Middle District of Florida

Ocala, Florida –United States Attorney Roger B. Handberg announces the return of an indictment charging Brady Williams (27, Ocala) with possession of a firearm by a convicted felon. If convicted, Williams faces a maximum penalty of 15 years in federal prison. 

According to the indictment, on January 13, 2023, Williams knowingly possessed a Heritage Arms firearm. Williams is a nine-time convicted felon, including offenses of fleeing or attempting to elude law enforcement, grand theft of a motor vehicle, and owning or operating a chop shop. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Lake County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Sarah Janette Swartzberg.

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 – U.S. District Judge Brian J. Davis today sentenced Keenan Hunter (32, Jacksonville) to two years and three months in federal prison for his escape from custody from a halfway house in Jacksonville. Hunter had pleaded guilty on December 29, 2022.  

According to court documents, on October 29, 2018, Hunter was sentenced to five years’ imprisonment for being a felon in possession of a firearm. In August 2020, the Federal Bureau of Prisons placed Hunter in a halfway house, in Jacksonville, to complete his sentence. He had an estimated release date of February 5, 2021. 

On December 9, 2020, at 9:45 a.m., Hunter walked out of the halfway house without authorization. He was therefore listed as an escapee. Paperwork from the halfway house confirms that Hunter was informed of the rules of the halfway house, including that a failure to remain there could result in prosecution for escape. He also electronically signed a written acknowledgment. Hunter never returned to the halfway house.

This case was investigated by the United States Marshals Service. It was prosecuted by Assistant United States Attorney Ashley Washington.

 

Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Frederick Lamont Sams (41, Jacksonville) to seven years in federal prison for possessing a firearm by a convicted felon. Sams had pleaded guilty in December 2022.

According to court documents, on February 16, 2022, Sams was seen by a Jacksonville Sheriff’s Officer driving a stolen vehicle. Officers followed Sams which led to a pursuit where Sams fled from the vehicle. As Sams was fleeing, he threw a Glock .45 caliber pistol loaded with 25 rounds of ammunition, which was recovered once Sams was arrested.

Sams is a multi-convicted felon and was recently released from prison after having been convicted of burglary and possession of a firearm by a convicted felon. He was out of prison less than six months before committing this offense. As a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.  

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jacksonville Sherriff’s Office. The case was prosecuted by Assistant United States Attorney John Cannizzaro. The forfeiture will be handled by Assistant United States Attorney Mai Tran.

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.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Erotida Natasha Harden Ortiz to eight years in federal prison and Aida Cortes to four years and six months in federal prison. A federal jury had found Harden and Cortes guilty in October 2022. Harden was convicted of conspiracy to defraud the United States and six counts of aiding in fraudulent and false statements related to IRS tax returns. Cortes was convicted of one count conspiracy to defraud the United States.

According to evidence admitted during the trial and sentencing hearing, Ortiz owned Certified Taxes, LLC and Cortes was her office manager. Prior to opening Certified Taxes, Harden and Cortes both worked for two other tax businesses that had been closed down by the IRS. From 2016 through 2018, Ortiz and Cortes orchestrated a scheme to file taxes for unsuspecting taxpayers by filling out fraudulent Schedule C forms, which showed a business loss and enabled the taxpayers to obtain the Earned Income Tax credit. By obtaining the Earned Income Tax credit, the taxpayers were able to receive refunds to which the taxpayers were not entitled. As a result, the taxpayers continued to come back to Certified Taxes every year. The evidence revealed that Certified Taxes did not provide the tax returns to the taxpayers to review or review the tax returns with the taxpayers prior to filing them with the IRS.

During the conspiracy, Certified Taxes filed more than 3,600 tax returns with the IRS, with only 1 tax return resulting in a taxpayer owing money to the IRS. For each tax return Certified Taxes charged the taxpayer approximately $400, resulting in Certified Taxes receiving more than $1.2 million in tax preparation fees. In addition, in the last year of operation, Harden claimed income from Certified Taxes of approximately $394,000 but due to a fraudulent Schedule C, which claimed expenses of $379,000 on her tax return, she was able to qualify for the Earned Income Tax Credit and receive a refund of $6,375.

At sentencing, Harden and Cortes were ordered to repay the IRS $3.796 million in restitution for the fraudulent tax returns that generated tax refunds to which taxpayers were not entitled.

“Knowingly submitting false documents to the IRS is a crime,” said Ronald A. Loecker, IRS-CI Acting Special Agent in Charge. “The defendants personally benefitted from filing false tax returns for clients and yesterday’s sentence demonstrates that willfully interfering with the integrity of our nation’s tax system will result in fraudsters spending time in prison.”

This case was investigated by the Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Shawn P. Napier.

Tampa, FL – A federal grand jury in the Middle District of Florida returned a superseding indictment charging two additional Florida residents with federal crimes arising out of a series of targeted attacks on pregnancy resource facilities in the state. Caleb Freestone, 27, and Amber Smith-Stewart, 23, were previously charged with the same offenses in March.

According to the superseding indictment, Gabriella Oropesa and Annarella Rivera, along with Freestone and Smith-Stewart, engaged in a conspiracy to prevent employees of reproductive health services facilities from providing those services. As part of the conspiracy, the defendants allegedly targeted pregnancy resource facilities and vandalized those facilities with spray-painted threats. Some of the co-conspirators are alleged to have spray painted threats, including “If abortions aren’t safe than niether [sic] are you,” “YOUR TIME IS UP!!,” “WE’RE COMING for U,” and “We are everywhere,” on a reproductive health services facility in Winter Haven, Florida. Facilities in Hollywood, Florida, and Hialeah, Florida, were also allegedly targeted.

The superseding indictment also alleges that Rivera, along with Freestone and Smith-Stewart, violated the FACE Act by using threats of force to intimidate and interfere with the employees of a reproductive health services facility in Winter Haven because those employees were providing or seeking to provide reproductive health services. The superseding indictment further alleges that Rivera, along with Freestone and Smith-Stewart, violated the FACE Act by intentionally damaging and destroying the facility’s property because the facility provides reproductive health services. 

If convicted of the offenses, Rivera, Freestone and Smith-Stewart each face up to a maximum of 12 years in prison, three years of supervised release and fines of up to $350,000. Oropesa faces up to a maximum of 10 years in prison, three years of supervised release and a fine of up to $250,000.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Roger B. Handberg for the Middle District of Florida and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.

The FBI Tampa Field Office investigated the case, with assistance from the FBI Miami Field Office, the Miami Police Department, the Hialeah Police Department and the Hollywood Police Department.

Assistant U.S. Attorney Lisa Thelwell for the Middle District of Florida and Trial Attorney Laura-Kate Bernstein of the Civil Rights Division’s Criminal Section are prosecuting the case. 

Anyone who has information about incidents of violence, threats, and obstruction that target a patient or provider of reproductive health services or damage and destruction of reproductive health care facilities, should report that information to the FBI at www.tips.fbi.gov.

For more information about clinic violence, and the Department of Justice’s efforts to enforce FACE Act violations, please visit www.justice.gov/crt/national-task-force-violence-against-reproductive-health-care-providers.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Leonon Ricky Davis (37, Tampa) with being a felon in possession of a firearm. If convicted, Davis faces a maximum penalty of 15 years in federal prison.

According to statements made in open court, on December 1, 2022, Davis crashed into a parked vehicle while driving drunk on 26th Street in Tampa. Eyewitnesses reported that Davis was waving a black pistol when he exited the vehicle. Davis fled from the scene of the crash on foot, abandoning the pistol, a bag of crack cocaine, and cash along the way. Officers from the Tampa Police Department responded to the scene and apprehended Davis minutes after the crash.

Davis has multiple prior felony convictions, including for possession of cocaine, felony battery, and possession of a firearm by a convicted felon. As such, federal law prohibits him from possessing firearms and ammunition.

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 Tampa Police Department and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney David P. Sullivan.

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.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Kori Ann Moreno (26, Ponte Vedra Beach) has pleaded guilty to theft of mail. She faces up to five years in prison and payment of restitution to the victims in the case. A sentencing date has not yet been set. Moreno was arrested on November 29, 2022, by the U.S. Postal Service – Office of Inspector General (USPS-OIG) and subsequently released on a bond.   

According to court documents, in 2020, Moreno began working as a highway contract carrier delivering U.S. Mail on multiple highway contract routes (HCRs), primarily in the area of Ponte Vedra Beach. In July 2022, the USPS-OIG received multiple complaints regarding a high volume of stolen and undelivered mail on various HCRs handled by Moreno. On July 13, 2022, the USPS-OIG put a greeting card containing two $20 bills in a mail depository for outgoing U.S. Mail at a condominium complex on one of Moreno’s HCRs in Ponte Vedra Beach. Later that morning, while Moreno was processing mail at the condominium complex, USPS-OIG agents determined that Moreno had opened the greeting card. Agents who were in the area approached Moreno and located the greeting card which had been opened and was missing the cash. Moreno subsequently handed the missing money over to the agents.

During an on-scene search of Moreno’s car and personal belongings, agents located mail and gift cards that had been stolen out of the mail. During an interview with agents, Moreno stated in substance that since around December 2021 she had been opening mail – two to three letters a day. If the mail contained cash and/or gift cards, she would steal the contents and throw the cards in the trash. She was unsure how much money she obtained through her theft of mail.

This case was investigated by United States Postal Service – Office of Inspector General. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.

Jacksonville, Florida – Chief U.S. District Judge Timothy J. Corrigan today sentenced John Nathan Hemingway (52, Lake City) to nine years in federal prison for possession with the intent to distribute methamphetamine, cocaine, and cocaine base – also known as “crack” cocaine – and possession of a firearm in furtherance of a drug trafficking crime. Hemingway had pleaded guilty on October 4, 2022. As part of his plea, Hemingway agreed to forfeit the cash, firearm, and ammunition found in his home.

According to court documents, on multiple occasions, a confidential informant purchased crack cocaine that had been supplied by Hemingway at his home in Lake City. Following these controlled purchases, a Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives obtained a federal search warrant authorizing the search of Hemingway’s home. On February 15, 2022, law enforcement searched the home and located a digital scale, plastic baggies, more than $11,000 in cash, a loaded semi-automatic pistol, methamphetamine, powder cocaine, and crack cocaine.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Columbia County Sheriff’s Office, the Lake City Police Department, the Drug Enforcement Administration, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Michael J. Coolican. Assistant United States Attorney Mai Tran is handling the forfeiture of assets.

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 return of an indictment charging Christopher Leo Daragjati (33, Middleburg) with seven counts of wire fraud, ten counts of aggravated identity theft, one count of theft of government property over $1,000, and two counts of false representation of a Social Security number (SSN). If convicted, Daragjati faces up to 20 years in federal prison on each wire fraud count, a consecutive minimum mandatory penalty of 2 years’ imprisonment for each aggravated identity theft count, up to 5 years on each false SSN representation count, up to 10 years in prison on the charge of theft of government property, and payment of restitution to the victims he defrauded. Daragjati appeared in federal court yesterday. The court ordered him temporarily detained and set a detention hearing for April 3, 2023. No trial date has been set.

According to the indictment, Daragjati obtained the personal identifiable information (PII), including the SSNs of multiple victims. Using the victims’ PII, Daragjati went to the Lake County Tax Collector and the Orange County Tax Collector and obtained Florida Identification cards in the identity of two victims. Using the two Florida Identification cards, he then applied for three different Paycheck Protection Program (PPP) loans in the identity of the two victims. When applying for the three PPP loans Daragjati allegedly submitted numerous fraudulent tax related documents and repeatedly made false statements when completing the Small Business Administration loan application for each of the loans. In reliance on this false information, lenders approved the loan applications and Daragjati received approximately $150,000 in PPP loan proceeds for the three approved loans. As part of the scheme, he also set up bank accounts in the identities of the victims in order to receive the PPP loan proceeds.

In another fraud scheme Daragjati opened four commercial lines of credit with Sunbelt Rentals, using the PII of four victims. After being approved for the lines of commercial credit under the victims’ identities, he rented thousands of dollars of equipment. Rather than return the rented equipment, Daragjati pawned some of the items using the identities of various victims or otherwise disposed of the stolen equipment. In at least one incident, this resulted in a felony arrest warrant being issued and entered into the National Crime Information Center for a victim of identity theft.

In another scheme, in January 2022, Daragjati filed a false tax return, using the identity of a victim. In reliance on the false documents and use of the stolen identity by Daragjati, the Internal Revenue Service (IRS) approved a tax refund in which he received a tax refund of more than $1,000 in under the assumed victim’s identity. Daragjati arranged to have the fraudulently obtained tax refund deposited directly into a bank account that was in the name of the victim but controlled by Daragjati.

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 (HSI), the Internal Revenue Service – Criminal Investigation, and the Clay County Sheriff’s Office, with assistance from the Florida Department of Law Enforcement, the Florida Highway Patrol – Bureau of Criminal Investigations and Intelligence, the Jacksonville Sheriff’s Office, and the United States Secret Service - Jacksonville Field Office. It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

Download Indictment

Tampa, Florida – U.S. District Judge Mary Scriven has sentenced Michael Conover (32, Plant City) to 20 years in federal prison for distribution, receipt, and possession of child sexual abuse material. Conover was also ordered to serve a 20-year term of supervised release and register as a sex offender. The court also ordered Conover to forfeit an Apple iPhone, which was used in the commission of the offense. Restitution will be determined at a later time. Conover had pleaded guilty on September 1, 2022.

According to court documents, federal agents received a cyber tip from the National Center for Missing and Exploited Children (NCMEC) regarding a user on a social media platform distributing images and videos of minors engaged in sexual activity. That same user was also the subject of an additional cyber tip which referenced the hands-on abuse of a child. Federal agents executed a search warrant on Conover’s cellphone and social media accounts and discovered that Conover had sent, received, and viewed hundreds of images and videos of child sexual abuse.

“This predator traded child sexual abuse material of very young children online and has caused irreparable harm to his victims,” said HSI Tampa Special Agent in Charge John Condon. “The abhorrent actions of child predators will not go undetected, and thanks to the painstaking, tireless efforts of the HSI Special Agents, the Hillsborough County Sheriff’s Office, and the U.S. Marshals Service, he will be held accountable for his actions.”

This case was investigated by Homeland Security Investigations (HSI) with assistance from the Hillsborough County Sheriff’s Office and the U.S. Marshals Service. It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel.

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

A Honduran woman was sentenced today to 20 years in prison for a large-scale conspiracy to traffic cocaine for importation into the United States.

According to court documents, from 2006 until 2015, Erlinda Ramos-Bobadilla, aka Chinda, 62, served as a leader in the Montes-Bobadilla drug-trafficking organization, or Los Montes, one of the most significant drug-trafficking organizations operating in Honduras. The Los Montes drug-trafficking organization was based in the town of Francia on the northeastern coast of Honduras. There, the organization received clandestine maritime and air shipments of cocaine from sources in South America. Individual shipments of cocaine usually carried hundreds of – and sometimes more than a thousand – kilograms of cocaine. After receiving a shipment of cocaine, Los Montes worked with other drug traffickers to transport the cocaine inland through Honduras into Guatemala and, eventually, Mexico, where the cocaine would then be imported into, and distributed within, the United States.

“Today’s sentencing reflects the Department of Justice’s commitment to holding traffickers like Ramos-Bobadilla accountable and dismantling the trafficking organizations they support,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The Criminal Division will continue to work tirelessly with our federal, state, and international partners to ensure that our communities are kept safe.”

Ramos-Bobadilla played an active leadership role in Los Montes. Among other responsibilities, she participated in the negotiation of cocaine transactions with other drug traffickers in Central and South America, managed the proceeds that the organization made from the sale of cocaine and, at times, paid sources of supply for cocaine that Los Montes purchased. Ramos-Bobadilla employed armed individuals to work at her direction and control, including by providing security for her and her cocaine shipments.

“The defendant and her family lead a dangerous drug cartel that brought thousands of kilograms of poisonous drugs into the United States from Honduras and left murder, corruption, violence, and terror in its wake. EDVA prioritizes the investigation, dismantling, and prosecution of organizations like The Los Montes cartel that destroy communities across nations,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “Today’s sentence would not have been possible without the coordinated efforts of our prosecutors and law enforcement partners who work tirelessly to stop illicit drugs and violence from infiltrating our neighborhoods.”

Ramos-Bobadilla also participated in procuring, planning, and arranging acts of violence, including murders, in furtherance of the conspiracy. For example, Los Montes and other Honduran drug-trafficking organizations conspired to finance the murder of the head of Honduras’ anti-drug trafficking agency in December 2009. In June 2013, along with her son, Noe Montes-Bobadilla, and another co-conspirator, Ramos-Bobadilla also participated in coordinating and directing the murder of a permanent resident of the United States in Tocoa, Honduras, in retaliation for perceived cooperation with the U.S. government.

In addition to her participation in these acts of violence, Ramos-Bobadilla engaged in bribery in furtherance of the conspiracy. Ramos-Bobadilla and her co-conspirators made payments to public officials in Honduras, including police officers and other law enforcement officials, to facilitate and protect the family’s drug-trafficking operations.

“The Montes-Bobadilla Drug Trafficking Organization terrorized and poisoned communities under Ramos-Bobadilla’s leadership,” said Special Agent in Charge Jarod Forget of the DEA Washington Field Office. “Today’s sentencing is a testament to the capabilities and commitment by DEA to ensure that any domestic or foreign criminal who peddles deadly drugs into our neighborhoods and puts our families at risk will be held accountable.”

“Erlinda Ramos-Bobadilla played a leadership role in a major operation trafficking narcotics into and distributing them throughout the United States,” said Special Agent in Charge Derek W. Gordon of Homeland Security Investigations (HSI) Washington, D.C. “There is no way to know for sure just how much damage Ramos-Bobadilla left in her wake; however, thanks to the collaborative efforts of HSI and our law enforcement partners, Ramos-Bobadilla’s drug trafficking days are over now. HSI will continue to exhaust every resource at our disposal to bring such drug traffickers to justice and ensure the safety of the communities we have sworn to protect.”

On Oct. 8, 2015, Ramos-Bobadilla and five co-conspirators were charged by indictment in the Eastern District of Virginia with conspiracy to distribute five kilograms or more of cocaine for importation into the United States. Three of Ramos-Bobadilla’s co-conspirators have been convicted and sentenced in this case:

Noe Montes-Bobadilla was sentenced in April 2019 to 37 years in prison.

Arnulfo Fagot-Maximo was sentenced in May 2019 to 33 years in prison.

Jose del Trancito Garcia-Teruel was sentenced in February 2022 to 13 years in prison.

One co-conspirator, Tito Montes-Bobadilla, aka Alejandro Montes-Bobadilla, aka Pimpi, is deceased.

The Organized Crime and Drug Enforcement Task Force (OCDETF) supported this case.

The DEA Washington Division investigated the case with assistance from FBI’s Washington Field Office, U.S. Immigration and Customs Enforcement’s (ICE) HSI Washington, D.C., and the Virginia State Police. The Honduran National Police and the Justice Department’s Office of International Affairs provided substantial assistance.

Trial Attorneys Douglas Meisel and Janet Turnbull of the Criminal Division’s Narcotic and Dangerous Drug Section and Assistant U.S. Attorneys Thomas W. Traxler, Anthony T. Aminoff, and James L. Trump of the U.S. Attorney’s Office for the Eastern District of Virginia prosecuted the case. The U.S. Attorneys’ Offices for the Southern District of New York, the Middle District of Florida, and the Southern District of Florida also provided assistance. 

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Cambrel Jamal Smart (29, Fort Lauderdale) to five years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Smart to forfeit the firearm and ammunition he illegally possessed. Smart had pleaded guilty on December 1, 2022.

According to court documents, on January 5, 2022, at around 3:00 a.m., a Florida Highway Patrol Trooper pulled over a vehicle Smart was driving after it was observed traveling at a high rate of speed on I-75 in Collier County. The car was searched, after a Trooper could smell the odor of marijuana coming from the vehicle and observed a clear plastic baggy containing a green leafy substance believed to be marijuana, in the center console. Upon searching the vehicle, a Trooper found a loaded firearm between the front and back passenger-side seats. The firearm was loaded with 17 rounds of ammunition. Subsequent DNA testing linked the firearm to Smart, who is a multi-convicted felon. As such, he is prohibited from possessing a firearm and ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Trent Reichling.

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. 

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that David Wayne Hogle, Jr. (29, Cherry Point, North Carolina) has pleaded guilty to attempting to entice a 13-year-old child to produce sexually explicit photos of herself and send them to him over the internet. Hogle faces a mandatory minimum penalty of 15 years, up to 30 years, in federal prison and a lifetime term of supervised release. Hogle was arrested at Marine Corps Air Station (MCAS) Cherry Point in North Carolina and was transported to Jacksonville for prosecution. His sentencing hearing has not yet been scheduled.

According to court documents, on July 13, 2022, an FBI agent in Jacksonville began an undercover investigation to identify individuals using the internet to engage in sexual activity with children. This FBI agent (UC) posted a message in a chat room on a particular social media application (“app”) posing as the “mother” of a 13-year-old child. App user “Kaligula,” who was later identified as Hogle, responded, “Interested in domination, degrading, breeding, inc’est, and very young girls.” When asked about his age preference for children, Hogle responded, “No lower age limit.” The UC explained that her daughter was 13 years old, and Hogle replied, “Typically [I] like younger …” The UC confirmed that she and the “child” were located in Florida, and Hogle replied that he lived in North Carolina. After exchanging phone numbers, Hogle texted the UC, “So when do I get to see … your daughter?” He stated that he had previously had sex with a 13-year-old and a 2-year-old. Hogle sent the UC a hyperlink to a cloud storage account that contained 28 photos of infants and toddlers being sexually abused.

On July 15, 2022, Hogle texted the UC, who was portraying the “child,” stating “I understand your only 13, so there is going to be a lot of things you still need to learn. I [am] happy to teach you about them.” Hogle then requested the “child” take a “naughty pic” or a video of her genitalia for him and directed her as to how to do so using her smart phone. The next day, Hogle texted the UC, asked again for an explicit photo of the “child,” and provided step-by-step instructions as to how to take a picture of the “child’s” genitalia. To demonstrate what kind of picture that he wanted the “child” to take, Hogle sent the “child” a photo of his own genitalia.

The FBI and the Naval Criminal Investigative Service (NCIS) confirmed that Hogle was a Lance Corporal in the United States Marine Corps stationed at MCAS Cherry Point in North Carolina. Further investigation revealed that Hogle was accessing the internet during his online conversations with the UC while onboard MCAS Cherry Point.

On July 29, 2022, Hogle was arrested by the FBI onboard MCAS Cherry Point. During an interview with law enforcement, Hogle admitted that he had sent the UC a hyperlink containing child sexual abuse materials to show to the 13-year-old “child,” that he directed the “child” to take a picture of her “privates,” and that he was sexually interested in children aged “double digits, ten, twelve and plus.” A search of Hogle’s computer revealed that it contained 162 images and 45 videos depicting infants, toddlers, and young children being sexually abused.

This case was investigated by the Federal Bureau of Investigation in Jacksonville, Florida and Greenville, North Carolina, and the Naval Criminal Investigative Service. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Ocala, Florida – United States Attorney Roger B. Handberg announces that Christopher Richard Munroe (55, Ocala) has pleaded guilty to possessing a firearm as a convicted felon. Munroe faces a maximum penalty of 15 years in federal prison. His sentencing hearing is scheduled for June 15, 2023. Munroe had been indicted on December 20, 2022.

According to court documents, on November 14, 2022, the Ocala Police Department and the Marion County Sheriff’s Office responded to a call from the owner of a moving company who reported Munroe had stolen three firearms while packing a residence for customers. When officers arrived on scene, they found Munroe crouched down in some nearby bushes. Officers located the stolen firearms, seven ammunition magazines, and ammunition where Munroe had been hiding. Munroe had previously been convicted of second-degree murder in New York. He was released on parole in 2018. As a previously convicted felon, he is prohibited from possessing a firearm under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the City of Ocala Police Department, and the Marion County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Belkis H. Crockett.

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 Timothy Paul Longworth (43, Tampa) has pleaded guilty to bank robbery.  Longworth faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

According to court documents, at approximately 9 a.m. on July 8, 2022, Longworth entered a bank on Dale Mabry Highway in Tampa, jumped over the teller’s counter, and demanded that the bank’s employees open their cash drawers. After obtaining approximately $4,000 from the bank, Longworth fled the scene and escaped in a van driven by an indicted co-conspirator, John Kennedy Braun. Braun is awaiting trial for his alleged role in the robbery.

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 Hillsborough County Sherriff’s Office and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney David P. Sullivan.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Frank Sebastian Visicaro (63, Trinity) to 24 months in federal prison for conspiracy to commit money laundering. As part of his sentence, the court also ordered Visicaro to pay restitution in the amount of $1,088,440, the proceeds of funds laundered through bank accounts he controlled. Visicaro had pleaded guilty on December 9, 2021. 

According to the plea agreement, Visicaro used his real estate company, two shell companies, and bank accounts in the companies’ names to launder the proceeds of an international boiler room fraud scheme, which defrauded foreign victims via the sale of worthless investments. Visicaro used the companies and bank accounts to receive fraud proceeds. Some of the fraud proceeds were wired directly from victims overseas into these accounts. More often, fraud proceeds from the victims were wired to United States-based accounts controlled by other conspirators and then later wired to accounts controlled by Visicaro. In such instances, Visicaro’s accounts served as “buffer” accounts, that is, secondary bank accounts used to transfer and conceal foreign victims’ money and avoid detection by banks.

In total, more than $1 million in victims’ funds flowed into Visicaro-controlled accounts. Thereafter, at the direction of other conspirators, Visicaro wired most of the funds to multiple other financial institutions—held by, among others, boiler room sales agents or other conspirators—in order to promote the scheme and to conceal and disguise the source of, and to hinder any efforts to locate, those proceeds. Visicaro was compensated, via a percentage of the amount of funds he helped to launder, for his role in the conspiracy.

“We are committed to stopping transnational criminal organizations from targeting unsuspecting victims with fraudulent investment schemes that use high-pressure tactics,” said HSI Tampa Assistant Special Agent in Charge John Dumas. “HSI Tampa and the Internal Revenue Service – Criminal Investigation (IRS-CI) are formidable investigative partners working together with our international partners to stop these fraudsters from taking peoples’ hard-earned money.”

“Illegal activity involving the investment industry has brought financial ruin to many people,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker.  “IRS Criminal Investigation is determined to attack these fraud schemes by utilizing our forensic accounting skills and working side by side with Homeland Security Investigations and put a stop to this and other types of financial crime.”

This case was investigated by the Homeland Security Investigations (HSI) and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and David W.A. Chee. 

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Paul Edward Lee, Jr. (43, Jacksonville) guilty of attempting to entice a 14-year-old child to produce and send him pornographic videos and images depicting her own sexual abuse. In 2011, Lee was convicted of lascivious molestation and exhibition of a 10-year-old child and was required to register as a sexual predator. Because of these prior child sex convictions, at sentencing Lee faces an enhanced minimum mandatory penalty of 25 years, up to 50 years, in federal prison and a potential life term of supervised release. Lee was arrested in Jacksonville on May 2, 2018. His sentencing hearing is set for July 10, 2023. 

According to evidence and testimony introduced at trial, in April 2018, an FBI agent in Illinois discovered that a 14-year-old child was having online contact with an adult male in Florida through a smart phone gaming application (app) designed for use by children. The messages sent to the child by the adult male were increasingly graphic and sexually explicit. The FBI was able to identify this individual as Paul Edward Lee, Jr., a registered sexual predator living in a residence in Jacksonville along with eight other registered sex offenders. On April 25, 2018, an undercover FBI agent in Jacksonville, posing as the 14-year-old child, resumed text messaging with Lee. During these communications, Lee told the “child” in graphic terms how he wanted to have sex with the “child,” and he sent several images and videos of his own genitalia to the “child.” On April 27, 2018, Lee repeatedly texted and solicited the “child” to produce and send him graphic images and videos of “her” genitalia. When FBI agents executed a federal search warrant at his residence on May 2, 2018, Lee damaged his cellphone in an effort to conceal evidence of his criminal activity.   

This case was investigated by the Federal Bureau of Investigation and the Jacksonville Sheriff’s Office. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in 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 Demetrius Sanchez Mitchell (38, Tampa) has pleaded guilty to possessing a firearm as a convicted felon. Mitchell faces a mandatory penalty of 15 years in prison. He has agreed to forfeit the firearm and ammunition traceable to his offense.

According to court documents, on July 2, 2022, officers with the Tampa Police Department stopped a vehicle being driven by Mitchell. During a search of the vehicle, officers located a loaded 9 mm pistol in the center console. At the time of the stop, Mitchell had multiple prior felony convictions, including convictions for aggravated assault with a deadly weapon, robbery, carjacking, and being a felon in possession of a firearm. As a previously convicted felon, Mitchell is prohibited from possessing a firearm under federal law.

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney David P. Sullivan.

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 Scriven today sentenced Emrah Kuc (27, St. Petersburg) to 15 years in federal prison for production, distribution, receipt, and possession of child sexual abuse material, to be followed by 10 years of supervised release, and a requirement to register as a sex offender. The court also ordered Kuc to forfeit a MacBook Pro and four iPhones, which were used in the commission of the offense. The court reserved ruling on the issue of restitution. Kuc had pleaded guilty on December 12, 2022. 

According to court documents, after a cyber tip was reported to the National Center for Missing and Exploited Children (NCMEC), law enforcement investigated Kuc’s online activities and recovered multiple electronic devices from Kuc’s residence. A search of those devices revealed images and videos of children being sexually abused. Law enforcement discovered that Kuc was receiving and sharing videos and images of child sexual abuse on various social media applications and had also produced a video of child sexual abuse material with a toddler.

“This sentence demonstrates the unwavering dedication and commitment of HSI special agents who are working tirelessly to protect our most vulnerable,” said HSI Tampa Assistant Special Agent in Charge Kristopher Pagitt. “Our message is clear. HSI will work tirelessly with our law enforcement partners and the United States Attorney’s Office to bring to justice those who prey upon children.”

This case was investigated by Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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, FL - United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging Erik Barner (44, St. Petersburg) with one count of possession of a controlled substance with intent to distribute. If convicted, Barner faces up to 20 years in federal prison.

According to the complaint, on February 22, March 1, and March 10, 2023, Barner sold a total amount of 63 grams of crack cocaine to a confidential informant working with the St. Petersburg Police Department. The complaint further alleges that Barner has prior convictions for trafficking in cocaine and possession of cocaine with intent to distribute.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Samantha Newman.

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.          

Tampa, Florida – United States Attorney Roger B. Handberg announces that Shawn Lanier Lowman, Jr. (23, Tampa) today pleaded guilty to possessing a firearm as a convicted felon. Lowman faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.

According to court documents, at approximately 11:00 p.m. on November 1, 2022, Lowman was a passenger in a black BMW 328i sedan that fled after officers from the Tampa Police Department (TPD) had attempted to conduct a traffic stop near the intersection of East Sligh Avenue and North Central Avenue, in the Old Seminole Heights neighborhood of Tampa. A short time later, TPD officers located the same black sedan in the Sulphur Springs neighborhood of Tampa, near the intersection of North Klondyke Street and East Bird Street. The car was eventually parked on the side of the road, and three occupants, including Lowman, exited the vehicle.

Two TPD officers attempted to make contact with Lowman, but Lowman fled on foot through the neighborhood evading the officers. A TPD Air Service helicopter positioned above Sulphur Springs used a Forward Looking InfraRed (“FLIR”) camera to track Lowman as he fled through the neighborhood and into the backyard of a residence where he hid in a shed. The helicopter’s FLIR camera was able to see the thermal signature of Lowman inside the shed. TPD officers converged on the shed and arrested Lowman. Inside the shed, the officers located 10.9 grams of bagged cocaine. During a search of Lowman, officers recovered three pills which tested positive for oxycodone. The officers then retraced Lowman’s path and found a backpack containing two loaded firearms: (1) a Glock 9mm pistol; and (2) a Smith & Wesson Model 659 9mm pistol (loaded with 14 rounds of ammunition, including one in the chamber). The backpack also contained a digital scale, an extended magazine (11 rounds) and a black ski mask. Latent fingerprints belonging to Lowman were located on the slide of the Glock pistol and two of Lowman’s latent fingerprints were found on the magazine of the 9mm Smith & Wesson pistol. In an interview with officers following his arrest, Lowman admitted that the fingerprints found on the firearms belonged to him and that he had possessed the firearms.    

Lowman had previously served approximately six years in state prison for armed carjacking with a deadly weapon and armed burglary in July 2017. As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.

This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney David W.A. Chee.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, FL – U.S. District Judge William F. Jung has sentenced Kemi Lim-Tom (38, Tampa) to eight years and four months in federal prison for bank fraud, tax fraud, credit card fraud, and aggravated identity theft. Lim-Tom was ordered to pay $345,943.49 in restitution. She had pleaded guilty on July 26, 2022.

According to court documents, in February 2018, pursuant to a search warrant, officers from the Tampa Police Department found Lim-Tom and her coconspirator, Sonya Seago, in possession of more than 1,500 individuals’ stolen personal identifying information. Subsequent investigation revealed that Lim-Tom used these identities to commit bank fraud, tax fraud, and credit card fraud.

According to court documents and evidence presented at the sentencing hearing, between 2012 and February 2018, Lim-Tom orchestrated a scheme to defraud financial institutions by manufacturing counterfeit checks with fraudulent company names and bank account numbers belonging to victim businesses and then cashing these checks for profit. Lim-Tom recruited and paid others to receive some of these checks and provide her with the proceeds. The face value of the fraudulent checks involved in the scheme was more than $600,000.

Between March 2013 and July 2014, Lim-Tom committed tax fraud by using stolen identities to obtain tax refunds from the Internal Revenue Service. Lim-Tom obtained four fraudulent tax refunds totaling more than $27,000 and attempted to obtain an additional 56 refunds totaling more than $300,000.

Between January 2015 and February 2018, Lim-Tom and Seago used stolen personal identifying information to obtain fraudulent credit cards, which they used to make more than $215,000 in purchases.

On February 15, 2023, Sonya Seago (50, Tampa) was sentenced to 32 months in federal prison for her role in the fraud offenses.

“Greed is a strong motivator for illegal activity and these sentencings demonstrate our commitment to hold criminals accountable for their corrupt behavior,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker. “These individuals demonstrated a blatant disregard for the United States tax system and caused immeasurable damage to innocent victims. IRS Criminal Investigation, along with our partners at the United States Secret Service, the Tampa Police Department, and the U.S. Attorney’s Office, remains committed to the pursuit of identity theft and other related crimes.”

This case was investigated by IRS-Criminal Investigation, the United States Secret Service, and the Tampa Police Department. It was prosecuted by Assistant United States Attorneys Jennifer L. Peresie and John Cannizzaro.

Tampa, FL - United States Attorney Roger B. Handberg announces that Dartis Cobb (35, St. Petersburg) has pleaded guilty to possession of ammunition by a convicted felon. Cobb faces up to 15 years in federal prison. He has agreed to forfeit the ammunition traceable to the offense. A sentencing date has not yet been set.

According to court documents, on August 13, 2022, Cobb was pulled over during a traffic stop. During a search of Cobb’s vehicle, a firearm and ammunition were located. As a previously convicted felon, Cobb is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being handled by Assistant United States Attorney Suzanne Nebesky.

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 the return of an indictment charging Jojuan Lindsey (27, St. Petersburg) with one count of possession of a firearm and ammunition by a convicted felon. If convicted, Lindsey faces up to 15 years in federal prison.

According to the indictment, on December 27, 2022, Lindsey possessed a Glock model 42 semiautomatic pistol and six rounds of Hornady 38 Auto ammunition. Lindsey has previously been convicted of six felonies, including battery of a law enforcement officer; burglary; fleeing or eluding a law enforcement officer; and three separate convictions for sale or delivery of heroin. As a previously convicted felon, Lindsey is 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 St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture is being 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.          

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 Susan C. Bucklew today sentenced Jacquelyn DeVito (40, Brandon) to 24 months in federal prison for unlawful drug distribution and for acquiring a controlled substance by misrepresentation. DeVito also relinquished her Nurse Practitioner and Advanced Registered Nurse Practitioner licenses to the State of Florida Board of Nursing and agreed never to reapply for a Drug Enforcement Administration registration number. DeVito had pleaded guilty on December 9, 2022.

According to court documents, between March 2020 and June 2022, DeVito worked as nurse at an urgent care medical office. During this employment, she offered patients separate home health services through her privately-owned company, Bee Home Medical LLC. DeVito used Bee Home Medical patients’ names and dates of birth to prescribe oxycodone, a Schedule II controlled substance, without their knowledge or consent and issued those prescriptions to local retail pharmacies. When the prescriptions were filled and ready to be picked up, DeVito went to the pharmacies and acquired the controlled substances by falsely stating that she was the victim patients’ caregiver and was picking up the controlled substances on their behalf. In this manner, DeVito prescribed and acquired more than 2,900 oxycodone pills. Many of the victim patients had no knowledge that DeVito had issued the prescriptions in their names and confirmed that there was no legitimate need for them to receive the medication.

This case was investigated by the Drug Enforcement Administration (Tampa District Office) and the Opioid Fraud and Abuse Detection Unit. The Opioid Fraud and Abuse Detection Unit was created by the Department of Justice to help combat the devastating opioid crisis. The Opioid Fraud and Abuse Detection Unit focuses specifically on opioid-related health care fraud, using data to identify and prosecute individuals contributing to the prescription opioid epidemic. The case was prosecuted by Assistant United States Attorney Greg Pizzo.

Note: View a copy of the settlement agreement here.

Orlando, FL – Florida companies Kingwood Orlando Reunion Resort LLC (Orlando Reunion) and Kingwood Crystal River Resort Corp. (Crystal River) have agreed to settle allegations that they violated the False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) by knowingly providing false information in support of a Paycheck Protection Program (PPP) loan forgiveness application submitted by Crystal River.

Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide emergency loans to small businesses suffering economic hardship due to the COVID-19 pandemic. The CARES Act authorized these businesses to seek forgiveness of the loans if they spent the loan funds on eligible expenses, such as payroll. When applying for forgiveness of PPP loans, borrowers were required to certify the truthfulness and accuracy of all information provided in their applications. A PPP recipient seeking loan forgiveness based on the payment of wages was only entitled to forgiveness for the amount of wages actually paid to its employees during the designated period.

Here, Orlando Reunion and Crystal River, which are related but operate separate resorts, both received separate PPP loans. The United States alleged that Crystal River sought forgiveness of its PPP loan, in-part, by certifying that it used a portion of its PPP loan to pay wages of Crystal River employees, when in fact, some of the employees to whom it claimed to have paid wages were actually Orlando Reunion employees whom Crystal River did not employ or pay. As a part of the settlement announced today, Crystal River and Orlando Reunion agreed to pay $271,720 in damages and penalties under the FCA and $53,280 in civil penalties under FIRREA. 

“PPP loans were intended to help small businesses retain employees and keep their doors open during the pandemic,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to holding accountable those who knowingly and improperly sought PPP loans or forgiveness of those loans.”

“A primary mission of the United States Attorney’s Office is protecting government programs from fraud,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We will continue to hold accountable those who abuse the CARES Act and PPP Program at the expense of the taxpayers.”

“This settlement demonstrates that attempts to wrongfully obtain loan forgiveness will not go unnoticed, and violators will be identified,” said Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration Office of the Inspector General (SBA OIG) Eastern Region. “I want to thank the Department of Justice and our law enforcement partners for their support and dedication to pursuing justice in this case.”

The settlement resolved a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The qui tam lawsuit was filed by the former Director of Human Resources for Kingwood resorts and is captioned U.S. ex rel. Falzarano v. Kingwood International Resort, LLC, et al., Dkt. No. 6:20-cv-976-ORL-37EJK (M.D. Fla.). The whistleblower will receive a total of approximately $46,000 in connection with the settlement.  

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Middle District of Florida, with assistance from the SBA’s Office of General Counsel and the SBA OIG.

This matter was handled by Trial Attorney Jared S. Wiesner of the Civil Division and Assistant U.S. Attorney Jeremy R. Bloor for the Middle District of Florida.

On May 17, 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, among other methods, 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 https://www.justice.gov/coronavirus.

Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. today sentenced James Mirabal (46, St. Cloud) to 15 years in federal prison for conspiracy to distribute cocaine. The court also ordered Mirabal to forfeit $124,598, traceable proceeds of the offense. Mirabal had pleaded guilty on December 27, 2022. Mirabal’s two conspirators, Johnathan Beharry and Vilnarie Figueroa Matos, previously pleaded guilty. Beharry was sentenced to 9 years in federal prison on February 14, 2023. Figueroa Matos is scheduled to be sentenced on April 17, 2023.  

According to court documents, Mirabal conspired with numerous others to distribute kilograms of cocaine. During the investigation, Mirabal had discussed, among other things, a seizure of 50 kilograms of cocaine in April 2022, as he arranged for the delivery of 20 kilograms of cocaine to Beharry. The drugs were later seized during Beharry’s arrest on October 17, 2022. Mirabal routinely discarded cellphones and, when arrested on October 31, 2022, was found in possession of 24 cellphones and $124,598 in currency.

This case was investigated by the Drug Enforcement Administration, with assistance from Homeland Security Investigations (HSI), the U.S. Postal Inspection Service, the U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Highway Patrol, the Winter Garden Police Department, the Orange County Sheriff’s Office, the Kissimmee Police Department, the Winter Park Police Department, the Clermont Police Department, the Orlando Police Department, the Apopka Police Department, the Ocoee Police Department, the Osceola County Sheriff’s Office, and the Seminole County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Dana E. Hill.

Operation Titan Fall is a multi-agency Organize Crime Drug Enforcement Task Force (OCEDTF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Ocala, Florida –Senior United States District Judge John Antoon II has sentenced Eddie Joe Oglesby, Jr. (52, Fort McCoy) to 80 years in federal prison for two counts of production of child sex abuse material and one count of receipt of sex abuse material. A federal jury previously found Oglesby guilty on October 14, 2022. He had been charged in a superseding indictment on September 13, 2022.

According to testimony and evidence presented at trial, Oglesby created an elaborate false identity which he used to impersonate a federal agent. He then used this false identity to coerce underaged female victims to produce and send him child sex abuse material over the internet. Posing as the false agent, Oglesby threatened to have the victims arrested, imprisoned, institutionalized, or killed if they did not comply with his demands.

During a search of Oglesby’s Marion County residence by FBI agents on September 27, 2021, they found him with an underaged female runaway. A search of Oglesby’s cellular phone showed him logged into multiple social media applications under both his real and false identities. Agents ultimately found 473 pages of electronic communications between Oglesby and one of his victims on that cellular phone.

“This case exemplifies the commitment of the FBI and our law enforcement partners to identify and locate abusers who prey on our children,” said Special Agent in Charge Sherri E. Onks for the Jacksonville Division. “The crimes committed by this predator are inexcusable and we will stop at nothing to thwart criminals like him from taking advantage of innocent youth.”   

This case was investigated by the Federal Bureau of Investigation, the Marion County Sheriff’s Office, the Weatherford (Texas) Police Department, and the Cobb County (Georgia) Sheriff’s Office. It was prosecuted by Assistant United States Attorneys William S. Hamilton and Hannah J. Nowalk.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 the arrest of Perry Ivory Wims (37, Tampa) on a criminal complaint charging possession with intent to distribute a controlled substance. Wims was arrested on March 9, 2023 and ordered detained pending the outcome of his case.

According to the complaint, the Tampa Police Department (TPD) learned that Wims was selling fentanyl out of his room at the Garden View Motel located at 2500 East Busch Boulevard in Tampa. Based on that information, TPD obtained a warrant authorizing the search of Wims’ motel room. Prior to the execution of the warrant, officers observed Wims exit his motel room with a pistol tucked in the waistband of his shorts. Additionally, TPD learned that Wims had a verbal altercation with unknown individuals shortly before the execution of the warrant, during which Wims pointed a gun at people with whom he was arguing.

During the execution of the search warrant, officers located approximately 283 grams of a substance that field-tested positive for fentanyl, a loaded Ruger 9mm pistol, a Zaviar Arms AR-style pistol, $3,705 in cash, and other suspected narcotics. 

Wims previously received a 15-year sentence in federal court for possessing a firearm as a convicted felon. He completed serving that sentence on December 21, 2022. 

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 Tampa Police Department and the Drug Enforcement Administration. It will be prosecuted by Assistant United States Attorney David P. Sullivan.

Tampa, Florida–United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Francisco Cabrera (28, Dover) with armed robbery, armed carjacking, and attempting to murder federal agents. If convicted on all counts, Cabrera faces a mandatory minimum sentence of 28 years, up to life, in federal prison.

According to the indictment, between January 13 and 17, 2022, Cabrera robbed two Smoke Shops and one gas station in the Tampa Bay area. During each robbery, Cabrera showed victims a loaded magazine, inserted it into his pistol, and pointed the gun at the victims. On January 19, 2022, Cabrera approached a victim at a gas station and carjacked him at gunpoint. The same day, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents and Lakeland Police Department officers found Cabrera and attempted to conduct a traffic stop. Cabrera fled at speeds exceeding 100 miles per hour in heavy midday traffic, including on Interstate 4. While fleeing, Cabrera fired multiple shots from his driver side window at the agents and officers pursuing him. ATF agents returned fire, striking Cabrera, which ended the pursuit. No other individuals were struck by the gunfire.

Cabrera has been charged separately by the State Attorney’s Office (10th Judicial Circuit) with attempted murder of local law enforcement officers.

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 and the Lakeland Police Department. It will be 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.   

Tampa, FL –United States Attorney Roger B. Handberg announces that a federal jury has found Dempsey Gilmore (32, Tampa) guilty of conspiracy to distribute methamphetamine and marijuana, possession with intent to distribute methamphetamine and marijuana, carrying a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a convicted felon. He faces a maximum penalty of life in federal prison. His sentencing hearing is scheduled for May 24, 2023. Gilmore had been charged in a superseding indictment on January 11, 2023.

According to evidence and testimony presented at trial, on February 9, 2022, a Tampa Police Department (TPD) officer observed a red Dodge Charger fail to stop for a stop sign and attempted a traffic stop, but the vehicle fled at speeds of over 100 miles per hour. A TPD Air Support Unit tracked and recorded the vehicle as it fled from the police, ultimately stopping near a residence, where the driver and passenger got out, scaled a fence, and ran into a house. During the flight, the air unit recorded the vehicle temporarily stopping and its occupants throwing items from the car. TPD Officers arrived at that location and, along the side of the road, found a bag containing almost 200 grams of 100% pure methamphetamine, a zip-top bag labeled “Dempsey,” and a fully loaded firearm. They also found a box with bags of marijuana and a digital scale nearby.

After obtaining a search warrant for the house which the suspects had entered, officers ordered the occupants to exit the house. Several individuals immediately complied, but Gilmore and another man initially remained inside the house, ultimately coming out. Officers found a security video from the house showing Gilmore and the other man running into the residence and located more marijuana inside the Dodge Charger that had been abandoned near the residence. A fingerprint recovered from the vehicle matched that of Gilmore.

Gilmore was previously convicted of multiple felonies, including being a felon in possession of a firearm and escape. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Tampa Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Samantha Beckman.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Tampa, Florida - U.S. District Judge Steven D. Merryday today sentenced Terrel Lewis (26, Largo) to 3 years and 10 months in federal prison for possession with intent to distribute cocaine. Lewis had pleaded guilty on December 21, 2022.

According to court documents, in 2021, the Clearwater Police Department and the Drug Enforcement Administration received information that Lewis was distributing cocaine in Clearwater. On August 24, 2021, Lewis met with a confidential source (CS) and delivered a brown paper bag containing 250.75 grams of cocaine. On March 9, 2022, Lewis met again with the CS and delivered 248.97 grams of cocaine to the CS in a plastic bag. In total, Lewis distributed 499.72 grams of cocaine in both transactions. 

This case was investigated by the Clearwater Police Department and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Maria Guzman.

Tampa, FL – U.S. District Judge William Jung has sentenced Elvin Marks to 41 months in federal prison for mail fraud and fraudulent claims to an agency of the United States government. As part of his sentence, the court also entered an order of forfeiture in the amount of $606,309.35, the proceeds of the charged criminal conduct. Marks had pleaded guilty on November 1, 2022.

According to court documents, beginning in January 2016, and continuing through December 2018, Marks devised a scheme to defraud the Internal Revenue Service (IRS) to obtain money using the United States Postal Service (USPS). To accomplish the fraudulent scheme, Marks prepared IRS Tax Forms 1040 and/or 1040X that included fraudulent information concerning wages, earnings, and deductions to obtain tax refunds for himself or others, which he was not entitled to, and were mailed through the USPS to the IRS. These fraudulent tax forms caused the IRS to issue refunds that Marks received in the Middle District of Florida.

For instance, on December 20, 2016, Marks knowingly made and sent to the IRS a falsified IRS Tax Form 1040X for calendar year 2015, claiming a tax refund for $99,960 in the name of another person, which the IRS rejected. In addition, Marks knowingly made and sent to the IRS a falsified IRS Tax Form 1040 for calendar year 2017 in his own name requesting a refund of $4,606,144. The IRS subsequently mailed Marks’ tax refund to a residence in the Middle District of Florida, which he later obtained. The IRS recovered $3,994,611.85 from the Marks, resulting in a loss of $606,309.35. 

“With filing season underway, the financial penalties and significant prison term handed down against Mr. Marks is a timely reminder of the importance of ensuring your tax return is an honest account of your income and tax obligations.  This sentencing should also put unscrupulous preparers on notice about the consequences that await those who do not play by the rules,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker.

This case was investigated by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorneys Greg Pizzo and Maria Guzman.

Orlando, Florida – U.S. District Judge Roy B. Dalton Jr. has sentenced Carlos Roman (57, Orlando) to 40 years in federal prison for possession of cocaine and possession of a firearm equipped with a silencer in furtherance of drug trafficking. Judge Dalton also sentenced three individuals who conspired with Roman to distribute fentanyl and cocaine: James Richard Howell (37, Silver Springs) to 57 months; Kenneth Angel Vera (31, Orlando) to 27 months; and Joely Manuel Burgos (39, Orlando) to 51 months. Roman and Vera had pleaded guilty on December 6, 2022. Howell and Burgos had pleaded guilty on December 5, 2022, and December 28, 2022, respectively.

According to court documents, Roman supplied cocaine and fentanyl to Howell, Burgos, and Vera for resale and regularly communicated with each of them on a cellular telephone that was monitored by law enforcement pursuant to court-ordered authorization. On August 9, 2022, Roman was arrested at his home with 19 firearms, 6 silencers, 3 flash-bang grenades, and thousands of rounds of ammunition. See related press release: https://www.justice.gov/usao-mdfl/pr/members-drug-trafficking-conspiracy-plead-guilty-drug-and-gun-charges-operation-titan

“Illicit fentanyl is highly addictive and incredibly destructive. The individuals who bring this poison into our communities must be held accountable for their actions,” said DEA Special Agent in Charge Deanne L. Reuter. “The success of this investigation is a direct result of the hard work and dedication of these investigators as well as the cooperation and collaboration between DEA and our local, state, and federal law enforcement partners. DEA remains committed to these partnerships to continue to keep our communities safe and healthy.”

This case was investigated by the Drug Enforcement Administration, with assistance from Homeland Security Investigations (HSI), the U.S. Postal Inspection Service, the U.S. Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Florida Highway Patrol, the Winter Garden Police Department, the Orange County Sheriff’s Office, the Kissimmee Police Department, the Winter Park Police Department, the Clermont Police Department, the Orlando Police Department, the Apopka Police Department, the Ocoee Police Department, the Osceola County Sheriff’s Office, and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Dana E. Hill.

Operation Titan Fall is a multi-agency Organized Crime Drug Enforcement Task Force (OCEDTF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.  

Tampa, FL –United States Attorney Roger B. Handberg announces the arrests of Yuendry Rodriguez Hilario (28, Cleveland, OH) and Saleh Yusuf Saleh (24, Cleveland, OH) on a criminal complaint charging conspiracy to transfer firearms to commit a felony and/or drug trafficking crime; possession of firearms in furtherance of drug trafficking, illegal transfer of firearms, unlicensed firearm dealing, and conspiracy to violate federal gun laws. If convicted on all counts, each defendant faces a maximum sentence of life imprisonment. The defendants were arrested in Cleveland, Ohio on March 2, 2023, and both were recently ordered detained pending the outcomes of their cases.

According to the complaint, since 2021 undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), posing as Mexican cartel members, were introduced to Rodriguez Hilario as a trafficker of firearms that could be smuggled into Mexico. Undercover communications with Rodriguez Hilario and others discussed the purchase of AR-15s and rocket-propelled grenade launchers. One of the coconspirators described that he sold AR-15s and AK-47s to El Salvadorans and had cocaine available for distribution. Rodriguez Hilario further offered fentanyl to one of the agents to make pills.

Beginning in late-2021, members of the conspiracy sold or arranged for the sale of at least 90 rifles and one Mac-10-type machine gun with a silencer to undercover agents in the Middle District of Florida and Cleveland. In November 2022, an undercover agent told Rodriguez Hilario that his associates in Mexico were “battling and losing” and needed to purchase more firearms. On March 2, 2023, Rodriguez Hilario arranged to deliver 40 AM-15 multi-caliber firearms to the agents. Saleh, who acquired and assembled the parts to make the firearms, arrived at the meeting with Rodriguez Hilario and the agents. After an undercover agent inspected one of the boxes of firearms, both Rodriguez Hilario and Saleh were arrested. In post-arrest interviews with agents, both admitted to trafficking firearms.

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 Bureau of Alcohol, Tobacco, Firearms and Explosives in collaboration with the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. The Cleveland Division of Police, the Ohio State Highway Patrol, the Ohio Adult Parole Authority, and the Great Lakes Air and Marine Branch of U.S. Customs and Border Protection also provided assistance. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF. It is being prosecuted by Dan Baeza.

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Dallas Robinson, Jr. (22, Tampa) to six years and six months in federal prison for possessing a firearm as a convicted felon. Robinson had pleaded guilty on December 14, 2022. 

According to court documents, on December 26, 2021, in the Rivergrove neighborhood of Tampa, near the intersection of East Sligh Avenue and Rowlett Park Drive, Robinson was traveling as a passenger in a stolen vehicle being driven by another convicted felon. Both men were armed with fully loaded, semi-automatic pistols. Police officers followed the stolen vehicle until Robinson and the driver exited the vehicle. When ordered to stop, both men fled the stolen vehicle on foot, leaving behind their fully loaded pistols. During a search of the vehicle, officers recovered a loaded black SCCY CPX-1 9mm pistol on the driver’s seat, and a loaded black Springfield XDS (HS Produkt) .45 caliber pistol in the passenger side footwell. Latent fingerprints were lifted from the .45 caliber pistol and analyzed by a fingerprint examiner. One latent fingerprint was a match for Robinson. Additionally, officers recovered Robinson’s wallet and Florida identification card that had been left on the passenger seat near the pistol bearing Robinson’s latent print. Robinson and the driver were subsequently arrested.

At the time of the incident, Robinson had recently served 30 months in federal prison for convictions under the National Firearms Act in a prior federal criminal case and had been released 4 months prior to his arrest in this case.

This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney David W.A. Chee.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.     

Orlando, FL – Jelly Bean Communications Design LLC (Jelly Bean) and Jeremy Spinks have agreed to pay $293,771 to resolve False Claims Act allegations that they failed to secure personal information on a federally funded Florida children’s health insurance website, which Jelly Bean created, hosted, and maintained.

“Government contractors responsible for handling personal information must ensure that such information is appropriately protected,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will use the False Claims Act to hold accountable companies and their management when they knowingly fail to comply with their cybersecurity obligations and put sensitive information at risk.”

The Florida Healthy Kids Corporation (FHKC) is a state-created entity that offers health and dental insurance for Florida children ages five through 18. FHKC receives federal Medicaid funds as well as state funds to provide children’s health insurance programs. On Oct. 31, 2013, FHKC contracted with Jelly Bean for “website design, programming and hosting services.” The agreement required that Jelly Bean provide a fully functional hosting environment that complied with the protections for personal information imposed by the Health Insurance Portability and Accountability Act of 1996, and Jelly Bean agreed to adapt, modify, and create the necessary code on the webserver to support the secure communication of data. Jeremy Spinks, the company’s manager, 50% owner, and sole employee, signed the agreement. Under its contracts with FHKC, between 2013 and 2020, Jelly Bean created, hosted, and maintained the website HealthyKids.org for FHKC, including the online application into which parents and others entered data to apply for state Medicaid insurance coverage for children.

The settlement announced today resolves allegations that from January 1, 2014, through Dec. 14, 2020, contrary to its representations in agreements and invoices, Jelly Bean did not provide secure hosting of applicants’ personal information and instead knowingly failed to properly maintain, patch, and update the software systems underlying HealthyKids.org and its related websites, leaving the site and the data Jelly Bean collected from applicants vulnerable to attack. In or around early December 2020, more than 500,000 applications submitted on HealthyKids.org were revealed to have been hacked, potentially exposing the applicants’ personal identifying information and other data. The United States alleged that Jelly Bean was running multiple outdated and vulnerable applications, including some software that Jelly Bean had not updated or patched since November 2013. In response to this data breach and Jelly Bean’s cybersecurity failures, FHKC shut down the website’s application portal in December 2020.  

“Safeguarding patients’ medical and other personal information is paramount,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “This settlement demonstrates the commitment by my office and our partners to use every available tool to protect Americans’ health care data.”

“Companies have a fundamental responsibility to protect the personal information of their website users. It is unacceptable for an organization to fail to do the due diligence to keep software applications updated and secure and thereby compromise the data of thousands of children,” said Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG will continue to work with our federal and state partners to ensure that enrollees can rely on their health care providers to safeguard their personal information.”

On Oct. 6, 2021, the Deputy Attorney General announced the Department’s Civil Cyber-Fraud Initiative, which aims to hold accountable entities or individuals that put U.S information or systems at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols, or knowingly violating obligations to monitor and report cybersecurity incidents and breaches. Information on how to report cyber fraud can be found here.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S Attorney’s Office for the Middle District of Florida, with assistance from HHS-OIG.

The matter was handled by Trial Attorney Michael Hoffman and Assistant U.S. Attorney Jeremy Bloor.

The claims resolved by the settlement are allegations only. There has been no determination of liability.

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Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Joshua Earrey (44, Jacksonville) has been charged by criminal complaint with being an illegal user of narcotics while possessing firearms. If convicted, Earrey faces a maximum penalty of 15 years in federal prison.

According to the criminal complaint, Earrey unlawfully used a controlled substance and possessed a firearm from between at least as early as November 7, 2022, through December 5, 2022. He has been employed as a Florida Highway Patrol (FHP) Trooper for approximately 22 years and was assigned as a Task Force Officer with the Drug Enforcement Administration (DEA) since June 2020.

A complaint is merely a 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 is being investigated by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation, with assistance from United States Customs and Border Protection. It will be prosecuted by Assistant United States Attorney William Hamilton.

The United States Attorney’s Office, the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and United States Customs and Border Protection thank the Florida Highway Patrol and the Drug Enforcement Administration for their cooperation during this investigation.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that James Darrell Hickox (37, Callahan) has been charged by criminal complaint with possession with intent to distribute controlled substances. If convicted, he faces a mandatory minimum penalty of 5 years, up to 40 years, in federal prison.

According to the criminal complaint, Hickox possessed with intent to distribute cocaine, MDMA, and 40 grams or more of fentanyl. He has been employed with the Nassau County Sheriff’s Office for 17 years and formerly served as a Drug Enforcement Administration (DEA) Task Force Officer from March 2014 through September 2022.

A complaint is merely a 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 is being investigated by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation, with assistance from United States Customs and Border Protection. It will be prosecuted by Assistant United States Attorney William Hamilton.

The United States Attorney's Office, the Federal Bureau of Investigation, the Internal Revenue Service – Criminal Investigation, and United States Customs and Border Protection thank the Nassau County Sheriff’s Office and the Drug Enforcement Administration for their cooperation during this investigation.

Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Cedric Durham, Jr. (22, Tampa) to four years in federal prison for possessing a firearm as a convicted felon. Durham had pleaded guilty on November 28, 2022.

According to court documents, on March 6, 2022, a shooting occurred at the Pin Chasers Bowling Arcade in Tampa. Durham was the initial target and after being shot at, returned fire. Law enforcement arrived on scene as individuals were dispersing from the area in fear. Durham was arrested shortly after the shooting, after law enforcement observed him leaving the scene. The vehicle in which Durham was traveling was stopped and a firearm was found in Durham’s possession. The firearm matched the forensic evidence at the scene indicating that Durham had returned fire using 30 rounds of ammunition.

Durham was previously convicted of a felony offense and, therefore, is 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 Attorney Maria Guzman.

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, 2021m 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 – Senior U.S. District Judge Virginia M. Hernandez Covington has sentenced seven Mexican and Ecuadorian nationals to federal prison for their roles in a plan to smuggle more than $20 million of cocaine from South America to Central America in a vessel subject to the jurisdiction of the United States. The individuals were sentenced to the following prison terms:

Name Age, Residence Sentence Imposed Luis Alberto Bran-Lopez 43, Oaxaca, Mexico 21 years, 10 months Isaac Enriquez Oyando 34, Chiapas, Mexico 21 years, 10 months Romeo Santos Hernandez 37, Paredon, Mexico 20 years Juan Hernandez 45, Mexicali, Mexico 21 years, 10 months John Dario Macias Agua 34, Ecuador 21 years, 10 months Jaime Velez Arcentales 40, Manabi, Ecuador 21 years, 10 months Eddy Anchundia Velez 32, Jaramillo, Ecuador 21 years, 10 months

 

Bran-Lopez pleaded guilty on April 15, 2022. Enriquez-Oyando, Santos-Hernandez, Macias Agua, Velez Arcentales, and Anchundia Velez were convicted at trial on August 19, 2022. Juan Hernandez pleaded guilty on November 21, 2022.

According to court documents and trial evidence, these individuals were part of a seven-person crew smuggling 760 kilograms of cocaine from South America to Mexico. On January 14, 2021, aerial surveillance spotted a suspicious vessel in international waters more than 200 miles south of Huatulco, Mexico. A law enforcement detachment from the U.S. Coast Guard Cutter Steadfast interdicted the vessel and found the seven crew members in the process of trying to throw bales of cocaine overboard. Evidence was presented that the vessel departed South America and rendezvoused with a boat from Mexico to transport the cocaine to shore. However, the Mexican vessel experienced engine troubles, and all seven conspirators had to travel in the slower South American vessel until the Coast Guard interdicted them.

During the trial, the defendants from Mexico claimed that they were tricked into going on a drug trip and the defendants from Ecuador claimed they were adrift at sea and rescued shortly before the Coast Guard showed up. At trial, the jury heard evidence that investigators learned of a plan that one of the seven coconspirators would plead guilty and then provide false information to law enforcement exonerating the others. Bran-Lopez, who the evidence showed was the captain of the Mexican go-fast vessel that broke down during the smuggling operation, was the designated “fall guy.” He pleaded guilty and then testified for the defense that he tricked his codefendants into thinking they were going on a fishing trip because his family had been kidnapped. While at sea, his coconspirators found Macias Agua, Velez Arcentales, and Anchundia Velez adrift in another vessel. However, the timeline of events in Bran-Lopez’s testimony did not match evidence obtained from searches of cellphones and GPS data showing that he and his coconspirators were at sea days before he claimed the kidnapping happened. Trial evidence also showed that Juan Hernandez had a prior federal trafficking conviction, and at sentencing the court considered evidence of Anchundia Velez having a drug trafficking conviction in Ecuador that is pending appeal.

The Court found that each defendant obstructed justice through the scheme to have Bran-Lopez provide false information at trial. Bran-Lopez, specifically, obstructed justice when he gave false information to agents, and the codefendants obstructed justice when trying to benefit from Bran-Lopez’s trial testimony, knowing that it was false.

This case was investigated by the Panama Express Strike Force, an Organized Crime Drug Enforcement Task Force (OCDETF) comprised of agents and analysts from the United States Coast Guard Investigative Service, Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the Naval Criminal Investigative Service, and U.S. Southern Command's Joint Interagency Task Force South. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF. The case was prosecuted by Assistant United States Attorneys David Pardo and Dan Baeza.

Ocala, Florida – Senior United States District Judge Gregory A. Presnell has sentenced Ricky Darnell Franklin, Jr. (31, Ocala) to three years and four months in federal prison for possessing a firearm as a convicted felon. The court also ordered the forfeiture of the handgun and ammunition used in the offense. Franklin had pleaded guilty on December 12, 2022.

According to court records, Franklin has four prior state felony convictions, including two convictions for attempted second degree murder with a firearm (2010), shooting at or into an occupied vehicle (2010), and possession of a firearm by a delinquent (2010). On September 30, 2021, officers from the City of Ocala Police Department stopped a vehicle in which Franklin was a passenger and recovered methamphetamine and a loaded handgun from the car. Laboratory testing by the FBI conclusively showed Franklin’s DNA on multiple parts of the loaded firearm, including the trigger. As a convicted felon, Franklin is prohibited from possessing firearms and ammunition under federal law.

This case was investigated by the City of Ocala Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.

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 return of an indictment charging Luis Alberto Villazon (63, Fort White) with wire fraud, theft of government property, making false statements to a federal agency, fraudulent use of a Social Security number, and aggravated identity theft. If convicted, the wire fraud charges each carry a maximum penalty of 20 years in federal prison, theft of government property carries a maximum penalty of 10 years’ imprisonment, the false statements and fraudulent use of a Social Security number charges each carry a maximum penalty of 5 years, and the aggravated identity theft charges each carry a mandatory 2-year sentence, at least one of which must run consecutively to any other sentence. The indictment also notifies Villazon that the United States intends to seek forfeiture of approximately $50,000, the estimated amount of proceeds obtained as a result of the offenses.

According to the indictment and other court documents, in 1998, Villazon, who had previously lived in New York, applied for and obtained a Florida driver license using the name, date of birth, and Social Security number of a person who was born in New York in July 1959, and died in New York in 1976. Villazon was born in August 1959. Villazon renewed the license several times, on one occasion presenting a New York birth certificate and a Social Security document under the false identity. During the same time-period, Villazon obtained and renewed a license in his real name. Both licenses were still valid at the end of 2022.

Beginning in 2011, Villazon applied for and obtained Supplemental Nutrition Assistance Program (SNAP) benefits, formerly called food stamps, under both the false identity and his true identity. The program required Villazon to submit renewal applications about every six months and each time he applied under the false identity, he provided the name, date of birth, and Social Security number of the person who died in 1976. Villazon received benefits totaling $25,388 under the false identity through December 2022 and received benefits under his real name totaling $22,902 through November 2021.

An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by Homeland Security Investigations (HSI), the Department of Agriculture – Office of Inspector General, the Social Security Administration – Office of the Inspector General, and the Columbia County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

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Tampa, Florida – United States Attorney Roger B. Handberg announces that Clinton Justesen (48, Sebring) has pleaded guilty to possessing a firearm as a convicted felon and possessing methamphetamine with the intent to distribute it.  Justesen faces a maximum penalty of 15 years in federal prison for the firearm offense and up to 20 years’ imprisonment for the drug offense. A sentencing date has not yet been set.

According to the plea agreement, on September 9, 2022, deputies from the Sarasota Sheriff’s Office stopped a truck driven by Justesen near the intersection of Williamsburg Street and North Lockwood Ridge Road in Sarasota. Justesen was towing a motorcycle which had been reported stolen on August 23, 2022. A search of Justesen’s truck and the trailer carrying the motorcycle yielded multiple firearms, hundreds of rounds of ammunition of different calibers, approximately 12.6 grams of methamphetamine, a vacuum sealer, a digital scale, assorted pills and tablets of various colors, and approximately $12,000. 

The firearms found in Justesen’s truck included a HS Produkt XD9 9mm pistol, a Smith & Wesson M&P 9 Shield 9mm pistol, and an Anderson Manufacturing AM-15 .223/5.56mm caliber rifle with an installed vertical foregrip.

At the time, Justesen had multiple prior felony convictions including vehicular homicide, leaving the scene of a crash with death, armed robbery, and felon in possession of a firearm. As a previously convicted felon, Justesen is prohibited from possessing firearms or ammunition under federal law. Justesen admitted to selling narcotics, possessing the firearms, and that he needed the firearms for his protection during his drug dealing activities.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David W.A. Chee.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Daniel Stephen King (28, Kissimmee) to 10 years in federal prison for possessing firearms and ammunition as a convicted felon. The court also ordered King to forfeit nine firearms and multiple rounds of ammunition. A federal jury had found King guilty on November 14, 2022.

According to testimony and evidence presented at trial, on April 23, 2022, the Osceola County Sherriff’s Office was called to King’s residence due to a domestic disturbance. When the deputies arrived, a resident of the house frantically ran outside with her four-year old daughter. The deputies were informed that King had a large number of firearms and ammunition in the house and that King had strapped on a bullet proof vest. At the time, King was a convicted felon who was on probation and prohibited from possessing firearms or ammunition. The deputies surrounded the house, and after approximately two hours, they persuaded King to come out and surrender. A warrant was obtained to search the residence and nine firearms were recovered, including three rifles, hundreds of rounds of ammunition, and a ballistic vest. A rifle safe, multiple gun lockboxes, magazines, and an ammunition can were also recovered from inside of the house.

King has a criminal history that includes multiple firearms offenses for which he served prison time, as well as violations of probation.

This case was investigated by the Osceola County Sheriff’s Office, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney John M. Gardella.

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 – U.S. District Judge Sheri Polster Chappell has sentenced Robert Steven Harrelson (45, Arcadia) to 21 years and 10 months in federal prison for possessing with the intent to distribute 50 grams or more of methamphetamine. The court also ordered Harrelson to forfeit a firearm and ammunition possessed during the offense. Harrelson had pleaded guilty on November 30, 2022.

According to court records, on April 28, 2019, deputies from the DeSoto County Sheriff’s Office attempted to conduct a traffic stop on a vehicle driven by Harrelson in the Forest Pines area of Arcadia. Instead of stopping his vehicle, Harrelson accelerated away from deputies until his vehicle became disabled after striking a power pole and a tree. Harrelson then ran from his vehicle before he was apprehended and arrested by pursuing deputies. Inside his vehicle, deputies located several large plastic bags filled with more than 100 grams of crystal methamphetamine and a loaded handgun. At the time of his offense, Harrelson was a previously convicted felon, including having two prior convictions for possessing with intent to distribute methamphetamine.

This case was investigated by the Drug Enforcement Administration and the DeSoto County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Simon R. Eth.

 

Tampa, FL – U.S. District Judge Kathryn Mizelle has sentenced Marques Howard (31, Tampa) to 17 years and 3 months in federal prison for Hobbs Act robbery, conspiracy to commit that robbery, discharging a firearm in furtherance of a crime of violence, and possessing a firearm as a convicted felon. As a part of the sentence, Howard was also ordered to forfeit the firearm and ammunition involved in the offenses. Howard had pleaded guilty on December 5, 2022.

According to court documents, on April 20, 2022, Howard robbed an individual at their residence in the Tampa area. During the robbery, Howard discharged his firearm, shooting the victim in the leg. Howard has a prior conviction for robbery, and as a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture was handled by Assistant United States Attorney Suzanne Nebesky.

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 Steven D. Merryday has sentenced Demetrius Haynes (37, Tampa) to 14 years in federal prison for conspiracy to possess with the intent to distribute fentanyl and cocaine, and possession with the intent to distribute fentanyl and cocaine. Because of Haynes’s lengthy criminal history, he was designated a Career Offender for purposes of sentencing. The court also ordered Haynes to forfeit $6,000 received from the sale of a Nissan Maxima which had been used by Haynes to facilitate the drug trafficking conspiracy. The Bureau of Alcohol, Tobacco, Firearms and Explosives had previously administratively forfeited approximately $46,161 that was traceable proceeds of the charged offenses, a Jimenez Arms pistol, and 34 rounds of ammunition. Haynes had pleaded guilty on August 29, 2022.

According to court documents, in January 2021, state and federal law enforcement began an investigation targeting fentanyl distribution in the Tampa area. During that investigation, agents identified Haynes as one of those distributors. As part of the investigation, law enforcement engaged in multiple undercover narcotics transactions with Haynes where they purchased fentanyl and cocaine from him. They made purchases of fentanyl and cocaine directly from Haynes on two occasions in January 2021 and four occasions in February 2021.

On February 12, 2021, the day of the final drug sale and Haynes’s arrest, ATF agents, assisted by the Tampa Police Department, executed a search warrant at Haynes’s residence. During the search, agents seized additional amounts of cocaine and fentanyl, a safe that contained approximately $34,000, a Jimenez Arms .380 caliber firearm, currency totaling approximately $6,850, approximately 30 rounds of ammunition, and an extended magazine.

This case was investigated by ATF and the Tampa Police Department. It was prosecuted by Assistant United States Attorney 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 Charlene Edwards Honeywell has sentenced Justin Kelly (36, New Port Richey) to concurrent terms of life in prison for conspiracy to distribute 40 grams of fentanyl resulting in death and distribution of fentanyl resulting in death, and 15 years’ imprisonment for three counts of possession/distribution of fentanyl and possessing a firearm as a convicted felon. A federal jury had found Kelly guilty on November 16, 2022.

According to evidence presented at trial, Kelly was a supplier of fentanyl in Pasco County. He used addicts to sell the drug for him and yielded profits of thousands of dollars per day. In the early hours of November 18, 2020, “E.L.” was found face down in his kitchen by his wife, while his stepchildren were asleep a few feet away. Detectives from the Pasco Sheriff’s Office learned that a dealer named Steven Kinney had supplied the fentanyl. Kinney identified Kelly as his supplier. Search warrants executed at Kelly’s motel room and a storage unit resulted in the seizures of additional fentanyl, cash, kilogram presses, digital scales, and an M&P 15 rifle. Cellphone records corroborated that Kelly was the supplier of the fentanyl that Kinney had distributed to “E.L.” before he died.

Kinney previously pleaded guilty to conspiracy to distribute and possession with the intent to distribute fentanyl. He was sentenced on January 4, 2023, to four years and nine months in federal prison.

This operation is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by the Drug Enforcement Administration and the Pasco Sheriff’s Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Tarpon Springs Police Department. It was prosecuted by Assistant United States Attorneys Lauren Stoia and Dan Baeza. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

 

Fort Myers, Florida – United States Attorney Roger B. Handberg announces that Diane Durbon and Brittany Lukasik, both of Cape Coral, today pleaded guilty to conspiracy to commit wire fraud. Lukasik also pleaded guilty to filing a false tax return. Durbon and Lukasik each face a maximum penalty of 20 years in federal prison for conspiracy to commit wire fraud, and Lukasik also faces a maximum penalty of 3 years’ imprisonment for filing a false tax return. As part of their guilty pleas, Durbon and Lukasik have agreed to forfeit a 2016 Nissan Rogue, 2020 Kia Sorento, real property in Cape Coral, and approximately $542,760.23, which are traceable to proceeds of the offenses.

According to the plea agreement, Durbon and her daughter, Lukasik, a registered nurse, were first hired in approximately 2016 to be caretakers for T.H., the 92-year-old victim. In October 2017, Durbon began unlawfully accessing T.H.’s investment accounts. To unlawfully gain access to the investment accounts, Durbon would place T.H. on the phone to answer various account security questions. Video surveillance cameras that Durbon had installed inside T.H.’s home captured Durbon putting a script that contained answers to account security questions in front of T.H. before and during each phone call.

After being given authorization to speak to the investment account representative on T.H.’s behalf, Durbon would move funds from T.H.’s investment accounts into a Prime Money Market Account (PMMA) that also functioned as a checking account. After transferring the funds, checks were unlawfully issued to Lukasik, ranging in amounts from $1,000 to $9,600, which were deposited into bank accounts that Lukasik controlled and maintained. Between November 2017 and July 2019, approximately $231,659 in checks were issued to Lukasik from T.H.’s PMMA account.

Beginning in approximately November 2018, Durbon also unlawfully gained access to T.H.’s annuity policy, similarly to how she had unlawfully gained access to T.H.’s investment accounts. In January 2019, Durbon faxed a fraudulent Annuity Withdrawal form which misrepresented that T.H. wanted to cash out her annuity policy. This caused the annuity company to issue a check to T.H. in the amount of $244,521.09. The check was deposited into one of T.H.’s checking accounts. After the check was deposited, approximately 92 checks, totaling $372,092.98, were issued to Lukasik from T.H.’s checking account between February 2019 and March 2020. The checks were deposited into bank accounts that Lukasik controlled and maintained. Moreover, Lukasik failed to report receipt of any of T.H.’s funds in her 2019 tax return.

In total, between January 2019 and March 2020, approximately $542,760.23 in fraudulently obtained funds were deposited into Lukasik’s accounts. After the funds were deposited, Lukasik and Durbon used the funds to pay off debt and make a variety of purchases. Those purchases included paying $26,354.05 for a 2018 Nissan Rogue, $17,735.17 to pay off a car loan, more than $29,000 to pay student loan debt, and more than $100,000 in credit card payments. Lukasik and Durbon also used the funds to purchase a duplex in Cape Coral, and more than $100,000 of the fraudulently obtained proceeds were used to buy electronics, furniture, and to remodel the duplex.

This case was investigated by the United States Secret Service, the Lee County Sherriff’s Office, and the IRS – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Trent Reichling.

Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness.