Middle District of Florida
Press releases recorded for this federal judicial district.
Central Florida Businessman Sentenced to Nine Years in Prison for $44 Million Bank Fraud ConspiracyRead the Press Release
Orlando, FL – Senior United States District Judge Gregory J. Presnell sentenced Pedro “Pete” Benevides (45, Astatula) today to nine years in federal prison. In addition, Benevides was ordered to forfeit $44,059,565.00, including several bank accounts containing approximately $40 million in cash and two exotic sports cars: a 2008 Lamborghini Murcielago and a 2009 Audi R8. He will also be ordered to pay full restitution to the financial institutions that were the victims of his offense. The amount will be determined at a later hearing. Benevides pleaded guilty on July 14, 2014.
According to court documents, from about 2005 through September 2008, Benevides obtained 20 commercial and residential loans and lines of credit from several federally insured financial institutions totaling approximately $44,059,565. He obtained the fraudulent loans by providing the financial institutions with documents that, among other things, contained false information concerning his income and assets or the business that he used to obtain the loans and lines of credit. During that time, Benevides controlled several Central Florida businesses, including a private jet charter service, an exotic car rental service, and hotels in Orange County and Pinellas County, Florida. Those companies included Superior International Investment Corporation; ABC Auto Wholesalers, Inc.; Skyview Aviation, Inc.; Fidelity Investment Group LLC; PBJB Best Investment LLC; Divello Family LLC; and Leesburg Title and Escrow Company. Benevides then used the fraudulently obtained funds for his own purposes, including paying the interest and principal on other, earlier loans that he had obtained in order to continue the fraudulent scheme, paying business expenses, paying the other co-conspirators involved in the scheme, and funding living expenses for himself and his family.
This case was investigated by the Internal Revenue Service - Criminal Investigation, the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Secret Service, and the St. Cloud IRS-USSS Federal Financial Crimes Task Force. It is being prosecuted by Assistant United States Attorney Daniel C. Irick.
United States Settles False Claims Act Allegations Against Jacksonville-Based Fertility ClinicRead the Press Release
Jacksonville, FL - The United States has settled allegations that a Jacksonville-based fertility practice knowingly billed the government for services that were “up-coded,” or billed at a rate higher than medically necessary, and billed for certain claims when the physician-owner was out of the country. The allegations resolved included liability under the False Claims Act (FCA).
The government announced today that it has reached a settlement with the Jacksonville Center for Reproductive Medicine (Center), and the physician who owned the practice – Dr. Michael Fox. In reaching this settlement, the parties resolved allegations that, from January 1, 2009, until February 2013, Dr. Fox operated a fertility practice that billed for services at a higher rate of reimbursement than appropriate. At issue, in particular, was the misuse of “incident to” billing provisions. In general, the government allows medical professionals to bill for the services of physician assistants and nurse practitioners as fully compensable claims when those services are “incident to” a physician’s course of treatment. In this case, the government alleged that the Center routinely misused the “incident to” provisions when it billed for work performed by a physician assistant or nurse practitioner. In many instances, it appeared that physician involvement was minimal such that the “incident to” provision would not be applicable. The government agreed to accept $98,838.98 to resolve these allegations.
“TRICARE and other federal health care programs are dependent upon healthcare providers honestly reporting the work that they do,” said A. Lee Bentley, III, U.S. Attorney for the Middle District of Florida. “Claiming reimbursement for treatments not provided, or at higher rates than authorized by regulation, defrauds taxpayers and depletes limited funds available to provide medical care to deserving patients. By bringing False Claims Act cases such as this, we recover funds stolen from the government and deter others from attempting similar schemes.”
Today’s settlement involved false claims submitted to the TRICARE Program. This case was developed by proactively mining healthcare reimbursement data. In mining through this data, the Center was identified as a top biller of fertility related treatments. In addition, through this data mining, government investigators were able to determine that the Center had billed for services allegedly rendered by Dr. Fox – the owner of the practice – even when he was out of the country.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Departments of Justice and Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $19 billion through False Claims Act cases, with more than $13.4 billion of that amount recovered in cases involving fraud against federal health care programs.
"This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program," said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS will actively analyze, inquire, and challenge health care providers that overcharge the DoD, mistakenly or otherwise. We do this to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees."
This case was investigated by Defense Criminal Investigative Services, Defense Health Agency Program Integrity Office, and Assistant United States Attorney Jason Mehta.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Florida Company and Owner Agree to Resolve Alleged False Claims Act Violations Regarding Historically Underutilized Business Zone ProgramRead the Press Release
Orlando, FL – Orlando, Florida, based Air Ideal Inc. and its majority owner, Kim Amkraut, have agreed to pay the United States $250,000 to resolve allegations that they made false statements to the Small Business Administration (SBA) to obtain certification as a Historically Underutilized Business Zone (HUBZone) company, the Justice Department announced today. Under the settlement, defendants must also pay five percent of Air Ideal’s gross revenues over the next five years.
“When companies falsely claim eligibility for government contracts set-aside for HUBZone businesses, they not only misuse taxpayer funds, but they also deprive HUBZone communities of the benefits of the program,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “This settlement shows that there is a stiff price to pay for obtaining government contracts through false statements.”
“The HUBZone program is an important tool in the government’s effort to strengthen our economy by encouraging businesses to grow in underutilized and disadvantaged areas,” said U.S. Attorney A. Lee Bentley, III of the Middle District of Florida. “We will not tolerate contractors who use deception to undermine its objectives and effectiveness.”
The purpose of the HUBZone program is to stimulate job growth in areas that have historically had low business investment. Under the HUBZone program, companies that maintain their principal office in a designated HUBZone and meet certain other requirements can apply to the SBA for certification as a HUBZone small business company. HUBZone companies can then use this certification when bidding on government contracts. In certain cases, government agencies will restrict competition for a contract to HUBZone-certified companies.
The United States’ complaint alleged that Air Ideal and Amkraut originally applied to the HUBZone program in 2010 by claiming that Air Ideal’s principal office was located in a designated HUBZone. The complaint further alleged that, in fact, this location was a “virtual office” where no Air Ideal employees worked, and that Air Ideal was actually located in a non-HUBZone location. Allegedly, the defendants not only misrepresented the location of Air Ideal’s principal office to the SBA, but also submitted to the SBA a fabricated lease agreement and other fabricated documents for its purported HUBZone office. The complaint further alleged that during the government’s investigation of this case, the defendants fabricated another version of its agreement for the virtual office and submitted that false document to the government.
The complaint alleged that Air Ideal used its fraudulently-procured HUBZone certification to obtain contracts from the U.S. Coast Guard, U.S. Army, U.S. Army Corps of Engineers and the U.S. Department of the Interior. Each of those contracts had been set aside for qualified HUBZone companies. The United States’ complaint asserted claims against Air Ideal and Amkraut under the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act of 1989.
“The OIG will aggressively investigate intentional misrepresentations made by individuals who lie in order to claim eligibility for SBA set-aside programs,” said Inspector General Peggy E. Gustafson of the SBA. “I want to thank the U.S. Department of Justice for its dedication to pursuing justice in this case.”
The settlement resolves allegations brought in a lawsuit filed under the qui tam or whistleblower provisions of the False Claims Act by Patricia Hopson, who is employed in the construction industry. Under the Act, a private citizen can sue on behalf of the United States and share in any recovery. The United States is entitled to intervene in the lawsuit, as it did here. As part of the resolution, Hopson will receive $42,500.
This matter was handled by the Commercial Litigation Branch of the Justice Department’s Civil Division and the U.S. Attorney’s Office for the Middle District of Florida, in conjunction with the SBA’s Office of Inspector General (OIG) and Office of General Counsel, the Department of Homeland Security’s Office of Inspector General, and the Defense Criminal Investigative Service.
The case is U.S. ex rel. Hopson v. Air Ideal, Inc. and Kim Amkraut, No. 6:13-cv-775-Orl-37GJK (M.D. Fla.).
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Owner of Lakeland Market Sentenced to Federal Prison for Food Stamp FraudRead the Press Release
Tampa, Florida – United States District Judge Susan C. Bucklew today sentenced Randolph Goosby (53, Lakeland) to two years in federal prison for conspiracy to commit wire fraud, in connection with providing cash in return for food stamps. The Court also ordered Goosby to forfeit $4,312.35 seized from his business bank account, which was traceable to proceeds of the offense, and entered a money judgment in the amount of $782,291.65, the proceeds of the fraud. He pleaded guilty on January 8, 2015.
According to court documents, Goosby was the sole owner of 8th Street Supermarket in Lakeland, which accepted Electronic Benefit Transfer or “EBT” cards. EBT cards are used by individuals who participate in the Supplemental Nutrition Assistance Program (SNAP) to make food purchases. The 8th Street Supermarket was known as a place where SNAP participants could go to exchange EBT funds for cash, also known as “cash back.” This is specifically prohibited under the SNAP program. Goosby charged SNAP recipients 50 cents for every dollar that he provided as part of this illegal “cash back” scheme.
The 8th Street Supermarket did not use barcode scanners to aid in the checkout process, and there were no carts or baskets available for customers to carry purchases while inside the store. Rather, there was one cash register with a small counter. Most of the store’s interior space was either used for storing miscellaneous items or was unused. It was often closed during normal business hours and appeared to have virtually no legitimate food customers. Between November 2010 and July 2014, the 8th Street Supermarket conducted more than 11,000 SNAP EBT transactions totaling $964,390. From March 2011 to July 2014, it exceeded the average redemptions of the four closest SNAP-authorized convenience stores by $786,604.
This case was investigated by the U.S. Department of Agriculture, Office of Inspector General, the Federal Bureau of Investigation, the Polk County Sheriff’s Office, and the Lakeland Police Department. It was prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Mark Bini.
Former Tampa Police Corporal Pleads Guilty to Public Corruption ChargesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Jeanette Hevel (47, Land O’ Lakes) today pleaded guilty to theft of government property. The charge carries a maximum penalty of 10 years in federal prison. Hevel has also agreed to make full restitution to the Unites States Department of Treasury, and a forfeiture money judgment in the amount of $88,504.71.
According to court documents, Hevel, a Tampa Police Department (TPD) Corporal with more than 20 years’ experience, abused her position and authority to steal 13 United States Treasury tax refund checks (totaling $88,504.71), 21 money orders (totaling approximately $10,000), and one refund anticipation loan check ($3,007.15) from inside the Department’s secure evidence storage area. The unlawful conduct occurred over an approximate 9-month period, beginning in or around September 2011 and continuing through May 2012.
To locate the checks and money orders, Hevel sometimes accessed TPD’s electronic recordkeeping system to identify investigative matters or cases in which tax refund checks and/or money orders had been logged into the Department’s secure property storage area. She then improperly used her status to “check out” the items. On other occasions, the checks and/or money orders were initially forwarded to Hevel—in her capacity as a TPD Criminal Intelligence Bureau Corporal—by Department officers or detectives for further investigation. Once Hevel had the checks and/or money orders in her possession, she enlisted others outside the Department to unlawfully cash the items and then shared the proceeds with them.
This case was investigated by the Internal Revenue Service-Criminal Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Jay G. Trezevant.
Lakeland Man Sentenced to 80 Years in Prison for Producing and Transporting Child PornographyRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell today sentenced Benjamin Cuadrado (41, Lakeland) to 80 years in federal prison for the production and transportation of child pornography. Cuadrado pleaded guilty on January 9, 2015.
According to court documents, between July 26, 2012, and March 25, 2014, Cuadrado produced, transported, received, and possessed child pornography. He used his cellular phone to produce at least 70 videos of him sexually assaulting an infant and a toddler in his care. He transported the child pornography over the Internet using his email account and an Internet messaging program.
A forensic review of Cuadrado’s cellular phone revealed 250 videos and more than 4,000 images of child pornography, including files depicting pre-pubescent children and sadomasochistic conduct.
“Justice has truly been served in this case. Cuadrado’s heinous crimes were against children that were not able to defend themselves,” said Susan L. McCormick, special agent in charge of HSI Tampa. “Working hand-in-hand with our law enforcement partners, HSI will aggressively protect our communities from those who seek to sexually exploit children.”
“The sentence handed down in the case against Mr. Cuadrado brings to an end one of the most disturbing child exploitation cases in the history of our office,” said Alysa Erichs special agent in charge of HSI Miami. “This also sends a message to those who take advantage of the innocence of our children, that we will find you and prosecute you to the fullest extent of the law.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Miami Beach Police Department, the Polk County Sheriff’s Office, and the U.S. Secret Service. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Serial Bank Robber Sentenced to 10 YearsRead the Press Release
Tampa, Florida – United States District Judge Mary S. Scriven has sentenced Matthew Donald Lynch Maxwell (29, Tampa) to 10 years in federal prison for a series of bank robberies. As part of his sentence, the Court also entered a money judgment in the amount of $123,315, the proceeds of the charged criminal conduct. Maxwell pleaded guilty on December 16, 2014.
According to court documents, beginning on November 2, 2013, and continuing until June 21, 2014, Maxwell robbed 10 federally insured banks in the State of Florida. Throughout the course of the robberies, he stole the banks’ money through force, violence, and by means of intimidation, including restraining bank tellers by duct taping their hands behind their backs, telling bank tellers that he would detonate a bomb if his demands were not met, and pepper spraying a witness who followed him out of a bank. In an effort to evade investigators, Maxwell frequently changed his modus operandi. For example, he used several disguises, including an Albert Einstein Halloween mask and a full body painter’s suit. Maxwell also spoke in different accents when robbing the banks and utilized several different getaway vehicles.
This case was investigated by the Federal Bureau of Investigation, the Sarasota County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Tampa Police Department, the Clearwater Police Department, and the Pinellas County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Carlton C. Gammons.
Orlando Man Sentenced to 10 Years for Felony Gun PossessionRead the Press Release
Orlando, Florida – Chief U.S. District Judge Anne C. Conway today sentenced Eric Emmanuel Reynolds (31, Orlando) to 10 years in federal prison for being a felon in possession of a firearm. Reynolds pleaded guilty on January 16, 2015.
According to court documents, during an undercover investigation in 2014, Reynolds sold drugs and guns to a confidential informant on three separate occasions. When law enforcement officers executed a search warrant at Reynold’s residence, they discovered several different types of drugs and guns in his possession. At the time of the incident, Reynolds had several previous felony convictions for gun and drug crimes. As such, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
Ocala Cocaine Trafficker Sentenced to 10 Years for Distributing Cocaine and Money LaunderingRead the Press Release
Ocala, Florida – Senior U.S. District Judge Wm. Terrell Hodges has sentenced James Bryan Swoll, a/k/a “Squid,” (37, Ocala) to 10 years in federal prison for distributing five kilograms or more of cocaine and money laundering. He was also ordered to forfeit $350,000 worth of real property that was traceable to the offenses. Swoll pleaded guilty in November 2014.
According to court documents and evidence presented at the sentencing hearing, Swoll had a long-time source for large quantities of cocaine in South Texas and Matamoros, Mexico. For more than seven years, he obtained cocaine from Rolando Pinon and then redistributed the multi-kilogram amounts to other large-scale drug traffickers in the Ocala area. Pinon employed a series of drivers, including Jose Manuel Tovar, to drive the cocaine from south Texas to Ocala. Swoll received profits of approximately $5,000 per kilogram of cocaine sold. Swoll also distributed six kilograms of cocaine, via a broker, to another large-scale cocaine dealer in the Ocala area and received $211,500 in cash.
Swoll laundered his drug proceeds to purchase a home in the Ocala area. The closing documents revealed that one of Swoll’s associates appeared at the closing and titled the home in his name. Swoll provided the cash for the closing.
Pinon pleaded guilty for his role in this case and was sentenced to 18 years and 6 months in federal prison. He was also ordered to forfeit more than $1.2 million in cash and property. Tovar also pleaded guilty and was sentenced to six years in federal prison.
This case is another prosecution in the Organized Crime Drug Enforcement Task Force (OCDETF) Operation Wind Sock. The case was investigated by the Drug Enforcement Administration and the Internal Revenue Service - Criminal Investigation, with assistance from the Unified Drug Enforcement Strike Team, which is comprised of narcotics agents from the Ocala Police Department and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney A. Tysen Duva.
The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply.
Jacksonville Man Sentenced to 60 Years for Producing Videos of Child PornographyRead the Press Release
Jacksonville, Florida – Senior United States District Judge Harvey E. Schlesinger has sentenced Charles Franklin Hudson, Jr. (39, Jacksonville) to 60 years in federal prison for using a minor child to produce videos depicting child pornography. In addition, the Court ordered him to serve a life term of supervised release, to register as a sex offender, and to forfeit his electronic media. Hudson was arrested on January 8, 2014. He pleaded guilty on July 16, 2014.
According to court documents, on January 6, 2014, an officer with the Jacksonville Sheriff’s Office (JSO) was dispatched to a residence in response to a call regarding allegations of sexual battery on a minor child. Subsequently, detectives from the JSO Sex Crimes Unit interviewed the child, who indicated that she had been sexually abused by Hudson. Two days later, detectives obtained a search warrant for Hudson’s residence. During the execution of the warrant, officers discovered numerous items of digital media, including several computers, cameras, SD cards, CDs, and DVDs. In the attic, officers recovered a backpack containing cameras, sex devices and restraints, and several pill bottles bearing Hudson’s name. Five SD cards were found inside one of the pill bottles.
Subsequent forensic analyses of the five SD cards revealed approximately 90 video and image files depicting sexually explicit conduct involving Hudson. At least two of these videos, which had been produced by Hudson, depicted him and a minor child engaged in sexually explicit conduct.
"This prison sentence sends a strong message of deterrence to predators who think they can sexually exploit innocent children and get away with it," said Susan L. McCormick, special agent in charge of HSI Tampa. "We cannot undo the trauma to these children, but with law enforcement partners like the Jacksonville Sheriff’s Office, we will do everything in our power to bring these criminals to justice."
This case was investigated by the Jacksonville Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Volusia County Man Pleads Guilty to Producing Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that William A. Harvey (50, DeLand) has pleaded guilty to producing child pornography. He faces a mandatory minimum penalty of 15 years, up to 30 years, in federal prison, and a potential life term of supervision. His sentencing hearing has been scheduled for June 11, 2015. Harvey was indicted on December 23, 2014.
According to court documents, Harvey produced child pornography at his residence on May 5, 2014. His victim was a 16-year-old autistic girl. Harvey took several photographs of the victim engaged in sexually explicit conduct. The girl told another individual the next day what had happened. Law enforcement was contacted and a state search warrant was executed on May 29, 2014. During the execution of the search warrant, officers found a computer and an external hard drive in Harvey’s bedroom. A subsequent forensic examination of the computer and hard drive revealed 20 pornographic images of the victim. The victim stated that Harvey had used a purple camera to take the photographs of her. That camera was also found during the search.
This case was investigated by the Federal Bureau of Investigation, the Seminole County Sheriff’s Office, and the DeLand Police Department. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Saudi Arabian Citizen Pleads Guilty to Physically Assaulting TSA Officer at Orlando International AirportRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Mohammed Abdullah Alomaim (43, Saudi Arabia) today pleaded guilty to physically assaulting a Transportation Security Administration (TSA) officer, a felony under federal law. U.S. District Judge Gregory A. Presnell sentenced Alomaim to the time that he has already served since the offense, and a two-year term of supervised release. As a result of his conviction, Alomaim will be deported from the United States.
According to the plea agreement, on January 18, 2015, Alomaim came into contact with TSA officers at an Orlando International Airport checkpoint. Over the course of approximately two hours, he began behaving erratically, making other visitors at the airport uncomfortable, and repeatedly left his bags unattended. As a TSA officer approached Alomaim to speak with him, he struck the officer in the face. Alomaim was immediately taken into custody.
This case was investigated by the Federal Bureau of Investigation and the Orlando Police Department, with assistance from the Transportation Security Administration. It was prosecuted by Assistant United States Attorney Tiffany L. Cummins.
New York Man Indicted for Smuggling Cocaine at AirportRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Edward Adames-Tavares (30, New York) with smuggling cocaine into the United States. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to court documents, on March 6, 2015, Adames-Tavares flew from the Dominican Republic to the Orlando International Airport. Upon going through U.S. Customs inspection, he was selected for a secondary inspection of his luggage. A U.S. Customs and Border Patrol officer found 11 wooden hangers inside Adames-Tavares’ checked luggage. The officer ran the hangers through an x-ray machine, which revealed that something was inside the hangers. Upon further inspection, the officer found a white powdery substance wrapped in plastic. The substance tested positive for cocaine. The remaining hangers were opened and each contained a white powder wrapped in plastic.
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 U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Customs and Border Patrol. It will be prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Bradenton Man Convicted for Illegal Reentry After DeportationRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Leonel Hernandez-Lopez (36, Bradenton), a/k/a Jose Luis Carbajal, guilty of illegal re-entry after deportation. He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for June 18, 2015. Hernandez-Lopez was indicted on September 5, 2013.
According to evidence presented at trial, on December 12, 2002, Hernandez-Lopez was deported from the United States to Mexico. On August 16, 2013, U.S. Immigration and Customs Enforcement agents found him in Bradenton. Hernandez-Lopez had not requested permission to re-enter the United States after his deportation.
This case was investigated by U.S. Immigration and Customs Enforcement’s Customs Investigative Service and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Jennifer L. Peresie and Michael V. Leeman.
Former Titusville Police Officer Sentenced to Ten Years in Prison for Participating in A Drug DealRead the Press Release
Orlando, Florida – United States District Judge Paul G. Byron today sentenced Richard Irizarry (46, Viera) to 10 years in federal prison, followed by four years of supervised release, for attempting to aid and abet the distribution of cocaine. A federal jury found him guilty on January 9, 2015.
According to evidence presented at trial, Irizarry joined the Titusville Police Department in 2010 as a sworn law enforcement officer. While on duty during the summer of 2013, he responded to an apartment complex and befriended a person, who, unbeknownst to Irizarry, was a DEA confidential informant. While at a New Year’s Eve party in 2013, Irizarry told the informant that he knew that the informant was a drug dealer, and that Irizarry wanted to get into the drug business with him to make money. The next day, the informant reported the conversation to DEA, which immediately initiated an investigation.
On several occasions, Irizarry met with or called the informant, who recorded all of their meetings and telephone conversations. Irizarry often used his official police vehicle to meet the informant after his shift was over. On January 13, 2014, Irizarry looked up a license plate in a confidential database for the informant and identified it as belonging to an undercover DEA car. On another occasion, while on duty and in uniform, Irizarry parked his patrol car 50 feet away from the informant and an undercover agent that Irizarry believed was also a drug dealer. After listening to his police radio, Irizarry used his cell phone to tell the informant that it was safe to do a deal. Following that call, the informant handed the undercover agent what Irizarry believed was a kilogram of cocaine. For protecting the drug deal, the informant paid Irizarry $500.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Vincent A. Citro.
Former JSO Corrections Officer Sentenced for Possessing Child PornographyRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Leon Perry Brooks, Sr. (41, Jacksonville) to 21 months in federal prison for possessing child pornography. He was also ordered to register as a sex offender and to serve a five-year term of supervision following his prison term. A federal jury found Brooks guilty on October 8, 2014.
According to evidence presented at trial, in January 2013, a detective from the Jacksonville Sheriff Office, serving on the Internet Crimes Against Children Task Force, was able to download two videos depicting child pornography from an Internet Protocol address registered to Brooks. A search warrant was subsequently executed at his home, which resulted in the seizure of several computers. Two of these computers contained multiple videos depicting minors engaged in sexually explicit conduct.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), in conjunction with the Jacksonville Sheriff’s Office’s Internet Crimes Against Children Task Force. It was prosecuted by Assistant United States Attorney Diidri W. Robinson.
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.
California Man Indicted on Federal Charge of Failure to Register as A Sex OffenderRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that David Eric Crews (54, Sacramento, CA) has been indicted for failing to register as sex offender after traveling from the State of California. If convicted, he faces up to 10 years in federal prison and a potential lifetime of supervision. Crews was arrested on March 30, 2015, at a campground in Bunnell, Florida. He has been ordered detained pending his arraignment and detention hearing on April 2, 2015.
According to the indictment, on or about March 26, 1993, Crews was convicted and sentenced for rape, in concert with force or violence and sexual battery, in Sacramento, California. Between December 2, 2014 and March 13, 2015, he traveled from California to Florida and 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 and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
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 until, and unless, proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, 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.
Mexican Citizen Sentenced to 10 Years in Federal Prison for Attempting to Transport A Child from Las Vegas to Jacksonville for Illegal Sexual ActivityRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Javier Guerrero Molina (34, citizen of Mexico) to 10 years in federal prison for attempting to transport a minor child from Las Vegas to Jacksonville with the intent that the child engage in sexual activity with him. Molina was in the United States illegally. He was arrested on May 30, 2014, at the Jacksonville International Airport.
According to court documents, on May 29, 2014, the Jacksonville Aviation Authority Police Department (JAAPD) received a telephone call from an individual who advised that a child had disappeared from her home in Las Vegas and was believed to be traveling by air to Jacksonville. JAAPD officers learned that the Las Vegas Metropolitan Police Department (LVMPD) had made a “missing persons” entry regarding a 14-year-old female with the same name. A check of airline manifests confirmed that this child was listed as a passenger on a flight from Las Vegas to Jacksonville, with a connection in Charlotte, North Carolina. JAAPD coordinated with officers from the Charlotte-Mecklenberg Police Department (CMPD), who intercepted the child at the Charlotte International Airport. The child had been scheduled to board a flight from Charlotte to Jacksonville, due to arrive shortly after midnight on May 30, 2014.
As the expected arrival time for the Jacksonville flight approached, a JAAPD officer observed Molina in a waiting area in the Jacksonville International Airport lobby. When asked by the officer, Molina advised that he was there to meet a particular passenger. He was subsequently detained and interviewed.
During an interview, Molina admitted that he had entered the United States in 1999 or 2000 by paying a smuggler $700 to help him cross the border on foot near Laredo, Texas. He also stated that he had previously engaged in sexual activity with the child in Jacksonville, before the child and her family moved to Las Vegas. He also stated that he had sent the child money to pay for a one-way airline ticket from Las Vegas to Jacksonville, and that he expected their sexual relationship to continue when the child returned to Jacksonville.
This case was investigated by the Jacksonville Aviation Authority Police Department, the Las Vegas Metropolitan Police Department, the Jacksonville Sheriff’s Office, the Federal Bureau of Investigation in Jacksonville and Charlotte, the Charlotte-Mecklenberg Police Department, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Jacksonville State Attorney’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Georgia Man Indicted for Child Sex TraffickingRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Devin Lee Smith (27, Waynesville, GA) with child sex trafficking, enticing a minor to travel in interstate commerce for prostitution or unlawful sexual activity, transporting a minor in interstate commerce for prostitution or unlawful sexual activity, and using a facility of interstate commerce to promote and carry on prostitution activities. If convicted on all counts, he faces a minimum penalty of 10 years, up to life, in federal prison.
According to the indictment, Smith transported a minor female from Georgia to Jacksonville, where he then engaged in commercial sex trafficking of the minor. The indictment also alleges that Smith used a mobile phone to carry out his illicit activities.
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 Northeast Florida Human Trafficking Task Force, a specialized task force made up of investigators from the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Mac D. Heavener, III.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Sanford Felon Convicted of Firearm and Drug OffensesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Eugene Chisolm (57, Sanford) guilty of possessing a firearm as a convicted felon and possessing cocaine and cocaine base (“crack”) with the intent to distribute it. He faces a mandatory minimum penalty of 15 years, up to life, in federal prison on the firearm count, and up to 20 years’ imprisonment on the drug count. His sentencing hearing is scheduled for June 19, 2015. Chisolm was indicted on December 19, 2014.
According to evidence presented at trial, on March 13, 2014, law enforcement officers executed a search warrant at Chisolm’s residence in Sanford. During the search, agents recovered drug-trafficking quantities of crack cocaine and cocaine, along with digital scales and other equipment that had recently been used to manufacture the crack cocaine. Agents also recovered a loaded Smith and Wesson.40 caliber pistol. Chisolm was subsequently arrested and interviewed by agents. He admitted that he lived at the residence and that he had sold crack from there.
Prior to this incident, Chisolm had been convicted of multiple felony offenses, including robbery, burglary, battery on a law enforcement officer, and possession of a firearm by a convicted felon. As such, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Seminole County Sheriff’s Office, City County Investigative Bureau. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
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 another example of ATF’s Frontline Strategy to impact violent crime within our communities.
Former Florida Realtor Indicted on Conspiracy and Bank Fraud ChargesRead the Press Release
Tampa, Florida - United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Joseph Pasquale (38, Worcester, MA) with one count of mortgage fraud conspiracy involving bank fraud and two counts of bank fraud. He faces a maximum penalty of 30 years’ imprisonment for each count. The indictment also notifies Pasquale that the United States is seeking a money judgment for the proceeds of the mortgage fraud conspiracy.
According to the indictment and court proceedings, in 2005, entities controlled by co-conspirators entered into a contract to purchase The Arbors, an apartment complex in Hillsborough County. The new owners of The Arbors then engaged in a plan to convert the complex from rental apartment units to condominium units.
Pasquale’s co-conspirator, Brenden Bolger, aided the developers in the sale of numerous condominium units at The Arbors through his company, Capital Management Guarantee, LLC. In order to induce buyers to purchase units, Bolger created an addendum to the purchase contract that offered buyers various incentives such as rental supplements, money to defray maintenance costs, and a design credit to upgrade the unit’s amenities. When the buyers cancelled the design credit within 10 days of signing the addendum, Bolger paid a kickback for the amount of the design credit to the buyer from Capital Management’s bank account. In this manner, Bolger, Pasquale, and other co-conspirators failed to disclose to buyers’ mortgage lenders material facts about the financing of the sale of The Arbors condominium units.
Pasquale’s alleged role in the conspiracy consisted of marketing The Arbors units. He did so by promising buyers closing cash and undisclosed incentives, providing closing cash to borrowers who purchased units at The Arbors, facilitating the payment of kickbacks to his clients via Capital Management Guarantee, and facilitating the submission of false loan applications to FDIC insured financial institutions.
Bolger previously pleaded guilty for his role in this scheme. He is scheduled to be sentenced on June 22, 2015.
An indictment is merely a formal charge that a defendant has committed a violation of federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency, Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Hoffer.
A. Lee Bentley, III is Administered Oath of OfficeRead the Press Release
At an investiture ceremony held at the Sam M. Gibbons U.S. Courthouse yesterday afternoon in downtown Tampa, Judge Steven D. Merryday of the U.S. District Court for the Middle District of Florida administered the Oath of Office for the United States Attorney to A. Lee Bentley, III. He serves as the eighteenth United States Attorney for the district.
The formal ceremony, over which Judge Merryday presided, was attended by scores of family members, friends, and colleagues, as well as federal, state, and local dignitaries. Guest speakers included former United States Attorneys Robert E. O’Neill and A. Brian Albritton. The invocation and the benediction were given by the Reverend Roger Scholtz, Senior Pastor, Hyde Park Methodist Church. Tampa Police Chief Jane Castor led the Pledge of Allegiance, and Deputy Clerk James O. Gordon sang the national anthem.
Other honored guests attending included United States Attorney Loretta A. Lynch from the Eastern District of New York, former United States Attorney Donna A. Bucella, Florida Attorney General Pam Bondi, and Mayor Bob Buckhorn.
United States Attorney Bentley was appointed to his post by President Barack Obama upon the recommendation of Senators Bill Nelson and Marco Rubio. He has served as an Assistant United States Attorney in the Middle District of Florida since 2000, most recently serving as the First Assistant to United States Attorney Robert E. O'Neill. Prior to that, he worked at the law firm of Hogan & Hartson in Washington, DC as an associate and a partner. Mr. Bentley also has served as a Special Assistant United States Attorney in the Southern District of Florida (Miami), an Attorney-Advisor in the Office of Legal Counsel, Department of Justice (Washington, D.C.), a law clerk to Honorable Lewis F. Powell, Jr., United States Supreme Court, and a law clerk to Honorable Clement F. Haynsworth, Jr., United States Court of Appeals for the Fourth Circuit.
United States Attorney Bentley oversees one of the largest United States Attorney’s Offices in the country, having prosecutorial responsibility over 35 counties in Florida, stretching more than 350 miles, with a population of more than 11 million. He leads five staffed offices with more than 230 employees, including approximately 117 attorneys.
Chad Heins Pleads Guilty to Prison Tax Refund SchemeRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Chad R. Heins (40, Nekoosa, Wisconsin) has pleaded guilty to conspiracy to defraud the United States. He faces a maximum penalty of 10 years in federal prison and must pay restitution to the Internal Revenue Service. His sentencing hearing has been scheduled for June 23, 2015.
According to the plea agreement, 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 State of 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, which were to be deposited into his accounts.
Five other individuals, Laura Wright (71, Lecanto, FL), Tiffani Manning (31, Jacksonville, FL), Silvester Bowens (48, Jacksonville, FL), Christopher Wyant (39, Morristown, TN), and Tabatha Dubois (34, Morristown, TN), previously pleaded guilty for their roles in this case.
This case was investigated by The Internal Revenue Service - Criminal Investigation and the Florida Department of Corrections. Assistant United States Attorneys Kelly S. Karase and Mark Devereaux are prosecuting this case.
Imposter Sentenced to Prison for Resume Fraud and Fake BadgesRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Roy Antigua (55, Miami) to one year and one day in federal prison for making a false statement in a matter within the jurisdiction of the federal government and for wrongfully possessing federal government identification badges. The Court also ordered a money judgment in the amount of $114,000, the proceeds of the charged criminal conduct. Antigua pleaded guilty on January 6, 2015.
According to court documents, Antigua submitted employment applications to two home health care agencies in which he fraudulently claimed to have been awarded a Master’s Degree in Social Work from Boston University. He also submitted a fraudulently created diploma with his applications. Antigua was subsequently hired by both agencies that, in reliance on his false statements, billed Medicare for social work services he had performed for Medicare beneficiaries. Medicare will only pay for social work services performed by individuals holding a Master’s Degree in Social Work.
During a search of Antigua’s home on August 1, 2012, law enforcement agents found him to be in wrongful and unauthorized possession of colorable imitations of badges purportedly issued by the Department of Defense, Defense Criminal Investigative Service and the National Aeronautic and Space Administration.
This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General (OIG), the Department of Homeland Security - OIG, NASA - OIG, the Defense Criminal Investigative Service, the Federal Bureau of Investigation, the Coast Guard Investigative Service, and the New Port Richey Police Department. It was prosecuted by Assistant United States Attorney Bob Mosakowski.
Federal Jury Finds Husband and Wife Guilty of Operating A Clinic to Defraud MedicareRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Miami residents Gladys Fuertes (40) and her husband, Mario Fuertes (38), guilty of conspiracy to commit health care fraud, health care fraud, and obstructing a health care investigation. They are facing a maximum penalty of 10 years in federal prison on the conspiracy count and on each of the 10 health care fraud counts, and up to five years in federal prison on each of the two obstruction counts. Gladys Fuertes was also convicted of four counts of aggravated identity theft and faces a mandatory sentence of two years in prison for those charges. The sentencing hearing has been scheduled for June 23, 2015. Both individuals were indicted on March 13, 2014, and arrested in Miami on March 26, 2014.
According to evidence presented during the seven-day trial, Gladys and Mario Fuertes established and operated a sham clinic, Gables Medical and Therapy Center, for the purpose of committing health care fraud. They employed unlicensed medical professionals and misused the Medicare billing numbers of other medical professionals, without their knowledge, in order to claim that they had rendered medical treatment to Gables patients. The Fuerteses also paid a co-conspirator to recruit Medicare beneficiaries for Gables, and to drive patients to the clinic for basic and sham medical services.
Once recruited, Gladys and Mario Fuertes urged the Gables patients to enroll in Universal’s Medicare Part C and Part D plans. They believed that Universal paid a relatively high percentage of its claims. The Fuerteses fraudulently billed Universal and caused Universal’s Medicare Part C plan to be billed for Gables patients’ supposed treatments. The treatments included expensive HIV-related treatments that patients never actually received. Gladys and Mario Fuertes also billed Universal and caused Universal to be billed for services that required a physician’s presence when no licensed physician was present or rendered the service. The Fuerteses billed Universal in excess of $900,000.
The Fuerteses and their co-conspirators paid the Medicare beneficiaries, who were recruited to come to Gables for their Medicare identification numbers, to allow Gables to bill Universal for services that were never rendered. In addition, Gladys and Mario Fuertes facilitated the provision of fraudulent prescriptions for controlled substances, including oxycodone, to Gables patients. In some cases, the signatures on the prescriptions were forged. The patients who received these oxycodone prescriptions were assisted in filling them by a co-conspirator. The co-conspirator also purchased the pills from some of the patients and sold them on the street. These prescriptions were paid for as part of the beneficiaries’ Medicare Part D benefits.
Once they learned of the federal health care fraud investigation into their actions, the Fuerteses instructed Gables patients to lie to law enforcement agents and otherwise obstruct a federal investigation into health care fraud at the clinic. The Fuerteses also provided altered Medicare billing documentation to federal agents investigating their activities.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Mandy Riedel and Kelley Howard-Allen.
Since its inception in March 2007, the Medicare Strike Force, now operating in nine cities across the country, has charged more than 1,900 defendants who have collectively billed the Medicare Program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: http://www.stopmedicarefraud.gov/.
Federal Jury Convicts Colorado Man for Marijuana ConspiracyRead the Press Release
Jacksonville, Florida – U.S. Attorney A. Lee Bentley, III announces that a federal jury today convicted Gavin Harrill (45, Denver, Colorado) of conspiracy to cultivate and distribute marijuana. He faces a maximum penalty of 20 years’ imprisonment and a $1 million fine. A sentencing date has not yet been set.
According to testimony presented at trial, in late 2010, Harrill sold approximately 900 marijuana plants to a Jacksonville resident for distribution in Jacksonville Beach. The plants, with an approximate value of $1 million, were seized in Colorado grow houses by law enforcement officials prior to being delivered to Florida.
This conspiracy to distribute marijuana involved nine other individuals. They have also been convicted in federal court for their roles in this case. The conspiracy lasted from March 2010 to September 2011, and involved the purchase and transportation of hundreds of pounds of marijuana from California and Colorado to Florida.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Jay Taylor.
Duval County Man Sentenced to Prison for Drug Offense at JAXPORTRead the Press Release
Jacksonville, Florida – Senior U.S. District Judge Harvey E. Schlesinger today sentenced Bobby Lee Smith (48, Jacksonville) to 96 months in federal prison for attempting to possess with intent to distribute cocaine. He pleaded guilty on October 31, 2014.
According to court documents, in 2012, Smith applied for and subsequently received a Transportation Security Administration (TSA) Transportation Worker Identification Credential (TWIC) card. The TWIC card allowed Smith to have unescorted access to various parts of the JAXPORT facility in Jacksonville. It also allowed him to escort individuals on and off JAXPORT.
Between January and early March 2014, a law enforcement officer acting in an undercover capacity (UC) conducted a series of meetings and recorded phone calls with Smith regarding drugs coming through JAXPORT. During these conversations, Smith stated that he could get anything on or off JAXPORT’s Blount Island Terminal.
On March 7, 2014, Smith agreed to meet with the UC’s partner at the Blount Island Terminal. Smith agreed to pick up a package containing five kilograms of cocaine and then deliver it to the UC. Later that day, Smith went to the JAXPORT Blount Island Terminal and, using his TWIC card, proceeded to the area where the UC’s partner was waiting. Smith then met with the UC’s partner and took possession of a package he believed contained the cocaine. Upon exiting the terminal, Smith headed in the opposite direction of the predetermined meeting site with the UC. Smith then examined the contents of the package and wrapped the purported cocaine in a t-shirt. During a subsequent traffic stop by law enforcement, the package of fake cocaine was recovered from the front passenger floorboard where Smith was seated.
This case was investigated by U.S. Immigrationa and Customs Enforcement's Homeland Security Investigations, U.S. Customs and Border Protection Air / Marine Branch, Coast Guard Investigative Service, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
U.S. Attorney's Office Joins TwitterRead the Press Release
Tampa, FL - United States Attorney A. Lee Bentley, III announces today that his office has joined Twitter to assist in providing news, announcements, and other information to the public. To follow us on Twitter, go to https://twitter.com/USAO_MDFL, or add our Twitter address, @USAO_MDFL, to the Twitter app on your mobile device. In addition to Twitter, the U.S. Attorney’s Office also maintains a website, which remains the primary source of information for our office.
Naples Man Pleads Guilty to Three Armed Bank RobberiesRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that John Robert Haldemann (31, Naples) today pleaded guilty to three counts of armed bank robbery. He faces a maximum penalty of 25 years in federal prison for each count. A sentencing date has not yet been set.
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 is being prosecuted by Assistant United States Attorney David G. Lazarus.
Fort Myers Residents Sentenced in False Tax Return SchemeRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Amaury Jimenez Brito (37, Fort Myers) to 21 months in federal prison for conspiracy to defraud the United States with false claims and theft of government property. The Court also ordered Brito to pay $7,924 in restitution to the IRS. He pleaded guilty to the charges on November 6, 2014.
According to court documents, between April 1, 2014, and May 22, 2014, Brito and his co-defendant, Yidelka Caceres, conspired with each other and with others to file approximately 264 false tax returns using the personal identifying information of other individuals without their permission. The total amount of tax refund payments sought from the IRS for the returns was more than $1.37 million. However, the IRS rejected the majority of the filings and Brito and Caceres received approximately $7,924 in proceeds from the offense.
In addition, on April 18, 2014, Brito illegally sold two U.S. Treasury checks to a confidential informant. On May 8, 2014, Brito and Caceres illegally sold another U.S. Treasury check to the informant. Neither Brito nor Caceres was the payee on the Treasury checks and they did not have permission to convert the funds for their own use or to sell or transfer the checks.
Caceres (39, Fort Myers) previously pleaded guilty for her role in this case. On February 13, 2015, she was sentenced to 90 days home confinement, a five year term of probation, 100 hours of community service, a $448 fine, and $7,924 in restitution. In addition, the Court ordered Caceres to forfeit $5,932 seized from her home at the time of her arrest, representing proceeds she obtained as a result of her conduct.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney David G. Lazarus.
One Pasco and Two Lake County Residents Charged with Trafficking in MethamphetamineRead the Press Release
Tampa, Florida – A federal grand jury has returned an indictment charging Shawn Paul Hendricks (41, Dade City), Vladimir Castaneda (26, Eustis), and Jose Edgar Gonzalez-Castaneda (45, Eustis) with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, announces United States Attorney A. Lee Bentley, III, along with Acting Special Agent in Charge A.D. Wright, DEA Miami Field Division, and Pasco Sheriff Chris Nocco. Castaneda and Gonzalez-Castaneda were also charged with distribution of 500 grams or more of methamphetamine, and possession with intent to distribute 500 grams or more of methamphetamine. If convicted, each faces a mandatory minimum penalty of 10 years, up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit $49,334 in cash, a silver 2008 BMW sedan, and a Smith and Wesson .357 Magnum pistol and ammunition, which are alleged to be traceable to the offenses.
According to court documents, Hendricks, who was known by law enforcement to be a large-scale methamphetamine trafficker, was arrested in Dade City on February 18, 2015, for fleeing and alluding law enforcement after an attempted traffic stop. Agents subsequently seized marijuana, a gun, and nearly $50,000 in cash from a Dade City residence where Hendricks lived with his girlfriend. Hendricks admitted to having received 10 to 15 pounds of methamphetamine a week over the past year from a source of supply in Atlanta, and stated that he was to receive such a shipment the following night. With Hendricks’s cooperation, on February 19, 2015, agents arrested Castaneda and Gonzalez-Castaneda in Eustis, after they had delivered nearly 9 pounds of methamphetamine to Hendricks. In one of the transport vehicles, agents found an additional 11 pounds of methamphetamine. Gonzales-Castaneda admitted that he and Castaneda had picked up the methamphetamine in Atlanta earlier that morning.
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 United States Drug Enforcement Administration and the Pasco Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kathy J.M. Peluso.
Federal Jury Convicts Scientists of Wire Fraud, Identity Theft, and ObstructionRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Mahmoud Aldissi (a/k/a, Matt) and Anastassia Bogomolova (a/k/a, Anastasia) guilty of conspiracy to commit wire fraud, wire fraud (7 counts), aggravated identity theft (5 counts), and falsification of records involving a federal investigation (2 counts). Aldissi and Bogomolova each face a maximum penalty of 20 years in federal prison. The sentencing hearing has been set for May 28, 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 worth 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 in order 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 Small Business Innovation Research program is a vital link in stimulating innovative technologies. The conviction of these individuals on all charges including identify theft and falsification of records sends a clear message that fraud in this program will not be tolerated,” said Allison C. Lerner, Inspector General at the National Science Foundation. “I commend the U.S. Attorney’s Office and our investigative partners for their work on this case.”
"This conviction demonstrates the commitment of the Defense Criminal Investigative Service and its law enforcement partners to protect the integrity of all Department of Defense programs," said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS aggressively investigates violators who defraud the DoD procurement process, to preserve precious American taxpayer dollars intended to support our Warfighters."
"These guilty verdicts are another win for our organization," said Frank Robey, the director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. "Although these two defendants tried to cover their tracks with layers of deceptive paperwork, our special agents, in cooperation with other law enforcement agencies, were able to peel back the layers and uncover their scheme to defraud multiple government agencies."
“These defendants stole millions of dollars from the American taxpayer by systematically scheming to take contracting opportunities from legitimate business owners. This audacious scheme included several contracts awarded by the U.S. Environmental Protection Agency (EPA). The EPA’s Office of Inspector General (OIG) will continue to work with our law enforcement partners to aggressively investigate and expose these types of crimes,” said Jerry Polk, Acting Special Agent in Charge, EPA OIG Atlanta Field Office.
Paul Martin, NASA Inspector General, congratulated the prosecution team and noted that, “The NASA Office of Inspector General is committed to ensuring aggressive oversight of taxpayer funds used for scientific research by NASA contractors and grantees.”
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 is being prosecuted by Assistant United States Attorney Thomas N. Palermo.
Two Jacksonville Men Charged with Investment FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Joshua Gilliland (31) and Chawalit (“Chow”) Wongkhiao (28), both of Jacksonville, with conspiracy to commit wire fraud and conspiracy to commit money laundering. If convicted on all counts, each faces a maximum penalty of 30 years in federal prison. The indictment also notifies both men that the United States intends to seek forfeiture of $1.13 million, which represents the proceeds of the wire fraud offense, and $4,104,823, the amount of money involved in the money laundering offense.
According to the indictment, Gilliland and Wongkhiao, doing business as Allied Markets LLC, solicited money for purported investments in foreign currency exchange (“forex”) transactions. Between March 2012 and July 2014, based on their representations, investors gave them substantial amounts of money. Contrary to their representations, Gilliland and Wongkhiao allegedly invested only about one-fifth of the total investors’ funds in forex transactions, which resulted in a loss. A large portion of the funds were used for personal expenses, including cash withdrawals, rent, furnishings, clothing, travel, food, and entertainment. They also used some of the funds received from later investors to pay off earlier investors.
An indictment is merely a formal charge that a defendant has committed a violation of one of more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, the Florida Office of Financial Regulation, and the Jacksonville Beach Police Department. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Jacksonville Man Charged with Advertising for Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Chad Jason Lansford (29, Jacksonville) with advertising for child pornography. If convicted, he faces a mandatory minimum penalty of 15 years, up to 30 years, in federal prison, and a potential life term of supervision. During his initial court appearance, Lansford was ordered detained pending his arraignment and detention hearing scheduled for March 24, 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 until, and unless, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Defense Contractor Pleads Guilty to Paying Bribes in IraqRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Ankana Pecault Stovall (47, Riverview) has pleaded guilty to an indictment charging her with conspiracy to pay gratuities and supplement the salary of members of the U.S. military in order to gain favorable contracting treatment in Iraq. She faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set. The indictment also notifies Stovall that the United States is seeking a money judgment in the amount of $19,500.
Two co-conspirators, U.S. Army Master Gunnery Sergeant Timothy Lerone Benton (Virginia) and U.S. Army First Sergeant Richard Allen Smith (Delaware), previously pleaded guilty in federal court in Tampa to accepting gratuities from Stovall during their time in Iraq in exchange for preferential contracting treatment for Stovall and her associated contracting companies.
According to court documents, between June 2007 and October 2009, Stovall was working for a defense contractor in Iraq and operating her own Riverview-based contracting company, Logistics Support and Services Company (“LSS”), which were both doing business with the U.S. military on Camp Liberty in Baghdad. Stovall was involved in a personal and financial relationship with Benton, who used his official position in Iraq to benefit Stovall, LSS, and Stovall’s employer by escorting trucks loaded with furniture, gravel, and other supplies through Camp Liberty to circumvent the required security procedures on the base. For his assistance, Stovall would pay Benton cash. Benton also assisted Stovall and LSS in receiving cash purchase orders for supplies through his unit at Camp Liberty, including two 47-inch LCD televisions for $6,400 and 100 digital cables for $5,500. After Benton returned from Iraq, Stovall used LSS funds to pay for a vacation to the Bahamas for her and Benton. Later that year, she gave Benton a $5,000, no-interest loan. In early 2010, Benton used his official position at the Pentagon to draft two official memoranda sponsoring and endorsing Stovall and LSS to conduct business on Camp Liberty.
In addition to the payments to Benton, Stovall regularly made cash payments in the amount of $3,000 to Smith on behalf of her employer. Smith was the U.S. government employee in charge of the motor pool on Camp Liberty and was responsible for assigning military vehicle maintenance work to contractors. On multiple occasions, Stovall made cash payments to Smith to ensure that her employer would receive favorable treatment and contracts to perform work at the motor pool.
This case was investigated by the Defense Criminal Investigative Service, the United States Army – Criminal Investigation Command, and the Naval Criminal Investigative Service. It is being prosecuted by Assistant United States Attorney Josephine W. Thomas.
Former Bradenton Housing Authority Project Director Pleads Guilty to Theft of Government FundsRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Stephany West (51, Bradenton) today pleaded guilty to theft of federal funds. She faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, from June 2, 2008, until September 19, 2013, West, a/k/a “Stephany Shaw,” was employed as the Project Director of the Bradenton Housing Authority (“BHA”). The BHA is a local housing authority agency of the City of Bradenton and received $10,000 or more in federal funds from the United States Department of Housing and Urban Development.
Between September 2010 and September 2013, West was routinely absent from the BHA and engaged in non-BHA activities during work hours. She failed to take annual or sick leave for these absences, and accepted her regular salary for work. From September 2010 through September 2012, West was absent and engaged in non-BHA activities at least 25 percent of the time. Between September 2012 and September 19, 2013, West was absent and engaged in non-BHA activities approximately 50 percent of the time. In total, West stole and knowingly converted to her own use approximately $73,783. from the BHA by taking salary, benefits, and bonuses that she had not earned and to which she was not entitled. She stole another $30,767.60 by cashing out unused annual and sick leave, which she should have otherwise used while spending work hours attending to personal affairs. Thus, West’s actions caused a total loss to the BHA of approximately $104,550.
This case was investigated by the U.S. Department of Housing and Urban Development - Office of Inspector General, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Bradenton Police Department. It is being prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Bank Robber Sentenced to 15 Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced William Demethris Bass (40, Oviedo) to 15 years in federal prison for bank robbery. He pleaded guilty on November 4, 2014.
According to court documents, Bass robbed three Orlando-area banks. He robbed a SunTrust Bank branch on June 10, 2014, and two different Fairwinds Credit Union branches on June 14, 2014. Bass continued his spree of robberies in Hinesville, Georgia, and he faces additional federal charges in the Southern District of Georgia.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Embry J. Kidd.
Adventist Health System to Pay $5.4 Million to Resolve False Claims Act AllegationsRead the Press Release
Orlando, FL – Adventist Health System Sunbelt Healthcare Corporation (Adventist) has agreed to pay $5,412,502 to resolve claims that it violated the False Claims Act by providing radiation oncology services to Medicare and TRICARE beneficiaries that were not directly supervised by radiation oncologists or similarly qualified persons, the Department of Justice announced today. Adventist is a non-profit healthcare organization operating a large network of hospitals in the South and the Midwest, and doing business in Florida as Florida Hospital.
“Today’s settlement demonstrates our continued vigilance to ensure that federal health care beneficiaries receive the highest quality of patient care,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “It is critical that health care providers adequately supervise the services they provide to their patients.”
Radiation oncology services provided to patients served by Medicare and TRICARE, the Department of Defense’s health care program, must be directly supervised by a radiation oncologist or similarly qualified personnel. The United States alleged that, from Jan. 1, 2010, through Dec. 31, 2013, Adventist violated this supervision requirement for radiation oncology services provided to federal health care program beneficiaries at several Florida locations, including in Altamonte Springs, Daytona Beach, Deland, Kissimmee, Orange City, Orlando, Palm Coast and Winter Park. These services included radiation simulation, dosimetry, radiation treatment delivery and devices, and intensity-modulated radiation therapy.
“Medicare and TRICARE patients deserve high quality health care,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida. “We will not tolerate providers recklessly cutting corners, particularly when furnishing such critical medical services as radiation oncology.”
The settlement partially resolves allegations made in a qui tam lawsuit under the False Claims Act filed in Tampa, Florida, by Dr. Michael Montejo, a radiation oncologist and former employee of Florida Oncology Network P.A., a radiation oncology group. The act permits private individuals to sue on behalf of the government for false claims and to share in any recovery. Montejo will receive $1,082,500 as his share of the recovery.
“Providing proper supervision of radiation oncology services is an important requirement in federal health care programs such as Medicare,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General. “Our agency will continue to hold health care providers accountable for meeting the requirements in these taxpayer-funded programs.”
This settlement illustrates the government’s emphasis on combating healthcare fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused on efforts to reduce and prevent Medicare and Medicaid fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.8 billion through False Claims Act cases, with more than $15.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement was the result of a coordinated investigation between the U.S. Attorney’s Office for the Middle District of Florida, the Civil Division’s Commercial Litigation Branch and the U.S. Department of Health and Human Services’ Office of Inspector General.
The case is captioned United States ex rel. Montejo v. Adventist Health System Sunbelt Healthcare Corp., Case No. 8:13-CV-206-T-23AEP (M.D. Fla.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Jacksonville Man Sentenced to Federal Prison for Failing to Register as A Sex OffenderRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Anthony Vincent Burkitt, a/k/a “Vincent Thomas Wolfe,” (45, Jacksonville) to 27 months in federal prison for failing to register as sex offender after traveling to Florida from Maryland. He pleaded guilty on December 5, 2014. Burkitt has been in custody since his arrest on April 13, 2014.
According to court documents, on or about June 24, 2002, Burkitt was convicted of attempted second degree rape in Baltimore County, Maryland. Subsequent to his conviction, and after being released from prison, he traveled from Maryland to Jacksonville, where he established residency in February 2013, but failed to register as a sex offender as required by the federal Sex Offender Registration and Notification Act. On April 13, 2014, a Jacksonville Sheriff’s Office deputy was dispatched to a residence in Jacksonville, in reference to a domestic disturbance. At the time, Burkitt was living at the residence under the alias “Vincent Thomas Wolfe” and was arrested. Further investigation revealed that he was a sex offender, and that he had been living in Jacksonville since February 2013 without registering as required by law.
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 (USMS), to assist state and local authorities in locating and apprehending non-compliant sex offenders. This case was investigated by the Jacksonville Sheriff’s Office, the USMS, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorneys D. Rodney Brown and Kelly S. Karase.
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.
Gilbane Building Company to Pay $1.1 Million to Resolve False Claims AllegationsRead the Press Release
Tampa, FL – Gilbane Building Company will pay the United States $1.1 million to resolve allegations that W.G. Mills Incorporated – a company with which Gilbane merged in November 2010 – violated the False Claims Act by creating a front company, Veterans Constructors Incorporated (VCI), in order to be awarded a Coast Guard contract that was designated for Service Disabled Veteran Owned Small Businesses (SDVOSBs), the Justice Department announced today. The Justice Department also announced that VCI has agreed to pay the United States $50,000 plus five annual contingency payments equal to one percent of VCI’s total annual revenues to resolve these same allegations.
“Those who seek to do business with the government must do so fairly and honestly,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “We will not tolerate contractors who seek to profit at the expense of our veterans and taxpayers.”
“Those who apply for federal contracts must be honest and forthright in their dealings, especially when seeking contracts set aside for service-disabled veterans,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida. “Working jointly with DOJ and our agency partners has allowed us to make substantial recoveries in these types of cases in recent months. Our office remains committed to pursuing these matters vigorously.”
To qualify as a SDVOSB, a company must be operated and managed by service-disabled veterans and must not be affiliated with a large company. The government alleged that W.G. Mills created VCI merely as a contracting vehicle and that VCI’s affiliation with W.G. Mills rendered it ineligible to be awarded set-aside contracts for SDVOSBs. The government further alleged that W.G. Mills performed the work that VCI was required to perform under the Coast Guard contract, and alleged that if the Coast Guard and the Small Business Administration (SBA) had known that VCI was nothing but a front company, the Coast Guard would not have awarded it the contract.
“Providing the government false information to gain access to set-aside contracts is unacceptable,” said Inspector General Peggy E. Gustafson of the SBA. “The OIG will aggressively investigate such misrepresentations to ensure only eligible businesses are awarded these contracts. I want to thank the U.S. Department of Justice for its dedication to pursuing justice in this case.”
“SBA’s contracting programs, including the Service-Disabled Veteran-Owned Small Business Program, provide eligible small businesses with the opportunity to grow and create jobs,” said General Counsel Melvin F. Williams Jr of the SBA. “SBA has no tolerance for fraud or abuse in any government contracting program and is committed to working with our federal partners to ensure the benefits of these programs flow only to the intended recipients.”
This case was investigated jointly by Assistant U.S. Attorney Charles Harden of the United States Attorney’s Office for the Middle District of Florida; Trial Attorney David Finkelstein of the Commercial Litigation Branch of the Justice Department’s Civil Division; Adam Kaplan, Assistant Counsel to the Inspector General of the U.S. Small Business Administration; Trial Attorney Sabrina Daly of the Office of General Counsel for the U.S. Small Business Administration; and Kevin Kupperbusch, Supervisory Special Agent of the Atlanta office of the Inspector General of the U.S. Small Business Administration.
The settlement resolves allegations originally filed in a lawsuit by Michael Jeske and Samuel McIntosh. The investigation was a coordinated effort among the Civil Division, the U.S. Attorney’s Office for the Middle District of Florida, and the SBA’s Office of Inspector General (OIG). The lawsuit was filed in the Middle District of Florida and is captioned United States ex rel. Michael Jeske and Samuel McIntosh v. Gilbane Building Company, W.G. Mills, Inc., and Veterans Constructors Inc., Case No. 8:11-cv-1205 (M.D. Fla.).
The claims resolved by the settlement are allegations only; there has been no determination of liability.
Former Assistant Branch Manager of Credit Union Pleads Guilty to EmbezzlementRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Male Yahaira Rivera (35, Orlando) today pleaded guilty to embezzlement from a federally insured credit union. She faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been set.
According to court documents, Rivera was an Assistant Branch Manager of Fairwinds Credit Union. Over a period of about 10 months, she stole $258,000 in cash from the credit union. Funds were taken on 16 separate occasions in amounts ranging from $2,000 to $40,000. Each of the thefts involved cash that was supposed to be deposited into an ATM machine or cash that was removed from an ATM machine. Rivera used more than $44,000 as a partial payment for a Porsche.
This case was investigated by the United States Secret Service. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
United States Settles False Claims Act Allegations Against Jacksonville-Based Dermatology Practice for $787,814Read the Press Release
Jacksonville, Florida - U.S. Attorney A. Lee Bentley, III announces that the United States has settled allegations that a Jacksonville-based dermatology practice knowingly billed the government for services that were cosmetic in nature and not medically necessary, as well as “up-coded” certain bills to receive higher than allowed reimbursement. The allegations resolved included liability under the False Claims Act (FCA).
The government announced today that it has reached a settlement with the defendant, Coastal Dermatology, and the physician who owned the practice – Dr. Sanjiva Goyal. In reaching this settlement, the parties resolved allegations that from January 1, 2009, until April 2014, Dr. Goyal operated a dermatology practice that routinely had a practice of billing for cosmetic dermatological procedures, billing for services when all the Medicare and TRICARE requirements were not established, and billing for services at a higher rate of reimbursement than appropriate. The government agreed to accept $787,814 to resolve these allegations.
This settlement involved false claims submitted to both the Medicare and TRICARE programs. This case was developed by proactively mining healthcare reimbursement data. In mining through this data, Coastal Dermatology was identified as a top biller of procedures related to skin lesion removal procedures and removal of inflamed seborrheic keratoses. Among the 3,814 TRICARE-participating dermatologists in the South Region, Coastal Dermatology was number one in terms of billings for lesion removals.
"The United States Attorney's Office is committed to taking the steps necessary to protect Medicare, TRICARE, and other federal health care programs from fraud," said U.S. Attorney Bentley. "By bringing FCA cases such as this, we hope to recover funds obtained through the fraud and deter others from attempting similar schemes."
"Patients unable to receive necessary medical care suffer the cost of Medicare fraud when those funds are purposely stolen and diverted to pay for uncovered voluntary procedures," stated Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General. "We will continue to work with our law enforcement partners to protect the integrity of entitlement programs like Medicare."
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Department of Justice and the Department of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $19 billion through False Claims Act cases, with more than $13.4 billion of that amount recovered in cases involving fraud against federal health care programs.
"This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program," said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS' aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees."
This case was investigated by the Defense Criminal Investigative Service (DCIS), Health and Human Services Office of Inspector General (HHS/OIG), HHS Office of Counsel to Inspector General (HHS/OCIG), the Defense Health Agency Program Integrity Office, and Assistant United States Attorney Jason Mehta.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
St. Petersburg Man Sentenced to Twelve Years for Child Pornography OffensesRead the Press Release
Fort Myers, Florida – United States District Judge John E. Steele has sentenced William G. Roberts (55, St. Petersburg) to 12 years in federal prison for receiving, possessing, and distributing child pornography. The Court also ordered him to serve a life term of supervision following his release from prison, and to register as a sex offender. Roberts pleaded guilty on December 11, 2014.
According to court documents, Roberts sought out and caused a nine-year-old child to engage in sexually explicit conduct for the purpose of producing videos of the explicit conduct. The child was directed by Roberts to upload the requested videos to his private YouTube account. The child’s mother discovered the explicit videos and chats and contacted police. Subsequent investigation by law enforcement identified Roberts as the individual with whom the child had been communicating.
This case was investigated by the Federal Bureau of Investigation, Child Exploitation Unit and the Cape Coral Police Department. It was prosecuted by Assistant United States Attorney Tama Koss Caldarone.
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.
Sarasota Felon Sentenced to 15 Years in Prison for Possessing A Firearm and Drugs for SaleRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Lonzine Adams (58, Sarasota) to 15 years in federal prison for being a felon in possession of a firearm and for possessing with the intent to distribute crack cocaine. The Court also ordered him to forfeit the firearm and ammunition. Adams pleaded guilty on July 15, 2014.
According to court documents, a confidential informant purchased drugs from Adams on two occasions at his store in Sarasota. Law enforcement officers then obtained a search warrant for “Bud’s Store” and found Adams in possession of a revolver and ammunition. Officers also found crack cocaine, which was intended for sale, and $12,000 in cash, which were the proceeds of Adams’s drug sales.
Adams had multiple prior felonies, including at least four convictions related to the sale of cocaine. As a convicted felon, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violence in our communities.
Port Orange Man Charged in Scheme to Defraud Oil Spill Compensation FundRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Robert Lee Craddock (54, Port Orange) with wire fraud arising out of a scheme to defraud the compensation fund established as a result of the Deepwater Horizon oil spill in 2010. If convicted, he faces a maximum penalty of 20 years in federal prison. The indictment also notifies Craddock that the United States is seeking a money judgment in the amount of $135,153, the proceeds of the charged criminal conduct.
According to the indictment, following the April 2010 explosion of the Deepwater Horizon oil rig (which was being leased by BP, formerly known as British Petroleum), Craddock submitted a claim to BP and the Gulf Coast Claims Facility (“GCCF”), an independent facility established by BP to compensate qualified claimants, for lost earnings purportedly related to the impact of the oil spill on his businesses. As part of the scheme, Craddock crafted fictitious invoices to support the amount of lost earnings that he claimed. The fraudulent scheme resulted in BP and GCCF transmitting a total of $135,153 to Craddock.
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 United States Secret Service. It will be prosecuted by Assistant United States Attorney Embry J. Kidd.
Clay County Doctor Indicted for Distributing Controlled Substances Resulting in the Death of A PatientRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Dr. Russell Sachs (56, Green Cove Springs) with four counts of dispensing and distributing, and causing to be dispensed and distributed, certain Schedule II and IV controlled substances to patients that were outside the usual course of professional practice and for no legitimate medical purpose. Count one also charges Sachs with dispensing controlled substances that resulted in the death of a patient. If convicted, he faces a mandatory minimum of 20 years, up to life, in federal prison on count one and up to 20 years’ imprisonment on each of the remaining three counts in the indictment.
According to the indictment, Dr. Sachs, a licensed medical doctor in Florida, owned and operated Physician Pain Management in Green Cove Springs. On various dates between 2011 and 2012, he dispensed and distributed, and caused to be dispensed and distributed, various combinations of the following controlled substances, outside the usual course of professional practice and for no legitimate medical purpose: alprazolam (Xanax), carisoprodol (Soma), clonazepam, hydromorphone (Dilaudid), methadone, morphine, and oxycodone.
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 Drug Enforcement Administration and the Internal Revenue Service - Criminal Investigation. It will be prosecuted by Assistant United States Attorney Diidri W. Robinson.
Chinese Chemical Supplier Pleads Guilty to Conspiracy and Importation of Synthetic Drugs, Controlled SubstancesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Wei Zhang, a/k/a David Liteng (35, Tianjin, China) has pleaded guilty to conspiracy to import controlled substance analogues (synthetic cannabinoids), knowing that they were intended for human consumption. He also pleaded guilty to two counts of aiding and abetting the importation of controlled substances and cathinones, also known as “bath salts.” Zhang faces a maximum penalty of 60 years in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, in late 2010, an individual met with Dan and Kevin Louie, the owners and operators of Source1Herbs, in Toronto, Canada. Source1Herbs was a large wholesale business that sold synthetic cannabinoids and cathinones. This individual met with the owners and learned that their Chinese-based supplier was Wei Zhang, a/k/a “David Liteng.” In October 2010, the individual made contact with Zhang and discussed ordering chemicals from him directly. In late February 2011, the individual and his business partner traveled to China and met with suppliers, including Zhang. During these meetings, the individual and Zhang discussed finding a replacement chemical for (1-napthoyl)indole (JWH-018), which was set to be temporarily listed as a Schedule I controlled substance by the DEA on March 1, 2011. As a result of the meeting, the individual obtained a more favorable pricing from Zhang for synthetic chemicals. Zhang, having a significant chemistry background, explained the best chemical alternatives for JWH-018 that would give the end user a similar high, including stimulant and hallucinogenic effects.
On March 1, 2011, Zhang and others exchanged e-mail communications (including news articles) for specific chemicals banned that day, which included JWH-018. One such e-mail from Zhang states, “Hi we know there will be ban jwh and similar product on 1th (sic) march. Pls let me know what happen tomorrow.” When JWH-018 was placed on the DEA’s banned list, Zhang and others began selling other chemicals, including AM-2201, JWH-081, JWH-122, JWH-203, JWH-210, and JWH-250. Zhang routinely shipped large quantities of those chemicals to customers in the United States, Russia, and Europe, distributing a portion of the synthetic cannabinoids through mailing facilities in the Middle District of Florida. From March 2011 through February 2012, Zhang shipped approximately 798 kilograms of these chemicals to the individual. In addition, he supplied Source1Herbs with large quantities of synthetic cannabinoids and cathinones.
On May 7, 2014, the United States Treasury Department - Office of Foreign Asset Control (OFAC) used the Kingpin Act to designate Source1Herbs and Dan and Kevin Louie, both Canadian nationals, on the Specially Designated National (SDN) List. The Kingpin Act permits the imposition of economic sanctions to preclude a variety of worldwide economic transactions.
In July 2013, the Zhang and the individual had several discussions about synthetic cannabinoids, the latest trends in the worldwide industry, and the controlled status of certain chemicals, including UR-144, 5F-UR-144, and RCS-4. Zhang sent the individual various samples of synthetic chemicals known as 5 Meo Dalt (a synthetic cathinone), A834, 5F-UR-144, JWH-308, and WIN48098. Zhang also discussed emerging synthetic cannabinoids PB-22 and 5F-PB-22, both of which were controlled substance analogues of JWH-018 at the time, and then later a Schedule I controlled substance. After receiving a spreadsheet of Zhang’s inventory, the individual negotiated a purchase deal with Zhang for large quantities of UR-144, 5F-UR-144, and RCS-4. The negotiated price for approximately 773 kilograms of chemicals was $265,000, and Zhang agreed to provide the chemicals on consignment. Zhang agreed to ship mislabeled parcels containing 2 or 3 kilograms of those substances per parcel to various mailing facilities within the Middle District of Florida.
From February 3, 2014, through May 16, 2014, Homeland Security Investigations received 48 packages containing 144 kilograms of UR-144, 47 packages containing 106 kilograms of 5F-UR-144 (XLR-11), and 8 packages containing 16 kilograms of RCS-4. During the receipt of those packages, the individual further negotiated to pay Zhang $150,000 for the 266 kilograms of Schedule I controlled substances. In April 2014, Zhang traveled to the United States to retrieve $150,000 in cash for the substances, where he was ultimately arrested.
This case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations, the Jacksonville Sheriff’s Office, and the North Florida High Intensity Drug Trafficking Area Task Force, as part of the Special Operations Division Project Synergy. The Special Operations Division, along with the Narcotic and Dangerous Drug Section of the Department of Justice, coordinated Project Synergy to investigate and prosecute the leaders in the synthetic drug business, both domestically and internationally. The Office of International Affairs in the Justice Department’s Criminal Division also provided assistance. This case is being prosecuted by Assistant United States Attorney A. Tysen Duva.
Former Immigration Officer Charged with Conspiracy to Commit Visa FraudRead the Press Release
Jacksonville, Florida. – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Orange Park residents Paul Reynolds Friel, Jr. (47) and Marisol Del Carmen Rodriguez Chavarria (39) with conspiracy to commit visa fraud. Additionally, Friel has been charged with four separate counts of making a materially false statement. If convicted on all counts, Friel faces a maximum penalty of 25 years in federal prison. Rodriguez faces a maximum penalty of 5 years in prison.
According to the indictment, Friel was an officer with U.S. Citizenship and Immigration Services, which is part of the Department of Homeland Security. The indictment alleges that beginning in September 2007, he conspired with Rodriguez, a citizen of Nicaragua, for her to enter into a sham marriage with another man. That individual, Luis Aguilar, has been charged separately in another case. Friel allegedly conspired with Rodriguez and Aguilar to make false representations in applying for a visa that would enable Rodriguez to travel to the United States as Aguilar’s spouse. Friel paid for air travel for Aguilar and himself for the wedding of Aguilar to Rodriguez, which occurred in Nicaragua in January 2008. He also paid for Aguilar’s air travel to attend a visa interview in Nicaragua in November 2010, and for Rodriguez’s air travel to Florida in December 2010, after she was issued a visa. The indictment alleges that Friel assisted Rodriguez and Aguilar in filling out immigration forms, and that he loaned $3,500 to Aguilar in order to falsely portray Aguilar’s financial condition in an affidavit submitted to the State Department. Additionally, Friel coached Aguilar on what questions might be asked of him at the visa interview in order to detect relationship fraud. In December 2010, Rodriguez was issued a visa that enabled her to travel to the United States as Aguilar’s spouse. However, the indictment alleges that in or around March 2011, she moved in with Friel and that they had a romantic relationship. Subsequently, Rodriguez and Friel were married.
Friel is also charged with making materially false statements, including during a background investigation for a national security clearance. It is alleged that in December 2011, he failed to disclose his relationship with Rodriguez as his cohabitant, and failed to disclose his contact with her during the preceding seven years, as a foreign national, in connection with a background investigation done by the U.S. Department of Homeland Security and Office of Personnel Management. Rodriguez is a resident alien, not a U.S. citizen.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
On March 12, 2015, Friel and Rodriguez made their initial appearance before United States Magistrate Judge Patricia D. Barksdale. They were released on bond. An arraignment for Friel and Rodriguez has been scheduled for March 16 and 17, 2015, respectively.
This case was investigated by the U.S. Department of Homeland Security, Office of Inspector General, and the Jacksonville office of the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Dale Campion.
Minnesota Sex Offender Sentenced to More Than 31 Years for Traveling to Engage in Sexual Activity with A MinorRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Matthew William McLean (26, Minneapolis) to 31 years and 6 months in federal prison for attempting to transport a minor with the intent to engage in criminal sexual activity, and for committing a felony sex offense as a registered sex offender. He pleaded guilty on November 20, 2014.
According to court documents, McLean, a registered sex offender from Minnesota, traveled to Tampa to meet a 14-year-old minor with whom he had been corresponding with over the Internet. McLean picked the minor up from her house, brought her to the Greyhound bus station, and purchased two bus tickets to Brownsville, Texas. Upon discovering that the minor was missing, her family contacted law enforcement, who determined that McLean and the minor were on a Greyhound bus that had stopped in Tallahassee. Law enforcement officers recovered the minor victim and arrested McLean. McLean and the minor admitted that they had engaged in sex acts on the bus while traveling from Tampa to Tallahassee.
This case was investigated by the Hillsborough County Sheriff’s Office, the Tallahassee Police Department, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc
Palm Coast Man Arrested and Charged with Receiving and Possessing Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today the return of an indictment charging Gioacchino “Jack” Campo (56, Palm Coast) with two counts of receiving child pornography and one count of possessing child pornography. If convicted, he faces a mandatory minimum penalty of 5 years, up to a maximum of 20 years, in federal prison for each receipt count and up to 10 years in prison for the possession count. Campo was arrested at his home on March 9, 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 until, and unless, proven guilty.
This case was investigated by the Federal Bureau of Investigation, Jacksonville and Daytona Beach Offices. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.