Middle District of Florida
Press releases recorded for this federal judicial district.
South Florida Man Indicted for Trying to Smuggle Fentanyl and Other Contraband into PrisonRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Jose Santos Pardo (23, Homestead) with one count of possession with the intent to distribute over 40 grams of fentanyl and one count of possession of contraband by an inmate in prison. If convicted, Santos Pardo faces a minimum mandatory penalty of 5 years, up to 40 years, in federal prison for the fentanyl offense and up to 10 years’ imprisonment for the possession of contraband offense.
According to the court records, Santos Pardo was an inmate at the Coleman Federal Correctional Complex, assigned to a low security section of the prison. On November 19, 2022, a correctional officer observed Santos Pardo running along the side of the road towards an inmate housing unit carrying three bags. When confronted, officers determined that Santos Pardo’s bags contained 92.8 grams of fentanyl, over 300 grams of marijuana, tobacco, several bottles of alcohol, 14 cellphones, and multiple other prohibited items.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Convicted Fraudster Sentenced to More Than 17 Years in Prison for Hiring Hitman to Murder WitnessesRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced Alexander Leszczynski to 17 years and 6 months in federal prison for murder for hire and obstruction of justice. Leszczynski had pleaded guilty on June 6, 2023. Judge Moody ordered that Leszczynski’s sentence of 17 years and 6 months be served consecutive to the 17 years and 6 months’ sentence he received in a related fraud case.
According to court documents, in October 2020, Leszczynski, using the name of a fake charity, filed a fraudulent warranty deed for a transfer of a property in Redington Shores, Florida. When the owners of that residence, Victim 1 and Victim 2, sued Leszczynski to correct the deed, Leszczynski sent a series of harassing letters, emails, and faxes to the victims and the lawyer representing them in the lawsuit.
In April 2022, Leszczynski was charged with the deed fraud related to the property belonging to Victim 1 and Victim 2, various other frauds, as well as multiple counts of money laundering in case United States v. Alexander Leszczynski, 8:22-cr-155-MSS-SPF. He was arraigned on May 17, 2022, and ordered detained.
In August 2022, the FBI became aware that while incarcerated at the Pinellas County Jail, Leszczynski sought out a hitman to kill Victim 1 and Victim 2. Leszczynski reported to a confidential informant that he had $45,000, hidden at his residence, available to pay someone to kill the victims. Leszczynski relayed to the confidential informant that he would be able to get the victims’ property and that his pending criminal case (the fraud case) would have to be dropped if the victims were dead. The confidential informant agreed to put Leszczynski in contact with a purported hitman, who was actually an undercover agent.
On September 8 and 9, 2022, Leszczynski had calls with the undercover agent. Among other details, Leszczynski shared Victim 1 and Victim 2’s names, address, physical descriptions, approximate ages, and provided additional details that would allow the “hitman” to find photographs of Victim 1 and Victim 2 online. Leszczynski also negotiated the price for the murder at $30,000, and repeatedly ensured that he wanted Victim 1 and Victim 2 dead.
In November 2022, Leszczynski pleaded guilty in both cases. He later withdrew his plea in the murder-for-hire case, but again pleaded guilty in June 2023. Since he pleaded guilty in both cases, Leszczynski has written numerous letters—intercepted by the United States—attempting to solicit and threaten others to come forward and fraudulently take responsibility for his crimes.
The fraud case was investigated by the Federal Bureau of Investigation, the Largo Police Department, the Indian Shores Police Department, and the Palm Beach Police Department. It was prosecuted by Assistant United States Attorney Rachel Jones. The murder-for-hire case was investigated by the Federal Bureau of Investigation and the Pinellas County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Shauna S. Hale and Samantha J. Newman.
University of Miami Student Charged with Hacking Multi-National Shipping, Receiving, and Supply Chain Management Company and Orchestrating Nationwide, Multi-Million Dollar Fraud SchemeRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Matthew Frederic Bergwall (21, Coral Gables), also known as “MXB,” with conspiracy to commit computer and mail fraud, and substantive mail fraud. If convicted on all counts, Bergwall faces a maximum penalty of 45 years in federal prison. The indictment also notifies Bergwall that the United States is seeking an order of forfeiture in the amount of the proceeds of the charged criminal conduct. Bergwall will make his initial appearance today in Miami.
According to the indictment, from December 2021 until April 2022, Bergwall gained unauthorized access to compromised employee accounts of a multi-national shipping, receiving, and supply chain management company (the Victim Company). Bergwall and his co-conspirators used these accounts to enter fraudulent tracking information for merchandise transported by the Victim Company on behalf of victim-retailers located all over the country. This allowed the co-conspirators to pursue full refunds from victim-retailers while maintaining physical possession of the merchandise, such as high-end electronics, jewelry, designer clothing, and accessories. Bergwall and his co-conspirators offered this service for sale, which was marketed as “FTID” (Fraudulent Tracking ID). Bergwall’s FTID fraud scheme caused nearly 10,000 fraudulent returns and resulted in at least $3.5 million in lost product and sales revenue to victim-retailers.
In addition to orchestrating the overall FTID fraud scheme, at times, Bergwall purchased merchandise for himself and later submitted fraudulent tracking information to the Victim Company, prompting full refunds from victim-retailers. For example, during the course of the conspiracy, he did so with regard to a $41,000 Rolex President Day-Date watch, a $600 TeamGee H2O Electric Skateboard, a $350 Samsung 43-inch Smart UHD TV, and an $80 pair of Reebok shoes.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations Tampa, with valuable assistance from Homeland Security Investigations Miami. It will be prosecuted by Assistant United States Attorney Carlton C. Gammons.
Download IndictmentSarasota Felon Sentenced to 37 Months in Prison for Possessing FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell today sentenced Marquis Henry Mack (33, Sarasota) to 37 months in federal prison for possessing a firearm as a convicted felon. Mack had pleaded guilty on August 9, 2023.
According to court documents, on January 4, 2023, deputies from the Sarasota County Sheriff’s Office responded to Mack’s residence to serve a narcotics-related arrest warrant that had been issued in Manatee County. Mack was standing in his driveway when the deputies approached him. When informed of the pending arrest warrant, Mack turned around and began to walk toward his garage, failing to obey all verbal commands to stop. The deputies grabbed ahold of Mack, and as Mack struggled to break free, the deputies pulled a loaded SCCY CPX-1 9mm caliber pistol from Mack’s front pocket.
Mack, a previously convicted felon, had served 18 months in state prison for possessing a firearm as a convicted felon in 2021. As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sarasota County Sheriff’s Office, and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys David W.A. Chee and Samantha E. Beckman.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Marion County Man Indicted for Fraud Relating to Theft from the Department of Veterans AffairsRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Paul Lesslie Thompson (69, Anthony) with one count of receipt of stolen government property. If convicted, Thompson faces up to 10 years in federal prison and an order of forfeiture for at least $1,169,327.54, which represents the proceeds of the offense charged in the indictment.
According to the indictment, between May 1993 and December 2022, Thompson willfully received, concealed, and retained $1,169,327.54 that was stolen from the United States Department of Veterans Affairs through Veterans Affairs Disability Compensation.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Department of Veterans Affairs – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Armed Drug Trafficker Sentenced to Nine Years for Possessing Firearm and Distribution Quantities of FentanylRead the Press Release
Tampa, Florida – Senior U.S. District Judge Susan Bucklew has sentenced Eugene Washington, Jr. (36, Bradenton) to nine years in federal prison for possession of a firearm by a convicted felon and possession with the intent to distribute 40 grams or more of fentanyl. Washington had pleaded guilty on June 7, 2023.
According to the plea agreement, on the morning of August 12, 2022, officers from the Bradenton Police Department (BPD) responded to a call for service from a concerned citizen regarding an unresponsive individual sitting in the driver’s seat of his vehicle around the 700 block of 9th Street East in Bradenton. The car was stopped in traffic, facing the traffic light in the median lane. Once at the scene, the BPD officers asked Washington to exit the vehicle. As Washington exited the car, the officers noticed a silver and black Smith and Wesson SD40 .40 caliber pistol on the driver’s seat. Washington turned back into the car and appeared to reach for the firearm. The firearm was loaded with 11 rounds of ammunition.
Also recovered from inside the vehicle was a backpack, located on the passenger floorboard, that backpack contained a variety of controlled substances, including: 44.07 grams of fentanyl, 35.06 grams of methamphetamine, 93.86 grams of cocaine base, 13.91 grams of cocaine, 36.28 grams of hydrocodone, 9.99 grams of oxycodone, 433.37 grams of dimethylpentylone (a substituted cathinone), and 21.35 grams of cannabis. Washington later admitted that he had previously been convicted of distributing heroin and had served a federal prison sentence for that offense. As a convicted felon, Washington is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bradenton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys David W.A. Chee and Diego F. Novaes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Multi-Convicted Felon Federally Indicted for Illegal Possession of A Firearm and AmmunitionRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Jerome Swopshire (40, Silver Springs) with possessing a firearm and ammunition as a convicted felon. If convicted, Swopshire faces a maximum penalty of 15 years in federal prison.
According to the indictment, on August 9, 2023, Swopshire possessed a Taurus firearm and Sig ammunition. At the time, Swopshire had previous state felony convictions for robbery, child abuse, resisting an officer with violence, felony domestic battery, and possession of a controlled substance without a prescription. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Ocala Police Department, the United States Marshals Service, and Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
This case is part of the Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence for occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Jury Convicts Pinellas Man of Trafficking FentanylRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Corey Gaddy (31, St. Petersburg) guilty of conspiracy to distribute controlled substances including fentanyl and two counts of distribution of fentanyl. Gaddy faces a maximum sentence of 60 years’ imprisonment. His sentencing hearing is scheduled for February 1, 2024. Gaddy was arrested on September 9, 2020, and has remained in custody.
According to court records, testimony and evidence presented at trial, Gaddy was a supplier of opioids in Pinellas County since 2017. One of his dealers, Shawn Rodriguez, was at various times during the conspiracy a distributor of opioids in the Madeira Beach area. In February 2019, the Largo Police Department conducted a traffic stop of Gaddy where heroin was concealed on his person. On November 6, 2019, while on bond for that offense, Gaddy distributed fentanyl to Rodriguez who then supplied the same to K.E. In the early morning hours of November 7, 2019, K.E. died of fentanyl toxicity. Gaddy learned that K.E. had died but continued distributing opioids anyway. In April 2020, while still on bond for his pending state case, Gaddy distributed opioids to J.P. and another individual. Two days later, J.P. was found dead on a fishing boat.
Rodriguez previously pleaded guilty to his role in the case. His sentencing hearing is scheduled for February 7, 2024.
This case was investigated by Drug Enforcement Administration, the Pinellas County Sheriff’s Office, and the Largo Police Department, with assistance from the Federal Bureau of Investigation as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. The case is being prosecuted by Assistant United States Attorneys Dan Baeza and Lauren Stoia.
St. Petersburg Man Pleads Guilty to Possession of Fentanyl, Methamphetamine, and Cocaine with Intent to DistributeRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Jason Washington (42, St. Petersburg) has pleaded guilty to one count of possession of fentanyl, methamphetamine, and cocaine with the intent to distribute it. Due to the amount of methamphetamine Washington possessed, he faces a minimum mandatory sentence of 10 years, up to life, in federal prison. A sentencing date has not yet been set.
According to court documents, on April 13, 2023, law enforcement officers executed a search warrant at Washington’s residence. Inside the home, they found over 240 grams of methamphetamine, 225 grams of fentanyl, and 102 grams of cocaine. Officers also located more than $77,000 in cash and six firearms inside the home.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Samantha Newman.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Sarasota Drug Dealer Sentenced to More Than Six Years for Possessing AR-Style Rifle, Handguns, Hundreds of Rounds of Ammunition, and Distribution Quantities of MethamphetamineRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. today sentenced Clinton Justesen (49, Sebring) to six years and two months in federal prison for possessing a firearm as a convicted felon and possessing methamphetamine with the intent to distribute it. Justesen had pleaded guilty on March 6, 2023.
According to the plea agreement, on September 9, 2022, deputies from the Sarasota County Sheriff’s Office stopped a truck driven by Justesen near the intersection of Williamsburg Street and North Lockwood Ridge Road in Sarasota. Justesen was towing a motorcycle which had been reported stolen on August 23, 2022. A search of Justesen’s truck and the trailer carrying the motorcycle revealed multiple firearms, hundreds of rounds of ammunition of different calibers, approximately 12.6 grams of methamphetamine, a vacuum sealer, a digital scale, assorted pills and tablets of various colors, and approximately $12,000 in cash.
The firearms recovered from Justesen’s truck included: (1) a HS Produkt XD9 9mm pistol; (2) a Smith & Wesson M&P 9 Shield 9mm pistol; and (3) an Anderson Manufacturing AM-15 .223/5.56mm caliber rifle with a vertical foregrip installed thereon.
At the time, Justesen had prior felony convictions including: (1) vehicular homicide; (2) leaving the scene of a crash with death; (3) armed robbery; and (4) felon in possession of a firearm, all on or about January 31, 1997. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
Justesen later admitted to ATF to selling narcotics, possessing the firearms, and that he needed the firearms for his protection during his drug dealing activities.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota County Sheriff’s Office. It was prosecuted by Assistant United States Attorney David W.A. Chee.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
RICO Conspirator Convicted at TrialRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Dickenson Elan (40, Clearwater) guilty of Racketeer Influenced and Corrupt Organizations (RICO) conspiracy. Elan faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for February 7, 2024. Elan had been indicted on September 7, 2022.
According to testimony and evidence presented at trial, between January 2016 and April 2017, Elan participated in the RICO conspiracy with coconspirators Andi Jacques (42, Greenacres) and Louisant Jolteus (37, West Palm Beach), and a now deceased conspirator who was referenced in the indictment as RICH4EVER4430. Elan and Jacques created and operated at least six fraudulent tax businesses together to file false tax returns in the names of thousands of victims. They also registered with the Internal Revenue Service (IRS) preparer tax identification numbers using the names and information of identity theft victims, to make it appear that those victims were the individuals who were filing false returns in bulk.
Some of the personal identifiable information (PII) used to file these returns was stolen from victims who had come into the tax businesses to file their taxes. Other PII was obtained by using a dark web marketplace to purchase server credentials for the computer servers of Certified Public Accounting (CPA) and tax preparation firms across the country. The server credentials were then used to remotely and covertly commit computer intrusions and exfiltrate the tax returns of thousands of taxpayers who were clients of those CPA and tax preparation firms. The PII from those taxpayers was traced back to returns filed through the false businesses that Elan and Jacques had created. The conspirators directed the resulting tax refunds to debit cards and bank accounts that they controlled. During the 2016 and 2017 tax seasons, the conspirators attempted to obtain more than $16 million in false tax returns and preparers’ fees from the IRS. The photo below was found in Elan’s email account and was sent after the 2016 tax season.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney John M. Gardella and William S. Hamilton.
Osceola County Convicted Felon Sentenced to Six Years in Federal Prison for Firearm and Drug OffensesRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Christian Arroyo-Rivera (30, Kissimmee) to six years in federal prison for possessing a firearm as a convicted felon and possessing with the intent to distribute 500 grams or more of a mixture and substance containing cocaine. The court also ordered Arroyo-Rivera to forfeit the firearm and ammunition used in the offense. Arroyo-Rivera had pleaded guilty on August 23, 2023.
According to court documents, on May 25, 2022, the Drug Enforcement Administration received information from the United States Postal Inspection Service that a parcel addressed to “Carlos Arroyo,” with an address in Kissimmee, was shipped from Puerto Rico and scheduled for a delivery the next day. A controlled delivery of the parcel to Arroyo-Rivera’s mailbox was coordinated for the next day. After Arroyo-Rivera retrieved the package, he was stopped and taken into custody. The parcel contained nearly 2 kilograms of cocaine. Agents also located a loaded Polymer80, 9mm pistol and extended magazine in Arroyo-Rivera’s vehicle. As a previously convicted felon, Arroyo-Rivera is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Drug Enforcement Administration with assistance from the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorneys Megan Testerman and Shannon Laurie.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Marion County Woman Indicted for Fraud Relating to Theft from Alternative SchoolRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Danielle Jane Liles (41, Summerfield) with eight counts of wire fraud. If convicted, Liles faces up to 20 years in federal prison on each count. The United States is also seeking an order of forfeiture for at least $616,793.43, which represents the unlawful proceeds of the offenses charged in the indictment.
According to the court records, between January 11, 2016, and April 10, 2023, Liles devised a scheme to defraud Silver River Mentoring and Instruction (SRMI), an alternative school for middle and high school students. During this time, Liles handled the payroll at SRMI and gave herself 137 unauthorized paychecks by logging false information into SRMI’s accounting software. Liles received her paychecks through Automated Clearinghouse Services (ACH) wire transfers.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation and the U.S. Department of Education – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Marion County Convicted Felon Federally Indicted for Illegal Possession of A FirearmRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Marcus Cleaver Morgan, Jr. (23, Ocala) with possessing a firearm as a convicted felon. If convicted, Morgan faces a maximum penalty of 15 years in federal prison.
According to the indictment, on January 14, 2023, Morgan possessed a Glock firearm. At that time, Morgan had a previous state felony conviction for carrying a concealed firearm. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Ocala Police Department and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.
This case is part of the Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence for occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Doctor and Her Granddaughter Indicted for Drug Conspiracy and Unlawful Distribution of OpioidsRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces the return of an indictment charging Janet Pettyjohn (77, Spring Hill) and Shelly Gallagher (34, Brooksville) with conspiracy to distribute drugs. The indictment also charges Pettyjohn with 21 substantive counts, and Gallagher with 9 substantive counts, of unlawful drug distribution. If convicted, Pettyjohn and Gallagher each face a maximum penalty of 20 years in federal prison on each count. The indictment notifies Pettyjohn that the United States intends to forfeit $34,132 in U.S. currency, which is alleged to be traceable to proceeds of her criminal conduct.
According to the indictment, Pettyjohn was an osteopathic physician licensed to practice medicine in the State of Florida with a Drug Enforcement Administration (DEA) registration number to prescribe controlled substances. In July 2020, Florida’s Board of Osteopathic Medicine (BOM) restricted Pettyjohn from prescribing opioids due to complaints about the manner in which she prescribed controlled substances. After the BOM’s Final Order and the prescribing restriction took effect, Pettyjohn continued to prescribe opioids in violation of the Final Order. The BOM later lifted the prescribing restriction in March 2021.
Gallagher is Pettyjohn’s granddaughter and did not hold a medical license. Between March 2021 and February 2023, Gallagher sponsored patients at Pettyjohn’s clinic and ordered controlled substances for herself and others from Pettyjohn. Pettyjohn knowingly and intentionally prescribed the controlled substances for Gallagher and others for no legitimate medical purpose in the usual course of professional practice, which Gallagher and others abused and diverted.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration—Tampa District Office, the Hernando County Sheriff’s Office, and by the Opioid Fraud Abuse and Detection Unit at the United States Attorney’s Office, which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. It is being prosecuted by Assistant United States Attorney Greg Pizzo.
Federal Jury Convicts Masked Man for Armed Robbery of Multiple PharmaciesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Jesse Rance Moore (46, Bell) guilty of four counts pertaining to Hobbs Act robberies and three counts of brandishing a firearm during the robberies. Moore faces a maximum penalty of 20 years in federal prison for each of the robbery offenses and up to life in federal prison for each of the firearm offenses. His sentencing hearing is scheduled for January 30, 2024. Moore had been charged in a superseding indictment on January 26, 2023.
According to testimony and evidence presented at trial, the FBI first learned of a masked man robbing a string of pharmacy stores in the Columbia County area after the North Florida Pharmacy in Fort White was robbed at gun point on January 13, 2022. This masked individual was captured on surveillance exiting a blue/grey sedan, walking into the pharmacy with a black handgun, and demanding controlled substances, specifically, oxycodone, oxycontin, and Percocet.
After holding up multiple store employees and taking the controlled substances, the masked man exited the pharmacy and drove southbound on US Highway 27. Unbeknownst to the robber, a good Samaritan in the pharmacy’s drive-thru followed the getaway vehicle and captured the license plate number, which led back to Moore. Further, the FBI later discovered that the vehicles used in the previous three robberies: the North Florida Pharmacy (Fort White) on August 2, 2021; North Florida Pharmacy (Chiefland) on November 20, 2021; and the Baya West Pharmacy (Lake City) on December 29, 2021 either matched the description of a pickup truck registered to Moore or matched the vehicles Moore’s wife had rented just days prior to the robberies.
According to testimony and evidence presented at trial, law enforcement seized articles of clothing, multiple masks, the firearm, handwritten notes, and brown boots associated with the robberies. In addition, and despite Moore’s many disguises, witnesses testified to the robber’s physical appearance, clothing, interactions, and demeanor during the robberies.
During trial, evidence seized from Moore’s cellphone was presented to demonstrate that he had googled medications stolen from the pharmacies, the store hours of pharmacies, and a variety of keyword searches, including the question “do drug stores get robbed in florida,” which he had Googled just a couple weeks prior to the first robbery.
This case was investigated by the Federal Bureau of Investigation, the Columbia County Sheriff’s Office, the Lake City Police Department, the Chiefland Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Florida Department of Law Enforcement, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Kirwinn Mike.
Doctor Pleads Guilty to Unlawful Drug Distribution, False Statement to Medicare, and Paycheck Protection Program FraudRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that Tommy Louisville (71, Pembroke Pines) has pleaded guilty to unlawful drug distribution, making a false statement related to health care matters, and wire fraud. Louisville faces a maximum penalty of 10 years in federal prison for the drug distribution offense, up to 5 years’ imprisonment for the false statement offense, and up to 20 years in federal prison for the wire fraud offense. A sentencing date has not been scheduled.
According to the plea agreement, Louisville was a Florida-licensed physician and Drug Enforcement Administration (DEA) registrant. On May 30, 2019, the Florida Board of Medicine suspended Louisville from the practice of medicine for two years, thereby making him ineligible to lawfully prescribe controlled substances. Louisville continued to issue controlled-substance prescriptions after his medical license was suspended. Furthermore, he concealed from Medicare the fact that he was not authorized to issue prescriptions in connection with the submission to Medicare of the prescriptions for payment. Louisville eventually shuttered his medical business in approximately November 2019.
Between April and May 2020, Louisville used his closed business to fraudulently obtain a federal Paycheck Protection Program (PPP) loan in the amount of $33,034. Louisville submitted an application that contained multiple fraudulent representations, including stating average monthly payroll suggesting he actively operated a medical business; that he employed six employees; and certifying that loan proceeds would be used for business-related purposes. Louisville agreed to forfeit $33,034, the proceeds of his criminal conduct.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts.
This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General, the Drug Enforcement Administration -Tampa District Office, and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Greg Pizzo.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
California Man Sentenced to 5 Years in Federal Prison for Stalking Multiple Black VictimsRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Christopher Au-Young (36, California) to five years in federal prison for interstate stalking and cyberstalking. Au-Young pleaded guilty to six counts of stalking five different victims on July 28, 2023.
According to court documents, since August 2022, Au-Young engaged in a campaign of online and telephonic harassment and threats against multiple victims living in the Middle District of Florida and elsewhere. Au-Young engaged in a course of conduct with the intent to harass or intimidate the victims, all of whom were black. Specifically, Au-Young cyberstalked, harassed, and threatened the victims by posting threatening and harassing videos on Facebook, YouTube, Vimeo, and Reddit, and often used racial slurs or other racially offensive language in doing so.
Between October 2022 and his arrest in January 2023, Au-Young stalked Victim 1. Victim 1 met Au-Young on his podcast dedicated to interracial dating. After Victim 1 expressed disinterest in seeing Au-Young, he began a campaign of terrorizing her through racist threats. Au-Young made his intent clear, telling her, “I hope I ruin your life.” Au-Young posted multiple videos on YouTube in which he published Victim 1’s personal information, to include her home address and real name, which Victim 1 had never provided to Au-Young. He also drove three hours to her residence, in the middle of the night, and parked outside of her home. Victim 1 felt so unsafe because of Au-Young’s conduct that she had to move. Victim 1 also correctly believed that Au-Young nefariously targeted black women through his actions, podcast, and racist statements made online regarding Dylan Roof and mass shootings.
Victim 2 met Au-Young online in a Facebook group about veterans. They began a consensual dating relationship. Victim 2 subsequently decided to end the relationship. In response, Au-Young began stalking, threatening, and harassing Victim 2 and her family members: her daughter (Victim 3), her son (Victim 4), and her brother (Victim 5). Au-Young published several videos on the internet that contained racist and defamatory remarks warning the community to stay away from Victim 2 and several of Victim 2’s family members. According to Victim 2, Au-Young warned her that he would never stop coming for her and told Victim 2 to lock her doors at night and sleep with one-eye open. Au-Young posted a bounty video offering a $4,000 reward for information on Victim 2’s whereabouts.
Victim 3 is the adult daughter of Victim 2. Au-Young posted dozens of videos online threatening to come after Victim 3. One video Au-Young posted online is entitled, “[VICTIM 3]” with a photo of Victim 3 and a text layover that reads: “[Victim 3] PED-O-FILE”. In a second video, Au-Young accused Victim 3 of being homophobic and calling for her place of employment to fire her. On December 11, 2022, Au-Young drove from California to Illinois to stalk Victim 3, in person. He posted videos online during his cross-country trip announcing that he was going to vandalize Victim 3’s vehicle in retaliation for Victim 2’s decision to break up with him. Au-Young arrived in Illinois on December 12, 2022, and stalked Victim 3 for three days at Victim 3’s place of employment. A concerned YouTube watcher alerted law enforcement officers who located Au-Young in the backseat of his vehicle parked near the entrance of Victim 3’s place of employment.
Victim 4 is the son of Victim 2. Like Victims 2 and 3, Au-Young posted racist, threatening, and defaming videos to the internet threatening to come after Victim 4. In addition to the videos, Au-Young mailed approximately four letters to Victim 4. Au-Young’s typed letters called Victim 4 and his family racial epithets [n-word] and contained threats to come after them.
Victim 5 is the brother of Victim 2. Au-Young published videos on the internet making false allegations that Victim 5 was a pedophile. The videos show photos of Victim 5 and make specific allegations against Victim 5, claiming he is a dangerous person who has molested several children. The videos also implicated Victim 5’s wife. Au-Young also sent letters to Victim 5’s residence and the church where Victim 5 worked as a minister. Although all of the allegations were false, Au-Young told the community that Victim 5 was a pedophile who was aided by his wife.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Tampa Police Department, the Anaheim Police Department (California), and the Carbondale Police Department (Illinois). It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel and former Assistant United States Attorney Lisa Thelwell.
Panama City Woman Sentenced to Federal Prison for Passing Counterfeit Federal Reserve NotesRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Lyndsey Rhea Markland (41, Panama City) to 12 months in federal prison for passing counterfeit Federal Reserve notes. The court also ordered Markland to pay restitution to the victims she defrauded. On June 8, 2023, Markland pleaded guilty to four counts of passing counterfeit Federal Reserve notes.
According to court documents and public records, in 2022, Markland entered various businesses in Brevard, Clay, Duval, and Seminole counties and purchased gift cards, merchandise, and food using counterfeit Federal Reserve notes. Law enforcement subsequently determined that Markland and her co-defendant, Neal Evan Pollman (42, Panama City), were staying at a hotel in Palm Bay. In November 2022, the Palm Bay Police Department (PBPD) executed a search warrant at their hotel room and located Markland inside the room. Also located in the room was approximately $30,000 in counterfeit currency and a printer, along with other tools used by Pollman to manufacture counterfeit Federal Reserve notes. Shortly after the execution of the search warrant, the PBPD located Pollman in the vicinity of the hotel and arrested him. When the officers searched Pollman, they recovered various counterfeit Federal Reserve notes on him which were traced back to his manufacturing activities. During a subsequent forensic examination of Pollman’s cellphone, law enforcement located images of Federal Reserve notes that Pollman used to manufacture the counterfeit currency.
Pollman and Markland appeared in federal court on April 27, 2023, pursuant to a writ bringing them to Jacksonville from the Bay County Jail, where they were serving jail sentences for violating their state probation on multiple charges related to passing counterfeit Federal Reserve notes. The court ordered Pollman and Markland detained.
On September 25, 2023, U.S. District Judge Davis sentenced Pollman to 18 months in federal prison for manufacturing counterfeit Federal Reserve notes. The court also ordered Pollman to pay restitution to the victims he defrauded.
This case was investigated by the Brevard County Sheriff’s Office, the Jacksonville Sheriff’s Office, the Palm Bay Police Department, the Orange Park Police Department, the Seminole County Sheriff’s Office, and the United States Secret Service - Jacksonville Field Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Navy Sailor Indicted for Attempting to Entice and Meet A Minor Child to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Michael Buck Brockway (39, Jacksonville) with using the internet and his cellphone from July 17 through July 28, 2023, to attempt to entice a minor child to engage in sexual activity. If convicted, Brockway faces a minimum mandatory penalty of 10 years, up to life, in federal prison, and a potential life term of supervised release. Brockway was arrested on July 28, 2023, in Jacksonville, on related state charges. He was arraigned in federal court on November 2, 2023, and ordered detained pending trial.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Jacksonville Sheriff’s Office, the Naval Criminal Investigative Service, and the Federal Bureau of Investigation. 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 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 child victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Honduran Nationals Sentenced in Multi-Million Dollar Wire and Tax Fraud SchemeRead the Press Release
Jacksonville, Florida – Chief United States District Court Judge Timothy J. Corrigan has sentenced Omar Wilkin Santos-Calix and Oscar Rene Santos-Santos, both Honduran nationals and both illegally present in United States, to 24 months in federal prison for conspiracy to commit wire fraud and conspiracy to commit tax fraud. The court also ordered Santos-Calix to pay restitution to the IRS in the amount of $3,245,161 and entered a money judgment against Santos-Calix in the amount of $897,870, representing the proceeds of the wire fraud. The court ordered Santos-Santos to pay restitution to the IRS in the amount of $1,773,429 and entered a money judgement against Santos-Santos in the amount of $490,634, representing the proceeds of the wire fraud.
According to court documents, Santos-Calix and Santos-Santos established a shell company that purported to be involved in the construction industry. They obtained a workers’ compensation insurance policy in the name of the shell company to cover a minimal payroll for a few purported employees, then “rented” the workers’ compensation insurance to work crews who had obtained subcontracts with construction contractors on projects in various Florida counties as well as contractors in other states. Santos-Calix and Santos-Santos sent the contractors a certificate as “proof” that the work crews had workers’ compensation insurance, as required by Florida law. By sending the certificate, the defendants falsely represented that the work crews worked for the two companies. Over the course of the scheme, the defendants “rented” the certificates to dozens of work crews, defrauding the worker’s compensation insurance carrier.
As part of the scheme, the contractors issued payroll checks for the workers’ wages to the shell companies and Santos-Calix and Santos-Santos cashed these checks, then distributed the cash to the work crews after deducting their fee, which was typically about 6% of the payroll. During the scheme, both defendants cashed payroll checks totaling approximately $19 million, with their fees totaling over $1 million. Neither the shell company nor the contractors reported to government authorities the wages that were paid to the workers, nor did they pay either the employees’ or the employer’s portion of payroll taxes – including Social Security, Medicare, and federal income tax. According to the IRS, the amount of payroll taxes due on wages collected by Santos-Calix and Santos-Santos totaled $5,018,590.
The scheme also facilitated the avoidance of the higher cost of obtaining adequate workers’ compensation insurance for the numerous workers on the work crews to whom Santos-Calix and Santos-Santos “rented” the workers’ compensation insurance. The two policies that the defendants purchased and then “rented” out was for an estimated payroll of $175,000, and the insurance company issued policies for a premium of approximately $21,000. Had a workers’ compensation insurance policy been purchased for the actual payroll totaling approximately $19,000,000, the policy premium would have totaled about $2.5 million.
“Through their illegal workers compensation payroll and insurance fraud scheme, these individuals sought to defraud the U.S. government and undercut legitimate private businesses, while taking advantage of noncitizen workers, for their own personal profit,” said Assistant Special Agent in Charge K. Jim Phillips, HSI Jacksonville. “Rest assured that HSI special agents, IRS Criminal Investigation, and our law enforcement partners will vigilantly pursue those who think they can operate without regard to U.S. laws.”
“Through their actions, these defendants attempted to create an environment that favored cheaters,” said IRS-CI Acting Special Agent in Charge Tara K. Reed. IRS-CI prioritizes cases involving individuals who seek to hurt tax-compliant individuals and businesses. Through our partnership with HSI and the United States Attorney’s Office, we will continue to identify bad actors and work together to vigorously investigate and prosecute these payroll tax and worker’s compensation insurance schemes.”
This case was investigated by Homeland Security Investigations (HSI), the Internal Revenue Service – Criminal Investigation, and the Florida Department of Financial Services. It was prosecuted by Assistant United States Attorney John Cannizzaro. The forfeiture was handled by Assistant United States Attorney Mai Tran.
Fort Myers Man Sentenced to 24 Years in Prison for Killing an FBI InformantRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced James Franklin Broomfield, Jr. (37, Fort Myers) to 24 years in federal prison for tampering with an informant by killing. The court ordered the sentence to run consecutive to a sentence Broomfield is currently serving for possession of a firearm as a convicted felon. Broomfield had pleaded guilty on January 9, 2019.
According to court documents and evidence presented in the related trial of United States v. Robert Lee Ward, Robert Ward was the leader of a drug trafficking organization (DTO) in Fort Myers that distributed cocaine in Fort Myers and other locations for over a decade until Ward’s arrest in 2018. In 2012, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Lee County Sheriff’s Office were investigating Ward and his DTO when the FBI obtained the assistance of Kristopher Smith, a member of Ward’s DTO, who agreed to cooperate in the investigation. Ward learned about Smith’s cooperation with investigators and solicited Broomfield to kill Smith. Broomfield agreed to kill Smith for $30,000. Ward provided Broomfield with a loaded firearm and told him where to locate Smith.
On January 7, 2013, Broomfield and another individual followed Smith and his girlfriend as they drove to their son’s school in Fort Myers. Smith remained in the car while his girlfriend entered the school to deliver lunch to their son, who was a first-grade student at the school. Broomfield and his accomplice parked their vehicle behind the informant’s car. Broomfield ran up to the car and shot Smith several times, killing him.
A jury has found Ward guilty of conspiracy to distribute over five kilograms of cocaine, and tampering with an informant by killing, and he is pending sentencing.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Lee County Sheriff’s Office, and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.
This investigation is the result of the Organized Crime Drug Enforcement Task Forces (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Bradenton Woman Sentenced to More Than Nine Years in Prison for Investment Fraud and Money LaunderingRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody has sentenced Lori Ann Nademus (46, Bradenton) to nine years and two months in federal prison for wire fraud and money laundering. The court also ordered Nademus to forfeit a 10-carat white gold and diamond wedding ring and a stainless-steel TAG Heuer watch, which are traceable to proceeds of the offense. As part of her sentence, the court also entered an order of forfeiture in the amount of $9.75 million, the proceeds of the wire fraud scheme. Nademus had pleaded guilty on March 17, 2023.
According to court documents, between February 2017 and September 2020, Nademus solicited individuals to invest in false and fraudulent high-yield investment programs and used the fraud proceeds to perpetuate the scheme and for her own personal enrichment. Using her purported foundations, Nademus falsely and fraudulently represented that the victim-investors’ funds would be used for various projects, such as providing clean water to a third world country, purchasing a trust in Liechtenstein at a cost exceeding $1 million, leveraging a gold mine for investment, and liquidating a multi-million dollar investment, and that the victim-investors would realize nearly immediate, significant, and ongoing gains by providing bridge financing. Nademus communicated that the investments were safe for various reasons, including that the investments were secured by millions of dollars of assets held by her “Teras Foundation Investments.” Nademus memorialized the phony investment opportunities presented to victim-investors in so-called promissory notes, balloon promissory notes, and/or memos of understanding. She caused the victim-investors to transmit their funds, often via interstate wires, to accounts in the names of Dunamis Foundation, Teras Foundation, or an attorney’s IOTA account.
Nademus used nearly all of the funds for international travel, luxury residences, high-end retail purchases of clothing, jewelry, and other items, and for her own personal enrichment. When she failed to pay the victim-investors their supposed gains in a timely manner, Nademus endeavored to assuage their concerns by promising a higher return at a later time to lull them into a false sense of security.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Tiffany E. Fields and Rachelle DesVaux Bedke. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.
Three Indicted for Contract Killing of 17-Year-Old High School Student in Order to Prevent Her Testimony in CourtRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Brooksville residents Lenard White (36), a/k/a “Len,” “Mike Williams,” and “Stick,” Sheldon Robinson (21), a/k/a “Poboy,” and Keshawn Woods (22) with conspiracy to commit murder for hire, murder for hire, discharge of a firearm during and in relation to a crime of violence which caused the death of I.S., and discharge of a firearm in furtherance of a violent crime. White and Robinson were also charged with conspiracy to distribute controlled substances, tampering with a witness, and obstruction of justice. Janet Williams (44, Brooksville), Robinson’s mother, has been charged with multiple counts of false statements to federal agents.
If convicted on all counts, White, Robinson, and Woods each face mandatory life imprisonment, or the federal death penalty. Williams faces a maximum penalty of five years in federal prison for each of the three false statement counts.
According to the indictment and evidence presented in court, on February 6, 2023, a 17-year-old victim (I.S.) and her mother (L.P.) went to the Hernando County Sheriff’s Office to report that I.S. had been sexually assaulted by White. White then contracted with Robinson and Woods to murder I.S. for $10,000 to prevent her from further pursuing criminal charges against him. The following day, Robinson and Woods arrived at I.S. and L.P.’s home and knocked on the door. When the door was opened, a barrage of gunshots were fired at I.S. and L.P. I.S. was shot four times and killed. L.P. was struck by gunfire but survived.
As the federal investigation of I.S.’s murder progressed, White, Robinson, and Williams attempted to hinder the investigation by disposing of evidence, tampering with witnesses, obstructing justice, and making false statements to law enforcement.
Janet Williams made her initial appearance in federal court on October 26, 2023, and was released on conditions including home detention. Keshawn Woods had his initial appearance in federal court on November 1, 2023, and was ordered detained. White and Robinson are currently in state custody. They are scheduled to make their initial appearances in federal court on November 9, 2023, at 12:30 p.m.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Hernando County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives, with substantial assistance from the Florida Department of Law Enforcement and the State Attorney’s Office for the Fifth Judicial Circuit. It will be prosecuted by Assistant United States Attorney Diego F. Novaes.
Middle District of Florida Agencies and Stakeholders Awarded More Than $20 Million in Funding for Investments in Public SafetyRead the Press Release
The Justice Department announced today several new commitments as part of its Comprehensive Strategy for Reducing Violent Crime. Instituted by Attorney General Merrick B. Garland in May 2021, the strategy focuses on harnessing federal resources, intelligence, and expertise as a force-multiplier with state, local, and Tribal law enforcement.
Deputy Attorney General Lisa O. Monaco and Associate Attorney General Vanita Gupta highlighted the more than $334 million in critical grant funding to law enforcement agencies and stakeholders awarded today by the Office of Community Oriented Policing Services (COPS Office).The COPS grants announced today include funding to help law enforcement agencies hire over 1,730 new law enforcement officers across the country while also providing critical funding to support school safety and continue to advance community policing nationwide.
Through this funding, U.S. Attorney’s Office for the Middle District of Florida (MDFL) is pleased to announce that the Department’s COPS Office has awarded $20,677,053 in the MDFL to combat violent crime and maintain public safety.
“Law enforcement officers across the country are showing up every day to protect their communities in the face of unprecedented challenges,” said Attorney General Merrick B. Garland. “These grants, which support the hiring of more than 1,700 new officers and make critical investments in school safety and crisis intervention efforts, will help provide local law enforcement agencies with the resources they need to keep their communities safe, support officers, and build public trust.”
“The more than $20 million in grant funding awarded to recipients in our district will help our law enforcement partners to continue to keep our communities safe,” said U.S. Attorney Handberg. “This funding will support the hiring of more than 180 new officers in our district, promote community policing, as well as provide funds for law enforcement mental health and wellness.”
Lastly, the Deputy Attorney General and Associate Attorney General announced that this December 11-13, in Indianapolis, the Justice Department’s will bring together 1,500 local and federal partners from across the country, including representatives from the more than 50 PSP jurisdictions and from Project Safe Neighborhoods for a Violent Crime Reduction Summit, to be hosted by OJP BJA.
Complete lists of all program award recipients, including funding amounts, can be found here.
Sarasota Man Charged with Threatening Jewish Organization in New YorkRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of a criminal complaint charging Deep Alpesh Kumar Patel (21, Sarasota) with transmitting an interstate threat to injure. If convicted, Patel faces a maximum penalty of five years in federal prison.
According to the complaint affidavit, on October 21, 2023, Patel left a threatening voicemail at the World Jewish Congress in New York City identifying himself by name and screaming, among other expletives, “If I had a chance, I would kill every single one of you Israelis. Every single one of you! Cause mass genocide of every single Israeli.”
A criminal complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force, with valuable assistance from the Florida Department of Law Enforcement, the Sarasota Police Department, and the Sarasota County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Risha Asokan.
Download Criminal ComlpaintMan Who Opened Fire on ATF Agents and Lakeland Police Officers After Highspeed Chase on I-4 Pleads GuiltyRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Francisco Cabrera (28, Dover) today pleaded guilty to three counts of armed robbery, use of a firearm in furtherance of a crime of violence, armed carjacking, and possessing a firearm and ammunition as a convicted felon. Cabrera faces a minimum mandatory sentence of 28 years, up to life, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, between January 13 and 17, 2022, Cabrera engaged in a crime spree during which he robbed two stores and a gas station in Plant City and Brandon. During these robberies, Cabrera held victims at gunpoint. At times, Cabrera removed the magazine from his pistol and showed bullets to the victims and stated, “this is for real” or “give me the money or I will shoot you.”
On January 19, 2022, Cabrera returned to the gas station he had robbed, approached an individual sitting inside a truck and carjacked him at gunpoint. As Cabrera was escaping in the truck, he brandished his firearm to other individuals who attempted to stop him and help the victim. Hours later, detectives from the Lakeland Police Department and ATF special agents, working together, located Cabrera in Plant City. Law enforcement activated their lights and sirens and began pursuit. Cabrera fled through Plant City, eventually entering the eastbound on-ramp of Interstate-4 heading towards Lakeland. As Cabrera entered the on-ramp, he stuck his hand out the driver’s side window holding a firearm. He pointed the firearm at law enforcement and fired multiple shots. Once on Interstate-4, Cabrera traveled at speeds of over 100 miles per hour, weaving in and out of busy midday traffic.
At one point, Cabrera lost control of his vehicle and crashed into a concrete median, nearly causing a collision with oncoming traffic. As he continued to flee, Cabrera fired multiple shots at law enforcement officers, striking their vehicles. Fearing that Cabrera was going to kill someone, and after determining that no other law enforcement officers or civilians would be in danger, an ATF special agent fired at Cabrera striking him twice in his lower back. Officers from the Lakeland Police Department and ATF agents then surrounded Cabrera. The officers provided Cabrera with first aid medical assistance before taking him to the hospital.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Lakeland Police Department. It is being prosecuted by Assistant United States Attorney Diego F. Novaes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Jacksonville Woman Arrested for Conspiracy to Create and Distribute Animal Crush VideosRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging Nicole Danielle Devilbiss (35, Jacksonville) with conspiracy to create and distribute animal crush videos. If convicted, Devilbiss faces a maximum penalty of five years in federal prison. A detention hearing has been set for Devilbiss on November 1, 2023, at 1:00 p.m.
Animal crushing is defined under federal criminal law as “actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians, is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury.”
According to court documents, an investigation into a group on a mobile phone application revealed users were arranging the creation and sharing of videos depicting animal crush videos involving primates. The group chat was dedicated to the abuse, torture, and death of monkeys of various ages. The investigation identified Devilbiss as one of the administrators of the group and determined that she removed people from the group, commented on the abuse of the primates in the videos, and shared videos depicting primates being tortured.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Clay County Sheriff’s Office, the Jacksonville Sheriff’s Office, the St. Johns County Sheriff’s Office, and Homeland Security Investigations (HSI). It will be prosecuted by Assistant United States Attorney Ashley Washington.
Unlicensed Wholesaler Sentenced to Prison for Distributing Foreign Unapproved New Drugs and Mail FraudRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Marina Sievert (58, Dunedin) to two years in federal prison for mail fraud and introduction into interstate commerce of a foreign unapproved new drug. As part of her sentence, the court entered an order of forfeiture in the amount of $1.5 million, the proceeds of the charged criminal conduct, and ordered Sievert to pay $20,000 in criminal fines. Sievert had pleaded guilty on June 21, 2023.
According to court documents, beginning in July 2019, and continuing through April 2022, Sievert owned and operated Beauty Forever Florida, Inc. (BFF), a Florida corporation that she used to order, purchase, import, receive, and distribute unapproved and misbranded drugs and medical devices. For instance, Sievert distributed Innotox Medytox and Meditoxin, which contained botulinum toxin type A, a highly potent toxin that could cause the disease botulism. Sievert acquired these products from a Korean pharmaceutical company that did not have the required approvals of the Food and Drug Administration (FDA) for distribution in the United States. Sievert made fraudulent representations on her BFF website to her customers, such as false and misleading claims that BFF’s products were “FDA approved,” had “cleared customs,” and had “guaranteed authenticity.” Sievert collected online orders from the BFF website and used the United States Postal Service and private and commercial interstate carriers to acquire the unapproved new drugs from foreign pharmaceutical retailers. Sievert then distributed the unapproved new drugs across the United States via the mail.
This case was investigated by the United States Food and Drug Administration—Office of Criminal Investigations and Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Greg Pizzo.
United States Recovers $2.4 Million Obtained in Business Email CompromiseRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that the United States has civilly forfeited $2,462,000 in proceeds obtained from a wire fraud scheme that involved the takeover of a business email account. The forfeited funds are being returned to the fraud victim.
According to court documents, the victim, Company 1 (“C1”), sells comprehensive lead frame products and material solutions to the semiconductor packaging industry. In April 2022, C1 received an email requesting a change of payment information from someone it believed worked at its business partner, Company 2 (“C2”), a heavy equipment manufacturer from which C1 regularly purchases lead frame equipment. The email came from what appeared to be C2’s true email address. The email explained that C2 was unable to accept payment into its regular account due to a “fiscal year update,” and instead, asked C1 to make future payments to a different account. This email was a fraudulent communication intended to mislead C1 into unwittingly transferring funds to a criminal entity, rather than C2. As a result of the fraudulent communication, C1 wired $2,462,000 million to the account identified by the fraudster.
After realizing that C2 had not sent the email requesting the change, C1 reported the fraud to its bank, which ultimately caused the $2,462,000 million to be frozen. Agents from the United States Secret Service (USSS) then tracked down the sole signatory of the account that received the funds, S.T., who informed USSS agents that he has never done business with C1 or C2 and he did not believe he was the rightful owner of the funds. S.T. claimed that in approximately January 2022, he met a group of individuals at a Bitcoin conference and agreed to contract his services to the group. S.T. provided his banking information to this group in order to receive payment for the work he was going to perform. S.T. stated that he communicated with the group primarily though the WeChat messaging application, and that when he contacted them about the funds, they denied any fraud-related activity. Because C1 and its bank acted quickly, law enforcement was able to seize and forfeit the full amount transferred by C1.
United States Attorney Handberg has requested and received permission from the Department of Justice’s Money Laundering and Asset Forfeiture Section (MLARS) to remit the forfeited funds back to the victim. MLARS administers the Department’s Asset Forfeiture Program victim compensation process to ensure forfeited funds are returned to victims. U.S. Attorney Handberg noted that “civil forfeiture is an important tool frequently used by federal law enforcement to benefit victims.” In fact, in fiscal year 2023, the Middle District of Florida obtained permission to use almost $44 million in forfeited funds to compensate crime victims. Since 2000, more than $11 billion in forfeited funds has been returned to victims through federal forfeiture. In many cases like this one, criminal forfeiture is not an option because law enforcement is not able to identify the perpetrator even after the criminal proceeds are recovered. U.S. Attorney Handberg thanks MLARS for its assistance in facilitating the distribution in this matter.
“This is another example of how fraudsters are getting more sophisticated with their schemes to steal money,” said Caroline O’Brien Buster, Special Agent in Charge with the Orlando Field Office. “With the cooperation of our partners in the business community, we were able to quickly freeze the funds and assist with returning them to the victim. The United States Secret Service will continue to investigate these and other types of financial fraud in our community and around the nation.”
Business Email Compromise (BEC) is a sophisticated fraud scheme targeting businesses that use wire transfers as a form of payment. The BEC scheme affects large global corporations, governments, and individuals, with current global daily losses estimated at approximately $8 million. Criminals compromise legitimate business email accounts through various hacking schemes, including social engineering and the use of malware. Once a business email account is compromised, a fraudulent email is sent directing the recipient of the email to unwittingly transfer funds to an illicit account. Alternatively, they create “spoofed” email domain names to trick people into thinking they know the sender. An email domain name is the part of an email address that comes after the “@” symbol. In email spoofing, one character in an email address is often changed or missing, thereby tricking the recipient. Criminals obtain and use privileged information to convince BEC email recipients that the transfer instructions are legitimate.
To avoid becoming the victim of a BEC scheme, verify email addresses are accurate when checking mail on a cellphone or other mobile device before you open any attachments or follow any instructions and never make any payment changes without verifying with the intended recipient by phone or in person. If you think you have been a victim of a BEC scheme, 1) immediately contact your bank to request a recall or reversal as well as a Hold Harmless Letter or Letter of Indemnity; and 2) file a detailed complaint with the Internet Crime Complaint Center at www.ic3.gov. The Internet Crime Complaint Center, is run by the FBI and serves as the country’s hub for reporting cybercrime. Visit www.ic3.gov for updated information regarding BEC trends as well as other cyber fraud schemes.
This case was investigated by the United States Secret Service. It was prosecuted by Assistant United States Attorney Jennifer M. Harrington.
Jacksonville Man Sentenced to Federal Prison for Possessing A Short-Barreled RifleRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Jonathan Donte Rogers, Jr. (22, Jacksonville) to 21 months in federal prison for possessing an unregistered short-barreled rifle. Rogers had pleaded guilty on June 1, 2023.
According to court documents, on September 5, 2022, the personal vehicle of an officer from the Jacksonville Sheriff’s Officer (JSO) was burglarized, and his rifle was stolen. The firearm was highly customized to include being a federally regulated short-barreled rifle with the officer’s name engraved on the lower receiver of the rifle. On September 6, 2022, JSO detectives viewed an Instagram video that showed the rifle and depicted Rogers armed with the rifle and filming himself on a phone in the bathroom mirror.
Further investigation led to the execution of search warrant at the residence where Rogers resided. The firearm was found in a gym bag located on Rogers’s bed.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sherriff’s Office. The case was prosecuted by Assistant United States Attorney John Cannizzaro.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Clewiston Felon Charged with Multiple Firearm and Drug Trafficking OffensesRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Javier Velasquez, Jr. (37, Clewiston) with two counts of distribution cocaine, three counts of possessing a firearm as a convicted felon, illegal possession of a machinegun, and carrying of firearms during and in relation to a drug trafficking crime. If convicted on all counts, Velasquez, Jr. faces a minimum mandatory penalty of five years, up to life, in federal prison. The indictment also notifies Velasquez, Jr. that the United States intends to forfeit the firearms which are alleged to have facilitated some of the offenses.
According to the indictment, Velasquez, Jr. committed the offenses between July 13 and September 19, 2023.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It will be prosecuted by Assistant United States Attorney Mark Morgan.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make out neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in first place, setting focused and strategic enforcement priorities, and measuring the results.
Oldsmar Man Indicted for Producing, Distributing, and Possessing Child Sexual Abuse MaterialRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces the return of an indictment charging Justin Ryan Culmo, (39, Oldsmar) with three counts of production of child sex abuse material, one count of distribution, and one count of possession of child sexual abuse material. If convicted, Culmo faces a minimum mandatory penalty of 15 years, up to 30 years, in federal prison for each production count, a minimum mandatory 5 years, up to 20 years, for the distribution count, and up to 20 years in federal prison for the possession offense. The indictment also notifies Culmo that the United States intends to forfeit personal property that was used to facilitate the offenses.
According to a previously filed complaint affidavit and the indictment, Culmo has been linked to an online community of individuals who regularly produce, distribute, and receive child sexual abuse material via hidden service websites also known as dark web sites. The websites Culmo accessed are exclusively dedicated to the sexual abuse of children. Culmo allegedly produced and distributed child sexual abuse material on these sites.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Homeland Security Investigations. It will be prosecuted by Assistant United States Attorney Stacie B. Harris.
Any person who was, or knows of someone who may have been, a possible victim of Culmo is urged to contact HSI at 1-866-347-2423 or http://www.ice.gov/webform/hsi-tip-form.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
If you see something, say something. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-347-2423 or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196.
Suspected child sexual exploitation or missing children may also be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST (800-843-5678).
Download IndictmentJustice Department Secures Agreement with Florida School District to Protect the Civil Rights of English Learner StudentsRead the Press Release
The Justice Department announced today a settlement agreement with the Clay County School District in Florida to resolve the department’s findings about the district’s program for English learner students.
The department’s investigation found that the district did not provide English learner students with the language instruction needed to become fluent in English and failed to provide non-English speaking parents with important school information in a language they could understand. The department also found that English learner students could not meaningfully participate in core content classes, like math, science and social studies and did not receive individualized academic and behavioral supports that are available to their peers. In the face of these shortcomings, the district failed to take timely corrective action to ensure equal access.
“Students who are learning English have the right to engage in coursework alongside their peers, and schools must take action necessary to make that right a reality,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold schools accountable when they fail to deliver on our collective promise of equality. This agreement will help ensure that English learner students in Clay County are given the tools necessary to succeed and strive in the classroom.”
“School districts must provide English learner students with appropriate services to overcome language barriers,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We are pleased that the Clay County School District has agreed to embrace its obligation to meet the language needs of its English learners so that students can learn English and fully participate in the district’s educational experience. Equal access to educational opportunities is at the heart of civil rights protections for our youth and students are entitled to equal access despite any language barriers they may have.”
The district cooperated fully with the department’s investigation and, after receiving the results of the investigation, committed to improving its services for English learner students. As part of the settlement agreement, the district has agreed to revise its policies and improve its services so that students can learn English and fully participate in the district’s educational experience.
Under the agreement, the district will modify its practices so that English learner students are properly assessed and identified shortly after their enrollment, promptly provided with language services if they qualify and have the opportunity to equally benefit from the academic and behavioral supports provided to their peers. The district will also make certain that all teachers are qualified, trained and provided enough support and resources to help English learner students become fluent in English and understand their core-content courses. The district will also provide language translation and interpretation of important school information to parents who are not fluent in English. The Justice Department will oversee the district’s implementation of the settlement agreement over the next four school years.
The department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida jointly investigated under the Equal Educational Opportunities Act of 1974.
The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.
View the Spanish translation of the press release here.
View the Haitian Creole translation of the press release here.
View the letter of findings here.
View the English settlement agreement here.
View the Spanish settlement agreement here.
View the Haitian Creole settlement agreement here.
View the English agreement summary here.
View the Spanish agreement summary here.
View the Haitian Creole agreement summary here.
Justice Department Secures Agreement with Florida School District to Protect the Civil Rights of English Learner StudentsRead the Press Release
The Justice Department announced today a settlement agreement with the Clay County School District in Florida to resolve the department’s findings about the district’s program for English learner students.
The department’s investigation found that the district did not provide English learner students with the language instruction needed to become fluent in English and failed to provide non-English speaking parents with important school information in a language they could understand. The department also found that English learner students could not meaningfully participate in core content classes, like math, science and social studies and did not receive individualized academic and behavioral supports that are available to their peers. In the face of these shortcomings, the district failed to take timely corrective action to ensure equal access.
“Students who are learning English have the right to engage in coursework alongside their peers, and schools must take action necessary to make that right a reality,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold schools accountable when they fail to deliver on our collective promise of equality. This agreement will help ensure that English learner students in Clay County are given the tools necessary to succeed and strive in the classroom.”
“School districts must provide English learner students with appropriate services to overcome language barriers,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We are pleased that the Clay County School District has agreed to embrace its obligation to meet the language needs of its English learners so that students can learn English and fully participate in the district’s educational experience. Equal access to educational opportunities is at the heart of civil rights protections for our youth and students are entitled to equal access despite any language barriers they may have.”
The district cooperated fully with the department’s investigation and, after receiving the results of the investigation, committed to improving its services for English learner students. As part of the settlement agreement, the district has agreed to revise its policies and improve its services so that students can learn English and fully participate in the district’s educational experience.
Under the agreement, the district will modify its practices so that English learner students are properly assessed and identified shortly after their enrollment, promptly provided with language services if they qualify and have the opportunity to equally benefit from the academic and behavioral supports provided to their peers. The district will also make certain that all teachers are qualified, trained and provided enough support and resources to help English learner students become fluent in English and understand their core-content courses. The district will also provide language translation and interpretation of important school information to parents who are not fluent in English. The Justice Department will oversee the district’s implementation of the settlement agreement over the next four school years.
The department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida jointly investigated under the Equal Educational Opportunities Act of 1974.
The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.
View the letter of findings here.
View the settlement agreement here.
View the agreement summary here.
El Departamento de Justicia llega a un acuerdo con un Distrito Escolar de Florida para proteger los derechos civiles de los estudiantes que están aprendiendo inglésRead the Press Release
El Departamento de Justicia anunció hoy un acuerdo de conciliación con el Distrito Escolar del Condado de Clay en Florida que resuelve los hallazgos del Departamento sobre el programa del distrito para estudiantes que están aprendiendo inglés.
La investigación del Departamento descubrió que el distrito no proporcionó a los estudiantes que están aprendiendo inglés la instrucción lingüística necesaria para dominar el inglés y no proporcionó a los padres que no hablan inglés información escolar importante en un idioma que pudieran entender. Por otra parte, el Departamento también descubrió que los estudiantes que están aprendiendo inglés no podían participar de forma significativa en clases de contenido básico, como matemáticas, ciencias y estudios sociales, y no recibieron los tipos de apoyo académico y conductual individualizado que están disponibles para sus compañeros. Ante estas deficiencias, el distrito no tomó medidas correctivas oportunas para garantizar el acceso igualitario.
«Los estudiantes que están aprendiendo inglés tienen derecho a participar en los trabajos del curso junto a sus compañeros, y las escuelas deben tomar las acciones necesarias para convertir eso en realidad», afirmó la Fiscal General Auxiliar, Kristen Clarke, de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia seguirá responsabilizando a las escuelas cuando no cumplen nuestra promesa colectiva de igualdad. El acuerdo ayudará a garantizar que los estudiantes que están aprendiendo inglés en el Condado de Clay, reciban las herramientas necesarias para ser exitosos y esforzarse en el salón de clases. ».
«Los distritos escolares deben proporcionar a los estudiantes de inglés servicios adecuados para superar las barreras lingüísticas», declaró Roger Handberg, el Fiscal Federal para el Distrito Centro de Florida. «Nos complace que el Distrito Escolar del Condado de Clay haya aceptado asumir su obligación de satisfacer las necesidades lingüísticas de sus estudiantes que están aprendiendo inglés para que puedan aprender inglés y participar plenamente en la experiencia educativa del distrito. La igualdad de acceso a las oportunidades educativas es la base de las protecciones de los derechos civiles de nuestros jóvenes y los estudiantes tienen derecho a la igualdad de acceso a pesar de cualquier barrera lingüística que puedan tener».
El distrito cooperó plenamente con la investigación del departamento y, después de recibir los resultados de la investigación, se comprometió a mejorar sus servicios para los estudiantes que están aprendiendo inglés. Como parte del acuerdo de conciliación, el distrito ha acordado revisar sus políticas y mejorar sus servicios para que los estudiantes puedan aprender inglés y participar plenamente en la experiencia educativa del distrito.
En virtud del acuerdo, el distrito modificará sus prácticas para que los estudiantes que están aprendiendo inglés sean evaluados e identificados adecuadamente poco después de su inscripción, para que se les proporcionen servicios lingüísticos de inmediato si califican y para que tengan la oportunidad de beneficiarse por igual de los apoyos académicos y conductuales proporcionados a sus compañeros. Asimismo, el distrito también se asegurará de que todos los maestros estén calificados, capacitados y cuenten con suficientes recursos y apoyo para ayudar a los estudiantes que están aprendiendo inglés a dominar el inglés y comprender sus cursos de contenido básico. El distrito también proporcionará traducción e interpretación del idioma de información escolar importante a los padres que no dominen el inglés. El Departamento de Justicia supervisará la implementación del acuerdo de conciliación por parte del distrito durante los próximos cuatro años escolares.
La División de Derechos Civiles del Departamento y Fiscalía Federal para el Distrito Centro de Florida investigaron conjuntamente en virtud de la ley de Igualdad de Oportunidades Educativas de 1974.
La aplicación de la ley de Igualdad de Oportunidades Educativas de 1974 es una de las principales prioridades de la División de Derechos Civiles. Puede encontrar información adicional sobre la División de Derechos Civiles en su sitio web en www.justice.gov/crt, e información adicional sobre el trabajo de la Sección de Oportunidades Educativas está disponible en www.justice.gov/crt/educational-opportunities-section.
Los miembros del público pueden denunciar posibles violaciones de los derechos civiles en civilrights.justice.gov/report/.
Acuerdo de conciliación.
Resumen del acuerdo.
Depatman Lajistis la Siyen yon Akò avèk yon Distrik Lekòl Florida pou Pwoteje Dwa Sivil Elèv K ap Aprann Anglè yoRead the Press Release
Jodi a, Depatman Lajistis la (Justice Department) te anonse yon akò règleman avèk Distrik Lekòl Konte Clay la (Clay County School District) nan Florida pou rezoud pwoblèm depatman an te jwenn yo nan pwogram distrik la pou elèv k ap apran anglè yo.
Envestigasyon depatman an te jwenn distrik la pa t ofri elèv k ap aprann anglè yo ansèyman lang yo bezwen an pou yo vin fen nan anglè epi li pa t ofri paran ki pa pale anglè yo enfòmasyon enpòtan sou lekòl la nan yon lang yo te ka konprann. Depatman an te konkli tou elèv k ap aprann anglè yo pa t ka patisipe yon fason valab nan kou matyè debaz yo, tankou matematik, syans ak syans sosyal, epi yo pa t resevwa sipò endividyalize pou etid ak pou konpòtman ki disponib pou lòt elèv yo. Devan defo sa yo, distrik la pa t pran mezi koreksyon rapid pou garanti aksè egal ego.
“Elèv k ap aprann anglè yo gen dwa pou yo patisipe nan kou yo ansanm ak lòt elèv yo, epi lekòl yo dwe pran mezi ki nesesè yo pou fè dwa sa a vin yon reyalite,” Pwokirè Jeneral Adjwen an Kristen Clarke, ki nan Divizyon Dwa Sivil (Civil Rights Division) Depatman Lajistis la, te deklare. “Depatman Lajistis la pral kontinye fè lekòl yo rann kont lè yo pa respekte pwomès kolektif nou an sou zafè egalite. Akò sa a pral ede garanti pou elèv k ap aprann anglè yo nan Konte Clay resevwa zouti ki nesesè yo pou fè tout efò yo kapab epi reyisi nan saldeklas la.”
“Distrik lekòl yo dwe ofri elèv k ap aprann anglè yo sèvis ki apwopriye pou simonte baryè lang yo,” Avoka Etazini an, Roger Handberg, te deklare pou Distrik Santral Florida a. “Sa fè nou plezi dèske Distrik Lekòl Konte Clay la dakò aksepte obligasyon li genyen an pou li reponn bezwen nan lang moun k ap aprann anglè li yo yon fason pou elèv yo ka aprann anglè epi patisipe konplètman nan eksperyans edikatif distrik la. Aksè egal a opòtinite edikatif yo se yon bagay ki nan kè pwoteksyon dwa sivil yo pou lajenès nou an epi elèv yo gen dwa a aksè egal malgre baryè lang yo ta ka genyen.”
Distrik la te kopere nèt avèk envestigasyon depatman an epi, lè li te fin resevwa rezilta envestigasyon an, li te pran angajman amelyore sèvis li yo pou elèv k ap aprann anglè yo. Nan kad akò règleman an, distrik la te dakò revize politik li yo ak amelyore sèvis li yo pou elèv yo ka aprann anglè epi patisipe nèt nan eksperyans edikatif distrik la.
Selon akò a, distrik la pral modifye pratik li yo pou yo ka evalye elèv k ap aprann anglè yo kòmsadwa epi idantifye yo touswit apre enskripsyon yo, epi ofri yo rapidman sèvis nan lang si yo kalifye pou yo ka gen chans benefisye yon fason egal ego sipò pou etid ak pou konpòtman yo ofri lòt elèv yo. Distrik la pral pran dispozisyon tou pou tout pwofesè yo ka kalifye, fòme epi resevwa kont sipò ak resous pou yo ede elèv k ap aprann anglè yo vin fen nan anglè epi vin konprann kou matyè debaz yo. Distrik la pral ofri tou tradiksyon ak entèpretasyon lang pou enfòmasyon lekòl enpòtan yo pou paran ki pa pale anglè kouraman. Depatman Lajistis la pral sipèvize jan distrik la aplike akò règleman an pandan pwochen kat ane lekòl yo.
Divizyon Dwa Sivil depatman an ak Biwo Pwokirè Etazini an pou Distrik Santral Florida a te mennen envestigasyon an nan tèt ansanm selon Lwa sou Chans Egal nan Zafè Edikasyon (Equal Educational Opportunities Act) 1974 la.
Aplikasyon Lwa sou Chans Egal nan Zafè Edikasyon 1974 la se yon priyorite prensipal pou Divizyon Dwa Sivil la. W ap jwenn plis enfòmasyon sou Divizyon Dwa Sivil la sou sit entènèt li an nan www.justice.gov/crt, epi w ap jwenn plis enfòmasyon sou travay Seksyon Opòtinite Edikatif la (Educational Opportunities Section) nan www.justice.gov/crt/educational-opportunities-section.
Manm piblik la gen dwa rapòte vyolasyon posib dwa sivil nan civilrights.justice.gov/report/.
Akò Règleman.
Rezime Akò Règleman.
Tampa Pain Management Physician Edward Lubin Agrees to Pay $1.5 Million to Settle False Claims Act Liability for Receiving Bribes and Writing Unnecessary Fentanyl PrescriptionsRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that pain management physician Edward Lubin has agreed to pay the United States $1.5 million to resolve allegations that he violated the False Claims Act (FCA) by causing the submission of claims for fentanyl prescriptions that were written in exchange for kickback payments and that were medically unnecessary. The agreement resolves the United States’ claims against Dr. Lubin under the FCA. The claims resolved by the settlement are allegations only, and there has been no admission or determination of liability.
The allegations in the complaint and the conduct covered by the settlement agreement relate to the submission of claims for a fentanyl-spray medication known as Subsys, which was manufactured by Insys Therapeutics, Inc. (Insys). According to the complaint, the United States alleges that Dr. Lubin knowingly and willfully accepted approximately $159,580 in kickback payments from Insys in return for prescribing Subsys. The settlement figure is almost 10 times the amount that Dr. Lubin received in kickbacks.
The United States alleges that once Dr. Lubin became involved with Insys, he immediately began prescribing Subsys in exchange for kickbacks and regardless of medical necessity. The United States contends that the kickbacks paid to Dr. Lubin were disguised as payment for speaking at sham “events” that lasted a few minutes, never occurred, or had repeat attendees despite the lack of any reason to present the same information multiple times to the same individuals. According to court documents filed by the United States, Dr. Lubin allegedly caused more than 400 false claims for Subsys to be submitted to the Medicare and TRICARE programs, in violation of the federal Anti-Kickback Statute (AKS) and the FCA, which paid in excess of $4 million for these claims.
In 2019, Insys was prosecuted under a criminal information filed in the District of Massachusetts in a case captioned United States v. Insys Therapeutics, Inc., Case No. 1:19-cr-10191-RWZ. Pursuant to the terms of a deferred prosecution agreement, Insys’s wholly owned subsidiary, Insys Pharma, Inc., pleaded guilty to five counts of mail fraud in connection with a scheme to defraud patients and insurers, including Medicare. In its deferred prosecution agreement, Insys admitted that bribes paid to medical practitioners through its speaker program were used to induce practitioners to write increasing amounts of medically unnecessary Subsys prescriptions in exchange for the payment of speaker fees. To date, in addition to the company, at least fifteen doctors, seven former Insys executives, and seven former Insys sales representatives have been criminally convicted for their roles in Insys’s sham speaker program.
“The United States will not be thwarted in its efforts to hold doctors like Dr. Lubin accountable for issuing medically unnecessary prescriptions tainted by kickbacks,” said U.S. Attorney for the Middle District of Florida Roger B. Handberg. “We thank our skilled law enforcement partners for their determined efforts to investigate this important case and to make Dr. Lubin face responsibility for his unlawful actions.”
“Providers who defraud federal health care programs deplete the Medicare trust fund, potentially negatively impacting their patients and all Medicare program participants,” said Stephen Mahmood, Acting Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to protecting the integrity of the Medicare program and the people it serves. We will continue to investigate alleged health care fraud schemes, including those involving kickback payments and fraudulent claims in violation of the False Claims Act.”
“The Defense Health Agency is incredibly grateful for the willingness and time spent by the government to take this matter to court, which resulted in settlement terms highly favorable to the government and, by extension, to our agency,” said Lieutenant General Telita Crosland, Director of the Defense Health Agency (DHA) of the United States Department of Defense. “The efforts of the Department of Justice in cooperation with the DHA in FCA actions are noteworthy and allow our agency to recoup improperly claimed funds for the benefit of TRICARE beneficiaries.”
The FCA imposes liability on any person or entity that submits, or causes the submission, of false claims for payment to federal payors. Among other grounds, falsity under the FCA may be established based on claims tainted by kickback payments due to violations of the AKS, as well as claims submitted for medically unnecessary goods or services. The United States’ settlement of this matter illustrates its continued efforts to combat health care fraud using one of its most powerful civil enforcement tools, the FCA. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The resolution obtained in this case was the result of a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, the U.S. Department of Health and Human Services’ Office of Inspector General, and the Defense Criminal Investigative Service, the criminal investigative arm of the U.S. Department of Defense’s Office of Inspector General. The FCA case was litigated by Assistant United States Attorneys Jeremy R. Bloor, Kelley Howard-Allen, and Soma Nwokolo. Assistant United States Attorney Christopher Emden litigated Dr. Lubin’s bankruptcy case for the United States.
The settlement agreement, which Dr. Lubin’s counsel filed in bankruptcy court today pursuant to a bankruptcy petition previously filed by Dr. Lubin, is available below.
Pursuant to the terms of the settlement, the bankruptcy court has final approval over the settlement agreement. The FCA case against Dr. Lubin is captioned United States v. Lubin, Case No.8:21-cv-2231.
Download Settlement AgreementOrange Park Man with History of Mental Illness Indicted for Illegally Trying to Buy A FirearmRead the Press Release
Jacksonville, FL – United States Attorney Roger B. Handberg announces the return of an indictment charging Timothy Crowe (54, Orange Park) with making a false statement to a federally licensed firearms dealer during the attempted purchase of a firearm. If convicted, Crowe faces up to five years in federal prison.
According to the indictment, Crowe completed an ATF Form 4473 during his attempted purchase of a firearm from Best Deal Gun and Pawn, a federally licensed firearms dealer. Crowe indicated on the required paperwork that he did not have a history of mental illness. The indictment alleges that this was a false statement, and that Crowe was previously adjudicated not guilty by reason of insanity in two Clay County felony cases.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This is another case uncovered through the FBI’s National Instant Criminal Background Check System (NICS). All NICS denials are reported to federal law enforcement and are reviewed daily for potential criminal prosecution. Federal law makes it a felony offense to make a false statement to a firearms dealer when trying to buy a gun.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Frank Talbot.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Florida Man Sentenced to Fifteen Years’ Imprisonment for Fentanyl Trafficking, International Money Laundering, and Possession of A Firearm in Furtherance of Drug TraffickingRead the Press Release
Tampa, FL – U.S. District Judge Thomas P. Barber has sentenced Luis Mojica Rojas (46, Zephyrhills) to 15 years in federal prison for conspiracy to distribute 400 grams or more of fentanyl, conspiracy to commit international money laundering, and possession of a firearm in furtherance of drug trafficking. The court also ordered Mojica Rojas to forfeit $90,000, which are traceable to proceeds of the offense. Mojica Rojas was arrested on May 9, 2022, detained, and pleaded guilty on July 19, 2023.
According to court records, on May 9, 2022, federal agents executed a search warrant at Mojica Rojas’s residence. Inside the master bedroom, agents located an AR-15 assault pistol and a loaded drum magazine for an AR-15. DNA testing of the firearm confirmed that Mojica Rojas possessed it. Cocaine was also found in the master bathroom. Agents seized over 780 grams of suspected fentanyl in powdered form and another 102 grams of counterfeit prescription drugs containing suspected fentanyl from a shed and camper in the backyard. In total, law enforcement seized over two kilograms of fentanyl associated with the conspiracy. In August 2021, Mojica Rojas met with an undercover law enforcement officer to launder $90,000 in drug proceeds on behalf of a coconspirator.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by the Drug Enforcement Administration, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, Homeland Security Investigations, the Pasco Sheriff’s Office, the Tampa Police Department, and the Plant City Police Department. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. It was prosecuted by Assistant United States Attorney Dan Baeza.
U.S. Attorney’s Office for the Middle District of Florida Celebrates Funding Announced During Domestic Violence Awareness MonthRead the Press Release
Tampa, FL – U.S. Attorney Roger B. Handberg joins survivors, victim service providers, advocates, and communities nationwide in recognizing October as National Domestic Violence Awareness Month (DVAM). This is a time to center the experiences of survivors, honor those who lost their lives to domestic violence; express gratitude to the countless individuals in the movement to end violence; and raise awareness on the issues of domestic violence, dating violence, sexual assault, and stalking. As part of its monthlong observance of DVAM, the U.S. Attorney’s Office for the Middle District of Florida is proud to announce that the Department’s Office on Violence Against Women (OVW) awarded $1,849,837 to the Middle District to bolster coordinated community responses aimed at bringing an end to domestic violence, as well as sexual assault, dating violence, and stalking.
Data from the most recent National Intimate Partner and Sexual Violence Survey indicate about 41% of women and 26% of men experienced contact sexual violence, physical violence, and/or stalking by an intimate partner and reported an intimate partner violence-related impact during their lifetime. Domestic violence rates are even higher for American Indian and Alaska Native populations, Black individuals, people of color, people with disabilities, and LGBTQI+ individuals.
The announced grants will reach local communities and college and campuses in the Middle District. The funding prioritizes increasing access to justice, improving survivor safety, and holding perpetrators accountable.
Specifically, the Middle District received the following funds for the 2023 fiscal year:
- OVW awarded $1,050,000 under the Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (Transitional Housing Program) to support programs that provide 6 to 24 months of transitional housing or housing assistance to survivors of domestic violence, sexual assault, dating violence, and stalking.
- OVW awarded $799,837 under the Grants to Reduce Sexual Assault, Domestic Violence, Dating Violence, and Stalking on Campus Program (Campus Program) to support colleges and universities to develop and strengthen effective security and investigation strategies for such crimes and to develop prevention education and awareness programs.
“I am pleased to announce that the Middle District of Florida has been awarded more than $1.8 million in funding from the Office on Violence Against Women,” said United States Attorney Roger B. Handberg. “These funds will help our community service provides and college campuses continue to address the systemic problem that is domestic violence.”
“Every day, a vast network of dedicated individuals helps domestic violence survivors access multiple pathways to safety, justice, and healing,” said OVW Director Rosie Hidalgo. “OVW understands that there is no one-size-fits-all approach to addressing domestic violence. These funds will enable communities to increase capacity and strengthen a coordinated community approach to prevent and address violence in more comprehensive ways tailored to their communities. Together, with our grantees, we are building a future where individuals and families can live and thrive without the threat of intimate partner violence.”
OVW provides leadership in developing the nation’s capacity to reduce violence through implementing VAWA and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities nationwide that are developing programs, policies, and practices to end domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Putnam Community Medical Center of North Florida Agrees to Pay One Million Dollars to Settle False Claims Liability Related to Its Former Sleep CenterRead the Press Release
Jacksonville, FL – United States Attorney Roger B. Handberg announces today that Putnam Community Medical Center of North Florida, who owns and operated Putnam Community Medical Center, LLC, a 99-bed hospital located in Palatka, Florida, has agreed to pay the United States $1million to resolve allegations that they violated the False Claims Act by submitting claims to Medicare and TRICARE in connection with a now-closed sleep center that were alleged to have operated with inadequate physician supervision.
According to the settlement agreement, Putnam Community Medical Center provided diagnostic sleep testing services at its now-closed sleep center, which the United States and the State of Florida allege were not provided with adequate physician supervision as required under certain Medicare coverage determinations and regulations during the period from December 2013 through February 2019.
“Protecting Medicare and TRICARE patients is paramount,” said U.S. Attorney Roger Handberg. “This civil settlement demonstrates our continuing commitment to hold accountable those who abuse the nation’s healthcare programs at the expense of the taxpayers.”
“Providers who participate in federal health care programs must follow the law governing the integrity of federally funded health care programs such as Medicare and Medicaid,” said Stephen Mahmood, Acting Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to protecting the integrity of the Medicare and Medicaid programs and the people it serves. We will continue to work with the United States Attorney’s Office and other law enforcement partners to address allegations brought under the False Claims Act.”
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Relator Willard Revels, a former sleep center employee. Mr. Revels sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting private citizens to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. The Relator will receive $300,000 of the proceeds from the settlement with the defendants.
This settlement resulted from effort by the U.S. Attorney’s Office for the Middle District of Florida, working with the HHS Office of Inspector General, and the Defense Criminal Investigative Service. Assistant United States Attorney Kelley C. Howard-Allen led the investigation.
The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The case is captioned United States, State of Florida ex rel. Willard Revels v. Putnam Community Medical Center of North Florida, LLC, et al., Case No. 3:19-cv-834-J-32JRK. The settlement agreement was filed in court today . The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability. Putnam Community Center of North Florida denies the allegations.
Download Settlement AgreementTampa Man Indicted for Overdose DeathRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Telvin O. Wright (26, Tampa) with distribution of a mixture of cocaine and fentanyl which resulted in an overdose death, and with possession with the intent to distribute fentanyl. If convicted, Wright faces a minimum mandatory penalty of 20 years, up to life, in federal prison for the distribution of fentanyl resulting in death, and up to 20 years’ imprisonment for the possession with intent to distribute offense. The indictment also notifies Wright that the United States intends to forfeit any assets which are alleged to be traceable to proceeds of the offense.
According to the indictment, on February 9, 2022, Wright distributed a mixture of cocaine and fentanyl to an individual who died after ingesting the substance. On February 11, 2022, Wright possessed fentanyl with the intent to distribute it.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Hillsborough County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Maria Guzman.
Tampa Armed Career Criminal Convicted at Trial for Possessing A Firearm and AmmunitionRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Ivan Lamar Vasquez (39, Tampa) has been found guilty, following a bench trial before United States District Court Judge Charlene Edwards Honeywell, of possessing a firearm as a convicted felon. Lamar Vasquez qualifies for enhanced penalties under the Armed Career Criminal Act. He faces a minimum mandatory penalty of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for January 30, 2024. Lamar Vasquez was indicted on February 21, 2021.
According to evidence presented at trial, on October 26, 2020, members of the Tampa Police Department (TPD) executed a search warrant at Lamar Vasquez’s residence in Sulphur Springs. TPD officers observed Lamar Vasquez flee from the residence at the time of the search and apprehended him shortly thereafter. Inside the residence, officers discovered a loaded Keltec pistol bearing a latent fingerprint belonging to Lamar Vasquez. Lamar Vasquez’s DNA was also recovered from the firearm. At the time, Lamar Vasquez had multiple prior felony convictions for delivery of cocaine and is therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys David W.A. Chee, David P. Sullivan, and Callan L. Albritton.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
St. Petersburg Man Pleads Guilty to Possessing Controlled Substances with Intent to Distribute and Possessing A Firearm as A Convicted FelonRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Erik Barner (44, St. Petersburg) has pleaded guilty to four counts of possessing a controlled substance with the intent to distribute it and one count of possessing a firearm as a convicted felon. Barner faces a maximum sentence of 20 years’ imprisonment on each of the drug offenses. He faces a minimum mandatory sentence of 15 years, up to life, in federal prison on the firearm offense. A sentencing date has not yet been set.
According to court documents, on February 22, March 1, and March 10, 2023, Barner sold cocaine to a confidential informant working with the St. Petersburg Police Department. Law enforcement obtained a search warrant for Barner’s home and vehicle. Officers seized four firearms and various ammunition that was dispersed throughout Barner’s home. In Barner’s vehicle, law enforcement located 176 grams of cocaine. Barner has prior felony convictions for possession of cocaine, throwing a deadly missile at or into an occupied vehicle, possession of cocaine with intent to sell, and two trafficking in cocaine convictions. He is therefore prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Samantha Newman.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Hillsborough County Jail Inmates, an Inmate’s Sister, and A Nurse Plead Guilty to Smuggling Narcotics into Jail, Resulting in Serious Bodily InjuryRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Seneca Dukes (42, Tampa) and David Marty (43, Tampa) have pleaded guilty to conspiracy to distribute fentanyl and methamphetamine resulting in serious bodily injury. Dukes and Marty had pleaded guilty on October 23, 2023, immediately before their trial was to commence. Each faces a minimum mandatory sentence of 20 years, and up to life, in federal prison. Their sentencing dates have not yet been set. Co-conspirators Emmanuel Gotay Hernandez (34, Tampa), Miriam Marti-Benning (49, Tampa), and Michelle Lipinski (35, Tampa) previously pleaded guilty to the conspiracy and are also pending sentencing.
According to court proceedings and documents, in March 2021, Dukes, Marty, Gotay Hernandez, Marti-Benning, and Lipinski conspired to obtain controlled substances and smuggle them into the Hillsborough County Falkenburg Road Jail. Dukes and Marty were housed in the same pod at the jail, and Lipinski, who was a nurse at the jail, routinely visited their pod. Dukes developed a relationship with Lipinski and asked her to meet with Marti-Benning to get packages from her and bring them to him during her rounds. Marty had his sister, Marti-Benning, obtain controlled substances and give them to Lipinski.
Gotay Hernandez was one of the individuals who supplied drugs to Marti-Benning. He was also an inmate in the same jail pod as Dukes and Marty, but he was released from the jail on March 14, 2021. At Marty’s request, Gotay Hernandez met with Marti-Benning and provided her with fentanyl. Marti-Benning, in turn, met with Lipinski, who then brought multiple packages of controlled substances to Dukes during her rounds on March 29, 2021.
An inmate in the pod overdosed on the fentanyl the next morning. The inmate was found on the shower floor, motionless, and struggling to breath. A medical team arrived and moved the inmate to the jail clinic for emergency treatment. Through the administration of Narcan, the medical team revived the inmate.
Following the overdose, jail deputies searched the pod and found a bag with methamphetamine and two small blue plastic baggies that contained fentanyl hidden in a slot in a bathroom partition. During the subsequent investigation, inmates in the pod said Dukes was selling drugs in the pod, a nurse was bringing the drugs into the pod and providing them to Dukes and, the last time the nurse met with Dukes was on March 29, 2021. An inmate provided investigators with a torn piece of paper with the name “Miriam Marti Benning” written on it and said that inmates were paying for narcotics through Cash App, a payment service that allows money transfers using a cellphone application.
Videos from the pod showed that Lipinski met with Dukes for approximately five minutes on the afternoon of March 29, 2021. They met in a semi-private room within the pod. Investigators reviewed calls on the jail’s recorded call system and learned that Lipinski had received hundreds of calls from inmates and Dukes was one of her most frequent callers. In coded language during some of their calls, Dukes and Lipinski discussed Lipinski getting items from Marti-Benning and bringing them to Dukes in the jail.
Gotay Hernandez and Marti-Benning communicated with each other through texts and phone calls to arrange for a delivery of heroin. Marty called them from the jail to discuss the plans for Gotay Hernandez to meet with his sister. After he delivered narcotics to Marti-Benning on March 28, 2021, Gotay Hernandez told her the substance was fentanyl and that it was very strong. On April 2, 2021, when Lipinski reported to work, detectives arrested and questioned her. Lipinski admitted that, at Duke’s request, she had been meeting with Marti-Benning and bringing packages into the jail, most recently on March 29, 2021, and that she delivered the packages to Dukes. She suspected the packages contained narcotics, but they were wrapped in black electrical tape, and she did not know the specific drugs she was smuggling into the jail.
Investigators searched Marti-Benning’s residence on April 5, 2021, and found methamphetamine, heroin, a digital scale, ring baggies, and a roll of black electrical tape. Marti-Benning admitted that she had obtained narcotics and provided them to Lipinski, and the packages were to be brought into the jail and delivered to Dukes.
This case was investigated by the Hillsborough County Sheriff’s Office, the Florida Department of Law Enforcement, and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorneys Michael Sinacore and Samantha Newman.
Sarasota Multi-Time Convicted Felon Sentenced to Six Years for Possessing FirearmRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung has sentenced Terrence Thompson (42, Sarasota) to six years in federal prison for possessing a firearm as a convicted felon. Thompson had pleaded guilty on June 28, 2023.
According to court documents, on December 9, 2022, deputies from the Sarasota County Sheriff’s Office (SCSO) received a 911 call about a disturbance involving Thompson at a residence near Lalani Boulevard and Bee Ridge Road in Sarasota. The SCSO Aviation Unit tracked Thompson from the residence and the helicopter camera recorded Thompson stopping his vehicle and throwing a small pistol-shaped object in the bushes near Crescent Ridge Road and Bee Ridge Road. SCSO deputies searched the area and located the loaded Bersa Thunder 380 pistol that Thompson had discarded.
Thompson was arrested a short time later. During an interview with ATF agents, Thompson admitted to being a convicted felon and possessing the pistol. He further admitted to discarding the pistol when the helicopter spotted him. As a convicted felon Thompson is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Sarasota County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys David W.A. Chee and Diego F. Novaes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Readout of Assistant Attorney General Kristen Clarke’s Trip to FloridaRead the Press Release
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division traveled to Jacksonville, Florida, on Oct. 19 to continue the division’s tour to engage with stakeholders in underserved communities and reaffirm the department’s commitment to protecting the civil rights of all Americans.
In the morning, Assistant Attorney General Clarke joined Attorney General Merrick B. Garland and U.S. Attorney Roger Handberg for the Middle District of Florida to announce a $9 million agreement with Ameris Bank to resolve allegations that the bank engaged in a pattern or practice of redlining predominantly Black and Hispanic neighborhoods in Jacksonville, Florida. Since 2021, the department has secured 10 resolutions and over $107 million in relief for communities of color nationwide. Read her full remarks here.
After the announcement, Assistant Attorney General Clarke and U.S. Attorney Handberg held a meeting with community leaders and stakeholders to discuss the agreement with Ameris Bank, as well as other civil rights issues, including hate crimes, law enforcement accountability, voting rights and LGBTQI+ rights.
In the afternoon, Assistant Attorney General Clarke visited the Pace Center for Girls, a nationally recognized day program that offers counseling, academic and life-skills services for girls ages 12-17 who are at risk of entering the juvenile justice system or experiencing difficulties at home or school. There, she spoke to a group of young girls about the Justice Department’s work to protect civil rights, efforts to advance equity for women and girls and her career in public service. She encouraged the girls to continue to strive for academic excellence and also toured the campus with Executive Director Chantell Miles and other program leadership.
Assistant Attorney General Clarke concluded her trip at Edward Waters University, the state of Florida’s first historically Black college. There, she and U.S Attorney Handberg met with President Dr. Zachary Faison Jr. and student leaders. She commended the school leadership, faculty, campus officers and the students for their resilience during the moments preceding the tragic Aug. 26 shooting at a nearby Dollar General store. Assistant Attorney General Clarke also detailed the department’s efforts to prosecute hate crimes through the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, and underscored efforts to promote prevention and education through the department’s United Against Hate initiative.
Assistant Attorney General Clarke and U.S. Attorney Handberg at a meeting with Jacksonville community leaders and stakeholders. Assistant Attorney General Clarke addressing students at the Pace Center for Girls. Assistant Attorney General Clarke and U.S. Attorney Handberg with students and faculty of Edward Waters University.Mexican National and Repeat Immigration Offender Sentenced to 30 Months in PrisonRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Ismael Blanco-Garcia (43, Mexico) to 30 months in federal prison for illegally re-entering the United States without authorization by federal immigration officials. Blanco-Garcia had pleaded guilty in June 2023.
According to court documents, on March 15, 2023, Blanco-Garcia was arrested in Collier County on state criminal charges and found to be present in the United States without legal authorization. Blanco-Garcia has previously been convicted on two occasions for illegal reentry to the United States after deportation, in 2016 and 2017, and has been deported from the United States to Mexico on three occasions.
This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ICE-ERO). It was prosecuted by Assistant United States Attorney Patrick L. Darcey.
Kissimmee Man Sentenced to 10 Years in Federal Prison for Attempting to Entice and Meet A 13-Year-Old Child to Engage in Sexual ActivityRead the Press Release
Orlando, Florida – United States District Judge Carlos E. Mendoza has sentenced Gabriel Almenas Carrasquillo (35, Kissimmee) to 10 years in federal prison for attempting to entice a 13-year-old child to engage in sexual activity. Almenas was also ordered to serve a 10-year term of supervised release, register as a sex offender, and forfeit his cellphone. A federal jury had found Almenas guilty on July 12, 2023, and he has been in custody since the return of the guilty verdict.
According to evidence and testimony admitted during the three-day trial, on August 11, 2022, an undercover agent (UC) with the Metropolitan Bureau of Investigation in Orlando was posing as a 13-year-old child on a social media application (app) in an effort to identify individuals who were seeking to sexually exploit children. Almenas initiated an online conversation with the UC, typing “You r really beautiful.” When Almenas asked if “he” was 18, the UC advised that “he” was “a little younger,” and stated, “I’ll be fourteen in a few months …” Almenas responded, “Oh wow you look really quite develop,” and “… I’m down to keep getting to know you more …” The two discussed meeting and Almenas confirmed that the “child” would be alone without adult supervision for that entire evening. At Almenas’s suggestion, their online conversation moved to another social media app. Almenas then described the sexual acts that he wanted to perform on the “child,” and he sent the UC a video depicting Almenas’s genitalia. Almenas drove to an agreed-upon location in Orlando where he believed that the “child” was staying and was arrested. In an interview, Almenas stated, among other things, that he knew that the “child” was underage when he came to meet “him,” and acknowledged that he was arrested because he “tried to have sex with somebody that was not legal age.” Almenas also admitted that he brought the lubricant found in his backpack to use during sexual acts with the “child.”
This case was investigated by the Metropolitan Bureau of Investigation and the Federal Bureau of Investigation in Orlando. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.