Middle District of Florida

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.  

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.

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.

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.

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.   

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.

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, 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.

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.

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, 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.

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. 

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).

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. 

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 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. 

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, 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.

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.

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.

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.

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.

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, 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.

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.

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.

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.

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.

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.

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.

Tampa, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Javier Monserrate Vazquez (46, Wesley Chapel) guilty of conspiracy to distribute 500 grams or more of cocaine, conspiracy to commit money laundering, conspiracy against the United States, obstruction of justice, witness tampering, suborning perjury, and contempt. He faces a maximum sentence of 100 years’ imprisonment. His sentencing hearing is scheduled for January 11, 2024.

Monserrate Vazquez was indicted on December 12, 2018. On April 20, 2021, he was arrested again while on pretrial release and awaiting trial for witness tampering and was subsequently detained.

According to evidence presented at trial, Monserrate Vazquez was a supplier of cocaine in Pasco County. The drugs were received through the mail from Puerto Rico. Coconspirators would receive the packages for further distribution. In October 2018, agents discovered a package containing two kilograms of cocaine addressed to one of Monserrate Vazquez’s coconspirators. In a controlled delivery, a third coconspirator picked up the package and a search of his cellphone showed that Monserrate Vazquez had coordinated the pickup. In June 2018, Monserrate Vazquez also delivered more than $171,000 in cash to an undercover agent for the purpose of laundering the funds to Colombia through the Black Market Peso Exchange.

In the summer of 2018, agents obtained recordings of Monserrate Vazquez threatening to kill an associate over an unpaid drug debt. The threats included claims that Monserrate Vazquez would burn the associate alive, cut off his head, and chop off his hands. In the spring of 2020, Monserrate Vazquez induced two people – including the person he threatened to kill – to sign affidavits claiming that Monserrate Vazquez had no involvement in drug trafficking. One of these affidavits was then relied on in court filings to exclude evidence and accuse the agents of misconduct. Monserrate Vazquez kept in contact with potential witnesses against him through an encrypted phone application and a contraband cellphone, as well as aided a witness in leaving Tampa while trial was pending to avoid a subpoena to testify. He also paid as much as $10,000 for the attorney of his codefendant in exchange for his silence.

This operation is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by the Drug Enforcement Administration, Internal Revenue Service, U.S. Postal Inspection Service, and the Pasco Sheriff’s Office, with assistance from the Tampa Police Department and the Largo 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 is being prosecuted by Assistant United States Attorneys Dan Baeza and Diego Novaes.

Jacksonville, FL – United States Attorney Roger B. Handberg announces that Diandre Murel (29, Jacksonville Beach) has pleaded guilty to conspiracy to distribute over 500 grams of cocaine. Murel faces a minimum mandatory sentence of 5 years, and up to 40 years, in federal prison. A sentencing date has not yet been set.

According to the court documents, Murel and another individual were investigated by the Drug Enforcement Administration for distributing cocaine in the Jacksonville Beach area. As part of the investigation, DEA agents tracked Murel to Atlanta where he purchased almost a kilo of cocaine. Murel was stopped in Baker County on his way back from Atlanta. Deputies from the Baker County Sheriff’s Office searched Murel’s car and located the cocaine. DEA agents and officers from the Jacksonville Beach Police Department then executed a search warrant at the condominium where Murel was renting a room. Law enforcement recovered additional cocaine, three firearms, and more than 100 rounds of ammunition from inside Murel’s room. As part of his plea agreement, Murel has agreed to forfeit the firearms and ammunition seized by law enforcement.           

This case was investigated by the Clay County Sheriff’s Office, the Baker County Sheriff’s Office, the Jacksonville Beach Police Department, and the Drug Enforcement Administration. The State Attorney’s Office for the Eighth Judicial Circuit also provided assistance with the investigation. The case is being prosecuted by Assistant United States Attorney Frank Talbot. The forfeiture was handled by Assistant United States Attorney Mai Tran.  

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Aaron Thompson (43, Raiford) to three years and five months in federal prison for mailing interstate threats. Thompson, who is currently serving a 30-year state sentence for kidnapping, was ordered to serve his federal and state sentences consecutively. The court also ordered Thompson to serve three years of supervised release and have no contact with the victims of his offense or any judges in the 2nd District Court of Appeals in Florida. Thompson had pleaded guilty on July 28, 2023.

According to court documents, in 2004 in Sarasota County, Thompson was convicted at trial of aggravated battery, kidnapping, robbery, and aggravated assault. He was sentenced to 30 years in prison. While incarcerated at the Union Correctional Institute in Raiford, Thompson hand-wrote various letters that included death threats and white supremacy statements. Thompson mailed the letters from the correctional institution directly to sitting judges on the Second District Court of Appeals in Lakeland.

Thompson specifically referenced committing acts of violence upon the completion of his state sentence in 2034. For example, he wrote:

“I AM AN EXPERT WITH THE NRA GUNS, ESPECIALLY WITH A SCOPE. YOU WENT BEYOND ANY RESPECT FOR MY SERVICE RECORD TO SLOW THIS DOWN, XXXX YOU! AND-I’M VERY CLOSE, 2034 TO ERADICATE YOUR WHOLE FAMILY”

“I WILL EXECUTE YOUR WHOLE FAMILY PERSONALLY IN 2034. I WOULD LIKE TO DO WHAT MOST JUDGES EXPERIENCE IN 3RD WORLD CIVILIZATION.”

“Those who devote their career to service and the American system of justice should not be subjected to threats of violence, especially through the U.S. Mail,” said Juan Vargas, Inspector in Charge, U.S. Postal Inspection Service, Miami Division. “The U.S. Postal Inspection Service is proud of its work with the U.S. Attorney’s Office in this case. The conviction and sentence demonstrate our society will not tolerate efforts to erode the rule of law.” 

This case was investigated by the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Erin Claire Favorit.

Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Michael VanNess, Jr. (Clermont, 39) to 80 years in federal prison, followed by a lifetime of supervised release, for production and distribution of child sex abuse material. The court also ordered VanNess, Jr. to forfeit a cellphone, which was used to commit the offense. VanNess, Jr. had pleaded guilty on July 21, 2023.

According to court documents, the investigation began when VanNess, Jr. uploaded child sex abuse material involving young children to a social media group. Subsequently, a search warrant was executed on his phone. Evidence recovered from the phone showed that VanNess, Jr. had sexually abused a 14-year-old victim over a seven-month span. VanNess, Jr. recorded the sexual abuse and threatened the child victim to ensure his illegal conduct remained a secret.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Courtney D. Richardson-Jones and Shannon Laurie.

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

Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Denis Casseus (44, Cape Coral) to two years in federal prison for bank fraud and an illegal monetary transaction. As part of his sentence, the court also entered an order of forfeiture in the amount of $298,875, the proceeds of the bank fraud. Casseus had pleaded guilty on May 23, 2023.

According to court documents, between February 22 and March 4, 2021, Casseus submitted two fraudulent Paycheck Protection Program (PPP) applications to a financial institution federally insured by the Federal Deposit Insurance Corporation (FDIC) with branches in Lee County. In each application, Casseus falsely represented that the PPP funds would be used only for business-related purposes, as specified in the loan applications. Casseus falsely represented and certified that the PPP funds acquired from the requested loans would be used to retain workers and maintain payroll or make mortgage payments, lease payments, and utility payments on behalf of his purported businesses. In total, Casseus’s false and fraudulent representations caused the financial institution to approve and fund a total of $298,875 in PPP loans for his businesses. 

On March 4, 2021, Casseus made a wire payment of $110,000 to a title company for the purchase of a residence in Cape Coral. That money was an illegal monetary transaction as Casseus used more than $10,000 in the PPP loan funds towards the purchase of his residence.   

In March of 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted as a federal law, designed to provide emergency financial assistance to the millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of forgivable loans to small businesses for job retention and certain other expenses, through a program referred to as the Paycheck Protection Program (PPP).

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. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

This case was investigated by the United States Secret Service. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.

Fort Myers, Florida – United States District Judge Sheri Polster Chappell has sentenced Brandon Albanito (37, Cape Coral) to 21 years and 10 months in federal prison for possession of a controlled substance (fentanyl) with the intent to distribute it, possessing counterfeit drugs for sale, possessing equipment used to manufacture counterfeit drugs, possessing a firearm as a convicted felon, and bank fraud. The court also ordered Albanito to pay a $500,000 fine, forfeit $97,146 to the United States, and make full restitution to a victim of his bank fraud. Albanito had pleaded guilty in June 2023.

According to court documents, in 2016, agents with the Food and Drug Administration—Office of Criminal Investigations (FDA-OCI) began investigating a series of packages destined for Cape Coral and North Fort Myers residences that had been intercepted from the mail stream. The packages contained prescription drugs (in bulk powder form, like sildenafil, commonly known as “Viagra”), drug precursors (such as tryptamine, a substance used in the manufacture of hallucinogens), and controlled substances (including methamphetamine). Ultimately, the investigation revealed that each of the addresses was associated in some way with Albanito. 

To determine how Albanito might be connected to the seized packages, the United States Secret Service (USSS) initiated a financial investigation into Albanito.   Amongst other things, the investigation revealed an array of bank, crypto, and gambling accounts controlled by Albanito. The accounts showed suspicious history of purchases from companies based in China and frequent transfers of money, consistent with money laundering techniques employed by criminals.

Additionally, federal investigators linked together other pieces of evidence demonstrating that Albanito was running a large-scale drug manufacturing operation. For instance, in January 2021, Albanito’s former federal cellmate was stopped by the Florida Highway Patrol in Alachua County. The vehicle contained a package of cocaine as well as parts for a pill press (i.e. a machine used to compress materials into a pill form). Ultimately, federal investigators determined that the cocaine and press had been destined for Albanito’s Cape Coral home.

In January 2023, the USSS, FDA-OCI, and the Cape Coral Police Department executed a search warrant at Albanito’s home. Almost immediately upon entry, law enforcement found a large, commercial-grade pill press in the garage and hundreds of counterfeit oxycodone pills on a nearby shelf. The counterfeit pills, which appeared identical to prescription oxycodone pills, were found by the FDA to contain fentanyl. Law enforcement also found a found a five-gallon bucket containing more than 40,000 counterfeit Xanax pills (which actually contained the designer drug clonazolam), a five-gallon bucket containing approximately 20 pounds of pill binding agent, pill dies (i.e. tooling used by a pill press to create pills), and two firearms within the residence. DNA testing arranged by the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted on the seized firearms demonstrated that Albanito had possessed them, which he was prohibited from doing because he was a convicted felon.

Law enforcement also gathered other items and information from his residence demonstrating that, in 2021, Albanito had defrauded an online bank out of nearly $100,000, making lavish purchases with the proceeds, including a luxury vehicle and a luxury watch. 

This case was investigated by the Food and Drug Administration – Office of Criminal Investigations, the United States Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Cape Coral Police Department, with assistance from the United States Postal Inspection Service, Homeland Security Investigation, the Drug Enforcement Administration, the Florida Highway Patrol, and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael V. Leeman.

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Manuel Alfredo Dickerson Copland (30, Fort Myers) to 26 years and 10 months in federal prison for possession with the intent to distribute 40 grams or more of fentanyl, possession of a firearm in furtherance of a drug trafficking crime, possession of MDMA, possession of oxycodone, and attempted possession with the intent to distribute 500 grams or more of methamphetamine. The court also ordered Copland to forfeit firearms, ammunition, and a vehicle, which were used to facilitate the offenses. A federal jury had found Copland guilty on July 21, 2023.

According to testimony and evidence presented at trial, on December 30, 2021, Copland was stopped in his vehicle by members of the Lee County Sheriff’s Office Tactical Narcotics Team. Detectives recovered nearly 1,500 fentanyl pills, MDMA, oxycodone, and three firearms from Copland’s truck. Forensic evidence linked Copland to the drugs and firearms found in the vehicle. During the subsequent investigation, information was obtained that revealed Copland was associated with mail packages that were believed to contain drugs that were being shipped to him in the Fort Myers area. As a result, the investigation identified a package containing approximately four pounds of methamphetamine sent through the U.S. Mail from California. The package was seized by the United States Postal Inspection Service. The intercepted package containing methamphetamine was linked to Copland. 

This case was investigated by the FBI, the U.S. Postal Inspection Service, and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Mark R. Morgan and Patrick L. Darcey.

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.

Tampa, FL - October marks the observance of Domestic Violence Awareness Month (DVAM). United States Attorney Roger B. Handberg joins the U.S. Department of Justice in commemorating DVAM, paying tribute to victims and survivors, and saluting the dedication of advocates, service providers, justice professionals, law enforcement officers, and first responders who tirelessly work in support of survivors.

“Domestic violence is harmful to individuals, families, and communities,” said U.S. Attorney Handberg. “We want our community to know that we are here to support victims and survivors in the Middle District of Florida – not just in October, but every month. We will continue to work with our federal, state, and local law enforcement partners to address the systemic problem that is domestic violence.”

Domestic violence, dating violence, and intimate partner violence can have long-lasting impacts and consequences. Approximately one in four women and one in seven men will experience severe domestic violence in their lifetimes; however, rates are disproportionately higher for American Indian and Alaska Native populations, including women of Color, lesbian, gay, bisexual, transgender, queer, intersex, and two-spirit people, and people with disabilities. DVAM provides an opportunity to spread awareness about domestic violence and encourage everyone to play a role in ending gender-based violence.

Tampa, Florida – U.S. District Judge Mary Scriven has sentenced Illya Frederick Plavljanich II (36, Lakeland) to 15 years and 6 months in federal prison, followed by a lifetime of supervised release, for production, distribution, and possession of child sexual abuse material. He is also required to register as a sex offender. Plavljanich had pleaded guilty on July 26, 2023.

According to court documents, in August 2018, using a social media application, Plavljanich distributed two videos of children being sexually abused. In May 2022, Plavljanich coerced and enticed a minor into producing an image of child sexual abuse material, which he then shared over the internet. Law enforcement searched Plavljanich’s cellphone and found approximately 1,271 images and 536 videos of child sexual abuse material.

“Arresting predators like Plavljianich and holding them accountable for victimizing children will always be a focus of our HSI special agents,” said HSI Tampa Assistant Special Agent in Charge Kristopher Pagitt. “Alongside our partners at the U.S. Attorney’s Office for the Middle District of Florida, we vow to continue protecting our most vulnerable from becoming lifetime victims.”

This case was investigated by Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Ilyssa M. Spergel.

This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.

The Justice Department announced today that its Combating Redlining Initiative has secured over $107 million in relief for communities of color nationwide that have experienced lending discrimination by banks or other mortgage lending businesses. As a part of the $107 million, the Department also announced a $9 million agreement with Ameris Bank to resolve allegations that Ameris engaged in a pattern or practice of redlining predominately Black and Hispanic neighborhoods in Jacksonville, Florida. Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in or seeking to live in, communities of color because of the race, color, or national origin of the residents in those communities.

“As today’s case makes clear, redlining is not just a relic of the past,” said Attorney General Merrick B. Garland. “That is why, two years ago this month, the Justice Department launched our Combating Redlining Initiative, and once today’s settlement is approved, that Initiative will have secured more than $100 million for communities across the country that have been harmed by discriminatory lending practices. This work is just the beginning – the Justice Department currently has over two dozen active investigations into redlining, spanning neighborhoods across the country.”

In October 2021, Attorney General Garland announced the Combating Redlining Initiative, the Department’s most aggressive coordinated enforcement effort to address redlining. The Department has partnered with U.S. Attorneys’ Offices, federal financial regulatory agencies, including the Consumer Financial Protection Bureau, and state Attorneys General offices to enforce federal fair lending laws that prohibit redlining, including the Fair Housing Act and the Equal Credit Opportunity Act. Since 2021, the Department has secured 10 settlement agreements with banks and mortgage lending institutions to provide credit opportunities to communities of color in Houston, Memphis, Philadelphia, Camden, Wilmington, Newark, Los Angeles, Columbus, Tulsa, Rhode Island, and now Jacksonville. These agreements have provided millions of dollars to redlined communities and have helped to make homeownership a reality for families of color who have been unfairly denied access to credit. 

Ameris Bank Settlement

The resolution with Ameris Bank was filed today in the U.S. District Court for the Middle District of Florida, along with the Department’s complaint, and is subject to court approval. The Department’s complaint alleges that, from 2016 through 2021, Ameris Bank avoided providing mortgage services to majority-Black and Hispanic neighborhoods in Jacksonville and discouraged people seeking credit in those communities from obtaining home loans. Ameris’ home mortgage lending was focused disproportionately on white areas of Jacksonville while other lenders generated applications in majority-Black and Hispanic neighborhoods at three times the rate of Ameris. Although Ameris operates 18 branches in Jacksonville, Ameris has never operated a branch in a majority-Black and Hispanic neighborhood in the city.

The neighborhoods that the Department alleges Ameris redlined in Jacksonville are some of the same neighborhoods that were first redlined by Home Ownership Loan Corporation maps in the 1930s.

“Combating modern day redlining is one of the most important strategies for ensuring equal economic opportunity today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By taking on the discriminatory lending practices of banks and mortgage companies, we are helping to ensure that more Black, Hispanic, and other communities of color are able to buy a home, generate wealth, and fulfill the American Dream. This settlement marks a new pinnacle in our efforts to bring an end to redlining and provides tangible relief to communities that have been starved of access to credit for far too long.”

“For far too long, redlining has negatively impacted communities of color across our country,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “Today’s agreement with Ameris Bank represents the first redlining case brought by the Department of Justice in the state of Florida and signals a step forward for Black and Hispanic communities in Jacksonville that were previously denied access to economic resources for generations. This settlement means that Ameris Bank will provide financial remedies to Jacksonville’s underserved communities, and it demonstrates our commitment to guaranteeing equal access to housing and credit resources for all Americans.” 

Under the proposed consent order, which is subject to court approval, Ameris Bank will invest $9 million to increase credit opportunities for communities of color in Jacksonville. Specifically, Ameris will:

• Invest $7.5 million in a loan subsidy fund that will be made available to residents of majority-Black and Hispanic neighborhoods and those seeking credit in those communities.

• Invest $900,000 for advertising and outreach targeted toward the residents of these neighborhoods.

• Invest $600,000 to develop community partnerships to provide services that increase access to residential mortgage credit.

• Open a new branch in a majority-Black and Hispanic neighborhood in Jacksonville.

• Ensure that at least three mortgage loan officers are dedicated to serving majority-Black and Hispanic neighborhoods.

• Retain a consultant to assess the bank’s compliance management system as it pertains to redlining risk.

• Employ a full-time Director of Community Lending who will oversee the continued development of lending in majority-Black and Hispanic neighborhoods in Jacksonville.

Ameris is working cooperatively with the Department to address the credit needs of residents in majority-Black and Hispanic neighborhoods in Jacksonville. Beyond the agreement, Ameris has committed to expanding its lending services across its markets to underserved communities.

Additional information about the Department’s fair lending enforcement can be found at www.justice.gov/crt/fair-lending-program-0. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291, or submitting a report online.

View the complaint here.

The Justice Department announced today that its Combating Redlining Initiative has secured over $107 million in relief for communities of color nationwide that have experienced lending discrimination by banks or other mortgage lending businesses. As a part of the $107 million, the Department also announced a $9 million agreement with Ameris Bank to resolve allegations that Ameris engaged in a pattern or practice of redlining predominately Black and Hispanic neighborhoods in Jacksonville, Florida. Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in or seeking to live in, communities of color because of the race, color, or national origin of the residents in those communities.

“As today’s case makes clear, redlining is not just a relic of the past,” said Attorney General Merrick B. Garland. “That is why, two years ago this month, the Justice Department launched our Combating Redlining Initiative, and once today’s settlement is approved, that Initiative will have secured more than $100 million for communities across the country that have been harmed by discriminatory lending practices. This work is just the beginning – the Justice Department currently has over two dozen active investigations into redlining, spanning neighborhoods across the country.”

In October 2021, Attorney General Garland announced the Combating Redlining Initiative, the Department’s most aggressive coordinated enforcement effort to address redlining. The Department has partnered with U.S. Attorneys’ Offices, federal financial regulatory agencies, including the Consumer Financial Protection Bureau, and state Attorneys General offices to enforce federal fair lending laws that prohibit redlining, including the Fair Housing Act and the Equal Credit Opportunity Act. Since 2021, the Department has secured 10 settlement agreements with banks and mortgage lending institutions to provide credit opportunities to communities of color in Houston, Memphis, Philadelphia, Camden, Wilmington, Newark, Los Angeles, Columbus, Tulsa, Rhode Island, and now Jacksonville. These agreements have provided millions of dollars to redlined communities and have helped to make homeownership a reality for families of color who have been unfairly denied access to credit. 

Ameris Bank Settlement

The resolution with Ameris Bank was filed today in the U.S. District Court for the Middle District of Florida, along with the Department’s complaint, and is subject to court approval. The Department’s complaint alleges that, from 2016 through 2021, Ameris Bank avoided providing mortgage services to majority-Black and Hispanic neighborhoods in Jacksonville and discouraged people seeking credit in those communities from obtaining home loans. Ameris’ home mortgage lending was focused disproportionately on white areas of Jacksonville while other lenders generated applications in majority-Black and Hispanic neighborhoods at three times the rate of Ameris. Although Ameris operates 18 branches in Jacksonville, Ameris has never operated a branch in a majority-Black and Hispanic neighborhood in the city.

The neighborhoods that the Department alleges Ameris redlined in Jacksonville are some of the same neighborhoods that were first redlined by Home Ownership Loan Corporation maps in the 1930s.

“Combating modern day redlining is one of the most important strategies for ensuring equal economic opportunity today,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By taking on the discriminatory lending practices of banks and mortgage companies, we are helping to ensure that more Black, Hispanic, and other communities of color are able to buy a home, generate wealth, and fulfill the American Dream. This settlement marks a new pinnacle in our efforts to bring an end to redlining and provides tangible relief to communities that have been starved of access to credit for far too long.”

“For far too long, redlining has negatively impacted communities of color across our country,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “Today’s agreement with Ameris Bank represents the first redlining case brought by the Department of Justice in the state of Florida and signals a step forward for Black and Hispanic communities in Jacksonville that were previously denied access to economic resources for generations. This settlement means that Ameris Bank will provide financial remedies to Jacksonville’s underserved communities, and it demonstrates our commitment to guaranteeing equal access to housing and credit resources for all Americans.” 

Under the proposed consent order, which is subject to court approval, Ameris Bank will invest $9 million to increase credit opportunities for communities of color in Jacksonville. Specifically, Ameris will:

• Invest $7.5 million in a loan subsidy fund that will be made available to residents of majority-Black and Hispanic neighborhoods and those seeking credit in those communities.

• Invest $900,000 for advertising and outreach targeted toward the residents of these neighborhoods.

• Invest $600,000 to develop community partnerships to provide services that increase access to residential mortgage credit.

• Open a new branch in a majority-Black and Hispanic neighborhood in Jacksonville.

• Ensure that at least three mortgage loan officers are dedicated to serving majority-Black and Hispanic neighborhoods.

• Retain a consultant to assess the bank’s compliance management system as it pertains to redlining risk.

• Employ a full-time Director of Community Lending who will oversee the continued development of lending in majority-Black and Hispanic neighborhoods in Jacksonville.

Ameris is working cooperatively with the Department to address the credit needs of residents in majority-Black and Hispanic neighborhoods in Jacksonville. Beyond the agreement, Ameris has committed to expanding its lending services across its markets to underserved communities.

Additional information about the Department’s fair lending enforcement can be found at www.justice.gov/crt/fair-lending-program-0. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291, or submitting a report online.

View the complaint here.

View the consent order here.

View Exhibit A here.

View Exhibit B here. 

View Exhibit C here. 

View Exhibit D here. 

View Exhibit E here. 

El Departamento de Justicia anunció hoy que su Iniciativa para Combatir la Exclusión Financiera ha obtenido más de $107 millones de ayuda para comunidades de color por todo el país que han sido discriminadas por parte de bancos u otras empresas de préstamos hipotecarios. Como parte de los $107 millones, el Departamento también anunció un acuerdo de $9 millones con Ameris Bank para resolver las alegaciones de que Ameris incurrió en un patrón o una práctica de exclusión financiera en barrios predominantemente negros e hispanos en Jacksonville, Florida. La exclusión financiera es una práctica ilícita en la que los prestamistas evitan la provisión de servicios crediticios a individuos que viven en comunidades de color por motivos de la raza, el color de piel o el origen nacional de los residentes de esas comunidades.

“Como deja claro el caso de hoy, la exclusión financiera no es solo una reliquia del pasado”, comentó el Fiscal General Merrick B. Garland. “Por eso, este mes celebramos el segundo aniversario del lanzamiento por parte del Departamento de Justicia de la Iniciativa para Combatir la Exclusión Financiera y, una vez que se apruebe el acuerdo de hoy, esa Iniciativa habrá obtenido más de $100 millones para comunidades por todo el país que han sido perjudicadas por prácticas de préstamos discriminatorias. Este trabajo es solo el principio: el Departamento de Justicia actualmente tiene más de veinte investigaciones activas sobre la exclusión financiera que abarcan barrios por todo el país”.

En octubre del 2021, el Fiscal General Garland anunció la Iniciativa para Combatir la Exclusión Financiera, el esfuerzo de ejecución coordinado más agresivo del Departamento para abordar la exclusión financiera. El Departamento ha colaborado con Fiscalías Federales, agencias reguladoras financieras federales, incluida la Oficina para la Protección Financiera del Consumidor, y fiscales generales estatales para hacer cumplir las leyes federales de préstamos justos que prohíben la exclusión financiera, incluyendo la ley de Vivienda Justa y la ley de Igualdad de Oportunidades Crediticios. Desde el año 2021, el Departamento ha logrado 10 acuerdos conciliatorios con bancos e instituciones de préstamos hipotecarios para proporcionar oportunidades crediticios a comunidades de color en Houston, Memphis, Philadelphia, Camden, Wilmington, Newark, Los Angeles, Columbus, Tulsa, Rhode Island y ahora Jacksonville. Estos acuerdos han proporcionado millones de dólares a comunidades que han sido víctimas de la exclusión financiera y han ayudado a hacer que el sueño de ser propietario de una casa sea una realidad para las familias de color a las que se les ha denegado, de forma injusta, el acceso al crédito. 

Acuerdo con Ameris Bank

La resolución con Ameris Bank se presentó hoy en el Tribunal Federal de Distrito para el Distrito Centro de Florida, junto con la queja del Departamento, y queda sujeta a la aprobación del tribunal. La queja del Departamento alega que, del 2016 hasta el 2021, Ameris Bank evitó la provisión de servicios hipotecarios en barrios de mayoría negra e hispana en Jacksonville y desalentaba a las personas que buscaban crédito en esas comunidades de obtener préstamos hipotecarios. Los préstamos hipotecarios de Ameris se centraron, de manera desproporcionada, en áreas blancas de Jacksonville, mientras que otros prestamistas generaron solicitudes en barrios de mayoría negra e hispana a un ritmo tres veces superior a Ameris. Aunque Ameris opera 18 sucursales en Jacksonville, Ameris nunca ha operado una sucursal en un barrio de mayoría negra e hispana en la ciudad.

Los barrios en los que el Departamento alega que Ameris practicó la exclusión financiera en Jacksonville son algunos de los mismos barrios que fueron víctimas de la exclusión financiera por primera vez en los mapas de la Home Ownership Loan Corporation [Corporación de Préstamos para Propietarios] en los años 1930.

“La lucha contra la exclusión financiera contemporánea es una de las estrategias más importantes para garantizar la igualdad de oportunidades económicas hoy en día”, comentó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. “Al enfrentarse a las prácticas discriminatorias de préstamos de bancos y compañías hipotecarias, estamos ayudando a asegurar que más comunidades negras, hispanas y otras comunidades de color puedan comprar una casa, generar riqueza y alcanzar el sueño americano. Este acuerdo marca una nueva cumbre en nuestros esfuerzos por poner fin a la exclusión financiera y proporciona un alivio tangible a las comunidades que han estado privadas de acceso al crédito durante demasiado tiempo”.

“Durante demasiado tiempo, la exclusión financiera ha tenido un impacto negativo en las comunidades de color por todo nuestro país”, dijo el Fiscal Federal Roger B. Handberg para el Distrito Centro de Florida. “El acuerdo de hoy con Ameris Bank representa el primer caso de exclusión financiera presentado por el Departamento de Justicia en el estado de Florida y señala un paso adelante para las comunidades negras e hispanas en Jacksonville a las que, durante generaciones, se les había denegado el acceso a recursos económicos. Este acuerdo significa que Ameris Bank proporcionará recursos financieros a las comunidades desatendidas de Jacksonville y demuestra nuestro compromiso de garantizar un acceso igualitario a la vivienda y los recursos crediticios para todos los estadounidenses”. 

En virtud de la orden de consentimiento propuesta, que queda sujeta a la aprobación del tribunal, Ameris Bank invertirá $9 millones para aumentar las oportunidades crediticias para las comunidades de color en Jacksonville. En concreto, Ameris:

• Invertirá $7.5 millones en un fondo de subsidios para préstamos que se pondrá a disposición de los residentes de barrios de mayoría negra e hispana y de aquellos que buscan crédito en esas comunidades.
• Invertirá $900,000 en publicidad y proyección dirigidas a los residentes de estos barrios.
• Invertirá $600,000 para desarrollar asociaciones comunitarias para proporcionar servicios que aumenten el acceso al crédito hipotecario residencial.
• Abrirá una nueva sucursal en un barrio de mayoría negra e hispana en Jacksonville.
• Asegurará que al menos tres agentes de crédito hipotecario estén dedicados a servir a barrios de mayoría negra e hispana.
• Contratará a un asesor para que evalúe el sistema de gestión de cumplimiento del banco en lo que se refiere al riesgo de la exclusión financiera.
• Empleará a un Director de Préstamos Comunitarios a tiempo completo que supervisará el desarrollo continuo de préstamos en barrios de mayoría negra e hispana en Jacksonville.

Ameris está trabajando en cooperación con el Departamento para abordar las necesidades crediticias de los residentes de barrios de mayoría negra e hispana en Jacksonville. Más allá del acuerdo, Ameris se ha comprometido a expandir sus servicios crediticios en todos sus mercados a comunidades desatendidas.

Puede encontrar información adicional sobre la aplicación de las leyes de préstamos justos del Departamento en www.justice.gov/crt/fair-lending-program-0. Para informarnos de incidentes de discriminación en el ámbito crediticio, llame a la línea informativa del Departamento de Justicia para discriminación en la vivienda al 1‑833‑591‑0291 o entregue un informe en línea.

Vea la queja aquí.

Vea la orden de consentimiento aquí. 

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Michael Remaley (22, Winter Garden) to 40 years in federal prison for the production and receipt of child sex abuse material. Remaley had pleaded guilty on July 18, 2023.

According to court documents, over the course of a two-week span, Remaley used the application Snapchat to entice a 14-year-old girl to send him sexually explicit videos of herself. Remaley also shared with a second Snapchat user several media files depicting child sex abuse material, including a video of a female child between the ages of five and eight years old being sexually abused.

“Removing predators like Remaley from society and away from victimizing young children will always be a focus of our HSI special agents,” said HSI Orlando Assistant Special Agent in Charge David Pezzutti. “This significant sentence is a testament to our partnership with the U.S. Attorney’s Office for the Middle District of Florida. Together, we’ll continue to protect our most vulnerable from becoming lifetime victims.”

This case was investigated by Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Stephanie A. McNeff.

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

Tampa, Florida – United States Attorney Roger B. Handberg announces that Nicholas Quinton Hanson (31, Lakeland) and Marcus Dewonn Mobley, Jr. (23, Lakeland) have pleaded guilty to possessing ammunition, and possessing a firearm and ammunition, respectively, as convicted felons. Each faces a maximum penalty of 15 years in federal prison. Sentencing dates have not yet been set.

According to the plea agreements, on January 30, 2023, 11 individuals were shot in a drive-by shooting carried out from a blue Nissan Altima near Iowa Avenue and Plum Street in Lakeland. Mobley owned a blue Nissan Altima. Evidence collected from Hanson and Mobley’s cellphones showed they communicated prior to, and after, the shooting. Hanson and Mobley’s DNA was recovered from spent shell casings found at the scene of the shooting. At the time, Hanson and Mobley both had prior felony convictions and therefore prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Strategic Pattern Armed Robbery Technical Apprehension (SPARTA) unit of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Florida Department of Law Enforcement, the Lakeland Police Department, the Polk County Sheriff’s Office, and the State Attorney’s Office for Florida’s 10th Judicial Circuit. It is being prosecuted by Assistant United States Attorney Christopher F. Murray.

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.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Carvia Harris (35, Tampa) to two years in federal prison for possessing a firearm and ammunition as a convicted felon. Harris had pleaded guilty on May 9, 2023.

According to court documents, Harris, a multi-time convicted felon, fled from a traffic stop involving a stolen car in Hillsborough County. The vehicle was driven by a known fentanyl trafficker, Randell Love, who later pleaded guilty to federal armed fentanyl trafficking charges arising from a separate incident. Deputies from the Hillsborough County Sheriff’s Office recovered a loaded .40 caliber pistol with an obliterated serial number from a bag inside the car. A crime scene technician processed the firearm and magazine for fingerprints. A print on the magazine was comparable and came back as a match to Harris. As a convicted felon, Harris is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Federal Bureau of Investigation and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Christopher F. Murray.

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.

Tampa, Florida – United States Attorney Roger B. Handberg, along with Special Agent in Charge Kareem Carter of the IRS - Criminal Investigation Washington DC Field Office, and Special Agent in Charge David Walker of the FBI - Tampa Division, announces today the extradition and removal from the United Kingdom of Sandu Diaconu (31, Moldova) for crimes related to his administration of the E-Root Marketplace, a website that operated for years and was used to sell access to compromised computers worldwide, including servers belonging to companies and individuals in the United States. Diaconu had his initial appearance and arraignment before United States Magistrate Judge Thomas G. Wilson on October 16, 2023.

According to the indictment, Diaconu has been charged (along with a sealed co-defendant) with conspiracy to commit access device and computer fraud, wire fraud conspiracy, money laundering conspiracy, access device fraud, and computer fraud. If convicted on all counts, Diaconu faces a maximum penalty of 20 years in federal prison. The indictment also notifies Diaconu that the United States is seeking an order of forfeiture relating to the proceeds of and used in the charged criminal conduct.

Seizure orders were executed against the domain names of the E-Root Marketplace and a public takedown notice was issued at the end of 2020. Diaconu was arrested while attempting to leave the United Kingdom in May 2021. In September 2023, after Diaconu consented, the Westminster Magistrates’ Court ordered Diaconu to be extradited to the United States to face the outstanding charges.

According to court documents, the E-Root Marketplace operated across a widely distributed network and took steps to hide the identities of its administrators, buyers, and sellers. Buyers could search for compromised computer credentials on E-Root, such as RDP and SSH access, by desired criteria such as price, geographic location, internet service provider, and operating system. The Marketplace also used Perfect Money, an online payment system, to help conceal buyers’ payments. It also offered its illicit cryptocurrency exchange service for the purpose of converting Bitcoin to Perfect Money and vice-versa. This exchange was also seized.

Based on evidence obtained during the investigation, authorities believe that more than 350,000 compromised computer credentials were listed for sale on the Marketplace. The victims span the globe and all industries, including a variety of businesses and firms, as well as at least one local government agency in Tampa. Many victims were subject to ransomware attacks, and some of the stolen credentials listed on the Marketplace were linked to stolen identity tax fraud schemes.

The U.S. investigation was led by the IRS - CI Cyber Crimes Unit (Washington, D.C) and the FBI - Tampa Division. Substantial assistance was provided by the IRS-Criminal Investigation’s Tampa Field Office, the Department of Justice’s Office of International Affairs, IRS-CI and FBI International Operations at Mission UK, the United Kingdom’s National Extradition Unit, the United Kingdom’s Central Authority, and the United States Marshals Service, Tampa Field Office. The criminal investigation is being overseen by Assistant United States Attorneys Rachel Jones and Daniel Marcet. The asset forfeiture will be handled by Assistant United States Attorney Suzanne Nebesky.

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.

Orlando, FL – United States Attorney Roger B. Handberg announces today that Jena Medical Group, LLC, Benjamin Weiss, Moishe Hoffman, and Jason Schultz have agreed to pay the United States $1,724,986.08 to resolve allegations that they violated the False Claims Act by submitting claims to Medicare and TRICARE for radiofrequency ablations that were performed by an unqualified technician. 

According to the settlement agreement, Jena Medical, through its principals,  Benjamin Weiss, Moishe Hoffman, and through Dr. Jason Schutlz, billed Medicare and TRICARE for radiofrequency ablations that were not medically necessary, not provided by a qualified provider, or both, during the period from January 1, 2018, through December 31, 2020.  According to the allegations, patients referred to the unqualified technician as “doctor” and were led to believe he was qualified to perform their procedures. Jena Medical also permitted the washing and re-use of catheters that were designed for a single use. 

“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.”

“Allegations of health care providers billing our federal health care programs for unnecessary services is of deep concern, especially if such services could potentially cause harm to patients,” stated Acting Special Agent in Charge Julie Rivera of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working with our law enforcement partners, we will continue to protect the health of patients and the integrity of the federal health care programs serving them.”

“When actors within our health care system are focused on profit rather than patient care, it undermines the integrity of the medical decision-making process,” stated Special Agent in Charge Darrin K. Jones, DoD Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southeast Field Office. “ DCIS will continue to work with our investigative partners to protect the funding entrusted to the Defense Health Agency which serves our military members and their families.”

The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by Relator Michael Lomonaco, a Doctor of Nursing Practice and former employee of Jena Medical.  Dr. Lomonaco 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 over $300,000 of the proceeds from the settlement with the defendants.    

This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, the HHS Office of Inspector General, and the Defense Criminal Investigative Service. Assistant United States Attorney Jeremy R. Bloor 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 ex rel. Lomonaco v. Jena Medical Group, LLC et al., Case No. 6:20-cv-312-ORL-WWB. 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.

Orlando, Florida – U.S. Attorney Roger B. Handberg announces that Jeziah Guagno (23) has pleaded guilty to mailing threatening communications to a federal judge. Guagno faces a maximum penalty of 10 years in federal prison. A sentencing date has not been set.

According to court documents, in May 2021, a federal judge in the Middle District of Florida received a threatening letter from M.S.—an inmate at the Santa Rosa Correctional Institution. The letter included violent threats to murder the judge and his wife. When interviewed, M.S. denied making the threats. Guagno, however, was also serving time in the same Florida prison as M.S. A subsequent DNA and fingerprint analysis by the FBI determined that Guagno’s DNA was on the envelope and his palmprint was on the letter. Known handwriting samples from Guagno also matched the handwritten threats in the letter. Further investigation revealed that the federal judge who had been threatened in the letter previously had dismissed a civil case filed by Guagno.  

This case was investigated by the Federal Bureau of Investigation, the United States Marshals Service, and the Florida Department of Corrections. It is being prosecuted by Assistant United States Attorney Tyrie K. Boyer.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Kenneth Lorenzo Jackson (48, Del Rio) has pleaded guilty to possessing a firearm as a convicted felon. Jackson faces a minimum mandatory penalty of 15 years in federal prison under the Armed Career Criminal Act. A sentencing date has not yet been set.

According to the plea agreement, Jackson was indicted on September 7, 2022, in a separate federal case charging him with possessing ammunition as a convicted felon. Because of that indictment, Jackson was the subject of a federal arrest warrant. On October 18, 2022, officers from the Tampa Police Department were patrolling the Sulphur Springs neighborhood of Tampa when they encountered Jackson walking along the street. The officers were familiar with Jackson and were aware of his outstanding arrest warrant. When the officers arrested Jackson, they recovered a loaded firearm (Phoenix Arms HP22A .22 caliber pistol) that was tucked in the front waistband of his pants. The officers also found a crack rock in his pocket and a small quantity of MDMA. Jackson later admitted to possessing the firearm for two weeks for protection.

Jackson has multiple prior felony convictions for drug offenses and is therefore prohibited from carrying 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 is being prosecuted by Assistant United States Attorneys David W.A. Chee and Shauna S. Hale.

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.

Tampa, FL – U.S. District Judge Mary S. Scriven today sentenced Randell Alexander Love (48, Hillsborough County) to 25 years in federal prison for possession of fentanyl with the intent to distribute it and possession of a firearm in furtherance of a drug trafficking crime. The sentence consists of 20 years’ imprisonment on the fentanyl charge and a consecutive five-year sentence for the firearm offense. Love had pleaded guilty on July 31, 2023. 

According to court documents, Love was a prolific and violent fentanyl trafficker who carried a loaded firearm to conduct and protect his illicit drug business. Love used violence and intimidation to resolve disputes with his drug suppliers and customers, and to keep them in line. He harmed others to get his way.  For example, he punched a potential witness against him in the face, knocking her teeth out. The woman subsequently died of a fentanyl and heroin overdose. Love pistol-whipped one of his drug sources of supply and also battered a man with a metal pipe. Love trafficked enough fentanyl to kill 45,000 people.

During a traffic stop on October 5, 2021, deputies from the Hillsborough County Sheriff’s Office pulled over a car driven by Love, and subsequently found and seized nearly an ounce of fentanyl and a loaded 9mm handgun.

This case was investigated by the Federal Bureau of Investigation and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Christopher F. Murray.

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.