Middle District of Florida

Tampa, Florida - United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Joseph Pasquale (38, Worcester, MA) with one count of mortgage fraud conspiracy involving bank fraud and two counts of bank fraud. He faces a maximum penalty of 30 years’ imprisonment for each count. The indictment also notifies Pasquale that the United States is seeking a money judgment for the proceeds of the mortgage fraud conspiracy.

According to the indictment and court proceedings, in 2005, entities controlled by co-conspirators entered into a contract to purchase The Arbors, an apartment complex in Hillsborough County. The new owners of The Arbors then engaged in a plan to convert the complex from rental apartment units to condominium units.

Pasquale’s co-conspirator, Brenden Bolger, aided the developers in the sale of numerous condominium units at The Arbors through his company, Capital Management Guarantee, LLC. In order to induce buyers to purchase units, Bolger created an addendum to the purchase contract that offered buyers various incentives such as rental supplements, money to defray maintenance costs, and a design credit to upgrade the unit’s amenities. When the buyers cancelled the design credit within 10 days of signing the addendum, Bolger paid a kickback for the amount of the design credit to the buyer from Capital Management’s bank account. In this manner, Bolger, Pasquale, and other co-conspirators failed to disclose to buyers’ mortgage lenders material facts about the financing of the sale of The Arbors condominium units.

Pasquale’s alleged role in the conspiracy consisted of marketing The Arbors units.  He did so by promising buyers closing cash and undisclosed incentives, providing closing cash to borrowers who purchased units at The Arbors, facilitating the payment of kickbacks to his clients via Capital Management Guarantee, and facilitating the submission of false loan applications to FDIC insured financial institutions.

Bolger previously pleaded guilty for his role in this scheme. He is scheduled to be sentenced on June 22, 2015.

An indictment is merely a formal charge that a defendant has committed a violation of federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation and the Federal Housing Finance Agency, Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor and Assistant United States Attorney Jay Hoffer.

At an investiture ceremony held at the Sam M. Gibbons U.S. Courthouse yesterday afternoon in downtown Tampa, Judge Steven D. Merryday of the U.S. District Court for the Middle District of Florida administered the Oath of Office for the United States Attorney to A. Lee Bentley, III. He serves as the eighteenth United States Attorney for the district.

The formal ceremony, over which Judge Merryday presided, was attended by scores of family members, friends, and colleagues, as well as federal, state, and local dignitaries. Guest speakers included former United States Attorneys Robert E. O’Neill and A. Brian Albritton. The invocation and the benediction were given by the Reverend Roger Scholtz, Senior Pastor, Hyde Park Methodist Church. Tampa Police Chief Jane Castor led the Pledge of Allegiance, and Deputy Clerk James O. Gordon sang the national anthem.

Other honored guests attending included United States Attorney Loretta A. Lynch from the Eastern District of New York, former United States Attorney Donna A. Bucella, Florida Attorney General Pam Bondi, and Mayor Bob Buckhorn.

United States Attorney Bentley was appointed to his post by President Barack Obama upon the recommendation of Senators Bill Nelson and Marco Rubio. He has served as an Assistant United States Attorney in the Middle District of Florida since 2000, most recently serving as the First Assistant to United States Attorney Robert E. O'Neill. Prior to that, he worked at the law firm of Hogan & Hartson in Washington, DC as an associate and a partner. Mr. Bentley also has served as a Special Assistant United States Attorney in the Southern District of Florida (Miami), an Attorney-Advisor in the Office of Legal Counsel, Department of Justice (Washington, D.C.), a law clerk to Honorable Lewis F. Powell, Jr., United States Supreme Court, and a law clerk to Honorable Clement F. Haynsworth, Jr., United States Court of Appeals for the Fourth Circuit.

United States Attorney Bentley oversees one of the largest United States Attorney’s Offices in the country, having prosecutorial responsibility over 35 counties in Florida, stretching more than 350 miles, with a population of more than 11 million. He leads five staffed offices with more than 230 employees, including approximately 117 attorneys.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Chad R. Heins (40, Nekoosa, Wisconsin) has pleaded guilty to conspiracy to defraud the United States. He faces a maximum penalty of 10 years in federal prison and must pay restitution to the Internal Revenue Service.  His sentencing hearing has been scheduled for June 23, 2015.

According to the plea agreement, Heins spent 13 years and 8 months in prison after being arrested, tried, and convicted of first-degree murder. After his release, he communicated with at least one State of Florida inmate and reached an agreement to split tax refund proceeds that had been obtained from the filing of fraudulent tax returns. Heins opened bank accounts in his name and fraudulently obtained income tax refunds in the total amount of at least $1,258,178, which were to be deposited into his accounts.

Five other individuals, Laura Wright (71, Lecanto, FL), Tiffani Manning (31, Jacksonville, FL), Silvester Bowens (48, Jacksonville, FL), Christopher Wyant (39, Morristown, TN), and Tabatha Dubois (34, Morristown, TN), previously pleaded guilty for their roles in this case.

This case was investigated by The Internal Revenue Service - Criminal Investigation and the Florida Department of Corrections. Assistant United States Attorneys Kelly S. Karase and Mark Devereaux are prosecuting this case.

Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Roy Antigua (55, Miami) to one year and one day in federal prison for making a false statement in a matter within the jurisdiction of the federal government and for wrongfully possessing federal government identification badges.  The Court also ordered a money judgment in the amount of $114,000, the proceeds of the charged criminal conduct. Antigua pleaded guilty on January 6, 2015.

According to court documents, Antigua submitted employment applications to two home health care agencies in which he fraudulently claimed to have been awarded a Master’s Degree in Social Work from Boston University. He also submitted a fraudulently created diploma with his applications.  Antigua was subsequently hired by both agencies that, in reliance on his false statements, billed Medicare for social work services he had performed for Medicare beneficiaries.  Medicare will only pay for social work services performed by individuals holding a Master’s Degree in Social Work.    

During a search of Antigua’s home on August 1, 2012, law enforcement agents found him to be in wrongful and unauthorized possession of colorable imitations of badges purportedly issued by the Department of Defense, Defense Criminal Investigative Service and the National Aeronautic and Space Administration.  

This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General (OIG), the Department of Homeland Security - OIG, NASA - OIG, the Defense Criminal Investigative Service, the Federal Bureau of Investigation, the Coast Guard Investigative Service, and the New Port Richey Police Department. It was prosecuted by Assistant United States Attorney Bob Mosakowski.

Tampa, FL – United States Attorney A. Lee Bentley, III announces that a federal jury has found Miami residents Gladys Fuertes (40) and her husband, Mario Fuertes (38), guilty of conspiracy to commit health care fraud, health care fraud, and obstructing a health care investigation. They are facing a maximum penalty of 10 years in federal prison on the conspiracy count and on each of the 10 health care fraud counts, and up to five years in federal prison on each of the two obstruction counts. Gladys Fuertes was also convicted of four counts of aggravated identity theft and faces a mandatory sentence of two years in prison for those charges. The sentencing hearing has been scheduled for June 23, 2015. Both individuals were indicted on March 13, 2014, and arrested in Miami on March 26, 2014.

According to evidence presented during the seven-day trial, Gladys and Mario Fuertes established and operated a sham clinic, Gables Medical and Therapy Center, for the purpose of committing health care fraud. They employed unlicensed medical professionals and misused the Medicare billing numbers of other medical professionals, without their knowledge, in order to claim that they had rendered medical treatment to Gables patients. The Fuerteses also paid a co-conspirator to recruit Medicare beneficiaries for Gables, and to drive patients to the clinic for basic and sham medical services.

Once recruited, Gladys and Mario Fuertes urged the Gables patients to enroll in Universal’s Medicare Part C and Part D plans. They believed that Universal paid a relatively high percentage of its claims. The Fuerteses fraudulently billed Universal and caused Universal’s Medicare Part C plan to be billed for Gables patients’ supposed treatments. The treatments included expensive HIV-related treatments that patients never actually received. Gladys and Mario Fuertes also billed Universal and caused Universal to be billed for services that required a physician’s presence when no licensed physician was present or rendered the service.  The Fuerteses billed Universal in excess of $900,000.

The Fuerteses and their co-conspirators paid the Medicare beneficiaries, who were recruited to come to Gables for their Medicare identification numbers, to allow Gables to bill Universal for services that were never rendered. In addition, Gladys and Mario Fuertes facilitated the provision of fraudulent prescriptions for controlled substances, including oxycodone, to Gables patients. In some cases, the signatures on the prescriptions were forged. The patients who received these oxycodone prescriptions were assisted in filling them by a co-conspirator.  The co-conspirator also purchased the pills from some of the patients and sold them on the street. These prescriptions were paid for as part of the beneficiaries’ Medicare Part D benefits.

Once they learned of the federal health care fraud investigation into their actions, the Fuerteses instructed Gables patients to lie to law enforcement agents and otherwise obstruct a federal investigation into health care fraud at the clinic.  The Fuerteses also provided altered Medicare billing documentation to federal agents investigating their activities.

This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Mandy Riedel and Kelley Howard-Allen.

Since its inception in March 2007, the Medicare Strike Force, now operating in nine cities across the country, has charged more than 1,900 defendants who have collectively billed the Medicare Program for more than $6 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: http://www.stopmedicarefraud.gov/.

Jacksonville, Florida – U.S. Attorney A. Lee Bentley, III announces that a federal jury today convicted Gavin Harrill (45, Denver, Colorado) of conspiracy to cultivate and distribute marijuana. He faces a maximum penalty of 20 years’ imprisonment and a $1 million fine. A sentencing date has not yet been set.

According to testimony presented at trial, in late 2010, Harrill sold approximately 900 marijuana plants to a Jacksonville resident for distribution in Jacksonville Beach. The plants, with an approximate value of $1 million, were seized in Colorado grow houses by law enforcement officials prior to being delivered to Florida.

This conspiracy to distribute marijuana involved nine other individuals. They have also been convicted in federal court for their roles in this case. The conspiracy lasted from March 2010 to September 2011, and involved the purchase and transportation of hundreds of pounds of marijuana from California and Colorado to Florida.

This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Jay Taylor.

Jacksonville, Florida – Senior U.S. District Judge Harvey E. Schlesinger today sentenced Bobby Lee Smith (48, Jacksonville) to 96 months in federal prison for attempting to possess with intent to distribute cocaine. He pleaded guilty on October 31, 2014.  

According to court documents, in 2012, Smith applied for and subsequently received a Transportation Security Administration (TSA) Transportation Worker Identification Credential (TWIC) card.  The TWIC card allowed Smith to have unescorted access to various parts of the JAXPORT facility in Jacksonville.  It also allowed him to escort individuals on and off JAXPORT.

Between January and early March 2014, a law enforcement officer acting in an undercover capacity (UC) conducted a series of meetings and recorded phone calls with Smith regarding drugs coming through JAXPORT.  During these conversations, Smith stated that he could get anything on or off JAXPORT’s Blount Island Terminal.

On March 7, 2014, Smith agreed to meet with the UC’s partner at the Blount Island Terminal.  Smith agreed to pick up a package containing five kilograms of cocaine and then deliver it to the UC.  Later that day, Smith went to the JAXPORT Blount Island Terminal and, using his TWIC card, proceeded to the area where the UC’s partner was waiting.  Smith then met with the UC’s partner and took possession of a package he believed contained the cocaine. Upon exiting the terminal, Smith headed in the opposite direction of the predetermined meeting site with the UC.  Smith then examined the contents of the package and wrapped the purported cocaine in a t-shirt.  During a subsequent traffic stop by law enforcement, the package of fake cocaine was recovered from the front passenger floorboard where Smith was seated.

This case was investigated by U.S. Immigrationa and Customs Enforcement's Homeland Security Investigations, U.S. Customs and Border Protection Air / Marine Branch, Coast Guard Investigative Service, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.

          Tampa, FL - United States Attorney A. Lee Bentley, III announces today that his office has joined Twitter to assist in providing news, announcements, and other information to the public. To follow us on Twitter, go to https://twitter.com/USAO_MDFL, or add our Twitter address, @USAO_MDFL, to the Twitter app on your mobile device. In addition to Twitter, the U.S. Attorney’s Office also maintains a website, which remains the primary source of information for our office.

Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that John Robert Haldemann (31, Naples) today pleaded guilty to three counts of armed bank robbery.  He faces a maximum penalty of 25 years in federal prison for each count. A sentencing date has not yet been set.

According to court documents, Haldemann committed three armed bank robberies last summer. On June 4, 2014, he robbed a Capital Bank in Venice.  He then committed an armed robbery at a Wells Fargo Bank in Naples on July 12, 2014.  And, in Punta Gorda on July 25, 2014, he robbed a Bank of America.  During each armed bank robbery, Haldemann displayed what appeared to be a firearm and demanded money from bank employees.

This case was investigated by the Federal Bureau of Investigation Violent Crimes Task Force, the Punta Gorda Police Department, the Naples Police Department, the Collier County Sheriff’s Office, the Venice Police Department, and the Sarasota County Sheriff’s Office.  It is being prosecuted by Assistant United States Attorney David G. Lazarus.

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Amaury Jimenez Brito (37, Fort Myers) to 21 months in federal prison for conspiracy to defraud the United States with false claims and theft of government property.  The Court also ordered Brito to pay $7,924 in restitution to the IRS. He pleaded guilty to the charges on November 6, 2014.      

According to court documents, between April 1, 2014, and May 22, 2014, Brito and his co-defendant, Yidelka Caceres, conspired with each other and with others to file approximately 264 false tax returns using the personal identifying information of other individuals without their permission. The total amount of tax refund payments sought from the IRS for the returns was more than $1.37 million.  However, the IRS rejected the majority of the filings and Brito and Caceres received approximately $7,924 in proceeds from the offense.

In addition, on April 18, 2014, Brito illegally sold two U.S. Treasury checks to a confidential informant. On May 8, 2014, Brito and Caceres illegally sold another U.S. Treasury check to the informant.  Neither Brito nor Caceres was the payee on the Treasury checks and they did not have permission to convert the funds for their own use or to sell or transfer the checks.

Caceres (39, Fort Myers) previously pleaded guilty for her role in this case. On February 13, 2015, she was sentenced to 90 days home confinement, a five year term of probation, 100 hours of community service, a $448 fine, and $7,924 in restitution.  In addition, the Court ordered Caceres to forfeit $5,932 seized from her home at the time of her arrest, representing proceeds she obtained as a result of her conduct.

This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney David G. Lazarus.

Tampa, Florida – A federal grand jury has returned an indictment charging Shawn Paul Hendricks (41, Dade City), Vladimir Castaneda (26, Eustis), and Jose Edgar Gonzalez-Castaneda (45, Eustis) with conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine, announces United States Attorney A. Lee Bentley, III, along with Acting Special Agent in Charge A.D. Wright, DEA Miami Field Division, and Pasco Sheriff Chris Nocco. Castaneda and Gonzalez-Castaneda were also charged with distribution of 500 grams or more of methamphetamine, and possession with intent to distribute 500 grams or more of methamphetamine. If convicted, each faces a mandatory minimum penalty of 10 years, up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit $49,334 in cash, a silver 2008 BMW sedan, and a Smith and Wesson .357 Magnum pistol and ammunition, which are alleged to be traceable to the offenses.

According to court documents, Hendricks, who was known by law enforcement to be a large-scale methamphetamine trafficker, was arrested in Dade City on February 18, 2015, for fleeing and alluding law enforcement after an attempted traffic stop. Agents subsequently seized marijuana, a gun, and nearly $50,000 in cash from a Dade City residence where Hendricks lived with his girlfriend. Hendricks admitted to having received 10 to 15 pounds of methamphetamine a week over the past year from a source of supply in Atlanta, and stated that he was to receive such a shipment the following night. With Hendricks’s cooperation, on February 19, 2015, agents arrested Castaneda and Gonzalez-Castaneda in Eustis, after they had delivered nearly 9 pounds of methamphetamine to Hendricks. In one of the transport vehicles, agents found an additional 11 pounds of methamphetamine. Gonzales-Castaneda admitted that he and Castaneda had picked up the methamphetamine in Atlanta earlier that morning.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless,  and until, proven guilty.

This case was investigated by the United States Drug Enforcement Administration and the Pasco Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Kathy J.M. Peluso.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Mahmoud Aldissi (a/k/a, Matt) and Anastassia Bogomolova (a/k/a, Anastasia) guilty of conspiracy to commit wire fraud, wire fraud (7 counts), aggravated identity theft (5 counts), and falsification of records involving a federal investigation (2 counts). Aldissi and Bogomolova each face a maximum penalty of 20 years in federal prison. The sentencing hearing has been set for May 28, 2015.

According to testimony and evidence presented during the month-long trial, through their two companies, Fractal Systems, Inc., and Smart Polymers Research Corp., Aldissi and Bogomolova fraudulently obtained approximately $10.5 million worth of small business research awards from the federal government. In order to be awarded contracts, they submitted proposals using the stolen identities of real people in order to create false endorsements of and for their proposed contracts. In the proposals, they also lied about their facilities, costs, the principal investigator on some of the contracts, and certifications in the proposals.

“The Small Business Innovation Research program is a vital link in stimulating innovative technologies.  The conviction of these individuals on all charges including identify theft and falsification of records sends a clear message that fraud in this program will not be  tolerated,” said Allison C. Lerner, Inspector General at the National Science Foundation.  “I commend the U.S. Attorney’s Office and our investigative partners for their work on this case.”

"This conviction demonstrates the commitment of the Defense Criminal Investigative Service and its law enforcement partners to protect the integrity of all Department of Defense programs," said Special Agent in Charge John F. Khin, Southeast Field Office.  “DCIS aggressively investigates violators who defraud the DoD procurement process, to preserve precious American taxpayer dollars intended to support our Warfighters."

"These guilty verdicts are another win for our organization," said Frank Robey, the director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. "Although these two defendants tried to cover their tracks with layers of deceptive paperwork, our special agents, in cooperation with other law enforcement agencies, were able to peel back the layers and uncover their scheme to defraud multiple government agencies."

“These defendants stole millions of dollars from the American taxpayer by systematically scheming to take contracting opportunities from legitimate business owners. This audacious scheme included several contracts awarded by the U.S. Environmental Protection Agency (EPA). The EPA’s Office of Inspector General (OIG) will continue to work with our law enforcement partners to aggressively investigate and expose these types of crimes,” said Jerry Polk, Acting Special Agent in Charge, EPA OIG Atlanta Field Office.

Paul Martin, NASA Inspector General, congratulated the prosecution team and noted that, “The NASA Office of Inspector General is committed to ensuring aggressive oversight of taxpayer funds used for scientific research by NASA contractors and grantees.”        

This case was investigated by Defense Criminal Investigative Service (DCIS), National Aeronautics and Space Administration’s Office of the Inspector General (NASA-OIG), the Major Procurement Fraud Unit (MPFU) of the United States Army Criminal Investigation Division (Army CID), National Science Foundation’s Office of the Inspector General (NSF-OIG), the Environmental Protection Agency’s Office of the Inspector General (EPA-OIG), the Department of Energy’s Office of the Inspector General (DOE-OIG), and the Department of Homeland Security’s Office of the Inspector General (DHS-OIG). It is being prosecuted by Assistant United States Attorney Thomas N. Palermo.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Joshua Gilliland (31) and Chawalit (“Chow”) Wongkhiao (28), both of Jacksonville, with conspiracy to commit wire fraud and conspiracy to commit money laundering. If convicted on all counts, each faces a maximum penalty of 30 years in federal prison. The indictment also notifies both men that the United States intends to seek forfeiture of $1.13 million, which represents the proceeds of the wire fraud offense, and $4,104,823, the amount of money involved in the money laundering offense.

According to the indictment, Gilliland and Wongkhiao, doing business as Allied Markets LLC, solicited money for purported investments in foreign currency exchange (“forex”) transactions. Between March 2012 and July 2014, based on their representations, investors gave them substantial amounts of money. Contrary to their representations, Gilliland and Wongkhiao allegedly invested only about one-fifth of the total investors’ funds in forex transactions, which resulted in a loss. A large portion of the funds were used for personal expenses, including cash withdrawals, rent, furnishings, clothing, travel, food, and entertainment. They also used some of the funds received from later investors to pay off earlier investors.

An indictment is merely a formal charge that a defendant has committed a violation of one of more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, the Florida Office of Financial Regulation, and the Jacksonville Beach Police Department. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Chad Jason Lansford (29, Jacksonville) with advertising for child pornography. If convicted, he faces a mandatory minimum penalty of 15 years, up to 30 years, in federal prison, and a potential life term of supervision. During his initial court appearance, Lansford was ordered detained pending his arraignment and detention hearing scheduled for March 24, 2015.  

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty.

This case was investigated by the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Tampa, FL – United States Attorney A. Lee Bentley, III announces that Ankana Pecault Stovall (47, Riverview) has pleaded guilty to an indictment charging her with conspiracy to pay gratuities and supplement the salary of members of the U.S. military in order to gain favorable contracting treatment in Iraq. She faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set. The indictment also notifies Stovall that the United States is seeking a money judgment in the amount of $19,500.

Two co-conspirators, U.S. Army Master Gunnery Sergeant Timothy Lerone Benton (Virginia) and U.S. Army First Sergeant Richard Allen Smith (Delaware), previously pleaded guilty in federal court in Tampa to accepting gratuities from Stovall during their time in Iraq in exchange for preferential contracting treatment for Stovall and her associated contracting companies.

According to court documents, between June 2007 and October 2009, Stovall was working for a defense contractor in Iraq and operating her own Riverview-based contracting company, Logistics Support and Services Company (“LSS”), which were both doing business with the U.S. military on Camp Liberty in Baghdad. Stovall was involved in a personal and financial relationship with Benton, who used his official position in Iraq to benefit Stovall, LSS, and Stovall’s employer by escorting trucks loaded with furniture, gravel, and other supplies through Camp Liberty to circumvent the required security procedures on the base. For his assistance, Stovall would pay Benton cash. Benton also assisted Stovall and LSS in receiving cash purchase orders for supplies through his unit at Camp Liberty, including two 47-inch LCD televisions for $6,400 and 100 digital cables for $5,500. After Benton returned from Iraq, Stovall used LSS funds to pay for a vacation to the Bahamas for her and Benton. Later that year, she gave Benton a $5,000, no-interest loan. In early 2010, Benton used his official position at the Pentagon to draft two official memoranda sponsoring and endorsing Stovall and LSS to conduct business on Camp Liberty.

In addition to the payments to Benton, Stovall regularly made cash payments in the amount of $3,000 to Smith on behalf of her employer. Smith was the U.S. government employee in charge of the motor pool on Camp Liberty and was responsible for assigning military vehicle maintenance work to contractors. On multiple occasions, Stovall made cash payments to Smith to ensure that her employer would receive favorable treatment and contracts to perform work at the motor pool.

This case was investigated by the Defense Criminal Investigative Service, the United States Army – Criminal Investigation Command, and the Naval Criminal Investigative Service. It is being prosecuted by Assistant United States Attorney Josephine W. Thomas.

Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Stephany West (51, Bradenton) today pleaded guilty to theft of federal funds. She faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, from June 2, 2008, until September 19, 2013, West, a/k/a “Stephany Shaw,” was employed as the Project Director of the Bradenton Housing Authority (“BHA”). The BHA is a local housing authority agency of the City of Bradenton and received $10,000 or more in federal funds from the United States Department of Housing and Urban Development.

Between September 2010 and September 2013, West was routinely absent from the BHA and engaged in non-BHA activities during work hours. She failed to take annual or sick leave for these absences, and accepted her regular salary for work. From September 2010 through September 2012, West was absent and engaged in non-BHA activities at least 25 percent of the time. Between September 2012 and September 19, 2013, West was absent and engaged in non-BHA activities approximately 50 percent of the time. In total, West stole and knowingly converted to her own use approximately $73,783. from the BHA by taking salary, benefits, and bonuses that she had not earned and to which she was not entitled. She stole another $30,767.60 by cashing out unused annual and sick leave, which she should have otherwise used while spending work hours attending to personal affairs. Thus, West’s actions caused a total loss to the BHA of approximately $104,550.

This case was investigated by the U.S. Department of Housing and Urban Development - Office of Inspector General, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Bradenton Police Department. It is being prosecuted by Assistant United States Attorney Jennifer L. Peresie.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced William Demethris Bass (40, Oviedo) to 15 years in federal prison for bank robbery. He pleaded guilty on November 4, 2014.

According to court documents, Bass robbed three Orlando-area banks. He robbed a SunTrust Bank branch on June 10, 2014, and two different Fairwinds Credit Union branches on June 14, 2014. Bass continued his spree of robberies in Hinesville, Georgia, and he faces additional federal charges in the Southern District of Georgia.

This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Embry J. Kidd.

Orlando, FL – Adventist Health System Sunbelt Healthcare Corporation (Adventist) has agreed to pay $5,412,502 to resolve claims that it violated the False Claims Act by providing radiation oncology services to Medicare and TRICARE beneficiaries that were not directly supervised by radiation oncologists or similarly qualified persons, the Department of Justice announced today.  Adventist is a non-profit healthcare organization operating a large network of hospitals in the South and the Midwest, and doing business in Florida as Florida Hospital.        

“Today’s settlement demonstrates our continued vigilance to ensure that federal health care beneficiaries receive the highest quality of patient care,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division.  “It is critical that health care providers adequately supervise the services they provide to their patients.”

Radiation oncology services provided to patients served by Medicare and TRICARE, the Department of Defense’s health care program, must be directly supervised by a radiation oncologist or similarly qualified personnel.  The United States alleged that, from Jan. 1, 2010, through Dec. 31, 2013, Adventist violated this supervision requirement for radiation oncology services provided to federal health care program beneficiaries at several Florida locations, including in Altamonte Springs, Daytona Beach, Deland, Kissimmee, Orange City, Orlando, Palm Coast and Winter Park.  These services included radiation simulation, dosimetry, radiation treatment delivery and devices, and intensity-modulated radiation therapy.

“Medicare and TRICARE patients deserve high quality health care,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida.  “We will not tolerate providers recklessly cutting corners, particularly when furnishing such critical medical services as radiation oncology.”

The settlement partially resolves allegations made in a qui tam lawsuit under the False Claims Act filed in Tampa, Florida, by Dr. Michael Montejo, a radiation oncologist and former employee of Florida Oncology Network P.A., a radiation oncology group.  The act permits private individuals to sue on behalf of the government for false claims and to share in any recovery.  Montejo will receive $1,082,500 as his share of the recovery.

“Providing proper supervision of radiation oncology services is an important requirement in federal health care programs such as Medicare,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General. “Our agency will continue to hold health care providers accountable for meeting the requirements in these taxpayer-funded programs.”

This settlement illustrates the government’s emphasis on combating healthcare fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused on efforts to reduce and prevent Medicare and Medicaid fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $23.8 billion through False Claims Act cases, with more than $15.2 billion of that amount recovered in cases involving fraud against federal health care programs.

The settlement was the result of a coordinated investigation between the U.S. Attorney’s Office for the Middle District of Florida, the Civil Division’s Commercial Litigation Branch and the U.S. Department of Health and Human Services’ Office of Inspector General.   

The case is captioned United States ex rel. Montejo v. Adventist Health System Sunbelt Healthcare Corp., Case No. 8:13-CV-206-T-23AEP (M.D. Fla.).  The claims resolved by the settlement are allegations only, and there has been no determination of liability.

Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Anthony Vincent Burkitt, a/k/a “Vincent Thomas Wolfe,” (45, Jacksonville) to 27 months in federal prison for failing to register as sex offender after traveling to Florida from Maryland. He pleaded guilty on December 5, 2014. Burkitt has been in custody since his arrest on April 13, 2014.   

According to court documents, on or about June 24, 2002, Burkitt was convicted of attempted second degree rape in Baltimore County, Maryland.  Subsequent to his conviction, and after being released from prison, he traveled from Maryland to Jacksonville, where he established residency in February 2013, but failed to register as a sex offender as required by the federal Sex Offender Registration and Notification Act. On April 13, 2014, a Jacksonville Sheriff’s Office deputy was dispatched to a residence in Jacksonville, in reference to a domestic disturbance. At the time, Burkitt was living at the residence under the alias “Vincent Thomas Wolfe” and was arrested. Further investigation revealed that he was a sex offender, and that he had been living in Jacksonville since February 2013 without registering as required by law.

The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act provides for the use of federal law enforcement resources, including the United States Marshals Service (USMS), to assist state and local authorities in locating and apprehending non-compliant sex offenders. This case was investigated by the Jacksonville Sheriff’s Office, the USMS, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorneys D. Rodney Brown and Kelly S. Karase.

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

Tampa, FL – Gilbane Building Company will pay the United States $1.1 million to resolve allegations that W.G. Mills Incorporated – a company with which Gilbane merged in November 2010 – violated the False Claims Act by creating a front company, Veterans Constructors Incorporated (VCI), in order to be awarded a Coast Guard contract that was designated for Service Disabled Veteran Owned Small Businesses (SDVOSBs), the Justice Department announced today.  The Justice Department also announced that VCI has agreed to pay the United States $50,000 plus five annual contingency payments equal to one percent of VCI’s total annual revenues to resolve these same allegations.

“Those who seek to do business with the government must do so fairly and honestly,” said Acting Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division.  “We will not tolerate contractors who seek to profit at the expense of our veterans and taxpayers.”

“Those who apply for federal contracts must be honest and forthright in their dealings, especially when seeking contracts set aside for service-disabled veterans,” said U.S. Attorney A. Lee Bentley III of the Middle District of Florida.  “Working jointly with DOJ and our agency partners has allowed us to make substantial recoveries in these types of cases in recent months. Our office remains committed to pursuing these matters vigorously.”

To qualify as a SDVOSB, a company must be operated and managed by service-disabled veterans and must not be affiliated with a large company.  The government alleged that W.G. Mills created VCI merely as a contracting vehicle and that VCI’s affiliation with W.G. Mills rendered it ineligible to be awarded set-aside contracts for SDVOSBs.  The government further alleged that W.G. Mills performed the work that VCI was required to perform under the Coast Guard contract, and alleged that if the Coast Guard and the Small Business Administration (SBA) had known that VCI was nothing but a front company, the Coast Guard would not have awarded it the contract.

“Providing the government false information to gain access to set-aside contracts is unacceptable,” said Inspector General Peggy E. Gustafson of the SBA.  “The OIG will aggressively investigate such misrepresentations to ensure only eligible businesses are awarded these contracts.  I want to thank the U.S. Department of Justice for its dedication to pursuing justice in this case.”

“SBA’s contracting programs, including the Service-Disabled Veteran-Owned Small Business Program, provide eligible small businesses with the opportunity to grow and create jobs,” said General Counsel Melvin F. Williams Jr of the SBA.  “SBA has no tolerance for fraud or abuse in any government contracting program and is committed to working with our federal partners to ensure the benefits of these programs flow only to the intended recipients.”

This case was investigated jointly by Assistant U.S. Attorney Charles Harden of the United States Attorney’s Office for the Middle District of Florida; Trial Attorney David Finkelstein of the Commercial Litigation Branch of the Justice Department’s Civil Division; Adam Kaplan, Assistant Counsel to the Inspector General of the U.S. Small Business Administration; Trial Attorney Sabrina Daly of the Office of General Counsel for the U.S. Small Business Administration; and Kevin Kupperbusch, Supervisory Special Agent of the Atlanta office of the Inspector General of the U.S. Small Business Administration.

The settlement resolves allegations originally filed in a lawsuit by Michael Jeske and Samuel McIntosh.  The investigation was a coordinated effort among the Civil Division, the U.S. Attorney’s Office for the Middle District of Florida, and the SBA’s Office of Inspector General (OIG).  The lawsuit was filed in the Middle District of Florida and is captioned United States ex rel. Michael Jeske and Samuel McIntosh v. Gilbane Building Company, W.G. Mills, Inc., and Veterans Constructors Inc., Case No. 8:11-cv-1205 (M.D. Fla.).

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

Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Male Yahaira Rivera (35, Orlando) today pleaded guilty to embezzlement from a federally insured credit union. She faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been set.

According to court documents, Rivera was an Assistant Branch Manager of Fairwinds Credit Union. Over a period of about 10 months, she stole $258,000 in cash from the credit union.  Funds were taken on 16 separate occasions in amounts ranging from $2,000 to $40,000. Each of the thefts involved cash that was supposed to be deposited into an ATM machine or cash that was removed from an ATM machine.  Rivera used more than $44,000 as a partial payment for a Porsche.

This case was investigated by the United States Secret Service. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.

Jacksonville, Florida - U.S. Attorney A. Lee Bentley, III announces that the United States has settled allegations that a Jacksonville-based dermatology practice knowingly billed the government for services that were cosmetic in nature and not medically necessary, as well as “up-coded” certain bills to receive higher than allowed reimbursement. The allegations resolved included liability under the False Claims Act (FCA).

The government announced today that it has reached a settlement with the defendant, Coastal Dermatology, and the physician who owned the practice – Dr. Sanjiva Goyal. In reaching this settlement, the parties resolved allegations that from January 1, 2009, until April 2014, Dr. Goyal operated a dermatology practice that routinely had a practice of billing for cosmetic dermatological procedures, billing for services when all the Medicare and TRICARE requirements were not established, and billing for services at a higher rate of reimbursement than appropriate. The government agreed to accept $787,814 to resolve these allegations.

This settlement involved false claims submitted to both the Medicare and TRICARE programs. This case was developed by proactively mining healthcare reimbursement data.  In mining through this data, Coastal Dermatology was identified as a top biller of procedures related to skin lesion removal procedures and removal of inflamed seborrheic keratoses. Among the 3,814 TRICARE-participating dermatologists in the South Region, Coastal Dermatology was number one in terms of billings for lesion removals.

"The United States Attorney's Office is committed to taking the steps necessary to protect Medicare, TRICARE, and other federal health care programs from fraud," said U.S. Attorney Bentley.  "By bringing FCA cases such as this, we hope to recover funds obtained through the fraud and deter others from attempting similar schemes."

"Patients unable to receive necessary medical care suffer the cost of Medicare fraud when those funds are purposely stolen and diverted to pay for uncovered voluntary procedures," stated Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General. "We will continue to work with our law enforcement partners to protect the integrity of entitlement programs like Medicare."

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Department of Justice and the Department of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $19 billion through False Claims Act cases, with more than $13.4 billion of that amount recovered in cases involving fraud against federal health care programs.

"This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program," said Special Agent in Charge John F. Khin, Southeast Field Office.  “DCIS' aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees."

This case was investigated by the Defense Criminal Investigative Service (DCIS), Health and Human Services Office of Inspector General (HHS/OIG), HHS Office of Counsel to Inspector General (HHS/OCIG), the Defense Health Agency Program Integrity Office, and Assistant United States Attorney Jason Mehta.

The claims resolved by this settlement are allegations only, and there has been no determination of liability.

Fort Myers, Florida – United States District Judge John E. Steele has sentenced William G. Roberts (55, St. Petersburg) to 12 years in federal prison for receiving, possessing, and distributing child pornography. The Court also ordered him to serve a life term of supervision following his release from prison, and to register as a sex offender. Roberts pleaded guilty on December 11, 2014.

According to court documents, Roberts sought out and caused a nine-year-old child to engage in sexually explicit conduct for the purpose of producing videos of the explicit conduct. The child was directed by Roberts to upload the requested videos to his private YouTube account. The child’s mother discovered the explicit videos and chats and contacted police. Subsequent investigation by law enforcement identified Roberts as the individual with whom the child had been communicating.

This case was investigated by the Federal Bureau of Investigation, Child Exploitation Unit and the Cape Coral Police Department. It was prosecuted by Assistant United States Attorney Tama Koss Caldarone.

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

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Lonzine Adams (58, Sarasota) to 15 years in federal prison for being a felon in possession of a firearm and for possessing with the intent to distribute crack cocaine. The Court also ordered him to forfeit the firearm and ammunition. Adams pleaded guilty on July 15, 2014.

According to court documents, a confidential informant purchased drugs from Adams on two occasions at his store in Sarasota. Law enforcement officers then obtained a search warrant for “Bud’s Store” and found Adams in possession of a revolver and ammunition. Officers also found crack cocaine, which was intended for sale, and $12,000 in cash, which were the proceeds of Adams’s drug sales.

Adams had multiple prior felonies, including at least four convictions related to the sale of cocaine. As a convicted felon, he was prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.

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

Orlando, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Robert Lee Craddock (54, Port Orange) with wire fraud arising out of a scheme to defraud the compensation fund established as a result of the Deepwater Horizon oil spill in 2010. If convicted, he faces a maximum penalty of 20 years in federal prison. The indictment also notifies Craddock that the United States is seeking a money judgment in the amount of $135,153, the proceeds of the charged criminal conduct.

According to the indictment, following the April 2010 explosion of the Deepwater Horizon oil rig (which was being leased by BP, formerly known as British Petroleum), Craddock submitted a claim to BP and the Gulf Coast Claims Facility (“GCCF”), an independent facility established by BP to compensate qualified claimants, for lost earnings purportedly related to the impact of the oil spill on his businesses. As part of the scheme, Craddock crafted fictitious invoices to support the amount of lost earnings that he claimed. The fraudulent scheme resulted in BP and GCCF transmitting a total of $135,153 to Craddock.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless,  and until, proven guilty.

This case was investigated by the United States Secret Service. It will be prosecuted by Assistant United States Attorney Embry J. Kidd.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Dr. Russell Sachs (56, Green Cove Springs) with four counts of dispensing and distributing, and causing to be dispensed and distributed, certain Schedule II and IV controlled substances to patients that were outside the usual course of professional practice and for no legitimate medical purpose. Count one also charges Sachs with dispensing controlled substances that resulted in the death of a patient. If convicted, he faces a mandatory minimum of 20 years, up to life, in federal prison on count one and up to 20 years’ imprisonment on each of the remaining three counts in the indictment.

According to the indictment, Dr. Sachs, a licensed medical doctor in Florida, owned and operated Physician Pain Management in Green Cove Springs. On various dates between 2011 and 2012, he dispensed and distributed, and caused to be dispensed and distributed, various combinations of the following controlled substances, outside the usual course of professional practice and for no legitimate medical purpose: alprazolam (Xanax), carisoprodol (Soma), clonazepam, hydromorphone (Dilaudid), methadone, morphine, and oxycodone.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless,  and until, proven guilty.    

This case was investigated by the Drug Enforcement Administration and the Internal Revenue Service - Criminal Investigation. It will be prosecuted by Assistant United States Attorney Diidri W. Robinson.

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Wei Zhang, a/k/a David Liteng (35, Tianjin, China) has pleaded guilty to conspiracy to import controlled substance analogues (synthetic cannabinoids), knowing that they were intended for human consumption. He also pleaded guilty to two counts of aiding and abetting the importation of controlled substances and cathinones, also known as “bath salts.” Zhang faces a maximum penalty of 60 years in federal prison. A sentencing date has not yet been scheduled.

According to the plea agreement, in late 2010, an individual met with Dan and Kevin Louie, the owners and operators of Source1Herbs, in Toronto, Canada. Source1Herbs was a large wholesale business that sold synthetic cannabinoids and cathinones. This individual met with the owners and learned that their Chinese-based supplier was Wei Zhang, a/k/a “David Liteng.” In October 2010, the individual made contact with Zhang and discussed ordering chemicals from him directly. In late February 2011, the individual and his business partner traveled to China and met with suppliers, including Zhang. During these meetings, the individual and Zhang discussed finding a replacement chemical for (1-napthoyl)indole (JWH-018), which was set to be temporarily listed as a Schedule I controlled substance by the DEA on March 1, 2011. As a result of the meeting, the individual obtained a more favorable pricing from Zhang for synthetic chemicals. Zhang, having a significant chemistry background, explained the best chemical alternatives for JWH-018 that would give the end user a similar high, including stimulant and hallucinogenic effects.

On March 1, 2011, Zhang and others exchanged e-mail communications (including news articles) for specific chemicals banned that day, which included JWH-018. One such e-mail from Zhang states, “Hi we know there will be ban jwh and similar product on 1th (sic) march. Pls let me know what happen tomorrow.” When JWH-018 was placed on the DEA’s banned list, Zhang and others began selling other chemicals, including AM-2201, JWH-081, JWH-122, JWH-203, JWH-210, and JWH-250. Zhang routinely shipped large quantities of those chemicals to customers in the United States, Russia, and Europe, distributing a portion of the synthetic cannabinoids through mailing facilities in the Middle District of Florida. From March 2011 through February 2012, Zhang shipped approximately 798 kilograms of these chemicals to the individual. In addition, he supplied Source1Herbs with large quantities of synthetic cannabinoids and cathinones.

On May 7, 2014, the United States Treasury Department - Office of Foreign Asset Control (OFAC) used the Kingpin Act to designate Source1Herbs and Dan and Kevin Louie, both Canadian nationals, on the Specially Designated National (SDN) List. The Kingpin Act permits the imposition of economic sanctions to preclude a variety of worldwide economic transactions.

In July 2013, the Zhang and the individual had several discussions about synthetic cannabinoids, the latest trends in the worldwide industry, and the controlled status of certain chemicals, including UR-144, 5F-UR-144, and RCS-4. Zhang sent the individual various samples of synthetic chemicals known as 5 Meo Dalt (a synthetic cathinone), A834, 5F-UR-144, JWH-308, and WIN48098. Zhang also discussed emerging synthetic cannabinoids PB-22 and 5F-PB-22, both of which were controlled substance analogues of JWH-018 at the time, and then later a Schedule I controlled substance. After receiving a spreadsheet of Zhang’s inventory, the individual negotiated a purchase deal with Zhang for large quantities of UR-144, 5F-UR-144, and RCS-4. The negotiated price for approximately 773 kilograms of chemicals was $265,000, and Zhang agreed to provide the chemicals on consignment. Zhang agreed to ship mislabeled parcels containing 2 or 3 kilograms of those substances per parcel to various mailing facilities within the Middle District of Florida.

From February 3, 2014, through May 16, 2014, Homeland Security Investigations received 48 packages containing 144 kilograms of UR-144, 47 packages containing 106 kilograms of 5F-UR-144 (XLR-11), and 8 packages containing 16 kilograms of RCS-4.  During the receipt of those packages, the individual further negotiated to pay Zhang $150,000 for the 266 kilograms of Schedule I controlled substances. In April 2014, Zhang traveled to the United States to retrieve $150,000 in cash for the substances, where he was ultimately arrested.

This case was investigated by U.S. Immigration and Customs Enforcement Homeland Security Investigations, the Jacksonville Sheriff’s Office, and the North Florida High Intensity Drug Trafficking Area Task Force, as part of the Special Operations Division Project Synergy. The Special Operations Division, along with the Narcotic and Dangerous Drug Section of the Department of Justice, coordinated Project Synergy to investigate and prosecute the leaders in the synthetic drug business, both domestically and internationally. The Office of International Affairs in the Justice Department’s Criminal Division also provided assistance. This case is being prosecuted by Assistant United States Attorney A. Tysen Duva.

Jacksonville, Florida. – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Orange Park residents Paul Reynolds Friel, Jr. (47) and Marisol Del Carmen Rodriguez Chavarria (39) with conspiracy to commit visa fraud. Additionally, Friel has been charged with four separate counts of making a materially false statement. If convicted on all counts, Friel faces a maximum penalty of 25 years in federal prison. Rodriguez faces a maximum penalty of 5 years in prison.

According to the indictment, Friel was an officer with U.S. Citizenship and Immigration Services, which is part of the Department of Homeland Security. The indictment alleges that beginning in September 2007, he conspired with Rodriguez, a citizen of Nicaragua, for her to enter into a sham marriage with another man. That individual, Luis Aguilar, has been charged separately in another case. Friel allegedly conspired with Rodriguez and Aguilar to make false representations in applying for a visa that would enable Rodriguez to travel to the United States as Aguilar’s spouse. Friel paid for air travel for Aguilar and himself for the wedding of Aguilar to Rodriguez, which occurred in Nicaragua in January 2008. He also paid for Aguilar’s air travel to attend a visa interview in Nicaragua in November 2010, and for Rodriguez’s air travel to Florida in December 2010, after she was issued a visa. The indictment alleges that Friel assisted Rodriguez and Aguilar in filling out immigration forms, and that he loaned $3,500 to Aguilar in order to falsely portray Aguilar’s financial condition in an affidavit submitted to the State Department. Additionally, Friel coached Aguilar on what questions might be asked of him at the visa interview in order to detect relationship fraud. In December 2010, Rodriguez was issued a visa that enabled her to travel to the United States as Aguilar’s spouse. However, the indictment alleges that in or around March 2011, she moved in with Friel and that they had a romantic relationship. Subsequently, Rodriguez and Friel were married.

Friel is also charged with making materially false statements, including during a background investigation for a national security clearance. It is alleged that in December 2011, he failed to disclose his relationship with Rodriguez as his cohabitant, and failed to disclose his contact with her during the preceding seven years, as a foreign national, in connection with a background investigation done by the U.S. Department of Homeland Security and Office of Personnel Management. Rodriguez is a resident alien, not a U.S. citizen.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless,  and until, proven guilty.

On March 12, 2015, Friel and Rodriguez made their initial appearance before United States Magistrate Judge Patricia D. Barksdale. They were released on bond. An arraignment for Friel and Rodriguez has been scheduled for March 16 and 17, 2015, respectively.

This case was investigated by the U.S. Department of Homeland Security, Office of Inspector General, and the Jacksonville office of the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Dale Campion.

Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Matthew William McLean (26, Minneapolis) to 31 years and 6 months in federal prison for attempting to transport a minor with the intent to engage in criminal sexual activity, and for committing a felony sex offense as a registered sex offender.  He pleaded guilty on November 20, 2014.

According to court documents, McLean, a registered sex offender from Minnesota, traveled to Tampa to meet a 14-year-old minor with whom he had been corresponding with over the Internet. McLean picked the minor up from her house, brought her to the Greyhound bus station, and purchased two bus tickets to Brownsville, Texas. Upon discovering that the minor was missing, her family contacted law enforcement, who determined that McLean and the minor were on a Greyhound bus that had stopped in Tallahassee. Law enforcement officers recovered the minor victim and arrested McLean. McLean and the minor admitted that they had engaged in sex acts on the bus while traveling from Tampa to Tallahassee.

This case was investigated by the Hillsborough County Sheriff’s Office, the Tallahassee Police Department, and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Stacie B. Harris.

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

Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today the return of an indictment charging Gioacchino “Jack” Campo (56, Palm Coast) with two counts of receiving child pornography and one count of possessing child pornography. If convicted, he faces a mandatory minimum penalty of 5 years, up to a maximum of 20 years, in federal prison for each receipt count and up to 10 years in prison for the possession count. Campo was arrested at his home on March 9, 2015.   

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty.

This case was investigated by the Federal Bureau of Investigation, Jacksonville and Daytona Beach Offices. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

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.

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, 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.

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, 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.

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.

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, 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.

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.

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.

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.

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.

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.

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, 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.

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.

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.

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.

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.

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.