FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
Convicted Felon Sentenced to 15 Years in Prison for Possession of A FirearmRead the Press Release
Ocala, Florida – Senior United States District Judge Wm. Terrell Hodges yesterday sentenced Ish’Mael M. Cassells (31, Ocala) to 15 years in federal prison for possession of a firearm by a previously convicted felon. He pleaded guilty on July 24, 2014.
According to court documents, from April 22, 2014, through May 8, 2014, Cassells sold firearms, including .380 and .40 caliber pistols and a .22 caliber semi-automatic rifle, and prescription pain pills to a confidential informant working with law enforcement.
On May 23, 2014, agents executed a federal search warrant at Cassells’s residence in Ocala. During an interview with law enforcement at the residence, Cassells admitted that he was a convicted felon, and that he had sold both drugs and firearms to the confidential informant. As a previously convicted felon, Cassells was prohibited from possessing a firearm or ammunition under federal law. In addition, his numerous state convictions for sales of cocaine qualified him for an enhanced penalty under the federal Armed Career Criminal statute.
This case was investigated by the Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF), and the Marion County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Trevor Velinor, Acting Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline strategy to reduce violence in communities.
Last Individual Sentenced in Cuban Alien Smuggling ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich yesterday sentenced Yoel Emilio Baez-Hernandez (41, Hialeah) to five years in federal prison for conspiring to bring 73 illegal Cuban aliens to the United States and for bringing 13 illegal Cuban aliens to the United States. The Court also ordered Baez-Hernandez to pay a $73,000.00 fine and to forfeit an outboard motor go-fast vessel, a 2006 BMW vehicle, a liquor store license, equipment, and inventory that are traceable to proceeds of the offenses. As part of his sentence, the Court also entered a money judgment in the amount of $730,000.00, the proceeds of the charged criminal conduct. A federal jury found Baez-Hernandez guilty on July 2, 2014.
According to court testimony and documents, Baez-Hernandez and his cousin, Edel Mesa-Hernandez (36, Miami), approached Carlos Velazquez-Roman (41, North Port) in late 2006 or early 2007, and suggested they start smuggling Cubans into the United States for profit, using a duel outboard engine go-fast vessel that Baez-Hernandez had purchased for that purpose. Between March 2007 and December 2009, at least 73 illegal aliens were smuggled into the United States. The smugglers charged an average of $10,000 per alien smuggled. One of the last trips made before Baez-Hernandez left the conspiracy was in May 2009, when Velazquez-Roman and Baez-Hernandez traveled to Cuba and smuggled 13 Cuban aliens into the United States, including Baez-Hernandez’s aunt. The conspiracy continued after December 2009, when Velazquez-Roman purchased another go-fast vessel. He and Mesa-Hernandez made additional trips to Cuba to smuggle more aliens into the United States. The last such trip took place in October 2013.
Altogether, the conspiracy accounted for more than 150 illegal Cuban aliens being brought into the United States between 2007 and 2013. Also assisting in this conspiracy were Jasmine Santos-Martinez (41, North Port), the spouse of Velazquez-Roman, Mario Emilio Tamayo-Mejias (52, Port Charlotte), who assisted Velazquez-Roman on a smuggling trip in May 2013, and Amable Gonzalez-Mandin (56, Hialeah), who made arrangements for two illegal Cuban aliens to be smuggled into the United States in May 2013.
Carlos Velazquez-Roman pleaded guilty on June 6, 2014. He was sentenced on September 10, 2014, to four years’ imprisonment and ordered to pay a money judgment in the amount of $1.53 million. In addition, he was ordered to forfeit his residence and other property, a vehicle, his go-fast vessel, and $30,000.00 that was found in his home.
Jasmine Santos-Martinez pleaded guilty on May 21, 2014. She was sentenced on September 10, 2014, to time served--approximately six months and five days. She was also ordered to pay a money judgment in the amount of $1.53 million, in addition to forfeiting her residence and other property, a vehicle, the go-fast vessel, and $30,000.00 found in her home.
Mario Emilio Tamayo-Mejias pleaded guilty on June 6, 2014. He was sentenced on September 10, 2014, to five years’ probation and ordered to pay a money judgment in the amount of $50,000.00.
Amable Gonzalez-Mandin pleaded guilty on May 27, 2014. He was sentenced to five years’ probation on September 10, 2014.
Edel Mesa-Hernandez pleaded guilty on April 29, 2014. He was sentenced on August 1, 2014, to one year and one day imprisonment, and ordered to pay a money judgment in the amount of $1.53 million.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), U.S. Border Patrol, and the U.S. Coast Guard Investigative Service. It was prosecuted by Assistant United States Attorney Donald L. Hansen.
Deltona Felon Sentenced to 7 Years in Federal Prison for Possessing A FirearmRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron sentenced Olajuwon Perry (28, Deltona) today to seven years in federal prison for being a felon in possession of a firearm. Perry pleaded guilty on June 24, 2014.
According to court documents, on December 23, 2012, in Sanford, Perry drove a Chevrolet Lumina in a reckless manner and failed to stop at a stop sign. When deputies from the Seminole County Sheriff’s Office attempted to stop him, Perry drove the car into the front yard of a residence. Perry, the sole occupant of the vehicle, exited and ran inside the residence. Deputies recovered a loaded AK-47 firearm from the front passenger seat of the vehicle. Perry claimed that he had not been driving the vehicle; however, authorities found his fingerprints in the car.
Perry had previously been convicted of multiple felony offenses prior to this incident, including convictions for robbery and battery upon a person 65 years or older. As such, he was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Seminole County Sheriff’s Office and 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 Trevor Velinor, Acting 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.
Orlando Man Sentenced to More Than 24 Years for Distributing and Possessing Child PornographyRead the Press Release
Orlando, FL – U.S. District Judge Carlos E. Mendoza sentenced Louie Anthony Salemi (33, Orlando) yesterday to 19 years and seven months in federal prison for distribution of child pornography, to be followed by a consecutive term of four years and 10 months’ imprisonment for possession of child pornography. He was also sentenced to a lifetime of supervision. Salemi pleaded guilty on May 2, 2014.
According to court documents, pursuant to a search warrant, the FBI conducted a forensic examination of Salemi’s cell phone and computer. More than more than 3,200 images and 20 videos of child pornography were found on his devices, all of which depicted prepubescent children. The forensic examination also determined that Salemi had distributed child pornography at least 79 times.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Christopher LaForgia.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Lakeland Couple Sentenced for Bank Fraud ConspiracyRead the Press Release
Tampa, Florida – United States District Judge Virginia Covington yesterday sentenced Lakeland residents Jovanna Deshawn Forte (39) and William Boyd Burns (45) each to 51 months in federal prison for conspiracy to commit bank fraud. Both pleaded guilty in May 2014. The Court also entered a money judgment in the amount of $385,450, the proceeds of the bank fraud. Forte and Burns were ordered to pay restitution to Wachovia Bank, SunTrust Bank, and Mid-Florida Federal Credit Union.
According to court documents, Forte and Burns used other individuals’ accounts at local banks to deposit third-party checks that were written to the account holders, in amounts ranging from $1,500 to $3,600. These third-party checks were fraudulent and false when they were deposited by Forte and Burns because the checks were written on closed accounts and accounts that did not have sufficient funds to pay the amount of the check. The checks were deposited into these accounts by ATM, after the financial institution had closed. Forte and Burns then withdrew or attempted to withdraw funds, both in cash and through debit card purchases, that had been credited to the account from the fraudulent check deposits. The withdrawn funds were used for personal expenditures. Forte and Burns were recorded on video surveillance using nearly 200 accounts at three financial institutions. They obtained at least $385,450 in funds from their withdrawals and purchases.
This case was investigated by the U.S. Postal Inspection Service, Florida Department of Law Enforcement, and the Polk County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Court of Appeals Upholds Convictions and Sentence in Extensive Investment SchemeRead the Press Release
Jacksonville, FL - United States Attorney A. Lee Bentley, III announces that the United States Court of Appeals for the Eleventh Circuit yesterday affirmed the convictions and sentence of Lydia Cladek (70, St. Augustine). On January 26, 2012, a federal jury found Cladek guilty of conspiracy to commit mail and wire fraud, and multiple counts of substantive mail and wire fraud related to a fraudulent investment scheme that resulted in more than $50 million in losses to her victims. Cladek was sentenced on September 20, 2012, to 30 years and four months’ imprisonment.
The evidence presented at trial established that Cladek had encouraged investors, many of whom she cultivated from her church and other social organizations, to invest with her company, Lydia Cladek, Inc. (LCI). Cladek had represented that investments were fully secured by viable collateral, in the form of car loan notes, and that monies invested would be used to purchase additional car loan notes. Instead, Cladek used the investors’ money to purchase high-end properties for herself and to maintain her own lavish lifestyle. She paid interest to existing investors, not with proceeds from car loans, but with the money invested by new investors. Although most of LCI’s employees had been unwitting pawns in her scheme, Cladek’s lead accountant had known that investors were being misled, and she had agreed with Cladek to keep them in the dark.
Cladek appealed her conspiracy conviction and her sentence to the Court of Appeals. She argued that the evidence was insufficient to establish that she had conspired with her lead accountant to defraud investors, and that the District Court had incorrectly determined that she had been an organizer or leader in an extensive criminal activity. Cladek also argued that the Court had overestimated the amount of loss her victims had suffered as a result of her malfeasance. After hearing oral argument, the Court of Appeals rejected Cladek’s argument, stating that there was “more than enough evidence” to support her conspiracy conviction, that it “[could not] fathom how such a scheme could be labeled as anything other than extensive,” and that the District Court “did not err—much less clearly err” in its loss determination.
This case was investigated by the Federal Bureau of Investigation, with the assistance of the Florida Department of Insurance Fraud. It was prosecuted in the District Court by Assistant United States Attorney Jay Taylor. This appeal was handled by Assistant United States Attorney Susan H. Rothstein-Youakim.
Jacksonville Tax Return Preparers SentencedRead the Press Release
Jacksonville, Florida – Senior U.S. District Judge Harvey S. Schlesinger sentenced Troy Solomon today to three years in federal prison for conspiracy to defraud the United States, fraud, and making false statements in the preparation of a tax return. Antonio Gadsden was sentenced today to eight months’ imprisonment for the same offenses. In addition, Solomon and Gadsden were ordered to pay restitution to the Internal Revenue Service in the amounts of $507,382 and $38,337, respectively. Solomon pleaded guilty on January 21, 2014, and Gadsden pleaded guilty on January 22, 2014.
According to court documents, from at least February 1, 2010 through April 16, 2012, Solomon was the owner and operator of Solomon’s Tax Services, LLC, a Jacksonville business that offered tax return preparation services. Solomon and his employees, including Gadsden, prepared and filed with the IRS hundreds of individual tax returns for clients during this time period. In preparing the tax returns, Solomon and Gadsden knowingly used false Schedule C income and expenses, and fictitious Schedule A itemized deductions, including moving expenses and education expenses, in order to maximize the Earned Income Credit and refunds received. Solomon’s conduct resulted in a tax loss to the United States of at least $507,382. During the same time period, Gadsden’s conduct resulted in a tax loss of at least $38,337.
This case was investigated by Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
Former Federal Corrections Officer Pleads Guilty to Bribery ChargeRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces that Antoine D. Clark (30, Orlando) pleaded guilty today to an indictment charging him with receipt of a bribe by a public official. He faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Clark was employed as a Corrections Officer by the Federal Bureau of Prisons at the Coleman Federal Correctional Complex, in Sumter County. Based on information from inmates at the facility, agents discovered that Clark had been smuggling tobacco products, alcoholic beverages, cell phones, and pornography into the prison. In exchange for these items, inmates had arranged for Clark to be paid by cash or wire transfers from third parties.
Following his arrest on June 26, 2014, Clark admitted that he had smuggled contraband into the prison in exchange for bribes. He received $28,450.00 in illegal payments, all of which is being forfeited.
This case was investigated by the Department of Justice, Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Eleventh Circuit Affirms Convictions and Sentence of Former “Cast Crete” PresidentRead the Press Release
Tampa, Florida – The United States Court of Appeals for the Eleventh Circuit yesterday affirmed the convictions of John Stanton, III, on charges that he had obstructed the administration of the Internal Revenue Laws and had failed to file tax returns for himself and for his companies, Florida Engineered Construction Products (FECP) and Denouement Strategies. The Court also upheld Stanton’s ten-year sentence for those convictions.
Stanton was the president of FECP, which operated under the name “Cast Crete” and which produced and sold tens of millions of dollars of precast concrete products annually. Despite the fact that FECP reaped handsome annual revenues and paid out tens of millions of dollars to Stanton and others, Stanton failed to file tax returns for FECP for several years and filed returns containing inaccurate information for several other years. He also failed to file tax returns for himself for 2005 and 2007, despite having received millions from FECP during that period. When the Internal Revenue Service (IRS) attempted to investigate FECP’s tax obligations, Stanton provided an investigator with false and misleading documents and information. The District Court found that, as a result of Stanton’s crimes, the IRS had lost more than $50 million in tax revenues—more than $100 million including interest and penalties.
On appeal, Stanton challenged the sufficiency of the evidence at trial, the constitutionality of the statute prohibiting his attempt to obstruct the administration of the Internal Revenue Laws, numerous District Court rulings, and various aspects of his ten-year sentence. The Eleventh Circuit rejected each of these arguments, “conclud[ing] that all of the issues in this appeal lack merit.”
Stanton is currently serving a sentence of ten years’ imprisonment.
This case was investigated by the Internal Revenue Service - Criminal Investigations. It was prosecuted in the District Court by Assistant United States Attorney Matthew Mueller and former Assistant United States Attorney Robert Monk. The appeal was handled by Assistant United States Attorneys Linda Julin McNamara and Todd B. Grandy.
Daytona Beach Felon Sentenced to 15 Years for Possessing A FirearmRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell sentenced Antone T. Adams (25, Daytona Beach) yesterday to 15 years in federal prison for being a felon in possession of a firearm. Adams was indicted on October 9, 2013. He pleaded guilty on February 28, 2014.
According to court documents, on May 14, 2013, Adams sold a firearm and crack cocaine to an undercover agent. He sold the agent a Hi-Point pistol for $500 and 3.9 grams of crack cocaine for $340. Adams was a convicted felon at the time of the transaction and therefore was prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney James D. Mandolfo.
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 Trevor Velinor, Acting 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 violent crime in communities.
Clay County Man Pleads Guilty to Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Gregory Michael McCarty (45, Green Cove Springs) has pleaded guilty to receiving child pornography over the Internet. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison, and a potential life term of supervision. A sentencing date has not yet been set.
According to court documents, an agent with the Florida Department of Law Enforcement (FDLE), in Jacksonville, began an undercover investigation to identify individuals who had access to and/or were trading images and videos of child pornography over the Internet. The agent determined that a host computer in the northeast Florida area was hosting images of child pornography using a peer-to-peer file sharing program. The agent was able to download several files from this computer. Further investigation traced the subscriber information to the residence of Gregory Michael McCarty in Clay County, Florida.
Law enforcement officers subsequently executed a federal search warrant at McCarty's residence and seized several computers and other electronic media. During an interview with agents, McCarty acknowledged that he had been receiving child pornography for about two years, stating that he had some on his external drives “for a long time.” He stated, “I fell into it and never got rid of it and never quit.” McCarty further stated, “I know it was wrong, I just didn’t get rid of it and didn’t, didn’t stop doing whatever I was doing.”
An analysis of McCarty’s computer media revealed that his laptop computer contained at least 18 images of child pornography, and at least 20 videos depicting minors engaged in sexually explicit conduct were found on an external hard disk drive that was connected to the laptop computer.
This case was investigated by the Florida Department of Law Enforcement, the Federal Bureau of Investigation, and the Clay 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 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.usdoj.gov/psc.
Former Chief of Longwood Police Department IndictedRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Thomas S. Jackson (57, Longwood) and Samer S. Majzoub (53, Heathrow) with one count of conspiracy and three counts of bribery concerning programs receiving federal funds. If convicted, each faces a maximum penalty of five years in federal prison for the conspiracy count and ten years’ imprisonment for each bribery count. Jackson was arrested last week in Ashville, North Carolina. He made his initial appearance in the Western District of North Carolina on September 19, 2014, and was released on a bond.
Jackson was the Chief of the Longwood Police Department from 1997 to May 28, 2010. According to the indictment, between October 2007 and the date of Jackson’s retirement from the Longwood Police Department, Majzoub paid Jackson more than $30,000 in bribes, in six different payments. The payments ranged from $3,700 to $6,200. In return, Jackson appointed Majzoub as an officer with the Longwood Police Department. Jackson also gave Majzoub the supervisory titles of Commander, Lieutenant, and Sergeant, and provided Majzoub with badges and credentials that represented him as an officer of the Longwood Police Department. Majzoub is a convicted felon. As a result of his prior federal felony conviction, Majzoub is prohibited from possessing a firearm or ammunition. Under Florida law, a convicted felon is not eligible to be employed or appointed as a law enforcement officer.
An indictment is merely a formal charge that a defendant has committed a violation of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Longwood Police Department. It will be prosecuted by Assistant United States Attorney Roger B. Handberg.
Former Apartment Complex Manager Sentenced to Federal Prison for Embezzlement of Public Housing FundsRead the Press Release
Orlando, FL – U.S. District Judge Roy B. Dalton, Jr. sentenced Liliam Patricia Urbina (46, Sanford) today to one year in federal prison for embezzlement from programs receiving federal funds. As part of her sentence, the Court also entered a money judgment in the amount of $80,168.16, the funds Urbina obtained through the offense. She pleaded guilty on June 3, 2014.
According to court documents, Urbina was employed as the manager of an apartment complex that is owned and operated by the Winter Park Housing Authority. The complex receives federal funding and provides affordable housing. As the manager, Urbina collected rent from the tenants. She deposited some of the payments that she received from tenants into bank accounts that she controlled, and then used the money to pay her own rent and purchase a vehicle for herself.
Urbina provided false information on her initial employment application in order to obtain the position as manager, using her daughter’s social security number and thereby concealing her prior criminal record. She also concealed the year-long criminal conduct by altering the books of the apartment complex that she managed.
This case was investigated by the Department of Housing and Urban Development, Office of Inspector General. It was prosecuted by Assistant United States Attorney Daniel C. Irick.
Tampa Man Sentenced to 30 Years in Prison for Producing Child Pornography on MacDill Air Force BaseRead the Press Release
Tampa, Florida – U.S. District Judge Richard A. Lazzara sentenced Erich Clifford Mandell Ramos (27, Tampa) today to 30 years in federal prison for production of child pornography. The Court also ordered him to serve a lifetime of supervision and to register as a sex offender following his release from prison. He pleaded guilty on June 20, 2014.
According to court documents, Mandell Ramos sexually abused a minor while visiting a home at MacDill Air Force Base. He took sexually explicit photographs of the minor victim and instructed her not to tell her mother. Mandell Ramos paid the minor approximately $20.00. At the time of the offense, the victim was less than 12 years old.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Stacie B. Harris.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.projectsafechildhood.gov.
Oneco Man Found Guilty of Attempted Child EnticementRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury found Erasmo Aguinaga (36, Oneco) guilty today of attempted child enticement. He faces a maximum penalty of life imprisonment. A sentencing hearing has been scheduled for December 12, 2014, at 2:30 p.m. Aguinaga was indicted on April 25, 2013.
According to testimony and evidence presented at trial, on March 23, 2013, Aguinaga used a cellular telephone to induce what he believed was a 14-year-old girl to engage in illegal sexual acts. The individual whom he believed to be a minor was actually an undercover law enforcement officer. Aguinaga drove to what he believed was the minor’s home and was arrested.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the St. Petersburg Police Department, and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Amanda C. Kaiser.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Jacksonville Tax Return Preparer Pleads Guilty to Wire FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Thomas Bandzul (71, Jacksonville) has pleaded guilty to wire fraud. He faces a maximum penalty of 20 years in federal prison. His sentencing hearing has been scheduled for January 13, 2015, before Senior United States District Judge Henry Lee Adams, Jr. Bandzul was indicted on January 30, 2014.
According to court documents, from January 2008 through May 2011, Bandzul was a tax return preparer in Duval and St. Johns counties. He knowingly and willfully made false claims for deductions and credits on 32 tax returns on behalf of his clients, which resulted in additional tax refunds from the IRS. As part of the scheme to defraud, Bandzul would prepare and furnish to his taxpayer client one version of a tax return. He would then make false and fraudulent claims on a separate tax return and electronically file it with the IRS. Bandzul prearranged with his clients to be paid a specified fee out of their anticipated tax refunds. In many cases, Bandzul caused the additional higher tax refunds to be paid to him without his clients’ knowledge or consent. Additionally, Bandzul committed tax fraud on his individual federal tax returns for 2008 and 2009.
The case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Dale R. Campion.
Naples Man Indicted for Two Armed Bank RobberiesRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces an indictment charging John Robert Haldemann (30, Naples) with two counts of armed bank robbery. Each count carries a maximum penalty of 25 years in federal prison. The indictment also notifies Haldemann that the United States is seeking a money judgment in the amount of $12,308.00, the total proceeds of the armed bank robberies.
According to the indictment, on July 12, 2014, Haldemann committed an armed robbery at a Wells Fargo Bank, in Naples. The indictment further alleges that on July 25, 2014, he committed an armed robbery at a Bank of America in Punta Gorda.
An indictment is merely a formal charge that a defendant has committed a violation of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation Violent Crimes Task Force, the Punta Gorda Police Department, the Naples Police Department, and the Collier County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney David G. Lazarus.
Jacksonville Man Pleads Guilty to Conspiracy to Commit Theft of Government Property and Identity TheftRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that George Y. Salameh pleaded guilty yesterday to conspiracy to commit theft of government property and aggravated identity theft. He faces a maximum penalty of five years in federal prison. Salameh was charged by a criminal complaint on May 7, 2013. A sentencing date has not yet been set.
According to the plea agreement, in August 2011, Salameh joined a conspiracy in which a co-conspirator, Abas Issa, would obtain fraudulent tax refund checks and fraudulent tax refund anticipation loan checks from a source in Tampa. Issa would provide the checks to individuals like Salameh who, for a fee, would then deposit the fraudulent checks into a business banking account. Once the checks cleared, Salameh would provide the net proceeds to Issa. Many of the checks involved the identities of deceased individuals who were actually dead at the time the fraudulent tax returns were filed. During 2011, Salameh deposited $129,502.71 in fraudulent tax refund checks or tax refund anticipation loan checks.
This case was investigated by the Internal Revenue Service - Criminal Investigation, the United States Secret Service, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Mac D. Heavener, III.
Yulee Man Charged in Federal Court with Receiving and Distributing Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Nicholas Mitko Clark (21, Yulee) has been charged by a federal criminal complaint with distributing and receiving child pornography. If convicted, he faces a mandatory minimum penalty of five years, up to twenty years in federal prison, and a potential life term of supervision. Clark was arrested on September 11, 2014, at his residence. He was ordered detained pending a hearing on September 18, 2014, at 1:00 p.m., before United States Magistrate Judge James R. Klindt, in Jacksonville.
According to the criminal complaint, during an investigation leading to the arrest of an individual in Canada in 2013, law enforcement discovered communications between the individual in Canada and others relating to child exploitation offenses. Included in the communications were conversations between the Canadian individual and Clark. Specifically, on April 30, 2013, Clark and this individual engaged in an instant message conversation wherein Clark received and distributed images of a minor engaging in sexually explicit conduct. A forensic examination of Clark’s computer revealed additional images of child pornography. In addition, agents located Google search terms such as “young boys on cam” and “teen boy sex” on Clark’s computer, as well as remnants of chats using another messaging service discussing a preference for young and little boys.
Clark was employed as an after-school counselor by a youth development organization in Northeast Florida, and worked with youth through various churches. He also advertises his babysitting and child transportation services on the Internet.
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent until, and unless, proven guilty.
This case was investigated by the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), the Nassau County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Kelly S. Karase.
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.usdoj.gov/psc.
Two Arrested in Identity Theft and Tax Refund SchemeRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the return of an indictment charging two individuals with conspiracy to defraud the United States, multiple counts of aggravated identity theft, wire fraud, and access device fraud. Laura Butler (39) and Cherica Daniels (32), both of Jacksonville, were arrested early Thursday morning. If convicted, the conspiracy charge carries a maximum penalty of five years’ imprisonment. The aggravated identity theft offenses each carry a mandatory prison term of two years, which must be served consecutive to any other term of imprisonment. The maximum penalty for each wire fraud count is 20 years, and the access device fraud count carries a maximum sentence of 10 years in prison.
According to the Indictment, Butler and Daniels agreed and conspired with each other to intentionally and deliberately disrupt the collection of federal income tax by, among other means, filing fraudulent income tax returns. Butler is alleged to have acquired the identification of others through her employment by an insurance company and, along with Daniels, to have filed false and fraudulent income tax returns with the Internal Revenue Service.
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.
The case was investigated by the Internal Revenue Service - Criminal Investigation. Assistant United States Attorney Kelly S. Karase is handling the prosecution of this case.
Three Individuals Charged in Investment SchemeRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Jenifer E. Hoffman (37, Clermont), John C. Boschert (43, Apopka), and Bryan T. Zuzga (37, Coldwater, Michigan) with one count of conspiracy and eleven counts of wire fraud. Hoffman has also been charged with one count of filing a false tax return. If convicted, each faces a maximum penalty of 20 years in federal prison for each conspiracy and wire fraud count. Hoffman faces a maximum penalty of three years’ imprisonment for the false tax return count.
According to court documents, Hoffman, Boschert, and Zuzga defrauded over 100 victims out of more than $10 million, through investments offered in connection with a company called Assured Capital Consultants. As part of their solicitations, the defendants represented to investors that their money would be invested in a Performing Private Placement Investment, and that Boschert had connections to the trading program that was being used. Investors were told that their investments were safe and that none of their money would leave the attorney escrow account that belonged to Zuzga, who was represented as being an attorney licensed in Florida. Investors were further advised that their funds would be used as collateral for a line-of-credit, which would then be used in trading. None of those representations were true.
Zuzga was not an attorney licensed in Florida or any other state, and the funds were not deposited into any escrow account controlled by him. Instead, the three operated a scheme in which money from later investors was paid to earlier investors. The three also used some of the money from the scheme for themselves, including purchasing residences for Hoffman and Zuzga.
In a prior civil proceeding, the United States forfeited two residences belonging to Hoffman and Zuzga, which had been purchased with proceeds from the scheme. The United States obtained over $850,000 from the sale of the two properties. The proceeds from those sales were distributed to the victims of the scheme.
An indictment is merely a formal charge that a defendant has committed a violation 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, the United States Secret Service, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorneys Roger B. Handberg, James Mandolfo, and Nicole M. Andrejko.
Tax Preparer Sentenced to PrisonRead the Press Release
Tampa, FL – U.S. District Judge Steven D. Merryday sentenced Tyree Middleton (38, Riverview) today to ten months in federal prison for preparing fraudulent income tax returns. The Court also ordered him to pay restitution to the Internal Revenue Service, in the amount of $8,000. Middleton was indicted on January 14, 2014. He pleaded guilty on July 1, 2014.
According to court documents, Middleton owned and operated Middleton Financial, LLC, a tax preparation and consulting business located in Tampa. As part of his tax preparation business, Middleton prepared and filed numerous federal income tax returns, for tax years 2008 and 2009, claiming the First Time Homebuyer Credit (“FTHC”) on behalf of his clients. Included with the filings were Internal Revenue Service (“IRS”) were Forms 5405, which laid out each taxpayer’s qualification for the credit.
In many of the returns filed by Middleton, the information to support the FTHC was materially false, in that the clients and/or the homes themselves did not actually qualify for the FTHC. Despite not qualifying for the credit, Middleton falsely represented to the IRS that the taxpayer was purchasing a specific home, which the taxpayer never purchased. Middleton filed dozens of fraudulent IRS Forms 5405 requesting over $270,000 in FTHC funds for his taxpayer clients.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Matthew Jackson.
Sanderson Drug Dealer Sentenced to over 19 YearsRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard sentenced Arnold Clayton (42, Sanderson) to nineteen years and six months in federal prison for one count of distributing cocaine base and cocaine, and for violating his supervised release in a prior federal case. Clayton was also sentenced to a term of six years of supervision, after his release from prison.
Clayton pleaded guilty on June 9, 2014.
According to court documents, on July 13, 2012, Clayton sold cocaine base and cocaine to a confidential source for $320. Clayton was sentenced as a career offender because of his two previous federal drug convictions. On July 27, 1999, Clayton was sentenced to almost five years in federal prison for conspiracy to distribute cocaine and cocaine base. On August 16, 2007, he was sentenced to over eight years in federal prison for distribution of cocaine base. Clayton was still on supervised release for the 2007 case when he distributed cocaine base and cocaine in the current case.
This case was investigated by the Baker County Sheriff’s Office and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorneys Rodney Brown and Frank Talbot.
Manatee County Man Charged for Attempting to Entice MinorsRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that William Daniel Thompson (67) was arrested on September 11, 2014, for attempting to persuade, induce, and entice a minor to engage in illicit sexual conduct. Thompson faces a minimum penalty of 10 years, up to a maximum penalty of life in federal prison. Thompson made his initial appearance in federal court on September 12, 2014. He is being detained pending trial.
According to the criminal complaint, on September 10, 2014, an FBI special agent noticed an advertisement in the “all personals” section of Craigslist, which made reference to a single white male seeking a “family dynamic.” Between September 10, 2014, and September 11, 2014, Thompson engaged in e-mail communications with the undercover agent, who was posing as the father of a 10-year-old girl and 13-year-old boy. During the online communications, Thompson told the undercover agent that he wanted to engage the minors in sexual conduct.
On September 11, 2014, Thompson traveled to Altamonte Springs where he had arranged to meet the father of the minors for the purpose of engaging in illicit sexual conduct, at which time he was arrested. During an interview with law enforcement, Thompson admitted that he had traveled to the location for the purpose of meeting the father of the two children with whom he had been e-mailing. Thompson stated that his purpose in going to Altamonte Springs was to explore the possibility of having sex with a 10-year-old girl. The investigation revealed that Thompson has been involved in the bondage, dominance, sadomasochistic lifestyle for about ten years.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
A complaint 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 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.projectsafechildhood.gov.
Former Art Gallery Employee Indicted with over $1 Million EmbezzlementRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Jeffrey Hall (48, Maitland) with five counts of mail fraud and three counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison for each count. A trial has been scheduled for November 2014.
According to the indictment, Hall worked at a local art gallery that also had locations outside of central Florida. Over a period of at least 2 ½ years, Hall used his position at the gallery to embezzle over $1 million. He did this by diverting proceeds from the sale of artwork to his own personal bank accounts, or to a business account that belonged to him. The indictment further alleges that Hall used artwork of the gallery as loan collateral for himself, and sold some of the gallery’s artwork on eBay.
An indictment is merely a formal charge that a defendant has committed a violation of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Roger B. Handberg.
Neo-Nazi Convicted for Sending Gruesome Threats to Florida Officials and Their FamiliesRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces today that a federal jury has found William A. White (38, Roanoke, Virginia) guilty of five counts of sending interstate threats with intent to extort and one count of using personal information without lawful authority in furtherance of a crime of violence. White faces a maximum penalty of 20 years in federal prison on each count. He was indicted on June 19, 2014. A sentencing date has not yet been set.
According to evidence presented during the trial, in May 2012, White, a self-professed neo-Nazi, sent a number of e-mail threats to Lawson Lamar, who was State Attorney for the Ninth Judicial Circuit of Florida at the time, Judge Walter Komanski, and a Federal Bureau of Investigation task force agent. These e-mails included threats to kidnap, rape, and kill the recipients’ family members, including children and grandchildren. The threats listed the home addresses of the officials, and specifically named some of Mr. Lamar's grandchildren as targets. Separate threats were also directed to Mr. Lamar's son, as well as to United States District Judge James C. Turk, who had presided over White's previous case in the Western District of Virginia.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu and James D. Mandolfo.
United States Settles False Claims Act Allegations Against Florida-Based Sleep Clinic and Two Physicians; Joins Lawsuit Against Two Additional DoctorsRead the Press Release
Jacksonville, Florida - The United States has formally settled part of, and joined in part of, a lawsuit brought by a whistle-blower that alleges a Northeast Florida based sleep clinic intentionally billed the government for millions of dollars of services that were not medically necessary, and, in some instances, were never actually performed. The qui tam complaint, filed by a former employee of the clinic, alleges that the defendants – a sleep clinic and four physicians – violated the False Claims Act (FCA) by knowingly submitting false claims to the government for payment.
The government announced today that it had reached a settlement with the primary defendant, the Sleep Medicine Center, and two physicians – Dr. Hubert Zachary and Dr. George Restea. In reaching this settlement, the parties resolved allegations that, from January 1, 2010, until November 13, 2013, Zachary ran the Sleep Medicine Center, a clinic that treated patients for sleep-related disorders. Rather than treat patients in accordance with Medicare and TRICARE regulations, the United States contended that Zachary and the Sleep Medicine Center submitted claims for polysomnographic sleep studies and psychological testing that were not medically necessary, were not conducted by appropriately licensed individuals, or were not actually performed. Further, the United States alleged that, while Restea agreed to act as the Medical Director of the Center, he failed to properly supervise the center as he agreed to do. The Sleep Medicine Center agreed to pay $200,000 to resolve the claims and both the Center and Zachary voluntarily agreed to be excluded from participation in the federal healthcare programs for 8 years. Restea agreed to pay nearly $100,000 to resolve the claims.
Today’s actions mean that the government will move forward against remaining defendants Dr. John DeCerce and Dr. George Young. The government contends that these individuals also agreed to act as medical directors and staff physicians. While these doctors certified that they would supervise the clinic, the government alleges that the doctors merely lent their names in exchange for compensation. But for these physicians’ involvement, the lawsuit alleges, the Sleep Medicine Center would not have been able to bill the federal healthcare programs. For example, the government alleges that Dr. Young signed Durable Medical Equipment orders for patients that he never saw and Dr. DeCerce sleep study interpretations even when the machines allegedly performing the approved studies were broken.
This lawsuit was originally filed under the qui tam or whistleblower provisions of the False Claims Act by Donna Nichols, a former employee at the clinic. Under those provisions, a private party, known as a relator, can file an action on behalf of the United States and receive a portion of the recovery. Nichols will receive more than $60,000 as part of today’s settlement.
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 along with 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 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.
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The lawsuit against the defendants was filed in the U.S. District Court for the Middle District of Florida and is captioned United States ex rel. Nichols v. Sleep Medicine Center et al.
Three More Sentenced for Theft from Union FundRead the Press Release
Orlando, Florida – Senior U.S. District Judge G. Kendall Sharp sentenced three individuals yesterday for their roles in stealing from an employee benefit plan of a local union. Two of the individuals, Brandon Alfonso (28, Orange City) and Marta Blackmer (71, Orange City) previously pleaded guilty. Alfonso was sentenced to three years in federal prison and ordered to pay $109,497.82 in restitution. Blackmer was sentenced to three months in federal prison and ordered to pay $106,291.14 in restitution. A third individual, Phillip Simmons (50, Orange City), was convicted by a federal jury on June 3, 2014. He was sentenced to 18 months in federal prison and ordered to pay $44,194.15 in restitution.
According to court documents, Angela Deleon worked at Advance Administration, Inc. (AAI), which was the third-party administrator of an employee benefit plan for the Ironworkers Local 808. As the third-party administrator for the Ironworkers Local 808 Annuity Fund, AAI was responsible for processing members’ payment applications, paying the Fund’s bills, and speaking with union members. Deleon’s duties at AAI included data entry and the processing of payments.
Over a period of about 14 months, Deleon wrote 46 checks from the Fund, totaling more than $427,000, to individuals who were not members of the Local 808 or participants in the Fund, including the individuals sentenced today. Alfonso, Simmons, and Blackmer cashed some of those checks and split some of the proceeds with Deleon.
In total, ten individuals have been charged in connection with this case. Six were previously sentenced. James McCall (32, Orange City) was sentenced to two years and six months in federal prison and ordered to pay $93,405.89 in restitution. Angela Deleon (50, Winter Springs) was sentenced to two years in federal prison and ordered to pay $594,000 in restitution. Ian Chase Dove (26, Orange City) and Jason Wesson (37, Orange City) were each sentenced to 13 months in federal prison. Dove was ordered to pay $18,662.70 in restitution and Wesson was ordered to pay $19,975.32 in restitution. Michael Giesinger (36, Deltona) was sentenced to one year of probation, six months of home confinement, and was ordered to pay $20,009.62 in restitution. Shane Riley (32, Deland) was sentenced to three years of probation and ordered to pay $18,374.64 in restitution.
Jason Ferrari (33, Orange City) pleaded guilty on July 23, 2014, to theft from an employee benefit plan. His sentencing is set for September 24, 2014. Ferrari faces a maximum penalty of five years in federal prison.
“Theft of employee benefit assets jeopardizes the benefits of workers. This case reaffirms the Labor Department’s commitment to protect workers’ benefits by identifying criminal activity wherever and whenever it occurs,” said Isabel Colon, Regional Director of Employee Benefits Security Administration’s Atlanta Regional Office and Miami District Office.
These cases were investigated by the U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, and the U.S. Department of Labor’s Employee Benefits Security Administration. They are being prosecuted by Assistant United States Attorney Roger B. Handberg.
Orlando Man Sentenced to 14 Years in Prison for Robbing Credit UnionRead the Press Release
Orlando, FL – Chief U.S. District Judge Anne C. Conway today sentenced Raulier Rivas Lopez (28, Orlando) to 14 years in federal prison for one count of credit union robbery with assault and one count of possessing a firearm in furtherance of the robbery. As part of his sentence, the Court also ordered Lopez to pay over $7,000 in restitution. Lopez pleaded guilty on June 10, 2014.
According to court documents and testimony at sentencing, on the morning of January 25, 2012, Lopez, along with three co-conspirators, robbed the American Eagle Credit Union located at 7007 SeaWorld Drive, in Orlando. Lopez and two of his co-conspirators, all wearing masks, entered the credit union and demanded money from the credit union employees. Lopez pointed a firearm at the employees as his co-conspirators pepper-sprayed the employees so that they would not be able to identify the robbers. Lopez and his co-conspirators stole approximately $7,000 during the robbery.
To date, one other individual, Joseph Cotto-Diaz, has been arrested for his role in this robbery. Cotto-Diaz was charged in a superseding indictment on March 19, 2014. He is scheduled for trial in October 2014.
This case was investigated by the Federal Bureau of Investigation and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
Orange Park Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Ronald Boike (50, Orange Park) has pleaded guilty to possession of child pornography. Boike faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Boike was involved in an online relationship with a minor child for at least two years. He used a cell phone chat application to communicate with the minor. Boike sent sexually explicit pictures of himself to the minor in order to encourage and coax her to produce and send him pornographic pictures or videos of herself. During ongoing conversations with the minor, Boike saved pornographic pictures and videos of the minor on his family’s computer. Boike’s wife learned of his relationship with the minor after finding the videos on the family’s computer. Boike’s wife subsequently filed a complaint with the Federal Bureau of Investigation.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Malisa Chokshi.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Minnesota Sex Offender Indicted for Traveling to Engage in Unlawful Sexual Activity with A Tampa MinorRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the return of an indictment charging Matthew William McLean (25, Minneapolis, Minnesota) with the attempted transportation of a minor with the intent to engage in criminal sexual activity, interstate travel to meet a minor with the intent to engage in illicit sexual conduct, and committing a felony sex offense as a registered sex offender. If convicted on all counts, McLean faces a maximum penalty of life in federal prison.
According to court documents, McLean, a registered sex offender from Minnesota, traveled to Tampa to meet a minor female he was corresponding with online. McLean picked up the minor from her house and transported her to the Greyhound bus station, where he purchased two bus tickets from Tampa to Brownsville, Texas.
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 Hillsborough County Sheriff’s Office, the Tallahassee Police Department, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Stacie B. Harris.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.projectsafechildhood.gov.
Former Federal Corrections Officer Pleads Guilty to Bribery ChargeRead the Press Release
Ocala, Florida – United States Attorney A. Lee Bentley, III announces that Jason Monroe Epstein (29, Orlando) has pleaded guilty to a one-count indictment charging him with receipt of a bribe by a public official. Epstein faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Epstein was employed as a Corrections Officer by the Federal Bureau of Prisons at the Coleman Federal Correctional Complex in Sumter County. Based on information from inmates at the facility, agents discovered that Epstein had been smuggling marijuana and tobacco products into the prison. In exchange for these items, the inmates had arranged for third parties to send Epstein numerous wire transfers under false names.
During the course of the investigation, Epstein was interviewed by agents and admitted that he had smuggled marijuana and tobacco into the prison over a two-year period, from April 2012 to April 2014. Epstein also admitted that he had received “hundreds of dollars” in illegal payments for his actions.
This case was investigated by Federal Bureau of Investigation and the Department of Justice, Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Armed Career Criminal Sentenced to 15 Years in Federal Prison for Firearm PossessionRead the Press Release
Orlando, Florida – Senior U.S. District Judge G. Kendall Sharp sentenced Darrell Roby (41, Orlando) yesterday to 15 years in federal prison for possession of a firearm by a previously convicted felon. Roby was also ordered to serve a 5-year term of supervision, upon his release from prison. Roby pleaded guilty on June 2, 2014.
According to court documents, Roby sold prescription pills to a confidential informant (CI) on January 27, 2014. He also sold prescription pills and a Smith and Wesson .38 caliber revolver to a CI on February 12, 2014. Roby then agreed to sell 500 pills of Oxycodone to a CI for $12,500. The transaction was scheduled to take place at Roby’s residence on February 26, 2014. During the execution of a search warrant at Roby’s residence, Roby was found to be in possession of a stolen Glock firearm.
Roby has prior state felony convictions for burglary, possession of a firearm by a convicted felon, escape, introduction or possession of contraband in a state correctional facility, delivery of cocaine, possession of cocaine, and delivery of a controlled substance. As a previously convicted felon, he is prohibited from possessing firearms or ammunition under federal law. Because his prior criminal record includes several violent felonies and a serious drug offense, Roby qualified for enhanced sentencing as an Armed Career Criminal under federal law.
“HSI is committed to ensuring the safety of our communities,” said Susan L. McCormick, special agent in charge of HSI Tampa. “Partnerships with other law enforcement agencies, like the Metropolitan Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, increase public safety in our neighborhoods.”
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Metropolitan Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
Sarasota Drug Dealer Convicted of Drug Trafficking and Firearms OffensesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Toborus Dontay Cunningham (33, Sarasota) guilty of possession with intent to distribute over 500 grams of cocaine (Count One) and possession of a firearm in furtherance of his drug trafficking offense (Count Two). Cunningham faces a maximum penalty of 40 years in federal prison for Count One and a mandatory consecutive 5 years’ imprisonment on Count Two. His sentencing hearing has not yet been scheduled. Cunningham was indicted on April 3, 2014.
According to the evidence presented at trial, Cunningham was a supplier to other drug dealers in the Sarasota area. During the course of the investigation, law enforcement officers found over 2000 grams of cocaine in Cunningham’s home, and five firearms and hundreds of rounds of ammunition in his home and office.
This case was investigated by the Drug Enforcement Administration, the Sarasota Police Department, and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Natalie Hirt Adams, and James C. Preston.
Haines City Man Sentenced to More Than 5 Years for Smuggling Firearms and Ammunition from the United States to ColombiaRead the Press Release
Orlando, Florida – Senior U.S. District Judge G. Kendall Sharp sentenced Mauricio Arbelaez (42, Haines City) to five years and three months in federal prison for smuggling goods from the United States, possessing an unregistered silencer, and possessing a firearm with an obliterated serial number. Arbelaez pleaded guilty on June 25, 2014.
According to court documents, between November 19, 2012, and November 26, 2012, Arbelaez shipped three packages to Colombia, using a shipping company in Kissimmee and a third-party shipping company located in Miami. The packages contained rounds of ammunition and firearms that were concealed inside electronic gaming systems. Arbelaez did not declare these firearms and ammunition to the shipping company when he shipped the packages, or at any time thereafter. On November 28, 2012, one of the packages was intercepted by Colombian customs officials at the El Dorado International Airport in Bogota, Colombia. Once Colombian officials discovered that the package contained a starter revolver and rounds of ammunition, they notified the third-party shipper in Miami. After speaking to the Colombian officials, the owner of the Miami shipping company inspected the remaining two packages, which were still awaiting final shipment to Colombia. He discovered ammunition and a firearm with an obliterated serial number inside. The two packages were eventually turned over to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, which conducted an investigation into Arbelaez. The owner of the Kissimmee shipping company identified Arbelaez as the person who shipped all three packages.
On July 26, 2013, ATF agents located a safe inside a residence in Orlando where Arbelaez stored firearms and ammunition, including a stolen firearm, and a silencer that was not registered to Arbelaez in the National Firearms Registration and Transfer Record.
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.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Trevor Velinor, Acting 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 violent crime and improve the quality of life where law enforcement efforts are focused.
Orange County Gang Members Convicted of Sex Trafficking of A MinorRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III, announces that a federal jury has found Xavier Francisco Villanueva, a/k/a “X,” (25, Orlando) Jose Carmona, a/k/a “Hood,” (21, Orlando) and Ashley Nicole Barnett, a/k/a “Snow,” (25, Orlando) guilty of conspiracy to commit sex trafficking of a minor, for which they each face up to life in prison. Carmona and Barnett were also found guilty of aiding and abetting each other in the sex trafficking of a minor. This charge carries a minimum sentence of 15 years, up to life in prison. The jury returned the verdict on September 5, 2014. The sentencing hearings are scheduled for December 4, 2014.
According to the evidence presented at trial, between January 17, 2013, and January 25, 2013, the above-named individuals conspired to engage a 14-year-old girl in a commercial sex act. The individuals were part of the “Nine Trey Billy Bad Ass” gang, which is affiliated with the “Bloods” street gang. They used drugs, physical restraint, and threats of force in order to engage the minor in prostitution activities for their own financial gain and benefit.
This case was investigated by the Federal Bureau of Investigation and the Metropolitan Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda and Karen Gable.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.projectsafechildhood.gov.
Nine Sentenced to Prison for Distribution of OxycodoneRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory Presnell has sentenced nine individuals to federal prison for conspiracy to distribute Oxycodone. Ten individuals were charged by criminal complaint on April 9, 2013. Nine were arrested and subsequently pleaded guilty for their roles in this case. One individual remains a fugitive.
According to the court documents, Edwin Morales-Hernandez and Rafael Rivera managed a Drug Trafficking Organization (DTO) that fraudulently obtained prescriptions for various controlled substances, mostly Oxycodone. Members of the DTO traveled to Florida from Puerto Rico and Massachusetts, posing as patients at various pain management clinics. These “clinic patients” would obtain prescriptions for Oxycodone and provide them to Morales or Rivera, who filled the prescriptions at pharmacies in the Middle District of Florida, including Encore Pharmacy, where Francisca Maria Paez worked as a licensed pharmacy technician. On a number of occasions, Morales-Hernandez and Rivera mailed the Oxycodone to co-conspirators in Holyoke, Massachusetts. After the Oxycodone was sold in Massachusetts, the drug proceeds were deposited in local banks and later withdrawn from bank branches in the Palm Bay, Florida area.
Morales-Hernandez (52, Palm Bay, FL) was sentenced to seven years and six months in federal prison. Carlos Alberto Cotto-Lopez, a.k.a. “Papito”, (25, Holyoke, MA) was sentenced to five years in federal prison. Paez (28, Kissimmee, FL) was sentenced to four years in federal prison. Heriberto Morales-Hernandez (45, Holyoke, MA) was sentenced to three years and six months in federal prison. Jose Manuel Garcia-Santiago, a.k.a. “Cenizo”, (29, Holyoke, MA) was sentenced to three years and two months in federal prison. Isaac Matta-Robles (55, Miami, FL) was sentenced to two years and ten months in federal prison. Edwin Miguel Negron (27, Holyoke, MA) was sentenced to two years and six months in federal prison. Jose Antonio Ortiz-Gonzalez, a.k.a. “Chelo”, (50, Puerto Rico) and Juan Luis Collazo-Pinto, a.k.a. “Pacho”, (29, Holyoke, MA) were each sentenced to two years in federal prison. Rafael Rivera, a.k.a. “Chapo,” (39, Palm Bay) remains a fugitive.
This case was investigated by the Drug Enforcement Administration, the Internal Revenue Service – Criminal Investigation, the U.S. Postal Service, and the Palm Bay Police Department. It was prosecuted by Assistant United States Attorney David Haas.
Fleming Island Man Sentenced to More Than 7 Years for Receiving Child PornographyRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard sentenced Jimmy Laverne Holmes (58, Fleming Island) to seven years and eight months in federal prison for receiving child pornography over the Internet. Holmes was also ordered to serve a five-year term of supervision following his release from prison, and to register as a sex offender. Holmes pleaded guilty on January 28, 2014, and has been in custody since his arrest on September 24, 2013. At the time of his arrest, Holmes told agents that he worked at the Barco-Newton YMCA in Fleming Island, where he taught sports to children.
According to court documents, an FBI agent in Jacksonville began an investigation to identify individuals that had access to and/or were trading images and videos depicting child pornography over the Internet. Using specialized software, the agent determined that a host computer in the Jacksonville area was hosting images of child pornography using a particular peer-to-peer file sharing program. The agent made successful connections to the host computer through the Internet and downloaded several video files directly from the host computer that depicted child pornography. Further investigation traced the subscriber information to Holmes’s residence in Fleming Island.
On September 24, 2013, FBI agents and other officers executed a search warrant at Holmes's residence and seized, among other things, several computers and other items of electronic media. Holmes was at the residence and told the agents, among other things, that he knew that child pornography was illegally and that recently he was downloading and watching child pornography two or three times per week.
Subsequent analysis of Holmes's computer media revealed that it contained a total of 203 videos and 247 images depicting young children being sexually abused.
This case was investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Clay County Sheriff’s Office. 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.usdoj.gov/psc.
Three Individuals Charged with Conspiracy to Distribute Methamphetamine as A Result of Operation Glass HouseRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that three individuals have been arrested on federal charges as a result of a joint federal, state, and local law enforcement investigation dubbed Operation Glass House. Luis A. Acosta (34, Crescent City) was charged with conspiracy to distribute multiple quantities of pure/actual crystal methamphetamine pursuant to a federal criminal complaint. Enrique Munoz (41, Del Rio, Texas) and Juan Espinoza (33, Crescent City) were each charged by indictment with one count of conspiracy to distribute multiple quantities of pure/actual crystal methamphetamine and one count of possession with intent to distribute pure/actual crystal methamphetamine. Each faces a maximum penalty of life in federal prison.
According to court documents, Acosta, Munoz, and Espinoza participated in a conspiracy to acquire and distribute methamphetamine across state lines. The methamphetamine was ultimately distributed throughout Putnam County, Florida. As a result of Operation Glass House, law enforcement agents seized approximately four kilograms of methamphetamine.
This case was investigated by the Putnam County Sheriff’s Office, the Drug Enforcement Administration and the Florida Department of Law Enforcement. It will be prosecuted by Assistant United States Attorney Malisa Chokshi.
An indictment/complaint is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
Tampa Crack Cocaine Traffickers Sentenced to Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell yesterday sentenced Paul Close (30) to 15 years and six months in federal prison for conspiring to distribute crack cocaine. Close was the last of four individuals to be sentenced in this case. On August 8, 2014, Craig Cooley (36) was sentenced to 17 years and six months in federal prison for conspiring to distribute 280 grams or more of crack cocaine. Lataurus Wanser (31) was sentenced to nine years’ imprisonment for conspiring to distribute 28 grams or more of crack cocaine. On August 11, 2014, Daniel Brumfield (35) was sentenced to 21 years in prison for conspiring to distribute 280 grams or more of crack cocaine. As part of their sentences, the Court also entered a money judgment in the amount of $13,215.00 against each individual, which were the proceeds of the charged criminal conduct. In addition, Craig Cooley was ordered to forfeit a 2009 Nissan 370Z Coupe, which was traceable to proceeds of the offense. All four individuals pleaded guilty in April and May of this year.
According to court documents, Cooley, Wanser, and Close were supplying crack cocaine to Brumfield. Brumfield arranged to sell the crack cocaine to an undercover detective on several occasions. Cooley also supplied crack cocaine to the detective on four occasions. Wanser and Close each supplied crack cocaine to the detective on one occasion. The total amount of crack cocaine distributed to the undercover detective was 288.93 grams. In addition to selling the drugs to the undercover detective, Brumfield, a previously convicted felon, also sold the detective a loaded .380 caliber handgun and two boxes of .380 caliber ammunition. Due to his previous felony conviction, Brumfield is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shauna S. Hale.
Winter Haven Man Pleads Guilty to Attempted Sexual EnticementRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that Edward Alan Vadney (23, Winter Haven) pleaded guilty today to attempted sexual enticement of a minor. Vadney faces a mandatory minimum of 10 years, up to a maximum penalty of life in federal prison. He also faces a mandatory minimum term of 5 years, up to a life term of supervision, and registration as a sex offender under the Sex Offender Registration and Notification Act. A sentencing hearing is scheduled for November 20, 2014.
According to court documents, on May 15, 2014, a special agent with the Federal Bureau of Investigation (FBI), working in an undercover capacity, discovered an advertisement on the Internet seeking young girls’ underwear. Using his undercover e-mail account, the agent responded to the ad and began corresponding with the man later identified as Vadney. Via e-mail, the agent told Vadney that he had six-year-old and ten-year-old daughters. Vadney then expressed his interest in meeting and having sex with the children. Vadney and the FBI agent made arrangements to meet the following morning, in a restaurant parking lot in Lake Mary, Florida.
On the following morning, after speaking to a female undercover law enforcement officer posing as the fictitious ten-year-old “daughter” and confirming the meeting, Vadney traveled from Winter Haven, Florida to Lake Mary. When Vadney arrived at the predetermined meeting spot, he was taken into custody. During an interview with the FBI, Vadney said that he had traveled to Lake Mary to meet the “father” with whom he had been communicating since the previous day. Vadney admitted that his purpose in traveling to Lake Mary was to have sex with the man’s six-year-old and ten-year-old “daughters.”
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Three California Residents Plead Guilty to Sex Trafficking Related OffensesRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that Vincent Hudson, a/k/a “Goldie,” (44, Stockton, CA), Patricia Poulson, a/k/a “Moët Diamonds,” (22, Stockton, CA), and Jessica McCrary, a/k/a “Amber Snow” (20, Stockton, CA) pleaded guilty today. Hudson pleaded guilty to one count of transporting a minor to engage in prostitution and one count of the commission of a felony offense involving a minor when required to register as a sex offender. Hudson was previously convicted of a felony sex offense that requires him to register as a sex offender in California. Poulson and McCrary each pleaded guilty to interstate travel with intent to promote an unlawful activity, namely prostitution. Hudson faces a mandatory minimum of 20 years, up to life in federal prison. Poulson and McCrary each face a maximum penalty of 5 years in federal prison. The sentencing hearing is scheduled for November 20, 2014, before United States District Judge Paul Byron.
According to their plea agreements, on November 8, 2013, Minor A, a 16 year-old female, met Hudson at a hotel in Orlando. McCrary and Poulson were traveling with Hudson. Minor A initially told Hudson that she was a runaway with an active arrest warrant. Hudson promised the minor a “new identity” if she would join their “team” as a prostitute. Minor A said that Hudson, Poulson, and McCrary told her that she would be working as a prostitute and having sex for money in both Louisiana and California.
Minor A left Orlando with Hudson, Poulson, and McCrary and they drove to Louisiana. While in Louisiana, Minor A walked the streets of Lafayette and New Orleans as a prostitute, providing commercial sex for money. All of the money that she earned was given to Hudson.
While they were in Lafayette, Hudson stole an identification card at a tattoo shop belonging to “D.G.” This became Minor A’s new identity. Minor A worked in Louisiana for three weeks and then took a bus from Lafayette, Louisiana to Stockton, California. Minor A rode the bus by herself using the name “D.G.” Once in Stockton, Minor A worked as a prostitute nearly every day, from noon to 11:00 p.m., until she was arrested for prostitution on December 18, 2013.
This case was investigated by the Federal Bureau of Investigation and the Orlando Metropolitan Bureau of Investigation. It is being prosecuted by Assistant United States Attorney David Haas.
Eighteen Individuals Charged with Stealing More Than $1 Million as Part of Operation Walking DeadRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the filing of federal charges against individuals in 18 separate cases. These individuals have been charged with stealing more than $1 million in federal benefits to which they were not entitled. The penalty for stealing federal benefits or making false statements is up to 10 years in federal prison per count. These Middle District of Florida cases arose as the result of Operation Walking Dead, an operation initiated and overseen by the Social Security Administration - Office of Inspector General with assistance from multiple other federal and local law enforcement agencies.
These cases were investigated by the Social Security Administration – Office of Inspector General, the United States Marshals Service, the United States Secret Service, the Department of Health and Human Services - Office of Inspector General, the Department of Treasury - Office of Inspector General, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Tampa Police Department, the Orange County Sheriff’s Office, the Lake County Sheriff’s Office, and the Suwannee County Sheriff’s Office. These cases will be prosecuted by Assistant United States Attorneys throughout the Middle District of Florida, including Tama Koss Caldarone, Jeffrey Michelland, Joseph Schuster, David Haas, James Mandolfo, Robert Bodnar, Shawn Napier, Embry Kidd, David Haas, Andrew Searle, Bruce Ambrose, Amanda Kaiser, Adam Saltzman, and Stacie Harris.
An information and an indictment are merely formal charges that a defendant has committed a violation of federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
Operation Walking Dead Case SummariesDonna Bennett (68, Dunedin) has been charged with theft of government funds. According to her plea agreement, from June 3, 2009 through November 1, 2013, Bennett fraudulently collected approximately $60,581.00 of her mother’s Social Security benefits after her mother’s death on May 19, 2009. At the time of her mother’s death, Bennett was an authorized user on her mother’s account, which received Social Security benefit payments. Bennett transferred the Social Security funds from her mother’s account to another account that Bennett controlled.
James Birney (47, Oldsmar) has been charged with theft of government funds. According to his plea agreement, from March 2008 through February 2014, Birney fraudulently collected approximately $95,556 of his mother’s Social Security benefits after her death in February 2008. At the time of his mother’s death, Birney had an ATM card for the account where his mother’s Social Security benefit payments were direct-deposited. After his mother’s death, Birney made ATM withdrawals of his mother’s Social Security benefits from his mother’s bank account.
Linda Byerly (37, Tampa) has been charged with theft of government funds. According to her plea agreement, beginning in June 2012, and continuing through January 2013, Byerly defrauded the Social Security Administration of $9,749.73. Byerly was a recipient of Social Security benefits. The government’s investigation revealed that Byerly reported to the Social Security office that she had not received her monthly payment. She then received a paper replacement check. Byerly took the account number from the bottom of the Social Security replacement check and placed that account number on fraudulent checks, and then wrote checks for her personal expenses against the Social Security account. The fraudulent checks totaled approximately $8,574.73. A further investigation by the Social Security Administration revealed that Byerly lied about her living arrangements, thereby resulting in the payment of $1,175.00 in Social Security benefits payments to which she was not entitled.
Mary Francenia Campbell (58, Tampa) has been charged with theft of government funds. According to the indictment, from May 2007 through March 2014, Campbell fraudulently collected approximately $81,399.40 of her mother’s Social Security benefits after her mother’s death in April 2007. The Social Security Administration has recovered $19,064.33 of the funds fraudulently paid to Campbell.
Sewan Chukes, aka Sewan Barner, (41, Sylacauga, Alabama) has been charged with theft of government funds. According to the indictment, Chukes received $34,700 in Supplemental Security Income benefits for her minor child when she was not entitled to the benefits because she was no longer had custody of her child and did not provide for her care and support.
Etheal Clark (46, Naples) has been charged with one count of theft of government property, and two counts of making false statements. According to the indictment, Clark converted to her own use Social Security benefits that were issued to another individual, after that individual passed away on April 25, 2003. The Social Security Administration has determined the loss in this matter to be approximately $124,529.40.
Lonnie Leroy Hicks (68, Estero) has been charged with theft of government funds. According to the indictment, Hicks applied for and received Social Security Administration benefits for his son while his son resided in Mexico with his mother. Hicks unlawfully collected Social Security disability payments for his son as a representative payee and concealed the fact that his son was not living with him. As a result of the fraud, Hicks secured $76,204.00 in SSA payments to which he was not entitled.
Lisa Iaeger, aka Lisa Iaeger-Ewing (37, Live Oak) has been charged with theft of government funds. According to the indictment, Iaeger received $26,050 in Supplemental Security Income benefits for her minor child when she was not entitled to the benefits because she no longer had custody of her child and did not provide for his care and support.
Frances S. Kitsock-Harbot (61, Altamonte Springs) has been charged with theft of government funds. According to the indictment, Kitsock-Harbot collected $91,051 in Social Security Retirement Insurance Benefits which she was not entitled to receive.
Mona Lesa Mackey (57, Bonita Springs) has been charged with theft of government funds. Mackey concealed the fact that her husband died and continued receiving his Social Security Administration (SSA) disability benefits after his death. As a result of the fraud, Mackey secured $139,919.47 in SSA payments to which she was not entitled.
Bilma Ruth Gonzalez Maldonado, a/k/a Bilma Ruth Fontanez, (51, Orlando) has been charged with theft of government funds. According to the indictment, beginning in March 2001 and continuing until August 2012, Gonzalez Maldonado stole $51,809 from the United States government by claiming benefits that did not belong to her.
Allena McHaffie (57, Tavares) has been charged with theft of government funds. According to the indictment, from August 2004 to January 2014, McHaffie fraudulently received $103,411 in Social Security benefits that were intended for her deceased mother.
Oveda Miller (51, Mt. Dora) has been charged with theft of government funds. According to the indictment, Miller collected more than $86,880 in benefits to which she was not entitled.
Irene Roberts (69, Lakeland) has been charged with theft of government funds and making false statements. According to the indictment, from January 2000 through December 2013, Roberts fraudulently collected approximately $75,986.00 of Supplemental Security Income benefits by providing false information about her marital status, living arrangements, and household income to the Social Security Administration.
Ruby Smith (61, Tampa) has been charged with theft of government funds. According to the indictment, from June 2004 and continuing through September 2012, Smith fraudulently collected approximately $37,211.46 of Supplemental Security Income benefits by providing false information about her marital status, living arrangements, and household income to the Social Security Administration.
Geneva Swain (66, Orlando) has been charged with theft of government funds. According to the indictment, Swain received benefits from the Social Security Administration to which she was not entitled.
Amanda Wheeler, aka Amanda Smyth (30, Orlando) has been charged with theft of government funds. According to the indictment, Wheeler received $51,564.00in Social Security Widow’s Benefits in the name of a beneficiary who was deceased. Because the beneficiary was deceased, Wheeler was not entitled to the benefits.
Robin K. Wisniewski, a/k/a "Robin Sabatine," (53, Fort Myers) has been charged with theft of government funds and concealment of an event that would have affected the ability to obtain Supplemental Security income. According to the superseding indictment, Wisniewski continued receiving Social Security Administration Retirement and Survivors Insurance benefits payments paid to her mother, after her mother’s death. Wisniewski secured at least $25,793.41 in SSA payments to which she was not entitled. Wisniewski also was a Supplemental Security Income recipient. Wisniewski did not disclose the income she received from her deceased mothers’ widow benefit, and also failed to inform SSA that she was employed and received wage income from a CPA in Fort Myers. The total loss amount in this case is $38,599.41.
Orlando Man Sentenced to 60 Years in Federal Prison on Child Pornography ChargesRead the Press Release
Orlando, FL – Senior U.S. District Judge John Antoon, II sentenced William Edward Osman (34, Orlando) to 60 years in federal prison for the production, distribution, and possession of child pornography. Osman was also ordered to serve a life term of supervised release and to register as a sex offender upon completion of his custodial sentence. Osman pleaded guilty on February 28, 2014, and he was sentenced on August 29, 2014.
According to court documents, beginning in December 2012, Osman began sexually abusing his one-year-old child and taking pictures of that abuse with his cell phone. Over a period of several months, Osman continued to systematically record his abuse of the child. In September 2013, Osman traded some of the images of child pornography he had produced using his infant child with another man in Brevard County, Florida, who was recording the abuse of his own three-year-old child. The two met when the Brevard County man responded to a personal ad Osman had placed on Craigslist. They soon began discussing the abuse of their children, specifically mentioning their interest in having a “baby orgy.”
On October 15, 2013, agents with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) executed a search warrant at Osman’s home in Orange County, Florida. During the search, agents recovered the images Osman had produced using his infant child and the images the man from Brevard County had sent of his own infant child. Investigators also found 194 movies and 588 images of child pornography on Osman’s media storage devices. Most of the movies and images depicted prepubescent children and/or sadomasochistic conduct.
“Protecting our children from these crimes is one of HSI’s top priorities,” said Susan L. McCormick, Special Agent in Charge of HSI Tampa. “This sentencing should serve as a stark reminder to the serious nature of crimes against children.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Joseph M. Schuster.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
IRS Employee Arrested on Wire Fraud ChargesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the arrest and filing of a criminal complaint charging Charles Corbitt (36, West Palm Beach) with wire fraud. If convicted, Corbitt faces a maximum penalty of 20 years in federal prison.
According to the complaint, Corbitt prepared fraudulent tax returns for various individuals for a profit, while employed by the Internal Revenue Service. These returns claimed Residential Energy Credits on Form 5695 and inflated Itemized Deductions on Schedule A that the individual taxpayer was not entitled to. As a result of the false credits and inflated itemized deductions, the taxpayer’s taxable income was lowered and refund amount was increased. Once the returns were electronically filed, Corbitt received a portion of the tax refund as a preparation fee. This fee was determined based on the amount of the refund or was a flat fee.
A complaint 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 is being investigated by the Internal Revenue Service and the Treasury Inspector General for Tax Administration. It will be prosecuted by Assistant United States Attorney Malisa Chokshi.
Transport Company Executive Indicted on Federal Fraud ChargesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return by a grand jury of an indictment charging Karl Stehlin (59, Tampa) with conspiracy to commit wire fraud and wire fraud. If convicted, he faces a maximum penalty of twenty years in federal prison on each count. The indictment also notifies Stehlin that the United States intends to forfeit $2,000,000, which is alleged to be traceable proceeds of the charged criminal conduct.
According to the indictment, from August 2008 through September 2009, Stehlin conspired to defraud a Minnesota factoring firm. “Factoring” is a financial transaction in which a business sells its accounts receivable (invoices) to a third party (the factor) at a discount. The factor advances a percentage of the face amount of the invoice to the business and collects the full amount from the customer in due course. The factor then pays the balance to the business, minus the factor’s commission and other fees.
In this case, the indictment alleges that the conspirators caused two trucking companies, JK Transport Express Inc. and JK Express Transport Inc., and a warehouse company, JK Transport Distribution and Warehouse, LLC, to enter into factoring agreements with Transportation Funding Group, Inc., (TFG). The conspirators fraudulently represented to TFG that the trucking companies and warehouse company were doing business with several clients, when in fact the clients were fictitious. The conspirators allegedly created false and fraudulent invoices and bills of lading supposedly for services performed by the trucking and warehouse companies for the fictitious clients. In addition, they opened UPS store postal boxes and virtual offices and took other steps to make their activities appear real. The indictment further alleges that the conspirators used proceeds they received from later fraudulent invoices to repay earlier ones, thereby creating the illusion that the trucking and warehouse companies were providing services to the fictitious companies. As a result of the fraud, the factoring firm (TFG) suffered substantial losses.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Robert A. Mosakowski.
St. Petersburg Landlord Pleads Guilty to EPA Lead Paint Disclosure OffenseRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Michael Moshe Shimshoni (56, Tierra Verde) pleaded guilty today to failing to provide a federally approved lead-based paint hazard brochure to a tenant. Shimshoni faces a maximum penalty of one year in federal prison and a $25,000 fine for each day of the violation. As part of a plea agreement, Shimshoni also agreed to pay restitution to the Environmental Protection Agency (“EPA”) by no later than the time of sentencing, in the amount of $50,000, for costs incurred by the EPA to remove and replace lead-contaminated soil at 1075 17th Avenue North, St. Petersburg, Florida. A sentencing date has been scheduled for November 7, 2014.
According to the plea agreement, Shimshoni served as a property manager and lessor of commercial and residential properties through Pinellas Properties, Inc., and Affordable Realty and Property Management, Inc., among other entities. As part of this business, he leased various rental units located at 1075 17th Avenue North in St. Petersburg. The property and rental units qualified as “target housing” under the Toxic Substances Control Act, the Lead Hazard Reduction Act, and related federal laws and regulations.
Federal law and regulations require lessors to provide a prospective tenant of target housing, before a tenant is obligated under any lease, with:
- A Lead Warning Statement with the following language: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based paint and/or lead based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention;
- A statement by the landlord disclosing the presence of any known lead-based paint and/or lead-based paint hazards in the target housing or indicating no knowledge of the presence of lead-based paint and/or lead-based hazards;
- A list of records or reports of lead-based paint and/or lead-based paint hazards or an indication that no records or reports are available; and
- A statement by the tenant affirming the receipt of a lead hazard information pamphlet approved by the EPA alertingtenants of the dangers of lead paint and measures to reduce the risk of lead-based hazards.
On or about April 1, 2009, Shimshoni knowingly and willfully failed, and caused the failure to provide a tenant at 1075 17th Avenue North, with a federally approved lead-based paint hazard brochure such as the EPA pamphlet entitled “Protect Your Family From Lead In Your Home.”
"The dangers associated with lead paint are well established and every person deserves to know whether his or her residence is contaminated. The defendant's disregard for his tenants' health cannot - and will not - be tolerated," said Maureen O'Mara, Special Agent in Charge of EPA's criminal enforcement program in Florida.
This case was investigated by EPA Criminal Investigations Division. It is being prosecuted by Assistant United States Attorney Matthew J. Mueller.
Brevard County Man Pleads Guilty to Child Exploitation Involving A Minor VictimRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Jonathan Tyler Prive (26, West Melbourne) pleaded guilty yesterday to one count of attempting to induce a minor to engage in illegal sexual activity using the Internet. Prive faces a mandatory minimum penalty of 10 years, up to life in federal prison, as well as a potential life term of supervised release. A sentencing date has not yet been set. Prive was indicted on February 19, 2014.
According to court documents, in September and October of 2013, an undercover agent with the Brevard County Sheriff’s Office conducted an investigation into an individual identified to be Michael Glenn Glascock. The undercover investigation revealed that Glascock was sexually abusing a three-year-old minor victim, producing child pornography images of the minor victim, and distributing some of these images to others. Law enforcement agents eventually arrested Glascock at his residence in Brevard County, located the minor victim, and executed a search warrant at Glascock’s residence. A forensic examination of Glascock’s electronic devices and a review of his email accounts revealed emails between Prive and Glascock. In these emails, the two individuals discussed a prior incident where Prive sexually abused the minor victim at Glascock’s home, while Glascock was present. After discovering these emails, the undercover agent used Glascock’s email account to initiate online communication with Prive.
On November 4, 2013 and November 5, 2013, Prive communicated with the undercover agent, via the Internet and emails, and arranged to meet the undercover agent, who was posing as Glascock in these emails, for the purpose of engaging in illegal sexual activity with the minor victim a second time. Prive agreed to meet at a residence in Brevard County, where Prive thought the minor victim would be present. Agents followed Prive as he travelled to the street where this residence was located. Before Prive arrived at the residence, agents stopped him and recovered a packet of lubricant that he had brought with him for his planned meeting with the minor victim.
During a subsequent interview with agents, Prive admitted that he was the user of the email account that had communicated with Glascock and the undercover agent regarding the sexual abuse of the minor victim. Prive also admitted to the agents that he had in fact engaged in illegal sexually activity with the minor victim and that he planned to engage in the sexual abuse of the minor victim a second time when he travelled to the Brevard County residence on November 5, 2013.
On August 18, 2014, Glascock also pleaded guilty to federal charges of production of child pornography and attempted online enticement of a minor. A sentencing date has not yet been set.
This case was investigated by the Brevard County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
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.projectsafechildhood.gov.
Winter Springs Man Sentenced to More Than 21 Years for Attempted Production and Distribution of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron yesterday sentenced Kevin Reynolds (40, Winter Springs) to 21 years, 10 months in federal prison for attempted production of child pornography and distribution of child pornography. He was also ordered to serve a life term of supervision, upon his release from prison. Reynolds pleaded guilty on June 5, 2014.
According to court documents and the evidence presented at sentencing, a federal search warrant was executed at Reynolds’ residence on November 1, 2013. Reynolds was in the process of downloading child pornography as agents entered his residence. An on-site preview of Reynolds’ computer confirmed that he had child pornography on his computer. Reynolds was arrested that day and had his initial appearance on November 4, 2013.
Based on an examination of evidence seized in the case, Reynolds was identified as a member of an online bulletin board that advertised and promoted the sexual exploitation of children. Using a screen name, Reynolds posted items of child pornography to the bulletin board. In his other posts, Reynolds expressed his sexual interest in girls between 6 to 10 years of age and his desire to “meet some pedomoms.” Reynolds offered to financially assist any interested family with their daughter’s expenses. On several occasions, Reynolds used his email account in an attempt to arrange to have sex with children. Reynolds indicated that he was willing to pay to be able to victimize a child, and even posted an advertisement on Craigslist in which he stated that he was looking for a “Single mom that needs some support.” In the advertisement, he stated, “Send photos . . . we can go from there.”
In addition to attempting to have sex with children, Reynolds attempted to produce child pornography. From February 2013 to April 2013, Reynolds exchanged emails with an individual located in Russia, in which Reynolds agreed to pay for child pornography to be made for him. As part of those efforts, Reynolds selected the child victim to be used, and sent $500 by Western Union to the individual in Russia. On another occasion, Reynolds communicated with a different individual about producing child pornography involving that individual’s niece. Reynolds wanted to know if “there are any limits on what you can get her to do” and offered to pay for the child pornography to be produced.
During an interview with FBI agents, Reynolds admitted that he was involved in trading images and videos of child pornography. Reynolds told agents that he had destroyed a hard drive filled with images and videos of child pornography two weeks prior to the search warrant being executed because he was afraid of being caught. Despite those efforts, a search of Reynolds’ computers and hard drive revealed that he was in possession of hundreds of images of child pornography.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
This 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.usdoj.gov/psc.
Two More Individuals Plead Guilty in Credit Card SchemeRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Darius Cohn (34, Orlando) and Brenda Shoukry (64, Orlando) have pleaded guilty to access device fraud. Shoukry pleaded guilty today, while Cohn pleaded guilty on July 31, 2014. Each faces a maximum penalty of 15 years in federal prison. The sentencing hearing for Cohn is set for October 30, 2014. Shoukry is scheduled to be sentenced on December 17, 2014.
According to court documents, Cohn, Shoukry, and others engaged in a scheme to defraud several Central Florida area Sam’s Clubs stores and Wal-Mart stores through the fraudulent acquisition of duplicate Sam’s Club credit cards, and the subsequent use of those credit cards. A conspirator manufactured counterfeit identification documents of existing Sam’s Club customers. Conspirators who received those counterfeit identification documents, such as Shoukry, used them to obtain duplicate credit cards on existing accounts. Other conspirators, such as Cohn, obtained duplicate credit cards on the existing accounts, after being fraudulently added as users of those accounts. Cohn, Shoukry, and others then used those credit cards to make fraudulent purchases at area Sam’s Club and Wal-Mart stores. They also turned some of the cards over to another conspirator to do the same. The fraudulently-purchased items were then sold. The proceeds from those sales were divided amongst the conspirators. The total amount of actual loss suffered by the victims of this scheme is over $2 million. Of that amount, Cohn was involved in $127,329 in fraudulent transactions. Shoukry’s involvement included $67,207 in fraudulent transactions.
Two other participants in this scheme have already been sentenced. Sirrico Lewis (42, Orlando) is currently serving 8 years in federal prison and Reginald Holley is serving 2 years and 9 months in federal prison.
Two additional individuals have been charged for their alleged participation in this scheme. Santonio Meyers (45, Orlando) and Trevino Gray (39, Orlando) were charged by criminal complaint with access device fraud. Meyers had his initial appearance in the Southern District of Florida on August 25, 2014. Gray has not yet been arrested. If convicted, each faces up to 15 years in federal prison.
A criminal complaint is merely a charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
These cases were investigated by the United States Secret Service. They are being prosecuted by Assistant United States Attorney Roger B. Handberg.