Office, and the Orange County Department of Corrections. It is being prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Palm Bay Man Sentenced to 30 Years for Internet Solicitation of A MinorRead the Press Release
Orlando, Florida – Senior U.S. District Judge John Antoon, II has sentenced Jean Roussel Eloi (30, Palm Bay) to 30 years in federal prison for Internet solicitation of a minor. The court also ordered Eloi to forfeit a cell phone that he had used as part of the offense. A federal jury found him guilty on February 3, 2015.
According to testimony presented at trial, on the night of July 20, 2014, Eloi started an online chat session with an 11-year-old girl who lived in Palm Bay. The next day, the girl reported the chats to her mother. After the mother contacted law enforcement, an undercover detective began engaging in a series of chats with Eloi, who explicitly detailed the sexual acts he wanted to perform with the “girl.” Eloi eventually asked the “girl” to meet him. When he arrived at the prearranged location, deputies arrested him.
According to evidence presented during the sentencing hearing, in 2006, Eloi admitted to and was charged with having sex with a 13-year-old girl in Palm Beach County.
Brevard County Sheriff Wayne Ivey stated, "I applaud this partnership and the agencies involved who stand between our most defenseless citizens and those who wish to harm them. Through their outstanding efforts, an individual who actively participated in the exploitation of our children has been removed from our communities.”
"This sentencing emphasizes that child exploitation is one of the most heinous crimes we investigate," said Susan L. McCormick, special agent in charge of HSI Tampa. "We will continue to work tirelessly to protect our children."
This case was investigated by the Brevard County Sheriff’s Office - U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Task Force, 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.
Lake City Man Pleads Guilty to Manufacturing and Passing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that James Steven Hall (47, Lake City) has pleaded guilty to manufacturing and passing counterfeit Federal Reserve notes. He faces a maximum penalty of 20 years in federal prison for each charge. A sentencing date has not yet been set. Hall was indicted on May 13, 2015.
According to court documents, in March 2015, law enforcement received information that Hall had possessed counterfeit currency inside his hotel room in Columbia County. On March 25, 2015, officers from the Columbia County Sheriff’s Office and the U.S. Secret Service went to the hotel and made contact with Hall, who allowed the officers to search his room. The search revealed counterfeit $10 and $20 bills that had been hidden between the mattress and box spring. Supplies for manufacturing counterfeit Federal Reserve notes, including a paper cutter, an ink-jet printer, blank paper, a laptop, and used ink-jet cartridges were also found in the room. Hall later admitted to manufacturing a few thousand dollars in counterfeit notes and to passing some of them at local businesses in the Lake City area.
This case was investigated by the Columbia County Sheriff’s Office and the U. S. Secret Service - Jacksonville Field Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Former Manager of Telemarketing Room Pleads Guilty to Conspiracy and Money LaunderingRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Mark Gardner (28, Osteen) has pleaded guilty to conspiracy to commit mail fraud, wire fraud, and money laundering for his role in the operation of a boiler room. He faces a maximum penalty of 20 years in federal prison for the conspiracy count and up to 10 years’ imprisonment for the money laundering count. Sentencing has been set for October 30, 2015.
Gardner and Tammie Lynn Cline (33, Leominster, MA) were indicted on January 28, 2015.
According to court documents, Gardner and Cline operated a boiler room in Central Florida. Along with the telemarketers who worked at their call center, they made unsolicited calls to owners of timeshare properties located throughout the United States. During those calls, they claimed that they worked for Universal Timeshare Sales Associates (UTSA) in Beaverton, Oregon, that UTSA had a purchaser who was interested in buying a timeshare, and that the timeshare owner just needed to pay a fee between $1,600 and $2,200 for the sale to proceed.
In order to convince timeshare owners to pay the fee, Gardner, Cline and their telemarketers sometimes claimed that an interested purchaser was present in the showroom ready to buy a timeshare, that a buyer had already deposited money into an escrow account for the sale, or that the sale would take place in about 90 days. Those representations were false. The timeshares were not sold as had been promised, and members of the conspiracy would deny or ignore requests for refunds, and would dispute chargebacks with the credit card companies.
In total, victims lost approximately $1.6 million due to the operation of the call center.
In May 2013, the Federal Trade Commission and the Florida Attorney General’s Office filed a civil action against Gardner, Cline, and others in federal court. In June 2014, the district court entered a permanent injunction against them related to certain telemarketing practices.
Tammie Lynn Cline previously pleaded guilty to conspiracy to commit mail fraud and wire fraud, and faces up to 20 years in federal prison. Her sentencing hearing has been set for October 9, 2015.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Convicted Felon Sentenced to More Than Eight Years for Illegal Possession of A Firearm in Fort MyersRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Patrick Towns (35, Fort Myers) to eight years and four months in federal prison for possessing a firearm as a convicted felon. The Court also ordered him to forfeit the pistol and ammunition used in the offense. Towns pleaded guilty on May 6, 2015.
According to court documents, on December 26, 2014, while driving with a suspended driver’s license and an inoperable headlight, Towns was stopped by officers with the Fort Myers Police Department and placed under arrest. In connection with the arrest, the officers observed a loaded Ruger .380 caliber pistol and cocaine inside the vehicle. During a search of Towns, officers located a quantity of MDMA, also known as ecstasy or Molly, in his pocket.
During today’s sentencing hearing, Judge Chappell noted that Towns had eight prior felony convictions. As a result, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation Southwest Florida Violent Crime Task Force and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney David G. Lazarus.
Texas Man Charged with Conspiring to Smuggle WeaponsRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Eyad Farah (41, Barrington, Texas) with conspiring to export firearms without a license, exporting firearms without a license, and smuggling firearms from the United States in violation of federal export control and firearms laws. If convicted, he faces a maximum penalty of 5 years in federal prison for the conspiracy offense, up to 10 years’ imprisonment on the export charge, and up to 20 years in federal prison for the smuggling charge. The indictment was returned by the grand jury on September 4, 2014.
According to the indictment, Farah is part of a network of individuals involved in smuggling firearms from the United States to the Middle East. The indictment alleges that 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.
According to court documents, Farah was arrested at the airport in Frankfurt, Germany on June 2, 2015. He made his initial appearance before United States Magistrate Judge Julie S. Sneed earlier today.
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.
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 arrest represents a significant milestone in combating weapons smuggling by transnational criminal organizations," said Susan L. McCormick, special agent in charge of HSI Tampa. "It is through collaborative efforts with our domestic and international law enforcement partners that the United States will stem the tide of this continuing threat."
"ATF's mission is the gun,” said Regina Lombardo, Special Agent in Charge ATF-Tampa. “Whether it's domestic/international trafficking, or the gun is being used in violent crime, I will commit our resources to curb and stop illegal diversion of firearms or their use in violent gun crimes.”
John F. Khin, Special Agent in Charge, DCIS-Southeast Field Office, stated, "DCIS effectively collaborates with our partner agencies to battle against the illegal export of sensitive weapons and systems. This arrest highlights our continuing efforts."
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 will be prosecuted by Assistant United States Attorneys Josephine W. Thomas and Adam M. Saltzman.
Orlando Man Pleads Guilty to Stolen Identity Refund Fraud and Aggravated Identity TheftRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that Michael Carvalho today pleaded guilty to one count of theft of government property and one count of aggravated identity theft. He faces a maximum penalty of 10 years in federal prison for the theft of government property and a consecutive 2-year sentence for the aggravated identity theft count. Carvalho also agreed to a money judgment in the amount of $2,223,083.44, representing the amount of illicit proceeds gained from the theft, and forfeiture of the contents of three JPMorgan Chase accounts and real properties located at 2615 S. Goldenrod Road, Orlando, Florida, and 2045 Shadow Drive, Geneva, Florida.
According to the plea agreement, from approximately October 2011 through September 2013, Carvalho passed or attempted to pass more than 441 federal tax refund checks in excess of $2.9 million at six banks in the Middle District of Florida. The checks were fraudulently obtained and/or contained falsely made or forged endorsements or signatures. Along with others, Carvalho deposited these instruments on 180 different days, over a two-year period.
This case was investigated by Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney David Haas.
Three Defendants Sentenced in Manatee County Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – Senior U.S. District Judge James S. Moody, Jr. has sentenced three individuals for their roles in a conspiracy to commit stolen identity refund fraud in the Manatee County area between 2012 and 2013. Among those sentenced were Marcus Lowe (32, Tampa) to three years and six months’ imprisonment, Tedrick Randall (44, Bradenton) to three years and one month in federal prison, and Rachel Kerley (36, Bradenton) to a term of 6 months’ imprisonment. As part of each defendant’s sentence, the Court also entered a money judgment in the amount of $15,457, representing the proceeds of the charged criminal conduct. Randall and Kerley pleaded guilty in April 2015, and Lowe was found guilty on May 1, 2015, after a jury trial.
According to court documents, Lowe worked for the Manatee County Parole Services Division at the Manatee County Jail and, as such, had access to the jail booking sheets. These booking sheets contained personal identification information relating to the inmates, including their names, dates of birth, and Social Security numbers. Lowe provided that information to Randall and Kerley, who then used the data to file false and fraudulent income tax returns seeking tax refunds in the names of those inmates. The conspirators filed income tax returns seeking a total of approximately $72,254 in tax refunds from the Internal Revenue Service.
This case was investigated by the Internal Revenue Service-Criminal Investigation Division, with assistance from the Manatee County Sherriff’s Office. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Florida Investment Advisor Pleads Guilty to Orchestrating $9 Million Investment Fraud SchemeRead the Press Release
A Tampa, Florida, area investment advisor pleaded guilty today to perpetrating a $9 million investment fraud scheme involving Facebook stock.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office and Inspector in Charge Ronald J. Verrochio of the U.S. Postal Inspection Service (USPIS) Miami Division made the announcement.
Gignesh Movalia, 40, of Tampa, a registered investment advisor, pleaded guilty before U.S. Magistrate Judge Anthony E. Porcelli of the Middle District of Florida to one count of investment advisor fraud. Sentencing will be scheduled at a later date.
Movalia was the founder and manager of OM Global Investment Fund LLC (the OM Global Fund), an investment fund formed in 2009. According to admissions made in connection with his guilty plea, beginning in or about 2011, Movalia began soliciting investments for the OM Global Fund by, among other methods, touting access to pre-initial public offering (IPO) shares of Facebook Inc. Movalia admitted that, by the end of 2012, he had raised more than $15 million for the OM Global Fund, and that more than $9 million of the amount raised was for “side pocket” investments, which Movalia represented were to be used exclusively for purchasing of Facebook shares.
Movalia further admitted that, contrary to these representations and unknown to “side pocket” investors, he used funds designated exclusively for the purchase of Facebook shares for other investments, which he concealed from the investors. He also admitted that he made material misrepresentations and omissions to investors in order to mislead them about the nature and value of their investments in the OM Global Fund. The OM Global Fund lost approximately $9 million before it went into receivership in September 2013.
The case is being investigated by the FBI and USPIS, with assistance provided by the U.S. Securities and Exchange Commission’s Miami Regional Office. The case is being prosecuted by Trial Attorney Andrew H. Warren of the Criminal Division’s Fraud Section.
Movalia Plea Agreement
Armed Career Criminal Sentenced to 15 Years for Possession of A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Justin Robinson (33, Tampa) to 15 years in federal prison for being a felon in possession of a firearm. He pleaded guilty on October 21, 2014.
According to court documents, at approximately 3:45 AM on April 28, 2014, a Hillsborough County Sheriff’s Office deputy saw Robinson hiding behind a van outside an apartment complex in Tampa. Robinson told the deputy that he was in the area to visit a friend, but residents of the apartment he claimed to be visiting later said that they did not know Robinson. The deputy found a loaded .9 mm firearm on the ground where Robinson had been hiding, and ordered Robinson to put his hands behind his back. Robinson fled, but was apprehended after a short foot chase. Law enforcement officials later determined that the firearm had been stolen during a residential burglary.
Robinson was previously convicted of several felonies, including three drug trafficking offenses, and is therefore prohibited from possessing a firearm or ammunition under federal law. As such, he qualified for an enhanced penalty under the Armed Career Criminal statute.
This case was investigated by the Hillsborough County Sheriff’s Office, the Tampa Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Natalie Hirt Adams and Megan Kistler.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, are coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline Strategy on reducing violent crime in communities.
Five Naples Residents Charged for Defrauding Auto Insurance CompaniesRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of two indictments charging five individuals with conspiracy charges related to fraudulently operating chiropractic clinics that defrauded automobile insurance companies. These charges are the culmination of a two-year joint federal and state law enforcement investigation dubbed Operation Fraudulent Pain.
Garry Joseph (36), Nesly Loute (51), Wisler Cyrius (34), Anouce Toussaint (32), and Sijames Melus (32) are charged with conspiracy to commit mail fraud. Cyrius and Toussaint have also been charged with conspiracy to commit money laundering. Each charge carries a maximum penalty of 20 years in federal prison. The indictments also notify the defendants that the United States is seeking money judgments in the amount of the proceeds of the charged criminal conduct.
According to the indictment, Joseph and Melus were the true owners of two chiropractic clinics in Naples, Parkway Medical and Rehab LLC and T&C Consultants d/b/a Collier Chiropractic Center. To circumvent State of Florida licensing requirements, they paid licensed health care practitioners to allow their names to be used on official documents as though they were the true owners of the clinics. Between October 2012 and February 2015, Parkway and Collier Chiropractic submitted claims to automobile insurance companies for payment for services purportedly rendered to accident victims treated at the clinics. The true owners of the clinics caused the insurance companies to be billed for claims that violated Florida law because the clinics were not properly licensed. In addition, they caused the insurance companies to be billed for claims for unnecessary treatments and/or services that had not been actually rendered. Joseph and Melus allegedly defrauded the auto insurance companies of more than $2 million.
According to the second indictment, between June 2013 and February 2015, Cyrius, Loute, and Toussaint participated in a scheme to defraud insurance companies by filing fraudulent claims. Cyrius and Toussaint were the actual owners of Tamiami Pain and Rehab LLC and First Choice Pain and Rehab Inc. As part of the conspiracy, they paid a licensed health care practitioner to act as the owner of the clinics. The conspirators fraudulently submitted multiple claims to the insurance companies that were unlawful because the clinics were not properly licensed under Florida law and were not exempt from the Florida licensing statutes. In addition, the conspirators allegedly solicited individuals to participate in staged automobile accidents in exchange for compensation, and caused clinics that they controlled to submit claims for payment by the automobile insurance companies for unnecessary services rendered to the staged accident participants. The indictment further alleges that Cyrius and Toussaint conspired to launder the proceeds of the mail fraud by concealing the nature of the funds and by taking steps to avoid reporting requirements related to financial transactions.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation, the State of Florida’s Department of Financial Services Division of Insurance Fraud, the Internal Revenue Service - Criminal Investigation, and U. S. Immigration and Customs Enforcement’s Homeland Security Investigations. Assistance was also provided by the Florida Highway Patrol, the National Insurance Crime Bureau, the Florida Department of Health, and the State Attorneys’ Offices for the 13th and 19th Judicial Circuits. The following insurance companies also assisted with the case: Travelers, Nationwide, Bristol West, Esurance, Windhaven, Farmers, Direct General, Allstate, State Farm, Progressive, Geico, Infinity, and Foremost. It will be prosecuted by Assistant United States Attorney David G. Lazarus.
Clearwater Man Convicted of Threatening A Court Security Officer with A Baseball BatRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury today found Jay Paul Porton (67, Clearwater) guilty of assault on a federal officer. He faces a maximum penalty of one year in federal prison. The sentencing hearing is scheduled for October 29, 2015. Porton was indicted on April 15, 2015.
According to evidence presented at trial, Porton, a pro se plaintiff in a civil case, was a regular visitor to the Sam M. Gibbons United States Courthouse in Tampa. On March 19, 2015, the presiding judge ruled against Porton in his civil case. On the morning of April 1, 2015, Porton approached the courthouse carrying a small baseball bat. A Court Security Officer (CSO) confronted Porton at the main entrance of the courthouse and ordered him to put the bat down. As the CSO approached, Porton said, “batter up,” tapped the bat on the ground, and assumed a batting stance. When then CSO was approximately 7-10 feet away, Porton swung the T-ball bat in the CSO’s direction. The CSO then put his hand on his gun, and Porton put the bat down. Other officers came to assist and placed Porton under arrest.
This case was investigated by the United States Marshals Service. It is being prosecuted by Assistant United States Attorneys Vincent S. Chiu and Tiffany L. Cummins.
Palm Coast 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 today that Stephen Paul Cotton (43, Palm Coast) has pleaded guilty to a federal charge of failing to register as a sex offender after traveling from Florida to North Carolina. He faces up to 10 years in federal prison. A sentencing date has not yet been set. Cotton was arrested in Suwanee, Georgia on April 11, 2015.
According to court documents, in January 1999, Cotton was convicted of committing a lewd and lascivious act on a child in Manatee County. Subsequent to his conviction, and between 2004 and 2012, he registered as a sex offender with Florida authorities as required. However, between July 2012 and December 2014, Cotton traveled from Florida to Virginia, North Carolina, Tennessee, and Georgia, 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 Suwanee (Georgia) Police Department, the Flagler County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.