Middle District of Florida

Orlando, Florida – United States Attorney Roger B. Handberg announces the unsealing of a six-count indictment charging Evan Edwards (64, New Smyrna Beach) and Joshua Edwards (30, New Smyrna Beach) with federal offenses related to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and visa fraud. Specifically, Evan and Joshua Edwards are each charged with conspiracy to commit bank fraud, bank fraud, and visa fraud. Joshua Edwards is also charged with making a false statement to a lending institution. If convicted on the conspiracy to commit bank fraud and bank fraud charges, each faces a maximum penalty of 30 years in federal prison on each count. If convicted on the visa fraud charges, each faces a maximum penalty of 10 years in federal prison per count. Joshua Edwards also faces a maximum penalty of 30 years’ imprisonment on the false statement offense. The indictment also notifies the defendants that the United States intends to forfeit any property constituting, or derived from, proceeds obtained directly or indirectly as a result of these violations. The United States previously obtained seizure warrants and recovered more than $8 million in proceeds from the charged criminal conduct.

According to the indictment, beginning approximately April 3, 2020, and continuing through about September 17, 2020, Evan and Joshua Edwards conspired to commit bank fraud and committed bank fraud by submitting a fraudulent Paycheck Protection Program (“PPP”) loan application to an FDIC insured lending institution on behalf of Aslan International Ministry, Inc. (“Aslan”) – a not-for-profit corporation that purportedly provided religious services. In the loan application, the defendants significantly overstated the number of employees and average monthly payroll for Aslan, claiming that it had almost 500 employees and over $2 million in average monthly payroll expenses. They also falsely certified in the loan application that the PPP funds would be used to maintain payroll and for other authorized purposes. Based on the false representations made in the loan application, the defendants received into their bank account approximately $8,417,200 in PPP loan funds, a portion of which they used to make a down payment for the attempted purchase of a multi-million-dollar residence for themselves.

Additionally, in June 2022, Evan and Joshua Edwards each made a materially false statement in certain immigration documents, including their Form I-485 Applications to Register as Permanent Resident or Adjust Status.  

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

This case is being investigated by the U.S. Secret Service, U.S. Customs and Border Protection, the Volusia County Sheriff’s Office, and the New Smyrna Beach Police Department. It is being prosecuted by Assistant United States Attorney Kara M. Wick.

This case is being prosecuted as part the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act relief programs. The CARES Act is a federal law enacted in March 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of the PPP program, which was administered by the Small Business Administration (the “SBA”). The purpose of PPP loans was to help small businesses that were suffering from economic downturn to continue to pay salary or wages to their employees. The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Deron Lamar Foster (35, Tampa) to 10 years in federal prison for being a felon in possession of a firearm and ammunition. The court also ordered Foster to forfeit the firearm and ammunition used in the commission of the offense. Foster had pleaded guilty on August 31, 2022.

According to court documents, Foster’s former significant other (Victim 1) and their six-year-old child (Victim 2) were victims of a shooting that occurred outside a Tampa apartment complex. Foster and Victim 1 had been arguing and were no longer living in the same residence at the time of the shooting. Victim 1 arrived at the apartment using a rideshare service. Victim 1 exited the vehicle and placed Victim 2 in the backseat of the rideshare vehicle while she went inside her apartment to retrieve a few belongings. Shortly after, the driver of the rideshare vehicle (Victim 3) heard five to six gunshots and realized someone was firing a gun at his car. Victim 3 fled from the apartment parking lot, with Victim 2 in the backseat, and flagged down an officer at a nearby pawn shop. Officers observed two bullet holes in Victim 3’s vehicle—one on the driver’s side door and one on the rear passenger door. Victim 2 had been sitting in the rear middle seat of the vehicle at the time of the shooting.

Foster fled from the area after the shooting but was arrested several days later by officers from the Tampa Police Department. At the time of his arrest, Foster was in possession of a loaded firearm. Analysis revealed it was the same firearm that had been used during the shooting at the apartment complex.

Foster had previously been convicted of multiple felonies, including child abuse and aggravated assault with a deadly weapon. As a result of his convictions, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Hillsborough County Sheriff's Office, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.

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

Tampa, FL – A federal jury convicted Jeremy Brown, 48, of Tampa, for possession of an unregistered sawed-off shotgun and an unregistered short-barreled rifle, two counts of possession of unregistered M67 fragmentation grenades, willful retention of national defense information and illegal storage of explosives.

According to evidence presented at trial, on Sept. 30, 2021, the FBI executed an arrest and search warrant at Brown’s residence in Tampa. During the search, agents found an unregistered AR-15-style rifle, modified to have a 10” barrel, in Brown’s bedroom. Agents also found a sawed-off shotgun, also unregistered, on a couch inside of Brown’s recreational vehicle (RV), which was parked near his home. Inside a briefcase next to the shotgun, agents found a classified Trip Report that Brown had authored shortly before he retired from the U.S. Special Forces. Inside the bedroom of that same RV, agents found an ammunition vest containing two M-67 fragmentation grenades hidden in the pockets. U.S. Army records confirmed that the grenades had originally been in the possession of the U.S. Army.

Trial evidence also established that Brown had served as a weapons sergeant in the Special Forces, which would have given him access to M-67 fragmentation grenades. Finally, the evidence established that the classified Trip Report contained highly sensitive information about U.S. Department of Defense intelligence – gathering tactics, techniques, and procedures, including information about a human source that, if released, could have caused the source to be arrested, tortured or killed.

Each count carries a maximum penalty of 10 years in federal prison. Brown was also found guilty of illegal storage of explosives and faces up to one year in prison for that offense. His sentencing hearing is scheduled March 13, 2023.

The FBI is investigating the case.

Assistant U.S. Attorney Daniel J. Marcet for the Middle District of Florida and Trial Attorney Menno Goedman of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Reece Christopher Depew (24, Jacksonville) has pleaded guilty to possessing images depicting young children being sexually abused. Depew faces a maximum penalty of 20 years’ imprisonment and a potential lifetime of supervised release. Depew was arrested on January 17, 2020, and has been detained since that time. 

According to court documents, the National Center for Missing and Exploited Children received a CyberTip report from a company that operates an online social messaging application (“App”). This report stated that a particular user named “Android 18,” later identified as Depew, had uploaded a number of child sexual abuse images over the internet to an online chat platform on the App. Further investigation revealed that the internet protocol address used to upload this material traced back to Depew’s residence in Jacksonville.

On January 17, 2020, FBI agents executed a federal search warrant at Depew’s residence. During an interview, Depew admitted that he used private messaging apps to talk to others online about sex, he had viewed and traded child sexual abuse images during 2019, and that he had downloaded these images from the internet using his laptop computer. Depew was shown a particular image depicting an infant being sexually abused, and admitted that he had posted this image in a chat room on the App. A review of Depew’s laptop computer revealed that it contained one image depicting a young child being sexually abused and at least 200 images of cartoon or “anime” pornography, some featuring cartoon-stylized children.       

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.

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

Tampa, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Patrick Dines (74, St. Petersburg) guilty of endeavoring to obstruct a proceeding pending before the United States Coast Guard (USCG). Dines faces a maximum penalty of five years in federal prison. His sentencing hearing has not yet been set. Dines had been indicted on March 1, 2022.

According to evidence presented at trial, Dines was the president of “FYC Yachts,” a yacht charter brokerage company in St. Petersburg. In August 2016, in response to reports that FYC Yachts had been overcrowding charters in violation of federal boating safety laws, a USCG investigating officer met with Dines to discuss the reports and FYC Yachts’ operations. Dines assured the investigating officer that his company was operating in compliance with the law.   

On the afternoon of March 14, 2017, an overcrowded FYC-chartered yacht, named the “JAGUAR,” set sail from Maximo Marina in St. Petersburg and anchored in Pass-a-Grille Channel to allow the passengers to go swimming. There were strong currents outgoing in the channel that day, which pulled the swimmers away from the JAGUAR. Two swimmers were unable to make it back to the boat. While the other passengers assisted one of the swimmers, the only crew member on board besides the captain jumped into the water to save the other passenger. Both the crew member and the passenger were overcome by the current and swept out to sea. Search and rescue efforts by the JAGUAR, the USCG, and state and local partner agencies were unsuccessful.

Upon the JAGUAR’s return to Maximo Marina later that evening, Dines approached the remaining passengers and encouraged one of them to pretend to be a crew member in order to mislead Coast Guard investigators about the number of passengers onboard. This request was consistent with past instructions Dines had given to other charter boat captains to misidentify passengers as crew members during USCG boardings. Dines also attempted to have the remaining passengers sign a charter contract in order to absolve himself of any responsibility for the incident. The passengers refused, noting that the contract had the wrong yacht name, time of voyage, and number of passengers.

This case was investigated by United States Coast Guard Sector (St. Petersburg) and the United States Coast Guard Investigative Service. It is being prosecuted by Special Assistant United States Attorneys Matthew Del Mastro and Ben Krebs.

SAVANNAH, GA:  A Chatham County man with a long, violent criminal history has been sentenced to federal prison after admitting to a kidnapping that left the victim robbed and badly injured.

Robert Stephens, 25, of Savannah, was sentenced to 213 months in prison after previously pleading guilty to Kidnapping, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge R. Stan Baker also ordered Stephens and a co-defendant to pay $33,157.46 in restitution, and to serve five years of supervised release upon completion of his prison term.

There is no parole in the federal system.

“This nightmarish, multi-state crime left the victim near death, and it sadly was a continuum of Robert Stephens’ violent, antisocial history,” said U.S. Attorney Estes. “Hard time behind bars will protect the community from this depraved criminal.”

Stephens’ co-defendant, James Daniel Page, 49, of Savannah, is serving 315 months in federal prison after sentencing in September 2021 on a kidnapping charge.

As described in court documents and proceedings, in November 2020, Stephens and Page forcibly restrained the male victim, an associate of Page, robbing him and forcing him into the back seat of the victim’s SUV, then drove from Jacksonville, Fla., to Savannah. Stephens then repeatedly assaulted and stabbed the man and drove away in the victim’s vehicle after abandoning him shortly after 2 a.m. in a city park. The victim later was helped by nearby residents and transported to the hospital.

While the two were being sought by investigators from the Savannah Police Department and Jacksonville Sheriff’s Office, Page and Stephens traveled from Savannah to Aiken County, S.C., in the victim’s vehicle while using the victim’s debit card to withdraw cash from multiple ATMs. Approximately 18 hours after the victim was found, Aiken County Sheriff’s deputies spotted the stolen vehicle and attempted a traffic stop. The SUV crashed during the ensuing chase, and Stephens and Page were treated at an Augusta hospital and taken into custody.

Both Stephens and Page have long and violent criminal histories with multiple felony convictions in state and federal courts.

 “The crime committed by this defendant and his associate was violent and shameless. Unfortunately, the damage Stephens inflicted will be felt by this victim for the rest of his life,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “We will continue to work with our law enforcement partners and devote significant investigative resources toward removing violent criminals from our neighborhoods, making them safer for law abiding citizens.”

The case was investigated by the FBI, the Savannah Police Department, the Jacksonville Sheriff’s Office, and the Aiken County Sheriff’s Office, and prosecuted for the United States by Assistant U.S. Attorneys Frank M. Pennington II and Darron J. Hubbard.

Ocala, Florida – United States Attorney Roger B. Handberg announces that Ricky Darnell Franklin, Jr. (31, Ocala) has pleaded guilty to possessing a firearm as a convicted felon. He faces up to 10 years in federal prison. A sentencing date has not yet been set. Franklin had been indicted on May 24, 2022.

According to court documents, Franklin has four prior state felony convictions, including two convictions for attempted second-degree murder with a firearm (2010), shooting at or into an occupied vehicle (2010), and possession of a firearm by a delinquent (2010). On September 30, 2021, officers from the Ocala Police Department stopped a vehicle in which Franklin was a passenger. The officers recovered methamphetamine and a loaded handgun from inside the vehicle. DNA testing by the FBI conclusively showed that Franklin had possessed the firearm. As a convicted felon, Franklin is prohibited from possessing firearms under federal law.

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

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

Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced Oscar Molina-Avila to four years and four months in federal prison for conspiracy to commit wire fraud and conspiracy to defraud the United States for the purpose of impeding the lawful functions of the Internal Revenue Service. As part of his sentence, the court ordered Molina-Avila to pay more than $5.4 million in restitution to his victims, specifically, $2,111,151 to a workers’ compensation insurance company and $3,330,596.42 to the IRS. The court also entered an order of forfeiture in the amount of $2,111,151, the proceeds of the wire fraud conspiracy. Molina-Avila had pleaded guilty on February 3, 2021.

According to court documents, between 2016 and 2020, Molina-Avila conspired with others to facilitate the payment of construction workers “off the books” in order to avoid paying premiums for workers’ compensation insurance and payroll taxes. Construction contractors and subcontractors entered arrangements with Molina-Avila and his co-conspirators, through which shell companies facilitated both the distribution of proof of insurance and the payment of workers with cash.  In exchange for 6% to 8% of the contractors’ and subcontractors’ payroll, Molina-Avila and others caused the distribution of certificates of liability insurance in the names of the shell companies, which contractors and subcontractors then used as nominal proof that they were supposedly insured. In reality, the shell companies’ insurance policies were issued based on fraudulent applications that never disclosed that contractors and subcontractors would be employing workers who were ostensibly insured under the shell companies’ barebones insurance policies. As a result of contractors and subcontractors using the shell companies’ proof of insurance but never paying any insurance premiums, insurers were defrauded out more than $10 million.

Molina-Avila and others also facilitated the deposit of checks into the shell companies’ bank accounts, as well as the withdrawal of cash to be paid to the employees of the contractors and subcontractors – all without withholding, or paying over, payroll taxes to the IRS. Through these arrangements with Molina-Avila, the construction contractors and subcontractors could disclaim responsibility for withholding and paying payroll taxes to the IRS or ensuring that the workers were legally authorized to work in the United States. By facilitating the payment of workers of more than $49 million without payroll taxes being withheld, Molina-Avila and his co-conspirators caused the U.S. Treasury to lose more than $12 million in tax receipts. 

The shell companies used in the scheme included All National Remodeling, El Boqueron Construction, La Fuente Construction, Goyos Construction Services, and Universal Florida Construction.

“Payroll taxes are an integral source of funding for government programs such as Social Security and Medicare. Today’s sentencing proves that those who shamefully choose to perpetrate payroll tax schemes will be thwarted and brought to justice,” said Ronald A. Loecker IRS-CI Acting Special Agent in Charge. “IRS-CI actively investigates these schemes to ensure cheaters do not gain a competitive edge over those who comply with our nation’s tax laws.”

“This criminal evaded workers’ compensation premiums, avoided paying employment taxes, and brokered bulk-cash drops, through fraud against the government, private industry, and America’s workforce, resulting in illicit profits and proceeds in the millions of dollars” said Homeland Security Investigations (HSI) Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to the dedication of HSI special agents, the Internal Revenue Service – Criminal Investigations, and the Florida Department of Financial Services, this criminal will now be held accountable for his complete disregard of U.S. laws.”          

This case was investigated by Internal Revenue Service — Criminal Investigation, Homeland Security Investigations (HSI), and the Florida Department of Financial Services. It was prosecuted by Assistant United States Attorney Michael J. Coolican. The forfeiture is being handled by Assistant United States Attorney Mai Tran.

Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Jason Ryan Hardy (40, Tarpon Springs) to 10 years and 10 months in federal prison for conspiracy to distribute 500 grams or more of methamphetamine. Hardy pleaded guilty on January 11, 2022.

According to court documents, Hardy flew to California to coordinate the delivery of methamphetamine from California to Florida. On June 19, 2020, package delivery employees in California reported receiving a suspicious package. Despite being shipped from California, the sender’s address and the return address on the package were both based out of Florida. The sender’s address was later confirmed to be Hardy’s and Hardy was listed as the person to return the package to if the package could not be delivered. Law enforcement officers searched the package and discovered that it contained more than 18 pounds of methamphetamine. On June 22, 2020, Hardy called to inquire about the status of the package. He identified himself by his first name and provided his true phone number and e-mail address.

“This criminal was stopped from smuggling large amounts of deadly drugs into our communities,” said Homeland Security Investigations (HSI) Assistant Special Agent in Charge Micah McCombs. “HSI special agents, working with our partners from the Tarpon Springs Police Department and the Pasco Sheriff’s Office, prevented large amounts of methamphetamine from entering our neighborhoods and have certainly saved lives.”

This case was investigated by Homeland Security Investigations (HSI), the Tarpon Springs Police Department, and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorney Charlie D. Connally.

Tampa, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Marina Sievert (57, Dunedin) with mail fraud, introduction into interstate commerce of an unapproved new drug, and monetary transactions in criminally derived property. If convicted, Sievert faces a maximum penalty of 20 years in federal prison for each mail fraud count (2 counts), three years in federal prison for each count of introduction into interstate commerce of an unapproved new drug (2 counts), and 10 years in federal prison for each money laundering count (2 counts). The indictment also notifies Sievert that the United States is seeking an order of forfeiture in the amount of at least $1.5 million, the proceeds of the charged criminal conduct.

According to the indictment, beginning in July 2019, and continuing through April 2022, Sievert owned and operated Beauty Forever Florida Inc. (“BFF”), a Florida corporation that she used to order, purchase, import, receive, and distribute unapproved and misbranded drugs and medical devices. For instance, Sievert distributed Innotox, Medytox, and Meditoxin, which contained botulinum toxin type A, a highly potent toxin that could cause the disease botulism. Sievert acquired these products from a Korean pharmaceutical company that did not have the required approvals of the Food and Drug Administration for distribution in the United States. Sievert made fraudulent representations on her BFF website to her customers, such as false and misleading claims that BFF’s products were “FDA approved,” had “cleared customs,” and had “guaranteed authenticity.” Sievert collected online orders from the BFF website and used the United States Postal Service and private and commercial interstate carriers to acquire the unapproved new drugs from foreign pharmaceutical retailers. She then distributed the unapproved new drugs across the United States via the mail. Sievert used the proceeds of her illegal scheme, in part, to make two monetary transactions, each in amounts greater than $10,000, for the purchase of a vehicle and for her own personal enrichment.

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

This case was investigated by the United States Food and Drug Administration — Office of Criminal Investigations and Homeland Security Investigations (HSI). It will be prosecuted by Assistant United States Attorney Greg Pizzo.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Jacquelyn DeVito (40, Brandon) has pleaded guilty to 10 counts of unlawful distribution of a controlled substance and 1 count of acquiring a controlled substance by fraud. DeVito faces a maximum penalty of 20 years in federal prison for each unlawful drug distribution count and up to 4 years in federal prison for acquiring a controlled substance by fraud. DeVito has also agreed to forfeit and relinquish her Florida advanced practice registered nurse (“APRN”) license and her registered nurse (“RN”) license and not to reapply for a DEA registration number.

According to the plea agreement, between March 2020 and June 2022,

DeVito worked as an ARNP and RN at an urgent care medical office where she introduced herself to patients and offered to provide separate home health services through her privately-owned company, Bee Home Medical LLC. By signing up these patients, she acquired their names and dates of birth for the purpose of using the information to prescribe oxycodone, a Schedule II controlled substance, without their knowledge or consent (collectively “Victim Patients”). DeVito issued prescriptions for oxycodone in the names of the Victim Patients to local retail pharmacies for the pharmacists to dispense the controlled substances. When the prescriptions were filled and ready to be picked up, DeVito went to the pharmacies and acquired the controlled substances by misrepresenting and deceiving the pharmacists by telling them she was the Victim Patients’ caregiver and was picking up the controlled substances on their behalf. During the Drug Enforcement Administration’s investigation, several Victim Patients were identified who had no knowledge DeVito issued the prescriptions in their names and confirmed that there was no legitimate need for them to receive oxycodone medication. DeVito prescribed and acquired more than 2,900 oxycodone pills.

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

Tampa, Florida – United States Attorney Roger B. Handberg announces that Cheyenne McIntosh (26, Bradenton) has pleaded guilty to making a false statement on an ATF form. McIntosh faces a maximum penalty of 10 years in federal prison and has agreed to forfeit seven firearms. A sentencing date has not yet been set.

According to the plea agreement, on August 18, 2021, Jamaican authorities recovered a firearm that had been used in a homicide. On September 13, 2021, the Jamaican authorities requested that law enforcement in the United States trace the origin of the firearm. The trace revealed that McIntosh had purchased the firearm on March 16, 2021, 155 days prior to the homicide. Officers conducted additional research and discovered that McIntosh had purchased several additional firearms.

Law enforcement officers attempted to locate McIntosh using the address she had provided on the ATF Form 4473 when she purchased the firearm that was later used in the homicide, but they were unsuccessful. Officers eventually learned that McIntosh had not resided at the address for more than a year. Officers eventually made contact with McIntosh on September 14, 2021. McIntosh confirmed that she had not lived at the address she listed on the ATF Form 4473 since January 2021. She also told the officers that she had purchased additional firearms on September 9, 2021. McIntosh stated that she buys firearms and sells them. She stated that she had sold 25 firearms since March 2021, and that she does not keep track of who she sells them to or conduct background checks. McIntosh stated that she would no longer provide the incorrect address when purchasing firearms.

On September 20, 2021, agents learned that McIntosh had purchased seven firearms on September 13, 2021, and would be picking them up that day. Agents also learned that McIntosh had provided the same incorrect address on the ATF 4473 Form when she purchased the firearms. When McIntosh picked the firearms up from the store, she certified that the address on the 4473 ATF form was correct. Agents approached McIntosh as she left the store. McIntosh confirmed that she had provided a false address on the ATF form.            

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Charlie D. Connally.

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

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Davion Rivers (27, Bradenton) to 15 years and 8 months in federal prison for possessing a firearm as a convicted felon. The court also ordered Rivers to forfeit the firearm, which was traceable to the offense. A federal jury had found Rivers guilty on July 11, 2022.

According to court documents, on August 10, 2020, law enforcement officers responded to a call for service after Rivers viciously attacked a minor, breaking the minor’s jaw. The officers encountered Rivers shortly after meeting with the minor. During the encounter, Rivers yelled at the officers and pushed one of them. An officer saw that Rivers had a firearm in his pocket after the push. The officer tased Rivers and recovered the firearm. The firearm was a Taurus Judge, a revolver that can fire shotgun shells, and which had five spent shell casings in the chamber. The firearm had also previously been reported stolen. Officers later secured a search warrant for Rivers’s phone and found that it contained a text message thread where Rivers had negotiated and agreed to buy the firearm.

As a previously convicted felon, Rivers is prohibited from possessing a firearm under federal law. At time of this offense, Rivers was on federal supervised release for distributing narcotics. He had been released from custody in July 2020.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bradenton Police Department. It was prosecuted by Assistant United States Attorneys Charlie D. Connally and David W.A. Chee.

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

Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Henry Troy Wade (45, Ocala) with six counts of wire fraud related to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. If convicted, he faces up to 20 years in federal prison on each count. In addition, the United States is seeking an order of forfeiture for at least $524,400, which represents the proceeds of the conduct charged in the indictment.

According to the indictment, between May 1, 2020, and March 31, 2021, Wade applied for Economic Injury Disaster Loan (“EIDL”) loans and grants under the CARES Act on behalf of multiple businesses he claimed to own. None of Wade’s purported businesses, however, were in operation during the requisite time period and were ineligible for an EIDL loan or grant. As part of Wade’s scheme, he electronically submitted applications for the EIDL loans and grants over the internet, made false representations on his applications, and received EIDL loans and grants from the Small Business Association (“SBA”) through wire transfers over the internet into his bank accounts.

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

This case is being prosecuted as part the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act relief programs. The CARES Act is a federal law enacted in March 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of the EIDL program. EIDL is an SBA program that provides low-interest funding to small businesses, renters, and homeowners affected by declared disasters. The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.

This case is being investigated by the U.S. Secret Service. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.

Ocala, Florida – United States Attorney Roger B. Handberg announces that Dawn Rae Dempsey (52, Beverly Hills) has pleaded guilty to theft of government funds. Dempsey faces up to 10 years in federal prison. She had been indicted on September 13, 2022. Her sentencing hearing is scheduled for March 9, 2023.

According to court documents, Dempsey’s late father received monthly benefit payments from the Security Administration (SSA) Retirement and Survivors Insurance (RSI). Her father passed away in November 2015. Dempsey did not notify the SSA of her father’s death, which resulted in benefit payments continuing to be electronically deposited into his bank account. From December 3, 2015, until February 3, 2021, the SSA deposited 63 payments totaling $112,661. Dempsey withdrew the funds and used them for her own expenses. She also took more than $167,000 in Coast Guard retirement benefits that had been deposited into the same account. By March 2021, the account was overdrawn. When confronted by investigators, Dempsey admitted to stealing the money.

This case was investigated by the Social Security Administration - Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.

Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced an unidentified Jamaican man, who was charged as “John Doe,” to four years and three months in federal prison for obstructing his deportation from the United States. A federal jury had found Doe guilty on February 15, 2022.

According to testimony and evidence presented at trial, Doe was first encountered by immigration authorities in January 1985 in Miami when he attempted to enter the United States from Jamaica by claiming to be a U.S. citizen named Freddie Davis. When authorities determined that he was not a U.S. citizen, he was allowed to voluntarily return to Jamaica. Doe attempted to enter the country again the next month in West Palm Beach, claiming to be a citizen of the Bahamas and using a fraudulent Bahamian passport in the name of Joseph Gordon. This ruse was discovered, and he was deported to Jamaica.

Sometime later, at an unknown place and time, Doe successfully entered the United States illegally. He was encountered by immigration authorities in Dallas in September 1988, after serving a prison sentence. Doe said then that his name was Joseph Gordon and at first said that he was a U.S. citizen born in St. Thomas, U.S. Virgin Islands, but later said that he was a citizen of the Bahamas. An immigration judge subsequently ordered him to be deported to Jamaica, but he was not deported at that time.

In June 2018, after completing a prison sentence in Florida, Doe was taken into custody by U.S. Immigration and Customs Enforcement (ICE) in Miami, this time using the name Ricardo Jones, the name under which he was convicted. Because Doe’s true identity could not conclusively be determined, the Jamaican authorities told ICE they needed more information to verify that he was a Jamaican citizen. Over the next several months, ICE and Jamaican authorities attempted to determine Doe’s true identity but were unsuccessful. Doe was repeatedly warned that he could be prosecuted if he continued to obstruct his deportation.

On January 18, 2019, Doe was scheduled for an interview with the Jamaican consulate, but he refused to speak to them. When an ICE officer asked him his name, he responded “Only God knows my name.” Later that month, Doe was transferred to ICE custody in Baker County. In March 2019, ICE again attempted to obtain a travel document to deport Doe to Jamaica. The Jamaican consulate once again informed ICE that it could not issue a travel document for Doe, because there was no conclusive evidence that Doe was a citizen of Jamaica. ICE scheduled Doe for a phone interview with the Jamaican consulate on April 9, 2019, but he refused to leave his dormitory for the interview. Another interview was scheduled for April 17, 2019, Doe went but refused to provide any information. He advised that his name was Ricardo Jones but would not provide any other information.

On June 20 and July 23, 2019, ICE conducted recorded interviews of Doe to again attempt to obtain biographical information that might allow him to be identified. During these interviews, after stating that his name was Freddie Davis, Doe refused to provide any other information, saying that ICE already had all of the information they needed.

In addition to the identities discussed above, Doe has also used the names Dave Davis, Patrick Melbourne, Frank Douglas, and Danny Brooks while he has been illegally present in the United States.

“This individual has a violent and egregious criminal history of non-compliance with many U.S. laws,” said ERO Miami Field Office Director Garrett Ripa. “His extensive criminal past is a threat to public safety. The men and women of ERO Miami will continue to focus on protecting our nation against individuals who are a threat to our communities.”

This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. It is being prosecuted by Assistant United States Attorney Arnold B. Corsmeier.

Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Avery Lans (55, St. Thomas, U.S. Virgin Islands) to 20 years in federal prison for conspiracy to distribute cocaine. His coconspirator, Wayne Ellsworth Stout, Jr. (35, Miami), was sentenced to 9 years’ imprisonment. Lans’s sentence was enhanced based on the danger he caused during his attempted escape from law enforcement on June 1, 2022. After his arrest, HSI learned that Lans was convicted of second-degree murder in 1990 in the Virgin Islands and pardoned in 2014 after serving over 20 years of his 40-year sentence. Lans and Stout were indicted on June 15, 2022. Lans was convicted after a jury trial on October 3, 2022. Stout pleaded guilty on August 19, 2022. 

According to evidence presented at trial, on June 1, 2022, Stout drove from Miami to Orlando and retrieved a duffle bag from a storage locker in the Edgewater area. Agents from Homeland Security Investigations (HSI) were conducting surveillance on Stout as he traveled from Miami to Orlando and as Stout left the storage locker and went to the parking lot of a restaurant in the Winter Park area. At approximately 1:45 p.m., Lans arrived and received the duffle bag in a short, 30-second meeting. After circling the block, Lans led HSI surveillance agents to the corner of Lee Road and Wymore Road, where he abruptly turned on to Wymore Road in an attempt to escape while dropping the duffle bag out of his passenger side window. After a brief high-speed chase, Lans was detained and the duffle bag was retrieved. It contained five kilograms of cocaine, wrapped in black tape with a marking on it.

When HSI agents searched the storage locker in Edgewater, they found three coolers containing 109 kilograms of cocaine, some of which contained the same black and gold marking as the five-kilogram bricks that Lans was carrying.

A kilogram of cocaine was estimated to be worth at least approximately $27,000. Lans was carrying $135,000 of cocaine when he unsuccessfully attempted to flee. The storage locker contained nearly $3 million of cocaine. 

The United States referenced conversations between Lans and his conspirators on a phone that Lans had been carrying at the time of his arrest to show that Lans had numerous conversations about cocaine smuggling prior to June 1, 2022. The Court enhanced Lans’s sentence based on his broader involvement in cocaine distribution prior to the pick-up on June 1, 2022.  

“Our highly skilled special agents continue to rely on their experience and resources to thwart the efforts of career criminals who attempt to distribute their poison into our communities,” said HSI Orlando Assistant Special Agent in Charge Dave Pezzutti. “These sentences are a testament to HSI and our partner law enforcement agencies commitment to work around the clock to locate and remove these illicit drugs off the streets and out of our communities.”

This case was investigated by Homeland Security Investigations (HSI), with assistance from the Orange County Sheriff’s Office, the Orlando Police Department, the Sunrise Police Department, and the Golden Beach Police Department. It was prosecuted by Assistant United States Attorney Dana E. Hill.

Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced two brothers, Andy Teruel Colina (25, Miami) and Adrian Teruel (31, Orlando), to federal prison terms. Andy Teruel Colina was sentenced to 5 years for aggravated identity theft and for producing, using, or trafficking in one or more counterfeit access devices, possession of 15 or more counterfeit and unauthorized access devices, and possession of device-making equipment. The court also ordered him to pay $1,703.23 in restitution and a special assessment of $400. He had pleaded guilty on August 26, 2022. Adrian Teruel was sentenced to 8 months’ imprisonment for producing, using, or trafficking in one or more counterfeit access devices. His prison sentence will run consecutively to his previously imposed 12-month term of imprisonment for a violation of supervised release. Adrian Teruel had pleaded guilty on August 16, 2022.

According to court documents, an investigation by the U.S. General Services Administration, Office of Inspector General (GSA-OIG) identified fraudulent credit card transactions associated with a credit card assigned to a government-owned vehicle leased by GSA to the United States Department of Veterans Affairs (VA) at the Orlando Veterans Affairs Medical Center at Lake Nona in Orlando. The account was determined to have been used for diesel fuel purchases exceeding the assigned vehicle's tank capacity and also involved inconsistent odometer entries for the vehicle in connection with the fuel purchases. The fraudulent purchases were made between March 7 and 14, 2020, at multiple gas stations in and around Orlando. The Office of Veterans Affairs confirmed that the credit card was not lost nor had any of the diesel fuel purchases made during that time period been authorized by the VA. The total loss on the credit card was determined to be $1,703.23.

As a result of the unauthorized use of the VA credit card account number, a joint investigation was undertaken by the GSA-OIG and U.S. Secret Service (USSS). It was later determined that a tow truck that was observed being fueled by diesel fuel purchased using the VA credit card was registered to Andy Teruel Colina. Agents obtained video surveillance from the gas stations where the cloned VA credit card was used to make unauthorized diesel fuel purchases. These videos depicted Andy Teruel Colina using the cloned VA credit card to fuel the tow truck. Further investigation revealed that the tow truck made numerous stops at various gas stations and to an unlawful fuel yard. Adrian Teruel was also observed on gas station video cameras using two counterfeit and unauthorized access devices to purchase diesel fuel for the tow truck on April 11, 2020.

A federal search warrant was executed at Andy Teruel Colina’s residence where agents found amongst other things, a bag containing two camera circuit boards, gorilla glue, black electrical tape, multiple battery packs, and a screwdriver. These items are consistent with a pin-hole camera, which is commonly used to obtain personal information such as a pin code at a credit card payment terminal at a fuel pump. Additionally, agents recovered a credit card encoder, two fuel pump barrel keys, and numerous counterfeit and unauthorized access devices in gift card format. The agents also found numerous electronic devices that contained credit and or debit card account numbers and names associated with the rightful card holders. In total, Andy Teruel Colina was found to be in possession of over 2,400 individual’s names and their credit or debit card account numbers.

This case was investigated by the U.S. Secret Service and the U.S. General Services Administration – Office of Inspector General, Southeast and Caribbean Regional Investigations Office. It was prosecuted by Assistant United States Attorney Terry B. Livanos.

Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Johan Holder (26, Clewiston) to 40 years, Sylvanis Brice (31, Clewiston) to 40 years, and Uriah Waggerby (25, Clewiston) to 18 years in federal prison, respectively, for their roles in an attempted robbery that resulted in the killing of a victim on the Big Cypress Indian Reservation in Clewiston. The Big Cypress Indian Reservation is one of the reservations of the Seminole Tribe of Florida. On July 20, 2022, following an eight-day trial, a jury found Holder and Brice guilty of conspiracy and robbery. The jury found Waggerby guilty of conspiracy.    

According to testimony and evidence presented at trial, shortly before midnight on November 1, 2016, men wearing hoodies, masks and gloves, and brandishing firearms attempted to commit a robbery at a residence on the Big Cypress Reservation. During the robbery attempt, one of the masked men fired a shot that struck and killed a young man who had been visiting the targeted residence.  Immediately after the shooting, the masked assailants fled the area. As the assailants had concealed their identities during the robbery attempt, no one at the scene was able to identify the perpetrators. Subsequent efforts to identify the assailants through fingerprint and DNA evidence were also unsuccessful.  

Waggerby later admitted to his involvement in the robbery, telling investigators that he had met with men in the Harlem area of Clewiston prior to the robbery and directed them to rob a particular house on the reservation because a resident there was a marijuana dealer. As a result of an exhaustive law enforcement investigation, Brice and Holder were identified as perpetrators who had committed the attempted armed robbery on the reservation. 

This case was investigated by the Federal Bureau of Investigation and the Seminole Police Department, as part of the joint Federal Bureau of Investigation/Seminole Police Department Safe Trails Task Force, which has been in existence since 2010. It was prosecuted by Assistant United States Attorneys Michael Sinacore and Simon Eth.

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

Tampa, FL – U.S. District Judge Virginia Hernandez Covington has sentenced Ruth Bianca Fernandez (39, Pompano Beach) to three years in federal prison for her role in a conspiracy to commit health care fraud and for making a false statement in a matter involving a federal health care benefit program. As part of her sentence, the court ordered Fernandez to pay approximately $12 million to the affected government health programs and an insurance company, which obligation is joint and several with other coconspirators. The court also entered an order of forfeiture against Fernandez in the amount of $62,650. Fernandez had pleaded guilty on October 18, 2021.

According to court documents, beginning in January 2018 and continuing into April 2019, Patsy Truglia, previously sentenced to a 15-year term of imprisonment, Fernandez, who worked directly under Truglia’s supervision and direction, and other conspirators generated medically unnecessary physicians’ orders via their telemarketing operation for certain orthotic devices—knee braces, back braces, wrist braces, and other braces—referred to as durable medical equipment (“DME”). Through the telemarketing operation, federal health care program beneficiaries’ (i.e., Medicare beneficiaries’) personal and medical information was harvested to create the unnecessary DME brace orders. The brace orders were then forwarded to purported “telemedicine” vendors that, in exchange for a fee, paid illegal bribes to physicians to sign the orders, often without ever contacting the beneficiaries to conduct the required telehealth consultations. The fraudulent, illegal brace orders were then returned to Truglia’s telemarketing operation, which used the orders as support for millions of dollars in false and fraudulent claims submitted to the Medicare program. To avoid Medicare scrutiny, Truglia and Fernandez spread the fraudulent claims across five DME storefronts operated under Truglia’s control and Fernandez’s day-to-day management. In all, through their five storefronts, Truglia, Fernandez, and other conspirators caused approximately $25 million in fraudulent DME claims to be submitted to Medicare, resulting in approximately $12 million in payments.

“Submitting fraudulent claims to Medicare for medically unnecessary equipment diverts funding meant to cover the cost of caring for vulnerable beneficiaries,” stated Special Agent in Charge Omar Pérez Aybar with the U.S. Department of Health and Human Services Office of Inspector General. “Our agency will continue to work with our law enforcement partners to identify and hold accountable bad actors who commit health care fraud.”

“This investigation reflects the FBI’s continuing efforts to safeguard Federal healthcare programs from greed-fueled fraud schemes,” said FBI Tampa Division Special Agent in Charge David Walker.

“This sentence today holds the defendant accountable for her role in a fraud scheme that bilked federal healthcare programs out of millions of dollars. The VA OIG is committed to rooting out fraud committed against healthcare programs for veterans and their families,” said Special Agent in Charge David Spilker of the VA Office of Inspector General’s Southeast Field Office. “We commend the collaborative efforts of our law enforcement partners in this important joint investigation.”           

“Health care fraud is not a victimless crime. We all pay in multiple ways: the U.S. Treasury loses tens of billions of dollars per year and higher health care premiums are passed on to patients as a result of these scams,” said IRS-CI Acting Special Agent in Charge Ronald A. Loecker.  “IRS-CI and our federal partners take the criminal acts committed by this defendant, and others, very seriously and will continue to follow fraudulent money flows no matter the underlying crime.”

This case was investigated by U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Department of Veterans Affairs – Office of Inspector General, and the Internal Revenue Service –Criminal Investigation’s Tampa Field Office. The criminal case was prosecuted by Assistant United States Attorneys Jay G. Trezevant, Tiffany E. Fields, and James A. Muench. A related federal civil action is being handled by Assistant United States Attorney Carolyn B. Tapie.

Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Andrea Mitchell (53, Tampa), Lester Best (54, Tampa), Gloria Gutierrez (51, Lakeland), Sylvester Robinson (57, Temple Terrace), Neukenya Jokines (52, Riverview), Kinya Lillie (52, Tampa), Jewel Jordan (52, Brandon), Andre Wright (54, Hinesville, GA) and Rozaundra Lillie (53, Tampa) with conspiracy to commit wire fraud. Mitchell is further charged with aggravated identity theft. If convicted, each faces a maximum penalty of 20 in federal prison. If convicted for aggravated identity theft, Mitchell faces a mandatory minimum of 2 years’ imprisonment, in addition to the sentence imposed for conspiracy to commit wire fraud. The indictment also notifies the individuals that the United States intends to forfeit all assets which are alleged to be traceable to proceeds of the offense.

According to the indictment, Mitchell served as a financial services manager at a higher education institution in the Middle District of Florida. Mitchell and her coconspirators used her position to embezzle hundreds of thousands of dollars in financial aid. In order to steal the funds, Mitchell stole the identities of hundreds of current and formerly enrolled students at the higher education institution, then issued checks to coconspirators using those funds. The coconspirators cashed the checks at various financial institutions and shared the proceeds.

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

This case was investigated by the Tampa Police Department, the Federal Bureau of Investigation, and the United States Secret Service. It will be prosecuted by Assistant United States Attorney Candace Garcia Rich.

Orlando, Florida – United States Attorney Roger B. Handberg announces that Carlos Alberto Roman (56, Orlando) has pleaded guilty to possession of controlled substances and possessing a firearm equipped with a silencer in furtherance of that drug crime. Roman faces a minimum mandatory sentence of 30 years, up to life, in federal prison. Coconspirators James Richard Howell (37, Silver Springs) and Kenneth Angel Vera (31, Orlando) pleaded guilty on December 5 and December 6, 2022, respectively, to their roles in the drug conspiracy with Roman. A final coconspirator, Joely Manuel Burgos (39, Orlando), is scheduled for trial on January 17, 2023.

On August 9, 2022, 13 individuals were charged in two indictments in Operation “Titan Fall,” a multi-agency Organized Crime Drug Enforcement Task Force (OCEDTF) investigation. Roman was charged with conspiracy to distribute fentanyl and cocaine in a four-person indictment along with Howell, Burgos, and Vera. On August 31, 2022, a superseding indictment charged Roman with six additional counts of drug possession, possession of a firearm equipped with a silencer in furtherance of drug trafficking, unlawful possession of firearms, ammunition, and explosive grenades by a convicted felon, and unlawful possession of a short-barreled rifle, pistols with vertical foregrips, and silencers.       

According to the plea agreement, Roman supplied cocaine and fentanyl to Howell, Burgos, and Vera for resale and regularly communicated with each of them. On August 9, 2022, Roman was arrested at his home with 19 firearms, 6 silencers, 3 flash-bang grenades, and thousands of rounds of ammunition. All but three of the firearms depicted below were recovered from Roman’s home:

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

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

Tampa, Florida – U.S. District Judge William H. Jung has sentenced Dr. Steven Chun (59, Sarasota) for conspiring to pay and receive kickbacks and bribes. Chun was sentenced to three years and six months in federal prison and ordered to forfeit $278,900, the proceeds of his offenses. On May 24, 2022, a federal jury found Chun and Daniel Tondre (52, Tampa) guilty of conspiring to pay and receive kickbacks and bribes, in the form of speaker fees, in return for prescribing the fentanyl spray, Subsys. Both were also convicted of five separate substantive counts of paying and receiving kickbacks. Tondre is scheduled for sentencing on December 15, 2022.

According to evidence presented during the 10-day trial, Chun was a doctor who owned and operated a pain management medical practice in Sarasota where he prescribed a large volume of Subsys, an expensive form of liquid fentanyl designed to be applied under the tongue (sublingual spray), allowing it to rapidly enter the bloodstream to help relieve break-through pain in certain cancer patients. Tondre was employed as a sales representative by Insys Therapeutics, Inc., the company that manufactured and sold Subsys. Insys, through its sales representative, Tondre, actively marketed Subsys to Chun by holding bogus and sham speaker events, and paid Chun $2,400 to $3,000 per speaker event in return for Chun writing more and higher dosages of Subsys prescriptions. The sham speaker programs were often only attended by Chun’s family and friends, or repeat attendees, and included many falsified or forged signatures of attendees. The sham speaker programs were designed to conceal and disguise kickbacks and bribes paid to Chun to induce him to prescribe Subsys.

According to the evidence, Insys paid Chun more than $278,900 in illegal kickbacks and bribes via the sham speaker programs over a period of less than three years. Tondre earned more than $737,000 in salary and sales commissions over a period of two and half years. Medicare Part D paid more than $4.5 million for Subsys prescriptions written by Chun.

During the sentencing hearing, two former patients of Chun testified regarding the devastating impact that Subsys had on their lives.

“This corrupt medical professional ignored patient care and instead inflicted financial pain,” said FBI Tampa Division Special Agent in Charge David Walker. “The FBI and its law enforcement partners work hard to ensure our nation’s federally funded healthcare system is protected from deception and greed.

“Contrary to proper patient care, the defendants repeatedly disregarded opportunities to promote legitimate, suitable pain management for beneficiaries to instead pursue personal gain,” said Special Agent in Charge Omar Pérez Aybar with the U.S. Department of Health and Human Services Office of Inspector General. “It is a top priority of our agency and law enforcement partners to bring to justice individuals who exploit their proximity to patients to defraud federal health care programs.”

“This sentence demonstrates the effectiveness of the Defense Criminal Investigative Service, our law enforcement partners, and the U.S. Attorney’s Office, in holding corrupt medical providers accountable when they fraudulently divert Defense Health Agency funds, putting their own greed before patient welfare,” said Special Agent in Charge Darrin Jones of the Defense Department's Inspector General, Defense Criminal Investigative Service, Southeast Field Office. “DCIS and our partners are committed to rooting out fraud and corruption and safeguarding the precious Taxpayer funding intended for the healthcare of our military members and their families.”

This case was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services—Office of Inspector General, the Defense Criminal Investigative Service, and by the Opioid Fraud Abuse and Detection Unit at the United States Attorney’s Office, which focuses on opioid-related fraud and abuse by medical and health care professionals who have contributed to the prescription opioid epidemic. It is being prosecuted by Assistant United States Attorneys Kelley C. Howard-Allen and Jennifer L. Peresie.

Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Steven Brickner to 12 months and a day for filing a false U.S. Individual Income Tax Return for tax year 2017. The Court also imposed a $7,500 fine. Brickner had pleaded guilty on February 11, 2022.

According to court documents, Brickner engaged in a scheme to defraud investors in various companies that he claimed were involved in the business of marijuana cultivation and distribution. He convinced investors to invest money in a variety of different enterprises, but wound up using most of those funds for personal uses and to purchase high-end collector automobiles. In July 2021, Brickner was ordered by the United States District Court in the Middle District of Florida to disgorge to the victims of this fraud scheme over $2,420,000 as a result of a civil lawsuit filed by the U.S. Securities and Exchange Commission.

Brickner earned more than $1,055,503 in income in tax year 2017 from the above activity that he did not report on his Individual Income Tax Returns for that year. Due to his failure to file accurate tax returns for that year, Brickner caused a loss to the IRS of $172,164.39.

“Honest law-abiding citizens are fed up with the likes of those who use other people’s money as their own personal piggy bank," said IRS-CI Acting Special Agent in Charge Ronald A. Loecker. “Mr. Brickner caused lasting harm to not only those financially connected to him, but to every hard-working taxpayer who pays into our tax system. This sentencing reassures the American public that Mr. Brickner's actions will not go unpunished.”

OFR Commissioner Russell C. Weigel, III said, “Thank you to OFR’s investigative team, the IRS, and the U.S. Attorney’s Office, Middle District of Florida, for their hard work in this case. The Office of Financial Regulation will continue to work with our partners to stop financial scammers in their tracks.”

This case was investigated by the Internal Revenue Service-Criminal Investigation, with the assistance of the U.S. Securities and Exchange Commission and the Florida Office of Financial Regulation-Bureau of Financial Investigations. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.

Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Rossonno Borders, Jr. (25, Tampa) to three years and one month in federal prison for possessing a firearm and ammunition as a convicted felon. Borders had pleaded guilty on July 27, 2022.

According to court records, on October 6, 2021, Borders was operating a vehicle with illegally tinted windows. Officers from the Tampa Police Department (TPD) attempted to initiate a traffic stop and Borders proceeded to flee at a high rate of speed. Borders crashed the vehicle he was driving and fled the scene of the crash on foot. When TPD officers arrived at the crash scene, they observed a loaded firearm on the center console of the vehicle. Fingerprints found on the magazine of the firearm were confirmed to belong to Borders

Borders is a previously convicted felon, including for grand theft in the third degree (2019) and being a felon in possession of firearm and ammunition and felon in possession of a firearm (2021). As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Terry B. Livanos.

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

Tampa, Florida – United States Attorney Roger B. Handberg announces the arrest and filing of a criminal complaint charging Dylan Joseph Thibodeau (23, Punta Gorda) with enticement of a minor and transfer of obscene material to a minor. If convicted on all counts, Thibodeau faces a minimum mandatory penalty of 10 years, up to life, in federal prison. Thibodeau made his initial appearance before U.S. Magistrate Judge Julie S. Sneed today and was ordered detained pending trial.   

According to the complaint and court proceedings, in August 2022, Thibodeau began texting with an individual he believed to be a 14-year-old child. The child was actually an undercover officer. Over the course of three and a half months, Thibodeau made plans to engage in oral and anal sex and impregnate the child before she turned 18 years old. Thibodeau also requested that the child produce nude images of herself to send him and he sent the purported child sexually explicit photos of himself.

On December 3, 2022, Thibodeau rode his bicycle approximately three hours from Punta Gorda to North Port to meet the 14-year-old for sex. Law enforcement apprehended Thibodeau when he arrived at the predetermined location.

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

This case was investigated by the North Port Police Department and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Abigail K. King.

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

Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Allen Levinson, formerly known as Allen Ameh, to six years and six months in federal prison for wire fraud conspiracy related to his orchestration of a large-scale international tax fraud scheme. Levinson, a resident of Nigeria, was arrested on December 2, 2020, while attempting to enter the United Kingdom. He was extradited to the United States and pleaded guilty upon his arrival on February 3, 2022.

According to court documents, Levinson was the leader of a scheme that attempted to defraud the United States government of more than $63 million through the filing of false and fraudulent tax returns in the names of hundreds of identity theft victims. The scheme operated from summer 2014 through 2019. Out of the $63 million claimed in tax refunds, the IRS paid over $5.5 million, the majority of which went to Levinson.

Levinson recruited coconspirators T’Andre McNeely, Brandon Williams, Michael Carr, and others—through job placement ads and word of mouth—to collect the proceeds of the tax fraud and send it to Levinson.

Levinson used sophisticated cyber means to obtain the personal data used to file the returns. He also hired other foreign nationals—including individuals located in a boiler room in Vietnam—to prepare and file the returns quickly and in large batches. The returns were filed from real certified accounting firms across the United States, all of whom had been hacked by third parties and often had their information sold on darkweb marketplaces, including a website formerly known as the xDedic Marketplace. The xDedic Marketplace was a website that operated for years and was used to sell access to compromised computers worldwide and personally identifiable information of U.S. residents.

U.S. District Judge Kathryn Kimball Mizelle previously sentenced three of Levinson’s money laundering affiliates in a related indictment. McNeely and Carr were each sentenced to six years and six months’ imprisonment. Williams was sentenced to one year and one day in prison.

“For too long, Levinson, and cyber criminals like him worldwide believed using darknet marketplaces and cryptocurrencies gave them anonymity from law enforcement.  Today’s significant sentencing makes it clear that IRS-CI special agents and our partners have the sophisticated tools to remove the so called cloak of anonymity to bring these fraudsters to justice, “ said IRS-CI Acting Special Agent in Charge Ronald A. Loecker. 

“The FBI and its law enforcement partners will never cease in their efforts to protect the American people by exposing cyber schemes and bringing the fraudsters, no matter where they try and hide, to justice,” said FBI Tampa Division Special Agent in Charge David Walker.

This case was investigated by the Internal Revenue Service – Criminal Investigation’s Tampa and Oakland Field Offices, and the FBI Tampa Field Office. Special assistance was provided by the IRS - CI Washington, D.C. and Los Angeles Field Offices, and Homeland Security Investigations (HSI), Tampa Field Office. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs. It was prosecuted by Assistant United States Attorney Rachel Jones.

Tampa, Florida – United States Attorney Roger B. Handberg announces the unsealing of four indictments charging Akinola Taylor (Nigeria), Olayemi Adafin (United Kingdom), Olakunle Oyebanjo (Nigeria), and Kazeem Olanrewaju Runsewe (Nigeria), with conspiracy to commit wire fraud, filing false claims with the United States, theft of public money or property, and aggravated identity theft. Taylor, Adafin, and Runsewe, were each arrested on November 30, 2022, and Oyebanjo was arrested on December 1, 2022. Taylor, Adafin, and Oyebanjo were apprehended in London, United Kingdom, and Runswewe was apprehended in Malmo, Sweden. Each will face extradition proceedings. In conjunction with the arrests, foreign authorities conducted searches of the residences of Taylor and Runsewe.

If convicted, each faces a maximum penalty of 20 years in federal prison for the wire fraud count, as well as additional penalties for the remaining counts. The indictments also notify the defendants that the United States intends to forfeit assets which are alleged to be traceable to proceeds of the offense.

According to the indictments, Taylor and Runsewe obtained unauthorized access to United States businesses’ computer servers, participated in stealing from those servers the personally identifying information of United States residents and used that information to file false and fraudulent Internal Revenue Service (IRS) Form 1040, United States Individual Income Tax Returns (“Form(s) 1040”) seeking income tax refunds with the IRS. Adafin and Oyebanjo assisted in the collection fraud proceeds directed to prepaid debit cards in their possession or to addresses or bank accounts they controlled or to which they had access and transferred a share of the fraud proceeds to other conspirators.

One of the places that Taylor and Runsewe had obtained unauthorized access to computer servers was the xDedic Marketplace, a website that operated for years and was used to sell access to compromised computers worldwide and personally identifiable information of U.S. residents. The xDedic administrators strategically maintained servers all over the world to facilitate the operation of the website. 

The xDedic Marketplace was taken down as part of coordinated, global enforcement operations led by the FBI (Tampa Division) the IRS-CI (Tampa Field Office) and the U.S. Attorney’s Office for the Middle District of Florida.

The investigation was led by the IRS-CI Cyber Crimes Unit (Washington, D.C). Substantial assistance was provided by the IRS-CI Tampa Field Office, the FBI Tampa Division, the Department of Justice’s Office of International Affairs, IRS-CI International Operations at Mission UK and Canada, Homeland Security Investigations (HSI), the United Kingdom’s National Extradition Unit, the United Kingdom’s Eastern Region Special Operation Unit, the United Kingdom’s North West Regional Organized Crime Unit, and the Swedish Economic Crime Authority.

The cases will be prosecuted by Assistant United States Attorney Rachel Jones.

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

Tampa, FL – U.S. District Judge Charlene E. Honeywell has sentenced Jose Luis Pinargote-Baquerizo (37, Ecuador) to 16 years and 4 months in federal prison for conspiring to possess with the intent to distribute over 2,700 kilograms of cocaine. Pinargote had pleaded guilty on August 23, 2022.

According to court documents and information offered in open court, between June and September 2017, Pinargote conspired to traffic over 2,700 kilograms of cocaine by three different vessels through the Eastern Pacific Ocean (photographs directly below). These cocaine-laden vessels left the shores of Tumaco, Colombia, with a destination of Mexico. On these three drug trafficking ventures, Pinargote hired six Ecuadorian mariners who set sail from Colombia to Mexico, paying them in U.S. dollars for their participation. Pinargote often kept a portion of this payment as a fee. He also provided logistical support for transporting the mariners from Ecuador to Colombia, arranging and paying for their transportation and hotels. Pinargote personally shepherded these mariners from Ecuador to Colombia, and on one occasion accompanied them directly into Tumaco, Colombia.

 

On August 8, 2019, in the Eastern Pacific Ocean, Pinargote was found on board a cocaine-laden vessel (1,029 kilograms) by the Colombian Navy (photograph directly below). Pursuant to an outstanding provisional arrest warrant, Pinargote was sent to a Colombian jail to await extradition to the United States.

On August 24, 2020, while awaiting extradition to the United States, Pinargote was inadvertently released from a Colombian jail. However, on February 6, 2022, he was interdicted in the Eastern Pacific Ocean on board a self-propelled semi-submersible (SPSS) vessel by the Colombian Navy, this time with 3,764 kilograms of cocaine on board (photograph directly below).

Pinargote was again arrested pursuant to the outstanding provisional arrest warrant, sent back to jail in Colombia, and extradited to the United States on March 2, 2022. In total, Pinargote is responsible for trafficking over 7,500 kilograms (or 17,000 pounds) of cocaine, which is worth approximately $225,000,000 USD.

This case was investigated by the United States Coast Guard and the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs. The Narcotics and Dangerous Drug Section’s Judicial Attaché’s Office in Colombia also assisted in facilitating the extradition. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

The case was prosecuted by Assistant United States Attorney David Pardo.

Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Charles Edward Palmatier (74, Lake Helen) to one year and one day in federal prison for dealing in firearms without a license. Palmatier had pleaded guilty on September 7, 2022.

According to court documents, On July 28, 2021, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) met with Palmatier and explained that if he wanted to continue to sell firearms he would have to apply for a Federal Firearms License (FFL). Despite that meeting, Palmatier continued to sell firearms at the Volusia Flea Marked in Deland, Florida. The ATF, along with the Volusia Bureau of Investigation (VBI), began investigating Palmatier and conducted multiple controlled purchases from Palmatier at the Volusia Flea Market from February 2, 2022, through June 8, 2022. At least two of the firearms purchased from Palmatier were subsequently linked to usage in two separate crimes. Palmatier admitted that he would profit $50 to $75 per firearm that he sold.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Volusia Bureau of Investigation. It was prosecuted by Assistant United States Attorney Beatriz Gonzalez.

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

Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Darnell Donya Rice, Jr. (28, Jacksonville) to five years in federal prison for possession and transfer of a device designed for use in converting a weapon into a machinegun and making a false written statement to a federally licensed firearms dealer during the acquisition of a firearm. Rice had pleaded guilty on August 22, 2022.

According to court documents, on November 30, 2021, a confidential informant and an undercover special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) met with Rice outside of his home in Jacksonville. The confidential informant asked Rice if they could purchase two 9mm firearms that day. Rice declined, explaining that it was too late in the day, but asked if the pair knew anyone with a “Glock,” referring to a Glock semiautomatic pistol. Rice explained that he had a Glock “switch” for sale. A Glock “switch” or “auto-switch” is a device that, when properly installed on the rear slide portion of a Glock pistol, converts the pistol into a machinegun, allowing the weapon to automatically shoot more than one round of ammunition with a single pull of the trigger. The undercover agent proposed buying the switch that day and a Glock pistol the next day for a total sale price of $1,800. After Rice agreed, he retrieved a Glock switch from inside his home and provided it to the agent, who gave him $1,000.

The following day, the undercover ATF agent met again with Rice and paid him $800 in advance for the Glock pistol. Rice then went to a federally licensed gun store and purchased a Glock 9mm semiautomatic pistol for $542.82. In connection with the transaction, Rice completed and signed a Firearms Transaction Record (also known as ATF-Form 4473). On that form, Rice falsely affirmed that he was the actual buyer of the pistol, never disclosing that, in truth, he was buying it for the undercover agent. Afterwards, Rice met with the agent and gave him the newly purchased Glock pistol. 

On December 9, 2022, shortly before 2:00 p.m., several law enforcement agents and officers drove in multiple vehicles to Rice’s home to execute a search warrant. As they were arriving, Rice, who was in the front of his home, pointed a loaded pistol toward an approaching van that contained four federal agents. After subduing and arresting Rice, agents and officers search his home. Inside, they found a total of 23 additional firearms, including 17 semiautomatic pistols, 5 semiautomatic rifles, and a shotgun. One of the pistols had an obliterated serial number. One of the semiautomatic rifles was equipped with a bump stock-type device – a device designed to enable the rifle to shoot more than one shot with a single pull of the trigger, making it a machinegun. In addition to the 23 firearms (9 of which were loaded), the agents located more than 3,400 rounds of ammunition in the home.

Investigators have determined that beginning no later than 2018 until his arrest in 2021, Rice was engaged in the business of dealing firearms without a federal license, specifically, by frequently buying and selling firearms for profit. He used social media accounts to offer firearms and ammunition for sale and to communicate with customers. When interviewed by ATF agents, Rice stated that he had been buying and selling guns since he was 18 years old and estimated that he had bought and sold hundreds of guns, obtaining them from a variety of sources. Records from one gun store in Jacksonville show that Rice had purchased 77 firearms from that single location, paying a total of approximately $29,515. Those records show that Rice had made the bulk of his purchases with cash, at times purchased more than one firearm at a time (as many as four at a time), and often purchased the identical make and model of firearm multiple times.  

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jacksonville Sheriff’s Office, the Florida Highway Patrol, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Michael J. Coolican.

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. Covington Hernandez today sentenced Christopher Deon Townsel (47, Sarasota) to 15 years in federal prison for unlawful possession of a firearm by a convicted felon. The court also ordered Townsel to forfeit a Hi-Point C9, a 9mm pistol, and assorted ammunition, which were traceable to the offense. Townsel had pleaded guilty on May 24, 2022.

According to court documents, on December 1, 2018, deputies from the Manatee County Sheriff’s Office were conducting surveillance at a hotel in Manatee County, looking for a fugitive. The deputies observed a vehicle pull up to the hotel, and a woman leave the hotel and enter into the vehicle. The deputies smelled marijuana coming from the vehicle as the woman opened the passenger door. The deputies approached the vehicle and ordered the driver to stop as the driver began to drive away. The driver stopped the vehicle and deputies observed Townsel in the driver’s seat. One of the deputies observed a black firearm on the driver’s side floorboard of the car. The deputy also observed bags of marijuana in the car.

A crime scene technician swabbed the firearm for DNA and a DNA analyst compared Townsel’s DNA to the samples obtained from the grip of the firearm. Results of the test revealed that Townsel was a contributor from the DNA profile obtained from the grip of the firearm. The firearm had previously been reported stolen. Because Townsel had previously been convicted of several felonies, he is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Charlie D. Connally.

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

Ocala, Florida – United States Attorney Roger B. Handberg announces that Justin Heath Griffin (35, Ocklawaha) has entered a guilty plea to an indictment charging him with one count of possessing a firearm and ammunition affecting interstate commerce by a convicted felon. This charge is punishable by up to 10 years in federal prison. Griffin was indicted on July 19, 2022. He will be sentenced on March 9, 2023, before Senior United States District Judge Gregory A. Presnell.

According to court records, on March 3, 2022, officers from the City of Ocala Police Department arrested Griffin for driving without a valid driver's license.   Following the arrest, the officers discovered that Griffin possessed a loaded firearm, ammunition, drug paraphernalia, and methamphetamine. Griffin has eight prior state felony convictions, including possession of a firearm by a violent offender (2006) and armed robbery (2007). As a convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.

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

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

Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Jacob Deandre Byrd (20, Lake City) has pleaded guilty to wire fraud involving COVID Relief Fraud through the Paycheck Protection Program. Byrd faces up to 20 years in federal prison and payment of restitution to the United States government. Byrd has agreed to forfeit $20,833, representing the proceeds of the offense.  

According to court documents, in April 2021, Byrd submitted a Paycheck Protection Program (PPP) loan application to a lender authorized by the Small Business Administration to lend funds for approved PPP loan applications. The PPP loan application falsely claimed that Byrd operated his own business, “Jacob’s Beauty.” Throughout the loan application Byrd made multiple false statements regarding his purported gross income and expenses associated with operating Jacob’s Beauty. In support of his PPP loan application, Byrd submitted a false IRS Form 1040 “Profit or Loss From Business” for Jacob’s Beauty. It contained false statements about operating expenses, gross income, and wage expenditures for his purported business. In truth, Jacob’s Beauty did not exist. In reliance on the false statements in his PPP loan application, the Small Business Administration funded a PPP loan for Jacob’s Beauty totaling $20,833. After receiving the PPP loan proceeds into his bank account, Byrd began making withdrawals and spending the funds on personal expenses.   

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 of the two programs that were developed through CARES Act is the PPP. It provides funding to businesses through PPP loans for payroll costs, interest on mortgages, rent and utilities. PPP allows the interest and principal on loans to be forgiven if the business spends proceeds on certain expense items within a designated time and uses a certain percentage of the loan on payroll expenses. The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.

This case was investigated by Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Kevin C. Frein. The forfeiture is being handled by Assistant United States Attorney Mai Tran.

Jacksonville, Florida – Chief U.S. District Judge Timothy J. Corrigan has sentenced Damien Deshaun Dennis (43, Jacksonville) to 12 years in federal prison for bank fraud and aggravated identity theft. Dennis was also ordered to pay restitution to the victims he defrauded. Dennis was arrested by the United States Secret Service Jacksonville Field Office on April 11, 2022, and ordered detained pending the outcome of his case. He had pleaded guilty on July 12, 2022. 

According to court documents and evidence presented at the sentencing hearing, on August 9, 2021, Dennis entered a Community First Credit Union (CFCU) branch in Jacksonville. Using the identity of G.M., Dennis explained that he wanted to open a bank account. He then presented a counterfeit South Carolina driver license containing a picture of Dennis, but in the name of and containing the genuine date of birth of G.M. Dennis also provided a fraudulent document showing a home address in Jacksonville and a fraudulent pay document outlining his purported employment at a company in Jacksonville. After completing a “New Membership Application” using G.M.’s identity, including his Social Security number, CFCU approved the bank account application. Dennis then applied for a personal loan, stating he needed to pay for an upcoming wedding. In reliance on his false statements, the counterfeit driver license, and accompanying fraudulent documents, CFCU approved the personal loan in the name of G.M. for $20,000. Dennis subsequently made a cash withdrawal of $20,000 and left the branch.

On September 2, 2021, Dennis went to a different CFCU branch in Jacksonville. Using the identity of J.C., Dennis again explained that he wanted to open a bank account. He then presented a counterfeit Pennsylvania driver license containing a picture of Dennis, but in the name of and containing the genuine date of birth of J.C. Dennis also provided fraudulent documents in support of opening the bank account. CFCU employees became suspicious of Dennis and contacted the Jacksonville Sheriff’s Office (JSO). A JSO officer responded and spoke with Dennis who provided the officer with the victim’s name and the counterfeit Pennsylvania driver license. While Dennis and the officer were conferring outside of the credit union, Dennis fled from the officer, running through eight lanes of traffic on Beach Boulevard and into a residential neighborhood with the officer in pursuit. JSO air, canine, and ground units responded to the neighborhood. After a 20-minute search of the area, Dennis was apprehended and taken into custody. Further investigation by law enforcement determined that Dennis had attempted to open bank accounts at two additional financial institutions, using stolen identities.

In 2008 the U.S. Attorney’s Office, Jacksonville Division prosecuted Dennis, as part of a case involving a conspiracy to produce and pass counterfeit corporate checks. Dennis was convicted and sentenced to five years in federal prison in 2009. 

“The Secret Service works hand in hand with the U.S. Attorney’s Office to vigorously apprehend and prosecute prolific criminals like this defendant. This type of sentence sends the perfect message to both the victims in this case and any future criminals who think about engaging in aggravated identity theft here in North Florida,” stated E. Joseph Scargill, Special Agent in Charge, U.S. Secret Service Jacksonville Field Office. 

This case was investigated by the Jacksonville Sheriff’s Office and the United States Secret Service - Jacksonville Field Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.

Ocala, Florida – United States Attorney Roger B. Handberg announces the return of an indictment charging Frantz Brignol with one count of tax evasion and one count of failing to file a tax return. If convicted, Brignol faces up to six years in federal prison.

According to court records, despite successful dental practices in multiple counties, Brignol amassed almost $900,000 in tax liabilities to the IRS. Between approximately 2014 and 2020, Brignol evaded his tax payments by hiding hundreds of thousands of dollars in his mother’s bank accounts (for which he had signatory authority), trading funds overseas, and failing to disclose another bank account to the IRS. Despite an annual income of more than $200,000 in calendar year 2020, Brignol also failed to file an income tax return as required under federal law.

An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.

This case is being investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.

Tampa, Florida – United States Attorney Roger B. Handberg announces that Robert Humberston (39, Sarasota) has pleaded guilty to unlawful possession of a firearm by a convicted felon. Humberston faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, in March 2021, law enforcement officers recovered three firearms from a felon during a probation search. The felon – who was prohibited from possessing firearms – informed the officers that he had purchased all three firearms from Humberston, and that he had purchased one of the firearms as recently as early January 2021. The felon showed law enforcement officers a series of Facebook messages where Humberston arranged for the sale of the firearm. Officers secured a search warrant for Humberston’s Facebook account. The Facebook account contained several pictures of Humberston holding various firearms. The account also contained numerous posts and messages relating to the sale of firearms. Law enforcement officers discovered the chain of messages where Humberston agreed to sell the firearm to the felon from early January 2021.

Humberston was previously convicted of multiple felonies. Therefore, he is prohibited from possessing a firearm or ammunition under federal law.  

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Charlie D. Connally.

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

Jacksonville, Florida – United States Attorney Roger B. Handberg announces the return of an

indictment charging Kori Ann Moreno (26, Ponte Vedra Beach) with theft of mail over an eight-month period. If convicted, Moreno faces up to five years in federal prison and payment of restitution to the victims in the case. She was arrested on November 29, 2022, by agents from the United States Postal Service – Office of Inspector General and subsequently released on a bond.  

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 Kevin C. Frein.

Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Charles LeLande Boston (32, Orange Park) to six years in federal prison for receiving child sex abuse images. Boston was also ordered to serve a five-year term of supervised release and register as a sex offender. In addition, Boston was ordered to pay $23,000 in restitution to the victims of his offense. He was arrested on August 12, 2021, and ordered detained pending the outcome of this case. He had pleaded guilty on July 28, 2022.

According to court documents, the Clay County Sheriff’s Office (CCSO) conducted an online investigation on a file-sharing network for files containing materials depicting the sexual abuse of children. In January, March, and April 2021, a CCSO detective connected with a computer that had files depicting the sexual abuse of children available for sharing over the internet. Homeland Security Investigations (HSI) and CCSO later executed a search warrant at the residence connected to that computer and Boston was determined to be the owner of the computer. An examination of Boston’s computer revealed a folder of downloaded files from the internet containing approximately 80 files depicting the sexual abuse of children.

“Sexual predators who victimize children have no place in our society or in our communities,” said Homeland Security Investigations (HSI) Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to our outstanding partnership with the Clay County Sheriff’s Office, we were able to stop another pedophile from targeting our children.”

This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Ashley Washington.

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, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Justin Kelly (35, New Port Richey) guilty of conspiracy to distribute 40 grams of fentanyl resulting in death, distribution of fentanyl resulting in death, three counts of possession/distribution of fentanyl, and possessing a firearm as a convicted felon. Due to his six prior felony convictions for cocaine distribution in two separate cases, Kelly faces a mandatory sentence of life in federal prison. His sentencing hearing is scheduled for February 17, 2023. Kelly had been indicted on June 24, 2021.

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

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

The case is being prosecuted by Assistant United States Attorneys Lauren Stoia and Dan Baeza.

Tampa, FL – U.S. District Judge Katherine Kimball Mizelle has sentenced Aunyis Cherry (27, Clearwater) to 22 years and 11 months in prison, followed by 5 years of supervised release, for being a felon in possession of a firearm. Cherry also has been ordered to forfeit the firearm. A jury found Cherry guilty on June 16, 2022.

According to testimony and evidence presented at trial, Cherry drove a car with a counterfeit license plate in the area of 14th Street South in St. Petersburg. A uniformed detective with the St. Petersburg Police Department arrived in the area to conduct a traffic stop and Cherry fled from the car but was apprehended. The vehicle’s owner couldn’t be determined, and an inventory search revealed a loaded FN Herstal pistol. The jury heard testimony that Cherry’s DNA was located in three places on the firearm, including the handle and trigger. As a previously convicted felon, Cherry is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the St. Petersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Mike Gordon and Craig Gestring and was tried by Assistant United States Attorneys Samantha Beckman and James Preston.

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 Charlene Honeywell has sentenced Charles Currie (66, Tampa) to eight years and one month in federal prison, followed by 15 years of supervised release, for receipt and possession of child sexual abuse material. Currie is required to register as a sex offender. The court also ordered Currie to forfeit multiple electronic devices, which were used to commit the offenses. Restitution will be ordered by the Court at a hearing scheduled for February 3, 2023. Currie had pleaded guilty on August 19, 2022.

According to court documents, in February 2016, Currie received a video approximately 6 minutes in length via a peer-to-peer networking application that depicted prepubescent minors being sexually abused. As of January 2021, Currie also possessed multiple electronic devices containing approximately 2,452 images and 1,595 videos of child sex abuse material, including images and videos depicting toddlers and bondage.

“Removing this predator from the streets, and out of the school where he was employed, is a win for the community,” said Homeland Security Investigations (HSI) Tampa Assistant Special Agent in Charge Kristopher Pagitt. “We appreciate our partners at the Tampa Police Department in the successful investigation and prosecution of this case.”

This case was investigated by Homeland Security Investigations (HSI), with assistance from the Tampa Police Department. 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.

Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Jy’Quale Samari Grable (20, Tampa) guilty of conspiracy, robbery, and first-degree premediated murder. Grable faces a mandatory minimum sentence of life in federal prison. His sentencing hearing is scheduled for February 16, 2023. Jy’Quale Grable was indicted on February 1, 2022.

According to testimony and evidence presented at trial, on December 22, 2020, Jy’Quale Grable, Elijah Bell and Aquavious Smith drove to the Valrico Station Apartments in Brandon, Florida to conduct a robbery. Grable and Smith went to the victim’s third floor apartment, while Bell stayed in the car. On the back patio of the apartment, Grable shot B.B. in the neck, severing his spinal cord, and killing him instantly. Grable then shot M.M. in the chest, perforating his heart and lung, which also lead to his death. At approximately 9:00 p.m., neighbors heard the gun shots, and observed blood dripping down from the third floor back balcony apartment. Hillsborough County Sheriff deputies immediately responded and secured the scene.

According to evidence presented at trial, Grable later deleted Snap Chat messages and phone calls from his phone, had family members dispose of the murder weapon, and burned his bloody clothing.

Elijah Bell pleaded guilty on April 13, 2022, and Aquavious Smith did so on June 7, 2022. Both are pending sentencing.

This case was investigated by the Drug Enforcement Administration and the Hillsborough County Sheriff’s Office, with assistance from the Hillsborough County Medical Examiner’s Office, Manatee County Sheriff’s Office, and the Florida Department of Law Enforcement. It is being prosecuted by Assistant United States Attorney Diego F. Novaes and David P. Sullivan.

Tampa, Florida –United States Attorney Roger B. Handberg announces the return by a grand jury of an indictment charging Ian Grantz (24, Tarpon Springs) with distribution of sexual abuse materials and possession of child sexual abuse materials. If convicted on all counts, Grantz faces a mandatory minimum penalty of 5 years, and up to 20 years in federal prison. The indictment also notifies Grantz that the United States intends to forfeit an iPhone, which is alleged to be traceable to proceeds of the offense.

According to the indictment and court proceedings, an investigation began due to Grantz posting child sexual abuse material images depicting infants and toddlers being sexually abused on his Tumblr account. Agents conducted a residential search warrant, during which Grantz provided his cell phone for forensic review. An analysis of the cell phone revealed additional child sexual abuse material images, including pornographic images of a child living in the Tampa Bay area. Grantz admitted to distributing and possessing child sexual abuse images.

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. It will be prosecuted by Assistant United States Attorney Abigail K. King.

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

Tampa, Florida – United States Attorney Roger B. Handberg announces that Alexander Lesczcynski (24, North Redington Beach) has pleaded guilty in two cases against him. In a case pending before U.S. District Judge Mary Scriven, Lesczcynski pleaded guilty to wire fraud, bank fraud, and money laundering. In a second case pending before U.S. District Judge James Moody, Lesczcynski pleaded guilty to murder-for-hire and obstruction of justice. Lesczcynski faces a maximum penalty of 30 years in federal prison in the fraud case, and up to, 10 years’ imprisonment in the murder-for-hire case.

According to the court documents, Lesczcynski used fictitious charitable entities, including Love & Bliss, Inc., to engage in numerous frauds. The schemes included fraudulently applying for and receiving two Payroll Protection Plan (“PPP”) loans totaling approximately $195,910, and engaging in a check-kiting scheme and attempting to deposit $2.7 million of worthless checks into the Love & Bliss, Inc. business account. Lesczcynski laundered the proceeds of the PPP and check-kiting schemes through multiple accounts in an effort to conceal those proceeds from the United States and forestall its recovery. The United States ultimately seized $337,000 from an account Lesczcynski controlled and, when he discovered that the money had been frozen, he attempted to have it released by producing a fabricated pardon purportedly signed by former President Donald Trump.

In a separate fraud scheme, Lesczcynski filed fraudulent warranty deeds purporting to deed to himself and his businesses ten properties around the United States collectively valued at more than $300 million. When property owners and attorneys attempted to correct the fraudulent deeds, Lesczcynski responded by sending harassing and threatening letters, emails, and faxes. Among the victims of Lesczcynski’s deed scheme were Victim 1 and Victim 2.

In April 2022, a grand jury in the Middle District of Florida charged Leszczynski with several crimes related to the above-described fraud scheme, including fraud related to the property owned by Victim 1 and Victim 2, in case, United States v. Alexander Leszczynski, 8:22-cr-155-MSS-SPF. He was arraigned on May 17, 2022, and ordered detained.

In August 2022, the FBI became aware that while incarcerated at the Pinellas County Jail, Leszczynski sought out a hitman to kill Victim 1 and Victim 2. Leszczynski reported to a confidential informant that he had $45,000 hidden at his residence available to pay someone to kill the victims. Leszczynski relayed to the confidential informant that his pending criminal case (the fraud case) would have to be dropped if the victims were dead. The confidential informant agreed to put Leszczynski in contact with a purported hitman, who was an undercover agent.

On September 8 and 9, 2022, Lesczcynski had calls with the undercover agent. Among other details, Lesczcynski shared Victim 1 and Victim 2’s name, address, physical descriptions, approximate ages, and provided additional details that would allow the undercover agent to find photographs of Victim 1 and Victim 2 online. Lesczcynski also negotiated price, settled on paying $30,000, and repeatedly ensured the undercover agent that he wanted Victim 1 and Victim 2 dead.

The fraud case was investigated by the Federal Bureau of Investigation, the Largo Police Department, the Indian Shores Police Department, and the Palm Beach Police Department. It will be prosecuted by Assistant United States Attorney Rachel Jones. The murder-for-hire case was investigated by the Federal Bureau of Investigation and the Pinellas County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Shauna S. Hale.

 

Tampa, Florida –United States Attorney Roger B. Handberg along with Special Agent in Charge Brian Payne, IRS-Criminal Investigation, Tampa Field Office, and Special Agent in Charge David Walker, FBI-Tampa Division, announces the arrest and extradition from Spain of Alexandru Habasescu (30, Moldova). Habasescu is charged in a superseding indictment with conspiracy to commit access device fraud and substantive counts of access device fraud, for his role as an administrator of the xDedic Marketplace. If convicted on all counts, Habasescu faces a maximum penalty of 15 years in federal prison. The indictment also notifies the defendant that the United States is seeking an order of forfeiture of the proceeds and facilitating property of the fraud.

Habasescu was taken into custody by Spanish authorities in Tenerife, Canary Islands on March 14, 2022, and extradited to the United States pursuant to the extradition treaty between the United States and Spain. 

According to public documents, the xDedic Marketplace, established around October 2014, illegally sold login credentials (usernames and passwords) to compromised servers and social security numbers belonging to U.S. citizens. Habasescu, who resided in Chisnau, Moldova, acted as the lead developer and technical mastermind for the Marketplace.

Under U.S. law, fraudulently obtained passwords and social security numbers are considered unauthorized access devices. Once purchased, criminals used these credentials to facilitate a wide range of illegal activity that included tax fraud, credit card fraud, and ransomware attacks. In total, Marketplace offered over 700,000 compromised credentials for sale—including at least 150,000 in the United States and at least 8,000 in the State of Florida. The victims span the globe and all industries, including local, state, and federal government infrastructure, hospitals, 911 call centers and emergency services, major metropolitan transit authorities, accounting and law firms, pension funds, and universities.

The xDedic Marketplace operated across distributed infrastructure and utilized Bitcoin in order to hide the locations of its underlying servers and the identities of its administrators, buyers, and sellers. Buyers could search for compromised computer credentials on xDedic by desired criteria, such as price, geographic location, and operating system. On January 24, 2019, seizure orders were executed against the domain names of the xDedic Marketplace, effectively ceasing the website’s operation. The international operation to dismantle and seize this infrastructure was the result of close cooperation with law enforcement authorities in Belgium and Ukraine, the European law enforcement agency Europol, the National High Tech Crime Unit from the Dutch National Police and the German Bundeskriminalamt provided assistance in the operation to seize xDedic’s infrastructure.

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.

The U.S. investigation was led by the IRS-Criminal Investigation and the FBI-Tampa Division, with assistance from the IRS-Criminal Investigation’s Cyber Crimes Unit from the Washington D.C Field Office. Substantial assistance was also provided by the Department of Justice’s Office of International Affairs and Homeland Security Investigations (HSI).

The investigation is being overseen by Assistant United States Attorneys Rachel Jones and Carlton Gammons. Asset forfeiture will be handled by Assistant United States Attorney Suzanne Nebesky.

Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Ubertino Zavala-Perez (59, Plant City, Florida) to more than 12 years in federal prison for conspiracy to distribute methamphetamine. Zavala-Perez pleaded guilty on August 31, 2022. 

According to court documents, Ubertino Zavala-Perez conspired with individuals in Mexico and others to distribute and import methamphetamine from Mexico. On March 30, 2022, Zavala-Perez sold half a kilogram of methamphetamine imported from Mexico in a controlled purchase for $3,750. On April 1, 2022, Zavala-Perez agreed to sell one kilogram of methamphetamine in another controlled purchase. A search of his residence, including a storage shed on the property revealed two loaded firearms and additional quantities of methamphetamine. The defendant further admitted to storing his methamphetamine in an off-site storage unit and inside a shed located on his residence. Inside the shed, law enforcement discovered freeze-dried bags containing methamphetamine. After his arrest, Zavala-Perez admitted to receiving methamphetamine from co-conspirators in Mexico and elsewhere in the United States.

This case was investigated by the Drug Enforcement Administration and the Plant City Police Department. It was prosecuted by Assistant United States Attorney David W.A. Chee.

 Jacksonville, Florida –United States Attorney Roger B. Handberg announces the return by a grand jury of an indictment charging Jerry Cintron Colon (42, Jacksonville) with aggravated identity theft, false representation of a Social Security number (SSN), and fraud involving identification documents. If convicted, Colon faces up to 15 years in federal prison for the fraud count, and up to 5 years’ imprisonment on the false SSN representation count, and a consecutive mandatory minimum penalty of 2 years’ imprisonment for the aggravated identity theft count. Colon was arrested and made his initial appearance in federal court on November 21, 2022, and was released on bond.

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

This case was investigated by Homeland Security Investigations (HSI). It will be prosecuted by Assistant United States Attorney Kevin C. Frein.

Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Rachael Maia Winslow (55, Roswell, Georgia) guilty of conspiracy to commit money laundering. Winslow faces a maximum penalty of 20 years in federal prison. Her sentencing hearing will be set at a later date. Winslow was indicted on May 20, 2020.   

According to the testimony and evidence presented at trial, Winslow was a member of an international conspiracy to launder funds generated via boiler room fraud. The boiler rooms sold foreign victims what they were led to believe were legitimate investments, such as shares or stock in reputable companies such as Facebook, Chesapeake Energy, or Toys R Us. In fact, the investments were worthless, and the boiler rooms defrauded victims of over $14 million dollars, at least $4.7 million of which passed through accounts controlled by Winslow. 

Winslow formed shell companies in various states, and then opened bank accounts in the names of those shell companies for the purpose of receiving fraud proceeds from victim-investors. Fraud proceeds were then wired back overseas and used to pay expenses and boiler room workers and otherwise perpetuate the scheme.  Fraud proceeds were also wired to accounts controlled by coconspirators in the money laundering operation in the United States and overseas, including to Winslow’s overseas accounts, to compensate them for their roles in the conspiracy and otherwise for their personal enrichment. Winslow participated in this scheme while living in Barcelona, Spain, and in Miami, Florida.  

The testimony and evidence presented at trial also proved that certain assets the United States is forfeiting from the defendant, specifically, $525,595.62 seized from an account in the name of Guardian Holdings, LLC, and $222,013.19 seized from an account in the name of First Assured Contact, LLC, are traceable proceeds of the offense.

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

Tampa, Florida – U.S. District Judge William F. Jung has sentenced Desiree Madiedo (45, Brooksville) to serve one year and one day in federal prison for wire fraud. Earlier, on November 8, 2022, Judge Jung sentenced Desiree Madiedo’s husband, Christopher Madiedo (47, Brooksville), to 30 months in federal prison for his role in the wire fraud scheme. As part of their sentences, the court also ordered the Madiedos to pay full restitution in the amount of $342,155 to the victim company and entered an order of forfeiture in the same amount, representing the proceeds of the couple’s wire fraud scheme. Desiree Madiedo was found guilty on June 3, 2022. Christopher Madiedo was found guilty on September 8, 2022.

According to court documents, Desiree Madiedo was hired in 2004 by Company 1, a worldwide agribusiness, to work in the company’s Tampa office. There, she initially worked as a receptionist and was later assigned to work in the company’s accounting and office management department where she handled the Tampa office’s accounts receivable and accounts payable. Around 2014, Desiree Madiedo’s duties and responsibilities were expanded to include administration and reconciliation of Company 1’s credit card account. Around the same time, she caused Company 1 to establish an automatic monthly payment to be made from its bank account to cover charges made by Company 1 employees against its credit cards. From then and until around January 2018, the Madiedos utilized Desiree Madiedo’s company credit card to purchase approximately $342,155 in personal items and services, which were not valid business-related expenditures.

In an effort to conceal the purchases of personal items and services by herself and her husband, Desiree Madiedo continued to collect and reconcile all of the other Company 1 employees’ expense account reports, enter appropriate business expenditures made by the employees into Company 1’s books and records, and ensure that the entire outstanding balance due the credit card company—which included charges made by the Madiedos against the company’s credit card account for personal items and services—was paid in full.

This case was investigated by the United States Secret Service and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Jay G. Trezevant. Assistant United States Attorney James A. Muench is handling the asset forfeiture.