Middle District of Florida
Press releases recorded for this federal judicial district.
Orlando Woman Sentenced to 15 Months' imprisonment for Social Security FraudRead the Press Release
TAMPA, FL – U.S. District Judge Susan C. Bucklew yesterday resentenced Marian I. Morgan to 33 years and 9 months in federal prison for conspiracy, wire fraud, interstate/foreign transportation of stolen funds, money laundering, and filing false tax returns. The court also ordered her to pay restitution in the amount of $19,958,995.00. A federal jury found Marian I. Morgan guilty on September 29, 2011, after a seventeen-day trial.
Marian I. Morgan was originally indicted on December 17, 2009. She was subsequently charged by a superseding indictment on May 31, 2011. Her husband, John Morgan, was also indicted. He pleaded guilty to conspiracy and money laundering charges, on June 15, 2011, and was sentenced to 10 years and 1 month in prison on November 28, 2011.
According to the evidence presented during the trial, Marian and John Morgan, who resided in Sarasota, Florida, were principals of a company named Morgan European Holdings from about 2005 to 2009. They promoted sham "high yield/ prime bank note" investment programs through the company, promising investors that they would receive returns of 200-300% in three months and that their principal funds would be held safe in an escrow account in Denmark. Trial evidence showed that the Morgans spent over $10 million of investors’ money on themselves, soon after investors wired the funds to the escrow account. The Morgans purchased luxury automobiles, a waterfront mansion, and numerous luxury items with investors’ funds. When investors inquired about the status of their investments, Marian Morgan sent repeated "lulling" communications, assuring the investors that their funds were safe in the escrow account. Between 2005 and 2009, the Morgans took in over $28 million in investors’ funds and returned some funds in the form of "Ponzi" payments.
In June 2009, the U.S. Securities and Exchange Commission (SEC) filed an enforcement action in the Middle District of Florida against the Morgans and others, alleging investment fraud. In response to the SEC action, Marian Morgan told investors to lie to the SEC and not cooperate with the agency. When the Morgans fled the United States and did not return, as ordered for a hearing in that case on July 16, 2009, U.S. District Judge Richard Lazzara issued a warrant for their arrest. The Morgans were arrested in August 2009, in the island nation of Sri Lanka, after attempting to pass a forged financial instrument. They were returned by federal agents to the United States in December 2009.
In April 2012, Judge Bucklew sentenced Marian Morgan to serve 35 years in prison. Marian Morgan appealed her sentence to the Eleventh Circuit United States Court of Appeals. In September 2013, that Court held that Marian Morgan’s sentence should not have included an enhancement for abusing a position of trust and remanded it to the trial court for resentencing.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation. The Danish National Police also cooperated in the investigation of this case. It was prosecuted by Assistant United State Attorney Cherie L. Krigsman and former Assistant United States Attorney Robert T. Monk.
Orlando Woman Sentenced to 15 Months' imprisonment for Social Security FraudRead the Press Release
Orlando, Florida – U.S. District Judge John Antoon II today sentenced Magda Raphael (35, Orlando) to 15 months in federal prison for theft of government property. As part of her sentence, the court also entered a money judgment in the amount of $63,169.00, the proceeds of the charged criminal conduct. Raphael pleaded guilty on September 30, 2013.
According to court documents, Raphael stole $63,169.00 of government money that was designated for her child. From 2006 to 2010, Raphael’s sister was the representative payee for the money. However, Raphael completed the Social Security forms and forged her sister's signature without her consent. After the funds were issued, Raphael would then forge her sister's signature on her daughter's Social Security Administration’s paper checks. Raphael then used her daughter’s benefits for her own personal use, including court fees for a prior welfare fraud case.
This case was investigated by Social Security Administration. It was prosecuted by Assistant United States Attorney Christopher LaForgia.
Oldsmar Man Arrested on Federal Charges of Child Pornography and Enticement of A MinorRead the Press Release
Tampa, Florida – Acting United States Attorney A. Lee Bentley, III announces the arrest of Carlos Santiago Garcia, a/k/a “Xavier Constatinos” (21, Oldsmar) on charges of receipt, distribution, and possession of child pornography, attempting to coerce or entice a minor to engage in sexual activity through any facility of interstate commerce, and attempted transportation of a minor in interstate commerce to engage in illicit sexual activity. If convicted, Garcia faces a mandatory minimum penalty of 5 years, up to a maximum penalty of 20 years in federal prison on the distribution charge, and a mandatory minimum penalty of 10 years, up to a maximum of 30 years in federal prison on the enticement charge.
According to the complaint, Garcia posed online (under the pseudonym “Xavier Constatinos”) as a minor female on Facebook in order to lure and recruit another minor female victim to meet him, for the purpose of traveling out of state to engage in sex acts. As Garcia arrived at the victim’s residence and assisted her with placing her suitcase into his vehicle, he was arrested by members of the Clearwater Area Human Trafficking Task Force. At the time of his arrest, law enforcement officers found marijuana, vodka, a written itinerary for the trip, and other items indicative of “grooming” for sex acts in Garcia’s vehicle. Law enforcement also examined several of Garcia’s email accounts, which revealed hundreds of images of child pornography. Garcia was ordered detained without bond pending further proceedings.
A complaint is merely a charge that probable cause exists that a defendant has committed a violation of the federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by members of the Clearwater Area Human Trafficking Task Force, which is comprised of multiple law enforcement agency partners including U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Clearwater Police Department, and the Pinellas County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Josephine W. Thomas.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Guatemalan Drug Smuggler Sentenced to 30 Years in PrisonRead the Press Release
Tampa, Florida - Senior District Court Judge Susan C. Bucklew yesterday sentenced Alma Lucrecia Hernandez-Preciado, a/k/a "La Tia," (40, Tecun Uman, Guatemala) to 30 years in federal prison for violations of the Maritime Drug Law Enforcement Act (MDLEA). She was convicted on two counts, by a jury, on September 20, 2013.
Specifically, the jury found that Hernandez-Preciado, from a date unknown to the date of the indictment (September 22, 2011), conspired with others, including persons who were on board a vessel subject to the jurisdiction of the United States, to possess with intent to distribute and to distribute five kilograms or more of cocaine. Hernandez-Preciado was also convicted of aiding and abetting others, including persons who were on board the same vessel, to commit the above offense.
Hernandez-Preciado was arrested in Guatemala on October 10, 2011 pursuant to the indictment. She was extradited to Tampa in February, 2013, to face the charges.
Evidence presented at trial proved that Hernandez-Preciado organized a series of maritime cocaine smuggling shipments from Ecuador to Guatemala, including a smuggling venture where the crew of a go-fast boat was interdicted by the United States Coast Guard (USCG) on May 19, 2011, off the coast of Guatemala. Three hundred and forty-seven kilograms of cocaine were seized by the USCG during that interdiction. Trial evidence also included testimony from the USCG, wiretap intercepts conducted by the Guatemalan National Police, cooperating witnesses in the smuggling conspiracy, as well as communications from Hernandez-Preciado's email account, which were obtained from a search warrant by Panama Express Strike Force agents.
This case was investigated by the Panama Express Strike Force, an OCDETF funded operation targeting maritime smuggling. Operation Panama Express currently targets South American-based drug trafficking organizations responsible for smuggling drugs to the United States and elsewhere for distribution. Participating agencies include the Drug Enforcement Administration (DEA), including DEA's Guatemala City Country Office, the Federal Bureau of Investigation (FBI), the United States Coast Guard Investigative Service (CGIS), U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Joint Interagency Task Force - South (JIATFS) and the United States Marshals Service, with assistance from the government of Guatemala and Guatemalan law enforcement agencies.
The case was indicted by Assistant United States Attorney W. Stephen Muldrow and prosecuted by Assistant United States Attorney Joseph K. Ruddy.
Volusia County Man Sentenced to 10 Years in Prison for Distribution and Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. yesterday sentenced Tyler Andrew Smith (23, Port Orange) to 10 years in federal prison for distributing and possessing child pornography. As part of his sentence, he was ordered to serve a 15-year term of supervision, following his release from prison, and required to register as a sex offender. The court also ordered Smith to forfeit the devices upon which he used to store the child pornography.
Smith pleaded guilty on August 13, 2013.
According to court documents, on July 31, 2012, Smith used his email account to send an email containing an image of child pornography to an individual in another state. In April 2013, during an investigation into the individual in the other state, law enforcement discovered Smith's email, along with the attached pornographic image. On March 16, 2013, Homeland Security Investigations (HIS) agents interviewed Smith at his residence, in Volusia County. Smith turned over, to agents, a cellular telephone containing a memory card, a netbook computer, and an SD memory card, all three of which contained child pornography. Smith admitted to sending the email with the attached child pornography image, using email accounts and the Internet to collect and trade child pornography, and that the devices containing child pornography belonged to him. Smith was subsequently arrested. Smith’s child pornography collection included images of children less than 12 years of age being sexually abused, exploited, and being subjected to sadistic and masochistic conduct.
"Individuals who download child pornography further the victimization of innocent children who have already experienced horrific abuse," said Susan McCormick, special agent in charge of HSI Tampa. "I issue this warning to child predators – we will find you, arrest you and ensure you are prosecuted to the fullest extent of the law."
This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), with assistance from the Brevard County Sheriff's Office. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
North Port Couple Charged with Conspiring to Defraud the IRS and Filing False Tax Refund ClaimsRead the Press Release
Tampa, FL – Acting United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging James Dee Jaeger (62) and Lora Anne Jaeger (50), both of North Port, with one count of conspiracy to defraud the Internal Revenue Service (“IRS”) and seven counts of causing false and fraudulent claims for tax refunds to be filed with the IRS. If convicted on all counts, each faces a maximum penalty of five years in federal prison for the conspiracy charge and five years’ imprisonment for each false claim charge.
According to the indictment, the Jaegers devised and participated in a scheme to help “taxpayers,” including themselves, obtain fraudulent tax refunds from the IRS. The scheme was premised upon the “redemption theory,” which is a fraudulent notion that individuals are not responsible for their common personal debt obligations such as home mortgages, unpaid credit card bills, and lines of credit, and may instead seek money from the IRS to repay these outstanding obligations. Collectively, at least fifteen tax returns were filed as part of the scheme, seeking refunds totaling $2,583,207.70. The indictment further alleges that the Jaegers instructed taxpayers on how to conceal fraudulent tax refunds and how to frustrate the lawful collection efforts of the IRS.
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 the Internal Revenue Service – Criminal Investigation. It will be prosecuted by Assistant United States Attorney Matthew J. Mueller.
ATM "Skimmer" Found Guilty by Orlando JuryRead the Press Release
Orlando, Florida – Acting United States Attorney A. Lee Bentley, III announces that a federal jury today found Marin Gigore Dobre (36, a citizen of Romania) guilty of possession of device making equipment. He faces a maximum penalty of 15 years in federal prison. A sentencing hearing has been set for March 10, 2013.
Dobre was indicted on October 9, 2013.
According to testimony and evidence presented at trial, between September 11, 2013 and September 13, 2013, Dobre was part of a team from Romania that had installed skimming devices on at least two bank ATMs in Orlando. A “skimmer” device captures a person’s account information stored in the magnetic strip on credit and debit cards. Bank officials were alerted to installation of the first device by an alert bank customer, and when a second device was installed two days later, the bank notified the Orange County Sheriff’s Office. Sheriff’s deputies began surveillance at the second ATM location and observed Dobre serving as a lookout, while his associate (Cristian Octavian Barbu, 31) removed the skimmer device from the ATM. Both men were apprehended at the scene.
Barbu pleaded guilty on December 2, 2013. His sentencing hearing is scheduled for March 10, 2014.
This case was investigated by the U.S. Secret Service and the Orange County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Bruce S. Ambrose.
Tampa Man Sentenced to More Than 13 Years in Federal Prison for Transporting Child Pornography over the InternetRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington yesterday sentenced Michael Alan Klevene (62) to 13 years and 7 months in federal prison for transporting child pornography over the Internet. As part of his sentence, Klevene was also ordered to serve a lifetime term of supervised release, following his incarceration, and to register as a sex offender.
Klevene was found guilty on June 4, 2013.
According to court documents, between October and December 2012, Klevene uploaded numerous videos and images of child pornography to the Internet. On January 24, 2013, Klevene e-mailed links to the uploaded child pornography to an undercover agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
In February 2013, law enforcement executed a federal search warrant at Klevene’s residence. During an interview, Klevene confessed to possessing, downloading, and transporting child pornography. He stated that he had been collecting images and videos of child pornography for over twenty years. Klevene also admitted to paying a pre-pubescent male, in Tampa, to take photographs of himself and to subsequently posting these photographs to the Internet, in order to meet people interested in child pornography and to obtain more child pornography.
"Distributing child pornography is not a victimless crime," said Susan McCormick, special agent in charge of HSI Tampa. "We cannot repair the damage done to innocent children exploited for perverse pleasure, but we can continue to aggressively pursue and prosecute child predators like Klevene."
This case was investigated by HSI, the Florida Department of Law Enforcement (FDLE), and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
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."
Retired Jacksonville Sheriff's Office Corrections Officer Arrested for His Involvement in Stolen Identity Refund Fraud SchemeRead the Press Release
Jacksonville, FL – Acting United States Attorney A. Lee Bentley, III announces the return of an indictment and arrest charging Harold B. Walbey, III (45, Jacksonville) with wire fraud and aggravated identity theft. If convicted on all counts, he faces a maximum penalty of 22 years in federal prison.
Walbey was arraigned in federal court on December 12, 2013. He pleaded not guilty and was released on bond. A status conference hearing is scheduled for January 21, 2014.
According to the indictment, Harold B. Walbey, III worked as a corrections officer with the Jacksonville Sheriff’s Office, at the John E. Goode Pretrial Detention Facility. While working in this capacity, he stole personal identifying information, including the names and social security numbers, of multiple inmates who were housed at the facility. From 2010 through May 2012, Walbey used this information to electronically file numerous fraudulent tax returns and open pre-paid debit card accounts with various financial institutions. The tax refunds were then directly deposited into the pre-paid debit card accounts that were created in specific inmates’ names.
“The Jacksonville Sheriff’s Office investigates all allegations of criminal activity that may involve our employees. In this case our investigators from the Integrity/Special Investigations Unit, working with our federal agency partners, effected two arrests - Mr. Walbey and his daughter, Tianna Walbey, who was arrested in February on federal charges in this same crime,” said Jacksonville Sheriff John Rutherford.
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 the Jacksonville Sheriff’s Office, Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Malisa Chokshi.
Click HERE to view Indictment
Federal Jury Convicts Tampa Woman on All Counts for Participation in Credit Card Fraud RingRead the Press Release
Tampa, FL – Acting United States Attorney A. Lee Bentley, III announces that following a four-day trial, a federal jury yesterday found Viviana Reyes (40) guilty of conspiracy to commit credit card fraud, conspiracy to commit bank fraud, credit card fraud, bank fraud, aggravated identity theft, and identity theft. Reyes faces maximum penalties ranging from 5 to 30 years in federal prison on each conspiracy, fraud and identity theft count, and a mandatory 2-year consecutive term in prison for each of the three aggravated identity theft counts. A sentencing hearing has been set for March 6, 2014.
Reyes was first indicted on July 29, 2013. Four of her co-conspirators have already pleaded guilty and are awaiting sentencing. Another co-conspirator (Michel Lermos-Hernandez) remains a fugitive.
According to the testimony and evidence presented at trial, the individuals in this indictment, led by Michel Lermos-Hernandez, ran a credit card fraud ring. Lermos, aided by others, obtained credit card numbers by placing key loggers that intercepted and stored swiped credit and debit card account information on credit card terminals at the International Mall, in Tampa. One device, in particular, was located at the Haagen-Dazs ice cream store. Using the stolen credit and debit card account numbers, Lermos and his co-conspirators then created counterfeit credit cards. Lermos obtained blank credit card stock (cards), embossing machines and magnetic stripe re-encoders from Viviana Reyes, and also sold stolen credit and debit card numbers, taken from the key loggers, to her.
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 separately charged individuals (Lazaro Rodriguez and Abel Osorio-Cuok), 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.
A search of Reyes’ house, in February 2013, revealed a credit card skimming device and two thumb drives filled with hundreds of stolen credit and debit card numbers, many of which were compromised at Haagen-Dazs. Agents also recovered three counterfeit Florida Drivers Licenses, which were indicative of those that Reyes had sold to others for the purpose of opening lines of credit at area stores. A search of Reyes’ phone revealed pictures of merchandise such as Apple computers and tablets for sale, along with numerous text messages advertising electronics and gift cards for sale at greatly reduced prices.
To date, agents estimate the loss to the affected financial institutions to exceed $650,000.
This case was investigated by the Tampa Police Department, Florida Department of Law Enforcement, and the United States Secret Service (USSS), as part of the USSS’s Credit Card Fraud and Identity Theft Task Force. It is being prosecuted by Assistant United States Attorneys Mandy Riedel and Suzanne Nebesky.
Columbia County Man Pleads Guilty in Federal Court to Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – Acting United States Attorney A. Lee Bentley, III announced today that John George Sessine (58, Lake City) has pleaded guilty in United States District Court, in Jacksonville, to receiving images and videos depicting the sexual abuse of minor children over the Internet. He faces a mandatory minimum penalty of not less than 5 years, up to 20 years in federal prison, a potential life term of supervision, and will be required to register as a sex offender. The court also forfeited his computer media, which was traceable to the offense. Sessine has been in custody since his arrest on June 5, 2013. A sentencing date has not yet been set.
According to court documents, on June 5, 2013, FBI agents and other law enforcement officers executed a federal search warrant at a residence occupied by Sessine, in Lake City, Florida. The FBI had previously learned that at least one computer using an Internet Protocol (IP) address resolved to that residence was sharing videos of child pornography over the Internet. Sessine was at the residence and was interviewed by the agents. During an interview, Sessine stated, among other things, that he used a particular file sharing program to download images and videos, that his preference was for young females, and that the youngest child on his computer was 10 or 12 years old. A forensic analysis of Sessine’s computer media revealed that Sessine had collected 107 images and 104 videos of minor children being sexually abused.
This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, and the Jacksonville Sheriff’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 visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
St. Petersburg Landlord Charged with EPA Violations and Falsifying RecordsRead the Press Release
Tampa, FL – Acting United States Attorney A. Lee Bentley, III announces the return of a six-count superseding indictment charging Michael Moshe Shimshoni (56, Tierra Verde) with four counts of failing to provide approved Environmental Protection Agency (“EPA”) lead paint warning notices and brochures to his tenants, and two counts of alteration or falsification of records in a federal investigation. If convicted, he faces a maximum penalty of one year in federal prison on each of the failures to provide warning notice counts, and twenty years’ imprisonment for each of the falsification of records counts.
According to the indictment, Shimshoni owned, managed, and offered commercial and residential properties for lease in St. Petersburg through Pinellas Properties, Inc., and Affordable Realty and Property Management, Inc., among other entities. The superseding indictment alleges that Shimshoni knowingly and willfully failed to provide the prescribed lead paint hazard warning notices and federally approved lead paint hazard brochures to lessees of his properties. Federal law and regulations require that landlords must provide a prospective tenant of certain “target housing” built prior to 1978, before a tenant is obligated under any lease, with various warning notices including a lead warning statement, and a statement by the tenant affirming the receipt of an EPA approved lead hazard information pamphlet. The purpose of the pamphlet is to alert tenants to the dangers of lead paint and inform them about measures to reduce the risk of lead-based hazards.
The superseding indictment further alleges that Shimshoni altered, falsified, and made false entries in documents and records with the intent to impede, obstruct, and influence the Environmental Protection Agency’s investigation and administration of the Lead Hazard Reduction Act, the Toxic Substance Control Act, and related provisions by producing backdated "Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards" forms.
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 the EPA Criminal Investigations Division. It will be prosecuted by Assistant United States Attorney Matthew J. Mueller.
Click HERE to view Superseding Indictment
Longtime Tampa Fraudster Sentenced to More Than 9 Years in Federal PrisonRead the Press Release
Tampa, Florida - Judge Elizabeth A. Kovechevich today sentenced Marterrance Q. Holloway (33, Tampa) to 9 years and 8 months in federal prison for conspiracy to defraud the United States Treasury through committing tax fraud and aggravated identity theft. As part of his sentence, the court entered a forfeiture money judgment in the amount of $238,573.30. Other items purchased with proceeds of the fraud and other substitute assets were also ordered to be forfeited, including two 2010 Chevrolet Camaros, a 2011 Dodge Charger, a 2005 Dodge Charger, a motor scooter, an iPad computer, assorted jewelry and $779 in cash.
Holloway pleaded guilty on July 24, 2013.
On September 23, 2013, Holloway’s co-defendant, Maurice Larry, a/k/a/ “Thirst,” was previously sentenced to 8 years and 5 months in prison for his involvement in this case. The following day, Larry was also sentenced to a concurrent prison term of 14 years, 6 months’ imprisonment in an unrelated tax fraud case with co-defendant, Rashia Wilson.
According to court documents filed in this case, Holloway and Larry were filing fraudulent tax returns from a Tampa hotel room, in September 2010. Inside the hotel room were four computers, which were used to electronically file fraudulent tax returns in the names of deceased individuals, along with website pages, ledgers, and lists of stolen names, dates of birth and social security numbers. Multiple "Turbo Tax" reloadable debit cards were also found in the hotel room, along with ATM receipts for cash withdrawals and approximately $3700 in cash. Larry and his co-defendant admitted to filing fraudulent tax returns on the computers while staying at the hotel.
Further, in August 2011, Holloway used a fraudulent debit card at a local bank ATM machine that had been loaded with the proceeds of a fraudulently filed tax return in the amount of over $9800.
“These individuals have demonstrated a blatant disregard of the integrity of the United States tax system and caused immeasurable hardship to innocent victims and deserve to be punished to the fullest extent of the law,” said James Robnett, Special Agent in Charge, IRS Criminal Investigation-Tampa Field Office. “IRS Criminal Investigation remains committed to the pursuit of stolen identity refund fraud and, together with our partners at the U.S. Attorney’s Office and the Tampa Bay Identity Theft Alliance, we will hold those who commit the same crimes similarly accountable.”
This case was investigated by the Internal Revenue Service – Criminal Investigation, the United States Secret Service and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Former St. Petersburg Resident Indicted for Theft of Boat and Motor from Geological CenterRead the Press Release
Tampa, Florida – Acting United States Attorney A. Lee Bentley, III announces the return by a grand jury of an indictment, on December 4, 2013, charging Robert Charles Zeigler (44, formerly of St. Petersburg) with two counts of theft of government property. If convicted, Zeigler faces a maximum penalty of 10 years in federal prison on each count. The indictment also notifies Zeigler that the United States intends to forfeit any traceable proceeds of the offense.
According to the indictment, in late 2012 or early 2013, Zeigler stole or converted to his own use a 17-foot Boston Whaler and Evinrude ETEC 75 HP outboard motor from the St. Petersburg Geological Center, which is part of the U.S. Geological Survey, Department of the Interior. Zeigler made his initial appearance in Gulfport, Mississippi today and is scheduled to be arraigned on January 2, 2014, at 10:00 A.M., before U.S. Magistrate Judge Thomas B. McCoun.
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Federal Protective Services. It will be prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Boat Insurance Fraud ConspiratorsRead the Press Release
Jacksonville, Florida – Acting United States Attorney A. Lee Bentley, III announces the return by a grand jury of five indictments charging seven individuals with conspiracy to commit mail and wire fraud in connection with a scheme to defraud Boat U.S. Those charged include: John J. Kurant, Jr. (46, St. Augustine); Christopher E. Labaire (35, Jupiter); Greg Wilson (47, Jupiter); Jerold Wolfe (36, Jupiter); John Grant (47, Jupiter); Scott Coleman (45, Jupiter); and Adam Horvit (34, Parkland). If convicted, each faces a maximum penalty of 20 years in federal prison. The indictments also notify the defendants that the United States intends to forfeit the proceeds of their fraudulent scheme. In total, the indictments of Kurant and Labaire reflect that Boat U.S. paid out $853,758.33 in insurance proceeds based upon the sham and fraudulent marine insurance claims.
According to court documents, Kurant was a claims adjuster for Boat U.S., in its Orange Park, Florida office. It is alleged that he reached an unlawful agreement with Labaire to defraud Boat U.S., in connection with Boat U.S.’s marine insurance program, by creating sham insurance policies and submitting fraudulent marine insurance claims. The indictments allege that Kurant would abuse his position as a claims adjuster by assisting in the procurement of sham boat insurance policies with Boat U.S. In addition, Labaire, a long-time friend of Kurant, submitted fraudulent claims himself and also recruited other individuals in the south Florida area to pose as pleasure boat owners and fraudulently secure sham marine insurance policies with Boat U.S. After making a few premium payments on the sham insurance policy, the co-conspirators would then submit false claims of total boat losses due to theft, accident damage, or reporting that the boat sank. Kurant is alleged to have caused the fraudulent claims to be assigned to him for claims adjudication, which resulted in electronic transfers of claims information from Orange Park, Florida to Alexandria, Virginia. Based upon the fraudulent claims, Boat U.S. issued checks to the sham boat owners, which were sent by a commercial carrier. After receiving the insurance proceeds check(s), they were deposited into bank accounts and the funds were shared with conspirators.
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 the Federal Bureau of Investigation and Florida Department of Financial Services, Division of Insurance Fraud. It will be prosecuted by Assistant United States Attorney Mark B. Devereaux.
White Supremacist Charged for Sending Online Threatening Communications to A Florida Judge, State Attorney, and Task Force AgentRead the Press Release
Orlando, Florida – Acting United States Attorney A. Lee Bentley, III announces the return of a federal indictment charging William A. White (36, Roanoke, Virginia) with five counts of making threats in aid of extortion over the Internet and one count of the unlawful use of identification information in furtherance of those offenses. If convicted, he faces a maximum penalty of 20 years in federal prison for each count. The indictment also notifies White that the United States intends to forfeit electronic equipment, which is alleged to have been used in furtherance of the offenses.
According to the indictment, White, a white supremacist based in Roanoke, Virginia, sent a series of five electronic communications demanding the release of fourteen persons charged by state authorities in the Ninth Judicial Circuit of Florida. Those individuals had been charged in relation to their alleged involvement in the American Front, a white supremacist organization with connections to Osceola County, Florida. Four of the threats made by White were directed to Florida’s Ninth Circuit State Attorney Lawson Lamar (who was then the elected state attorney who initiated the prosecution of the alleged American Front members), Florida Circuit Judge Walter G. Komanski (the presiding judge over the case against the group’s alleged members), and an FBI Task Force Agent involved in the state’s prosecution. In addition, one of the threats made by White was directed to the adult son of Lawson Lamar. Each communication identified in the indictment contained a threat to kidnap, torture, rape, and kill those persons and their spouses, children, and grandchildren. The threatening communications also contained the names and home addresses of those threatened.
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 the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Daniel C. Irick.
Ocala Dentist Sentenced to 3 Years in Federal PrisonRead the Press Release
Ocala, Florida – U.S. Magistrate Judge Philip R. Lammens yesterday sentenced Thomas W. Harter, D.M.D., (49, Ocala) to three years in federal prison for six misdemeanor counts of failure to file income tax returns. The court also ordered Harter to pay $438,384 in restitution to the Internal Revenue Service (IRS), an amount representing the tax loss from his crimes.
Harter was found guilty by a federal jury on September 17, 2013.
According to the evidence and testimony presented at trial, Harter worked as a dentist in the Ocala area for approximately twenty years. He stopped filing federal income tax returns, beginning in the year 2000. From 2006 through 2011, Harter received a gross income, from his dental practice, of at least $1,709,230. Despite this income, Harter willfully failed to file a single tax return or pay any income tax during that same time period.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Pinellas County Men Sentenced in A joint Federal and State Weapons and Drug InvestigationRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Joseph E. Thornton (34, of Largo) to 15 years in federal prison for being a felon in possession of a firearm. Thornton pleaded guilty on June 27, 2013.
According to court documents, Thornton made a series of gun and cocaine sales to an undercover officer, including selling cocaine and a .40 caliber Hi-Point pistol and ammunition to an officer on January 8, 2013. Following the purchase, law enforcement learned that the pistol had been reported stolen on December 17, 2012, following a residential burglary.
Additionally, two other individuals were separately charged and sentenced federally, as a result of the same joint federal and state investigation. On September 23, 2013, U.S. District Judge Virginia M. Hernandez Covington sentenced Anthony Maurice McSwain (28, Pinellas County) to 5 years and 10 months in federal prison for being a felon in possession of a firearm, in connection with a gun sale to an undercover officer on November 16, 2012. On November 4, 2013, U.S. District Judge James D. Whittemore sentenced Jarvis Antwan Dorsey (22, Pinellas County) to 5 years and 6 months in federal prison for the same offense, in connection with the sale of a gun to an undercover officer on January 15, 2013.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"), the Largo Police Department, and the Clearwater Police Department. The cases arose from a joint federal and state investigation resulting in 28 people being arrested on state and federal violations, and the seizure of 13 firearms, as well as quantities of cocaine, marijuana, hydrocodone and other narcotics. The federal cases arising from the investigation were prosecuted by Assistant United States Attorney Mark E. Bini.
This investigation is part of ATF’s Frontline strategy to reduce violent crime and improve the quality of life in communities where law enforcement efforts are focused.
Former Real Estate Investor Sentenced to 5 Years in Prison for Bank Fraud and Money LaunderingRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell today sentenced James Olivos (47, Lake Mary) to 5 years in federal prison for bank fraud and money laundering. As part of his sentence, the court also entered a money judgment in the amount of $2,866,121.39, the proceeds of the fraud scheme. Olivos pleaded guilty on September 18, 2013.
According to court documents, between March 2003 and November 2007, Olivos engaged in a scheme wherein he recruited other individuals ("straw purchasers") to purchase expensive homes, which they could not afford. Olivos prepared loan applications for these straw purchasers, which grossly overstated their incomes and gave false employment histories. Additionally, these applications stated that these homes would be used as primary residences, but Olivos had actually told these buyers that the homes would be investments and that he would find renters to cover the mortgage payments. Further, in order to increase his profits, Olivos convinced the sellers of the homes to inflate the sales prices by stating additional money would be necessary for home improvement. Olivos would then split the proceeds of the sales with the sellers. As a result of this fraud, Olivos caused a total loss to the lenders of approximately $3.2 million dollars.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Serial Con Artist Pleads Guilty to Bank Fraud and Aggravated Identity TheftRead the Press Release
Tampa, Florida – Acting United States Attorney A. Lee Bentley, III announces that Latasha Callens (35, Tampa) yesterday pleaded guilty to bank fraud, access device fraud, mail fraud, and aggravated identity theft. Callens faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been set.
Callens was indicted on July 24, 2013.
According to the plea agreement, Callens committed crimes from at least as early as July 2011 through May 2013, when she was finally arrested. She committed many of the crimes while on release from state charges, after having failed to appear to face them. Over a period of two years, and at least 58 times, Callens defrauded banks and individuals. As part of her scheme Callens would approach people, usually at ATMs, and give them a sad story about her need to cash a check and her inability to deposit the check into her bank account. Callens would convince her victims to deposit the checks, which were worthless, into their own account and then withdraw funds, sometimes giving them $100 for their trouble.
Callens’ checks were generally drawn on closed accounts, because the checks had been stolen or were from the accounts of deceased individuals. When she was arrested for failure to appear warrants in May 2013, some of the items recovered from Callens included a checkbook, stolen from a purse at a local mall, along with the victim’s (“T.M.”) Florida Driver’s License, Social Security card, a Visa card, and a GTE FCU debit card. At no time was Callens given permission, by the victim, to possess or use these items. Callens also used “T.M.’s” name to rent vehicles.
On December 27, 2012 and December 29, 2012, Callens also committed access device fraud (credit card fraud) by using the stolen identity of “T.J.” (including the date of birth and Social Security Number) to obtain dental care at a Clearwater dental office. Callens was assisted by another woman, who claimed to be “E.A.” (a victim of identity theft from Opa Locka, Florida). “T.J.” purchased $12,000 worth of dental services under the false pretense that “E.A.” would consent to pay for the treatment. Using “E.A.'s” stolen credit card number, Callens paid for herself to receive a root canal, a bridge, an extraction, a temporary crown, a retainer, anesthesia, and other items and services.
For tax years 2010, 2011, and 2012, Callens committed mail fraud, defrauding the Internal Revenue Service and certain taxpayers. Similar to the bank fraud scheme and access device fraud, Callens stole the identities of taxpayers, then using her laptop, Callens filed false and fraudulent tax returns with those stolen identities. As a result Callens obtained tax refunds to which she was not entitled. The refunds were often accessed through bank-issued debit cards, many of which were mailed to Callens.
This case was investigated by Tampa Police Department, the Hillsborough County Sheriff’s Office, the Temple Terrace Police Department, the Clearwater Police Department, the Internal Revenue Service – Criminal Investigation, and the United States Secret Service. It is being prosecuted by Assistant United States Attorney Thomas N. Palermo.
Lake City Man Indicted on Federal Charges of Possessing Child PornographyRead the Press Release
Jacksonville, Florida – Acting United States Attorney A. Lee Bentley, III announced today that a federal grand jury in Jacksonville has returned an indictment against Ronald Charles Waters (65, Lake City) charging him with two counts of possessing child pornography. On each of these counts, he 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, Florida. He was arraigned in federal court on December 4, 2013.
According to the indictment, on or about May 30, 2013 and on or about November 20, 2013, Waters knowingly possessed computer media containing minors engaged in sexually explicit conduct.
This case was investigated by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), 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 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."
Lakeland Man Pleads Guilty to Production of Child PornographyRead the Press Release
Tampa, FL– Acting United States Attorney A. Lee Bentley, III announces that Lawrence H. Dorman a/k/a “Howie” (42, Lakeland) today pleaded guilty to production of child pornography. Dorman faces a mandatory minimum of 15 years’ imprisonment, up to a maximum penalty of 30 years in federal prison. A sentencing date has not yet been set.
Dorman was indicted on July 31, 2013.
According to the plea agreement, following an anonymous tip from the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Tipline, law enforcement determined that from approximately December 2012 until April 2013, Dorman a/k/a "Howie" engaged in a sexual relationship with a sixteen year-old minor female. Throughout the course of that relationship Dorman produced videos of himself engaged in sexual acts with the minor.
On April 3, 2013, agents from ICE-HSI, the Lakeland Police Department, and Polk County Sheriff's Office conducted a search warrant at Dorman’s residence. During the search of the residence, law enforcement seized and previewed several electronic media items, including a video file on Dorman's desktop computer. The video depicted Dorman engaged in sexual contact with a minor female victim. When interviewed by law enforcement, 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 seized evidence. Additionally, the minor victim advised that Dorman provided her with marijuana and methamphetamine, while she was at his residence.
This case was investigated by ICE-HSI and the Lakeland Police Department. 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.
Middleburg Man Sentenced to 5 Years in Prison for Receipt of Child PornographyRead the Press Release
Jacksonville, FL – U.S. District Judge Timothy Corrigan has sentenced Robert Hohman (66) to five years in federal prison for receipt of child pornography. Hohman was indicted on October 18, 2012. He pleaded guilty to the offense on August 6, 2013.
In December 2010, the Federal Bureau of Investigation (“FBI”) initiated an investigation regarding a large volume of child pornography being distributed by a French-based message board. A message board is an online discussion website that allows users to hold conversations via posted messages. Over the course of this investigation, a customized message board or forum was created, which appeared to be distributing large amounts of child pornography. Further investigation revealed that one of the individuals utilizing the forum was Robert Hohman.
On August 7, 2012, special agents with the FBI conducted a non-custodial interview of Hohman at his job. During the interview Hohman confessed to registering a specific username and associated email address on the forum. In addition, he admitted that he had been seeking, viewing, and downloading child pornography for many years. During the interview, Hohman gave the FBI consent to search his home computer. A forensic review of Hohman’s computer revealed that he downloaded over a dozen videos and hundreds of images of children, as young as toddlers, involved in sexually explicit conduct with adults.
This case was investigated by Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Malisa Chokshi.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former NASA SES Employee Pleads Guilty to Conflict of Interest ViolationRead the Press Release
Orlando, Florida – Acting United States Attorney A. Lee Bentley, III announces that Edward J. Mango, (52, Orlando) today pleaded guilty to an Information charging him with acting in his official capacity while having a financial conflict of interest, a felony. Mango faces a maximum penalty of five years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Mango was a Senior Executive Service employee, who worked for the National Aeronautics and Space Administration (NASA). In this capacity, he worked as the manager of the commercial crew program (CCP), at the Kennedy Space Center (KSC) in Brevard County.
In December 2012, state authorities arrested C.T., a NASA employee. Mango used a credit card advance to loan money to C.T. so that C.T. could retain legal counsel and pay for other expenses. As a result of additional state charges, C.T. was subjected to the NASA employee disciplinary process. Using official government e-mail, telephones, and other property, Mango intervened on C.T.’s behalf and improperly exerted his influence as an SES employee, in an effort to mitigate C.T.’s punishment. Mango contacted employees in human resources, the KSC center director, KSC human resources director, KSC protective services deputy chief, and other NASA employees in Washington, D.C., urging them to mitigate C.T.’s punishment. As a result of Mango’s improper actions, C.T. was spared discipline that would otherwise be appropriate for his/her acts. NASA employees later said that had they been aware of the financial relationship between Mango and C.T., they would not have entertained Mango’s contact on C.T.’s behalf. When interviewed by NASA Office of the Inspector General agents, Mango admitted to his actions.
This case was investigated by NASA Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Vincent A. Citro.
- Plea Agreement
- Plea Agreement
Tampa Man Pleads Guilty to Stolen Identity Refund FraudRead the Press Release
Tampa, FL – Acting United States Attorney A. Lee Bentley, III announces that Brian E. Simmons today pleaded guilty to wire fraud and aggravated identity theft. He has also agreed to forfeit $790,421.28 to the United States, as proceeds of the offense. Simmons faces up to 22 years in prison. He is scheduled to be sentenced on February 13, 2014. A co-defendant Tressa V. Guy pleaded guilty to conspiracy to commit wire fraud and aggravated identity theft on October 16, 2013. She is scheduled to be sentenced on January 9, 2014.
According to the plea agreement, Simmons, a resident of the Tampa area, and others, including Tressa V. Guy, orchestrated a scheme to defraud the United States Treasury by causing fraudulent federal income tax returns to be filed. To facilitate the scheme, they used stolen identities, solicited personal identifying information and addresses from co-conspirators in Florida and Georgia, and coordinated the withdrawal of fraudulently obtained tax refund amounts from prepaid debit cards.
In April 2012, Monroe County Sheriff's Office ("MCSO") conducted a traffic stop of a car driven by Simmons, in which Guy was the only passenger. MCSO discovered medical office patient roster screen prints and handwritten notes containing at least twenty-eight names, social security numbers (SSN) and dates of birth (DOB), cash in the amount of $10,818.00, and nine prepaid debit cards in the names of individuals other than Guy or Simmons. Deputies also discovered three cell phones; two apparently belonging to Simmons and one belonging to Guy. Photos of personal identifying information and hundreds of text messages between Guy, Simmons, and others discussing the fraudulent scheme were discovered on these cell phones. Photos of approximately thirty-three names, SSNs and DOBs were found on one of Simmons' cell phones.
In May 2012, the Tampa Police Department performed a traffic stop of a vehicle driven by Brian Simmons. Tressa Guy and another individual were passengers in the vehicle. In the vehicle were fourteen prepaid debit cards in the names of individuals other than Guy or Simmons, cash in the amount of $1,300, and multiple Walmart receipts. Guy’s purse contained one Turbo Tax debit card in the name of another individual.
This case was investigated by the Internal Revenue Service – Criminal Investigation, the Tampa Police Department, and the Monroe County, Georgia Sheriff’s Office, with assistance from the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Matthew J. Mueller and Trial Attorney Jason H. Poole of the Department of Justice, Tax Division.
Former Health Management Associates (HMA) Executive Indicted for Obstruction-Related OffenseRead the Press Release
Fort Myers, Florida – Acting United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Joshua S. Putter (48, Needham, Massachusetts) with destruction, alteration or falsification of records in federal investigations. If convicted, he faces a maximum penalty of twenty years in federal prison.
Putter made his initial appearance and arraignment in federal court today, and was released on bond. A status conference hearing is set for December 9, 2013, before the Honorable John E. Steele. The case has been scheduled for the January 2014 trial calendar.
According to the indictment, on or about October 7, 2008, Putter knowingly falsified, or made false entry in a document, with the intent to impede, obstruct or influence any matter within the jurisdiction of any department of agency of the United States.
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 the Federal Bureau of Investigation, and Health and Human Services, Office of Inspector General. It will be prosecuted by Assistant United States Attorney David G. Lazarus and Chief Assistant United States Attorney Nicole H. Waid.
United States Attorney's Office Announces School Outreach Program to Reduce Gun ViolenceRead the Press Release
Jacksonville, FL - Acting United States Attorney A. Lee Bentley, III, announces the kick-off of another year for the United States Attorney Office’s school outreach program to reduce gun violence. The effort, part of the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) initiative to reduce gun and gang crime in America, has already reached almost 2,000 middle and high school students so far, just this school year. As part of the initiative, Assistant U.S. Attorneys from the Middle District of Florida have made presentations to students and staff in Columbia, Duval and Flagler counties.
“It is important that we educate our youth and communities about the dangers and long-term impact of gun violence,” said Acting U.S. Attorney Lee Bentley. “A single injury or death creates victims far beyond that one individual. It can, and does, have an effect on an entire community. We are committed to being a partner in helping our communities reduce these types of devastating crimes.”
The outreach program focuses on the impact of gun violence in our communities and provides students with common sense steps that they can take to stay safe and out of trouble. Anyone interested in scheduling a presentation or receiving more information about the program is encouraged to contact the United States Attorney’s Office at (904) 301-6301.
Pennsylvania Man Sentenced to 5 1/2 Years in Prison for Credit Card FraudRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell today sentenced Laquan Bell (23, Reading, Pennsylvania) to five and a half years in federal prison for credit card fraud. Bell pleaded guilty on July 22, 2013.
According to court documents, earlier this year, Bell led other co-conspirators in the theft of credit card numbers and means of identification of more than 400 persons, in central Florida. Specifically, Bell travelled to Florida from his home in the Northeast and recruited retail workers to use skimming devices to swipe customers’ credit cards, thus stealing the customers’ credit card numbers and other information contained on the cards. Bell paid his co-conspirators in exchanged for skimming the cards, and then used the stolen credit card numbers and information to make approximately $211,000.00 in fraudulent purchases.
This case was investigated by the United States Secret Service. It was prosecuted by Assistant United States Attorney Daniel C. Irick.
De Leon Springs Man Sentenced to More Than 6 Years in Prison for Armed Bank RobberyRead the Press Release
Orlando, Florida – Senior U.S. District Judge Gregory A. Presnell today sentenced Matthew Anthony Cosimini (40, De Leon Springs) to six and a half years in federal prison for armed bank robbery. Cosimini pleaded guilty on August 29, 2013.
According to court documents, on April 19, 2013, Cosimini conspired with another individual (Robert Gordon Shaw) to rob a Regions Bank in Sanford, Florida. During the course of the robbery, they displayed a fake explosive detonation device, passed a note to a bank teller demanding money, and indicated that an explosive had been placed inside the bank. While committing the offense, Shaw and Cosimini also possessed a semiautomatic pistol with ammunition.
After Shaw passed the demand note and displayed the detonation device, the bank teller handed Shaw approximately $14,098 in bank funds. Shaw and Cosimini fled in a stolen vehicle as responding officers from the Sanford Police Department pursued them. During the pursuit, Shaw caused damage to both a police vehicle and a civilian's vehicle. Police officers apprehended Shaw and Cosimini approximately one mile from the bank and recovered the semiautomatic handgun and detonation device from the stolen vehicle.
Further investigation revealed that the detonation device was a hoax and that there were no explosives inside the bank. The investigation also determined that Cosimini and Shaw had planned to rob the bank together.
Shaw pleaded guilty to his role in the offense on August 1, 2013. He is scheduled to be sentenced on January 13, 2014.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Sanford Police Department and the Seminole County Sheriff's Office. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
West Palm Beach Man Sentenced to More Than 3 Years in Prison FOr Mail Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven sentenced Szilard Pop (33, West Palm Beach) yesterday to 41 months in federal prison for mail fraud. As part of his sentence, the court also entered a money judgment in the amount of $703,693.00, the proceeds of the charged criminal conduct.
Pop pleaded guilty on September 5, 2013.
According to court documents, beginning in June 2012, law enforcement in multiple states began receiving reports from victims of an Internet scam relating to the sale of automobiles and vehicles on websites frequently used by American and Canadian citizens. Victims responded to Internet advertisements and communicated with Pop, or one of his co-conspirators, via telephone and email to agree upon a price. Pop or a co-conspirator would then direct the victim to complete the transaction using an online escrow service that would purportedly hold the victim's money until the victim received and accepted the vehicle. The victim would request a wire transfer from his or her bank to the bank account provided by the escrow service and then responded to Pop or one of his co-conspirators that the wire transfer had been completed. Once Pop was notified of the completed wire transfer, he would then go to the receiving bank and use counterfeit identification to wire a portion of the victim’s funds to bank accounts in Europe. Pop would then withdraw the majority of the funds remaining in the account and the victim would never receive the vehicle purchased and lost all of the money put towards the vehicle.
Pop registered two fraudulent corporations: Global Auto Center and United Group Center, both in Florida, and both using assumed names. He would then open accounts at multiple banks in the names of these entities, also using his false identities. Further, he applied for and received mail boxes at locations such as UPS stores, again using false identities.
Based on complaints from victims, in June 2012, law enforcement officials located two fraudulent corporations connected to Pop - Global Auto Center, LLC and United Group Center, LLC. To further the scheme, Pop used false identities to establish mail locations and bank accounts for these entities. The investigation determined that Pop defrauded in excess of 15 victims and received over $700,000 in fraudulent proceeds as part of his scheme.
This case was investigated by the United States Postal Inspection Service. It was being prosecuted by Assistant United States Attorney Sara C. Sweeney.
Illinois Man Pleads Guilty to Distribution of Child Pornography from Xbox StingRead the Press Release
Orlando, Florida– Acting United States Attorney A. Lee Bentley, III announces that Scott Anthony Estes (18, Illinois) today pleaded guilty to distribution of child pornography. He faces a mandatory minimum of 15 years’ imprisonment, up to a maximum penalty of up to 40 years in federal prison.
Estes was indicted on April 17, 2013.According to the plea agreement, Estes began contact with a ten year-old boy on Xbox live. Estes attempted to convince the child to engage in a sexual relationship and sought naked pictures of the child. The child then told his father about the conversation, and the father contacted law enforcement. Law enforcement began an undercover investigation and continued communication with Estes. Estes, believing that he was still talking to the child, sent videos depicting child pornography and images of Estes’ genitalia.
Estes was arrested by law enforcement on March 22, 2013. During an interview, Estes stated that he had met the child while playing a video game played on Xbox. Estes also admitted to sending a picture of his genitalia to the child, as well as child pornography videos, and that he had asked the child to send naked pictures of himself. Estes stated that he had also been in communication with a thirteen year-old boy in Texas and that he had met that child while playing Xbox as well.
Following Estes’ arrest, a search warrant was conducted on his e-mail address. An examination of his e-mail account showed that he distributed child pornography to numerous persons between July of 2012 and March of 2013. Among the images and videos of child pornography distributed, several included pornographic videos that Estes had produced himself, while sexually abusing at least two children. A forensic review of Estes’ cellular telephone showed that he possessed more than 1,200 images of child pornography, including images depicting infants being sexually abused. A majority of the images of child pornography depict children between the ages of three and eight.
This case was investigated by Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Christopher LaForgia.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
British Actor Sentenced to 25 Years in Federal Prison for Production of Child Pornography over the InternetRead the Press Release
Orlando, Florida – United States District Judge Charlene Edwards Honeywell yesterday sentenced John David Baker (30, resident of Celebration, Florida; citizen of the United Kingdom) to 25 years in prison for using children to produce child pornography over the Internet. He was also ordered to serve a 15-year term of supervised release, following his incarceration, and to register as a sex offender. Baker has been held in the custody of the United States Marshals Service since his arrest on September 7, 2012.
According to court documents, beginning in or about November 2008 through about August 2010, Baker used computers and interactive computer services to engage in online conversations with several minor children. During this period, Baker worked as an actor and helped train and audition adults and children who were attempting to pursue careers in the entertainment business. Baker also served as a talent judge for a talent competition in Florida. In this role, Baker met minor children who were auditioning to obtain work in the art and film industries.
After a complaint by a concerned parent of a child whom Baker had contacted online, Baker was interviewed by law enforcement. Baker acknowledged that he had been confronted by the director of the talent competition about his inappropriate online contact with minors and admitted to sexually-oriented chatting with other minors from the talent competition online. Baker also admitted to having sent or trading sexually- oriented photos of himself or others during chats, and having solicited photos from at least ten children in the talent competition. Baker obtained pornographic images over the Internet of at least one minor female, and used these images to establish a fictitious online personae for himself. Using this false personae, Baker persuaded at least two other minor children to send him, via the Internet, images and videos of themselves engaging in sexually explicit conduct.
During the analysis of Bakers' computer, a forensic examiner located several images and a video of a minor male engaging in sexually explicit conduct.
“Mr. Baker abused his position as a talent judge and acting coach to pursue inappropriate relationships with minors,” said Shane Folden, deputy special agent in charge of Homeland Security Investigations Tampa, which oversees the agency’s Jacksonville office that conducted this investigation. “We urge parents to talk to their children about how to protect themselves from sexual predators, and if they are exploited, they should report it. There are dedicated law enforcement officers and special agents at all levels of government who will do something about it. This case is testament to that. Mr. Baker will spend the next 25 years behind bars due to his actions.”
This case was investigated by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Jacksonville Sheriffs Office, the Orange County Sheriffs Office, the Osceola County Sheriffs Office, and the former Child Predator Cybercrime Unit of the Florida Attorney Generals Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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."
Orlando Man Sentenced to More Than 6 Years in Federal Prison for Receipt and Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Charlene E. Honeywell today sentenced Daniel Acevedo-Mayen (28) to 6 years and 3 months in federal prison for receipt and possession of child pornography. He was also sentenced to serve a 5-year term of supervision, following his incarceration, and ordered to register as a sex offender.
Acevedo-Mayen pleaded guilty on September 10, 2013.
On May 7, 2013, Homeland Security Investigations (HSI) special agents, along with agents from the Florida Department of Law Enforcement executed a federal search warrant at Acevedo-Mayen’s residence. A forensic review of Acevedo-Mayen’s computer and thumb drive revealed that he used a peer-to-peer program to download over 60 videos of children, as young as three years-old, involved in sexually explicit conduct with adults.
“Child pornography, when released onto the Internet, lives on forever. It haunts the children depicted in it, who live daily with the knowledge that countless strangers use an image of their worst experiences for their own gratification," said Shane Folden, deputy special agent in charge of HSI Tampa, which oversees the agency’s Orlando office that conducted this investigation. "Working together with our law enforcement partners at the state and local level, we are able to put more of these predators behind bars."
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
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 (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.
Ocala Man Pleads Guilty to Illegal Possession of Six MachinegunsRead the Press Release
Ocala, Florida – Acting United States Attorney A. Lee Bentley, III, announces that Charles Robert Lester (49, Ocala) pleaded guilty late yesterday to unlawful possession of six machineguns. He faces a maximum penalty of ten years in federal prison. A sentencing date has not yet been set.
Lester was indicted on July 31, 2013.
According to the plea agreement, on June 24, 2013, deputies from the Marion County Sheriff’s Office executed a search warrant at Lester’s Ocala residence, after learning that he might be in possession of illegal firearms. During the search, deputies recovered five rifles from Lester’s private office that had been illegally modified, by Lester, to fire as fully automatic machineguns. Deputies also discovered two firearm silencers, drug paraphernalia, numerous other firearms, assorted ammunition, and a video showing Lester firing the illegal machineguns. When interviewed, Lester falsely told deputies that he had a federal permit to build the machineguns. Incident to his arrest, a search of Lester himself revealed that he had another fully-automatic handgun and a stolen pistol on his person.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Florida Department of Law Enforcement (FDLE), and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. Acting United States Attorney A. Lee Bentley, III, along with Julie Leon, 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 collaboration is also a part of ATF’s Frontline strategy - an effective method in reducing violent crime and improving the quality of life in communities.
Miami Man Sentenced to More Than Three Years in Prison for Healthcare Fraud SchemeRead the Press Release
Tampa, FL – U.S. District Judge Mary S. Scriven today sentenced Juan Gonzalez-Castro to 3 years and 1 month in federal prison for healthcare fraud. The court also ordered Gonzalez-Castro to forfeit $2,543,951.28, which are traceable to proceeds of the offense. Gonzalez-Castro pleaded guilty on August 7, 2013.
According to court documents, from at least in or around 2006, until at least in or around February 2010, Gonzalez-Castro knowingly and willfully conspired with others, including Dixan Barcelo-Castro, Jose Fresco, and Alfredo Barcelo-Rodriguez, to defraud Medicare Part C health plans. The co-conspirators, including Gonzalez-Castro, operated four clinics, all at the same location (2137 W. Martin Luther King Jr. Blvd., Tampa, Florida). Each clinic supposedly performed the same procedure (Endovenous Vein Ablation) on its patients. None of the conspirators are licensed medical professionals or has any experience operating a legitimate medical clinic.
The four clinics involved in the scheme were: (a) Palmetto General Health Care, Inc. (Palmetto); (b) United Healthcare Center, Inc. (United); (c) New Imaging Center, Inc. (New Imaging); and (d) Lord Physical Rehabilitation Center, Inc. (Lord Rehab). Gonzalez-Castro helped establish and operate the clinics and was listed as the President and Registered Agent of United and the Vice President and Secretary of New Imaging corporations.
All of the clinics operated at the same physical address, at the same time, and billed Medicare Part C HMOs for the same procedures on the same patients. They then billed Medicare Part C plans for those procedures. In reality, the procedure for which they billed, primarily Endovenous Vein Ablation, was never performed at these clinics. For example, various Part C plans would be billed for up to ten instances of Endovenous Vein Ablation in a single year for a single patient, when performing that number of procedures on a single person would be medically impossible. When interviewed, none of the "medical professionals" who worked at the clinics or any of their supposed beneficiaries provided or received medical treatment at the clinics or had any procedures that, when described, resembled vein ablation. The co-conspirators submitted or caused to be submitted multiple fraudulent claims for the same or similar patients using different entity names, simply by whiting out the letterhead and replacing it with another clinic's name.
The patient beneficiaries were complicit in the scheme and allowed themselves to be enrolled in several Medicare Part C plans to maximize the fraudulent billing. Once one plan was billed for a single patient to have this sham procedure, the beneficiary was re-enrolled in another Part C plan to repeat the fraudulent billing.
The co-conspirators used the four clinics to bill eight different Medicare Part C plans, which are healthcare benefit programs as defined in 18 U.S.C. 1347. The total intended loss identified to date is approximately $4,872,239, and the actual loss is approximately $2,543,951.28.
Dixan and Barcelo-Rodriguez remain fugitives. Fresco has pleaded guilty to his role in the scheme is scheduled for sentencing in December 2013.This case was investigated by HHS-OIG. It is being prosecuted by Assistant United States Attorney Mandy Riedel.
Delaware Doctor Charged with Illegally Selling Controlled Substances on the Silk Road Drug MarketplaceRead the Press Release
Orlando, FL – Acting United States Attorney A. Lee Bentley, III, along with Special Agent in Charge Mark R. Trouville, (DEA) Miami Field Division, and Special Agent in Charge David Dongilli, (DEA) Philadelphia Field division announce the arrest and unsealing of a criminal complaint charging Dr. Olivia Bolles, a/k/a “MDPro,” (32, Newark, Delaware) with the illegal distribution of controlled substances. If convicted, she faces a maximum penalty of 20 years in federal prison. Bolles was arrested at her Delaware residence today. She will make an initial appearance in U.S. Federal Court later today, in the District of Delaware.
According to the criminal complaint, between March 2013 and October 2, 2013, Bolles, a licensed medical doctor in Delaware, operated as the vendor “MDPro” on the underground website known as Silk Road, a sophisticated Internet marketplace. Silk Road operated as an online criminal marketplace designed to enable its users to buy and sell drugs and other illegal goods and services anonymously, outside the reach of law enforcement. The website provided a sales platform for vendors and buyers to conduct transactions online.
Between June 13, 2013, and August 20, 2013, DEA purchased Oxycodone, Diazepam, Xanax, Adderall, Hash Oil, Tetrahydrocannabinol (THC), and Vyvanse from “MDPro,” on the Silk Road website. The investigation determined that Bolles shipped the controlled substances, which were purchased from “MDPro,” from Delaware to Central Florida. The investigation also found that Bolles used her personal bank accounts to purchase items which were used to further her illegal drug dealing business, including packaging and laboratory materials. More than 600 sales of controlled substances are alleged to have been mailed, by Bolles, to individuals in more than 17 different countries.
A criminal complaint is merely an allegation that a defendant has committed a violation of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration (Orlando, Florida and Wilmington, Delaware Offices), with the assistance of the United States Postal Inspection Service. It will be prosecuted by Assistant United States Attorney David Haas.
Caribbean Narcotics Traffickers Found Guilty by A Federal JuryRead the Press Release
Tampa, Florida – Acting United States Attorney A. Lee Bentley, III announces that a federal jury today found Yugool Persaud (61, Guyana) and Desmond Wilson (54, Guyana) guilty of two counts of violating the U.S. Maritime Drug Law Enforcement Act. Persaud and Wilson face a maximum penalty of life in federal prison. Their sentencing is scheduled for February 20, 2014.
Persaud and Wilson were indicted on September 5, 2013.
According to testimony and evidence presented at trial, a U.S. Coast Guard law enforcement detachment on board the British Royal Fleet Auxiliary ship WAVE KNIGHT observed a suspicious fishing vessel, the MISS TIFFANY, transiting a known drug trafficking corridor in the Caribbean Sea. When the WAVE KNIGHT called over the radio, the MISS TIFFANY began evasive maneuvers, while jettisoning white bales overboard. U.S. Coast Guard boarding teams recovered 1,265 kilograms of marijuana from the jettison fields, boarded the MISS TIFFANY, and detained Persaud and Wilson. Both men were turned over to special agents from Panama Express Strike Force.
This case was investigated by the Drug Enforcement Administration, Federal Bureau of Investigation, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Special Assistant United States Attorney Michael Meyer and Assistant United States Attorney Shauna Hale.
Panama Express Strike Force (PANEX) is a federally approved Organized Crime Drug Enforcement Task Force (OCDETF) consisting of U.S. Immigration and Customs Enforcement, the Drug Enforcement Administration, United States Coast Guard, Internal Revenue Service, Federal Bureau of Investigation, Pinellas County Sheriff’s Office, and the Florida Department of Law Enforcement. Operation Panama Express currently targets South American-based drug trafficking organizations responsible for smuggling drugs to the United States and elsewhere for distribution.
Tampa Man Sentenced for Stealing Government MoneyRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Tampa resident Thomas Crouch (66) to one year, and one month in federal prison for theft of government funds. The court also entered a forfeiture money judgment in the amount of $124,944.00, the proceeds of the charged criminal conduct.
Crouch pleaded guilty to a one-count indictment on August 28, 2013.
According to court documents, Crouch’s Aunt (Naomi Page) had been a recipient of U.S. Department of Veteran Affairs (“VA”) Dependency and Indemnity Compensation (“DIC”) benefits, which she received based upon her husband's military service, up until her death on January 25, 2010. The VA periodically sought to verify Page’s continued right to receive benefit payments and, in the process of doing so, sent marital status questionnaires to Page to determine her continued eligibility, attempting to verify that she had not remarried. The VA did not receive a response from Page, which prompted a suspension of her benefits. After finally receiving a response from Page, shortly before her death, the VA subsequently reinstated Page's benefits. Page died on January 25, 2010.
On January 26, 2010, when reinstating Page's benefits, the VA mistakenly sent Page a check in the amount of $122,636.00. Upon discovering the error, the VA promptly sent out a letter on February 12, 2010, asking for the check to be returned or that a personal check be sent back to the VA. The VA investigated the matter and determined that the VA check had already been negotiated, purportedly with Page’s signature on the back of the check. Further investigation revealed that Page had died before the check had been issued, thus could not have contained her signature. Additionally, not having received notice of Page's death, the VA also sent Page two other checks, in the amount of $1,154.00 each. These checks, which also appeared to contain Page's signature, were negotiated after her death.
A VA investigation revealed that Crouch, Page’s Power of Attorney, had forged Page's signature after her death and negotiated the $124,944.00 check, to which neither he nor Page was entitled. When questioned by law enforcement, Crouch initially denied that Page had ever received paper checks from the VA, but later admitted that he had forged Page's signature on the checks and spent the money on a boat, a van, a motorcycle and a truck, and had given family members some money. Crouch also acknowledged that he received letters from the VA about the overpayment, but had ignored the letters and spent the money.
This case was investigated by the U.S. Department of Veterans Affairs, Office of the Inspector General. It was prosecuted by Assistant United States Attorney Amanda C. Kaiser.
Two Convicted Felons Sentenced for Federal Firearms ChargesRead the Press Release
Tampa, Florida– U.S. District Judge Steven D. Merryday today sentenced David P. Lawrence (26, Bradenton) to 11 years and 8 months in federal prison for being a felon in possession of a firearm. Previously, on November 6, 2013, co-defendant Mark Alan Finehout (37, Sarasota) was sentenced to 21 months in federal prison for being a felon in possession of a firearm.
Lawrence and Finehout were indicted on June 12, 2013. Both men pleaded guilty to the charges in August 2013.
According to court documents, on April 17, 2013, Lawrence and Finehout purchased a .40 caliber Taurus pistol from another man. During the transaction, Lawrence and Finehout took pictures of the Taurus pistol, and a Norinco model SKS rifle that they were interested in purchasing. A search warrant executed on Lawrence’s cellphone recovered pictures of the Taurus pistol, the SKS rifle, and text messages sent to an individual regarding the potential re-sale of both the Taurus pistol and the SKS rifle. Lawrence and Finehout are previously convicted felons and prohibited from possessing a firearm or ammunition under federal law.
This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Sarasota County Sheriff’s Office, and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Mark E. Bini.
It is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” program - a nationwide, gun-violence reduction strategy. Acting United States Attorney A. Lee Bentley, III, along with Julie Leon, 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.
Tampa Woman Sentenced to 4 Years in Prison for Tax Refund FraudRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore yesterday sentenced Porscha Williams to four years in federal prison for theft of government property and aggravated identity theft. As part of her sentence, the court also entered a money judgment in the amount of $9,116.00, the proceeds of the charged criminal conduct.
Porscha Williams was found guilty on September 17, 2013.
According to court documents, Williams engaged in stolen identity tax refund fraud from at least as early as March of 2011. She was responsible for the filing of more than 30 fraudulent tax returns and refunds totaling in excess of $175,000.
Porscha Williams’ sister, Nikia Williams, was sentenced to 6 ½ years in prison for her role in the scheme on June 4, 2013. Another co-defendant, Quincy Wimberly, is scheduled to be sentenced on December 2, 2013.
This case was investigated by the Internal Revenue Service - Criminal Investigation, the U.S. Postal Inspection Service, and the Tampa Police Department. It is being prosecuted by Assistant United States Attorneys Sara C. Sweeney and Amanda L. Riedel.
Jacksonville Man Sentenced to 5 Years in Federal Prison for Receiving Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan today sentenced Dwaine Charles Idleman (66, Jacksonville) to 5 years in prison for receiving child pornography over the Internet. Idleman was also ordered to serve a 5-year term of supervised release, following his incarceration, and to register as a sex offender.
According to court documents, an agent with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) began an undercover operation to identify persons using the Internet to receive and share child pornography. The agent identified a host computer using a particular Internet Protocol (IP) address that was sharing images of child pornography on a file sharing network. Further investigation revealed that the subscriber for this IP address was Dwaine C. Idleman, located at a residence in Jacksonville, Florida.
In June 2012, HSI agents and other law enforcement officers executed a federal search warrant at Idleman’s residence. During an interview, Idleman stated, among other things, that he had come across pornography sites with people that were too young but that he got out of it. When told that the agents knew that he was downloading child pornography files into his residence and that he was sharing it back out of the residence, Idleman stated, I know I got a problem and if this escalates into an arrest, my life is over. Idleman further stated that he would type in certain keyword searches and usually downloaded files from the file sharing program when he was alone in his home.
A subsequent forensic analysis of Idleman’s laptop computer revealed that it contained at least four images and one video depicting child pornography, along with other files containing titles indicative of child pornography. The analysis also showed that several videos were downloaded by Idleman using the file sharing program on the morning of June 28, 2012, just before the arrival of the HSI agents.
This case was investigated by ICE-HSI and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.It is another case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Ocala Man Pleads Guilty to Federal Drug, Firearm, and Theft ChargesRead the Press Release
Ocala, Florida – Acting United States Attorney A. Lee Bentley, III, announces that William Deboris Gordon, III (41, Ocala) today pleaded guilty, in two separate criminal cases, to charges of attempted possession of five kilograms or more of cocaine with the intent to distribute, possession of firearms affecting commerce by a convicted felon, and theft of government property by filing false income tax returns. He faces a minimum mandatory of 20 years, up to life in federal prison on the drug offense and a maximum of 10 years’ imprisonment on each of the firearm and theft offenses. A sentencing date has yet to be set.
According to the plea agreements, Gordon met with an undercover Drug Enforcement Administration (DEA) agent in Marion County, Florida, on March 18, 2013. During the recorded meeting, Gordon described his extensive network for distributing cocaine and his need to acquire kilograms of cocaine in order to supply his customers. When the agent and Gordon met again several days later, the agent showed Gordon five kilograms of cocaine. Gordon immediately agreed to purchase the drugs and was arrested. A search of Gordon’s vehicle revealed more than $60,000 in cash that Gordon had intended to use to purchase the cocaine. A subsequent search of his home revealed two loaded firearms, marijuana and assorted drug paraphernalia, including a cocaine press.
According to court documents, Gordon had a prior felony conviction for a state cocaine distribution offense, which prohibited him from possessing firearms. A separate financial investigation also showed that Gordon had obtained more than $763,900 in fraudulent refunds through the filing of false income tax returns from November 2011 through March 2013.
This case was investigated by DEA; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Internal Revenue Service - Criminal Investigation; and the United States Secret Service. It is being prosecuted by Assistant United States Attorneys Robert E. Bodnar, Jr., and Samuel D. Armstrong.
Palatka Man Found Guilty of Receiving and Possessing Child PornographyRead the Press Release
Jacksonville, Florida – Acting United States Attorney A. Lee Bentley, III announced that a federal jury in Jacksonville today has found Travis Rocky Dixon (35, Palatka) guilty of receiving and possessing videos of child pornography using the Internet. Dixon faces a minimum of 5 years, up to 20 years in prison on each of the two receipt charges and a maximum of 10 years in prison on the possession charge. After the return of the jury’s verdict, Dixon was remanded to the custody of the United States Marshals Service. A sentencing hearing has been scheduled for February 24, 2014.
Travis was indicted on March 28, 2012.
According to testimony and evidence introduced during the trial, during 2011, two different law enforcement officers downloaded videos depicting child pornography over the Internet from a host computer using Internet Protocol (IP) addresses that resolved back to Dixon’s residence located at 2011 Locust Avenue in Palatka. On January 18, 2012, a federal search warrant was executed at this residence. FBI Forensic examiners entered the residence and discovered that Dixon’s computer was, at that time, actively downloading video files with titles indicative of child pornography. During an interview, Dixon told agents, among other things, that he was the primary user of the computer, that he used a file sharing program to download video files of young girls, and that he had been looking at child pornography for about one year. Dixon also stated that on the morning of January 18, 2012, he got on the file sharing program and “just started looking around.” He stated that one thing led to another and he started downloading.
A subsequent forensic analysis of Dixon’s computer revealed that it contained at least 64 videos depicting children engaged in sexually explicit conduct and that at least two videos of child pornography were downloaded on the morning of January 18, 2012.
This case was investigated by the Federal Bureau of Investigation in Daytona Beach, Miami and Jacksonville, the Clewiston (Florida) Police Department, and the Putnam County Sheriff’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 visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Ohio-Based Basco Manufacturing Co. to Pay $1.1 Million for Allegedly Falsifying Customs Documents to Evade Import Duties on Chinese ProductsRead the Press Release
United States Sues Four Other Companies and Two Individuals
for Similar ViolationsWASHINGTON – The Department of Justice announced today that Ohio-based Basco Manufacturing Co. (Basco) has agreed to pay $1.1 million to resolve allegations that it violated the False Claims Act by making false customs declarations to avoid paying duties on products imported from a Chinese manufacturer, and that it has filed a complaint against four other companies and two individuals based on similar allegations. The defendants named in the lawsuit are California-based C.R. Laurence Co.; Florida-based Southeastern Aluminum Products Inc.; Texas-based Waterfall Group LLC; New York-based Northeastern Aluminum Corp.; Northeastern’s owner, William Ma; and Robert Wingfield, the U.S. representative of Chinese exporter Tai Shan Golden Gain Aluminum Products Ltd. (Tai Shan).
“Companies that import products made abroad must comply with the law, including paying the import duties that protect domestic manufacturers and producers from unfair competition,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery. “The Department of Justice is committed to enforcing the law against those who fail to pay the government money it is owed, just as it will enforce the law against those who falsely claim government funds.”
The government’s settlement and complaint involve allegations that Basco and the companies named in the lawsuit made false declarations to the U.S. Department of Homeland Security Customs and Border Protection to avoid paying antidumping and countervailing duties on aluminum extrusions imported from manufacturer Tai Shan in the People’s Republic of China (PRC). Allegedly, these companies misrepresented that the aluminum extrusions, which are used in the manufacture of shower enclosures and other products, were imported from Malaysia.The Department of Commerce assesses, and Customs and Border Protection collects, antidumping and countervailing duties to protect U.S. businesses and level the playing field for domestic products. Antidumping duties protect against foreign companies “dumping” products on U.S. markets at prices below cost, while countervailing duties offset foreign government subsidies. Imports of PRC-made aluminum extrusions have been subject to antidumping and countervailing duties since 2010. No such duties are due on imports of such items made in Malaysia.
“Circumvention of our country’s import laws causes substantive harm to U.S. businesses and our economy,” said Acting U.S. Attorney for the Middle District of Florida A. Lee Bentley III. “These laws must be strictly enforced so that our companies can remain competitive in markets throughout the world.”
Basco and the defendants named in the government’s lawsuit allegedly engaged in a scheme to avoid duties by shipping the aluminum extrusions manufactured by Tai Shan in the PRC through Malaysia – a practice called transshipping. The U.S. government alleges that Basco and the defendants knew that the aluminum extrusions were merely repackaged in Malaysia and did not undergo a substantial transformation that may have justified changing the product’s country of origin from the PRC to Malaysia.
“Antidumping and countervailing duties enforcement is a priority for Customs and Border Protection due to the significant role that it plays in the economic security of the United States,” said Director of Field Operations for Customs and Border Protection Vernon Foret. “Customs and Border Protection is responsible for facilitating the legitimate flow of trade, while enforcing the laws against the evasion of duties intended to protect against unfair trade practices.”
The allegations against Basco and asserted in the government’s complaint were brought by whistleblower James F. Valenti Jr. in the U.S. District Court for the Middle District of Florida under the qui tam, or whistleblower, provisions of the False Claims Act. The Act permits private parties to sue companies and individuals on behalf of the government who have falsely claimed federal funds or, as in this case, made false statements to avoid paying funds owed to the government. The Act also allows the government to intervene in and take over a lawsuit, as it has done in this case, and entitles the whistleblower to receive a share of any funds recovered through the lawsuit. Valenti’s share of the Basco settlement has not yet been determined.
The investigation was handled by the Department of Justice Civil Division, Commercial Litigation Branch; the U.S. Attorney’s Office for the Middle District of Florida; the Department of Homeland Security U.S. Customs and Border Protection and Immigration and Customs Enforcement; and the Department of Commerce International Trade Administration.
The lawsuit is captioned United States ex rel. Valenti v. Tai Shan Golden Gain Aluminum Products Ltd., et al., Case No. 11-cv-368 (M.D. Fla.). The government’s claims against Basco, and against the defendants named in the government’s complaint, are allegations only; there has been no determination of liability.
Defense Contractor CEO Sentenced to Prison for Defrauding United States NavyRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced Thomas Frank Robeson (48, Potomac, Montana) to 18 months in federal prison for conspiracy to commit money laundering. As part of his sentence, the court also entered a money judgment in the amount of more than $2.1 million, the proceeds of money laundering conspiracy.
Robeson was found guilty on June 4, 2013.
According to court documents, Robeson owned and operated Nomad Aviation, Inc. (Nomad), located in Sanford, Florida, and repaired avionics systems in military aircrafts. Naval Air Systems Command (NAVAIR) selected Nomad as the sole and prime contractor for a $43 million avionics integration contract for the T-44 Pegasus aircraft fleet. On May 20, 2008, Nomad submitted an invoice for $5,075,907 pursuant to the terms of the contract. In July 2008, the Administrative Contracting Officer assigned to the contract requested that the Defense Contract Audit Agency (DCAA) evaluate the $5 million invoice, known internally to the DCAA as Voucher NOM0028 (NOM0028). On or about October 17, 2008, Robeson, and someone acting on Robeson’s behalf, provided the DCAA with four vendor invoices, including one for $2,171,621 from South Peck LLC, which was dated October 15, 2008.
Robeson created South Peck Aviation (SPA) and provided SPA invoices as if SPA was an unrelated, third-party vendor that had billed Nomad. SPA or Nomad actually purchased parts from third-party vendors, “marked up” the costs of the purchases, and submitted the inflated amounts in NOM0028, as if Nomad had purchased the parts from SPA. Robeson, and others acting at his direction, submitted the fictitious invoices via wire, specifically e-mail communication. SPA was actually a bakery that Robeson and his wife owned in Hawaii.
This case was investigated by the Internal Revenue Service – Criminal Investigation, the Defense Criminal Investigative Service, the Naval Criminal Investigative Service, and the Defense Contract Audit Agency. It was prosecuted by Assistant United States Attorney Vincent A. Citro.
Former SunTrust Assistant Branch Manager Sentenced to 18 Months in Federal Prison for Theft of over $250,000Read the Press Release
Orlando, Florida – U.S. District Judge Charlene Edwards Honeywell today sentenced Gabriel N. Nervig (39, Millville, Utah) to 18 months in federal prison for bank fraud. The court also ordered Nervig to pay restitution to SunTrust in the amount of $155,000 and to serve a four-year term of supervised release, following his release from prison.
Nervig pleaded guilty on August 29, 2013.
According to court documents, from January 2006 to January 2013, Nervig used his position as an Assistant Branch Manager at SunTrust Bank to steal over $274,000 in cash. To conceal his thefts, Nervig prepared General Ledger Debit tickets to correspond with each theft of cash from the bank. On those tickets, Nervig falsely represented that the cash was being used for legitimate SunTrust business purposes. To deceive SunTrust into believing that the proper policies were followed, Nervig made it appear that the General Ledger Debit tickets had been prepared by other employees and that they had been approved by him as the Assistant Branch Manager when, in fact, he had prepared the tickets himself.
Over a seven-year period, Nervig was successful in stealing over $274,000. His scheme was detected in January 2013 when SunTrust auditors found that a large sum of money was missing. After that discovery, Nervig agreed to sign over his bank account and 401(k) account to SunTrust, in order to repay a portion of the amount that he stole. On the date of his sentencing, Nervig made an additional payment towards his restitution. In total, he has paid over $119,000 to SunTrust towards his restitution, leaving a balance of $155,000.
This case was investigated by United States Secret Service. It was prosecuted by Assistant United States Attorney Roger B. Handberg.
Eleventh Circuit Affirms Convictions of White Supremacist Murderer of Two Homeless MenRead the Press Release
Tampa, Florida – Acting United States Attorney A. Lee Bentley, III announces that the United States Court of Appeals for the Eleventh Circuit today affirmed the convictions of James L. Robertson on charges that he had murdered two homeless men to further his position in the white-supremacist hate group known as “Blood and Honor.” The bodies of Alfred Williams and Richard Arseneau were found in 1998, in Tampa, after both had been severely beaten and died from head trauma. Although authorities were unable to identify the perpetrators of the crimes at the time, newly discovered evidence, in early 2005, revealed that, on the night of the murders, Robertson and three others had sought out the victims, beaten them severely, and left them for dead.
All three of the other participants in the assaults pleaded guilty to related charges and testified at Robertson’s trial. They all identified Robertson as the primary instigator of the attacks and that Robertson had bludgeoned the men with a tire iron or similar instrument, inflicting multiple blows to the victims’ heads and bodies.
On appeal, Robertson argued that the district court had erred by refusing to permit him to strike one of only three African-American members from the jury pool, that his prosecution should have been barred by an alleged immunity agreement with the United States, and that the government had failed to present sufficient evidence of his participation in the murders or of the connection with his membership in the Blood and Honor organization. The United States Court of Appeals for the Eleventh Circuit rejected each of these arguments, finding sufficient evidence that Robertson had attempted to strike the African-American jury pool member for an unconstitutionally discriminatory reason, approving of the district court’s finding that Robertson had not been promised immunity from prosecution, and finding ample trial evidence proving both Robertson’s participation in the murders and the murders’ connection to his membership in the Blood and Honor organization.
Robertson is currently serving a sentence of life imprisonment.
This case was investigated by the Federal Bureau of Investigation, with the assistance of the Tampa Police Department, the Hillsborough County Sheriff's Office, and the Hillsborough County State Attorney's Office. The case was prosecuted in the district court by A. Lee Bentley, Acting United States Attorney, and former Assistant United States Attorney Laurel Moore Lee. The appeal was handled by Assistant United States Attorneys Linda Julin McNamara and David P. Rhodes.
Tampa Couple Faces Conspiracy Charges Related to A Series of Bank RobberiesRead the Press Release
Tampa, Florida – Acting United States Attorney A. Lee Bentley, III announces that Immanuel Lee Williams (28) and Cara Lee Williams (28), both of Tampa, have been arrested and charged in a criminal complaint with conspiracy to obstruct, delay, or affect commerce by robbery and conspiracy to commit bank robbery. If convicted on all charges, each faces a maximum penalty of twenty years in federal prison.
According to the criminal complaint, from December 5, 2012 to date, Immanuel Lee Williams and Cara Lee Williams conspired to rob thirteen federally-insured banks in the Middle District of Florida and two federally-insured banks in Alabama. To carry out the robberies, both are alleged to have worn disguises and used notes demanding money from the banks. Additional details are set forth in the attached criminal complaint.
Both individuals made their initial appearances, in Tampa, earlier today before U.S. Magistrate Judge Anthony E. Porcelli. A bond hearing is set for Cara Lee Williams on November 14, 2013 at 11:30 a.m. Immanuel Lee Williams reserved on the matter of bond and is being held without bail.
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, Tampa Police Department, Polk County Sheriff’s Office, Hillsborough County Sheriff’s Office, Auburndale Police Department, Lee County Sheriff’s Office, Sumter County Sheriff’s Office, Orange County Sheriff’s Office, and Ocala Police Department. It will be prosecuted by Assistant United States Attorney Joseph W. Swanson.
St. Petersburg man sentenced to more than 5 years in prison for failure to register as a sex offenderRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday yesterday sentenced Jon Leslie Williams (55, St. Petersburg) to 5 years and 11 months in federal prison for failure to register as a sex offender. Williams was also ordered to serve a 20-year term of supervised release upon completion of his prison sentence.
Williams was found guilty on July 24, 2013.
According to court documents and testimony, Williams was convicted of criminal sexual conduct in Michigan, in 1991. As part of that sentence, he was required to register as a sex offender. Sometime in February 2013, Williams moved to St. Petersburg, Florida and failed to register as required. He remained there until April 4, 2013.
This case was investigated by the United States Marshals Service, the Pinellas County Sheriff’s Office and the St. Petersburg Police Department. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Jacksonville tax return consultant arrested for involvement in stolen identity refund fraud schemeRead the Press Release
Jacksonville, FL – Acting United States Attorney A. Lee Bentley, III announces the return of a fourteen count indictment charging Deangelo Parker with wire fraud and aggravated identity theft. If convicted, he faces a maximum penalty of 20 years in federal prison for each of the seven counts of wire fraud and two years’ maximum imprisonment for each aggravated identity theft offense. Parker made his initial appearance in federal court, in Jacksonville, on Thursday, November 7, 2013 before U.S. Magistrate James R. Klindt. He was released on a $20,000 unsecured bond.
According to the indictment, Parker stole personal identifying information, including the names and social security numbers of multiple individuals who sought the tax consulting services of his company (Certified Tax Consultants). From January 2012 through February 2012, Parker used this information to electronically file numerous fraudulent tax returns. The tax refunds were directly deposited into Certified Tax Consultants’ bank account.
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 the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Malisa Chokshi.