Middle District of Florida
Press releases recorded for this federal judicial district.
Owner of Farm Labor Company Sentenced to 118 Months in Prison for Leading a Multi-State Conspiracy Involving Forced Labor of Mexican Farm WorkersRead the Press Release
Tampa, FL - Bladimir Moreno, 55, was sentenced for leading a federal racketeering and forced labor conspiracy that victimized Mexican H-2A agricultural workers in the United States between 2015 and 2017. U.S. District Court Judge Charlene Edward Honeywell of the Middle District of Florida sentenced Moreno to 118 months in prison with three years of supervised release and ordered him to pay over $175,000 in restitution to the victims.
Moreno, the owner of Los Villatoros Harvesting LLC (LVH), the labor contracting company that employed the workers, was charged in September 2021 and pleaded guilty earlier this year to conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) and conspiracy to commit forced labor. Two of Moreno’s co-defendants previously pleaded guilty to conspiracy under RICO, and a third, Guadalupe Mendes, 45, pleaded guilty to conspiring to obstruct a federal investigation. They were sentenced in October 2022. Rodas, a citizen of Mexico, who worked for LVH as a recruiter, manager and supervisor, received 41 months in prison. Gamez, a U.S. citizen, who worked for LVH as a bookkeeper, manager and supervisor, received 37 months in prison. Mendes, a U.S. citizen, who worked for LVH as a manager and supervisor, received eight months of home detention and a $5,500 fine to be paid over 24 months of supervised release.
“Human trafficking, including forced labor campaigns that exploit vulnerable workers, is unlawful, immoral and inhumane,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This defendant abused his power as a business owner to capitalize on the victims’ vulnerabilities and immigration status, luring those seeking a better quality of life with false promises of lawful work paying a fair wage. The defendant forced Mexican agricultural workers to labor under inhumane conditions, confiscated their passports, imposed exorbitant fees and debts, and threatened them with deportation or false arrest. The Department of Justice is committed to seeking justice for survivors of forced labor campaigns, holding perpetrators accountable and stripping wrongdoers of their illegal profits.”
“Forcing individuals to work against their will using abusive and coercive tactics is not only unconscionable but illegal,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We will continue to work with our task force partners to combat human trafficking in all its forms, including prosecuting those who exploit vulnerable workers.”
According to court documents, Moreno owned, operated and managed LVH — a farm labor contracting company that brought large numbers of temporary, seasonal Mexican workers into the United States on H-2A agricultural visas — as a criminal enterprise. Moreno compelled victims to work in Florida, Kentucky, Indiana, Georgia and North Carolina, and he engaged in a pattern of other racketeering activity that included visa fraud and fraud in foreign labor contracting, among other things. In order to facilitate the enterprise, Moreno made false statements in applications to federal agencies for the company to be granted temporary, H-2A agricultural workers. Moreno and his co-conspirators also made false promises to the Mexican farm workers themselves to encourage them to work for LVH and then charged them inflated sums to come into the United States on H-2A visas.
Once the immigrants arrived in the United States, Moreno and his co-conspirators coerced over a dozen of them into providing long hours of physically demanding agricultural labor, six to seven days a week, for de minimis pay. Moreno and his co-conspirators used various forms of coercion, including imposing debts on the workers; confiscating their passports; subjecting them to crowded, unsanitary and degrading living conditions; harboring them in the United States after their visas had expired; and threatening them with arrest and deportation if they failed to comply with Moreno’s and his co-conspirators’ demands. Later, in an attempt to conceal the criminal enterprise from federal investigators, Moreno created and provided to investigators fraudulent records that contained falsified information about the workers’ pay and hours, and repeatedly made false statements to federal investigators.
Assistant Attorney General Clarke, U.S. Attorney Handberg and Acting Special Agent in Charge DeWitt announced the sentence.
The Palm Beach County Human Trafficking Task Force, which includes the FBI, Homeland Security Investigations and the Palm Beach County Sheriff’s Office investigated the case. The Task Force received assistance from the Department of Labor Office of the Inspector General, the Department of Labor Wage and Hour Division, the Department of State Diplomatic Security Service, the Coalition of Immokalee Workers, Colorado Legal Services Migrant Farm Worker Division, Legal Aid Services of Oregon Farmworker Program and Indiana Legal Services Worker Rights and Protection Project.
Assistant U.S. Attorney Ilyssa Spergel for the Middle District of Florida and Trial Attorneys Avner Shapiro, Maryam Zhuravitsky and Matthew Thiman of the Civil Rights Division’s Criminal Section are prosecuting the case.
Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org. Information on the Department of Justice’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.
State Prisoner Pleads Guilty to Threatening to Kill Federal JudgeRead the Press Release
Jacksonville, Florida –United States Attorney Roger B. Handberg announces that Curtis Brown (35, Raiford) has pleaded guilty to threatening to murder a federal judge in retaliation for performing his official duties and mailing a letter to a federal judge threatening to kill the judge and his family. Brown faces a maximum penalty of 10 years in federal prison on each count. A sentencing date has not yet been set.
According to court documents, Brown was in the Florida State Prison in Raiford serving a state sentence when he sent a letter dated November 30, 2021, to a federal judge’s chambers. The letter was handwritten, addressed to the judge from Brown, and indicated it was sent in retaliation. The letter stated that the judge’s “recent refusal to grant warranted relief” gave Brown no other choice but to use his federal stimulus money to pay for someone to kill the judge. Brown stated that if he could not get to the judge in time, he would settle for a member of the judge’s family. The letter was signed by Brown and beneath his signature was a statement that the letter better stay between them, or it would get worse.
This case was investigated by the United States Marshals Service and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Kirwinn Mike and Ashley Washington.
Tampa Area Man Pleads Guilty to Series of Convenience Store RobberiesRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Enrique Marquez (26, Tampa) has pleaded guilty to four robberies, conspiracy to commit those robberies, and two counts of brandishing a firearm during a crime of violence while committing those robberies. Marquez faces up to 20 years on each of the robbery counts and the conspiracy count. For the firearms offenses, he faces a minimum mandatory penalty of 7 years, up to life, in federal prison, consecutive to any other sentence imposed. A sentencing date has not yet been set.
According to court documents, on May 5, 2022, Marquez and his co-defendants robbed two convenience stores in the Tampa area. During the robberies, Marquez brandished a firearm. The next morning, Marquez and his co-defendants robbed two more Tampa area convenience stores in the same manner. Additionally, on May 1, 2022, Marquez and one of his co-defendants attempted to rob an individual to obtain narcotics.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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.
Jacksonville Convicted Felon Sentenced to Nearly Five Years in Federal Prison for Possessing A FirearmRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Stephan Marshall (35, Jacksonville) to four years and nine months in federal prison for possessing a firearm as a convicted felon. The court also ordered Marshall to forfeit the ammunition and firearms involved in the offense. Marshall had pleaded guilty on September 22, 2022.
According to court documents, on April 10, 2022, Marshall was arrested during a traffic stop in Jacksonville. Officers recovered two firearms and narcotics from the vehicle. Marshall’s three-month-old infant was in the back seat of the vehicle. Marshall had previously been convicted of multiple felony offenses and therefore is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Jacksonville Sherriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney John Cannizzaro. The forfeiture was 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.
Former Jacksonville Sheriff’s Office Emergency Dispatcher Sentenced to 60 Years in Federal Prison for Producing and Distributing Photos and A Video of Himself Sexually Abusing Two Young ChildrenRead the Press Release
Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Scott Matthew Yotka (48, Jacksonville) to 60 years in federal prison for producing and distributing photos and a video depicting himself as he sexually abused two young children. Yotka was also ordered to serve a lifetime term of supervised release and register as a sex offender. Yotka was arrested on September 17, 2021, and has been detained since then. He had pleaded guilty on May 13, 2022.
According to court documents, on September 15, 2021, Yotka, using the name “Scottnjax44,” engaged in online private conversations using a particular social media application (app) with an undercover FBI task force officer (UC) in Washington, D.C. Yotka discussed his ongoing sexual exploitation of children in graphic detail and stated that he had access to two very young children whom he enjoyed molesting. Yotka commented that these children “squirm … and have that look like let’s just get this over with” whenever he sexually abused them. Yotka sent the undercover officer several photos and a video depicting two young children being sexually abused by Yotka. When the UC asked how he kept the children quiet about the molestation, Yotka replied that “they [are] young and don’t talk lol.” The FBI traced this online messaging to Yotka’s residence in Jacksonville and also determined that the same “Scottnjax44” user account was accessed from the City of Jacksonville offices located in the Ed Ball Building in downtown Jacksonville. Agents then coordinated with the Jacksonville Sheriff’s Office (JSO) and confirmed that Yotka was at that time employed by JSO as a Police Emergency Communications Officer. Late in the evening on September 16, 2021, a federal search warrant was obtained for Yotka’s residence.
Early in the morning on September 17, 2021, the FBI, assisted by the JSO, executed the search warrant and made contact with Yotka at his residence. During an interview with law enforcement, Yotka confirmed that he was the administrator of a chat room on the social media app for individuals interested in “incest fetishes, little kid things, [and] animal things.” Yotka admitted sending explicit pictures of young children to another app user. He also admitted taking photos of these children as he molested them and used a particular foreign object to sexually abuse them. Yotka stated “I know what I did” and “I’m not proud of what I did.” An FBI forensic examiner was able to recover from Yotka’s cellphone the same photos and video depicting Yotka sexually abusing these two children that Yotka had sent to the UC on September 15, 2021.
“The exploitation of children requires swift and aggressive law enforcement action, which is exactly what occurred in this case,” said Sherri E. Onks, Special Agent in Charge of FBI Jacksonville. “Our children are among the most vulnerable members of our community, and the FBI works diligently alongside our partners to locate individuals who seek to harm them. All predators, especially those in positions of community service, should know that we will stop at nothing to find and stop you, and seek justice for innocent victims.”
This case was investigated by the Federal Bureau of Investigation in Jacksonville and Washington, D.C., and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown. Assistant United States Attorney Mai Tran handled the forfeiture of assets.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue child victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Convicted Felon Pleads Guilty to Robbery and Discharging A Firearm in Furtherance of A Crime of ViolenceRead the Press Release
Tampa, FL - United States Attorney Roger B. Handberg announces that Marques Howard (31, Tampa) has pleaded guilty to 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. Howard faces up to 20 years in federal prison for the robbery offense, up to 20 years for the conspiracy offense, and up to 10 years for the possession of the firearm offense. The discharging of the firearm charge carries a minimum mandatory term of imprisonment of 10 years, up to life, in federal prison to run consecutive to any other term of imprisonment. Howard has also agreed to forfeit the firearm and ammunition traceable to the offense. A sentencing date has not yet been set.
According to court documents, on April 20, 2022, Howard robbed an individual at their residence in the Tampa area. During the robbery, Howard, a convicted felon, discharged his firearm. As a previously convicted felon, Howard 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.
St. Augustine Man Sentenced to More Than Seven Years in Federal Prison for Distributing Child Sex Abuse MaterialRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Patrick Joseph McAloon (67, St. Augustine) to 7 years and 2 months in federal prison for distributing videos and images of children being sexually abused. The court also ordered McAloon serve a 10-year term of supervised release and pay $15,000 to victims of his offenses. McAloon had pleaded guilty on July 28, 2022.
According to court documents, in November 2021, agents from Homeland Security Investigations (HSI) received information from two individuals who had found a cellphone in a public restroom at a home improvement store in St. Augustine. The individuals turned the phone on in an attempt to determine the owner and return the phone. Upon viewing the phone’s photo gallery, they observed an image of a child who appeared to be 3 years old being sexually assaulted by an adult male. The individuals observed hundreds of additional files showing children being sexually abused. Soon after, the found phone rang and it was McAloon, requesting the return of his phone. When the individuals confronted McAloon about the abusive content, he claimed it was a wake-up call and offered the individuals $2,000 for the return of his phone. McAloon met with the individuals, paid them $2,000, and retrieved the phone. The individuals later contacted law enforcement to report the incident.
After a thorough investigation, HSI agents made contact with McAloon. He reported that he had since obtained a new phone and said that he is in touch with an individual in the Philippines to whom he sends money and who sends McAloon files showing the sexual abuse of children. McAloon acknowledged that there was probably child sexual abuse material on his new phone.
A forensic search of McAloon’s cellphone, which was seized by agents, yielded at least 194 files of child sexual abuse material and more than 450 files of child exploitation/age difficult material. Forensic analyses revealed that McAloon used a social media app to distribute child sexual abuse material, to include a video file he had sent to a certain app user on December 5, 2021, using username “Patrick,” depicting an adult male sexually abusing a young child.
“This predator fed his perversion through a steady stream of explicit imagery and videos of children being sexually abused,” said Homeland Security Investigations (HSI) Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to the dedication of our special agents and the concern of citizens who discovered the imagery, justice is served. Our communities are made safer for children when citizens recognize deviant behaviors and reach out to law enforcement.”
This case was investigated by Homeland Security Investigations (HSI). It was being prosecuted by Assistant United States Attorney Kelly S. Karase.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Four Drug Dealers Sentenced to Federal Prison for Conspiracy to Distribute CocaineRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced four individuals to federal prison terms for their roles in a conspiracy to distribute cocaine. Edgar Ortiz Lopez (30, Jacksonville) was sentenced to 5 years and 10 months, Jeffrey Rivera Gomez (39, Puerto Rico) was sentenced to 4 years and 8 months, Yaddiel Ortiz Lopez (26, Jacksonville) was sentenced to 2 years and 9 months, and Cassidy E. Martinez Iglesias (30, Jacksonville) was sentenced to 2 years and 6 months. Each had previously pleaded guilty.
According to court documents, between January 2020 and February 2021, Yaddiel Jesus Ortiz Lopez (“Yaddiel”), Edgar Yandell Ortiz Lopez (“Edgar”), and Iglesias obtained multi-kilogram quantities of cocaine from Gomez in Puerto Rico and distributed it in Jacksonville. Law enforcement officers with the United States Postal Inspection Service and Homeland Security Investigations (HSI) learned that the cocaine was being shipped from Puerto Rico to Jacksonville via the United States Postal Service and then delivered to various locations in Jacksonville for further distribution.
On January 4, 2021, during a routine inspection of parcels at the mail facility on Kings Road in Jacksonville, law enforcement officers found a suspicious package addressed to Gomez in Puerto Rico. After obtaining a search warrant, law enforcement opened the package which contained $88,990 in cash in a shoebox and a GPS tracker. The money was seized and forfeited. Video surveillance from the post office revealed that Edgar had mailed the package.
The U.S. Postal Inspection Service, Homeland Security Investigations (HSI), and the Jacksonville Sheriff’s Office worked together and located records for 40 parcels that were associated with Yaddiel, Edgar, Gomez, and Iglesias. The conspirators were responsible for the distribution of up to 50 kilograms of cocaine.
“The introduction of illicit narcotics continues to ravage our communities and rip families apart,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “The sentencings of these criminals to a combined 189 months in federal prison is a testament to the dedication of HSI special agents, the U.S. Postal Inspection Service, and the Jacksonville Sheriff’s Office in stopping the influx of dangerous narcotics into our communities and households.”
This case was investigated by Homeland Security Investigations (HSI), the U.S. Postal Inspection Service, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Julie Hackenberry.
Georgia Man Sentenced to 14 Years in Federal Prison for Submitting More Than $2.9 Billion in False Tax Claims to the IRSRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II has sentenced David O. Isagba to 14 years in federal prison for mail fraud and conspiring to defraud the United States with respect to tax claims. This sentence was imposed consecutively to Isagba’s 2022 conviction for possession of child pornography from the Eastern District of New York.
David Isagba and his wife, Joyce Isagba, were indicted on the tax charges on May 27, 2020. David Isagba pleaded guilty on March 29, 2022. Joyce Isagba was convicted after a jury trial on June 16, 2022. She is scheduled for sentencing on March 16, 2023.
According to the plea agreement and other court documents, David Isagba submitted 227 fraudulent claims to the IRS from 2009 through 2019, falsely claiming to be entitled to more than $2.9 billion in tax refunds on behalf of nonexistent trusts. He subsequently received a total of $5,815,723.65 from the IRS as a result of this fraudulent scheme. Among other things, Isagba used the funds to purchase a home and multiple luxury vehicles.
“The defendant attempted to steal nearly $3 billion from the U.S. Treasury and used the millions he was able to swindle to lavish himself with exorbitant personal luxuries. Today’s sentencing now holds Isagba accountable for his egregious financial crimes and brazen scams,” said Ronald A. Loecker, IRS-CI Acting Special Agent in Charge. “This significant prison term is all the more satisfying given David Isagba’s conviction for possessing child
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorneys William S. Hamilton and Hannah J. Nowalk.
Tampa Felon Pleads Guilty to Possessing Loaded Firearm Months After Release from Federal PrisonRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Dallas Robinson, Jr. (29, Tampa) has pleaded guilty to possessing a firearm as a convicted felon. Robinson faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set. Robinson has also agreed to forfeit a .45 caliber pistol and ammunition, which are traceable to the offense.
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.
Robinson had recently served 30 months in federal prison for convictions under the National Firearms Act in a prior federal criminal case, and was 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 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.
Sexual Predator Pleads Guilty to Receipt of Child Sex Abuse ImagesRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Dennis William Sheffield, Jr. (52, Keystone Heights) has pleaded guilty to receipt of child sex abuse images. Sheffield faces a minimum mandatory penalty of 15 years, up to 40 years, in federal prison. He has agreed to pay restitution to the victims of his offenses and he also faces a potential life term of supervised release. The court previously ordered Sheffield detained pending the completed proceedings in this case.
According to the plea agreement, in February 2022, Homeland Security Investigations (HSI) began investigating Sheffield as part of its investigation into a CyberTip from the National Center for Missing and Exploited Children. The CyberTip indicated child sex abuse images had been uploaded to a search engine. An Internet Protocol (IP) address for the individual who had uploaded the materials was traced to Sheffield. Law enforcement learned that Sheffield was listed as a predator on the Florida Department of Law Enforcement’s Sexual Offenders and Predators registry as a result of two prior convictions (1996) for attempted sexual battery on a child under the age of 12.
On March 3, 2022, based on the CyberTip and the identification of Sheffield as the subject of the CyberTip, law enforcement obtained a federal search warrant for Sheffield’s residence. The following day, law enforcement executed the search warrant and encountered Sheffield, who was holding a cellphone in his hand. A preliminary examination of the phone revealed multiple files depicting the sexual abuse of children on the phone. Sheffield admitted to law enforcement that he had a problem and that he liked looking at child sex abuse images, which he admitted to having viewed as recently as a couple of days earlier. Sheffield also admitted to saving some of the images on his phone.
This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Ashley Washington. The forfeiture is being handled by Assistant United States Attorney Mai Tran.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Man Charged with Possessing A Stolen FirearmRead the Press Release
Jacksonville, Florida –United States Attorney Roger B. Handberg announces the return of an indictment charging Jonathan Donte Rogers, Jr. (21, Jacksonville) with possessing a stolen firearm as well as not registering the firearm, which was a short-barreled rifle. If convicted of the offenses, he faces up to 10 years in federal prison on each count. The indictment also notifies Rogers that the United States intends to forfeit the firearms and ammunition traceable to the offense (see photo below).
According to court documents, on September 6, 2022, Rogers illegally possessed a stolen short-barreled rifle that belonged to a Jacksonville Sheriff’s Officer. Rogers posted a video of himself possessing the rifle on social media. Possessing a stolen firearm and possessing a short-barreled rifle without properly registering it are violations of 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 Jacksonville Sheriff’s Office. It will be 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.
Jacksonville Man Charged with Illegal Purchase of A FirearmRead the Press Release
Jacksonville, Florida –United States Attorney Roger B. Handberg announces the return of an indictment charging Pernell Dewayne Bodiford, Jr. (24, Jacksonville) with illegally purchasing a firearm by providing a false statement to a federal firearms dealer. If convicted, he faces a maximum penalty of 10 years in prison. The indictment also notifies Bodiford, Jr. that the United States intends to forfeit the firearms and ammunition traceable to the offense.
According to the indictment, on July 2, 2021, Bodiford, Jr. bought a Glock pistol from Cash City Pawn of Jacksonville by providing false information intended to deceive the dealer. Bodiford, Jr. provided information stating that he was the actual buyer of the Glock pistol when, in fact, he was buying the pistol for someone else that was prohibited from purchasing and possessing firearms. Providing false information to a federal firearms dealer is a violation of 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. It will be 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.
Marion County Convicted Felon Indicted for Possession of AmmunitionRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Mario Jerard Delancy (33, Ocala) with possession of ammunition by a convicted felon. If convicted, Delancy faces up to 10 years in federal prison.
According to the indictment, on June 4, 2022, Delancy knowingly possessed Federal ammunition, Sellier and Bellot ammunition, and Blazer ammunition. At time, Delancy had a previous conviction for felony battery. 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 Federal Bureau of Investigation and the Ocala Police Department. 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.
Convicted Felon Who Forcibly Resisted Arrest Sentenced to over Six Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington today sentenced Cleate Wilson (40, Tampa) to six years and six months in federal prison for forcibly resisting, opposing, impeding, and interfering with two Deputy United States Marshals (DUSMs) and possessing a firearm and ammunition as a convicted felon. Today’s sentence will run consecutive to an 18-month sentence that Wilson is currently serving for violating the terms of his supervised release on a prior federal conviction. The court also ordered Wilson to forfeit an H&K 9mm firearm and 14 rounds of 9mm ammunition. Wilson had pleaded guilty on October 4, 2022.
According to court documents, on May 5, 2022, four DUSMs went to the vicinity of East Bank Drive in Tampa to arrest Wilson, a convicted felon, on an active federal arrest warrant for violating his supervised release. The DUSMs identified themselves and Wilson attempted to flee, and a struggle ensued. Wilson resisted efforts to arrest him for approximately four minutes. Specifically, Wilson used force in his arms, legs, and torso, pushing against the DUSMS, in an attempt to escape. The deputies repeated commands during the struggle, including, “Stop resisting,” “Calm down,” and “Give me your hands,” all of which Wilson ignored. Wilson eventually stopped resisting and the DUSMs handcuffed him. Inside Wilson’s waistband, the DUSMs found an H&K 9mm handgun loaded with 14 rounds of ammunition. As a previously convicted felon, Wilson is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the United States Marshals Service, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Christopher F. Murray.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Ocenture LLC and Carelumina LLC Settle Allegations of False Claims for Unnecessary Genetic TestingRead the Press Release
Jacksonville, FL - Ocenture LLC, a privately held company headquartered in Jacksonville, Florida, and its subsidiary, Carelumina LLC (collectively, “Ocenture”), have agreed to pay $3 million to resolve allegations that they caused the submission of false claims to Medicare by paying and receiving kickbacks in connection with genetic testing samples.
The United States alleged that Ocenture participated in a genetic testing fraud scheme with other marketers and clinical laboratories. As part of the alleged scheme, Ocenture solicited genetic testing samples from Medicare beneficiaries directly and through other marketers. Ocenture then paid physicians to falsely attest that the genetic testing was medically necessary and arranged for the laboratories to process the tests and receive reimbursement from Medicare, with a portion of that reimbursement being paid to Ocenture.
“The Anti-Kickback Statute prohibits paying or receiving remuneration for referring services paid for by federal health care programs,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will hold accountable those who undermine the integrity of these programs by knowingly engaging in illegal kickback schemes that distort physician decision-making and waste taxpayer dollars.”
“Kickback schemes corrupt the clinical judgments of providers and may lead to unnecessary medical services paid for by taxpayers,” said U.S. Attorney for the Middle District of Florida Roger Handberg. “The resolution of this civil case confirms our district’s resolve in protecting our federal health programs from these fraudulent practices.”
“Entities involved in kickbacks that bilk Medicare funds threaten the program’s fiscal stability and abuse patients’ trust,” said Special Agent in Charge Omar Pérez-Aybar for the Department of Health and Human Services Office of Inspector General (HHS-OIG). “With our partners, HHS-OIG without relent investigates providers that allegedly distort the practice of genetic testing to defraud federal health care programs.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Christopher Improta and Peter Brandt, two marketers who were approached by Ocenture to participate in the alleged kickback scheme. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned U.S. ex rel. Improta, et al. v. Ocenture, et al., Civil Action No. 3:19-cv-358 (M.D. Fla.). As part of today’s resolution, Messrs. Improta and Brandt will receive approximately $570,000.
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 the HHS-OIG and the FBI.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Senior Trial Counsel Laurie A. Oberembt and Assistant U.S. Attorney Ronnie S. Carter.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Multi-Convicted Felon with “Ghost” AR-15 Pistol Sentenced to 8 Years in Federal PrisonRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II has sentenced Keo Ibua Mike (29, Ocala) to eight years in federal prison for possessing a firearm and ammunition as a convicted felon. Mike had pleaded guilty plea on August 23, 2022.
According to court documents, on November 7, 2019, law enforcement officers arrested Mike on outstanding warrants at a house in Ocala that smelled strongly of marijuana. Investigators obtained a search warrant and recovered methamphetamine, crack cocaine, and MDMA from inside the home. They also discovered three loaded firearms in the attic—a handgun, an AR-15 “ghost” pistol (with no manufacturer markings), and an AK-47 rifle. A photograph from Mike’s social media account showed him holding the AR-15 pistol hours before the arrest (see photos below):
DNA testing by FBI later conclusively linked Mike to the firearms. Mike’s prior criminal record includes a state felony conviction for aggravated assault with a firearm (2009) and a federal conviction for possession of a firearm and ammunition by a convicted felon (2014). As a convicted felon, he is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Ocala Police Department, the Unified Drug Enforcement Strike Team (UDEST), and the Federal Bureau of Investigation. It was being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
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.
Long-Time Employee of Local Construction Firm Sentenced to Prison for EmbezzlementRead the Press Release
Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Pamela Smith (60, Winter Park) to three years in federal prison for wire fraud. As part of her sentence, the court also entered an order of forfeiture in the amount of $500,000, the proceeds of the offense. The court also entered an order of forfeiture for Smith’s residence, which was substantially remodeled using stolen funds, as a substitute asset. Smith had pleaded guilty on April 18, 2022.
According to court documents and statements made in court, Smith was employed as an office manager for a family-owned construction company for 27 years. As part of her duties, Smith was responsible for handling the company’s payroll and had access to the company’s business accounts. Dating back to at least 2008, Smith made payments on multiple personal credit cards directly from the company’s business bank accounts without her employer’s permission. Beginning in 2013, Smith altered her payroll to increase her weekly salary without her employer’s permission. She began with a $1,000 per week increase, and, by the time her employer discovered the fraud, she was embezzling $2,000 per week. In total, Smith stole at least $700,000 from her employer. She used the funds to purchase cars, renovate her home, and otherwise live above her means. Smith took numerous steps to conceal her criminal activity, including transferring money between business bank accounts, limiting access to the company’s monthly banking statements, and altering the company’s general ledger.
This case was investigated by the United States Secret Service and the Hillsborough County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Rachel K. Jones. The forfeiture of assets is being handled by AUSA James Muench.
Former Police Officer Pleads Guilty to Attempted Online Enticement to Engage in Sexual Activity with A MinorRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Alejandro Carmona-Fonseca (48, Green Cove Springs) has pleaded guilty to attempted online enticement of a minor to engage in sexual activity. Carmona-Fonseca faces a minimum mandatory penalty of 10 years, and up to life, in federal prison. He has agreed to pay restitution to all of the victims of his offenses and faces a potential life term of supervised release. The court previously ordered Carmona-Fonseca detained pending the outcome of this case. Carmona-Fonseca had been employed as an officer with the Jacksonville Sheriff’s Office (JSO).
According to the plea agreement, this case began when the Clay County Sheriff’s Office (CCSO) received a report from a local gym about a gym member, Carmona-Fonseca, sending a nude photo to another gym member, who was a minor child – Minor Victim 1 (MV1). During an interview with CCSO, MVI explained that Carmona-Fonseca had requested MV1’s Snapchat account and MV1 provided it to him. MV1 told Carmona-Fonseca he was in high school. Carmona-Fonseca sent images and videos with his genitals exposed to MV1. At one point, Carmona-Fonseca sent MV1 a picture of himself in his police uniform and wrote “you can call me your police daddy.” At times, Carmona-Fonseca asked MV1 for photos of MV1 with his shirt off.
With the consent of MV1 and his parents, CCSO assumed MV1’s identity over Snapchat, and on March 3, 2022, a Homeland Security Investigations (HSI) Task Force Officer (TFO)/CCSO detective began communicating with Carmona-Fonseca using MV1’s Snapchat account. The TFO confirmed that Carmona-Fonseca was friends with MV1 and observed that Carmona-Fonseca’s location services were turned on in Snapchat. The TFO observed Carmona-Fonseca’s location numerous times during the chat. Carmona-Fonseca’s location showed him next to a JSO substation on numerous occasions, the areas where he worked as a patrol officer, near his residence, and near the gym he frequented. The TFO communicated with Carmona-Fonseca on March 3 and 4, 2022. During those conversations, Carmona-Fonseca sent a video of himself in his police uniform and another in which he was nude. Carmona-Fonseca also made several requests for nude videos of MV1 flexing and said that everything stayed between them, and that because it was Snapchat, it would disappear.
This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Ashley Washington. The forfeiture is being handled by Assistant United States Attorney Mai Tran.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Insys Sales Representative Sentenced in Kickback ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge William H. Jung has sentenced Daniel Tondre (52, Tampa) to four years in federal prison for his role in a health care fraud kickback conspiracy. The court also ordered him to forfeit $483,000, the proceeds of his offenses and to pay a $25,000 fine. On May 24, 2022, a federal jury had found Tondre and Dr. Steven Chun (59, Sarasota) guilty of conspiring to pay and receive kickbacks and bribes, in the form of speaker fees, in return for prescribing the fentanyl spray, Subsys. Both were convicted of five separate substantive counts of paying and receiving kickbacks, and Tondre was also convicted of two counts of identification fraud. Chun was sentenced to three years and six months’ imprisonment on December 5, 2022.
According to evidence presented during the 10-day trial, Tondre was employed as a sales representative with Insys Therapeutics, Inc., the company that manufactured and sold Subsys, an expensive form of liquid fentanyl designed to be applied under the tongue (sublingual spray) allowing it to rapidly enter the bloodstream to help relieve break-through pain in certain cancer patients. Tondre was the Subsys sales representative assigned to Chun’s Sarasota pain management medical practice in Sarasota. Chun prescribed a large volume of Subsys. Insys, through its sales representative, Tondre, actively marketed Subsys to Chun by holding bogus and sham speaker events, and paid Chun $2400 to $3000 per speaker event in return for Chun writing more and higher dosages of Subsys prescriptions. Tondre facilitated sham speaker programs that were often only attended by Chun’s family and friends, or repeat attendees, and included many sign-in sheets that Tondre falsified or forged with signatures of physicians who did not attend. The sham speaker programs were designed to conceal and disguise kickbacks and bribes paid to Chun to induce him to prescribe Subsys.
According to the evidence, Tondre earned over $737,000 in salary and sales commissions over a period of two and half years. Insys paid Chun over $278,900 in illegal kickbacks and bribes via the sham speaker programs over a period less than three years. Medicare Part D paid over $4.5 million for Subsys prescriptions written by Chun.
“This corrupt medical professional ignored patient care and instead inflicted financial pain,” said FBI Tampa Division Special Agent in Charge David Walker. “The FBI and its law enforcement partners work hard to ensure our nation’s federally funded healthcare system is protected from deception and greed.”
“Contrary to proper patient care, the defendants repeatedly disregarded opportunities to promote legitimate, suitable pain management for beneficiaries to instead pursue personal gain,” said Special Agent in Charge Omar Pérez Aybar with the U.S. Department of Health and Human Services Office of Inspector General. “It is a top priority of our agency and law enforcement partners to bring to justice individuals who exploit their proximity to patients to defraud federal health care programs.”
“This sentence demonstrates the effectiveness of the Defense Criminal Investigative Service, our law enforcement partners, and the U.S. Attorney's Office, in holding corrupt medical providers accountable when they fraudulently divert Defense Health Agency funds, putting their own greed before patient welfare,” said Special Agent in Charge Darrin Jones of the Defense Department's Inspector General, Defense Criminal Investigative Service, Southeast Field Office. “DCIS and our partners are committed to rooting out fraud and corruption and safeguarding the precious Taxpayer funding intended for the healthcare of our military members and their families.”
This case was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services—Office of Inspector General, the Defense Criminal Investigative Service, and by the Opioid Fraud Abuse and Detection Unit at the United States Attorney’s Office, which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. It was prosecuted by Assistant United States Attorneys Kelley C. Howard-Allen and Jennifer L. Peresie.
Canadian Father and Son Indicted for Fraudulently Obtaining over $8 Million in COVID-19 Relief FundsRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces the unsealing of a six-count indictment charging Evan Edwards (64, New Smyrna Beach) and Joshua Edwards (30, New Smyrna Beach) with federal offenses related to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and visa fraud. Specifically, Evan and Joshua Edwards are each charged with conspiracy to commit bank fraud, bank fraud, and visa fraud. Joshua Edwards is also charged with making a false statement to a lending institution. If convicted on the conspiracy to commit bank fraud and bank fraud charges, each faces a maximum penalty of 30 years in federal prison on each count. If convicted on the visa fraud charges, each faces a maximum penalty of 10 years in federal prison per count. Joshua Edwards also faces a maximum penalty of 30 years’ imprisonment on the false statement offense. The indictment also notifies the defendants that the United States intends to forfeit any property constituting, or derived from, proceeds obtained directly or indirectly as a result of these violations. The United States previously obtained seizure warrants and recovered more than $8 million in proceeds from the charged criminal conduct.
According to the indictment, beginning approximately April 3, 2020, and continuing through about September 17, 2020, Evan and Joshua Edwards conspired to commit bank fraud and committed bank fraud by submitting a fraudulent Paycheck Protection Program (“PPP”) loan application to an FDIC insured lending institution on behalf of Aslan International Ministry, Inc. (“Aslan”) – a not-for-profit corporation that purportedly provided religious services. In the loan application, the defendants significantly overstated the number of employees and average monthly payroll for Aslan, claiming that it had almost 500 employees and over $2 million in average monthly payroll expenses. They also falsely certified in the loan application that the PPP funds would be used to maintain payroll and for other authorized purposes. Based on the false representations made in the loan application, the defendants received into their bank account approximately $8,417,200 in PPP loan funds, a portion of which they used to make a down payment for the attempted purchase of a multi-million-dollar residence for themselves.
Additionally, in June 2022, Evan and Joshua Edwards each made a materially false statement in certain immigration documents, including their Form I-485 Applications to Register as Permanent Resident or Adjust Status.
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 being investigated by the U.S. Secret Service, U.S. Customs and Border Protection, the Volusia County Sheriff’s Office, and the New Smyrna Beach Police Department. It is being prosecuted by Assistant United States Attorney Kara M. Wick.
This case is being prosecuted as part the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act relief programs. The CARES Act is a federal law enacted in March 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of the PPP program, which was administered by the Small Business Administration (the “SBA”). The purpose of PPP loans was to help small businesses that were suffering from economic downturn to continue to pay salary or wages to their employees. The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.
Tampa Man Sentenced to 10 Years in Federal Prison for Shooting at Vehicle with Child InsideRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung has sentenced Deron Lamar Foster (35, Tampa) to 10 years in federal prison for being a felon in possession of a firearm and ammunition. The court also ordered Foster to forfeit the firearm and ammunition used in the commission of the offense. Foster had pleaded guilty on August 31, 2022.
According to court documents, Foster’s former significant other (Victim 1) and their six-year-old child (Victim 2) were victims of a shooting that occurred outside a Tampa apartment complex. Foster and Victim 1 had been arguing and were no longer living in the same residence at the time of the shooting. Victim 1 arrived at the apartment using a rideshare service. Victim 1 exited the vehicle and placed Victim 2 in the backseat of the rideshare vehicle while she went inside her apartment to retrieve a few belongings. Shortly after, the driver of the rideshare vehicle (Victim 3) heard five to six gunshots and realized someone was firing a gun at his car. Victim 3 fled from the apartment parking lot, with Victim 2 in the backseat, and flagged down an officer at a nearby pawn shop. Officers observed two bullet holes in Victim 3’s vehicle—one on the driver’s side door and one on the rear passenger door. Victim 2 had been sitting in the rear middle seat of the vehicle at the time of the shooting.
Foster fled from the area after the shooting but was arrested several days later by officers from the Tampa Police Department. At the time of his arrest, Foster was in possession of a loaded firearm. Analysis revealed it was the same firearm that had been used during the shooting at the apartment complex.
Foster had previously been convicted of multiple felonies, including child abuse and aggravated assault with a deadly weapon. As a result of his convictions, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Hillsborough County Sheriff's Office, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.
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 Man Found Guilty of Unlawful Possession of Guns, Grenades and Classified Information Relating to National DefenseRead the Press Release
Tampa, FL – A federal jury convicted Jeremy Brown, 48, of Tampa, for possession of an unregistered sawed-off shotgun and an unregistered short-barreled rifle, two counts of possession of unregistered M67 fragmentation grenades, willful retention of national defense information and illegal storage of explosives.
According to evidence presented at trial, on Sept. 30, 2021, the FBI executed an arrest and search warrant at Brown’s residence in Tampa. During the search, agents found an unregistered AR-15-style rifle, modified to have a 10” barrel, in Brown’s bedroom. Agents also found a sawed-off shotgun, also unregistered, on a couch inside of Brown’s recreational vehicle (RV), which was parked near his home. Inside a briefcase next to the shotgun, agents found a classified Trip Report that Brown had authored shortly before he retired from the U.S. Special Forces. Inside the bedroom of that same RV, agents found an ammunition vest containing two M-67 fragmentation grenades hidden in the pockets. U.S. Army records confirmed that the grenades had originally been in the possession of the U.S. Army.
Trial evidence also established that Brown had served as a weapons sergeant in the Special Forces, which would have given him access to M-67 fragmentation grenades. Finally, the evidence established that the classified Trip Report contained highly sensitive information about U.S. Department of Defense intelligence – gathering tactics, techniques, and procedures, including information about a human source that, if released, could have caused the source to be arrested, tortured or killed.
Each count carries a maximum penalty of 10 years in federal prison. Brown was also found guilty of illegal storage of explosives and faces up to one year in prison for that offense. His sentencing hearing is scheduled March 13, 2023.
The FBI is investigating the case.
Assistant U.S. Attorney Daniel J. Marcet for the Middle District of Florida and Trial Attorney Menno Goedman of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Jacksonville Man Pleads Guilty to Possessing Images of Young Children Being Sexually AbusedRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Reece Christopher Depew (24, Jacksonville) has pleaded guilty to possessing images depicting young children being sexually abused. Depew faces a maximum penalty of 20 years’ imprisonment and a potential lifetime of supervised release. Depew was arrested on January 17, 2020, and has been detained since that time.
According to court documents, the National Center for Missing and Exploited Children received a CyberTip report from a company that operates an online social messaging application (“App”). This report stated that a particular user named “Android 18,” later identified as Depew, had uploaded a number of child sexual abuse images over the internet to an online chat platform on the App. Further investigation revealed that the internet protocol address used to upload this material traced back to Depew’s residence in Jacksonville.
On January 17, 2020, FBI agents executed a federal search warrant at Depew’s residence. During an interview, Depew admitted that he used private messaging apps to talk to others online about sex, he had viewed and traded child sexual abuse images during 2019, and that he had downloaded these images from the internet using his laptop computer. Depew was shown a particular image depicting an infant being sexually abused, and admitted that he had posted this image in a chat room on the App. A review of Depew’s laptop computer revealed that it contained one image depicting a young child being sexually abused and at least 200 images of cartoon or “anime” pornography, some featuring cartoon-stylized children.
This case was investigated by the Federal Bureau of Investigation. 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 U.S. 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 in person and online, and to identify and rescue child victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Federal Jury Finds President of Yacht Charter Brokerage Company Guilty of Obstruction of A Federal Agency ProceedingRead the Press Release
Tampa, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Patrick Dines (74, St. Petersburg) guilty of endeavoring to obstruct a proceeding pending before the United States Coast Guard (USCG). Dines faces a maximum penalty of five years in federal prison. His sentencing hearing has not yet been set. Dines had been indicted on March 1, 2022.
According to evidence presented at trial, Dines was the president of “FYC Yachts,” a yacht charter brokerage company in St. Petersburg. In August 2016, in response to reports that FYC Yachts had been overcrowding charters in violation of federal boating safety laws, a USCG investigating officer met with Dines to discuss the reports and FYC Yachts’ operations. Dines assured the investigating officer that his company was operating in compliance with the law.
On the afternoon of March 14, 2017, an overcrowded FYC-chartered yacht, named the “JAGUAR,” set sail from Maximo Marina in St. Petersburg and anchored in Pass-a-Grille Channel to allow the passengers to go swimming. There were strong currents outgoing in the channel that day, which pulled the swimmers away from the JAGUAR. Two swimmers were unable to make it back to the boat. While the other passengers assisted one of the swimmers, the only crew member on board besides the captain jumped into the water to save the other passenger. Both the crew member and the passenger were overcome by the current and swept out to sea. Search and rescue efforts by the JAGUAR, the USCG, and state and local partner agencies were unsuccessful.
Upon the JAGUAR’s return to Maximo Marina later that evening, Dines approached the remaining passengers and encouraged one of them to pretend to be a crew member in order to mislead Coast Guard investigators about the number of passengers onboard. This request was consistent with past instructions Dines had given to other charter boat captains to misidentify passengers as crew members during USCG boardings. Dines also attempted to have the remaining passengers sign a charter contract in order to absolve himself of any responsibility for the incident. The passengers refused, noting that the contract had the wrong yacht name, time of voyage, and number of passengers.
This case was investigated by United States Coast Guard Sector (St. Petersburg) and the United States Coast Guard Investigative Service. It is being prosecuted by Special Assistant United States Attorneys Matthew Del Mastro and Ben Krebs.
Savannah man sentenced to prison for violent kidnappingRead the Press Release
SAVANNAH, GA: A Chatham County man with a long, violent criminal history has been sentenced to federal prison after admitting to a kidnapping that left the victim robbed and badly injured.
Robert Stephens, 25, of Savannah, was sentenced to 213 months in prison after previously pleading guilty to Kidnapping, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge R. Stan Baker also ordered Stephens and a co-defendant to pay $33,157.46 in restitution, and to serve five years of supervised release upon completion of his prison term.
There is no parole in the federal system.
“This nightmarish, multi-state crime left the victim near death, and it sadly was a continuum of Robert Stephens’ violent, antisocial history,” said U.S. Attorney Estes. “Hard time behind bars will protect the community from this depraved criminal.”
Stephens’ co-defendant, James Daniel Page, 49, of Savannah, is serving 315 months in federal prison after sentencing in September 2021 on a kidnapping charge.
As described in court documents and proceedings, in November 2020, Stephens and Page forcibly restrained the male victim, an associate of Page, robbing him and forcing him into the back seat of the victim’s SUV, then drove from Jacksonville, Fla., to Savannah. Stephens then repeatedly assaulted and stabbed the man and drove away in the victim’s vehicle after abandoning him shortly after 2 a.m. in a city park. The victim later was helped by nearby residents and transported to the hospital.
While the two were being sought by investigators from the Savannah Police Department and Jacksonville Sheriff’s Office, Page and Stephens traveled from Savannah to Aiken County, S.C., in the victim’s vehicle while using the victim’s debit card to withdraw cash from multiple ATMs. Approximately 18 hours after the victim was found, Aiken County Sheriff’s deputies spotted the stolen vehicle and attempted a traffic stop. The SUV crashed during the ensuing chase, and Stephens and Page were treated at an Augusta hospital and taken into custody.
Both Stephens and Page have long and violent criminal histories with multiple felony convictions in state and federal courts.
“The crime committed by this defendant and his associate was violent and shameless. Unfortunately, the damage Stephens inflicted will be felt by this victim for the rest of his life,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “We will continue to work with our law enforcement partners and devote significant investigative resources toward removing violent criminals from our neighborhoods, making them safer for law abiding citizens.”
The case was investigated by the FBI, the Savannah Police Department, the Jacksonville Sheriff’s Office, and the Aiken County Sheriff’s Office, and prosecuted for the United States by Assistant U.S. Attorneys Frank M. Pennington II and Darron J. Hubbard.
Ocala Convicted Felon Pleads Guilty to Illegally Possessing A FirearmRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces that Ricky Darnell Franklin, Jr. (31, Ocala) has pleaded guilty to possessing a firearm as a convicted felon. He faces up to 10 years in federal prison. A sentencing date has not yet been set. Franklin had been indicted on May 24, 2022.
According to court documents, 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 Ocala Police Department stopped a vehicle in which Franklin was a passenger. The officers recovered methamphetamine and a loaded handgun from inside the vehicle. DNA testing by the FBI conclusively showed that Franklin had possessed the firearm. As a convicted felon, Franklin is prohibited from possessing firearms under federal law.
This was investigated by the 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 Man Sentenced to More Than Four Years in Federal Prison for Facilitating “Off the Books” Pay Scheme as Part of Conspiracies to Defraud the IRS and Workers’ Compensation Insurance CompanyRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced Oscar Molina-Avila to four years and four months in federal prison for conspiracy to commit wire fraud and conspiracy to defraud the United States for the purpose of impeding the lawful functions of the Internal Revenue Service. As part of his sentence, the court ordered Molina-Avila to pay more than $5.4 million in restitution to his victims, specifically, $2,111,151 to a workers’ compensation insurance company and $3,330,596.42 to the IRS. The court also entered an order of forfeiture in the amount of $2,111,151, the proceeds of the wire fraud conspiracy. Molina-Avila had pleaded guilty on February 3, 2021.
According to court documents, between 2016 and 2020, Molina-Avila conspired with others to facilitate the payment of construction workers “off the books” in order to avoid paying premiums for workers’ compensation insurance and payroll taxes. Construction contractors and subcontractors entered arrangements with Molina-Avila and his co-conspirators, through which shell companies facilitated both the distribution of proof of insurance and the payment of workers with cash. In exchange for 6% to 8% of the contractors’ and subcontractors’ payroll, Molina-Avila and others caused the distribution of certificates of liability insurance in the names of the shell companies, which contractors and subcontractors then used as nominal proof that they were supposedly insured. In reality, the shell companies’ insurance policies were issued based on fraudulent applications that never disclosed that contractors and subcontractors would be employing workers who were ostensibly insured under the shell companies’ barebones insurance policies. As a result of contractors and subcontractors using the shell companies’ proof of insurance but never paying any insurance premiums, insurers were defrauded out more than $10 million.
Molina-Avila and others also facilitated the deposit of checks into the shell companies’ bank accounts, as well as the withdrawal of cash to be paid to the employees of the contractors and subcontractors – all without withholding, or paying over, payroll taxes to the IRS. Through these arrangements with Molina-Avila, the construction contractors and subcontractors could disclaim responsibility for withholding and paying payroll taxes to the IRS or ensuring that the workers were legally authorized to work in the United States. By facilitating the payment of workers of more than $49 million without payroll taxes being withheld, Molina-Avila and his co-conspirators caused the U.S. Treasury to lose more than $12 million in tax receipts.
The shell companies used in the scheme included All National Remodeling, El Boqueron Construction, La Fuente Construction, Goyos Construction Services, and Universal Florida Construction.
“Payroll taxes are an integral source of funding for government programs such as Social Security and Medicare. Today’s sentencing proves that those who shamefully choose to perpetrate payroll tax schemes will be thwarted and brought to justice,” said Ronald A. Loecker IRS-CI Acting Special Agent in Charge. “IRS-CI actively investigates these schemes to ensure cheaters do not gain a competitive edge over those who comply with our nation’s tax laws.”
“This criminal evaded workers’ compensation premiums, avoided paying employment taxes, and brokered bulk-cash drops, through fraud against the government, private industry, and America’s workforce, resulting in illicit profits and proceeds in the millions of dollars” said Homeland Security Investigations (HSI) Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to the dedication of HSI special agents, the Internal Revenue Service – Criminal Investigations, and the Florida Department of Financial Services, this criminal will now be held accountable for his complete disregard of U.S. laws.”
This case was investigated by Internal Revenue Service — Criminal Investigation, Homeland Security Investigations (HSI), and the Florida Department of Financial Services. It was prosecuted by Assistant United States Attorney Michael J. Coolican. The forfeiture is being handled by Assistant United States Attorney Mai Tran.
Florida Man Sentenced to More Than 10 Years in Federal Prison for Shipping Himself over 18 Pounds of MethamphetamineRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Jason Ryan Hardy (40, Tarpon Springs) to 10 years and 10 months in federal prison for conspiracy to distribute 500 grams or more of methamphetamine. Hardy pleaded guilty on January 11, 2022.
According to court documents, Hardy flew to California to coordinate the delivery of methamphetamine from California to Florida. On June 19, 2020, package delivery employees in California reported receiving a suspicious package. Despite being shipped from California, the sender’s address and the return address on the package were both based out of Florida. The sender’s address was later confirmed to be Hardy’s and Hardy was listed as the person to return the package to if the package could not be delivered. Law enforcement officers searched the package and discovered that it contained more than 18 pounds of methamphetamine. On June 22, 2020, Hardy called to inquire about the status of the package. He identified himself by his first name and provided his true phone number and e-mail address.
“This criminal was stopped from smuggling large amounts of deadly drugs into our communities,” said Homeland Security Investigations (HSI) Assistant Special Agent in Charge Micah McCombs. “HSI special agents, working with our partners from the Tarpon Springs Police Department and the Pasco Sheriff’s Office, prevented large amounts of methamphetamine from entering our neighborhoods and have certainly saved lives.”
This case was investigated by Homeland Security Investigations (HSI), the Tarpon Springs Police Department, and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
Dunedin Woman Charged with Scheme to Distribute Unapproved New Drugs and Money LaunderingRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Marina Sievert (57, Dunedin) with mail fraud, introduction into interstate commerce of an unapproved new drug, and monetary transactions in criminally derived property. If convicted, Sievert faces a maximum penalty of 20 years in federal prison for each mail fraud count (2 counts), three years in federal prison for each count of introduction into interstate commerce of an unapproved new drug (2 counts), and 10 years in federal prison for each money laundering count (2 counts). The indictment also notifies Sievert that the United States is seeking an order of forfeiture in the amount of at least $1.5 million, the proceeds of the charged criminal conduct.
According to the indictment, beginning in July 2019, and continuing through April 2022, Sievert owned and operated Beauty Forever Florida Inc. (“BFF”), a Florida corporation that she used to order, purchase, import, receive, and distribute unapproved and misbranded drugs and medical devices. For instance, Sievert distributed Innotox, Medytox, and Meditoxin, which contained botulinum toxin type A, a highly potent toxin that could cause the disease botulism. Sievert acquired these products from a Korean pharmaceutical company that did not have the required approvals of the Food and Drug Administration for distribution in the United States. Sievert made fraudulent representations on her BFF website to her customers, such as false and misleading claims that BFF’s products were “FDA approved,” had “cleared customs,” and had “guaranteed authenticity.” Sievert collected online orders from the BFF website and used the United States Postal Service and private and commercial interstate carriers to acquire the unapproved new drugs from foreign pharmaceutical retailers. She then distributed the unapproved new drugs across the United States via the mail. Sievert used the proceeds of her illegal scheme, in part, to make two monetary transactions, each in amounts greater than $10,000, for the purchase of a vehicle and for her own personal enrichment.
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 United States Food and Drug Administration — Office of Criminal Investigations and Homeland Security Investigations (HSI). It will be prosecuted by Assistant United States Attorney Greg Pizzo.
Brandon Nurse Pleads Guilty to Unlawful Drug Distribution and Acquiring Controlled Substances by FraudRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Jacquelyn DeVito (40, Brandon) has pleaded guilty to 10 counts of unlawful distribution of a controlled substance and 1 count of acquiring a controlled substance by fraud. DeVito faces a maximum penalty of 20 years in federal prison for each unlawful drug distribution count and up to 4 years in federal prison for acquiring a controlled substance by fraud. DeVito has also agreed to forfeit and relinquish her Florida advanced practice registered nurse (“APRN”) license and her registered nurse (“RN”) license and not to reapply for a DEA registration number.
According to the plea agreement, between March 2020 and June 2022,
DeVito worked as an ARNP and RN at an urgent care medical office where she introduced herself to patients and offered to provide separate home health services through her privately-owned company, Bee Home Medical LLC. By signing up these patients, she acquired their names and dates of birth for the purpose of using the information to prescribe oxycodone, a Schedule II controlled substance, without their knowledge or consent (collectively “Victim Patients”). DeVito issued prescriptions for oxycodone in the names of the Victim Patients to local retail pharmacies for the pharmacists to dispense the controlled substances. When the prescriptions were filled and ready to be picked up, DeVito went to the pharmacies and acquired the controlled substances by misrepresenting and deceiving the pharmacists by telling them she was the Victim Patients’ caregiver and was picking up the controlled substances on their behalf. During the Drug Enforcement Administration’s investigation, several Victim Patients were identified who had no knowledge DeVito issued the prescriptions in their names and confirmed that there was no legitimate need for them to receive oxycodone medication. DeVito prescribed and acquired more than 2,900 oxycodone pills.
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 is being prosecuted by Assistant United States Attorney Greg Pizzo.
Bradenton Woman Pleads Guilty to Providing False Information When Purchasing Seven FirearmsRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Cheyenne McIntosh (26, Bradenton) has pleaded guilty to making a false statement on an ATF form. McIntosh faces a maximum penalty of 10 years in federal prison and has agreed to forfeit seven firearms. A sentencing date has not yet been set.
According to the plea agreement, on August 18, 2021, Jamaican authorities recovered a firearm that had been used in a homicide. On September 13, 2021, the Jamaican authorities requested that law enforcement in the United States trace the origin of the firearm. The trace revealed that McIntosh had purchased the firearm on March 16, 2021, 155 days prior to the homicide. Officers conducted additional research and discovered that McIntosh had purchased several additional firearms.
Law enforcement officers attempted to locate McIntosh using the address she had provided on the ATF Form 4473 when she purchased the firearm that was later used in the homicide, but they were unsuccessful. Officers eventually learned that McIntosh had not resided at the address for more than a year. Officers eventually made contact with McIntosh on September 14, 2021. McIntosh confirmed that she had not lived at the address she listed on the ATF Form 4473 since January 2021. She also told the officers that she had purchased additional firearms on September 9, 2021. McIntosh stated that she buys firearms and sells them. She stated that she had sold 25 firearms since March 2021, and that she does not keep track of who she sells them to or conduct background checks. McIntosh stated that she would no longer provide the incorrect address when purchasing firearms.
On September 20, 2021, agents learned that McIntosh had purchased seven firearms on September 13, 2021, and would be picking them up that day. Agents also learned that McIntosh had provided the same incorrect address on the ATF 4473 Form when she purchased the firearms. When McIntosh picked the firearms up from the store, she certified that the address on the 4473 ATF form was correct. Agents approached McIntosh as she left the store. McIntosh confirmed that she had provided a false address on the ATF form.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Charlie D. Connally.
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.
Armed Career Criminal Sentenced to More Than 15 Years in Federal Prison for Possessing Stolen Revolver That Was Capable of Firing Shotgun ShellsRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung has sentenced Davion Rivers (27, Bradenton) to 15 years and 8 months in federal prison for possessing a firearm as a convicted felon. The court also ordered Rivers to forfeit the firearm, which was traceable to the offense. A federal jury had found Rivers guilty on July 11, 2022.
According to court documents, on August 10, 2020, law enforcement officers responded to a call for service after Rivers viciously attacked a minor, breaking the minor’s jaw. The officers encountered Rivers shortly after meeting with the minor. During the encounter, Rivers yelled at the officers and pushed one of them. An officer saw that Rivers had a firearm in his pocket after the push. The officer tased Rivers and recovered the firearm. The firearm was a Taurus Judge, a revolver that can fire shotgun shells, and which had five spent shell casings in the chamber. The firearm had also previously been reported stolen. Officers later secured a search warrant for Rivers’s phone and found that it contained a text message thread where Rivers had negotiated and agreed to buy the firearm.
As a previously convicted felon, Rivers is prohibited from possessing a firearm under federal law. At time of this offense, Rivers was on federal supervised release for distributing narcotics. He had been released from custody in July 2020.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bradenton Police Department. It was prosecuted by Assistant United States Attorneys Charlie D. Connally and 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.
Ocala Man Indicted for Fraud Relating to COVID-19 Relief FundsRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Henry Troy Wade (45, Ocala) with six counts of wire fraud related to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. If convicted, he faces up to 20 years in federal prison on each count. In addition, the United States is seeking an order of forfeiture for at least $524,400, which represents the proceeds of the conduct charged in the indictment.
According to the indictment, between May 1, 2020, and March 31, 2021, Wade applied for Economic Injury Disaster Loan (“EIDL”) loans and grants under the CARES Act on behalf of multiple businesses he claimed to own. None of Wade’s purported businesses, however, were in operation during the requisite time period and were ineligible for an EIDL loan or grant. As part of Wade’s scheme, he electronically submitted applications for the EIDL loans and grants over the internet, made false representations on his applications, and received EIDL loans and grants from the Small Business Association (“SBA”) through wire transfers over the internet into his bank accounts.
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 being prosecuted as part the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act relief programs. The CARES Act is a federal law enacted in March 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of the EIDL program. EIDL is an SBA program that provides low-interest funding to small businesses, renters, and homeowners affected by declared disasters. The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.
This case is being investigated by the U.S. Secret Service. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Beverly Hills Woman Pleads Guilty to Theft of Deceased Father’s Social Security BenefitsRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces that Dawn Rae Dempsey (52, Beverly Hills) has pleaded guilty to theft of government funds. Dempsey faces up to 10 years in federal prison. She had been indicted on September 13, 2022. Her sentencing hearing is scheduled for March 9, 2023.
According to court documents, Dempsey’s late father received monthly benefit payments from the Security Administration (SSA) Retirement and Survivors Insurance (RSI). Her father passed away in November 2015. Dempsey did not notify the SSA of her father’s death, which resulted in benefit payments continuing to be electronically deposited into his bank account. From December 3, 2015, until February 3, 2021, the SSA deposited 63 payments totaling $112,661. Dempsey withdrew the funds and used them for her own expenses. She also took more than $167,000 in Coast Guard retirement benefits that had been deposited into the same account. By March 2021, the account was overdrawn. When confronted by investigators, Dempsey admitted to stealing the money.
This case was investigated by the Social Security Administration - Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Jamaican Man Sentenced to More Than Four Years in Federal Prison for Obstructing His DeportationRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced an unidentified Jamaican man, who was charged as “John Doe,” to four years and three months in federal prison for obstructing his deportation from the United States. A federal jury had found Doe guilty on February 15, 2022.
According to testimony and evidence presented at trial, Doe was first encountered by immigration authorities in January 1985 in Miami when he attempted to enter the United States from Jamaica by claiming to be a U.S. citizen named Freddie Davis. When authorities determined that he was not a U.S. citizen, he was allowed to voluntarily return to Jamaica. Doe attempted to enter the country again the next month in West Palm Beach, claiming to be a citizen of the Bahamas and using a fraudulent Bahamian passport in the name of Joseph Gordon. This ruse was discovered, and he was deported to Jamaica.
Sometime later, at an unknown place and time, Doe successfully entered the United States illegally. He was encountered by immigration authorities in Dallas in September 1988, after serving a prison sentence. Doe said then that his name was Joseph Gordon and at first said that he was a U.S. citizen born in St. Thomas, U.S. Virgin Islands, but later said that he was a citizen of the Bahamas. An immigration judge subsequently ordered him to be deported to Jamaica, but he was not deported at that time.
In June 2018, after completing a prison sentence in Florida, Doe was taken into custody by U.S. Immigration and Customs Enforcement (ICE) in Miami, this time using the name Ricardo Jones, the name under which he was convicted. Because Doe’s true identity could not conclusively be determined, the Jamaican authorities told ICE they needed more information to verify that he was a Jamaican citizen. Over the next several months, ICE and Jamaican authorities attempted to determine Doe’s true identity but were unsuccessful. Doe was repeatedly warned that he could be prosecuted if he continued to obstruct his deportation.
On January 18, 2019, Doe was scheduled for an interview with the Jamaican consulate, but he refused to speak to them. When an ICE officer asked him his name, he responded “Only God knows my name.” Later that month, Doe was transferred to ICE custody in Baker County. In March 2019, ICE again attempted to obtain a travel document to deport Doe to Jamaica. The Jamaican consulate once again informed ICE that it could not issue a travel document for Doe, because there was no conclusive evidence that Doe was a citizen of Jamaica. ICE scheduled Doe for a phone interview with the Jamaican consulate on April 9, 2019, but he refused to leave his dormitory for the interview. Another interview was scheduled for April 17, 2019, Doe went but refused to provide any information. He advised that his name was Ricardo Jones but would not provide any other information.
On June 20 and July 23, 2019, ICE conducted recorded interviews of Doe to again attempt to obtain biographical information that might allow him to be identified. During these interviews, after stating that his name was Freddie Davis, Doe refused to provide any other information, saying that ICE already had all of the information they needed.
In addition to the identities discussed above, Doe has also used the names Dave Davis, Patrick Melbourne, Frank Douglas, and Danny Brooks while he has been illegally present in the United States.
“This individual has a violent and egregious criminal history of non-compliance with many U.S. laws,” said ERO Miami Field Office Director Garrett Ripa. “His extensive criminal past is a threat to public safety. The men and women of ERO Miami will continue to focus on protecting our nation against individuals who are a threat to our communities.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Virgin Islands Man Sentenced to 20 Years for Drug Conspiracy, Miami Boat Captain Receives 9 YearsRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Avery Lans (55, St. Thomas, U.S. Virgin Islands) to 20 years in federal prison for conspiracy to distribute cocaine. His coconspirator, Wayne Ellsworth Stout, Jr. (35, Miami), was sentenced to 9 years’ imprisonment. Lans’s sentence was enhanced based on the danger he caused during his attempted escape from law enforcement on June 1, 2022. After his arrest, HSI learned that Lans was convicted of second-degree murder in 1990 in the Virgin Islands and pardoned in 2014 after serving over 20 years of his 40-year sentence. Lans and Stout were indicted on June 15, 2022. Lans was convicted after a jury trial on October 3, 2022. Stout pleaded guilty on August 19, 2022.
According to evidence presented at trial, on June 1, 2022, Stout drove from Miami to Orlando and retrieved a duffle bag from a storage locker in the Edgewater area. Agents from Homeland Security Investigations (HSI) were conducting surveillance on Stout as he traveled from Miami to Orlando and as Stout left the storage locker and went to the parking lot of a restaurant in the Winter Park area. At approximately 1:45 p.m., Lans arrived and received the duffle bag in a short, 30-second meeting. After circling the block, Lans led HSI surveillance agents to the corner of Lee Road and Wymore Road, where he abruptly turned on to Wymore Road in an attempt to escape while dropping the duffle bag out of his passenger side window. After a brief high-speed chase, Lans was detained and the duffle bag was retrieved. It contained five kilograms of cocaine, wrapped in black tape with a marking on it.
When HSI agents searched the storage locker in Edgewater, they found three coolers containing 109 kilograms of cocaine, some of which contained the same black and gold marking as the five-kilogram bricks that Lans was carrying.
A kilogram of cocaine was estimated to be worth at least approximately $27,000. Lans was carrying $135,000 of cocaine when he unsuccessfully attempted to flee. The storage locker contained nearly $3 million of cocaine.
The United States referenced conversations between Lans and his conspirators on a phone that Lans had been carrying at the time of his arrest to show that Lans had numerous conversations about cocaine smuggling prior to June 1, 2022. The Court enhanced Lans’s sentence based on his broader involvement in cocaine distribution prior to the pick-up on June 1, 2022.
“Our highly skilled special agents continue to rely on their experience and resources to thwart the efforts of career criminals who attempt to distribute their poison into our communities,” said HSI Orlando Assistant Special Agent in Charge Dave Pezzutti. “These sentences are a testament to HSI and our partner law enforcement agencies commitment to work around the clock to locate and remove these illicit drugs off the streets and out of our communities.”
This case was investigated by Homeland Security Investigations (HSI), with assistance from the Orange County Sheriff’s Office, the Orlando Police Department, the Sunrise Police Department, and the Golden Beach Police Department. It was prosecuted by Assistant United States Attorney Dana E. Hill.
Two Brothers Sentenced to Prison for Access Device Fraud and Aggravated Identity TheftRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced two brothers, Andy Teruel Colina (25, Miami) and Adrian Teruel (31, Orlando), to federal prison terms. Andy Teruel Colina was sentenced to 5 years for aggravated identity theft and for producing, using, or trafficking in one or more counterfeit access devices, possession of 15 or more counterfeit and unauthorized access devices, and possession of device-making equipment. The court also ordered him to pay $1,703.23 in restitution and a special assessment of $400. He had pleaded guilty on August 26, 2022. Adrian Teruel was sentenced to 8 months’ imprisonment for producing, using, or trafficking in one or more counterfeit access devices. His prison sentence will run consecutively to his previously imposed 12-month term of imprisonment for a violation of supervised release. Adrian Teruel had pleaded guilty on August 16, 2022.
According to court documents, an investigation by the U.S. General Services Administration, Office of Inspector General (GSA-OIG) identified fraudulent credit card transactions associated with a credit card assigned to a government-owned vehicle leased by GSA to the United States Department of Veterans Affairs (VA) at the Orlando Veterans Affairs Medical Center at Lake Nona in Orlando. The account was determined to have been used for diesel fuel purchases exceeding the assigned vehicle's tank capacity and also involved inconsistent odometer entries for the vehicle in connection with the fuel purchases. The fraudulent purchases were made between March 7 and 14, 2020, at multiple gas stations in and around Orlando. The Office of Veterans Affairs confirmed that the credit card was not lost nor had any of the diesel fuel purchases made during that time period been authorized by the VA. The total loss on the credit card was determined to be $1,703.23.
As a result of the unauthorized use of the VA credit card account number, a joint investigation was undertaken by the GSA-OIG and U.S. Secret Service (USSS). It was later determined that a tow truck that was observed being fueled by diesel fuel purchased using the VA credit card was registered to Andy Teruel Colina. Agents obtained video surveillance from the gas stations where the cloned VA credit card was used to make unauthorized diesel fuel purchases. These videos depicted Andy Teruel Colina using the cloned VA credit card to fuel the tow truck. Further investigation revealed that the tow truck made numerous stops at various gas stations and to an unlawful fuel yard. Adrian Teruel was also observed on gas station video cameras using two counterfeit and unauthorized access devices to purchase diesel fuel for the tow truck on April 11, 2020.
A federal search warrant was executed at Andy Teruel Colina’s residence where agents found amongst other things, a bag containing two camera circuit boards, gorilla glue, black electrical tape, multiple battery packs, and a screwdriver. These items are consistent with a pin-hole camera, which is commonly used to obtain personal information such as a pin code at a credit card payment terminal at a fuel pump. Additionally, agents recovered a credit card encoder, two fuel pump barrel keys, and numerous counterfeit and unauthorized access devices in gift card format. The agents also found numerous electronic devices that contained credit and or debit card account numbers and names associated with the rightful card holders. In total, Andy Teruel Colina was found to be in possession of over 2,400 individual’s names and their credit or debit card account numbers.
This case was investigated by the U.S. Secret Service and the U.S. General Services Administration – Office of Inspector General, Southeast and Caribbean Regional Investigations Office. It was prosecuted by Assistant United States Attorney Terry B. Livanos.
Three Men Sentenced to Decades in Federal Prison for A Robbery on the Big Cypress Reservation Resulting in the Death of A VictimRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Johan Holder (26, Clewiston) to 40 years, Sylvanis Brice (31, Clewiston) to 40 years, and Uriah Waggerby (25, Clewiston) to 18 years in federal prison, respectively, for their roles in an attempted robbery that resulted in the killing of a victim on the Big Cypress Indian Reservation in Clewiston. The Big Cypress Indian Reservation is one of the reservations of the Seminole Tribe of Florida. On July 20, 2022, following an eight-day trial, a jury found Holder and Brice guilty of conspiracy and robbery. The jury found Waggerby guilty of conspiracy.
According to testimony and evidence presented at trial, shortly before midnight on November 1, 2016, men wearing hoodies, masks and gloves, and brandishing firearms attempted to commit a robbery at a residence on the Big Cypress Reservation. During the robbery attempt, one of the masked men fired a shot that struck and killed a young man who had been visiting the targeted residence. Immediately after the shooting, the masked assailants fled the area. As the assailants had concealed their identities during the robbery attempt, no one at the scene was able to identify the perpetrators. Subsequent efforts to identify the assailants through fingerprint and DNA evidence were also unsuccessful.
Waggerby later admitted to his involvement in the robbery, telling investigators that he had met with men in the Harlem area of Clewiston prior to the robbery and directed them to rob a particular house on the reservation because a resident there was a marijuana dealer. As a result of an exhaustive law enforcement investigation, Brice and Holder were identified as perpetrators who had committed the attempted armed robbery on the reservation.
This case was investigated by the Federal Bureau of Investigation and the Seminole Police Department, as part of the joint Federal Bureau of Investigation/Seminole Police Department Safe Trails Task Force, which has been in existence since 2010. It was prosecuted by Assistant United States Attorneys Michael Sinacore and Simon Eth.
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.
South Florida Woman Sentenced to 3 Years for Her Role in A Health Care Fraud ConspiracyRead the Press Release
Tampa, FL – U.S. District Judge Virginia Hernandez Covington has sentenced Ruth Bianca Fernandez (39, Pompano Beach) to three years in federal prison for her role in a conspiracy to commit health care fraud and for making a false statement in a matter involving a federal health care benefit program. As part of her sentence, the court ordered Fernandez to pay approximately $12 million to the affected government health programs and an insurance company, which obligation is joint and several with other coconspirators. The court also entered an order of forfeiture against Fernandez in the amount of $62,650. Fernandez had pleaded guilty on October 18, 2021.
According to court documents, beginning in January 2018 and continuing into April 2019, Patsy Truglia, previously sentenced to a 15-year term of imprisonment, Fernandez, who worked directly under Truglia’s supervision and direction, and other conspirators generated medically unnecessary physicians’ orders via their telemarketing operation for certain orthotic devices—knee braces, back braces, wrist braces, and other braces—referred to as durable medical equipment (“DME”). Through the telemarketing operation, federal health care program beneficiaries’ (i.e., Medicare beneficiaries’) personal and medical information was harvested to create the unnecessary DME brace orders. The brace orders were then forwarded to purported “telemedicine” vendors that, in exchange for a fee, paid illegal bribes to physicians to sign the orders, often without ever contacting the beneficiaries to conduct the required telehealth consultations. The fraudulent, illegal brace orders were then returned to Truglia’s telemarketing operation, which used the orders as support for millions of dollars in false and fraudulent claims submitted to the Medicare program. To avoid Medicare scrutiny, Truglia and Fernandez spread the fraudulent claims across five DME storefronts operated under Truglia’s control and Fernandez’s day-to-day management. In all, through their five storefronts, Truglia, Fernandez, and other conspirators caused approximately $25 million in fraudulent DME claims to be submitted to Medicare, resulting in approximately $12 million in payments.
“Submitting fraudulent claims to Medicare for medically unnecessary equipment diverts funding meant to cover the cost of caring for vulnerable beneficiaries,” stated Special Agent in Charge Omar Pérez Aybar with the U.S. Department of Health and Human Services Office of Inspector General. “Our agency will continue to work with our law enforcement partners to identify and hold accountable bad actors who commit health care fraud.”
“This investigation reflects the FBI’s continuing efforts to safeguard Federal healthcare programs from greed-fueled fraud schemes,” said FBI Tampa Division Special Agent in Charge David Walker.
“This sentence today holds the defendant accountable for her role in a fraud scheme that bilked federal healthcare programs out of millions of dollars. The VA OIG is committed to rooting out fraud committed against healthcare programs for veterans and their families,” said Special Agent in Charge David Spilker of the VA Office of Inspector General’s Southeast Field Office. “We commend the collaborative efforts of our law enforcement partners in this important joint investigation.”
“Health care fraud is not a victimless crime. We all pay in multiple ways: the U.S. Treasury loses tens of billions of dollars per year and higher health care premiums are passed on to patients as a result of these scams,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker. “IRS-CI and our federal partners take the criminal acts committed by this defendant, and others, very seriously and will continue to follow fraudulent money flows no matter the underlying crime.”
This case was investigated by U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Department of Veterans Affairs – Office of Inspector General, and the Internal Revenue Service –Criminal Investigation’s Tampa Field Office. The criminal case was prosecuted by Assistant United States Attorneys Jay G. Trezevant, Tiffany E. Fields, and James A. Muench. A related federal civil action is being handled by Assistant United States Attorney Carolyn B. Tapie.
Nine Indicted on Charges Involving Embezzlement of Hundreds of Thousands of Financial Aid Funds from A Higher Education InstitutionRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Andrea Mitchell (53, Tampa), Lester Best (54, Tampa), Gloria Gutierrez (51, Lakeland), Sylvester Robinson (57, Temple Terrace), Neukenya Jokines (52, Riverview), Kinya Lillie (52, Tampa), Jewel Jordan (52, Brandon), Andre Wright (54, Hinesville, GA) and Rozaundra Lillie (53, Tampa) with conspiracy to commit wire fraud. Mitchell is further charged with aggravated identity theft. If convicted, each faces a maximum penalty of 20 in federal prison. If convicted for aggravated identity theft, Mitchell faces a mandatory minimum of 2 years’ imprisonment, in addition to the sentence imposed for conspiracy to commit wire fraud. The indictment also notifies the individuals that the United States intends to forfeit all assets which are alleged to be traceable to proceeds of the offense.
According to the indictment, Mitchell served as a financial services manager at a higher education institution in the Middle District of Florida. Mitchell and her coconspirators used her position to embezzle hundreds of thousands of dollars in financial aid. In order to steal the funds, Mitchell stole the identities of hundreds of current and formerly enrolled students at the higher education institution, then issued checks to coconspirators using those funds. The coconspirators cashed the checks at various financial institutions and shared the proceeds.
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, the Federal Bureau of Investigation, and the United States Secret Service. It will be prosecuted by Assistant United States Attorney Candace Garcia Rich.
Members of Drug Trafficking Conspiracy Plead Guilty to Drug and Gun Charges in Operation “Titan Fall”Read the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that Carlos Alberto Roman (56, Orlando) has pleaded guilty to possession of controlled substances and possessing a firearm equipped with a silencer in furtherance of that drug crime. Roman faces a minimum mandatory sentence of 30 years, up to life, in federal prison. Coconspirators James Richard Howell (37, Silver Springs) and Kenneth Angel Vera (31, Orlando) pleaded guilty on December 5 and December 6, 2022, respectively, to their roles in the drug conspiracy with Roman. A final coconspirator, Joely Manuel Burgos (39, Orlando), is scheduled for trial on January 17, 2023.
On August 9, 2022, 13 individuals were charged in two indictments in Operation “Titan Fall,” a multi-agency Organized Crime Drug Enforcement Task Force (OCEDTF) investigation. Roman was charged with conspiracy to distribute fentanyl and cocaine in a four-person indictment along with Howell, Burgos, and Vera. On August 31, 2022, a superseding indictment charged Roman with six additional counts of drug possession, possession of a firearm equipped with a silencer in furtherance of drug trafficking, unlawful possession of firearms, ammunition, and explosive grenades by a convicted felon, and unlawful possession of a short-barreled rifle, pistols with vertical foregrips, and silencers.
According to the plea agreement, Roman supplied cocaine and fentanyl to Howell, Burgos, and Vera for resale and regularly communicated with each of them. 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. All but three of the firearms depicted below were recovered from Roman’s home:
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 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.
Former Sarasota Pain Doctor Sentenced in Health Care Fraud Kickback ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge William H. Jung has sentenced Dr. Steven Chun (59, Sarasota) for conspiring to pay and receive kickbacks and bribes. Chun was sentenced to three years and six months in federal prison and ordered to forfeit $278,900, the proceeds of his offenses. On May 24, 2022, a federal jury found Chun and Daniel Tondre (52, Tampa) guilty of conspiring to pay and receive kickbacks and bribes, in the form of speaker fees, in return for prescribing the fentanyl spray, Subsys. Both were also convicted of five separate substantive counts of paying and receiving kickbacks. Tondre is scheduled for sentencing on December 15, 2022.
According to evidence presented during the 10-day trial, Chun was a doctor who owned and operated a pain management medical practice in Sarasota where he prescribed a large volume of Subsys, an expensive form of liquid fentanyl designed to be applied under the tongue (sublingual spray), allowing it to rapidly enter the bloodstream to help relieve break-through pain in certain cancer patients. Tondre was employed as a sales representative by Insys Therapeutics, Inc., the company that manufactured and sold Subsys. Insys, through its sales representative, Tondre, actively marketed Subsys to Chun by holding bogus and sham speaker events, and paid Chun $2,400 to $3,000 per speaker event in return for Chun writing more and higher dosages of Subsys prescriptions. The sham speaker programs were often only attended by Chun’s family and friends, or repeat attendees, and included many falsified or forged signatures of attendees. The sham speaker programs were designed to conceal and disguise kickbacks and bribes paid to Chun to induce him to prescribe Subsys.
According to the evidence, Insys paid Chun more than $278,900 in illegal kickbacks and bribes via the sham speaker programs over a period of less than three years. Tondre earned more than $737,000 in salary and sales commissions over a period of two and half years. Medicare Part D paid more than $4.5 million for Subsys prescriptions written by Chun.
During the sentencing hearing, two former patients of Chun testified regarding the devastating impact that Subsys had on their lives.
“This corrupt medical professional ignored patient care and instead inflicted financial pain,” said FBI Tampa Division Special Agent in Charge David Walker. “The FBI and its law enforcement partners work hard to ensure our nation’s federally funded healthcare system is protected from deception and greed.
“Contrary to proper patient care, the defendants repeatedly disregarded opportunities to promote legitimate, suitable pain management for beneficiaries to instead pursue personal gain,” said Special Agent in Charge Omar Pérez Aybar with the U.S. Department of Health and Human Services Office of Inspector General. “It is a top priority of our agency and law enforcement partners to bring to justice individuals who exploit their proximity to patients to defraud federal health care programs.”
“This sentence demonstrates the effectiveness of the Defense Criminal Investigative Service, our law enforcement partners, and the U.S. Attorney’s Office, in holding corrupt medical providers accountable when they fraudulently divert Defense Health Agency funds, putting their own greed before patient welfare,” said Special Agent in Charge Darrin Jones of the Defense Department's Inspector General, Defense Criminal Investigative Service, Southeast Field Office. “DCIS and our partners are committed to rooting out fraud and corruption and safeguarding the precious Taxpayer funding intended for the healthcare of our military members and their families.”
This case was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services—Office of Inspector General, the Defense Criminal Investigative Service, and by the Opioid Fraud Abuse and Detection Unit at the United States Attorney’s Office, which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. It is being prosecuted by Assistant United States Attorneys Kelley C. Howard-Allen and Jennifer L. Peresie.
Tampa Man Sentenced for Filing False Tax ReturnRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Steven Brickner to 12 months and a day for filing a false U.S. Individual Income Tax Return for tax year 2017. The Court also imposed a $7,500 fine. Brickner had pleaded guilty on February 11, 2022.
According to court documents, Brickner engaged in a scheme to defraud investors in various companies that he claimed were involved in the business of marijuana cultivation and distribution. He convinced investors to invest money in a variety of different enterprises, but wound up using most of those funds for personal uses and to purchase high-end collector automobiles. In July 2021, Brickner was ordered by the United States District Court in the Middle District of Florida to disgorge to the victims of this fraud scheme over $2,420,000 as a result of a civil lawsuit filed by the U.S. Securities and Exchange Commission.
Brickner earned more than $1,055,503 in income in tax year 2017 from the above activity that he did not report on his Individual Income Tax Returns for that year. Due to his failure to file accurate tax returns for that year, Brickner caused a loss to the IRS of $172,164.39.
“Honest law-abiding citizens are fed up with the likes of those who use other people’s money as their own personal piggy bank," said IRS-CI Acting Special Agent in Charge Ronald A. Loecker. “Mr. Brickner caused lasting harm to not only those financially connected to him, but to every hard-working taxpayer who pays into our tax system. This sentencing reassures the American public that Mr. Brickner's actions will not go unpunished.”
OFR Commissioner Russell C. Weigel, III said, “Thank you to OFR’s investigative team, the IRS, and the U.S. Attorney’s Office, Middle District of Florida, for their hard work in this case. The Office of Financial Regulation will continue to work with our partners to stop financial scammers in their tracks.”
This case was investigated by the Internal Revenue Service-Criminal Investigation, with the assistance of the U.S. Securities and Exchange Commission and the Florida Office of Financial Regulation-Bureau of Financial Investigations. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Tampa Convicted Felon Sentenced for Illegally Possessing Firearm and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Rossonno Borders, Jr. (25, Tampa) to three years and one month in federal prison for possessing a firearm and ammunition as a convicted felon. Borders had pleaded guilty on July 27, 2022.
According to court records, on October 6, 2021, Borders was operating a vehicle with illegally tinted windows. Officers from the Tampa Police Department (TPD) attempted to initiate a traffic stop and Borders proceeded to flee at a high rate of speed. Borders crashed the vehicle he was driving and fled the scene of the crash on foot. When TPD officers arrived at the crash scene, they observed a loaded firearm on the center console of the vehicle. Fingerprints found on the magazine of the firearm were confirmed to belong to Borders
Borders is a previously convicted felon, including for grand theft in the third degree (2019) and being a felon in possession of firearm and ammunition and felon in possession of a firearm (2021). As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Terry B. Livanos.
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.
Punta Gorda Man Rides Bicycle Approximately 3 Hours to Meet Child for SexRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging Dylan Joseph Thibodeau (23, Punta Gorda) with enticement of a minor and transfer of obscene material to a minor. If convicted on all counts, Thibodeau faces a minimum mandatory penalty of 10 years, up to life, in federal prison. Thibodeau made his initial appearance before U.S. Magistrate Judge Julie S. Sneed today and was ordered detained pending trial.
According to the complaint and court proceedings, in August 2022, Thibodeau began texting with an individual he believed to be a 14-year-old child. The child was actually an undercover officer. Over the course of three and a half months, Thibodeau made plans to engage in oral and anal sex and impregnate the child before she turned 18 years old. Thibodeau also requested that the child produce nude images of herself to send him and he sent the purported child sexually explicit photos of himself.
On December 3, 2022, Thibodeau rode his bicycle approximately three hours from Punta Gorda to North Port to meet the 14-year-old for sex. Law enforcement apprehended Thibodeau when he arrived at the predetermined location.
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 North Port Police Department and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Abigail K. King.
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.
Nigerian National Sentenced to More Than Six Years in Federal Prison for International Tax Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Allen Levinson, formerly known as Allen Ameh, to six years and six months in federal prison for wire fraud conspiracy related to his orchestration of a large-scale international tax fraud scheme. Levinson, a resident of Nigeria, was arrested on December 2, 2020, while attempting to enter the United Kingdom. He was extradited to the United States and pleaded guilty upon his arrival on February 3, 2022.
According to court documents, Levinson was the leader of a scheme that attempted to defraud the United States government of more than $63 million through the filing of false and fraudulent tax returns in the names of hundreds of identity theft victims. The scheme operated from summer 2014 through 2019. Out of the $63 million claimed in tax refunds, the IRS paid over $5.5 million, the majority of which went to Levinson.
Levinson recruited coconspirators T’Andre McNeely, Brandon Williams, Michael Carr, and others—through job placement ads and word of mouth—to collect the proceeds of the tax fraud and send it to Levinson.
Levinson used sophisticated cyber means to obtain the personal data used to file the returns. He also hired other foreign nationals—including individuals located in a boiler room in Vietnam—to prepare and file the returns quickly and in large batches. The returns were filed from real certified accounting firms across the United States, all of whom had been hacked by third parties and often had their information sold on darkweb marketplaces, including a website formerly known as the xDedic Marketplace. The xDedic Marketplace was a website that operated for years and was used to sell access to compromised computers worldwide and personally identifiable information of U.S. residents.
U.S. District Judge Kathryn Kimball Mizelle previously sentenced three of Levinson’s money laundering affiliates in a related indictment. McNeely and Carr were each sentenced to six years and six months’ imprisonment. Williams was sentenced to one year and one day in prison.
“For too long, Levinson, and cyber criminals like him worldwide believed using darknet marketplaces and cryptocurrencies gave them anonymity from law enforcement. Today’s significant sentencing makes it clear that IRS-CI special agents and our partners have the sophisticated tools to remove the so called cloak of anonymity to bring these fraudsters to justice, “ said IRS-CI Acting Special Agent in Charge Ronald A. Loecker.
“The FBI and its law enforcement partners will never cease in their efforts to protect the American people by exposing cyber schemes and bringing the fraudsters, no matter where they try and hide, to justice,” said FBI Tampa Division Special Agent in Charge David Walker.
This case was investigated by the Internal Revenue Service – Criminal Investigation’s Tampa and Oakland Field Offices, and the FBI Tampa Field Office. Special assistance was provided by the IRS - CI Washington, D.C. and Los Angeles Field Offices, and Homeland Security Investigations (HSI), Tampa Field Office. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs. It was prosecuted by Assistant United States Attorney Rachel Jones.
Four Men Arrested in Transnational Wire Fraud and Identity Theft ConspiracyRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of four indictments charging Akinola Taylor (Nigeria), Olayemi Adafin (United Kingdom), Olakunle Oyebanjo (Nigeria), and Kazeem Olanrewaju Runsewe (Nigeria), with conspiracy to commit wire fraud, filing false claims with the United States, theft of public money or property, and aggravated identity theft. Taylor, Adafin, and Runsewe, were each arrested on November 30, 2022, and Oyebanjo was arrested on December 1, 2022. Taylor, Adafin, and Oyebanjo were apprehended in London, United Kingdom, and Runswewe was apprehended in Malmo, Sweden. Each will face extradition proceedings. In conjunction with the arrests, foreign authorities conducted searches of the residences of Taylor and Runsewe.
If convicted, each faces a maximum penalty of 20 years in federal prison for the wire fraud count, as well as additional penalties for the remaining counts. The indictments also notify the defendants that the United States intends to forfeit assets which are alleged to be traceable to proceeds of the offense.
According to the indictments, Taylor and Runsewe obtained unauthorized access to United States businesses’ computer servers, participated in stealing from those servers the personally identifying information of United States residents and used that information to file false and fraudulent Internal Revenue Service (IRS) Form 1040, United States Individual Income Tax Returns (“Form(s) 1040”) seeking income tax refunds with the IRS. Adafin and Oyebanjo assisted in the collection fraud proceeds directed to prepaid debit cards in their possession or to addresses or bank accounts they controlled or to which they had access and transferred a share of the fraud proceeds to other conspirators.
One of the places that Taylor and Runsewe had obtained unauthorized access to computer servers was the xDedic Marketplace, a website that operated for years and was used to sell access to compromised computers worldwide and personally identifiable information of U.S. residents. The xDedic administrators strategically maintained servers all over the world to facilitate the operation of the website.
The xDedic Marketplace was taken down as part of coordinated, global enforcement operations led by the FBI (Tampa Division) the IRS-CI (Tampa Field Office) and the U.S. Attorney’s Office for the Middle District of Florida.
The investigation was led by the IRS-CI Cyber Crimes Unit (Washington, D.C). Substantial assistance was provided by the IRS-CI Tampa Field Office, the FBI Tampa Division, the Department of Justice’s Office of International Affairs, IRS-CI International Operations at Mission UK and Canada, Homeland Security Investigations (HSI), the United Kingdom’s National Extradition Unit, the United Kingdom’s Eastern Region Special Operation Unit, the United Kingdom’s North West Regional Organized Crime Unit, and the Swedish Economic Crime Authority.
The cases will be prosecuted by Assistant United States Attorney Rachel Jones.
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.
Ecuadorian National Sentenced to over 16 Years for Trafficking Cocaine on the High SeasRead the Press Release
Tampa, FL – U.S. District Judge Charlene E. Honeywell has sentenced Jose Luis Pinargote-Baquerizo (37, Ecuador) to 16 years and 4 months in federal prison for conspiring to possess with the intent to distribute over 2,700 kilograms of cocaine. Pinargote had pleaded guilty on August 23, 2022.
According to court documents and information offered in open court, between June and September 2017, Pinargote conspired to traffic over 2,700 kilograms of cocaine by three different vessels through the Eastern Pacific Ocean (photographs directly below). These cocaine-laden vessels left the shores of Tumaco, Colombia, with a destination of Mexico. On these three drug trafficking ventures, Pinargote hired six Ecuadorian mariners who set sail from Colombia to Mexico, paying them in U.S. dollars for their participation. Pinargote often kept a portion of this payment as a fee. He also provided logistical support for transporting the mariners from Ecuador to Colombia, arranging and paying for their transportation and hotels. Pinargote personally shepherded these mariners from Ecuador to Colombia, and on one occasion accompanied them directly into Tumaco, Colombia.
On August 8, 2019, in the Eastern Pacific Ocean, Pinargote was found on board a cocaine-laden vessel (1,029 kilograms) by the Colombian Navy (photograph directly below). Pursuant to an outstanding provisional arrest warrant, Pinargote was sent to a Colombian jail to await extradition to the United States.
On August 24, 2020, while awaiting extradition to the United States, Pinargote was inadvertently released from a Colombian jail. However, on February 6, 2022, he was interdicted in the Eastern Pacific Ocean on board a self-propelled semi-submersible (SPSS) vessel by the Colombian Navy, this time with 3,764 kilograms of cocaine on board (photograph directly below).
Pinargote was again arrested pursuant to the outstanding provisional arrest warrant, sent back to jail in Colombia, and extradited to the United States on March 2, 2022. In total, Pinargote is responsible for trafficking over 7,500 kilograms (or 17,000 pounds) of cocaine, which is worth approximately $225,000,000 USD.
This case was investigated by the United States Coast Guard and the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs. The Narcotics and Dangerous Drug Section’s Judicial Attaché’s Office in Colombia also assisted in facilitating the extradition. 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 Attorney David Pardo.
Lake Helen Man Sentenced to Federal Prison for Selling Firearms Without A LicenseRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Charles Edward Palmatier (74, Lake Helen) to one year and one day in federal prison for dealing in firearms without a license. Palmatier had pleaded guilty on September 7, 2022.
According to court documents, On July 28, 2021, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) met with Palmatier and explained that if he wanted to continue to sell firearms he would have to apply for a Federal Firearms License (FFL). Despite that meeting, Palmatier continued to sell firearms at the Volusia Flea Marked in Deland, Florida. The ATF, along with the Volusia Bureau of Investigation (VBI), began investigating Palmatier and conducted multiple controlled purchases from Palmatier at the Volusia Flea Market from February 2, 2022, through June 8, 2022. At least two of the firearms purchased from Palmatier were subsequently linked to usage in two separate crimes. Palmatier admitted that he would profit $50 to $75 per firearm that he sold.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Volusia Bureau of Investigation. It was prosecuted by Assistant United States Attorney Beatriz Gonzalez.
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.