Middle District of Florida

Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Sara Brady (47, Satsuma), formerly a postal carrier in St. Johns County, with theft of mail by a postal employee. If convicted, Brady faces up to 5 years in federal prison and payment of restitution to the victims in the case. Brady was arrested on January 18, 2023, by the United States Postal Service – Office of Inspector General.  

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 United States Postal Service – Office of Inspector General. It will be prosecuted by Assistant United States Attorney David B. Mesrobian.

Indictment

Tampa, FL – United States Attorney Roger B. Handberg announces that Patraic Setzer (28, New Port Richey) has pleaded guilty to possessing a firearm as a convicted felon. Setzer faces a maximum penalty of 10 years in federal prison and forfeiture of the firearm involved in the case.

According to court documents, on March 31, 2022, Setzer, a convicted felon, possessed a firearm in his vehicle. Law enforcement had conducted a traffic stop on Setzer’s vehicle where he was the only occupant. During the stop, a K9 alerted on the vehicle and officers searched Setzer’s car. The officers located a loaded Sig Sauer Inc, Model 9365 in the center console. During an interview with the New Port Richey Police Department, Setzer admitted to possessing the firearm, but denied ownership. At the time, Setzer had previous felony convictions for possession of alprazolam, possession of a controlled substance, possession of methamphetamine, possession of cocaine, and felon in possession of a firearm and ammunition, and is therefore prohibited from possessing a firearm or ammunition under federal law.

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.

This case was investigated by the New Port Richey Police Department, the Pasco Sheriff’s Office, and the Federal Bureau of Investigations. It is being prosecuted by Assistant United States Attorney Samantha Beckman.

Jacksonville, Florida – United States District Judge Marcia Morales Howard has sentenced Garrett Eric Weber (32, Green Cove Springs) to 20 years and 5 months in federal prison for attempting to entice a 9-year-old child to produce videos of the child being sexually abused. Weber was also ordered to serve a 12-year term of supervised release, register as a sex offender, and pay $45,500 in restitution to several child victims. Weber was arrested on a federal warrant by the Green Cove Springs Police Department during a traffic stop on July 2, 2021, and he has been detained since that time. Weber had pleaded guilty on July 27, 2022.    

According to court documents, in 2020, Weber, using the name “BUBBLESXD_90,” uploaded a video depicting the sexual abuse of a child to a public chat room on a popular social media application (app). This upload was subsequently detected by law enforcement officers in Wisconsin. Further investigation by the FBI ultimately resulted in the identification of Weber. In March 2021, an undercover FBI agent, posing as the parent of a young child, engaged in online conversation with Weber using the same app. After some discussion and being told that the “child” was only 9 years old, Weber offered to serve as the “child’s” trainer by engaging in sexual activity with the “child.” Weber requested that the “parent” take a pornographic photo of the “child” for him, and provided specific instructions on how to accomplish this. Weber advised that he wanted the “parent” to film him as he sexually abused the “child,” and commented that the resulting video recording “would be the best [child pornography] vid ever.” Weber sent the “parent” several videos over the internet that depicted the sexual abuse of young children in order to demonstrate exactly how he planned to molest the “child” in person.

After his arrest on July 2, 2021, Weber admitted that he was in fact “BUBBLESXD_90,” that he had engaged in “horrible” online conversations with the “child’s” parent, and that he had distributed videos of very young children being sexually abused using the internet. Weber acknowledged that the “[e]vidence is staggeringly harsh against [him]” and that what he did was “criminal.” 

This case was investigated by the Green Cove Springs Police Department, the Florida Fish and Wildlife Conservation Commission, the Winnebago County (Wisconsin) Sheriff’s Office, the Clay County Sheriff’s Office, the Jacksonville Sheriff’s Office, and the Federal Bureau of Investigation in Milwaukee and Jacksonville. It was prosecuted by Assistant United States Attorney D. Rodney Brown.

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 victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Tampa, FL – U.S. District Judge Mary Scriven has sentenced Damien Boatwright (23, Tampa) to six years and five months in federal prison for possessing a firearm as a convicted felon. Boatwright was also ordered to forfeit the Glock 26 handgun, large-capacity magazine, and ammunition used in the offense.

According to court documents, on February 23, 2022, Boatwright, a convicted felon, possessed a Glock 26 handgun with a large capacity magazine that held 24 rounds of ammunition during a recorded Instagram live video. As picture below, Boatwright was brandishing the firearm online while traveling in a vehicle in Hillsborough County.

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.

This case was investigated by the Hillsborough Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Samantha Beckman.

Tampa, FL – U.S. Attorney Roger B. Handberg announces that Christopher Alvarez (19, Tampa) and Dyonnie Alvarez (22, Tampa) have pleaded guilty to four robberies, conspiracy to commit those robberies, and two counts of brandishing a firearm during a crime of violence. Each faces up to 20 years in federal prison for each robbery count and the conspiracy count. For each of the firearm counts, the minimum mandatory penalty is 7 years, up to life, in federal prison to be served consecutive to any other sentence. Dyonnie Alvarez also pleaded guilty to an additional attempted robbery for which she faces up to 20 years’ imprisonment. Sentencing dates have not yet been set. A co-defendant, Enrique Marquez, previously pleaded guilty and his sentencing hearing is set for March 2023.

According to court documents, on May 1, 2022, Dyonnie Alvarez and Marquez attempted to rob an individual in an attempt to obtain narcotics. On May 5, 2022, Christopher Alvarez, Dyonnie Alvarez, and Marquez robbed two convenience stores in the Tampa area. During the robberies, Marquez brandished a firearm. The next morning, the three individuals robbed two more Tampa area convenience stores in the same manner. 

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.

 

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Ronald Dale Perkins (45, Fort Myers) to four years and nine months in federal prison for possessing a firearm as a convicted felon and for distributing methamphetamine. The court also ordered Perkins to forfeit a shotgun, which was involved in the offenses. Perkins had pleaded guilty on September 7, 2022.

According to court documents, on April 5, 2022, Perkins, a nine-time convicted felon, sold a sawed-off .410 caliber shotgun gun and methamphetamine to an undercover ATF special agent.

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.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Mark Morgan.

Tampa, FL – United States Attorney Roger B. Handberg announces the results achieved by the Middle District of Florida’s efforts to combat fraud related to COVID-19. Those efforts have included complementary actions by the Criminal, Asset Recovery, and Civil Divisions, along with federal, state, and local law enforcement agencies.

“The Middle District of Florida United States Attorney’s Office remains committed to protecting the integrity of government programs established to provide relief for those impacted by the COVID-19 pandemic,” said U.S. Attorney Handberg. “These cases should serve as a warning to those who might have engaged in similar fraudulent activity that holding those accountable for these crimes remains a high priority for federal authorities.”

On the criminal enforcement front, the United States Attorney’s Office and federal, state, and local law enforcement agencies joined together in March 2020 to form the Middle District of Florida COVID-19 Fraud Task Force to identify, investigate, and prosecute fraud related to the ongoing COVID-19 pandemic. Since its inception, the task force has prosecuted 52 individuals for fraud schemes designed to exploit federal programs created or expanded to address the COVID-19 pandemic, including the Paycheck Protection Program (“PPP”), Economic Injury Disaster Loans (“EIDL”), Unemployment Insurance (“UI”), the Main Street Lending Program (“MSLP”), and the Emergency Rental Assistance Program (“ERAP”). These individuals collectively sought to defraud the United States of more than $57 million. Thirty-seven of those defendants have been found guilty, while prosecution remains pending against fifteen others. (See chart for criminal case details.)

In one example, U.S. District Judge Wendy W. Berger sentenced Don V. Cisternino (47, Chuluota) to eight years and six months in federal prison for wire fraud, aggravated identity theft, and illegal monetary transaction related to Cisternino’s obtaining more than $7.2 million in emergency funds through a PPP loan to which he was not entitled. Cisternino pleaded guilty on September 20, 2022, after being extradited from Croatia.

In December 2022, U.S. Attorney Handberg announced the unsealing of a six-count indictment charging Canadian citizens Evan Edwards (64, New Smyrna Beach) and Joshua Edwards (30, New Smyrna Beach) with federal offenses related to the CARES Act and visa fraud. According to the indictment, Evan and Joshua Edwards conspired to commit bank fraud and committed bank fraud by submitting a fraudulent PPP loan on behalf of Aslan International Ministry, Inc. (“Aslan”)—a not-for-profit corporation that purportedly provided religious services. In the loan application, the pair 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, Evan and Joshua Edwards 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.

Further, the Asset Recovery Division and federal seizing agencies have completed the forfeiture of more than $16.8 million of EIDL, UI, and PPP funds that were fraudulently obtained, depriving the fraudsters of their ill-gotten gains and recovering the proceeds for the victims. More than $9.8 million in additional pandemic fraud proceeds have been seized and are pending civil or criminal forfeiture.

The Attorney General has established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Through the PPP, the federal government authorized over $600 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. The EIDL program provides economic relief to small businesses that are currently experiencing a temporary loss of revenue. The MSLP provided support to small and medium-sized businesses and their employees across the United States during the COVID-19 pandemic. UI programs provided unemployment benefits to eligible workers who became unemployed through no fault of their own.

The criminal cases charged by the Middle District of Florida COVID-19 Fraud Task Force have been investigated by the Federal Bureau of Investigation, the U.S. Secret Service, the Internal Revenue Service—Criminal Investigation, the Department of Labor—Office of Inspector General, the U.S. Postal Service, the Federal Housing Finance Agency, the Small Business Administration, the Federal Deposit Insurance Corporation—Office of Inspector General, Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Special Inspector General for Pandemic Recovery, the Federal Reserve Board – Office of Inspector General, the Metropolitan Bureau of Investigation, the Tampa Police Department, the Orlando Police Department, the Manatee County Sheriff’s Office, the Hillsborough County Sheriff’s Office, the Sarasota County Sheriff’s Office, the Winter Park Police Department, the Osceola County Sheriff’s Office, the Seminole County Sheriff’s Office, and the Orange County Sheriff’s Office. The cases are being prosecuted by Assistant United States Attorneys throughout the Middle District of Florida.       

The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.

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.

 

MDFL COVID Fraud Criminal Cases

Charged Cases

Defendant(s) (Age)

Charge(s)

Max. Imprisonment

Type of Fraud*

Intended Loss

Amount

Tampa Division

Joseph Abdo (39)

 

Wire fraud

Maximum Prison Term: 20 Years

Illegal monetary transactions

Maximum Prison Term: 10 Years

PPP

$500k

Alexander Leszczynski (22)

Wire fraud

Maximum Prison Term: 20 Years

Bank fraud

Maximum Prison Term: 30 Years

Illegal monetary transactions

Maximum Prison Term: 10 Years

PPP

$200k

Charles Cunningham (72)

Bank fraud

Maximum Prison Term: 30 years

PPP

$800k

Ellyn Pinkney (60)

Wire fraud

Maximum Prison Term: 20 Years

EIDL

$14M

Kieanna Garrett

Wire fraud

Maximum Prison Term: 20 Years

EIDL

$40k

Nicole Bramble-King

Wire fraud

Maximum Prison Term: 20 Years

PPP

$40k

These COVID Fraud cases from the Tampa Division are being handled by AUSAs Rachel Jones, Greg Pizzo, Candace Rich, and Jennifer Peresie

Orlando Division

Evan Edwards (64)

Joshua Edwards (30)

Conspiracy to commit bank fraud

Maximum Prison Term: 30 years

Bank fraud

Maximum Prison Term: 30 years

Visa fraud

Maximum Prison Term: 10 years

False statements

Maximum Prison Term: 30 years

PPP

$8M

Emmet Bowens (53)

 

Wire fraud

Maximum Prison Term: 20 Years

Illegal monetary transactions

Maximum Prison Term: 10 Years

PPP

$740k

Keith Ingersoll

Conspiracy to commit wire fraud

Maximum Prison Term: 5 Years

Wire fraud

Maximum Prison Term: 20 Years

Aggravated identity theft

Maximum: Prison Term: Two Years Consecutive

EIDL

$66k

Jaheim Davis

Access device fraud

Maximum Prison Term: 10 Years

Aggravated identity theft

Maximum: Prison Term: Two Years Consecutive

UI

$219k

These COVID Fraud cases from the Orlando Division are being handled by AUSAs Kara Wick, Chauncy Bratt, Shannon Laurie, and Amanda Daniels

Jacksonville Division

Jacob Byrd

Wire fraud

Maximum Prison Term: 20 Years

PPP

$20k

Desmond Williams

Wire fraud conspiracy

Maximum Prison Term: 20 Years

Wire fraud

Maximum Prison Term: 20 Years

PPP

$40k

These COVID Fraud cases from the Jacksonville Division are being handled by AUSA Kevin Frein

Fort Myers Division

Venera Price (45)

Mail fraud

Maximum Prison Term: 20 Years

ERAP

$82k

This COVID Fraud case from the Fort Myers Division is being handled by AUSA Yolande Viacava

Ocala Division

Lavelle Harris (36)

Wire Fraud

Maximum Prison Term: 20 Years

PPP

$1.2M

Henry Wade

Wire Fraud

Maximum Prison Term: 20 Years

EIDL

$500k

These COVID Fraud cases from the Ocala Division are being handled by AUSA Hannah Nowalk

Adjudicated Cases

Tampa Division

Jorge Gutierrez Echeverria (33)

Wire fraud

Maximum Prison Term: 20 Years

EIDL

$150k

Keaujay Hornsby (26)

Racketeering conspiracy

Maximum Prison Term: 20 Years

Aggravated identity theft

Maximum Prison Term: Two Years Consecutive

Access device fraud

Maximum Prison Term: 10 Years

UI

$3M

Kareem Spann (27)

Racketeering conspiracy

Maximum Prison Term: 20 Years

Aggravated identity theft

Maximum Prison Term: Two Years Consecutive

Access device fraud

Maximum Prison Term: 10 Years

UI

$3M

Richard Simpkins (47)

 

Conspiracy to commit bank fraud

Maximum Prison Term: 30 Years

Illegal monetary transactions

Maximum Prison Term: 10 Years

PPP

$1.9M

Steve Moodie (33)

 

Conspiracy to commit wire fraud

Maximum Prison Term: 5 Years

Wire fraud

Maximum Prison Term: 20 Years

Aggravated identity theft

Maximum: Prison Term: Two Years Consecutive

UI

$1.5M

Marqus Willard Johnson

Bank fraud

Maximum Prison Term: 30 Years

Money laundering

Maximum Prison Term: 20 Years

PPP

$500k

Omar Esquivel Bello

Wire fraud

Maximum Prison Term: 20 Years

EIDL

$242k

These COVID Fraud cases from the Tampa Division are being handled by AUSAs Rachel Jones, Diego Novaes, Tiffany Fields, Jennifer Peresie, and Greg Pizzo, and DOJ Trial Attorney John Scanlon

Orlando Division

Brian Blake (30)

 

Possession of device-making equipment

Maximum Prison Term: 15 Years

Access device fraud

Maximum Prison Term: 10 Years

Aggravated identity theft

Maximum: Prison Term: Two Years Consecutive

PPP/UI

$832k

Daniel Johnson (34)

Conspiracy to commit wire fraud

Maximum Prison Term: 20 Years

Aggravated identity theft

Maximum Prison Term: Two Years Consecutive

Unlawful transfer of firearm

Maximum Prison Term: 5 Years

UI

$2.3M

Teresa McIntyre (55)

Conspiracy to commit wire fraud and other offenses

Maximum Prison Term: 5 Years

EIDL

$730k

 

This COVID Fraud case from the Orlando Division is being handled by AUSAs Chauncey Bratt, Amanda Daniels, Jennifer Harrington, and Dana Hill, and U.S. Attorney Roger Handberg

Fort Myers Division

Daniel Joseph Tisone (34)

 

Wire fraud

Maximum Prison Term: 20 Years

Bank fraud

Maximum Prison Term: 30 Years

Money laundering

Maximum Prison Term: 10 Years

Aggravated Identity Theft

Maximum Prison Term: 2 Years Consecutive

Possession of Ammunition by a Prohibited Person

Maximum Prison Term: 10 Years

PPP/EIDL/MSLP

$2.6M

Liliana Gonzalez (31)

 

Wire fraud

Maximum Prison Term: 20 Years

PPP

$169k

These COVID Fraud cases from the Fort Myers Division are being handled by AUSAs Trent Reichling and Jesus M. Casas

Sentenced Cases

Tampa Division

Louis Thornton, III (63)

 

Wire Fraud

Sentence Imposed: 42 months in federal prison

EIDL/PPP

$815k

Kary Stevenson (48)

Corey Quinn (35)

 

Conspiracy to commit access device fraud and aggravated identity theft

Sentence Imposed: 5 years, 10 months in federal prison (Stevenson)

Sentence Imposed:7 years in federal prison (Quinn)

UI

$1M

Bridgitte Keim (52)

 

Bank fraud

Sentence Imposed: 2 years in federal prison

PPP

$588k

Wayne Ganaway (47)

 

Conspiracy to commit wire fraud

Sentence Imposed: 4 years in federal prison

EIDL

$300k

Eriaius Bentley (29)

Racketeering conspiracy, aggravated identity theft, access device fraud

Sentence Imposed: One year in federal prison

UI

$3M

Rolanda Wingfield (39)

Access device fraud, Aggravated identity theft

Sentenced Imposed: 3 years in federal prison

UI

$135k

 

Tywon Spann (25)

Racketeering conspiracy, aggravated identity theft, access device fraud

Sentence Imposed: 6 years and 9 months in federal prison

UI

$3M

Randy Jones (34)

 

Wire fraud, aggravated identity theft

Sentence Imposed: 5 years and 1 month in federal prison

EIDL/UI

$250k

Julio Lugo (45)

 

Conspiracy to commit money laundering

Sentence Imposed: 7 years and 6 months in federal prison

EIDL/PPP

$4.4M

Keith Nicoletta (49)

 

Conspiracy to commit money laundering

Sentence Imposed: 24 months in federal prison

PPP

$1.9M

Rosenide Venant (37)

 

Conspiracy to commit money laundering

Sentence Imposed: 5 years in federal prison

EIDL/PPP

$413k

 

Melinda Hernandez (33)

 

Conspiracy to commit wire fraud

Wire fraud and aggravated identity theft

Sentence imposed: Three years and six months in federal prison

UI

$1.5M

Briantina Mills

Wire fraud and theft of government funds

Sentence imposed: 15 months in federal prison

 

 

These COVID Fraud cases from the Tampa Division were handled by AUSAs Rachel Jones, Greg Pizzo, Tiffany Fields, Diego Novaes, and SAUSA Chris Poor

Orlando Division

Jacquavius Smith (21)

 

Possession of short-barreled rifle; felon in possession of firearm; and aggravated identity theft

Sentence Imposed: 7 years, 1 month in federal prison

PPP

$10k

 

Johnson Eustache (40)

 

Wire fraud

Sentence Imposed: 5 years in federal prison

EIDL/PPP

$2.2M

Joseph Harrison (43)

 

Conspiracy to commit wire fraud

Sentence Imposed: 12 months in federal prison

UI

$2.1M

Tomas Ziupsnys (39)

 

Conspiracy to commit bank fraud; bank fraud; aggravated identity theft

Sentence Imposed: 5 years in federal prison

PPP

$2M

Holly Urban (36)

 

Conspiracy to commit bank fraud

Sentence Imposed: 30 months in federal prison

PPP

$1.5M

Joel Greenberg (37)

Conspiracy to commit wire fraud and other offenses while on pretrial release

Sentence Imposed: 11 years in federal prison

EIDL

$430k

Don Cisternino (46)

 

Wire fraud, illegal monetary transactions, and aggravated identity theft

Sentence Imposed: 8 and one half years in federal prison

PPP

$7.2M

 

These COVID Fraud cases from the Orlando Division were handled by AUSAs John Gardella, Amanda Daniels, Chauncey Bratt, Emily Chang, and Jennifer Harrington, and U.S. Attorney Roger Handberg

Fort Myers Division

Casey Crowther (36)

 

Bank fraud, false statement to a financial institution, illegal monetary transaction

Sentence Imposed: 3 years, 1 month in federal prison

PPP

$2.7M

Anthony Bruey (36)

Amber Bruey (35)

 

Conspiracy to commit wire fraud, wire fraud, Conspiracy to commit money laundering, Illegal monetary transactions

Sentence Imposed:

Anthony Bruey: 4 years, 3 months in federal prison

Amber Bruey: 4 years in federal prison

PPP/EIDL

$881k

Edrica Leann Watson (30)

 

False statement to a lending institution

Sentence Imposed: 15 months in federal prison

PPP

$392k

These COVID Fraud cases from the Fort Myers Division were handled by AUSA Trent Reichling and AUSA Jesus M. Casas

Types of Fraud*

Economic Injury Disaster Loan (EIDL)

Paycheck Protection Program (PPP)

Unemployment Insurance (UI)

Main Street Lending Program (MSLP)

Emergency Rental Assistance Program (ERAP)

 

Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Kevin Deane Jones (50, Kissimmee) to 10 years in federal prison for unlawfully possessing ricin, a biological toxin, and for possessing two firearms as a convicted felon. Jones was also ordered to forfeit the two firearms. Jones had pleaded guilty on May 10, 2022.

According to court documents and evidence presented during the sentencing hearing, on December 6, 2021, the FBI received a complaint that Jones had manufactured ricin intending to use it to kill his former partner. Law enforcement officers then learned that Jones had ordered numerous items from the internet to produce ricin, had reportedly tested water guns to see which ones leaked, and had said that he would go on vacation immediately after spraying his former partner in the face with the ricin, so that he would have an alibi when she died.

On December 17, 2021, law enforcement officers learned that Jones intended to travel to another state, where his former partner lived. Officers stopped Jones, and he admitted to manufacturing ricin. Officers found a plastic water gun in Jones’s truck, as well as five tubes filled with liquids that later tested positive for ricin. A search of Jones’s residence revealed additional tubes containing ricin, along with castor beans, documents pertaining to ricin, and approximately 200 rounds of various types of ammunition.

Additional investigation revealed that on December 6, 2021, Jones, a convicted felon who is prohibited from possessing firearms, was questioned by agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding his possession of weapons. Following the ATF visit, Jones removed multiple firearms and ammunition and took them to a storage unit rented in his name. Law enforcement later searched the storage unit and found a rifle, handgun, silencer, and approximately 3,000 rounds of various types of ammunition.

“This investigation demonstrates the strength of our law enforcement partnerships and the determination of the special agents and officers who risk their lives every day to rid our communities of dangerous individuals like Mr. Jones,” said FBI Tampa Division Special Agent in Charge David Walker.

“We appreciate the efforts of our partners in federal law enforcement for helping to bring Mr. Jones to justice,” said Sheriff Marcos Lopez. “He is a dangerous individual who put not only the victim, but the community at risk. He deserves to be in prison for a long time.”

This case was investigated by the Federal Bureau of Investigation, with assistance from the Osceola County Sheriff’s Office, the Orange County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Jennifer M. Harrington.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found James Wayne Houck (65, Jacksonville) guilty of seven counts of distributing child sex abuse materials. Houck faces a minimum mandatory penalty of 5 years, up to 20 years, in federal prison on each count and a potential life term of supervised release. He was remanded into custody pending his sentencing hearing on May 1, 2023.

According to testimony and evidence presented at trial, on June 13, 2020, a user named “jimboleg” distributed multiple images of child sex abuse materials in the group “Everything goes #yggirls” on a particular social media application. An FBI investigation into the social media app account identified Houck as the person using the “jimboleg” account. FBI agents interviewed Houck multiple times about his activity on the app and he initially admitted to having the “jimboleg” account but did not recall sharing the child sex abuse materials. However, he later admitted to sharing the child sex abuse material on the app. FBI agents attempted to review Houck’s cellphone as part of their investigation, but he turned his phone into the phone carrier service provider to obtain a new phone and provided that new phone to the FBI for review. The service provider’s records confirmed that the phone that Houck turned in was the phone he had at the time he distributed the child sex abuse materials, despite Houck telling the FBI it was a different phone. 

Later in their investigation, the FBI learned from the National Center for Missing and Exploited Children that there was an investigation by another federal law enforcement agency about an upload of child sex abuse material to the social media app by user “jimleg6969” in 2019. The IP address from that investigation was the same as the one for “jimboleg.” Both social media app accounts had email addresses used by Houck.

This case was investigated by Homeland Security Investigations and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ashley Washington.

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

Tampa, Florida – U.S. District Judge Thomas Barber has sentenced Christian Kline (32, Moore Haven) to 27 years and 3 months in federal prison, followed by a lifetime of supervised release, for distribution of child sex abuse material. The court also ordered Kline to forfeit the electronic devices used in the commission of the offense and entered an order of restitution to the victims in the amount of $24,000. Kline had pleaded guilty on August 3, 2022.

According to court documents, in 2016, Kline was convicted in the Middle District of Florida for transportation of child sex abuse material. He was sentenced to 5 years and 10 months’ imprisonment, followed by 20 years of supervised release. While on supervised release, Kline was subject to routine polygraph examinations. During one such examination with U.S. Probation, Kline revealed that he had been downloading images and videos of child sexual abuse from the dark web. Further investigation revealed that Kline possessed numerous electronic devices which contained images and videos of child sexual abuse, including images and videos that Kline had distributed to another individual. 

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ilyssa Spergel.

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

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Christopher Michael Ratten (32, Stafford, VA) to seven years in federal prison for transportation of child sex abuse images. Ratten had pleaded guilty on October 17, 2022.

According to court documents, on September 4, 2021, Ratten flew from Washington, D.C. to Florida. He then traveled to Port Canaveral where he boarded a commercial cruise ship. The cruise made stops in the Bahamas before returning to Port Canaveral on September 9, 2021. Upon Ratten’s reentry to the United States, an agent from Homeland Security Investigations (HSI) conducted a border search of Ratten’s cellphone and located child sex abuse images on the phone. Further forensic investigation revealed that Ratten had more than 4,500 images and videos of child sex abuse on his phone, a number of which depicted the sexual abuse of infants and toddlers and bestiality. 

“This deviant fed his perversion through a vast and rapidly growing collection of explicit images and videos of children and animals being sexually abused,” said Homeland Security Investigations (HSI) Orlando Assistant Special Agent in Charge David J. Pezzutti. “Thanks to the dedication of our partners at U.S. Customs and Border Protection who initially discovered the imagery, we were able to fully investigate and prosecute this predator’s abhorrent behavior.”

This case was investigated by Homeland Security Investigations (HSI) and U.S. Customs and Border Protection. It is being prosecuted by Assistant United States Attorney Amanda Daniels.

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.

Tampa, FL – U.S. District Judge Mary S. Scriven has sentenced Edwin Hill, a/k/a “Z” (51, Holiday), to 21 years and 10 months in federal prison for conspiracy to distribute 400 grams or more of fentanyl and 1 kilogram or more of heroin, four counts of distribution of fentanyl, possession with the intent to distribute 400 grams or more of fentanyl and 500 grams or more of cocaine, and possession of firearms in furtherance of drug trafficking. The court also ordered Hill to forfeit his interest in a house in Pasco County that was used in committing the offenses, as well as a handgun. Hill previously agreed to forfeit $400,536 in drug proceeds, three handguns, and assorted ammunition. Hill was arrested on September 27, 2018, and subsequently detained. He pleaded guilty on October 11, 2022.

According to court documents, Hill trafficked fentanyl in Pasco County. He used a residence in New Port Richey for distributing the drugs and his personal residence in Holiday for storing the controlled substances, cash, and firearms. After four controlled purchases of fentanyl from Hill were made, federal authorities obtained search warrants for both residences and executed them on September 27, 2018. More than a half-kilogram of fentanyl, almost a kilogram of cocaine, five firearms (including two that were reported stolen), and more than $370,000 in cash was recovered from the two houses. During an interview with law enforcement, Hill admitted to drug trafficking, ownership of the seized guns, and that the seized money was the proceeds of drug sales. On September 27, 2018, after agreeing to cooperate with the investigation, Hill secretly, and without informing law enforcement, placed three texts to coconspirator Nelson White, that he had been arrested:

Text 1: D e a

Text 2: Dont come

Text 3: Stop answering the feds got me

Law enforcement observed White leave his residence after a bag was loaded into his car. A deputy from the Pasco Sheriff’s Office pulled over White’s car for a traffic violation and found approximately an additional pound of fentanyl, almost a half-kilogram of cocaine, more than $29,000 in cash, four additional firearms, and assorted ammunition. White was convicted of conspiracy and sentenced on December 1, 2020, to more than 21 years in federal prison. A separate coconspirator, William Gaston, was sentenced on July 28, 2020, to 10 years in federal prison.

This case was investigated by the Drug Enforcement Administration, the Pasco Sheriff’s Office, the Hardee County Sheriff’s Office, the Plant City Police Department, and the Winter Haven Police Department. It was prosecuted by Assistant United States Attorney Dan Baeza.

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

Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Don V. Cisternino (47, Chuluota) to eight years and six months in federal prison for wire fraud, aggravated identity theft, and illegal monetary transaction. The court also ordered Cisternino to forfeit a total of $1,071,923.98 seized from five different bank accounts, which are funds traceable to proceeds of the offense. In addition, the court entered an order of forfeiture in the amount of $7.21 million, which represents the total proceeds obtained by Cisternino from the wire fraud scheme. The court also ordered Cisternino to pay restitution to the U.S. Small Business Administration in the amount of $7,445,855.89. Cisternino had pleaded guilty on September 20, 2022, after being extradited from Croatia.

According to court documents, in May 2020, Cisternino fraudulently secured more than $7.2 million in emergency funds through a Paycheck Protection Program (“PPP”) loan. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted March 2020. It was designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in potentially forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding. The PPP allowed qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses were required to use PPP loan proceeds for payroll costs, interest on mortgages, rent, and utilities.

Cisternino’s PPP loan application falsely claimed that his business, MagnifiCo, had 441 employees and monthly payroll expenses in 2019 of more than $2.8 million. In truth, MagnifiCo had no employees other than Cisternino. In support of his PPP loan application, Cisternino submitted false W-2s for MagnifiCo’s purported employees, many of which listed the names and Social Security numbers of actual persons who were not MagnifiCo employees and who had not authorized Cisternino to use their identities.

Once he obtained the emergency loan of $7.2 million, Cisternino did not use these funds for qualifying expenses. Instead, he spent the funds for his own personal enrichment, including the purchase of Maserati and Mercedes-Benz vehicles, as well as the purchase of a 12-acre estate with a 12,579 sq. ft. residence in Seminole County, pictured below.

On January 22, 2021, after learning that he was under investigation for PPP loan fraud, Cisternino fled to Switzerland. He was arrested on April 11, 2021, pursuant to an Interpol Red Notice, as he attempted to enter Croatia from Slovenia by way of Italy.

“I would like to congratulate the dedicated prosecutors and agents, as well as our international partners, who brought this defendant to justice,” said Department of Justice Acting Director of COVID-19 Fraud Enforcement Michael Galdo. “This case demonstrates the Department of Justice’s ongoing commitment to prosecute those who defrauded our pandemic relief programs and bring them to justice no matter where in the world they try to hide.”

“The Paycheck Protection Program (PPP) was enacted to help businesses keep their workforce paid at the height of the pandemic. Unfortunately, Mr. Cisternino chose instead to use the funds he obtained as his personal pandemic piggyback,” said Ronald A. Loecker, IRS-CI Acting Special Agent in Charge. “This sentencing should serve as a warning to those who might have engaged in similar fraudulent activity that holding those accountable for these crimes remains a high priority for federal authorities.”

This case was investigated by the Internal Revenue Service – Criminal Investigation, Tampa Field Office. The Justice Department’s Office of International Affairs and Croatian authorities provided valuable assistance in securing Cisternino’s arrest and extradition.  It was prosecuted by Assistant United States Attorney Chauncey A. Bratt, with assistance from Assistant United States Attorneys Nicole Andrejko and Jeremy Bloor.

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Leon Erick Williams (41, St. Petersburg) to 6 years and 9 months in federal prison for distributing cocaine. Williams had pleaded guilty on October 11, 2022.

According to court documents, Williams previously served a 12-year federal prison sentence for his involvement in a multi-kilogram cocaine distribution conspiracy in Hillsborough County. In February 2022, while on federal supervised release for that offense, Williams sold cocaine to undercover police officers at an adult entertainment club in Pinellas Park. Williams then coordinated another cocaine deal with the undercover officers via text message. A few days later, Williams sold the undercover officers more cocaine in the club’s restroom. Unbeknownst to the undercover officers, Williams had been arrested on unrelated drug charges on the night of February 9, 2022. He was released on bond from the Pinellas County Jail on February 10, 2022, and returned to the club later that day to sell more cocaine.

This case was investigated by the Pinellas County Sheriff’s Office and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney David W.A. Chee.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Justin Roberson (34, Clearwater) to 15 years in federal prison for possession with the intent to distribute methamphetamine and fentanyl. Roberson had pleaded guilty on September 20, 2022.

According to court documents, the Clearwater Police Department (CPD) and the Drug Enforcement Administration (DEA) were involved in an investigation involving the distribution of methamphetamine, cocaine, and fentanyl in Clearwater. Law enforcement received information that Roberson was distributing cocaine and methamphetamine. Undercover operations conducted by CPD and DEA resulted in the arrest of Roberson for the distribution of methamphetamine and fentanyl. Additionally, law enforcement recovered several firearms used by Roberson during his distribution of the narcotics. The firearms included rifles and semi-automatic weapons.

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

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

Tampa, Florida – U.S. District Judge Virginia Hernandez Covington has sentenced Eric Paul Jones (44, New Port Richey) to 30 years and 5 months in federal prison for production and possession of child sex abuse material. The court also ordered Jones to forfeit the electronic devices used in the commission of the offense and entered an order of restitution to the victims in the amount of $18,528, and an assessment in the amount of $18,000 to the Amy, Vicky, and Andy Child Pornography Victim Assistance Fund. Jones had pleaded guilty on October 13, 2022.

According to court documents, Jones belonged to an online group dedicated to discussing and trading child sex abuse material. On April 19, 2021, Jones began communicating with an undercover FBI agent. Jones told the undercover agent that he had engaged in sexual activity with a 10-year-old child, to whom he had access. Jones then sent the undercover agent sexually explicit videos and images he had produced of the child victim, as well as child sex abuse material he possessed of other victims.

A few days later, on April 22, 2021, the FBI executed a search warrant for Jones’s residence, as well as for the cellphone Jones had used to communicate with the undercover agent. A search of Jones’s cellphone revealed that he was in possession of more than 100 child sex abuse images and videos of young children engaged in sexually explicit conduct, some of which included infants and toddlers subjected to bondage and sadomasochistic conduct. The FBI also found the same images and videos that Jones had sent to the undercover agent on Jones’s cellphone. Jones later admitted to agents that he had been producing child sex abuse images of the child victim for several years.

“While it’s heartbreaking to learn of yet another child victim of a sexual predator, it’s reassuring to learn of the dedicated work by special agents to make sure that predator spends a long time in prison for his despicable crime,” said FBI Tampa Division Special Agent in Charge David Walker.        

This case was investigated by the Federal Bureau of Investigation, with assistance from the Metropolitan Police Department of the District of Columbia, the Pasco Sheriff's Office, and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.

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.

BRUNSWICK, GA:  A total of 76 defendants are named in a newly unsealed federal indictment describing a massive drug trafficking investigation tied to the Ghost Face Gangsters criminal street gang that includes allegations of multiple deaths from illegal drug overdoses.

As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters in Brunswick, Ga., the indictment in USA v. Alvarez et. al, dubbed Operation Ghost Busted, charges 76 defendants with involvement in a drug trafficking conspiracy that distributed large amounts of methamphetamine, fentanyl, heroin, and alprazolam in the greater Glynn County area, said David H. Estes, U.S. Attorney for the Southern District of Georgia. The primary Conspiracy charge in the indictment carries a mandatory minimum sentence of 10 years in prison, up to life, along with substantial financial penalties and a period of supervised release following any prison term.

There is no parole in the federal system.

“Operation Ghost Busted demonstrates the focused commitment of law enforcement agencies at all levels in identifying, infiltrating and disrupting drug trafficking networks in our communities,” said U.S. Attorney Estes. “We are proud to serve with these professionals in the continuing work to make our neighborhoods safe from illegal gang activity and the violent crime it spawns.”

Operation Ghost Busted is an Organized Crime Drug Enforcement Task Forces investigation, led by the FBI Coastal Georgia Violent Gang Task Force, the Glynn County Police Department, the Brunswick Police Department, the Glynn County Sheriff's Office, and the Camden County Sheriff's Office. For more than two years, investigators from multiple federal, state and local law enforcement agencies collaborated to identify a sprawling drug trafficking network operating in south Georgia counties including Glynn, Pierce, Camden, Wayne, Treutlen, McIntosh, Toombs, Telfair, Dodge, and Ware. The conspiracy operated inside and outside state prison facilities with assistance from at least one compromised corrections officer, who worked with a leader of the conspiracy who is serving a life sentence for murder. The conspiracy includes members of the Ghost Face Gangsters white supremacist criminal street gang, along with affiliates of the Aryan Brotherhood, Bloods, and Gangster Disciples.

In addition to the primary conspiracy charge naming all 76 defendants, the indictment charges two of the defendants with distribution of illegal drugs – fentanyl and methamphetamine – that resulted in the deaths of three individuals from drug overdoses.

The 118-count, 133-page indictment – believed to be the largest ever in the Southern District of Georgia – includes the forfeiture of 43 seized firearms, one vehicle, and more than $53,000 in cash. More than three dozen additional defendants face prosecution for state charges as a result of the investigation.

In addition to other charges filed against individual defendants, each of the defendants named in USA v. Alvarez et. al is charged with Conspiracy to Possess with Intent to Distribute, and to Distribute, 50 Grams or More of Methamphetamine, and a Quantity of Fentanyl, Heroin, and Alprazolam. They include:

• David E. Alvarez, 24, of Townsend, Ga.;
• Garrison A. Bell, 35, of Brunswick, Ga.;
• Desiree M. Briley, 26, of McRae-Helena, Ga.;
• Rachael P. Byrd, a/k/a “Byrd is the Word,” a/k/a “Rachael NeSmith,” 25, of Brunswick, Ga.;
• Terry L. Cason II, 36, of Brunswick, Ga.;
• Tonya C. Cox, a/k/a “Shuge White,” 43, of Brunswick, Ga.;
• Abraham Crews, a/k/a “Abe,” 41, of Waverly, Ga.;
• Hannah G. Croft, 23, of Brunswick, Ga.;
• Michael S. Daniels, 39, of Waynesville, Ga;
• Marissa D. Davis, 31, of Brunswick, Ga.;
• Willie H. Day, 52, of Brunswick, Ga.;
• Ashley Deen, 29, of Brunswick, Ga.;
• Cody M. Demers, a/k/a “Bravo Seven,” 24, of Blackshear, Ga.;
• Skyler T. Drawdy, 24, of Darien, Ga.;
• Taylor D. Drew, 32, of Brunswick, Ga.;
• Joshua A. Drury, 41, of Darien, Ga;
• Jonathan R. Elrod, a/k/a “Brazy Jay,” a/k/a “Jay,” a/k/a “John Boy,” 33, of Blairsville, Ga.;
• Joshua E. Enke, 33, of Brunswick, Ga.;
• Juan C. Everette, a/k/a “Don Juan,” 36, of Brunswick, Ga.;
• Andrew R. Flanagan, a/k/a “Drew,” 35, of Brunswick, Ga.;
• Verdalee D. Flanagan, a/k/a “ Verlee,” 37, of Nahunta, Ga.;
• Alexa B. Foster, a/k/a “Lexa,” 29, of Brunswick, Ga.;
• Theodore Gee, a/k/a “Keno,” 44, of Brunswick, Ga.;
• Chad L. Googe, 40, of Brunswick, Ga.;
• Shawn S. Green, a/k/a “Polo Green,” 42, of Brunswick, Ga.;
• Laura R. Harden, 49, of Brunswick, Ga.;
• John E. Harrison, a/k/a “Johnny,” 25, of Brunswick, Ga.;
• Priscilla Hemingway, a/k/a “Priscilla Carr,” 43, of Brunswick, Ga.;
• Wyndel L. Herndon, 40, of Brunswick, Ga.;
• Britnee V. Houston, 28, of Waynesville, Ga.;
• Timothy W. Hutchinson, a/k/a “Tim,” 58, of Brunswick, Ga.;
• Kenneth W. Lane, a/k/a “Skinny,” 43, of Hortense, Ga.;
• Timothy W. Loper, 35, of Brunswick, Ga.;
• Kenneth Mainor, a/k/a “Busta Bill,” 66, of White Oak, Ga.;
• Kenyetta D. Mainor, a/k/a “Yatta,” 46, of Brunswick, Ga.;
• Wendell McClain, 34, of Brunswick, Ga.;
• Cameren A. McDonald, 26, of Brunswick, Ga.;
• Justin W. McGhee, 36, of Darien, Ga.;
• Charlie A. Moody, 42, of Brunswick, Ga.;
• Antonio Morales, a/k/a “Silence,” a/k/a “Silent Ololade,” 29, of Vidalia, Ga.;
• Aubrey NeSmith, 21, of Metter, Ga.;
• James D. NeSmith, a/k/a “DG,” 25, an inmate at Telfair State Prison;
• Mary NeSmith, 58, of Metter, Ga.;
• Eric S. Ogden, a/k/a “Scotty,” 35, of Woodbine, Ga.;
• Auston J. Proctor, 32, of Woodbine, Ga.;
• Michael A. Provenzano, 34, of Brunswick, Ga.;
• Jimmy A. Reynolds, a/k/a “Jim,” 54, of Brunswick, Ga.;
• James C. Richardson, 35, of Brunswick, Ga.;
• William W. Ringle, a/k/a “Will,” 42, of Brunswick, Ga.;
• Anthony D. Ruffner, 32, of Brunswick, Ga.;
• Samantha S. Russell, 34, of Brunswick, Ga.;
• Jamey E. Sapp, 50, of St. Simons Island, Ga.;
• Blake K. Screen, 34, of Brunswick, Ga.;
• John D. Screen, 31, of Brunswick, Ga.;
• Adam H. Smith, 43, of Brunswick, Ga.;
• Brian T. Spell, 32, of Waynesville, Ga.;
• Gregory W. Stabile, a/k/a “G,” a/k/a “Lts Be DAreason,” 37, of Brunswick, Ga.;
• James L. Stephens, a/k/a “Rabbit,” 39, of Brunswick, Ga.;
• Debra L. Stokes, a/k/a “Debbie,” 59, of Brunswick, Ga.;
• Stephanie L. Stover, 44, of Brunswick, Ga.;
• Jason A. Sweat, 35, of St. Marys, Ga.;
• Clinton Taylor, 34, of Brunswick, Ga.;
• Cori L. Taylor, 26, of Eastman, Ga.;
• Larry B. Taylor, a/k/a “Lee Lee,” 57, of Jacksonville, Fla.;
• Christopher J. Thompson, 35, of Brunswick, Ga.;
• Ronald E. Thompson, a/k/a “E,” a/k/a “3D,” 39, of Brunswick, Ga.;
• Jesse J. Trujillo, 30, of Swainsboro, Ga.;
• Charles W. Walrath, a/k/a “Boomer,” 51, of Brunswick, Ga.;
• Dayton P. Whatley, 35, of St. Simons Island, Ga.;
• David Nicholas Wheeler, 52, of Waverly, Ga.;
• Dakota L. White, 21, of Vidalia, Ga.;
• James D. Wiggins, a/k/a “Brad Jones,” 30, of Brunswick, Ga.;
• Jeremy D. Wix, 42, of Townsend, Ga.;
• Heaven L. Wolfe, 32, of Blackshear, Ga.;
• Joshua T. Wolfe, a/k/a “White Boy,” a/k/a “Tom Walier,” 29, of Blackshear, Ga.; and,
• David D. Young, a/k/a “Khaos,” 42, of Hortense, Ga.

The defendants in the investigation are scheduled this week for initial appearance hearings in U.S. District Court in Brunswick. Indictments include only charges; each of the defendants is presumed innocent unless and until proven guilty.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.

Agencies involved in the investigation include the FBI Coastal Georgia Violent Gang Task Force; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the Georgia Bureau of Investigation; the Georgia Department of Corrections; the Georgia Department of Community Supervision; the Glynn County Police Department; the Brunswick Police Department; and sheriff’s offices from Glynn, Pierce, Camden, Wayne, Treutlen, McIntosh, Toombs, Telfair, Dodge, and Ware counties. The case is being prosecuted for the United States by Assistant U.S. Attorneys Jennifer J. Kirkland and Criminal Division Deputy Chief E. Greg Gilluly Jr. 

Indictment: USA v. Alvarez et. al

Tampa, Florida – U.S. District Judge Kathryn Mizelle has sentenced Michael Lumpkin (27, Land O’Lakes) to 52 years in federal prison for producing child sex abuse materials, followed by a lifetime of supervised release. Lumpkin had pleaded guilty on October 3, 2022.

According to court documents, beginning around July 2019 through February 2020, Lumpkin coerced a minor to engage in sexual activity and create sexually explicit videos. Lumpkin threatened to expose the minor on “Pornhub” if the minor did not send the sexually explicit videos he had requested. Additionally, Lumpkin possessed images and videos on his cellphone of minors being sexually abused, including children under the age of 12.

“The defendant’s victim lived in constant fear, enduring a barrage of brutal threats. I commend the tireless work of our special agents and task force officers who have made sure this dangerous individual goes to prison so he can no longer harm anyone else,” said FBI Tampa Division Special Agent in Charge David Walker.

This case was investigated by the Federal Bureau of Investigation and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Ilyssa M. Spergel.

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

Ocala, Florida – Senior United States District Judge Gregory A. Presnell has sentenced John Jones (56, District of Columbia) to 20 years in federal prison for assaulting a federal correctional officer with a deadly weapon and possessing contraband in a federal penitentiary. This sentence was imposed consecutively to the life sentence Jones is currently serving for two first-degree murder convictions from the Superior Court of the District of Columbia. Jones had pleaded guilty on September 6, 2022.

According to the court documents, Jones was an inmate in the Coleman Federal Correctional Complex serving a life sentence for two first-degree murder convictions. On September 5, 2021, Jones stabbed his cellmate in the shoulder and left arm using a six-and-a-half-inch bladed weapon. When a correctional officer responded to the attack, Jones lunged at the officer multiple times with his right arm extended and clutching his weapon. Jones later admitted that he intended to kill his cellmate, stating that he was aiming for his cellmate’s jugular vein.

This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Hannah Nowalk.

Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Luis Omar Rosa Cotto (32, Orlando), Alejandro Acevedo Luna (34, Apopka), and Juan Carlos Garcia (38, Apopka) to federal prison for their roles in a conspiracy to distribute fentanyl.

Luis Omar Rosa Cotto

Pleaded guilty on July 12, 2022

Responsible for over 1.5 kilograms of fentanyl

Sentenced on November 7, 2022, to 10 years in federal prison

Alejandro Acevedo Luna

Pleaded guilty on July 6, 2022

Responsible for over 1 kilogram of fentanyl

Sentenced on January 6, 2023, to 15 years in federal prison

Juan Carlos Garcia

Found guilty at trial on October 17 to 19, 2022

Responsible for over 1 kilogram of fentanyl

Sentenced on January 6, 2023, to 10 years in federal prison

According to court documents, Acevedo Luna and Garcia conspired to drive to a gas station in Apopka and sell more than a kilogram of fentanyl for $33,000. Garcia drove the vehicle and brought a loaded handgun with him, and Acevedo Luna brought the drugs and set up the deal. The Drug Enforcement Administration (DEA) received information about the drug transaction and worked with the Apopka Police Department to conduct a traffic stop. After a search, the loaded handgun was recovered from the center console of the vehicle and the package of drugs was located in the backseat. Both men were arrested without incident.

On the same day, Rosa Cotto was determined to be the source of the fentanyl and a controlled purchase was set up by the DEA to buy an additional half kilogram of fentanyl. Rosa Cotto arrived at the buy location with the drugs, and he was arrested. A bag containing more than half a kilogram of fentanyl was found inside his vehicle. All of the drugs were tested by the DEA laboratory and determined to be p-Fluorofentanyl, which is an analogue of fentanyl and is classified as a Schedule I controlled substance. 

This case was investigated by the DEA, Homeland Security Investigations, and the Apopka Police Department. It was prosecuted by Assistant United States Attorneys John M. Gardella and Courtney Richardson-Jones.

Ocala, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Uriel Fajardo-Albarran (27, Coleman) guilty of one count of conspiring to distribute 50 grams or more of methamphetamine and three counts of distribution of methamphetamine. Fajardo-Albarran faces a minimum mandatory penalty of 10 years, up to life, in federal prison. A sentencing date has not yet been set.

According to evidence presented during the three-day trial, Fajardo-Albarran received large amounts of methamphetamine from sources in Mexico, Texas, and Atlanta, Georgia. He then transported the methamphetamine to the Middle District of Florida where he used lower-level dealers to distribute multiple kilograms of the substance each week for approximately two years. Fajardo-Albarran organized the network of distribution after taking over for a supplier who had previously been convicted and sentenced to federal prison.

This case was investigated by the Drug Enforcement Administration, the Columbia County Sheriff’s Office, the Lake City Police Department, the Florida Highway Patrol, the Unified Drug Enforcement Strike Team, the Marion County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorneys Tyrie K. Boyer and Sarah J. Swartzberg. 

Tampa, Florida – United States Attorney Roger B. Handberg announces that Brian Carroll (46, Tennessee) has pleaded guilty to one count of wire fraud. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, Carroll was the Executive Vice President of Southeastern University, a university based in Lakeland, Florida. His responsibilities as Executive Vice President of Southeastern University included being the chief operating officer of the university, with responsibility for strategy, financial operations, and legal affairs.

Carroll was involved in a scheme to enrich himself and to defraud the university of funds in 2016. The scheme involved Carroll’s creation of a New Mexico corporation, which he secretly controlled, and the establishment of a bank account in the name of that corporation. He also created an email address for the company, which he used to further the scheme.

Around mid-2016, the leadership of Southeastern University was interested in rebranding the university and its web image. Carroll worked on the project and secretly “engaged” his New Mexico corporation to perform that project work. Over a six-month period, Carroll’s corporation generated a contract to do the work and a number of invoices for payment by Southeastern University for work purportedly performed. The total payment to the New Mexico corporation, for which Carroll sought and received payment from the university, was in excess of $180,000. Carroll kept his involvement with the New Mexico corporation a secret from any members of Southeastern University. In reality, Carroll’s New Mexico corporation did none of the work on this project. Instead, it had engaged a New York-based corporation to do the work on the project at the reduced cost of approximately $30,000.

During the course of the fraud scheme, Carroll, in his position at Southeastern University, approved a number of payments from university funds to his New Mexico corporation for its purported work on the project. Only after Southeastern University had spent over $180,000 on the project did it discover the involvement of Carroll in the New Mexico corporation and the real cost of the project. The Board of Directors suspended Carroll immediately and ultimately terminated his employment at the university soon thereafter in early 2017.

This case was investigated by the Federal Bureau of Investigation, with assistance from the Lakeland Police Department. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Jacksonville residents Raul Solis (52) and Raul Solis-Martinez (33) to 33 months and 21 months in federal prison, respectively, for conspiring to defraud the Internal Revenue Service (IRS) and to unlawfully employ workers who were neither lawfully admitted to, nor authorized to be employed in the United States. The court also ordered Solis and Solis-Martinez to pay $5,613,082.38 in restitution to the IRS.  Solis-Martinez had pleaded guilty on July 27, 2022, and Solis had pleaded guilty on August 4, 2022.

According to court documents, Solis and Solis-Martinez owned and operated Solis Brothers Company, LLC and Duval Framing, LLC, which are construction subcontracting companies in Jacksonville. To illicitly lower labor costs, they conspired with each other, and Hugo Cruz-Medina, the owner of another subcontractor (H&S Framing, LLC) to pay their employees partially “off the books.”  By paying employees with a mix of checks and cash, the conspirators avoided withholding the full amount of payroll taxes owed to the IRS. Between 2014 and 2019, their workers received approximately $22,186,096.35 in wages that were never reported to the IRS and from which no taxes were withheld. This practice led to a loss to the U.S. Treasury of approximately $5,613,082.38.

Further, by misrepresenting how much their employees were working, Solis and Solis-Martinez also defrauded the company that managed their payroll functions, as well as their workers’ compensation insurer, both of which relied on the conspirators’ false payroll reporting to calculate the cost of their services. In addition, Solis and Solis-Martinez knew that many of their employees had emigrated to the United States illegally or were otherwise not unauthorized to work here. Some workers had been previously deported from the United States, including Cruz-Medina, only to return and work for Solis and Solis-Martinez. 

In a related case, on February 25, 2021, Hugo Cruz-Medina (35, Jacksonville), was sentenced to 41 months’ imprisonment for conspiring to defraud the IRS, conspiring to commit mail and wire fraud, and illegally reentering the United States after previously being deported.  

“Employers have a responsibility to their employees to withhold the proper amount of taxes and pay those taxes over to the IRS,” said Ronald A. Loecker IRS-CI Acting Special Agent in Charge. “In this instance, greed drove the defendants to cheat their competitors and steal from both their employees and the American public. Today’s sentencing demonstrates that you can’t expect integrity and loyalty from an employer who would do anything for money.”     

“This father and son criminal team profited financially by perpetrating fraud against the United States and private industry, while taking advantage of the country’s workforce,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “In partnership with the Internal Revenue Service – Criminal Investigation and the Florida Department of Financial Services, we will continue to hold these criminals accountable for defrauding both the government and private industry.”

This case was investigated by the Internal Revenue Service – Criminal Investigation, Homeland Security Investigations (HSI), U.S. Department of Labor – Office of Inspector General, and the Florida Department of Financial Services. It was prosecuted by Assistant United States Attorney Michael J. Coolican.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Jasmine Weber (28, Tampa) pleaded guilty today to conspiracy to commit Hobbs Act Robbery. Weber faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, between December 2020 and April 2021,

a group of individuals engaged in a conspiracy to rob individuals they suspected of distributing narcotics. During that time, the conspirators engaged in numerous armed robberies in Hillsborough, Pasco, Polk, and Lee counties, three of which resulted in shootings. While committing these offenses, the conspirators impersonated law enforcement officers by wearing black clothing, gloves, and masks—often with law enforcement insignia or vests with a “Sheriff” patch affixed. During certain robberies, the conspirators drove a black Dodge Durango and a white Chevrolet Malibu equipped with blue lights.

Weber was aware of this conspiracy and voluntarily participated in helping to accomplish its goal. Specifically, Weber purchased equipment, including Sheriff’s vests, patches, lights, and other items that she knew would be used by the conspirators to commit the armed robberies.

Members of this conspiracy also provided Weber with identifying information on their potential victims. Weber worked as a claims adjuster for an insurance company and had access to a Lexis Nexis account. Utilizing that database, and knowing the co-conspirators’ intentions, Weber researched the intended victims, and located their home addresses. Members of this conspiracy then committed robberies at those locations.

The individuals who allegedly carried out these robberies, Reginald Roberts, a/k/a/ “Rudy” (22, Lakeland), Nathaniel Keith Carr, a/k/a “Nate” (28, Riverdale), Daniel Jackson, a/k/a “D-Jack” (29, Winter Haven), Chrishawn De’Earl Butler, a/k/a “Baby” (22, Brooksville), and Darius Hudson, a/k/a “Toot” (43, Arcadia) were indicted on April 26, 2022, and are currently pending trial.

This case was investigated by the Federal Bureau of Investigation, with assistance from the Hillsborough County Sheriff’s Office, the Bartow Police Department, the Lakeland Police Department, the Dade City Police Department, the Cape Coral Police Department, the Pasco Sheriff’s Office, the Hernando County Sheriff’s Office, the Arcadia Police Department, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorney Diego F. Novaes.

Orlando, Florida – United States Attorney Roger B. Handberg announces that Nacoe Ray Brown (54, Baltimore, MD) has pleaded guilty to bank robbery and to violating the terms of his supervised release. Brown faces a maximum penalty of 20 years in federal prison for the bank robbery offense and up to 3 years’ imprisonment for violating the terms of his supervised release. A sentencing date has not yet been set.

According to the plea agreement and other court documents, Brown was previously convicted of robbing three banks in the Baltimore area in 2001. After a federal jury convicted him of the robberies, he was sentenced to 25 years in federal prison. In 2020, Brown was granted an early release from prison. Brown then began serving his term of supervised release under the U.S. Probation Office in Baltimore.

On June 28, 2022, while visiting Florida, Brown robbed the McCoy Federal Credit Union in Belle Isle. Wearing a baseball cap, sunglasses, a surgical style facemask, and plastic gloves, Brown passed a note to the teller threatening that he had a gun and demanding money. He fled the bank with $4,296 in stolen cash. Surveillance cameras captured Brown as he appeared to the teller during the robbery:

A witness watched Brown flee the bank and enter a nearby gas station where he had a change of clothes staged. The witness reported this to the Belle Isle Police Department, who quickly responded and located Brown at a hotel where he was staying. Police recovered the demand note and the stolen cash from Brown’s bag. They also recovered the disguise he had discarded in the restroom of the gas station.

After Brown was arrested, he told authorities that he committed the bank robbery because he was filming a movie in Florida and had run out of money to pay for the production.

This case was investigated by the Federal Bureau of Investigation and the Belle Isle Police Department. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.

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

Tampa, FL – United States Attorney Roger B. Handberg announced today the results of the United States Attorney’s Office’s ongoing efforts to fight violent crime through its partnership with the Tampa Police Department (TPD). During 2022, federal prosecutors and TPD worked together to charge and prosecute 91 defendants for federal crimes, including firearms and drug offenses. In total, these prosecutions removed 74 firearms from our streets. The prosecutions supported by TPD include:

• Robles Park Criminal Enterprise - The prosecution of the “Robles Park” criminal enterprise involved members and associates who engaged in murder, assault, intimidation, narcotics trafficking, unemployment insurance fraud, identity theft, obstruction of justice, and other crimes. Among other acts of violence, on July 19, 2020, Robles Park members committed a shooting outside the Truth Lounge in Tampa, starting a shootout that left eight people injured, including minors. In retaliation for the Truth Lounge shooting, rival gang members initiated an armed confrontation with members of the Robles Park organization in the parking lot of the International Plaza retail establishment in Tampa near several witnesses. The ensuing gun fight left behind 25 spent shell casings and several damaged vehicles. As a result, four individuals associated with the Robles Park enterprise have been charged with federal firearms and violent offenses; three of those individuals have pleaded guilty.
• United States vs. Jeffrey Davis and Tyee Spike – Davis and Spike received prison sentences of 24 years and 26 years and 3 months, respectively, following their convictions. According to court documents, Davis and Spike committed a series of commercial armed robberies in Tampa, Fishhawk, and Riverview. They brandished firearms during each of the robberies. During one of the robberies, Spike shot a victim in the stomach.
• United States vs. Antonio Phillips – Phillips received a sentence of 8 years in prison for possessing a firearm and ammunition as a convicted felon.  On December 1, 2020, in Tampa, Phillips and others conducted a drive-by shooting on an occupied vehicle. After the shooting, law enforcement air support tracked Phillips’ vehicle, which had fled the scene. Video surveillance captured muzzle flashes coming from the passenger side of the car where Phillips was sitting. Numerous bullet holes were observed on the other vehicle. Phillips and others fled from their car, discarded weapons, and jumped over fences and across yards before they were ultimately apprehended. Law enforcement recovered 3 guns, a 50-round drum-style magazine, and trigger-mounted laser.
• United States vs. Javeon Jacobs – A court sentenced Javeon Jacobs to 21 years’ imprisonment after he pleaded guilty to three counts of brandishing a firearm while committing carjackings. According to court documents, Jacobs committed three separate carjackings. In one of the carjackings, Jacobs kidnapped two victims, one of whom he also pistol-whipped.
• United States vs. Natwan Callaway – On January 30,2021, officers responded to reports of shots being fired and observed two men running away from the scene. Natwan Callaway, who was standing next to another male, was observed with the imprint of a firearm and extended magazine on his front right hip and apprehended with an empty holster. Nearby, officers found two loaded semi-automatic 9 mm pistols. Ammunition from one of the pistols (Glock 17 9mm) matched that used in a homicide in October 2020, an aggravated battery in December 2020, and an aggravated assault in January 2021, all in Tampa. Callaway’s DNA was found on that pistol. In May 2021, officers found several Instagram videos of Callaway possessing and utilizing several firearms, many of which were loaded. Callaway pleaded guilty to possessing a firearm as a felon on December 13, 2022. He faces a maximum of 10 years’ imprisonment.

“The U.S. Attorney’s Office is committed to doing our part to reduce violent crime,” said U.S. Attorney Roger B. Handberg. “That goal cannot be accomplished without the hard work and dedication of our law enforcement partners. In 2022, the Tampa Police Department (TPD) has played a critical role in investigating and prosecuting violent crimes. We look forward to continuing to work with TPD and our other local and federal law enforcement partners to further our goal of making the Tampa Bay area a safer place for its citizens.”

“Violent crime, in any form, negatively affects the quality of life of every person impacted, whether directly or indirectly,” said Interim Tampa Police Chief Lee Bercaw. “Every community member has the absolute right to feel safe in their homes and in their neighborhoods. The Tampa Police Department will continue to work alongside our federal, state, and local partners in our tireless efforts to hold those who would harm or threaten the public accountable, prosecute them to the full extent of the law, and make every community member feel safe in our city.”

These cases were investigated by the Tampa Police Department, with assistance from the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, and the Drug Enforcement Administration. They are being prosecuted by Assistant United States Attorneys Risha Asokan, Samantha Beckman, David Chee, Charlie Connally, Tiffany Fields, Craig Gestring, Michael Gordon, Michael Kenneth, Maria Guzman, Daniel Marcet, Christopher Murray, Samantha Newman, Diego Novaes, James Preston, Candace Rich, Michael Sinacore, Ilyssa Spergel, David Sullivan, Callan Albritton, and Jay Trezevant.

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

Tampa, FL ― U.S. Attorney Roger B. Handberg announced today that the Middle District of Florida (MDFL) collected $168,330,189 related to criminal and civil matters in the fiscal year ending September 30, 2022 (FY 2022). Of that amount, $103,089,821 represents total collections in criminal and civil actions. Included in this amount is $43,048,067 recovered in its locally handled cases; $17,769,638 in criminal cases and $25,278,429.11 in civil cases. 

The MDFL’s Civil Division, led by Civil Chief Randy Harwell, recovered a total of $85,181,948 on behalf of federal agencies and programs in affirmative civil enforcement cases during the last fiscal year. This amount has two components. In addition to its efforts in local civil cases noted above, the district’s Civil Division also joins forces with other U.S. Attorney’s Offices and with the Department of Justice Civil Frauds Section to address fraud schemes and illegal practices extending beyond district boundaries. The MDFL’s Civil Division recovered an additional $59,903,519.32 in these jointly handled cases. 

Additionally, the district’s Asset Recovery Division, led by Chief Anita Cream, working with partner agencies, forfeited $65,240,368 from criminal and civil asset forfeiture actions completed in fiscal year 2022. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes. For instance, in FY 2022, more than $14 million forfeited in the MDFL in this and prior years was returned to victims of the criminal offenses upon which the forfeitures were based, and approximately $3 million was shared with federal, state, and local law enforcement agencies. The district anticipates that the vast majority of the more than $65 million forfeited in FY 2022 will be returned to crime victims.

“Every day, we work alongside our law enforcement partners, federal, state, and local agencies to enforce our nation’s laws and recover illicit money from convicted criminals who have exploited government programs through fraud and abuse,” said U.S. Attorney Roger B. Handberg. “We will continue to coordinate our efforts to protect taxpayer resources, help victims recover from their losses, and restore public trust.”

U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights, or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the U.S. Department of Health and Human Services, the Defense Health Agency, the Internal Revenue Service, the Small Business Administration, and the Department of Education. See below for MDFL significant civil case highlights.

Significant Affirmative Civil Enforcement Cases

 

United States ex rel. Haight v. Physician Partners of America, et al., Case No. 8:18-civ-267 (M.D. Fla.)

Four overlapping qui tam complaints were filed against a Tampa pain management practice and alleged that the practice paid physicians based on the volume or value of the physicians’ orders for urine drug testing in violation of the Stark Law and Anti-kickback Statute. The relators also alleged that practice group performed medically unnecessary urine drug testing because the orders were not based on the individual needs of each patient. In investigating these claims over the ensuing three years, we discovered that the practice group additionally had billed Medicare for fraudulent anesthesia claims at its surgery centers and had applied for a Paycheck Protection Program loan that it was not eligible to receive. Following extensive negotiations, we resolved all allegations in the qui tam complaints for $24.5 million. This settlement amount included a civil penalty in excess of $1 million imposed under FIRREA to address the PPP loan fraud allegations.

Press release: https://www.justice.gov/opa/pr/physician-partners-america-pay-245-million-settle-allegations-unnecessary-testing-improper

 

United States ex rel. Bomar v. Bayfront Medical Center, et al., Case no. 8:16-cv-3310-MSS-JSS (M.D. Fla.)

This qui tam case alleges that four area hospitals have defrauded Medicare through a complex scheme through bogus “paper” charitable contributions by the hospitals to local government organizations. These contributions are passed through the Florida Medicaid program which used them to seek matching funds from Medicare. The Medicare money was eventually paid to the hospitals and would have never been paid out, had the federal program realized the true nature of the contributions. In investigating this alleged scheme, we have discovered that many area hospitals could be engaged in the same conduct. We have settled our claims with two hospitals, finalizing a $5.5 million settlement with Naples Community Hospital in February 2022 and a $20 million settlement with the BayCare Hospital system in April 2022. 

Press releases: https://www.justice.gov/opa/pr/florida-s-nch-healthcare-system-agrees-pay-55-million-settle-common-law-allegations

https://www.justice.gov/opa/pr/florida-s-baycare-health-system-and-hospital-affiliates-agree-pay-20-million-settle-false

 

United States ex rel. Cancel v. Central Medical Systems, LLC, Case No. 6:14-civ-512-Orl-28TBS (M.D. Fla.) 

We intervened in this qui tam case in 2018 in order to pursue civil fraud claims against this central Florida supplier of durable medical equipment (DME) and its principals for, among other things, billing federal health programs for DME that was not provided.  Early in the case, we secured a freeze of the defendants’ assets under the Federal Debt Collection Procedures Act in light of a concern over the defendants’ circumvention of an administrative claims review process. The individual owner of the provider then filed a bankruptcy petition, which prompted litigation under a variety of provisions of the Bankruptcy Code. Eventually, the principal owner of the defendant provider, Trent Harley, was indicted and pled guilty to health care fraud offenses that overlap with the civil claims alleged in the qui tam complaint.  The civil claims in the qui tam complaint were ultimately settled in January 2022 for $600,000. In 2021, Mr. Harley was sentenced to serve fifteen months in federal prison for wire fraud offenses connected to the scheme.

Press release: https://www.justice.gov/usao-mdfl/pr/central-medical-systems-llc-alan-trent-harley-and-joan-harley-agree-pay-600k-settle

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Jonisha M. Williams (36, Jacksonville) has pleaded guilty to stealing deposits from the mail. Williams faces a maximum penalty of five years in federal prison. A sentencing date has not yet been scheduled.

According to the plea agreement, from February 5 to March 4, 2021, Williams worked as a Mail Handler Assistant at the National Distribution Center in Jacksonville. During this time, the United States Postal Service Office of Inspector General received a complaint that Williams was stealing narcotics from the mail and taking them out of the facility. After investigating the complaint, agents captured Williams on video surveillance placing vacuumed sealed bags—similar to how narcotics are packaged—and other mail parcels into her backpack. During an interview with agents, Williams admitted her involvement and that she used her backpack to remove marijuana from the mailing facility.  

This case was investigated by United States Postal Service, Office of Inspector General.  It is being prosecuted by Assistant United States Attorney Kirwinn Mike.

Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Derrick Kamran Collins (32, Spring Hill) to 30 months in federal prison for manufacturing counterfeit Federal Reserve notes, aiding and abetting the passing of counterfeit Federal Reserve notes, and possession of counterfeit Federal Reserve notes. The court also ordered Collins to forfeit computer equipment utilized for manufacturing counterfeit Federal Reserve notes and $2,846.18 in illicit proceeds from his counterfeiting activities. Collins had been found guilty on October 25, 2022, following a bench trial.

According to court documents, from 2017 to March 2019, Collins acted as the source of supply for counterfeit Federal Reserve notes for various individuals throughout the Middle District of Florida. Collins was part of a scheme to pass the counterfeit bills in order to defraud businesses. After successfully passing the counterfeit currency at businesses, individuals paid Collins a portion of the proceeds. On March 26, 2019, the Jacksonville Sheriff’s Office (JSO) conducted a traffic stop on a vehicle that contained multiple people, including Collins, at the River City Marketplace for suspicion of passing counterfeit Federal Reserve notes. During a search of the vehicle, the officers recovered multiple counterfeit $100 bills throughout the vehicle and in the glove box. Subsequently, law enforcement was able to determine Collins was the source of supply for the counterfeit Federal Reserve note that were passed by various individuals in the North Florida area, including at the River City Marketplace.

On November 21, 2019, the New Port Richey Police Department (NPRPD) conducted a traffic stop at approximately 1:00 a.m. on a vehicle driven by the registered owner, Collins. Upon making contact with Collins, law enforcement observed signs of impairment. During a subsequent DUI investigation, Collins refused to participate in field sobriety exercises and was arrested for DUI. During an inventory search pursuant to towing the vehicle from the area, the NPRPD located several sheets of counterfeit $100 bills in various stages of manufacturing in the trunk of the vehicle, and computer media. In the vehicle’s glove box, officers located completed counterfeit cash and illicit proceeds from the passing of counterfeit cash, bundled together. 

This prosecution was part of a long-term investigation into counterfeit Federal Reserve notes being passed in the areas of New Port Richey and North Florida. To date, Collins is the fourth individual prosecuted in connection with this activity. In February 2020, Charles Alexander Coriaty, III (Tampa) was sentenced to 16 months in federal prison for passing counterfeit Federal Reserve notes supplied by Collins and was ordered to pay restitution to the businesses that he defrauded. In June 2020, Brett Lawrence Rozenburgh (Tampa) was sentenced to 13 months’ imprisonment for passing counterfeit Federal Reserve notes supplied by Collins and was ordered to pay restitution to the businesses that he defrauded. In September 2020, Samantha Jade Falcone (Tampa) was sentenced to 2 years’ federal supervision for passing counterfeit Federal Reserve notes supplied by Collins and was ordered to pay restitution to the businesses that she defrauded.   

This case was investigated by the Jacksonville Sheriff’s Office, the New Port Richey Police Department and the United States Secret Service - Jacksonville Field Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein. The forfeiture was handled by Assistant United States Mai Tran.

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.

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, 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, 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.

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.  

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.

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.

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.

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, 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.

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, 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, 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.     

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.

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.

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.

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.         

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.

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.   

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.

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.