Middle District of Florida
Press releases recorded for this federal judicial district.
Florida Home Health Care Company Agrees to Pay $1.1 Million to Resolve False Claims Act AllegationsRead the Press Release
WASHINGTON – Recovery Home Care Inc., Recovery Home Care Services Inc. (collectively Recovery Home Care) and National Home Care Holdings LLC have agreed to pay $1.1 million to resolve allegations that the Recovery Home Care entities violated the False Claims Act by improperly paying doctors for referrals of home health care services provided to Medicare patients, the Department of Justice announced today. The Recovery Home Care entities provide home health care services to Medicare beneficiaries and were purchased by National Home Care Holdings LLC in 2012, after the conduct addressed by the settlement occurred.
“Health care providers that attempt to profit by providing illegal inducements will be held accountable,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division. “We will continue to advocate for the appropriate use of Medicare funds and the proper care of our senior citizens.”
From 2009 through 2012, Recovery Home Care, headquartered in West Palm Beach, Florida, allegedly paid dozens of physicians thousands of dollars per month to perform patient chart reviews. According to the government’s lawsuit, the physicians were over-compensated for any actual work they performed and, in reality, payments to the physicians were used to induce them to refer their patients to Recovery Home Care, in violation of the Anti-Kickback Statute and the Stark Law.
“Inducements of this kind are designed to improperly influence a physician’s independent medical judgment,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida. “This lawsuit and today’s settlement attests to our office’s on-going commitment to safeguard federal health care program beneficiaries from the effects of such illegal conduct.”
The Anti-Kickback Statute and the Stark Law are intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives. The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by federal health care programs, including Medicare. The Stark Law forbids a home health care provider from billing Medicare for certain services referred by physicians who have a financial relationship with the entity.
The settlement partially resolves allegations made in a lawsuit filed in federal court in Tampa, Florida, by Gregory Simony, a former employee of Recovery Home Care. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The act also allows the government to intervene and take over the action, as it did in part in this case. Simony will receive $198,000 of the recovered funds. The government continues to litigate this case against Recovery Home Care’s previous owner, Mark Conklin.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $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 effort by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Middle District of Florida and HHS-OIG.
The case is captioned United States ex rel. Simony v. Recovery Home Care, et al., Case No. 8-12-cv-2495-T-36TBM (M.D. Fla.). The claims resolved by the settlement are allegations only and there has been no determination of liability.
“Queen of Tax Fraud” Resentenced to 21 Years in PrisonRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody yesterday sentenced Rashia Wilson (29, formerly of Wimauma) to 21 years in federal prison for wire fraud, aggravated identity theft, and being a felon in possession of firearms. The Court also ordered her to forfeit $2,240,096.39, which constitutes the proceeds traceable to the offense.
Wilson pleaded guilty to the felon-in-possession charge in on December 6, 2012, and later to the wire fraud and aggravated identity theft counts pursuant to a plea agreement on April 3, 2013. She was initially sentenced on July 16, 2013, after which she appealed. The Eleventh Circuit Court of Appeals granted her a re-sentencing following the appeal.
According to court documents, from at least April 2009, through September 2012, Wilson and her co-conspirator, Maurice J. Larry, engaged in a scheme to defraud the Internal Revenue Service (IRS) by negotiating fraudulently obtained tax refunds. They did so by receiving U.S. Treasury checks and pre-paid debit cards that were loaded with proceeds derived from filing false and fraudulent federal income tax returns in other individuals' names, without their permission or knowledge. Wilson and Larry filed these tax returns from multiple locations, including Wilson's residence and hotels in the Tampa area. Wilson, Larry, and others then used these fraudulently obtained tax refunds to make hundreds of thousands of dollars of retail purchases, to purchase money orders, and to withdraw cash.
During the course of the investigation, agents searched Wilson's residence and Larry's storage unit, where they recovered thousands of names and social security numbers found in ledgers, and on various other records, including medical billing records. Agents also found high-end accessories, jewelry, and a handgun in Wilson's home. Further, additional reloadable debit cards loaded with fraudulent tax refunds were found in both locations.
Law enforcement also discovered that Wilson, who referred to herself as the "First Lady" and "Queen of Tax Fraud," had spent $30,000 on her daughter's first birthday party and had purchased a 2013 Audi valued at approximately $90,000, both of which had been funded by the proceeds of the tax fraud scheme. The government seized this vehicle and other items during the course of the investigation. The IRS estimates that the actual loss from Wilson and Larry's scheme is at least $3,147,477, and the intended loss was in excess of $11 million.
This case was investigated by the Internal Revenue Service - Criminal Investigation, the United States Secret Service, the United States Postal Inspection Service, the Tampa Police Department, and the Hillsborough County Sheriff's Office. It was prosecuted by Assistant United States Attorneys Amanda L. Riedel and Sara C. Sweeney. The appeal was handled by Assistant United States Attorney Peter J. Sholl.
Orlando Man Sentenced to Five Years in Federal Prison for Firearm OffensesRead the Press Release
Orlando, Florida – Chief U.S. District Judge Anne C. Conway has sentenced Anthony Kenty Soto-Lopes (34, Orlando) to five years in federal prison for possessing an unregistered machinegun, silencer, and short barreled rifle, and for being a felon in possession of a firearm. The Court also ordered him to forfeit five Glock pistols that law enforcement recovered from his residence during the investigation. Soto-Lopes pleaded guilty on December 19, 2014.
According to court documents, on September 4, 2014, in Orlando, Florida, Soto-Lopes purchased four Glock pistols, a Glock machinegun, a silencer, and four devices designed for converting firearms into fully automatic weapons from an undercover agent and a confidential informant. As Soto-Lopes presented payment ($4,955) for these firearms, agents arrested him and recovered all of the firearms that he had purchased. After his arrest, Soto-Lopes admitted to agents that he had illegally shipped firearms and weapons from Florida to Puerto Rico using mail or commercial carriers, including the shipment of a grenade launcher. During a subsequent search of Soto-Lopes’s residence, agents recovered numerous other firearms and ammunition, including five Glock pistols and a short-barreled rifle.
Under federal law, Soto-Lopes was prohibited from possessing a firearm or ammunition because of a previous felony conviction in Puerto Rico. Neither the silencer, the machinegun, conversion devices, nor the short-barreled rifle were registered to Soto-Lopes in the National Firearms Registration and Transfer Record, as required by federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). It was 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.
Lake City Man Pleads Guilty to Federal Charge of Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced that Samuel Franklin Crews (32, Lake City) today pleaded guilty to receiving child pornography over the Internet. He faces a mandatory minimum penalty of five years, up to 20 years, in federal prison, and a potential life term of supervised release. Crews was arrested on December 31, 2013, in Lake City and has been in federal custody since that time. A sentencing hearing has not yet been set.
According to court documents, an agent with the Federal Bureau of Investigation in Jacksonville began an undercover investigation to identify individuals in that area who had access to and/or were trading images and videos depicting child pornography over the Internet. The agent determined that a computer in the Lake City area was hosting images of child pornography using a peer-to-peer file sharing program and was able to download several videos depicting child pornography from this computer. Information from the Internet service provider traced the subscriber information to Crews’s Lake City residence.
On June 5, 2013, law enforcement executed a federal search warrant at Crews=s residence and seized his computer. Crews told the agents, among other things, that he had come across child pornography using a file sharing program on the Internet and became “curious,” searched for and downloaded more child pornography using certain search terms, and knew that viewing such material is harmful to children. A subsequent analysis of Crews’s computer revealed that it contained 124 images and 10 videos depicting the sexual abuse of minor children.
This case was investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Columbia County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Woman Pleads Guilty to Conspiracy to Defraud the United States and Aggravated Identity TheftRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Laura Butler (40, Jacksonville) has pleaded guilty to conspiracy to defraud the United States and one count of aggravated identity theft. She faces a maximum penalty of seven years in federal prison, with a two-year mandatory minimum term of imprisonment.
Butler was indicted on September 10, 2014. Her co-defendant, Cherica Daniels, pleaded guilty to the same charges on February 25, 2015.
According to the plea agreement, Butler worked at Blue Cross Blue Shield of Florida in 2011, where she had access to subscribers’ personal identifying information. During her employment, she accessed several subscribers’ identities and later used them to complete false and fraudulent federal income tax returns.
The case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.
Convicted Sex Offender Sentenced to 20 Years for Possession of Child PornographyRead the Press Release
Orlando, FL – Chief United States District Judge Anne C. Conway yesterday sentenced Jesse Ausbin Brown (62, Orlando) to 20 years in federal prison for possession of child pornography, followed by a life term of supervised release. Brown pleaded guilty on October 23, 2014.
According to court documents, on September 20, 2012, the Winter Garden Police Department received a complaint regarding a man, later identified as Brown, who was attempting to lure young children into his car. Officers later pulled Brown over while he was driving and discovered that, in May of 1992, he had been convicted in the Western District of South Dakota for sexually abusing two children, and sentenced to almost 20 years in prison. Upon his release from prison, Brown completed his term of supervised release and moved from South Dakota to Winter Garden, Florida. Although he was required by law to register as a sex offender upon moving to Florida, he failed to do so. Officers then arrested Brown and he was later convicted in federal court of failure to register as a sex offender.
After Brown’s arrest, his car was sold on December 2, 2012. While cleaning out the car, the purchaser found a smartphone that contained images of child pornography. Subsequent examination of the phone revealed that numerous images of child pornography had been saved to the phone, some with a receipt date of September 5, 2012. Brown later admitted to authorities that he had downloaded the child pornography onto his phone and hidden it in the trunk of the car.
This case was investigated by the Winter Garden Police Department, the Federal Bureau of Investigation, the U.S. Marshals Service, and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Joseph M. Schuster.
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.
Clearwater Woman Pleads Guilty to Aggravated Identity Theft Relating to Fraudulent Tax ReturnsRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Makaeia Demps has pleaded guilty to aggravated identity theft. She faces a mandatory penalty of two years in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, in late 2011, Clearwater Police arrested Demps. In her possession, they found two debit cards, each of which contained funds that were the results of fraudulently filed income tax returns. They also found her to be in possession of a piece of paper with the names and personal information of two other individuals. Further investigation by the Internal Revenue Service connected the use of the debit cards to a number of transactions involving Demps, including the purchase of a vehicle in October 2011. It also revealed that the amount of fraudulent income tax refunds connected directly to Demps via those identities and debit cards she controlled was approximately $74,000.
This case was investigated by the Internal Revenue Service-Criminal Investigation, with assistance from the Clearwater Police Department. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Tampa Crack Cocaine Trafficker Sentenced to PrisonRead the Press Release
Tampa, FL – U.S. District Judge James S. Moody, Jr. today sentenced Lamar “Budda” Wilson (33) to 10 years in federal prison for possessing with the intent to distribute 28 grams or more of cocaine base, commonly known as “crack.” He pleaded guilty on November 14, 2014.
According to court documents, Wilson arranged to sell an ounce of crack cocaine to a DEA confidential informant (CI). On September 23, 2013, Wilson met the CI at a location in Hillsborough County, where he was paid $1,050 for an ounce of crack cocaine.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Shauna S. Hale.
St. Petersburg Cocaine Trafficker Sentenced to PrisonRead the Press Release
Tampa, FL – U.S. District Judge Steven D. Merryday has sentenced Octavius R. Henderson (35, St. Petersburg) to 20 years in federal prison for conspiring with others to possess with the intent to distribute 5 kilograms or more of cocaine. He pleaded guilty on December 16, 2014.
According to court documents, Henderson and others were involved in a years-long drug conspiracy that was responsible for the distribution of at least 149 kilograms of cocaine in St. Petersburg. During a search of a St. Petersburg residence used by Henderson and others as a “stash house” for narcotics and money, agents located digital scales, mixing agents, containers with cocaine residue, and a “kilo” press. Agents also located 850 grams of cocaine and $71,930 in U.S. currency inside the stash house.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Shauna S. Hale. This case results from an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
Italian Shipping Company Fined $2.75M for Environmental CrimesRead the Press Release
WASHINGTON – Carbofin S.p.A., an Italian domiciled company that owned and operated the M/T Marigola was sentenced to pay an overall criminal penalty of $2.75M by the Honorable Virginia M. Hernandez Covington for knowingly falsifying the vessel’s oil record book in violation of the Act to Prevent Pollution from Ships (APPS), announced the Department of Justice Environment and Natural Resources Division and the United States Attorney’s Office for the Middle District of Florida.
Out of the $2.75M criminal penalty, $600,000.00 will be paid to the National Marine Sanctuary Foundation for the benefit of Florida’s only national marine sanctuary: the Florida Keys National Marine Sanctuary. The funds are to be used to support the protection and preservation of natural resources located in and adjacent to the sanctuary, including the cleanup and remediation of pollution in the sanctuary; restoration of injured resources, particularly coral reefs and seagrass beds and species dependent on those habitats. The funds will also support scientific research in, and public education about, the Florida Keys National Marine Sanctuary
During 2013 and 2014, on numerous international voyages, senior members of the crew of the M/T Marigola directed the installation and use of a so-called “magic hose” to dispose of sludge, waste oil and oil-contaminated bilge water directly into the sea bypassing required pollution prevention equipment. On April 16, 2014, the vessel called upon the Port of Tampa to load anhydrous ammonia. Coast Guard inspectors boarded the vessel and were approached by two junior engineering crew members who showed the inspectors a video of the “magic pipe” hooked up between piping leading to the bilge tank and the vessel’s boiler blow down valve. The boiler blow down valve is a discharge point for the boiler to release hot water and steam. The inspectors had the valve removed and an oily black substance was discovered. Oil samples taken from the “magic hose”, the bilge piping and the boiler blow down valve matched. The Chief Engineer, Carmelo Giano, and the Second Engineer, Alessandro Messore, had previously pleaded guilty and were sentenced for their role in ordering the use of the “magic hose” to illegally discharge oily waste into the sea.
"We are extremely grateful to the U.S. Department of Justice in supporting the work of the National Marine Sanctuary Foundation on behalf of the nation's marine sanctuaries, including here at the Florida Keys National Marine Sanctuary," said Jason Patlis, President and CEO of the National Marine Sanctuary Foundation. "These funds will go to critical education, research and restoration activities, including deployment of mooring buoys, coral reef restoration, and study and mitigation of invasive species impacts."
"Marine environmental protection is one of the Coast Guard's primary missions," said Capt. Gregory Case, Captain of the Port at Sector St. Petersburg. "The Coast Guard takes marine pollution seriously and works cohesively with our partner agencies to hold those who violate international law accountable for their actions. We anticipate the results of this case will deter future illegal oil discharges into the sea."
Consistent with requirements in the APPS regulations, a vessel like the M/T Marigola, must maintain a record known as an oil record book in which transfer and disposal of all oil-contaminated waste and the discharge overboard and disposal otherwise of such waste, must be fully and accurately recorded by the person or persons in charge of the operations. Oil-contaminated bilge waste can be discharged overboard if it is processed through on-board pollution prevention equipment known as the oily water separator (OWS). Waste oil and sludge can only be disposed of using an on-board incinerator or by discharging the waste to a shore-side facility, barge or tanker truck. Giano and Messore falsified the oil record book by not recording that oily waste was being disposed of through the boiler blow down valve.
During the course of the investigation, it was revealed that the oil record book for the M/T Marigola was falsified since at least June 16, 2013. The investigation also revealed that illegal oily waste discharges had occurred from two other vessels owned and operated by Carbofin, the M/T’s Marola and Solaro. On the M/T Marola, a “magic hose” was used between on or about December 2012 and April 2013 and on the M/T Solaro between on or about February to August 2013.
The case was investigated by U.S. Coast Guard Sector St. Petersburg and the U.S. Coast Guard Investigative Service. The case was prosecuted by Kenneth E. Nelson of the Environmental Crimes Section of the Department of Justice and Matthew Mueller of the U.S. Attorney’s Office for the Middle District of Florida.
Worship Minister Pleads Guilty to Receipt of Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Mark Daniel DeHaven (33, Winter Garden) has pleaded guilty to one count of receipt of child pornography. He faces a mandatory minimum of five, up to 20 years, in federal prison. His sentencing hearing is scheduled for May 21, 2015. DeHaven was arrested and made his initial appearance in federal court on October 30, 2014.
According to the plea agreement, on April 8, 2014, the Winter Garden Police Department received a report from the Seminole County Sheriff’s Office about a cyber-crime tip from the National Center for Missing and Exploited Children. The tip concerned child pornography that was being sent or attempting to be sent over the Internet. Further investigation traced the information to DeHaven’s residence. On June 10, 2014, law enforcement executed a search warrant at DeHaven’s residence and seized several computers and electronic media. Forensic analyses of the equipment revealed that DeHaven had received images depicting children engaging in sexually explicit conduct. During the change of plea hearing, DeHaven acknowledged that, prior to his arrest, he was leading worship for a church.
This case was investigated by the Federal Bureau of Investigation and the Winter Garden Police Department. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
U.S. Navy Veteran Sentenced to More Than Seven Years for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Richard Dale Brooks (55, Cocoa) to 7 years and 11 months in federal prison on five counts of receiving child pornography over the Internet, and one count of possessing child pornography. The Court also ordered him to forfeit a computer that he had used in the commission of the offenses.
A federal jury found Brooks guilty, after a three-day trial, on June 5, 2014.
At trial, the government presented evidence that law enforcement had identified Richard Dale Brooks while investigating individuals sharing child pornography via a peer-to-peer file-sharing program in May 2012. Law enforcement obtained a search warrant for Brooks’s Jacksonville residence and discovered several computers containing child pornography. Specifically, agents discovered that Brooks had received at least 49 still images and 78 video files of child pornography, including depictions of prepubescent minors and child pornography material portraying sadistic and masochistic conduct, and depictions of violence.
According to court documents, Brooks requested a sentence of 60 months’ imprisonment, the lowest available sentence under the law, in light of his 20-year military career and his lack of criminal history.
The case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations and the Jacksonville Sheriff's Office. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
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.
St. Johns County Employee Pleads Guilty to ExtortionRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Will Randy Rogers (64, St. Augustine) pleaded guilty yesterday to extortion. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, in August 2013, a St. Johns County businessman notified the Federal Bureau of Investigation that Rogers, then a construction inspector employed by St. Johns County, had been extorting money from him in connection with Rogers’s inspections of his various businesses, which shipped products out of the State of Florida. According to the businessman, Rogers harassed him by threatening to report non-existent code violations that, if reported, would have had a negative financial impact on the businesses. Prior to reporting Rogers’s conduct, the businessman had already paid Rogers $1,500. Thereafter, he recorded several conversations with Rogers, and between July 2013 and April 2014, made payments to Rogers totaling $6,000. When meeting with the businessman, Rogers often drove his St. Johns County issued vehicle.
On April 1, 2014, after Rogers took $2,000 from the businessman in order to not report alleged code violations, FBI agents stopped Rogers in his county vehicle and recovered the cash.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Julie Hackenberry.
Orange County Man Sentenced to Twelve Years in Prison for Attempting to Entice Minors to Engage in Sexual ActivityRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Jonathan S. Bergeron (30, Orlando) to 12 years in prison for attempting to persuade, induce, and entice two minors he believed to be 12 and 8 years of age to engage in illicit sexual conduct. He pleaded guilty on October 13, 2014.
According to the plea agreement, on July 9, 2014, Bergeron contacted an undercover FBI agent online who was posing as the father of two minors. Over the course of several days, Bergeron solicited sex with the children and said that he was using a website centered on incest to “navigate his way to more locals with young daughters.” Bergeron indicated that he wanted to network with like-minded individuals, and make having sex with children a recurrent event in his life.
On July 10, 2014, Bergeron traveled from Orlando to Lake Mary, where he intended to meet with the minors for the purpose of engaging in illicit sexual conduct. He was subsequently arrested.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United State Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Fort Myers Man Sentenced to 20 Years for Possession of Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell yesterday sentenced Brian Robert Harling (58, Fort Myers) to 20 years in federal prison for possession of child pornography. The Court also ordered him to forfeit five thumb drives that he had used to store his collection of child pornography.
Harling was found guilty by a federal jury on December 3, 2014.
According to the testimony presented at trial, on July 4, 2013, a new tenant discovered three thumb drives belonging to Harling that had fallen from molding inside of a closet, at a condo where Harling previously had lived. Harling had moved from the condo on July 1, 2013. The tenant and her mother discovered child pornography on the thumb drives and contacted the police. On July 4, 2013, a Fort Myers Police officer met with the tenant to retrieve the located thumb drives, and located two additional thumb drives that had also been concealed on the ledge of the molding inside the closet. Ultimately, the police located approximately 3,000 images and approximately 35 videos depicting child pornography on these thumb drives.
"Unfortunately, every time a photo or a video of an innocent child being sexually exploited is viewed, that victim is violated again,” said Susan L. McCormick, special agent in charge of HSI Tampa. “We owe it to the children affected by these cases to work tirelessly to seek out these predators and ultimately bring them to justice.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Fort Myers Police Department, with assistance from the Florida Department of Law Enforcement, and the Cape Coral Police Department. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
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.
Charlotte County Man Sentenced for False Tax Claims and Obstructing the Internal Revenue ServiceRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Armand J. Croteau (47, Punta Gorda) to 27 months in federal prison for filing false claims with the Internal Revenue Service and for corruptly obstructing or impeding the administration of the Internal Revenue Laws. Croteau pleaded guilty on July 2, 2014.
According to court documents, Croteau filed numerous false claims for tax years 2005 through 2009, seeking refunds totaling $1,918,118.88. He utilized the “1099-OID” (Original Issue Discount) anti-tax scheme to present fraudulent Forms 1040 and 1040X to the Internal Revenue Service (IRS), reporting excess withholding that was fabricated by him. He also made false reports on Forms 1099-OID and on the tax returns.
After being notified by the IRS that his income tax returns were frivolous, Croteau continued to file fraudulent income tax returns, and in order to obstruct or impede the administration of the internal revenue laws, he filed false liens against IRS personnel, recorded false documents with the Charlotte County Clerk of Courts, and submitted fraudulent instruments to the Department of the Treasury in an attempt to discharge his tax liabilities.
This case was investigated by the Internal Revenue Service - Criminal Investigation and the Treasury Inspector General for Tax Administration. It was prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Naples Businessman and Wife Indicted for Structuring and Bankruptcy FraudRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Naples residents Sydney Jackson Williams, Jr. (66) and his wife, Lorie Ann Williams (48), with conspiracy to evade transaction reporting requirements and structuring cash withdrawals. Additionally, the indictment charges Sydney Williams with concealing property belonging to his bankruptcy estate and making a false declaration in relation to his bankruptcy proceedings. If convicted on all counts, Sydney Williams faces a maximum penalty of 20 years in federal prison, and Lorie Williams faces a maximum of 10 years’ imprisonment. The indictment also notifies the couple that the United States intends to forfeit $332,500, which is alleged to be traceable to proceeds of the offenses.
According to the indictment, from March 3, 2010, through April 22, 2010, Sydney and Lorie Williams conspired with each other to knowingly structure, assist in structuring, and attempt to structure withdrawals from a bank. The purpose of the structuring was to evade bank reporting requirements for currency transactions in excess of $10,000. As part of the conspiracy, Lorie Williams opened a checking account at a bank and wrote checks made payable to cash, each in the amount of $9,500. The couple then made 35 withdrawals by cashing the $9,500 checks, totaling $332,500.
The indictment also alleges that on September 30, 2010, Sydney Williams filed a Chapter 11 bankruptcy petition with the United States Bankruptcy Court in the Middle District of Florida. On October 27, 2010, he signed, under penalty of perjury, and filed his Schedules and Statement of Financial Affairs in connection with his bankruptcy petition. In his bankruptcy proceedings, Sydney Williams concealed from the Chapter 11 Trustee and the creditors, property belonging to his estate, specifically, a safe deposit box held at a bank.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorneys Yolande G. Viacava and Charles D. Schmitz.
Former Fund Coordinator Charged with Theft from Union FundRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging John Francis Songer (44, DeBary) with eight felony counts of theft from an employee benefit plan. If convicted, he faces a maximum penalty of five years in federal prison on each count.
According to the indictment, Songer was the Apprenticeship Administrator and Coordinator of the Joint Apprenticeship Training Committee and Trust Fund for the Sheet Metal Workers’ Local Union No. 15. Over an almost six-year period, Songer used a credit card belonging to the Fund to make more than $50,000 in unauthorized charges. The credit card bill was paid by checks written on the Fund’s bank account. Songer’s unauthorized charges included personal expenditures for adult entertainment, restaurants, and gambling. He also incurred charges for travel-related items that the Fund was not obligated to pay.
An indictment is merely a formal charge that a defendant has violated one or more of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA), with assistance from the United States Marshals Service. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Convicted Child Sex Offender Sentenced to Life in Prison for Producing Child PornographyRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan today sentenced Christopher Richard Cloonan (45, Jacksonville) to life in federal prison for using a minor child to produce images depicting child pornography. The Court also ordered Cloonan to serve a life term of supervised release and to forfeit his electronic media. Cloonan is a registered child sex offender, having been previously convicted of attempted sexual battery on a 6-year old child on November 18, 1991, in Charlotte County, Florida. He was arrested on March 12, 2014, and has remained in custody since that time.
According to court documents, in March 2014, an undercover officer in Washington, D.C. (the “UC”) posted an advertisement on an online website frequented by individuals who have a sexual interest in children. Cloonan responded to the ad and expressed interest and experience in sexual activity with a child. On March 11, 2014, while discussing sexual activity with children, Cloonan sent an email to the UC that read, “Yes…. It would be awesome to share together with like minded man, would be more awesome to see and share in person but there is WAY WAY to much hatred against too risk it. I am legit but cautious….”
On March 11, 2014, at 6:57 p.m., Cloonan sent the UC an email that indicated that he was alone with an infant child. Attached to the email were two images. Both images were produced by Cloonan and depicted an infant engaged in sexually explicit conduct. At 7:07 p.m., Cloonan sent the UC an email containing two additional images that depicted the same infant. Within hours, the FBI was able to identify the Internet protocol (IP) address used to send the images, and traced the Internet account to Cloonan.
On March 12, 2014, Cloonan and the UC continued their online communications. In several different emails, Cloonan discussed his fantasies about sex with children. He stated that “Society is coming down so hard on ‘child molesters’ etc now, we are in danger everyday as lovers of children are not seen as different from those who hurt and kill them.”
Later that day, FBI agents and detectives from the Jacksonville Sheriff’s Office executed a search warrant at Cloonan’s residence. Cloonan exited the residence holding his smart phone, and was placed under arrest.
Subsequent forensic analyses of Cloonan’s phone revealed that it contained at least 85 images of child pornography, most depicting infants and toddlers. Two of the images of the infant that were taken by Cloonan and sent to the UC were also present on the smart phone.
This case was investigated by the Federal Bureau of Investigation in Jacksonville, Washington, D.C., and Quantico, Virginia, the Jacksonville Sheriff’s Office, and the District of Columbia Metropolitan Police Department. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Colombian Man Sentenced to More Than Eleven Years for His Role in Cocaine Importation ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Richard Mosquera Mosquera (44, Colombia, South America) to 11 years and 3 months in federal prison for conspiring with others to distribute five kilograms or more of cocaine, knowing and intending that it would be unlawfully imported into the United States. He pleaded guilty on November 25, 2014.
According to court documents, on multiple occasions between 2009 and 2012, Mosquera worked with his co-defendant, Anderson Bryan Lever, and others to smuggle cocaine. Lever dispatched cocaine-laden vessels from San Andres Island, Colombia and Mosquera received them in Honduras. On each occasion, Mosquera received the cocaine and provided bales of United States currency (containing as much as $500,000 each) to the mariners who had just smuggled the cocaine. The mariners then smuggled the money back to San Andres Island, and Mosquera transferred the cocaine to others for eventual unlawful importation into the United States.
Mosquera was arrested in Colombia and subsequently extradited to the United States.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the Federal Bureau of Investigation, the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Drug Enforcement Administration, the United States Coast Guard Investigative Service, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF Program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case was prosecuted by Assistant United States Attorney Christopher F. Murray.
Armed Methamphetamine Dealer Sentenced to More Than 13 YearsRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell today sentenced Carlos Sanchez (29, Lakeland) to 13 years and 4 months in federal prison for possessing with intent to distribute 50 grams or more of methamphetamine, possessing a firearm and ammunition as a previously convicted felon, and possessing a firearm in furtherance of a drug trafficking crime. He pleaded guilty on December 1, 2014.
According to court documents, on March 9, 2014, officers from the Lakeland Police Department (LPD) were dispatched to the Best Motel in Lakeland, where Sanchez had reportedly pointed a firearm at someone. After making contact with Sanchez, an LPD canine alerted to an odor of narcotics on the exterior of his car. A subsequent search of the vehicle yielded a loaded Smith and Wesson .357 caliber revolver and more than 134 grams of crystal methamphetamine. Sanchez was previously convicted of multiple felonies in Polk County. As a convicted felon, he is prohibited from possessing firearms and ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Lakeland Police Department. It is being prosecuted by Assistant United States Attorney Christopher F. Murray. It is another example of ATF’s Frontline strategy to reduce violent crimes in communities.
Jacksonville Woman Pleads Guilty to Conspiracy to Defraud the United States and Aggravated Identity TheftRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Cherica Daniels has pleaded guilty to conspiracy to defraud the United States and aggravated identity theft. She faces a maximum penalty of seven years in federal prison. A sentencing date has not yet been set. Daniels was indicted on September 10, 2014.
According to the plea agreement, Daniels participated in a scheme to prepare and file false and fraudulent tax returns, using the identities and social security numbers of others without their permission. Agents found Daniels in possession of personal identifying information of more than 200 individuals.
The case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.
Citrus County Convicted Felon Pleads Guilty to Possession of 140 Firearms and ExplosivesRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces that Michael Paul Watkins (41, Citrus Springs) today pleaded guilty to possessing firearms and ammunition as a previously convicted felon. He faces a maximum penalty of 10 years in federal prison. A sentencing hearing has not yet been set.
According to court documents, Watkins was previously convicted in state court for felony offenses, including the handling and fondling of a child under the age of 16 and two escapes. As a convicted felon, he is prohibited from possessing firearms and ammunition under federal law.
In October 2014, law enforcement officers received information that Watkins had been using a third party to illegally acquire firearms and ammunition. On October 21, 2014, agents executed search warrants at his home, business, and nearby property, recovering 140 firearms, including multiple AK-47 style rifles, and thousands of rounds of ammunition. Agents also located several fully assembled pipe bombs and the components to manufacture additional ones.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Citrus County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Regina Lombardo, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to combat violent crime in our communities.
Major Marijuana Trafficker Sentenced to More Than 10 YearsRead the Press Release
Tampa, Florida – U.S. District Judge James Moody today sentenced Aaron Edwin Remaley (39, Riverview) to 10 years and 1 month in federal prison for conspiring to distribute and possessing with intent to distribute 100 kilograms or more of marijuana. As part of his sentence, the Court also entered a money judgment in the amount of $284,250, representing part of the proceeds of the charged criminal conduct. Remaley pleaded guilty on August 26, 2014.
According to court documents, Remaley conspired with a group of associates to ship thousands of pounds of marijuana via UPS from the Texas border to Sarasota, Hillsborough, and Polk Counties. Evidence presented at his sentencing hearing revealed that in 2014, he had arranged for the shipment of at least 1,860 pounds of marijuana and funneled at least $927,000 of related drug proceeds back to his suppliers in Texas.
This case was investigated by the Drug Enforcement Administration, the Sarasota County Sheriff’s Office, the Florida Department of Law Enforcement, the Hillsborough County Sheriff’s Office, and the Polk County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Patrick Scruggs.
Sanford Man Charged for Circle K RobberyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the arrest and charge by a federal complaint of Dontreaun Alexander (24, Sanford) with interference of interstate commerce by robbery. If convicted, he faces a maximum penalty of 20 years in federal prison.
According to the complaint, on December 28, 2014, Alexander and Brandon Maurice Long committed an armed robbery of the Circle K store located at 7530 Forest City Road in Orlando. Long was apprehended on the night of the robbery. He was indicted on February 4, 2015. Alexander fled the scene and was later arrested on February 23, 2015.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sherriff’s Office. It will be prosecuted by Assistant United States Attorneys Vincent Chiu and Kara M. Wick.
Nassau County Man Sentenced to More Than 19 Years in Prison for Producing and Receiving Child PornographyRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced John Dewey Todd (61, Fernandina Beach) to 19 years and 7 months in federal prison for producing and receiving child pornography over the Internet. The Court also ordered him to serve a 10-year term of supervision upon his release from prison and to register as a sex offender. Todd pleaded guilty to the offenses on September 25, 2014.
According to court documents, law enforcement agents executed a federal search warrant at Todd’s residence in Fernandina Beach on November 15, 2013, during which they recovered several electronic devices. In an interview with agents, Todd admitted to having “child pornography” on his computers. He further admitted to collecting child pornography for a “couple of years.” At sentencing, evidence was presented showing that Todd had been collecting child pornography for 15 years.
Fifty-one media discs were found hidden in Todd’s attic containing at least 12,000 files of child pornography, including 550 videos and 11,500 still images. An additional 4,000 files of child pornography were found on other media. Todd’s collection included videos depicting thousands of instances of minors engaged in sexually explicit conduct, depictions of bondage, sadistic and masochistic conduct, and other portrayals of violence. Police also found five thumb drives in a jacket pocket hanging in Todd’s closet. Upon examination of the thumb drives, agents discovered four self-produced videos made by Todd, in which he secretly recorded the genitalia of prepubescent girls using the bathroom in his home.
"This sentencing underscores the severity of crimes against our children," said Susan L. McCormick, special agent in charge of HSI Tampa. "HSI will continue to direct our vast resources toward protecting the most vulnerable in our society."
This case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations and the Jacksonville Sheriff's Office, with assistance from the Nassau County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
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.projectsafechildhood.gov. For more information about internet safety education, please visit www.projectsafechildhood.gov and click on the tab "other resources."
Miami Resident Pleads Guilty in Mortgage Fraud SchemeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Enrique Hernandez (34, Miami) today pleaded guilty to conspiracy to commit bank and mail fraud. He faces a maximum penalty of 30 years in federal prison. As part of the plea, Hernandez has agreed to make full restitution in the amount of $899,700, the approximate losses resulting from his role in the conspiracy.
According to the plea agreement and court proceedings, Hernandez participated in a mortgage fraud conspiracy in which some conspirators entered into agreements to purchase properties for amounts in excess of the original asking price. The conspirators then inserted false and fraudulent information about the various conspirator-purchasers on mortgage loan applications, or Fannie Mae Form 1003s, that were submitted in support of the loan requests. Upon closing each sale, the conspirators would use a portion of the inflated loan proceeds to pay the seller the original asking price for the property. The remaining excess funds, the amount between the original asking price and the inflated mortgage loan amount, were then shared amongst the conspirators. The purchased properties were subsequently allowed to fall into foreclosure.
Hernandez obtained $108,724 in proceeds for his participation in the scheme.
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 Assistant United States Attorney Jay G. Trezevant and Special Assistant United States Attorney Chris Poor.
Jacksonville Tax Return Preparer Pleads Guilty to Tax FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Fuada Delic (32, Jacksonville) today pleaded guilty to aiding and assisting in the filing of a false tax return. He faces a maximum penalty of three years in federal prison. As part of the plea, Delic has agreed to make full restitution to the Internal Revenue Service for the tax loss arising from the 43 counts charged against her in the original indictment.
Delic was indicted on December 19, 2013.
According to the plea agreement, Delic was the owner, operator, and sole tax preparer at Delica’s Tax Service, a company which offered tax return preparation services. On February 6, 2009, she prepared a Form 1040 on which she represented that the taxpayer had made charitable contributions in the total amount of $14,220. She also represented that the taxpayer had incurred $1,820 in education expenses for which he was entitled to an education credit of $1,510. When Delic prepared the return, she knew that the taxpayer had not made the claimed charitable contributions or incurred the claimed education expenses. Delic submitted the return to the IRS, which issued a refund in the amount of $3,323. Without the false statements, the taxpayer would have been entitled to a refund of $808. Delic was an experienced tax return preparer and knew that making such false statements on a return was against the law.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Former Deputy Indicted for Civil Rights Violations and Obstruction of JusticeRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Michael J. Ronga (43, Cape Coral) with deprivation of civil rights and obstruction of justice. If convicted, he faces a maximum penalty of 10 years in federal prison for the civil rights charge and up to 20 years in federal prison for the obstruction of justice charge.
The indictment alleges that on May 5, 2013, while working as a deputy sheriff with the Lee County Sheriff’s Office, Ronga assaulted “R.L.C.” causing bodily injury, and also took money and a cellphone from “R.L.C.” Ronga also allegedly lied to law enforcement about his interactions with “R.L.C.” on that day.
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 Lee County Sheriff’s Office and the Federal Bureau of Investigation. It will be prosecuted by Special Assistant United States Attorney Amira D. Fox and Chief Assistant United States Attorney Jesus M. Casas.
Former Art Gallery Employee Sentenced to Two Years for Embezzling More Than $1 MillionRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Jeffery Hall (48, Maitland) to two years in federal prison for mail fraud. He was also sentenced to serve three years of supervised release, and will be ordered to pay restitution in an amount to be determined at a later proceeding. Hall pleaded guilty on November 25, 2014.
According to court documents, Hall worked at a local art gallery that also had locations outside of Florida. Over a two-year period, he used his position at the gallery to embezzle more than $1 million. Hall did this by diverting proceeds from the sale of artwork to his own personal bank accounts, or to a business account that belonged to him. He also used the gallery’s artwork as loan collateral for himself and sold some of the artwork on eBay.
This case was investigated by Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
Trio Sentenced to Federal Prison for Credit Card FraudRead the Press Release
Orlando, Florida – U.S. Chief District Judge Anne C. Conway yesterday sentenced Ruben Mangual-Aquino (33, Orlando) to 48 months in federal prison for conspiracy to traffic in counterfeit access devices (credit cards), possession of device-making equipment, producing and using counterfeit access devices, possession of 15 or more counterfeit access devices, and aggravated identity theft. Co-defendant Yahima Carballosa (33, Orlando) was sentenced to 51 months in federal prison for the same offenses. A third co-defendant, Bernard Cordero-Perez (27, Kissimmee), was sentenced to 18 months in federal prison for participating in the conspiracy and for possession of device-making equipment. The Court also ordered the defendants to forfeit computer equipment and cell phones that had been used to commit the offenses. In addition, they were ordered to pay $44,629.23 in restitution to the victims of the crimes.
Mangual-Aquino and Carballosa pleaded guilty on October 29, 2014, and Cordero-Perez pleaded guilty on October 15, 2014.
According to court documents, Cordero-Perez worked as a housekeeper at a hotel in Orlando, Florida. Mangual-Aquino gave Cordero a hand-held skimming device to steal hotel guests’ credit card account information. On several separate occasions while at work, Cordero-Perez took guests’ credit cards from purses, wallets and backpacks that he found in their rooms, and then ran those cards through the skimmer. After skimming the guests’ credit card account information, he gave the skimmer to Mangual-Aquino, who downloaded the credit card account information into a computer at his home. Mangual-Aquino and Carbalossa then encoded credit cards with the stolen credit card account information to create counterfeit cards. Mangual-Aquino and Carbalossa used the counterfeit cards to buy gift cards at local area retail stores, and then used the gift cards to purchase merchandise. Mangual-Aquino gave Cordero-Perez fraudulently purchased gift cards as his payment for his participation in the conspiracy.
This case was investigated by the United States Secret Service and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Three Pasco and Lake County Residents Arrested with Twenty Pounds of MethamphetamineRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the arrest and charge by a federal complaint of Shawn Paul Hendricks (41, Dade City); Vladimir Castaneda (26) and Jose Edgar Gonzalez-Castaneda (45), both of Eustis, Florida, with conspiracy to distribute and possess 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.
According to the complaint, Hendricks, who was known by law enforcement to be a large-scale methamphetamine trafficker, was arrested in Dade City on Thursday night for fleeing and alluding law enforcement after an attempted traffic stop. Agents subsequently seized marijuana, a gun, and over $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 in Atlanta, Georgia and stated that he was to receive such a shipment the following night. With Hendricks’s cooperation, last night agents arrested Castaneda and Gonzalez-Castaneda at their residences in Eustis, Florida, after they 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.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the U.S. Drug Enforcement Administration and the Pasco County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kathy J.M. Peluso.
Texas Cocaine Trafficker Sentenced to More Than 18 Years in Prison and Forfeits More Than $1.2 Million DollarsRead the Press Release
Ocala, Florida – Senior U.S. District Judge Wm. Terrell Hodges today sentenced Rolando Pinon (46, San Benito, Texas) to 18 years and 6 months in federal prison for conspiracy to distribute five kilograms or more of cocaine. The Court also ordered him to forfeit more than $1.2 million dollars in property and cash, which were determined to be traceable proceeds of the offense. Pinon pleaded guilty on November 25, 2014.
According to court documents and evidence presented at the sentencing hearing, Pinon had a long-time source for large quantities of cocaine in Matamoros, Mexico. Since 2007, he had used various modes of transportation to move the drugs from Texas to Ocala, and had employed a series of drivers, including Jose Manuel Tovar. The investigation revealed that Pinon had sold in excess of 150 kilograms of cocaine to an Ocala-based customer, who then had sold the drugs to multi-kilogram cocaine dealers in the Marion County area.
On August 29, 2014, the Ocala Police Department conducted a traffic stop of a truck Tovar was driving on his way from Texas. During the stop and ensuing search of the vehicle, officers located a marine-style cooler. Once disassembled, the cooler was found to contain six kilograms of cocaine. DEA agents subsequently arrested Pinon in Texas. Tovar was previously sentenced to six years in federal prison on January 22, 2015.
During the course of the conspiracy, Pinon laundered drug money by amassing rental properties in Texas, placing the properties in various nominee names, and renting them for profit. He also purchased a parcel of property and opened a vehicle sales business known as Elik Motors. Elik Motors bought cars at auction and resold them. As part of the plea agreement, Pinon forfeited the rental properties, Elik Motors, and cash. The total amount of the forfeiture exceeded $1.2 million dollars.
This case is another prosecution in the Organized Crime Drug Enforcement Task Force (OCDETF) Operation Wind Sock. The principal mission of the OCDETF Program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation's drug supply.
The 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 Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorney A. Tysen Duva.
New Smyrna Man Sentenced to Federal Prison for Trafficking in FirearmsRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. yesterday sentenced Michael Alvin Carter (61, New Smyrna Beach) to 51 months in federal prison for knowingly selling firearms to a convicted felon and knowingly selling stolen firearms. The Court also ordered him to forfeit the firearms he had sold, specifically a Norinco SKS rifle, a Ruger Mini-14 rifle, a Mossberg 500A shotgun, a Yugo M58/66 7.62 caliber rifle, an H&R shotgun, a Magnum Research Desert Eagle .50 caliber handgun, a Ruger .357 SP101 revolver, and a Smith & Wesson Model 642-2 Lady Smith revolver.
Carter pleaded guilty on November 25, 2014.
According to court documents, in June 2012, Carter sold six firearms to a person that he knew was a convicted felon, but who, unbeknownst to Carter, was working with the FBI. A few weeks later, Carter sold two additional firearms that he knew had been stolen to an FBI undercover officer. During the sentencing hearing, the Court found that Carter had known that firearms he was selling would be used unlawfully by other persons.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Merritt Island Man Sentenced to More Than Six Years for Possession and Receipt of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced James Otis Liptak (36, Merritt Island) to six years and six months in federal prison for receipt and possession of child pornography. The Court also ordered him to forfeit specific computers and hard drives on which the images of child pornography had been found. Liptak pleaded guilty on October 22, 2014.
According to court documents, on July 25, 2014, a Brevard County Deputy Sheriff and FBI Task Force Agent assigned to the Child Exploitation Task Force determined that someone using a computer with a specific Internet Protocol (IP) address was advertising suspected child pornography through a peer-to-peer file sharing program. Further investigation revealed that the computer was located at a residence in Merritt Island, Florida. Agents subsequently executed a federal search warrant at the house and found computers in Liptak’s bedroom. During an interview with agents, Liptak admitted that he had searched the Internet for the images and movies, and that he had stored them on his computer. A forensic examination of the computer’s hard drives revealed more than 5,000 images and 113 movies of child pornography.
This case was investigated by the Federal Bureau of Investigation and the Brevard County Sheriff’s Office Child Exploitation Task Force. It was prosecuted by Assistant United States Attorney Bruce S. Ambrose.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
Biscayne Park Man Pleads Guilty to Identity Theft and Debit Card FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Kency Aime (29, Biscayne Park) has pleaded guilty to one count of access device (debit card) fraud and nine counts of identity theft. He faces a maximum penalty of 55 years in federal prison. A sentencing date has not yet been scheduled.
According to court documents, on May 7, 2014, a Florida Highway Patrol trooper observed a vehicle traveling above the posted speed limit on I-75 in Hamilton County, Florida. The trooper conducted a traffic stop and identified Aime as the driver and sole occupant of the vehicle. During the stop, the trooper smelled a very strong odor of marijuana coming from inside the vehicle and Aime admitted that he had been smoking marijuana.
During a search of the vehicle, troopers located 34 Mastercard and Visa debit cards, along with 296 sets of Personal Identifying Information (PII). Also found were two computers and cell phones. After obtaining federal search warrants, law enforcement located an additional 103 sets of PII on the computers and cell phones. Further investigation revealed that the Mastercard and Visa debit cards were applied for using stolen PII or obtained fraudulently and associated with fraudulent tax activity.
This case was investigated by the United States Secret Service North Florida High Tech Crime Task Force, the Internal Revenue Service – Criminal Investigation, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Naples Man Pleads Guilty in Connection with Sunshine Pharmacy Health Care Fraud ConspiracyRead the Press Release
Fort Myers, Florida –United States Attorney A. Lee Bentley, III announces that Adam Parrish (35, Naples) has pleaded guilty to an Information charging him with seven counts of conspiracy to commit health care fraud, three counts of aggravated identify theft, and three counts of improper use of a DEA Registration Number. He faces a maximum penalty of 10 years in federal prison for the conspiracy charges, an additional two years for each aggravated identity theft count, which must be served consecutively to the conspiracy offense, and four years in federal prison for each improper use of a DEA Registration Number offense. A sentencing date has not yet been scheduled.
According to the plea agreement, from February 2009 through July 2012, Adam Parrish conspired with Delmer Holmes Parrish and Patricia Parrish to defraud federal health care benefit programs out of approximately $351,358. All three, along with others, used Sunshine Pharmacy and Sunshine Solutions in Naples to further their unlawful scheme to defraud the government. The co-conspirators submitted and caused claims to be submitted for reimbursement from the Medicaid, Medicare, and TRICARE programs for prescriptions that had not been filled or provided to beneficiaries and recipients, including prescriptions for patients that had not been written or authorized by any duly licensed physician. In addition, they submitted and caused claims to be submitted for reimbursement from these programs for prescriptions for beneficiaries and recipients who were deceased. In carrying out the offenses, the conspirators also used the means of identification of individuals who were enrolled in the Medicaid, Medicare, or TRICARE programs without their knowledge or consent. As a result of the scheme, the government was defrauded out of approximately $351,358.
In addition, Adam Parrish admitted that he had unlawfully used the names of three federal health care beneficiaries to commit health care fraud. He also admitted that he had utilized two different physicians’ DEA Registration Numbers, on three occasions, to acquire or obtain controlled substances from pharmacies in Collier County.
Delmer Parrish and Patricia Parrish were sentenced for their role in the conspiracy in April 2014. Delmer Parrish, who was a licensed pharmacist and owner of Sunshine Pharmacy, surrendered his pharmacist license and was sentenced to 24 months in federal prison. Patricia Parrish, Delmer’s Parrish’s mother, was sentenced to house arrest for 120 days, to be followed by three years of probation. In addition, Delmer and Patricia Parrish paid $351,358 in restitution to the United States at the time of their sentencing.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, the Department of Defense, Defense Criminal Investigative Service, and the Drug Enforcement Administration, with assistance from the Naples Police Department, the Collier County Sheriff's Office, and the United States Secret Service. It was prosecuted by Assistant United States Attorney David G. Lazarus.
Massachusetts Woman Pleads Guilty to Bank FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Viviane Cazeau (36, Massachusetts) has pleaded guilty to bank fraud. She faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, Cazeau, as well as others, would call Bank of America and other financial institutions and fraudulently pose as an account holder. Cazeau would provide enough information to convince the bank employee that she was the true account holder. Upon gaining access to the account, Cazeau would then request a new debit card and personal identification number (PIN). She would request that the card and PIN be mailed to the address on file with the bank. The card and PIN would then be mailed to the address, stolen from the victim’s mailbox, and used for ATM withdrawals in Florida and Massachusetts. During the course of this investigation, law enforcement has identified approximately $822,698 in losses tied to this scheme.
This case was investigated by the U.S. Postal Inspection Service and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Sara C. Sweeney.
Felon in Possession of Ammunition Sentenced to Five YearsRead the Press Release
Ft. Myers, Florida – United States District Court Judge John A. Steele has sentenced Edward Bergen (29, Cape Coral) to 60 months’ imprisonment, followed by three years of supervised release, for one count of possession of ammunition by a convicted felon and one count of possession with intent to distribute marijuana.
Bergen was indicted on January 22, 2014.
According to court documents, a search warrant was executed at Bergen’s residence in December of 2013. Located inside a locked safe in his bedroom were 81 rounds of ammunition and marijuana. At the time of the offense, Bergen was a previously convicted felon, and therefore was prohibited from possessing a firearm or ammunition under federal law.
Bergen operated a Facebook page entitled “Snitch Stoppers 239” in which he identified individuals cooperating with law enforcement and offered rewards to others who identify “snitches” to him for publication on his webpage. Bergen has remained in custody since his arrest on December 13, 2013.
This case was investigated by the Cape Coral Police Department and the Drug Enforcement Administration – Fort Myers Resident Office. It was prosecuted by Assistant United States Attorney Tama Koss Caldarone.
Deltona Man Indicted on Federal Child Pornography ChargesRead the Press Release
Orlando, Florida - United States Attorney A. Lee Bentley, III announces the return of an indictment charging Andrew Terryll Hudson (51, Deltona) with one count of distributing child pornography, one count of receiving child pornography, and one count of possessing child pornography.
According to the indictment, on December 29, 2014, Hudson distributed images and videos depicting child pornography to an undercover FBI agent using an Internet peer-to-peer network. A federal search warrant was subsequently executed at Hudson’s residence and all of his computer-related media was seized. Forensic analyses of the evidence revealed over 1,000 images and videos of child pornography.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Volusia County Sherriff’s Office. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Orlando Man Charged with Investment FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Dante S. Giovannetti (50, Orlando) with five counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison on each count.
According to court documents, Giovannetti solicited four individuals to provide him with approximately $700,000 that Giovannetti claimed would be pooled, placed into a trading account, and used to trade in E-mini S&P 500 futures contracts. To induce his investors, Giovanneti represented that he had experience in earning profits from trading S&P futures, and provided investors with statements that showed large trading profits that Giovannetti claimed to have earned. Contrary to his representations, Giovannetti did not invest the monies in S&P futures, but instead used significant portions of the investors' funds for his personal benefit. To conceal his fraud, he provided his victims with false trading statements that had been doctored to show tens of millions of dollars in fictitious profits from trading S&P 500 futures contracts and more than $53 million in cash on deposit as of July 31, 2014.
After Giovannetti failed to return their money, his investors complained to the National Futures Association, which commenced an emergency examination of one of Giovannetti’s companies on October 14, 2014. On October 30, 2014, the U.S. Commodity Futures Trading Commission (CFTC) filed a civil action against Giovannetti and several of his entities in federal court in Orlando. A statutory restraining order was entered against Giovannetti and his entities that froze their assets, granted expedited discovery, and prohibited the destruction of documents. Giovannetti failed to comply with the orders of the Court, was held in contempt, and a warrant was issued for his arrest for his contempt in the CFTC civil case in November 2014. On November 21, 2014, Giovannetti was charged in a sealed criminal complaint in the Middle District of Florida.
After his scheme was uncovered, Giovannetti fled to Canada. On January 15, 2015, he was deported back to the United States. The following day, Giovannetti had his initial appearance on the criminal complaint in federal court in Seattle, Washington. He is currently detained and in the process of being transported to this District by the United States Marshals Service.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the State of Florida’s Office of Financial Regulation, with assistance from the United States Marshals Service and the U.S. Commodity Futures Trading Commission. It will be prosecuted by Assistant United States Attorney Roger B. Handberg.
Lake Mary Man Sentenced to 10 Years for Receiving Child PornographyRead the Press Release
Orlando, Florida – Chief United States District Judge Anne C. Conway today sentenced Samuel Dunn (22, Lake Mary) to 10 years in federal prison for receiving child pornography. The Court also ordered him to serve a 15-year term of supervision following his release from prison and to forfeit the electronic devices that he had used to commit the crime. Dunn pleaded guilty on November 19, 2014.
According to court documents, an undercover FBI investigation determined that Dunn was making child pornography available for download by others using an Internet peer-to-peer file sharing program. On June 6, 2014, agents executed a federal search warrant at Dunn’s Lake Mary residence, where they recovered Dunn’s laptop computer and a thumb drive. A subsequent forensic examination revealed that the computer and thumb drive contained approximately 200 images and 21 videos depicting child pornography, including images of young children being sexually abused. Agents also interviewed Dunn, who told them that he had used the file sharing program to download child pornography for the last four to five years.
This case was investigated by the Federal Bureau of Investigation and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Fort Myers Man Convicted of Drug ConspiracyRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Titus Lamar Bellot (28, Fort Myers) guilty of conspiracy to possess with intent to distribute the controlled substance methylone. He faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for May 18, 2015.
Bellot was indicted on April 30, 2014.
According to the testimony and evidence presented at trial, on April 21, 2014, U.S. Customs and Border Protection officials at an international mail facility in New York encountered an International Express Mail parcel from the People’s Republic of China. After searching the parcel, they determined that it contained methylone. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations agents made a controlled delivery of the package to an address in Lehigh Acres, Florida. Deena Williams, who was convicted after a jury trial on February 5, 2015, accepted the package. Agents then entered the house and discovered that Williams had opened the package and removed the drugs. Bellot came to the house a short time later to pick up the drugs. Further investigation confirmed that the package belonged to him.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
Colombian Brothers Sentenced to Prison for Smuggling FirearmsRead the Press Release
Orlando, Florida – Chief U.S. District Judge Anne C. Conway has sentenced two brothers, Nelson Cartagena (41, Rockledge) and Dairo Cartagena (38, Rockledge), for their roles in a conspiracy to smuggle firearms to Colombia, and for unlawfully dealing in firearms. Nelson Cartagena was sentenced to 15 years in federal prison and Dairo Cartagena was sentenced to 5 years and 3 months’ imprisonment. The Court also ordered the Cartagenas to forfeit all firearms intercepted by law enforcement during the investigation.
Nelson Cartagena and Dairo Cartagena pleaded guilty to the charges and were adjudicated guilty on October 30, 2014, and November 24, 2014, respectively. Two other conspirators, Karen Chan and Julian Roland, previously pleaded guilty for their roles in this case. They are scheduled to be sentenced on March 5, 2015.
According to court documents, beginning as early as November 2013, and continuing through July 2014, Nelson Cartagena and his brother bought firearms and high-capacity magazines from various Federal Firearms Licensees and private sellers at gun shows in central Florida. They smuggled many of them to Colombia, hidden inside the motor housing of exercise machines. Law enforcement agents seized 88 firearms and 49 high-capacity magazines that had been purchased by the Cartagenas and had been shipped, or were packaged and ready for shipment, to Colombia. The intercepted shipments included high-powered military style assault rifles, pistols that shoot .223 caliber armor-piercing rifle rounds, and a variety of 9 mm pistols. Based on evidence collected during the investigation, agents estimated that more than 100 firearms were purchased by the brothers and sent to Colombia during this conspiracy. One box containing three assault rifles and a pistol was intercepted in Colombia and a shipment of 15 firearms was intercepted in Miami. An additional two boxes, containing a total of 30 firearms and 49 magazines, were found in Dairo Cartagena’s apartment ready for shipment to Colombia.
Testimony at the sentencing hearing indicated that the firearms and magazines were destined for delivery to an unknown drug cartel in Colombia.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Two Managers of Telemarketing Room Charged with Fraud and Money LaunderingRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Mark Gardner (28, Osteen, Florida) and Tammie Lynn Cline (32, Leominster, MA) with one count of conspiracy, five counts of wire fraud, and four counts of money laundering. If convicted, each faces a maximum penalty of 20 years in federal prison for each conspiracy and wire fraud count and up to 10 years in federal prison for each money laundering count.
According to the indictment, Gardner and Cline operated a telemarketing room in Central Florida. They, along with the telemarketers who worked at their call center, made unsolicited calls to owners of timeshare properties located throughout the United States. In those calls, they claimed that they worked for Universal Timeshare Sales Associates (UTSA) out of Beaverton, Oregon, that UTSA had a purchaser who was interested in buying a timeshare, and that the timeshare owner just needed to pay a fee of between $1,600 and $2,200 for the sale to proceed. To convince timeshare owners to pay the fee, Gardner, Cline, and their telemarketers sometimes claimed that an interested purchaser was present in the showroom ready to buy a timeshare, that a buyer had already deposited money into an escrow account for the sale, or that the sale would take place in about 90 days. Those representations were false. The timeshares were not sold as had been promised, and Gardner, Cline, and their conspirators denied or ignored requests for refunds and disputed chargebacks with the credit card companies.
In May 2013, the Federal Trade Commission and the Florida Attorney General’s Office filed a civil action against Gardner, Cline, and others in federal court in Orlando. In June 2014, the Court entered a permanent injunction against them related to certain telemarketing practices.
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 Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Roger B. Handberg.
Three Importers to Pay over $3 Million to Settle False Claims Act Suit Alleging Evaded Customs DutiesRead the Press Release
WASHINGTON – The Department of Justice announced today that California-based C.R. Laurence Co. Inc., Florida-based Southeastern Aluminum Products Inc. and Texas-based Waterfall Group LLC have agreed to pay $2,300,000, $650,000 and $100,000, respectively, to resolve a lawsuit brought by the United States under the False Claims Act alleging that the companies engaged in schemes to evade customs duties on imports of aluminum extrusions from the People’s Republic of China (PRC). The companies sell shower doors and shower enclosures made with the PRC-manufactured aluminum extrusions.
“The nation’s customs laws are designed to protect domestic manufacturers from unfair competition abroad,” said Acting Assistant Attorney General Joyce R. Branda of the Justice Department’s Civil Division. “The Department of Justice will pursue those who seek an unfair advantage in U.S. markets by evading the duties owed on goods imported into this country.”
The government’s complaint alleged that C.R. Laurence, Southeastern and Waterfall made false declarations to the U.S. Department of Homeland Security’s Customs and Border Protection (CBP) to avoid paying antidumping and countervailing duties on aluminum extrusions imported from manufacturer Tai Shan Golden Gain Aluminum Products Ltd. in the PRC. The Department of Commerce assesses, and CBP collects, antidumping and countervailing duties to protect U.S. businesses and level the playing field for domestic products. Antidumping duties protect against foreign companies “dumping” products on U.S. markets at prices below cost, while countervailing duties offset foreign government subsidies. C.R. Laurence, Southeastern, and Waterfall allegedly misrepresented that the “country of origin” of the aluminum extrusions was Malaysia, when the goods were manufactured in the PRC and merely shipped through Malaysia – a practice called “transshipping.” Imports of PRC-manufactured aluminum extrusions have been subject to antidumping and countervailing duties since 2010. No such duties are due on imports of such items from Malaysia.
The government’s complaint also alleged that C.R. Laurence, Southeastern and Waterfall purchased PRC-made aluminum extrusions imported by other domestic companies and caused or conspired with those importers to make false declarations to CBP to evade duties.
“Countervailing and antidumping duties are designed to provide a level playing field between companies that purchase products domestically and those that import products from countries which subsidize their production,” said U.S. Attorney A. Lee Bentley III for the Middle District of Florida. “Importers who use fraud to avoid paying these duties gain an unfair business advantage over competitors who abide by the rules. This settlement reaffirms our commitment to ensuring that business competition remains fair in our district.”
“Antidumping and countervailing duties are critical to ensure fair competition for U.S. manufacturers,” said Commissioner R. Gil Kerlikowske of CBP. “U.S. Customs and Border Protection works diligently with the Department of Justice, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and the U.S. Department of Commerce to aggressively pursue duty evasion.”
The allegations resolved by the settlements announced today were originally brought by whistleblower James F. Valenti Jr. in the U.S. District Court for the Middle District of Florida under the qui tam provisions of the False Claims Act. The act permits private parties to sue on behalf of the government those who falsely claim federal funds or, as in this case, avoid paying funds owed to the government. The United States may intervene in and take over the lawsuit, as it did in this case. The act allows the whistleblower to receive a share of any funds recovered through the lawsuit. Valenti will receive $555,100 as his share of these settlements.
The case was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Middle District of Florida, CBP, U.S. Immigration and Customs Enforcement and the Department of Commerce’s International Trade Administration.
The lawsuit is captioned United States ex rel. Valenti v. Tai Shan Golden Gain Aluminum Products Ltd., et al., Case No. 11-cv-368 (M.D. Fla.). The claims resolved by the settlements are allegations only; there has been no determination of liability.
Tampa Man Convicted of Commercial Armed RobberyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Shamorcus Brandan Nesbitt (28, Tampa) guilty of conspiracy to interfere with commerce by robbery, interference with commerce by robbery, carrying a firearm in furtherance of a crime of violence, and being a felon in possession of a firearm and ammunition. Nesbitt faces a mandatory minimum penalty of 37 years in federal prison. His sentencing hearing is scheduled for May 19, 2015. He was indicted on June 19, 2014.
According to evidence presented at trial, law enforcement officers identified Nesbitt and England Alexander Wilson as suspects in several commercial armed robberies in the Tampa Bay area. On May 20, 2014, Nesbitt and Wilson robbed a Little Caesar’s Pizza in Tampa. After tracking their movements, investigators recovered items used in the robbery, including clothing, gloves, and the firearm. Ultimately, both Nesbitt’s and Wilson’s DNA was found on gloves used in the robbery.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation, the Hernando County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Citrus County Sheriff’s Office, the Pasco County Sheriff’s Office, and the Tampa Police Department. It is being prosecuted by Assistant United States Attorneys Carlton C. Gammons and Josephine W. Thomas.
St. Petersburg Man Convicted of Federal Firearms Charge, Witness Tampering, and Obstruction of JusticeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Demetrius Sharron Davis (33, St. Petersburg) guilty of being a felon in possession of a firearm and ammunition, tampering with a witness, and obstruction of justice. He faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for May 4, 2015.
Davis was originally indicted on May 13, 2014, for being a felon in possession of a firearm and ammunition. A superseding indictment was returned on October 21, 2014, charging him with the witness tampering and obstruction offenses.
According to testimony and evidence presented at trial, on October 27, 2013, Davis threatened the mother of his children with a loaded firearm. During the altercation, Davis said to her that the “kids are about to see you in a body bag” and that the “kids won’t have a mother or a father.” He made these statements while pointing the firearm at her as she held their four-year-old daughter in her lap. Davis had previously been convicted of a felony, and was therefore prohibited from possessing a firearm or ammunition under federal law.
As the original trial date approached in October 2014, Davis called his 10 year-old daughter, who had also witnessed him with the firearm and was scheduled to be a witness at trial. During the phone call, Davis attempted to prevent his daughter from testifying by telling her that “you don’t need to get on the stand 'cause that'll make daddy go to jail for a long time.” He also made further statements in an attempt to persuade her not to testify.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorneys Shauna S. Hale and Adam M. Saltzman.
It 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.
Pharmacy Owner Pleads Guilty to Drug and Money Laundering OffensesRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that Jorge Otano (53, Cape Coral) has pleaded guilty to conspiracy to possess with intent to distribute and to distribute oxycodone, and distributing the drug outside the usual course of professional practice for other than legitimate medical purposes. He also pleaded guilty to conspiracy to commit structuring, evading a currency-transaction reporting requirement, conspiracy to commit money laundering, and money laundering. He faces a maximum penalty of 20 years in federal prison for the conspiracy to possess with intent to distribute and the distribution charges, up to 5 years in federal prison for the conspiracy to commit structuring charge, and a maximum of 10 years’ imprisonment for each of the evading currency-transaction reporting, conspiracy to commit money laundering, and money laundering offenses.
According to court documents, from August 2009 to November 15, 2012, St. Jude’s Pharmacy in Cape Coral was owned and operated by Otano and his wife, Martha. During that period, the pharmacy made a significant profit by filling fraudulent prescriptions for oxycodone and charging $4.00 to $12.00 per pill.
From April 2011 to November 15, 2012, the Otanos made structured cash deposits of the proceeds of the illegal narcotics sales into a domestic financial institution. They knew that the money obtained from the sale of oxycodone through the pharmacy was the proceeds of unlawful narcotics distribution. They used drug proceeds to purchase two residences in Cape Coral, a 2012 Chevrolet truck, and a 2013 Mercedes Benz vehicle.
Martha Otano previously pleaded guilty for her role in this case. She was sentenced on July 21, 2014, to three years and one month in federal prison.
This case was investigated by the United States Secret Service and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys David G. Lazarus and Yolande G. Viacava.
Orlando Man Convicted of Carjacking and Firearm ChargesRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Nester Leon (26, Orlando) guilty of carjacking, and using and carrying a firearm that was discharged in relation to that carjacking. Leon faces a maximum penalty of 15 years in federal prison for the carjacking conviction, and a mandatory minimum of 10 years’, up to life imprisonment, for the firearm conviction. His sentencing hearing is scheduled for May 1, 2015.
According to evidence presented at trial, during the early morning of June 28, 2014, Leon’s friend “L.P.” drove to the McCoy Federal Credit Union located at 2075 Central Florida Parkway in Orlando. When L.P. exited his car to use the ATM, Leon slid over from the passenger’s seat, got behind the wheel, and started to leave the parking lot. When L.P. ran after his car, Leon pulled out his gun and fired a single shot at L.P. L.P. then ran to a nearby convenience store and called 911.
Because L.P.’s car was equipped with GPS, the Orange County Sheriff’s Office was able to track the vehicle to an apartment complex in Orlando. When deputies found the car, Leon was sitting behind the wheel. After seeing the marked patrol car pull up behind him, Leon jumped out of the car and fled. Deputies then chased Leon through the parking lot and into the street.
Leon then tried to discard evidence of his crimes, including a necklace he had stolen from L.P., into a nearby pond. When deputies caught up with Leon, he resisted, but was ultimately detained. During a subsequent search of the car, a freshly-fired, small-caliber shell casing was recovered from the front seat.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Joseph M. Schuster and Kara Wick.