FEDERAL DISTRICT ARCHIVE
Middle District of Florida
Press releases recorded for this federal judicial district.
North Port Couple Sentenced to Prison for Filing A False Tax Refund ClaimRead the Press Release
Tampa, FL – U.S. District Judge James D. Whittemore today sentenced North Port residents James Dee Jaeger (62) and Lora Anne Jaeger (50) to 18 months each in federal prison. The Jaegers both pleaded guilty on April 21, 2014 to one count of filing a false tax refund claim.
According to court documents and evidence presented at sentencing, on March 31, 2009, James Dee Jaeger and Lora Anne Jaeger electronically filed a joint federal income tax return with the Internal Revenue Service (IRS) from the Middle District of Florida, falsely claiming a refund in the amount of $344,672. The fraudulent tax refund claim filed by the Jaegers was consistent with a bogus theory that the federal government maintains secret accounts for U.S. citizens and that taxpayers can gain access to the accounts by issuing 1099-OID Forms to the IRS. Under this theory, the taxpayer first files a false information return, such as a Form 1099 Original Issue Discount (OID), to justify a false refund claim on a corresponding tax return. In this case, the IRS did not issue the fraudulent tax refunds claimed by the Jaegers. In addition to their own fraudulent tax refund claim, the Jaegers advised and encouraged other individuals to file similar fraudulent tax returns claiming greater than $2,500,000 in fraudulent refunds.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Matthew J. Mueller and Trial Attorney Kevin C. Lombardi of the Department of Justice, Tax Division.
Co-Owner of St. Jude's Pharmacy in Cape Coral Sentenced to 3 Years for Structuring Bank DepositsRead the Press Release
Fort Myers, Florida - U.S. District Judge Sheri Polster Chappell yesterday sentenced Martha Otano (43, Cape Coral) to 3 years and 1 month in prison and $7,500 in fines for making structured cash deposits of proceeds of illegal activity in order to evade bank currency transaction reporting requirements. As part of her sentence, the court also entered a money judgment in the amount of $1,307,000, the amount of drug proceeds structured into various banks. Otano was also ordered to forfeit her interest in a 2013 Mercedes Benz, a 2012 Chevrolet truck, and approximately $860,376.79 in seized funds, in partial satisfaction of the money judgment. Law enforcement seized these assets and executed search warrants at St. Jude’s Pharmacy and at Otano’s home in Cape Coral, on November 15, 2012. Martha Otano was a registered pharmacy technician and co-owner of St. Jude’s Pharmacy in Cape Coral. She was indicted on June 26, 2013.
According to court documents, from at least April 2011 to at least November 15, 2012, in Lee County, Martha Otano and her husband (Jorge Otano) participated in a conspiracy involving repeated structured cash deposits into bank accounts for the purpose of evading bank transaction reporting requirements. Martha Otano admitted to conspiring to structure approximately $1,307,000.00 in cash deposits into three bank accounts that she controlled with her husband. Martha Otano also admitted that she and her husband made structured deposits from the proceeds of the distribution of Oxycodone outside the usual course of professional practice at St. Jude’s Pharmacy, which they owned and operated. Martha Otano and her husband did not deposit all of the cash that they had at the time of receipt. Rather, they acquired one sum of cash at one time, and divided it into amounts less than $10,000.00 so that it would not trigger the filing of a Currency Transaction Report (CTR). St. Jude’s Pharmacy made a significant profit through the illegal distribution and sale of Oxycodone as fraudulent prescriptions for Oxycodone were routinely filled at St. Jude's Pharmacy in exchange for cash. Martha Otano and her husband used the proceeds from the pharmacy to purchase two homes in Cape Coral and the two seized vehicles.
Jorge Otano has pleaded not guilty to the charges filed against him in this case. He is scheduled for trial during the November 2014 trial term.
An indictment is merely a formal charged 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 the United States Secret Service and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys David G. Lazarus and Yolande G. Viacava.
Lakeland Doctor Pleads Guilty to Healthcare FraudRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that James F. Pruchniewski, (66, Lakeland) today pleaded guilty to one count of healthcare fraud. Dr. Purchniewski faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Dr. James F. Pruchniewski was a podiatrist licensed to practice in the State of Florida and owned and operated the North Lakeland Foot Clinic, in the Middle District of Florida. In his practice, Dr. Pruchniewski did not employ a physical therapist, licensed nurse or any physician other than himself. His clinic treated patients with something called “micro-vas therapy.” Micro-vas, also known as MVT, involved rendering electrical impulses to patients’ muscles, primarily in their legs, to supposedly stimulate circulation and healing. When Medicare beneficiaries received this treatment at Pruchniewski’s clinic, patients were escorted by a clinic employee to a room with four reclining chairs, televisions, magazine and newspapers.
A clinic employee, who was not a licensed physical therapist, positioned the patient in a recliner, applied pads and attached wire leads to each, turned on the electric current, and adjusted the dial for pain tolerance. Dr. Pruchniewski generally had no contact with the patients during the treatments. He did not hook up the patients to the micro-vas machine, did not discuss the therapy with patients, did not monitor the patients during therapy, and did not disconnect the patients from the machine. At the conclusion of each therapy session, the unlicensed clinic employee filled out a micro-vas therapy form, which Pruchniewski reviewed and signed at the end of the day.
Pruchniewski directed that Medicare be billed for false claims for the use of micro-vas therapy. All of the micro-vas therapy claims to Medicare were fraudulent because: (a) micro-vas is not a covered service by Medicare; (b) micro-vas therapy was inaccurately coded as physical therapy; and/or, (c) as coded, the services required the doctor to perform the procedures, which Dr. Pruchniewski did not. The total intended loss to Medicare exceeds $400,000 and the actual loss from claims made and paid under the CPT code used by Dr. Pruchniewski to bill for micro-vas therapy is $58,025.74.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Mandy Riedel.
Gibsonton Woman Sentenced for Aggravated Identity Theft Relating to Fraudulent Tax ReturnsRead the Press Release
Tampa, FL – Senior U.S. District Judge Richard A. Lazzara today sentenced Bernadette Demps (41, Gibsonton) to 2 years in federal prison for aggravated identity theft. In addition, the Court ordered her to serve a 1 year term of supervision, following her release from prison, and to pay restitution of over $34,000 to the United States Internal Revenue Service.
Demps pleaded guilty to the offense on April 25, 2014.
According to her plea agreement, in 2011, Demps received more than $43,000 in income tax refund checks into a business bank account which she controlled. All of these deposits were in the names of other individuals. Those direct deposits were all the result of fraudulent tax returns that had been filed a short time earlier with the IRS, using the names and personal identifying information relating to those persons. Demps withdrew the funds from her account almost immediately, either via ATM cash withdrawals or by other means.
This case was investigated by the Internal Revenue Service – Criminal Investigation Division, with assistance from the Clearwater Police Department. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Cocoa Man Resentenced to 30 Years in Federal Prison for Producing Child Pornography at Sea WorldRead the Press Release
Orlando, FL - U.S. Chief District Judge Anne C. Conway sentenced Michael Brian Grzybowicz (30, Cocoa) yesterday to 30 years in federal prison for sexual exploitation of a child by producing child pornography, and a term of 10 years’ imprisonment, to be served concurrently, for possession of child pornography. The Court also sentenced Grzybowicz to a lifetime term of supervision, following his release. A federal jury found Grzybowicz guilty of the charges, as well as distribution of child pornography on January 23, 2012.
On June 28, 2012, U.S. Chief District Judge Anne C. Conway sentenced Grzybowicz to 30 years in federal prison. Grzybowicz appealed the judgment on July 13, 2012. On May 6, 2014, the United States Court of Appeals for the Eleventh Circuit vacated the conviction on distribution of child pornography and vacated the sentences on all counts. The case was remanded back to the District Court for resentencing.
According to testimony and evidence presented at trial, Grzybowicz went to Sea World with a family, including a 2 year-old girl and a 5 year-old boy, to celebrate the children’s mother’s birthday. While at the park, Grzybowicz was asked by the parents of the children to watch the minor girl and her brother while the parents rode a roller coaster. While the parents were on the roller coaster, Grzybowicz molested the 2 year-old and took explicit photographs of the child, using his cell phone. He emailed those pictures to his personal e-mail address after leaving the park. Two days later, at their Cocoa residence, Grzybowicz's wife found one of the photographs on Grzybowicz's cell phone. She reported the photographs to the Cocoa Police Department. Law enforcement authorities located Grzybowicz's computer, which contained other images of child pornography, including the images he had taken of the child at the theme park. Grzybowicz was arrested after he provided a statement to a police detective.
This case was investigated by the Child Exploitation Task Force for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Cocoa Police Department, Brevard County Sheriff’s Office and the Orange County Sheriff's Office's Sex Crimes Unit. The case was prosecuted by Assistant United States Attorneys Tanya Davis Wilson (former) and Christopher LaForgia.
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.usdoj.gov/psc. For more information about internet safety education, please visitwww.usdoj.gov/psc and click on the tab "resources."
Tampa Man Sentenced in Mail Fraud ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Randy Dale Barber (42, Tampa, Florida) to 5 years’ probation for conspiracy to commit mail fraud. The Court also ordered Barber to forfeit $413,106, and to pay restitution to Hitachi Data Systems (“HDS”) in the amount of $37,921.20. Barber pleaded guilty on February 28, 2014. Previously, on July 10, 2014, U.S. District Judge Charlene Edwards Honeywell sentenced separately charged mail fraud co-conspirator Michael J. Dragoni (48, Riverview, Florida) to 5 years of probation, with 8 months of home detention. In addition, the Court sentenced two companies used by Dragoni, as part of the conspiracy, namely Fortis Data Systems, LLC (“FDS”) and Greencloud LLC (“Greencloud”) to 5 years of probation. Dragoni, FDS and Greencloud were ordered to forfeit $498,706 and to pay restitution to HDS in the amount of $37,921.20. Dragoni, FDS and Greencloud pleaded guilty on April 24, 2014.
According to plea agreements filed in the cases, from about August 2009 through at least August 2011, Dragoni and Barber, using Dragoni’s companies FDS and Greencloud, conspired to defraud HDS by making materially false statements to HDS in order to purchase computer equipment for resale to Hajian, who in turn resold the equipment to his client, Mahmood Akbari, and UAE company Patco Group, Ltd. By late 2009, Dragoni, Barber and Hajian knew that HDS refused to sell computer equipment to Hajian, and his customers Akbari and Patco, because HDS believed that the equipment was being diverted to unauthorized end users. In order to deceive HDS and purchase the computer equipment, Dragoni and Barber made false statements regarding the purchaser, end user, and location of installation of the equipment that they were purchasing. To facilitate the conspiracy, they used front companies to make equipment purchases on their behalf. The conspirators then caused the equipment to be shipped to Dubai.
In another case arising from the same investigation, on April 30, 2014, Judge Bucklew sentenced John Alexander Talley (42, Seattle, Washington) to 30 months in federal prison for conspiracy to violate the International Emergency Economic Powers Act and the Iranian Transaction Regulations. The Court also sentenced Talley’s company, Tallyho Peripherals, Inc. d/b/a Enterprise Solutions Systems, to 1 year of probation. Talley and Tallyho pleaded guilty on September 18, 2013.
According to court documents, from about 2009 to about September 2012, Talley and his company conspired with others, including Mohammed Reza “Ray” Hajian, to unlawfully export sophisticated enterprise level computer equipment from the United States to Iran, and to provide computer information technology (IT) support services for the equipment, all in violation of the United States embargo. Talley’s role was to provide training and computer IT support to ensure that the computer equipment operated in Iran. In an effort to conceal their activities, the conspirators in the United States caused shipments of the computers and related equipment, as well as the payments for same, to travel to and from the United States and Iran through the United Arab Emirates. Similarly, payments for Talley’s support services were wired through the UAE.
On July 11, 2012, Hajian and three of his companies, RH International LLC, Nexiant LLC, and P & P Computers LLC, pleaded guilty to charges involving the same conspiracy to violate the Iranian Embargo and to a conspiracy to violate the International Emergency Economic Powers Act and the Iranian Transaction Regulations. On October 18, 2012, Hajian was sentenced to 4 years in federal prison.
On September 12, 2013, two Iranian nationals, Mahmood Akbari, a/k/a John Wasserman and Reza Hajigholamali, and three UAE front companies, Patco Group Ltd., Managed Systems and Services (FZC), and TGO General Trading LLC, were indicted in connection with the same conspiracy. Charges against those parties included a conspiracy to violate the International Economic Powers Act, and a conspiracy to commit international money laundering. According to the superseding indictment in that case, Hajian was selling the sophisticated computer equipment and services at issue to Akbari. If convicted, Akbari and Hajigholamali face a maximum penalty of up to 40 years in federal prison.
“This investigation demonstrates HSI’s commitment to protecting our citizens by ensuring critical U.S. technologies don’t fall into the hands of our foreign enemies,” said Susan L. McCormick, special agent in charge for U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) Tampa.
"The cooperative efforts between the Department of Commerce and the Department of Homeland Security have proven once again that anyone who conspires to violate U.S. embargo sanctions and illegally export sensitive U.S. technology to state sponsors of terrorism will be prosecuted to the fullest extent of the law. Protecting the National Security of the United States remains our top priority and we will continue to dismantle and disrupt andy networks attempting the same illegal activities," said Robert Luzzi, Special Agent in Charge, Office of Export Enforcement's, Miami Field Office.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the U.S. Department of Commerce, Office of Export Enforcement. It was prosecuted by Assistant United States Attorney Mark E. Bini and Trial Attorney Mariclaire Rourke of the Counterespionage Section of the U.S. Department of Justice, National Security Division.
Lake City Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Ronald Charles Waters (65, Lake City) pleaded guilty to possessing child pornography. Waters faces up to 10 years in federal prison and a potential life term of supervision. Waters was arrested on November 20, 2013 in Lake City. He has been in the custody of the United States Marshals Service since that time.
According to court documents, agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) determined that several individuals had received an email containing images of child pornography. Further investigation revealed that the email address subscriber was listed as “R. Waters,” and the account was traced to a residence in Lake City where Waters resided. HSI agents interviewed Waters at his residence, at which time Waters consented to a search of his computer. Three images depicting child pornography were found on the computer. The images were located in deleted space.
On November 20, 2013, HSI agents and other law enforcement officers executed a federal search warrant at Waters’ residence. Waters was present and agreed to speak with the agents. During the interview, Waters stated that he was the only one who had access to his computer media. A forensic analysis of the computer revealed that it contained at least two videos and at least 16 images depicting minors engaged in sexually explicit conduct.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Jacksonville Sheriff=s Office, and the Lake City Police Department. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Jacksonville Man Pleads Guilty to Producing Child PornographyRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Charles Franklin Hudson, Jr. (38, Jacksonville) yesterday pleaded guilty to two counts of using a minor to produce videos depicting child pornography. Hudson faces a mandatory minimum penalty of 15 years, up to 30 years in federal prison and a potential life term of supervised release on each count. Hudson was arrested in Jacksonville on January 8, 2014, and has been in custody since that time.
According to court documents, on January 6, 2014, an officer with the Jacksonville Sheriff’s Office (JSO) was dispatched to a residence in Jacksonville in response to a call regarding allegations of sexual battery on a minor child. Subsequently, JSO Sex Crimes detectives interviewed the minor child, who indicated that she has been sexually abused by Hudson.
On January 8, 2014, JSO detectives obtained a search warrant for Hudson’s residence in Jacksonville. Hudson was arrested later that day. During the execution of the search warrant at his residence, officers discovered, among other things, numerous items of digital media including multiple computers, cameras, SD cards, CDs and DVDs. Located in the attic of the residence was a backpack containing cameras, sex devices and restraints, along with several pill bottles bearing Hudson’s name. One of the pill bottles contained five SD media cards. Subsequent forensic analysis of the media cards revealed that they contained approximately 90 video and image files that depicted sexually explicit conduct involving Hudson. At least two of the videos, which had been produced by Hudson, depicted Hudson and a minor child engaged in sexually explicit conduct.
This case was investigated by the Jacksonville Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Jacksonville Child Sex Offender Pleads Guilty to Producing Child Pornography, Faces A Mandatory Sentence of Life ImprisonmentRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Christopher Richard Cloonan (44, Jacksonville) yesterday pleaded guilty to using a minor child to produce images depicting child pornography. Cloonan is a registered child sex offender. He was convicted of two counts of attempted sexual battery on a child less than 12 years old on November 18, 1991, in Charlotte County. Because of his prior child sex convictions, Cloonan faces a mandatory sentence of life imprisonment. Cloonan was arrested on March 12, 2014 at his residence in Jacksonville, and he has been in custody since that time.
According to court documents, in early March 2014, an undercover officer (“UC”) with the District of Columbia Metropolitan Police Department posted an advertisement on a website known to be frequented by individuals who have a sexual interest in children and incest. On March 8, 2014, Cloonan, using a particular screen name, responded to the ad and expressed interest and experience in sexual activity with a minor child.
On March 11, 2014, Cloonan sent the UC an email with two images attached. Both images were produced by Cloonan and depicted an infant engaged in sexually explicit conduct. A few minutes later, Cloonan sent the UC another email with two more explicit images of the same infant.
On March 12, 2014, the FBI’s investigation revealed that the Internet Protocol (IP) address used to send the pornographic images belonged to Cloonen. He was also identified as the subscriber of the Internet account. Also, on the same date, Cloonan and the UC continued their online communications. In several different emails, Cloonan discussed his fantasies about sexual activities with children. At 5:33 p.m., Cloonan typed “Society is coming down so hard on ‘child molesters’ etc now, we are in danger everyday as lovers of children are not seen as different from those who hurt and kill them.”
A search warrant was issued for Cloonan’s residence on March 12, 2014. That evening, FBI agents and Jacksonville Sheriff’s Office (JSO) personnel executed the warrant, at which time Cloonan came out of the residence holding a smartphone. He was placed under arrest. A preliminary analysis of Cloonan’s smartphone revealed that it contained at least 85 images of child pornography, mostly depicting infants and toddlers. Two of the pornographic images were of the infant child that Cloonan had previously taken and sent to the UC by email. Additional images depicting adults performing sexual acts on infants were also found on the phone.
This case was investigated by the Federal Bureau of Investigation in Jacksonville and Washington, D.C., the Jacksonville Sheriff’s Office, and the District of Columbia Metropolitan Police Department. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
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Insurance Business Owner Convicted of Tax FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Luis Pomales guilty of filing fraudulent claims with the Internal Revenue Service (IRS). Pomales faces a maximum penalty of 5 years in federal prison. His sentencing hearing is scheduled for October 6, 2014.
Pomales was indicted on March 12, 2014.
According to testimony and evidence presented at trial, Pomales filed a false claim for a tax refund for the 2008 tax year. On April 15, 2009, Pomales submitted a 2008 IRS Form 1040 U.S. Individual Income Tax Return, with two Forms 1099-OID claiming interest income that was never earned. The fraudulent tax return and the Forms 1099-OID reflected $271,650 of taxable interest and $271,640 of federal withholding, which caused the IRS to issue a refund check for $196,872, an amount to which Pomales was not entitled.
Pomales deposited the United States Treasury check for $196,872 into an account at a local bank on June 22, 2009 and spent approximately $170,000 of the proceeds in the following six months.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney E. Jackson Boggs Jr.DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE UNITED STATES ATTORNEY’S OFFICE AT 813-274-6000.
Five Individuals Sentenced for Theft from Union FundRead the Press Release
Orlando, Florida – Senior U.S. District Judge G. Kendall Sharp yesterday sentenced five individuals for their roles in stealing from an employee benefit plan of a local union. James McCall (32, Orange City) was sentenced to 30 months in federal prison and was ordered to pay $93,405.89 in restitution. Ian Chase Dove (26, Orange City) was sentenced to 13 months in federal prison and was ordered to pay $18,662.70 in restitution. Jason Wesson (37, Orange City) was also sentenced to 13 months’ imprisonment. He was ordered to pay $19,975.32 in restitution. Michael Giesinger (36, Deltona) was sentenced to 1 year of probation, 6 months of home confinement, and was ordered to pay $20,009.62 in restitution. Shane Riley (32, Deland) was sentenced to 3 years of probation and was ordered to pay $18,374.64 in restitution. On April 23, 2014, all five pleaded guilty for their respective roles in this case.
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 over $427,000, to individuals who were not members of the Local 808 or participants in the Fund, including McCall, Dove, Wesson, Giesinger, and Riley. McCall, Dove, Wesson, Giesinger, and Riley 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. Deleon was previously sentenced to 2 years in federal prison for her participation in these crimes. Deleon was also ordered to pay $594,000 in restitution to the Ironworkers Local 808 Annuity Fund and to serve one year of supervised release. The $594,000 in restitution consists of more than $427,000 that she stole from the Fund, plus the amounts spent by the Fund to audit and reconstruct the records that were impacted by Deleon’s scheme.
Three others are scheduled for sentencing hearings on August 20, 2014. Brandon Alfonso (28, Orange City) pleaded guilty to one count of conspiracy. Marta Blackmer (71, Orange City) pleaded guilty to one count of conspiracy and ten counts of theft from an employee benefit plan. Phillip Simmons (50, Orange City) went to trial and was convicted of one count of conspiracy and two counts of theft from an employee benefit plan. Each of these individuals faces a maximum penalty of 5 years in federal prison for each count.
Lastly, Jason Ferrari (33, Orange City), is pending trial for one count of conspiracy and one count of theft from an employee benefit plan. If convicted, he faces a maximum penalty of 5 years in federal prison for each count.
“These sentencings demonstrate the OIG’s commitment to work with our law enforcement partners to bring to justice those who seek to illegally enrich themselves by defrauding union benefit plans,” said Special Agent-in-Charge Richard Walker, U.S. Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
“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.
Bradenton Woman Indicted for Production and Transportation of Child PornographyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the return by a grand jury of an indictment charging Renee Gregg (35, Bradenton) with production and transportation of child pornography. If convicted, Gregg faces a mandatory minimum penalty of 15 years, up to 30 years in federal prison for the production charge. For the transportation charge, she faces a mandatory minimum of 5 years, up to 20 years’ imprisonment.
According to the indictment and criminal complaint, in August 2011, Gregg produced an image in which she sexually abused a female toddler. She then sent this image via text messaging to an individual in Queens, New York. Gregg and this individual also discussed having sexual contact with children.
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 U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the New York Police Department. It will be prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Punta Gorda Man Pleads Guilty to Investor FraudRead the Press Release
Fort Myers, Florida – United States Attorney A. Lee Bentley, III announces that Anthony Michael Defeo (49, Punta Gorda) today pleaded guilty to wire fraud before United States District Judge John E. Steele. Defeo faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
Defeo was indicted on May 1, 2013.
According to court documents, Defeo solicited victim investors who thought they were investing in an opportunity involving a gravel pit and fill dirt to be used by road construction companies for improvements on Interstate 75 on the west coast of Florida. Defeo controlled companies and used these companies as vehicles to obtain victims’ money. He misrepresented to victim investors that he had lucrative contracts and purchase orders with a legitimate corporation engaged in asphalt paving, grading, and related services for roadway, and civil construction projects. Instead of using the money as represented, Defeo fraudulently diverted and converted approximately $6,280,580.00 in monies from investors for his own purposes. He failed to repay the investors.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jeffrey F. Michelland.
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Leader of Check Kiting Scheme Sentenced to More Than Five YearsRead the Press Release
Tampa, FL – U.S. District Judge Charlene Edwards Honeywell today sentenced Johnathan Bergren (41, Tampa) to five years and three months in federal prison for conspiracy to commit bank fraud. As part of his sentence, the Court also entered a money judgment in the amount of $309,581.75, which constitutes the proceeds of the offense.
Bergren pleaded guilty on March 27, 2014.
According to court documents, between September 2012 and December 2013, Bergren and others engaged in a conspiracy to defraud banks, primarily Bank of America and SunTrust. Bergren established shell companies and then opened or had others open more than 20 business checking accounts in those companies’ names. Bergren and others working with him deposited checks drawn on various accounts into other newly established accounts at other financial institutions. Bergren then withdrew funds prior to the checks clearing the banks. Each of the deposited checks was ultimately returned for insufficient funds. Despite this, Bergren had already transferred or withdrawn the funds immediately made available to the accounts under his control.
In August 2013, after being arrested and released on bond for his participation in this conspiracy, Bergren continued to commit this same check kiting scheme with other individuals he recruited. The scheme caused an additional $30,000 in losses to Bank of America.
Bergren, and co-conspirators acting at his direction, deposited approximately $577,155.16 in fraudulent checks, which were drawn on unfunded business accounts that he established. As a result, they were able to fraudulently obtain over $300,000 from at least three different federally insured financial institutions.
This case was investigated by the Tampa Police Department, Pinellas County Sheriff’s Office, and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Mandy Riedel.
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Central Florida Businessman Pleads Guilty to $44 Million Bank Fraud ConspiracyRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that Pedro “Pete” Benevides (44, Astatula) today pleaded guilty to conspiracy to commit bank fraud and faces a maximum penalty of 30 years in federal prison. In addition, he agreed to forfeit $44,059,565, including several bank accounts holding approximately $40,000,000 in cash, and three exotic sports cars (i.e. a 2008 Lamborghini Murcielago; a 2009 Audi R8; and a 2009 Lamborghini Gallardo). Benevides also agreed to pay full restitution to the financial institutions that were the victims of his offense.
According to the plea agreement, from about 2005 through September 2008, Benevides obtained 20 commercial and residential loans and lines of credit from several federally insured financial institutions, totaling approximately $44,049,565. Benevides obtained the fraudulent loans by giving the financial institutions documents that, among other things, contained false information concerning the income and assets of Benevides or the business that he used to obtain the loans and lines of credit. During that time, Benevides controlled several Central Florida businesses, including a private jet charter service, an exotic car rental service, and hotels in Orange County and Pinellas County, Florida. Those companies included Superior International Investment Corporation (SIIC); ABC Auto Wholesalers, Inc.; Skyview Aviation, Inc.; Fidelity Investment Group LLC; PBJB Best Investment LLC; Divello Family LLC; and Leesburg Title and Escrow Company. Benevides then used the fraudulently-obtained funds for his own purposes, including paying the interest and principal on other, earlier loans that he had obtained in order to continue the fraudulent scheme, paying business expenses, paying the other co-conspirators involved in the scheme, and funding living expenses for himself and his family.
This case was investigated by the Internal Revenue Service (IRS) Criminal Investigation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the United States Secret Service (USSS), and the St. Cloud IRS-USSS Federal Financial Crimes Task Force. It is being prosecuted by Assistant United States Attorneys Daniel C. Irick and James Mandolfo.
Indiana Woman Convicted of $3 Million FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury has found Linda Deavers (61, Fishers, Indiana) guilty of 10 counts of wire fraud and 5 counts of money laundering. Deavers faces a maximum penalty of 20 years in federal prison for each count of wire fraud and 10 years in federal prison for each count of money laundering.
Deavers was indicted in September 2012. She was arrested in October 2013, after flying into California from Hong Kong. The jury returned the verdict on July 11, 2014. Her sentencing hearing is scheduled for October 2, 2014.
According to evidence presented at trial, Deavers devised an investment fraud scheme that used an entity by the name of Angel Annie Humanitarian Trust, LLC. As part of her pitch to investors, Deavers represented that the entity was a Section 501(c)(3) charitable organization, that she had connections to trading programs in Europe that would generate large rates of returns and that she had been successful in investing in such trading programs previously. She represented that any money invested with her and Angel Annie Humanitarian would be invested in such trading programs overseas. None of those representations were true. Deavers collected more than $5.2 million from investors located in Florida. After returning approximately $1.8 million to investors, Deavers used most of the remaining $3.4 million in proceeds to fund her lifestyle, in Indiana and Europe, and to pay various expenses for herself and her family, including a $1 million deposit on a mansion. To lull her investors into a false sense of security, Deavers used e-mail and Skype to provide the investors with a series of false excuses as to why she had not been able to successfully invest their money. Even after Deavers had spent the last of the funds from her victims, for several years, she continued to falsely claim that she was working on investments for them.
This type of scheme is sometimes referred to as a Prime Bank Investment Fraud scheme. For more information on this type of scheme, please visit the website of the United States Department of the Treasury, Office of Inspector General. This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Edgewater Teacher Arrested for Producing and Distributing Child PornographyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the filing of a criminal complaint charging Matthew C. Graziotti (42, Edgewater) with production, distribution, receipt and possession of child pornography. If convicted, Graziotti faces a mandatory minimum penalty of 15 years in federal prison, up to 30 years for the production charge. For the receipt and distribution charges he faces a mandatory minimum of five years, up to 20 years for each. The maximum penalty for the possession charge is 10 years in federal prison. Graziotti made his initial appearance in federal court today and was detained pending a preliminary hearing on July 24, 2014 at 10:00 a.m., before U.S. Magistrate Thomas B. Smith.
According to the criminal complaint, Graziotti distributed 141 images and 6 videos depicting the sexual abuse and exploitation of children to an FBI agent, who was acting in an undercover capacity. During the execution of a search warrant earlier today, agents located thousands of child pornography images on Graziotti’s computer. One folder on the computer was named “personally known.” The folder contained 41 subfolders titled with different boys’ names. In one of the subfolders, agents located a picture of Graziotti sexually abusing a prepubescent boy. The picture was produced with a digital camera that agents found in Graziotti’s residence. The investigation revealed that Graziotti teaches elementary school in South Daytona, and is director of the school’s summer day camp program. He formerly worked as a youth pastor at a church in Edgewater.
A criminal 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.
This case was investigated by the Federal Bureau of Investigation, the Edgewater Police Department and the Volusia County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Karen L. Gable.
Anyone with additional information about potential victims may contact the FBI – Daytona Beach Resident Agency at 386-252-0463.
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.
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Mexican Citizen Charged with Attempting to Transport A Minor from Las Vegas to Jacksonville for the Purpose of Engaging in Illegal Sexual ActivityRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announced today that Javier Guerrero Molina (33, citizen of Mexico) has been charged by a federal criminal complaint with transporting and attempting to transport a minor child from Las Vegas to Jacksonville with intent that the child engage in illegal sexual activity. If convicted, Molina faces a mandatory minimum sentence of 10 years, up to life in federal prison. Molina was arrested on May 30, 2014 at the Jacksonville International Airport. He has been in custody on related state charges since that time. A detention hearing is scheduled for July 14, 2014 at 10:00 a.m. before United States Magistrate Judge Monte C. Richardson.
According to the criminal complaint, during the afternoon of May 29, 2014, officers with the Jacksonville Aviation Authority Police Department (JAAPD) received a telephone call from an individual who advised that a particular female minor child had disappeared from her home in Las Vegas and was believed to be traveling by air to Jacksonville, Florida. JAAPD officers queried the National Crime Information Center and learned that the Las Vegas Metropolitan Police Department (LVMPD) had made a “missing persons” entry regarding a 14-year old female child with the same name. A check of airline manifests confirmed that this minor child was listed as a passenger on board a flight from Las Vegas to Jacksonville, with a connection in Charlotte, North Carolina. JAAPD coordinated with officers from the Charlotte-Mecklenberg Police Department (CMPD), who intercepted the child at the Charlotte International Airport and took her into protective custody. The child had been scheduled to board a flight from Charlotte to Jacksonville, due to arrive shortly after midnight on May 30, 2014.
The criminal complaint alleges that, as the expected arrival time for the Jacksonville flight approached, a JAAPD officer observed Javier Guerrero Molina in a waiting area in the Jacksonville International Airport lobby. When asked by the officer, Molina advised that he was there to meet a particular passenger. Molina was subsequently detained.
During an interview, Molina admitted that he entered the United States in 1999 or 2000 by paying a smuggler $700 to help him cross the border on foot near Laredo, Texas. Record checks confirmed that there is no record of Molina legally entering the United States or ever having legal status in this country. Molina also stated that he had previously engaged in sexual activity with the child in Jacksonville, before the child and her family moved to Las Vegas. He also stated that he sent the child money to pay for a one-way airline ticket from Las Vegas to Jacksonville, and that he expected their sexual relationship to continue when the child returned to Jacksonville.
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 Jacksonville Aviation Authority Police Department, the Las Vegas Metropolitan Police Department, the Jacksonville Sheriff’s Office, the Federal Bureau of Investigation (Jacksonville and Charlotte, North Carolina), the Charlotte-Mecklenberg Police Department, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Jacksonville State Attorney’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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 visitwww.usdoj.gov/psc.
Duval County Man Pleads Guilty to Aiding and Abetting Counterfeit Check FraudRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Terrance Smith (39, Jacksonville) today pleaded guilty to two counts of aiding and abetting the passing or attempted passing of counterfeit checks. He faces a maximum penalty of 25 years in federal prison on each count. Smith is also on federal supervised release for conspiracy to pass fictitious financial instruments. He faces up to 2 years in federal prison for the supervised release violation.
According to the plea agreement, in or about October 2013, Terrance Smith and others began distributing counterfeit business checks that used the business checking account number of a church located in Jacksonville. After locating various individuals to pass the counterfeit business checks, Smith would then provide transportation to the individuals for the purpose of passing the counterfeit checks. Upon arriving at a business that cashed checks, Smith or his co-defendant, Shameka Robinson, would give the counterfeit check to the passer. Smith would come back to the business, or a predetermined location near the business, and pick up the passer. The passer would hand the money directly to Smith or to Robinson. Smith would pay each passer whom successfully cashed a counterfeit check.
On November 13, 2013, law enforcement officers set up surveillance in a trailer park based on credible information that an individual, ultimately identified as Smith, would be coming there to pick up individuals for the purpose of passing counterfeit checks. Smith and Robinson subsequently drove into the trailer park in order to pick up individuals. Upon entering the park, Smith observed law enforcement and began turning in order to exit. As he left the area, Smith began tearing up counterfeit checks. Law enforcement conducted a lawful investigative stop on Smith's vehicle and observed an open plastic grocery bag containing counterfeit check stubs purportedly from payroll checks. Officers also located counterfeit check stubs and torn up counterfeit checks inside the vehicle. Inside of Robinson’s purse, officers located additional counterfeit business checks.
In total, law enforcement officials connected Smith and Robinson to twenty-five counterfeit business checks passed or attempted to be passed in Jacksonville. Robinson pleaded guilty on July 1, 2014 to aiding and abetting the passing or attempted passing of counterfeit checks. She is scheduled to be sentenced on September 30, 2014. Robinson faces a maximum penalty of 25 years in federal prison.
This case was investigated by the North Florida Financial Crimes Task Force, the United States Secret Service, and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
Ocoee Man Convicted of Aiding and Abetting Attempted Commercial RobberyRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Jacques Maddox (22, Ocoee) guilty of one count of aiding and abetting the attempted robbery of a Walgreens store located at 5501 South Kirkman Road in Orlando. Maddox faces a maximum penalty of 20 years’ imprisonment. His sentencing hearing is scheduled for October 10, 2014. Maddox was indicted on April 2, 2014.
According to testimony and evidence presented at trial, on the night of September 2, 2013, Maddox and his friend Joe E. Clinton went to the Walgreens store on South Kirkman Road. After casing the store for hours, Maddox and Clinton walked into the store for the final time around 11:00 p.m. The men split up, and while Maddox took his position as a lookout near the center of the Walgreens, Clinton forced the store’s manager inside the office and pulled out a gun. Clinton then demanded that the manager open the store’s safe, threatening to shoot him if he didn’t do as he was told. When the manager refused to comply with Clinton’s demands, Clinton pistol whipped the manager, striking him several times in the head and shoulders with his gun. Clinton then ran out of the office, met up with Maddox in the middle of the store, and pulled his gun on other employees and store customers as he and Maddox fled.
On March 24, 2014, Clinton pleaded guilty to one count of aiding and abetting the attempted robbery of the Walgreens on September 2, 2013, one count of robbery of a CVS store located at 1201 East Colonial Drive in Orlando, on September 10, 2013, and two counts of using and carrying a firearm during and in relation to those violent crimes. He faces a maximum penalty of 20 years in prison on each of the attempted robbery and robbery counts. For the firearms convictions, Clinton faces a combined mandatory minimum sentence of 32 years’ imprisonment, to run consecutively to any other prison term imposed. His sentencing hearing is scheduled for July 25, 2014.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, & Explosives, and the Orlando Police Department. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
Developer Sentenced to More Than 10 Years in Prison for Mortgage Fraud ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich yesterday sentenced Joseph Daniele (42, Tampa) to 10 years and 1 month in federal prison for conspiracy to commit wire fraud. As part of his sentence, the court also entered a money judgment in the amount of $7,469,739.00. Daniele pleaded guilty on May 29, 2013.
According to court documents, Daniele was a developer who “flipped” houses across Florida, including approximately 80 houses located in south St. Petersburg. Daniele and his conspirators advertised “no money down” home investment opportunities to buy Section 8-ready houses, for people with good credit. However, the loans arranged by the conspirators actually required that the borrowers put money into the deals. Daniele either fronted the down payments directly, or indirectly, through complicit title agents and mortgage brokers. The scheme involved hundreds of properties, almost all of which fell into foreclosure, resulting in at least $7 million in losses.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Thomas N. Palermo.
Florida Correctional Officer Pleads Guilty to Tax Fraud Using Inmates’ IdentitiesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Jerry St. Fleur (26, Tampa) today pleaded guilty to wire fraud and aggravated identity theft. St. Fleur faces a maximum penalty of twenty years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, beginning no later than January 2011, and continuing until about May 2014, St. Fleur, in his capacity as a correctional officer at the Zephyrhills Correctional Facility, in Zephyrhills, Florida, unlawfully accessed and stole the personal identifying information (PII) of inmates, both former and current, within the Florida Department of Corrections (FDOC). St. Fleur would “screen scrape” (i.e., cut and paste) inmates’ PII, without their knowledge or permission, from FDOC databases and then use that PII to file false tax returns. As part of this scheme, St. Fleur filed approximately 182 fraudulent income tax returns. The government estimates that the total amount of fraudulent refunds requested from the 182 tax returns was over $500,000.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Matthew Jackson.
This case was brought as part of the Tampa Bay Identity Theft Alliance, an initiative dedicated to combating the scheme of using stolen identities to file fraudulent federal income tax refund claims. The United States Attorney's Office for the Middle District of Florida, the United States Secret Service, the United States Postal Inspection Service, Internal Revenue Service Criminal Investigation, the Federal Bureau of Investigation, the Tampa Police Department and the Hillsborough County Sheriff's Office are working together on this joint investigative and enforcement effort.
St. Johns Man Sentenced to Six Years for Distribution of Child PornographyRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard yesterday sentenced Sean-Michael Smith (25, St. Johns) to 72 months in federal prison for distribution of child pornography, to be followed by a seven year term of supervised release. Smith, who was also ordered to register as a Sex Offender, pleaded guilty on February 24, 2014.
According to court records, on July 3, 2013, a detective from the St. Johns County Sheriff’s Office was actively investigating computer users who were distributing child pornography via a peer-to-peer file sharing network. On that date, the detective was able to successfully download three videos depicting minors engaging in sexually explicit conduct from an IP address registered to Smith. Based on this information, the Federal Bureau of Investigation obtained a search warrant for Smith’s residence. When the warrant was executed on August 2, 2013, Smith admitted to previously downloading and viewing child pornography, including one of the videos downloaded by the detective. Smith stated, among other things, that he had been viewing child pornography for ten years, and admitted that whenever the file sharing program on his computer was active, any downloaded content in the shared folder would be available for other users on the file sharing network to download.
This case was investigated by the Federal Bureau of Investigation, Florida Department of Law Enforcement and the St. Johns County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Diidri W. Robinson.
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.
Cuban Alien Smuggler ConvictedRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Yoel Emilio Baez-Hernandez (41), a Cuban citizen with lawful permanent residence in the United States, guilty of conspiring to bring 73 Cuban aliens to the United States, and bringing 13 Cuban aliens to the United States. Baez-Hernandez faces a maximum penalty of 10 years in federal prison for each alien he conspired to bring into the United States. In addition, he faces a mandatory minimum sentence of 5 years, up to 15 years in federal prison for bringing the 13 illegal aliens into the country. His sentencing hearing is scheduled for September 19, 2014. Baez-Hernandez was indicted on February 20, 2014. He was charged by a superseding indictment on May 15, 2014.
According to the testimony of the three co-conspirators and other evidence presented at trial, Baez-Hernandez, Carlos Velazquez-Roman, and Edel Mesa-Hernandez conspired in late 2006 to early 2007 to bring Cuban aliens to the Port Charlotte area from the Pinar del Rio Provence located in north-western Cuba. From February 2007 through December 2009, they used Baez-Hernandez’s fast-boat, a two-outboard-engine Renegade, as one of the vessels to travel to Cuba and back. They brought the individuals to the west coast of Florida and then caused them to be transported to the Miami area. The Cuban aliens then turned themselves into immigration authorities as having just landed nearby. The jury found that Baez-Hernandez conspired to bring 73 illegal aliens to the United States and that he and Velazquez-Roman brought 13 illegal aliens to the United States from Cuba on May 26-27, 2009. The testimony established that the conspirators charged approximately $10,000 per person to bring the aliens to the United States from Cuba.
A total of six individuals were charged in this case. Five previously pleaded guilty for their roles and are currently awaiting sentencing.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Border Patrol, and the United States Coast Guard. It is being prosecuted by Senior Litigation Counsel Donald L. Hansen and Assistant United States Attorney Natalie Hirt Adams.
Five Individuals Charged with Conspiring to Distribute Methamphetamine in Baker CountyRead the Press Release
Jacksonville, Florida - United States Attorney A. Lee Bentley, III, Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, and Baker County Sheriff Joey B. Dobson announce that Ashley Chase Lee (31, Alma, Georgia), Archie Crook (35, Nassau County), Robert Hartzog (27, Baker County), Anthony Fisher (35, Baker County), and Garrett Follis (27, Baker County) have been charged with conspiracy to distribute 50 grams or more of pure/actual methamphetamine. Each faces a mandatory minimum term of 10 years, up to life in federal prison. Follis, Hartzog and Crook have pleaded guilty to their charges, pursuant to written plea agreements, and are awaiting sentencing. Lee and Fisher are set for trial in September 2014, in Jacksonville.
According to the plea agreements, beginning in approximately May 2013, Lee supplied ounce quantities of crystal methamphetamine to Crook, who then supplied it to others, including Hartzog and Follis. Much of the methamphetamine was distributed from an apartment in Macclenny, Baker County, Florida. Law enforcement officers with the Baker County Sheriff’s Office and the Drug Enforcement Administration seized, in total, approximately 204.7 grams of methamphetamine, some of which was deemed to be 73.3% pure.
This case was investigated by the Drug Enforcement Administration and the Baker County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Julie Hackenberry.
Tampa Woman Sentenced to 7 Years in Prison for Role in Credit Card Fraud / Identity Theft RingRead the Press Release
Tampa, FL – U.S. District Judge James S. Moody, Jr. today sentenced Danay Crespo-Rodriguez (25, Tampa) to seven years’ incarceration for conspiracy to commit credit card fraud and aggravated identity theft. The Court also ordered her to pay $599,744.11 in restitution to the victims of her crimes and entered a forfeiture money judgment in the amount of $655,568.61, which represents the proceeds of Crespo-Rodriguez’s crimes.
Crespo-Rodriguez pleaded guilty on October 1, 2013 and was released on bond. She then absconded from supervision on November 10, 2013 and was only recaptured after she was arrested at a Tampa-area Target store for shoplifting and assault. Three of her co-conspirators have already pleaded guilty for their roles in the scheme. One was convicted on all counts following a trial. Four others have been sentenced. Another co-conspirator remains a fugitive.
According to court documents, the conspirators, led by Michel Lermos-Hernandez, ran a credit card fraud ring. Lermos, aided by his girlfriend, Danay Crespo-Rodriguez, and others, obtained credit card numbers by placing key loggers on credit card terminals that intercepted and stored swiped credit and debit card account information at the International Mall in Tampa. One key logger, in particular, was placed at the Haagen-Dazs ice cream store. Lermos and others then created counterfeit credit cards using the stolen credit and debit card account numbers. After making the credit cards, Lermos provided the counterfeit credit cards to his co-conspirators, including his sister, Norma Cabezas-Hernandez, his girlfriend, Danay-Crespo Rodgriguez, and at least two other individuals, Lazaro Rodriguez and Abel Osorio-Cuok. The conspirators used the counterfeit cards to buy electronics and gift cards at Tampa-area retailers. The conspirators then took these items to Viviana Reyes= house, where she paid them in cash for the fraudulently-obtained merchandise. When Reyes purchased the items from her conspirators, she paid them approximately 50% of the retail value of the items, before reselling them for approximately 60% of the retail value. Reyes advertised the items via text message and email.
Agents recovered more than 4,000 stolen credit and debit card numbers and estimate the loss to the affected financial institutions, to date, is in excess of $650,000.
This case was investigated by the Tampa Police Department, Florida Department of Law Enforcement and the United States Secret Service (USSS), all of whom are members of the USSS’s credit card fraud and identity theft task force. It was prosecuted by Assistant United States Attorneys Mandy Riedel and Suzanne Nebesky.
Lakeland Man Sentenced to Sixteen Years for Production of Child PornographyRead the Press Release
Tampa, FL– U.S. District Court Judge Susan C. Bucklew today sentenced Lawrence H. Dorman a/k/a “Howie” (43, Lakeland) to sixteen years in prison for production of child pornography. In addition to his prison term, Dorman forfeited a blue Ford truck, electronic media, and his interest in real property located at 3127 Gardner Place, in Lakeland, Florida. Dorman pleaded guilty on December 3, 2013.
According to court documents, following an anonymous tip from the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Tip line, law enforcement determined that from approximately December 2012 until April 2013, Dorman engaged in a sexual relationship with a sixteen year-old minor female. Throughout the course of that relationship, Dorman supplied the minor with methamphetamine and produced videos of himself engaged in sexual acts with the minor.
On April 3, 2013, agents from HSI Tampa, the Lakeland Police Department and Polk County Sheriff's Office executed a search warrant at Dorman’s residence. During the search of the residence, law enforcement seized and previewed several electronic media items, including a desktop computer containing a video file. An examination of the video depicted Dorman engaged in explicit sexual contact with a female who has been identified as the minor victim in this case.
At the time of the search warrant, law enforcement interviewed Dorman, a/k/a "Howie." Dorman admitted to having sex with the minor victim and creating video recordings of the sex acts. A subsequent interview with the minor victim corroborated the evidence seized in the case. The minor victim also advised that Dorman provided her with marijuana and methamphetamine while at his residence.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Tampa, and the Lakeland Police Department, with assistance from the Polk County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Stacie B. Harris.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Two Charged with Conspiring to Smuggle Weapons to Middle EastRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Mahmoud Abdel-Ghani Mohammad Assaf (45, Jordan) and Yasser Ahmad Obeid (19, Lebanon) have been charged in a federal criminal complaint with conspiring to smuggle firearms from the United States, and conspiring to deal in firearms without a license, and to ship and receive firearms in interstate and foreign commerce, in violation of federal export control and firearms laws. If convicted as charged in the complaint, Assaf and Obeid face a statutory maximum penalty of ten years’ imprisonment on each firearms and export violation charge, and five years’ imprisonment for the conspiracy offenses.
According to the complaint, Assaf, a Jordanian national in the United States on a visitor’s visa, and Obeid, a citizen of Lebanon and legal permanent resident residing in St. Petersburg, Florida, are part of a network of individuals involved in smuggling firearms from the United States to the Middle East. The complaint alleges that the firearms were concealed in vehicles purchased at used car auctions in the Central Florida area and then exported to countries located in Africa and the Middle East.
After being arrested on June 25, 2014, Assaf and Obeid made their initial appearances before United States Magistrate Judge Thomas B. McCoun III. Assaf was detained pending further proceedings. Obeid’s bond hearing is scheduled for 2:00 p.m. on Friday, June 27, 2014.
A criminal complaint is merely an informal 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 is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Tampa. It will be prosecuted by Assistant United States Attorney Josephine W. Thomas.
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Tampa Man Arrested for Trading Child PornographyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the arrest of Richard Donald Ragsdale (56, Tampa) on a federal complaint charging him with transportation, receipt, and possession of child pornography. Ragsdale made his initial appearance on June 24, 2014, before U.S. Magistrate Judge Thomas B. McCoun, III.
According to the complaint, on May 5, 2014, an undercover agent downloaded child pornography over the Internet from an Internet Protocol (IP) address that was connected to Ragsdale’s residence. Further investigation revealed online chats by Ragsdale, in which he admitted to having prior sexual contact with children and discussed the sexual abuse of children. On June 24, 2014, a federal search warrant was executed at Ragsdale’s Tampa residence. Agents found hundreds of videos and images depicting child pornography on Ragsdale’s laptop.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Marshals Service. It is being prosecuted by Assistant United States Attorney Jennifer L. Peresie.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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.
Second Green Cove Springs Convenience Store Owner Pleads Guilty to Tax Refund TheftRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Abass Issa (47, Flemming Island) today pleaded guilty to stealing government property described as fraudulently-obtained tax refunds. Issa faces a maximum penalty of 10 years in federal prison, as well as an obligation to pay back restitution to the United States in the amount of $1,909,403.66. A sentencing date has not yet been set.
According to the plea agreement, Issa owned and operated a convenience store in Green Cove Springs known as V&J Stores, Inc. Antoun Arbaji, who previously pleaded guilty on May 27, 2014, owned and operated another convenience store, Fina Express, a few blocks away.
In 2011, Issa began obtaining fraudulent tax refund checks and fraudulently-obtained refund anticipation loan checks from a source in Tampa, Florida. Issa, in turn, located individuals like Arbaji who, for a percentage fee, would cash the checks through their business accounts. After cashing the checks, Arbaji would remit the cash proceeds to Issa. Issa, in turn, would keep a fee and remit the remainder of the proceeds to the source of the checks in Tampa. During 2011, Arbaji cashed more than $1.5 million in fraudulently-obtained tax refund checks and more than $400,000 in fraudulently-obtained refund anticipation loan checks using his Fina Express business account. After cashing the checks, he delivered the proceeds to Issa, who, after collecting his fee, delivered the remaining proceeds to a source in Tampa. The last individual was prosecuted in the Northern District of Florida.
Many of the fraudulent tax refund checks and refund anticipation loan checks were obtained in the names of individuals who were dead at the time when the tax returns were filed.
According to court records, the Internal Revenue Service-Criminal Investigations and the United States Secret Service seized more than $352,000 from Arbaji’s bank account prior to the return of an indictment in this case.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.
Orlando Man Pleads Guilty to Credit Card FraudRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Tony Frith (35, Orlando) today pleaded guilty to access device fraud. Frith is facing up to 10 years in federal prison and a 3-year term of supervised release. The sentencing hearing has been set for September 15, 2014.
According to court documents, officers from the Orlando Police Department conducted a traffic stop of Frith’s vehicle on September 15, 2013. During the stop, a drug detection dog alerted to the presence of an illegal drug from inside Frith’s vehicle. Officers then conducted a search of the vehicle. During the search, one of the officers found a backpack in the vehicle’s trunk that contained a computer, an attached encoding device, and more than 200 counterfeit credit cards. Further investigation determined that the credit cards were counterfeit and that they had been re-encoded with stolen credit card numbers. A subsequent examination of Frith’s computer revealed that it contained more than 3,000 credit card numbers, as well as text files with names, dates of birth, and Social Security Numbers. The total amount of actual loss associated with the counterfeit credit cards and stolen credit card numbers found in Frith’s possession is over $470,000.
This case was investigated by the Orlando Police Department and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Roger B. Handberg.
Idaho Man Pleads Guilty to Distributing Child PornographyRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that Charles Keith Rolfe (60, Heyburn, Idaho) today pleaded guilty to distributing child pornography. Rolfe faces a mandatory minimum of 5 years, up to 20 years in federal prison. He also faces a mandatory minimum of 5 years, up to a lifetime of supervision, after his release, and will be required to register under the Sex Offender Registration and Notification Act.
According to the plea agreement, on February 28, 2014, Rolfe communicated via a Mobile Messaging Application (“MMA”) on his cellular phone, with an individual with whom he believed he had previously traded child pornography (Subject #1). However, agents with Homeland Security Investigations had assumed Subject #1’s online identity and began communicating with Rolfe in an undercover capacity, after Subject #1’s arrest in October 2013. Rolfe sent the undercover agents at least three videos containing images of child pornography via the MMA on his cellular phone. During a later search of Rolfe’s home, agents found almost 900 images of child pornography stored on a cell phone.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Joseph M. Schuster.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Florida Resident Pleads Guilty to Attempted Sex Trafficking in EcuadorRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Patrick R. Minga (50, formerly of Cape Coral) pleaded guilty yesterday to attempting to induce and facilitate, for his own financial gain, the travel of an individual from Brevard County, Florida, to Quito, Ecuador, so that the individual could engage in illicit sexual conduct with minor girls. Minga faces a maximum penalty of 30 years in federal prison. His sentencing hearing has been scheduled for November 20, 2014.
During the change of plea hearing, Minga admitted that he advertised, on Craigslist, a sex tourism business in Ecuador that could facilitate lodging, transportation, meals, and unlimited access to females for a fee. An undercover task force agent observed the ad and contacted Minga. Over the course of several months, Minga tried to induce and arrange the travel of the undercover agent from Florida to Quito, where Minga advised that he could provide sexual encounters with minors as young as 13 and 14 years of age.
On March 2, 2014, Minga traveled from Ecuador to the United States, where he was arrested by agents in Huntsville, Alabama. Minga will remain detained pending further proceedings.
This case was investigated by the Brevard County Sheriff’s Office and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
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.
Colombian Man Pleads Guilty to Importation of Heroin Through the Orlando International AirportRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III, announces that William Paez Rubiano (40, Colombia) pleaded guilty to an Indictment charging him with importing heroin into the United States from Colombia. He also pleaded guilty to possession of heroin with intent to distribute in the United States. Paez Rubiano faces a maximum sentence of 20 years in federal prison for each count, and a fine of up to $2,000,000. He is currently detained pending his sentencing hearing on September 15, 2014.
Paez Rubiano admitted that, on May 8, 2014, he arrived in Orlando from Bogota, Colombia aboard JetBlue Airways Flight 1784, traveling with his wife and their seven-year-old daughter. Upon arrival at the Orlando International Airport, a U.S. Customs and Border Protection (CBP) K-9 Officer conducted a canine sweep of Paez Rubiano and his family, including their carry-on luggage. The canine positively alerted to the odor of narcotics emanating from the carry-on luggage. Paez Rubiano’s carry-on luggage was examined and the officers discovered, concealed inside the linings of the luggage, a brown powder substance that yielded positive results to the presence of heroin. Paez Rubiano accepted responsibility for the drugs, which were above three kilograms of heroin.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Local Tattoo Artist Convicted of Federal Firearms ChargeRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Anthony Lee Erity (33, Kenneth City) guilty of possession of a firearm and ammunition by a convicted felon. Erity faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for September 18, 2014, before U.S. District Judge Virginia M. Hernandez Covington. Erity was indicted on November 21, 2013.
According to testimony and evidence presented at trial, on July 11, 2013, during an undercover operation at a local tattoo shop in Pinellas County, Erity sold a firearm and ammunition out of his car to a confidential informant. Erity had previously been convicted of a felony, and was therefore prohibited from possessing firearms or ammunition under federal law. Both the firearm and ammunition were manufactured outside the State of Florida and therefore affected interstate commerce. As the trial date approached, Erity took steps to flee the country to avoid federal prosecution. Based on that conduct, Erity was ordered detained pending trial.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorneys Adam M. Saltzman and Simon A. Gaugush.
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 another example of ATF’s Frontline Strategy to impact violent crime within our communities.
Haines City Man Pleads Guilty to Smuggling Firearms and Ammunition from the United States to ColombiaRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Mauricio Arbelaez (42, Haines City) pleaded guilty today to smuggling goods from the United States, possession of an unregistered silencer, and possession of a firearm with an obliterated serial number. Arbelaez faces a maximum penalty of 25 years in federal prison. Arbelaez was indicted on March 7, 2014.
According to the plea agreement, between November 19, 2012 and November 26, 2012, Arbelaez shipped three packages to Colombia, using a shipping company in Kissimmee, Florida and a third-party shipping company located in Miami, Florida. The packages contained rounds of ammunition and firearms that were concealed in 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, Florida. 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, and discovered ammunition and a firearm with an obliterated serial number inside. The two packages, the firearm, and ammunition were eventually turned over to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), 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 located a safe inside a residence in Orlando, Florida, where Arbelaez stored ammunition, firearms, including a stolen firearm, and a silencer which 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 is being prosecuted by Assistant United States Attorney Andrew C. Searle.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with 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. This is another example of ATF’s Frontline Strategy to impact violent crime within our communities.
Federal Jury Convicts Sanford Felon for Possessing A FirearmRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Brandon Lavantis Hughes (28, Sanford) guilty of possession of a firearm by a convicted felon. Hughes faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for September 15, 2014, before U.S. District Judge Roy B. Dalton, Jr. Hughes was indicted on April 2, 2014.
According to testimony and evidence presented at trial, on November 25, 2011, officers from the Sanford Police Department responded to a 911 call indicating that an individual was pointing a firearm at people on a public street in Sanford. After the responding officers arrived at the scene, one of the officers further observed Hughes walk towards a bar that was located on the street. The officers stopped Hughes and recovered a loaded Colt .357 caliber revolver from a nearby garbage can. The firearm was loaded with one round of Remington .357 caliber ammunition. A forensic examination of the firearm revealed that Hughes’ fingerprints were present in two locations on the firearm. Both the firearm and ammunition were manufactured outside the State of Florida and therefore affected interstate commerce.
At the time of the incident, Hughes was a convicted felon. As such, he was not permitted to possess a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Sanford Police Department, and the Volusia County Sheriff’s Office. It is being 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. This is another example of ATF’s Frontline Strategy to impact violent crime within our communities.
Colombian Maritime Narcotics Trafficker Sentenced to 25 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Arley Fernando Garces (34, Colombia) to 25 years in federal prison for possession with intent to distribute cocaine while on board a vessel subject to the jurisdiction of the United States, and conspiracy to do the same, in violation of the U.S. Maritime Drug Law Enforcement Act. Garces pleaded guilty on April 14, 2014. Garces is the last of three co-defendants to be sentenced in this case. Judge Bucklew previously sentenced Santos Cerros-Maldonado to 12 years and 4 months’ imprisonment. Gregorio Campo-Rodriguez was sentenced to 7 years and 3 months in federal prison.
According to court documents and testimony, on August 19, 2013, the United States Coast Guard interdicted Garces, Campo-Rodriguez and Cerros-Maldonado onboard a stateless vessel in the Caribbean Sea. During the interdiction, individuals onboard that vessel jettisoned electronics, personal identifying information, and one kilogram of cocaine. Investigators later determined that Garces and his co-conspirators were smuggling hundreds of kilograms of cocaine in a false bottom of that vessel.
This case was investigated by the Panama Express South Strike Force, a standing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation comprised of agents and analysts from the Federal Bureau of Investigation, the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Coast Guard Investigative Service, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force North. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
The case was prosecuted by Special Assistant United States Attorney Michael J. Meyer and Assistant United States Attorney Maria Chapa-Lopez.
Leader of Colombian Drug Trafficking Organization Sentenced to 27 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Susan C. Bucklew today sentenced Jose Samir Renteria-Cuero (51, Cali, Colombia), a/k/a “Jose Morfi,” to 27 years in federal prison for conspiring with others to distribute 5 kilograms or more of cocaine onboard a vessel subject to the jurisdiction of the United States. Renteria-Cuero pleaded guilty on February 6, 2014.
According to court documents, Renteria-Cuero was involved in maritime cocaine smuggling operations from the 1980s until at least 2009. He started out as a mechanic, servicing go-fast vessels (GFVs) and participating in GFV smuggling operations. Eventually, he acquired and built GFVs and self-propelled semi-submersible (SPSS) vessels and recruited mariners to participate in maritime cocaine smuggling operations. Renteria-Cuero worked with others to transport and store cocaine in Colombia, construct and repair GFVs and SPSS vessels, and dispatch those stateless vessels from Colombia. Renteria-Cuero acted as a “general contractor,” accepting contracts to build SPSS vessels from cocaine owners in Colombia. Renteria-Cuero provided maritime cocaine transportation services aboard stateless vessels that were used to smuggle the drugs from Colombia to Mexico, via the Pacific Ocean, in international waters - knowing and intending that the cocaine would ultimately be imported unlawfully into the United States. Many of these ventures involved at least 1,000 kilograms of cocaine.
Renteria-Cuero was arrested in Cali, Colombia in March 2012, and subsequently extradited to the United States, first arriving at a place in the Middle District of Florida.
This case was investigated by the Panama Express South Strike Force, a standing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation comprised of agents and analysts from the Federal Bureau of Investigation, the Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Coast Guard Investigative Service, the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
The case was prosecuted by Assistant United States Attorney Christopher F. Murray. The Department of Justice’s Office of International Affairs assisted with extradition of the defendant from Colombia.
Jacksonville Man Sentenced in Scheme to Defraud over $904,000Read the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan today sentenced David Allen Dinsbeer (37, Jacksonville) to 33 months in federal prison for his role in defrauding Hickory Foods, a Jacksonville company. He was also sentenced to serve a 2-year term of supervision, following his incarceration, and ordered to pay $904,373 in restitution. Dinsbeer was allowed to remain free on bond pending designation by the Bureau of Prisons for the commencement of his sentence. Dinsbeer pleaded guilty to 16 counts of conspiracy to commit wire fraud and wire fraud on March 19, 2014.
According to court records, between January 2011 and May 2012, Dinsbeer defrauded the Hickory Foods group of companies out of approximately $904,000. The Hickory Foods companies are best known for Bubba Burgers. The investigation revealed that Dinsbeer used phony supplier companies to bill for supplies which were never delivered. He then deposited the checks, which were issued on false invoices, into bank accounts for the phony companies, which he controlled. An FBI forensic accountant determined that the companies had no legitimate business expenses and that Dinsbeer withdrew money from the accounts and used the accounts to pay his personal expenses. According to court records, Dinsbeer conspired with an employee of Hickory Foods companies in order to carry out the scheme.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Dale Campion.
Tampa Man Sentenced for Bank Fraud ConspiracyRead the Press Release
Tampa, FL – U.S. District Judge Richard A. Lazzara today sentenced Guerryson Torres (50, Tampa) to 33 months in federal prison for conspiracy to commit bank fraud. The court also ordered a money judgment in the amount of $993,828.75, and restitution to the victims totaling $973,486.69.
Torres pleaded guilty on March 28, 2014.
According to court documents, from June 2008 to August 2009, Torres conspired with others to defraud GTE Federal Credit Union and Grow Financial Credit Union. Torres owned and operated a company named Tampa Bay Auto Remarketing (TBAR) that contracted to sell cars and boats that had been repossessed by the credit unions. Under TBAR’s agreements with the victim credit unions, after selling the vehicles, TBAR was supposed to send the money from the sale of the vehicle, less an agreed-upon fee, to the financial institutions. However, for about 40% of the sales, Torres and his co-conspirators prepared and sent the credit unions false invoices that underreported the sales price of each vehicle, thereby stealing the difference between the underreported sales price and the actual sales price. In addition, with respect 77 of the cars sold for GTE, Torres and TBAR simply pocketed the entire sales amount of the vehicles, and never paid GTE at all.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Mark E. Bini.
Tampa Man Pleads Guilty to Production of Child Pornography on MacDill Air Force BaseRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Erich Clifford Mandell Ramos (27, Tampa) today pleaded guilty to production of child pornography. Mandell Ramos faces a minimum mandatory term of 15 years, up to a maximum penalty of 30 years in federal prison.
According to the plea agreement, Mandell Ramos sexually abused a minor while visiting a home at MacDill Air Force Base. Mandell Ramos took sexually explicit photographs of the minor victim and instructed her not to tell her mother. He paid the minor approximately $20.00.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Stacie B. Harris.
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.
Owner of Tampa Contracting Company Pleads Guilty to Paying Illegal Kickbacks for Fraudulent Training CertificatesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces that Paul R. Pinet (67, Tampa) yesterday pleaded guilty to conspiracy to defraud the United States and to making false, fictitious, and fraudulent statements. Pinet faces a maximum penalty of five years in federal prison on the conspiracy charge. Barry Fitzgerald (62, Lakeland) pleaded guilty to the same charge in a related case on May 15, 2014.
According to the plea agreement, Pinet owned and operated Premier Corrosion Protection Services, Inc., a contracting company in Tampa that provided its contracting services to phosphate mines in Polk County and elsewhere. Fitzgerald was a Mine Safety and Health Administration (“MSHA”) approved safety instructor at a community college located in Polk County.
Federal law requires all miners, including those working in a surface mining operation, to receive training and instruction regarding various health and safety risks. New miners are required to take a 24-hour, newly-employed, inexperienced miner training course. Experienced miners are required to take an 8-hour refresher course each year. The training must be performed by an MSHA-approved training instructor and documented on MSHA Form 5000-23. Newly-employed inexperienced miner training is the mechanism by which miners receive their initial familiarization with the multitude of dangers inherent in the mining occupation, and their notification of their legal right to a safe working environment under the Mine Act.
From 2008 to at least July 2011, Pinet conspired with Fitzgerald and others to impede and impair MSHA’s administration and oversight of the Federal Mine Health and Safety Act and conspired to make false and fraudulent training certificates. As part of this conspiracy, Pinet purchased and caused the purchase of falsified training certificates (MSHA Forms 5000-23) from Fitzgerald for both the company’s new and experienced miners. The certificates were used by the company to make it appear as if its employees were properly trained, but in truth, Fitzgerald did not perform any MSHA training for the individuals named on the falsified certificates. Pinet obtained false and fraudulent training certificates in this manner for himself and other company employees. The company used these untrained workers to perform work at various phosphate mines in Polk County, including the Four Corners Mine.
In exchange for providing false and fraudulent training certificates, Pinet paid a kickback to Fitzgerald. The kickbacks were paid in cash or a check from the company made payable to cash. Pinet paid Fitzgerald $100 and later $125 per falsified training form. In addition to cash payments, Pinet caused at least $4,350 in checks to be paid to Fitzgerald between March 2009 and July 2011.
Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health, stated: "Miner training is a critical element in assuring a safe work place and preventing injuries, illnesses, and death. Those individuals who falsify miner training certificates put miners at risk and will be prosecuted to the full extent permitted by law."
This case was investigated by the Federal Bureau of Investigation and the United States Department of Labor, Mine Safety and Health Administration. It is being prosecuted by Assistant United States Attorney Matthew J. Mueller.
Lakeland Mail Carrier Arrested for Theft of Mail and Treasury ChecksRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the arrest of Franklin C. Barnes (48, Winter Haven) on a federal complaint charging him with theft of mail and government property in the form of U.S. Treasury checks. Barnes made his initial appearance before U.S. Magistrate Judge Thomas G. Wilson today, in Tampa, and was released on a $25,000 personal surety bond.
According to the complaint, Barnes stole at least three U.S. Treasury checks from the mail that were addressed to an address on his postal route, and sold them to an undercover law enforcement agent.
A criminal 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.
This case was part of an ongoing joint investigative effort by the United States Postal Inspection Service and the United States Postal Service – Office of Inspector General, Internal Revenue Service – Criminal Investigations, Federal Bureau of Investigation, Florida Department of Law Enforcement, and the Lakeland Police Department. It will be prosecuted by Assistant United States Attorney Kelley Howard-Allen.
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Department of Defense Contractor Pleads Guilty to Production of Child PornographyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Michael C. Vella (36, Riverview) today pleaded guilty to production of child pornography. He faces a minimum mandatory term of 15 years, up to a maximum penalty of 30 years in federal prison.
According to the plea agreement, a 16 year-old female reported to law enforcement that Vella had been forcing her to have sex with him since the middle of 2012. The victim disclosed that Vella had, on at least one occasion, utilized his laptop computer to record their sexual intercourse. At the time the arrest warrant was issued, Vella was deployed to Afghanistan as a Department of Defense contractor.
This case was investigated by the Federal Bureau of Investigation and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Stacie B. Harris.
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.
Orlando Man Sentenced to Five Years in Federal Prison for Firearms ConspiracyRead the Press Release
Tampa, FL – U.S. District Judge Elizabeth A. Kovachevich sentenced Arami Rodriguez (37, Orlando) to five years in federal prison for conspiring to possess unregistered firearms. Rodriguez pleaded guilty on March 26, 2014. The sentencing hearing was held on June 17, 2014.
According to court documents, Rodriguez conspired with another individual to possess and sell unregistered firearms to an undercover detective. As part of the conspiracy, Rodriguez provided his co-conspirator with a machine gun, silencer, and a short-barreled rifle, each of which was sold to the detective. None of those firearms were registered in the National Firearms Registration and Transfer Record. Rodriguez eventually sold three other silencers directly to the undercover detective.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Joseph W. Swanson.
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.
Former Credit Union Teller Sentenced to Prison for Tax Fraud ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich today sentenced Louren Velez to three years in federal prison for conspiring to defraud the Internal Revenue Service and to steal government funds, and for aggravated identity theft. The court also ordered Velez to forfeit $351,431.44, as well as a 2010 Honda automobile, which was traceable to proceeds of the offense.
Velez was found guilty on February 28, 2014.
According to court documents Velez, a Suncoast Schools Federal Credit Union teller, conspired with account holders Beverly McFadden and Larry Walker to cash forty-seven fraudulently-obtained federal income tax refund checks, totaling more than $350,000. McFadden and Walker each pleaded guilty to their respective roles in the conspiracy, for which McFadden was sentenced to six years and seven months in prison. Walker was sentenced to time served, followed by three years of supervised release.
This case was investigated by the Internal Revenue Service – Criminal Investigations and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Bob Mosakowski.
Two Men Sentenced for Harassing ManateesRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that Taylor Blake Martin (22, Alabama) and Seth Andrew Stephenson (22, Rockledge) were sentenced today by U.S. Magistrate Judge Gregory J. Kelly. Martin and Stephenson previously pleaded guilty to harassing an endangered species.
Judge Kelly ordered Martin to pay a $3,000 fine, and sentenced him to 175 hours of community service, and 2 years’ probation. Stephenson was ordered to pay a $2,000 fine, and was sentenced to 175 hours of community service, and 2 years’ probation. Martin and Stephenson were also ordered to individually post an apology and a statement of remorse on Facebook.
According to court documents, the U.S. Fish and Wildlife Service became aware of a video posted on Facebook that showed one individual luring two manatees to a dock with a water hose and another individual jump off of a boat dock and “cannonball” an adult manatee and a calf. Further investigation revealed that Martin was the person who “cannonballed” on top of the manatees and Stephenson lured the manatees to the dock with the water hose. The video shows Martin land on the back of the adult manatee as the manatees swim away. Stephenson then begins to use the water hose in an attempt to lure the manatees back as the video ends.
After the video was posted on Facebook, several people commented on it. In response to a post that expressed displeasure with Martin’s actions, Martin responded, “hahaha…in my debue [sic] as tayla the manatee slaya…im f---- ready to cannonball on every manatee living yewwww.”
"The U.S. Magistrate Judge sent a clear message with this sentence that Manatee Harassment is a serious crime which will be dealt with harshly. If there had been evidence of physical damage to the Manatees he would have put them in jail," said Andrew Aloise Resident Agent in Charge for the US Fish and Wildlife Service.
“There’s absolutely no excuse for this type of reckless behavior with any wildlife species, but particularly those that are endangered,” said Ken Warren, U.S. Fish and Wildlife Service spokesperson. “We hope these sentences serve as a reminder of that and as a deterrent to anyone thinking of harassing or bothering, in any way, manatees or any type of wildlife.”
Manatees are protected under the Endangered Species Act and the Marine Mammal Protection Act. They are found in marine, estuarine and freshwater environments.
This case was investigated by the United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
Serial Bank Robber Sentenced to More Than 14 Years in Federal PrisonRead the Press Release
Ocala, Florida – Senior U.S. District Judge Wm. Terrell Hodges yesterday sentenced Renita Mount Rayner (53, Tampa) to 14 years and 7 months in federal prison for three counts of robbery of a federally insured financial institution and one count of possession of a firearm in furtherance of a crime of violence. The court also ordered Rayner to forfeit $8,028, traceable proceeds of the offenses. Rayner pleaded guilty on February 13, 2014.
According to court documents, on November 12, 2013, Rayner entered an Ocala branch of Alarion Bank, displayed a handgun, and handed a teller a note that read, “Have gun. Will use it. Give me all the money.” Once she had obtained $1,940, Rayner dropped the demand note and fled the bank in a red Honda automobile.
Detectives subsequently identified Rayner’s thumbprint on the recovered demand note. They also confirmed that Rayner’s car matched the description of the getaway vehicle. Days after the robbery, she was arrested on unrelated charges in the Tampa area. At the time of her arrest, Rayner had $1,602 in cash still inside of her purse.
Subsequent investigation showed that Rayner had committed at least two other robberies in the previous three months. On August 7, 2013, she walked into a Grow Financial Credit Union branch, in St. Petersburg. During that robbery, Rayner handed a teller a note that read, “Give me all your money, do not give a dye pack.” After obtaining $3,348, Rayner fled the credit union in the same red getaway car. When surveillance images of the robbery were released to the media, one of Rayner’s long-time friends recognized her as the robber and contacted authorities.
On September 5, 2013, Rayner robbed a Dunedin branch of BB&T bank. In that incident, Rayner handed a note to a bank employee that read, “Give me all your money, I have a gun and I am not afraid to use it.” After taking $2,740, Rayner fled the bank. Investigators ultimately recovered from a nearby trash can the demand note, wig and sunglasses that Rayner had used as a disguise. Rayner’s fingerprints were found on the sunglasses. Her DNA was later identified on the discarded wig.
This case was investigated by the Bureau of Alcohol, Tobacco Firearms and Explosives; the Federal Bureau of Investigation; the Marion County Sheriff’s Office; the Pinellas County Sheriff’s Office; the City of St. Petersburg Police Department; and the State Attorney’s Offices for Marion and Pinellas Counties. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Jacksonville Attorney and Her Former Client Sentenced for Investment SchemeRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard sentenced Amy Elizabeth Newby (42, Jacksonville) to 15 months in federal prison for mail fraud. As part of her sentence, the court also entered a money judgment in the amount of $85,050, the proceeds of the charged criminal conduct. Newby’s co-conspirator and former client, Donald Mitchell (37, Orlando), was sentenced to 15 years in federal prison for conspiracy to commit mail fraud, as well as a separate charge of wire fraud. As part of Mitchell’s sentence, the court also entered a money judgment in the amount of $96,050, representing the proceeds of the charged criminal conduct. Mitchell pleaded guilty on September 11, 2013. Newby entered her guilty plea on November 26, 2013. The sentencing hearing was on June 16, 2014.
According to court documents, between June 2010 and March 2011, Newby and Mitchell devised a scheme to defraud whereby victims were lured into believing that Mitchell was a legitimate investor, when in reality, he was not. Mitchell told investors that he invested in either hedge funds or leveraged buyouts. When convincing individuals to invest money with him, Mitchell often used an alias and made various misrepresentations concerning his career, including that he worked for Merrill Lynch, the Blackstone Group, or as an economics professor at the University of Florida. During the course of the scheme, with the help of Newby, Mitchell also fraudulently obtained luxury cars to substantiate his claim that he was a wealthy investor.
According to court documents, in one instance, Newby made multiple misrepresentations to a victim-investor and convinced the victim that Mitchell was out of the country and had lost an investment check that the victim had previously mailed to Mitchell. In reality, Mitchell was in jail on state charges and unable to gain access to the check. After speaking to Newby, the victim agreed to mail a new check. The new check was made payable to Mitchell and sent to Newby’s law office.
The testimony and evidence presented during the sentencing hearing showed that Newby’s Florida Bar license is currently suspended for an unrelated forgery, which occurred prior to the investment scheme. As to Mitchell, the evidence presented revealed that while detained awaiting his sentencing, Mitchell continued to attempt to commit fraud.
This case was investigated by the United States Secret Service and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Diidri W. Robinson.